CARDHOLDER AGREEMENT

IMPORTANT – PLEASE READ CAREFULLY

This Cardholder Agreement contains an Arbitration Clause requiring all claims to be resolved by way of binding arbitration.

1. Terms and Conditions/Definitions for the Exact Prepaid Mastercard^®

This Cardholder Agreement (“Agreement”) outlines the terms and conditions under which the Exact Prepaid Mastercard has been issued to you by The Bancorp Bank, N.A., (“The Bancorp Bank” or “Issuer”).  The Issuer is an FDIC insured member institution.  “Card” means the Exact Prepaid Mastercard issued to you by The Bancorp Bank, N.A.  By accepting and using the Card, you agree to be bound by the terms and conditions contained in this Agreement.  “Card Account” means the records we maintain to account for the value of claims associated with the Card. “You” and “your” mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. “We,” “us,” and “our” mean the Issuer, our successors, affiliates, or assignees. You acknowledge and agree that the value available in the Card Account is limited to the funds that you have loaded onto the Card Account. You agree to sign the back of the Card immediately upon receipt. The expiration date of the Card is identified on the front of your Card. The Card is a prepaid card. The Card is not connected in any way to any other account. The Card is not a credit card. The Card is not for resale. You will not receive any interest on your funds in the Card Account. The Card will remain the property of the Issuer and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. The Card is not designed for business use, and we may close your Card if we determine that it is being used for business purposes. We may refuse to process any transaction that we believe may violate the terms of this Agreement.

Our business days are Monday through Friday, excluding federal holidays, even if we are open. Any references to “days” found in this Agreement are calendar days unless indicated otherwise.

Write down your Card number and the customer service phone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed. Keep the paper in a safe place. Please read this Agreement carefully and keep it for future reference.

2. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW CARD ACCOUNT

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens a Card Account.  What this means for you: When you open a Card Account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other identifying documents.

3. Activate / Register Your Card

You must activate and register your Card before it can be used. You may activate and register your Card by calling 888-924-2653, or online by visiting myexactaccount.com. You will need to provide personal information in order to verify your identity.

4. Personal Identification Number

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

5. Authorized Card Users

You are responsible for all authorized transactions initiated and fees incurred by use of your Card. If you permit another person to have access to your Card or Card number(s), we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Card according to the terms and conditions of this Agreement.

6. Secondary Cardholder

You may request an additional Card for another person. The maximum number of additional Cards permitted is three(3). You must notify us to revoke permission for any person you previously authorized to use the Card. If you notify us to revoke another person’s use of the Card, we may revoke your Card and issue a new Card with a different number. You remain liable for any and all usage of an additional Card you authorize. A fee may be assessed for expedited delivery of an additional Card; for more information about the delivery options and applicable fees, see the section labeled “Primary Card Fee Schedule.”

7. Your Representations and Warranties

By activating the Card or by retaining, using or authorizing the use of the Card, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. citizen or legal alien residing in the fifty (50) states of the United States (“U.S.”) or the District of Columbia; (iii) you have provided us with a verifiable U.S. street address (not a P.O. Box); (iv) the personal information that you provide to us in connection with the Card is true, correct and complete; (v) you received a copy of this Agreement and agree to be bound by and to comply with its terms; and (vi) you accept the Card.

8. Cash Access

With your PIN, you may use your Card to obtain cash from any Automated Teller Machine (“ATM”) or any Point-of-Sale (“POS”) device, as permissible by a merchant, that bears the Mastercard^®, Maestro^®, or STAR^® acceptance mark. All ATM transactions are treated as cash withdrawal transactions. You may use your Card at an ATM and withdraw funds from a participating bank (over the counter withdrawal). Any funds withdrawn from a POS device will be subject to the maximum amount that can be spent on your Card per day. These are our limits associated with withdrawing cash from your Card:

Secondary Cards do not have cash access – the Secondary Card may not be used to make over the counter withdrawals, make a withdrawal at an ATM, receive cash back at a POS, or receive cash by any other means.

9. Loading Your Card

You may load funds to your Card at any time. You may load your Card via direct deposit, bank Automated Clearing House (ACH) load, or cash loads via participating retail load locations. When making loads through the participating retail load locations you understand you will be doing so subject to the terms and conditions of each location operator. Log in to your Card Account online at myexactaccount.com for detailed load instructions and visit the retail load location for their terms and conditions. You may arrange for direct deposit of your salary, wages, or government benefits to your Card by completing and submitting to your employer or the appropriate government agency a form you can obtain by going online to myexactaccount.com or by calling 888-924-2653. However, we may prohibit direct deposits to the Card at our discretion. You may not load more than (i) $950.00 cash per transaction through a participating retail load location with a maximum limit of $2,500.00 per day or (ii) $10,000.00 by ACH credit or direct deposit per day. The retail load location may impose additional limitations on the frequency and value of load transactions. For security reasons, we may at any time impose additional limits on the amount, number or type of Card reloads you can make and also may impose additional limits on the maximum Card Account balance.

You should have access to your funds at the times specified below.

• Direct deposit/bank ACH direct load: Available on the effective date of the deposit or transfer as indicated by the

payer.

• Cash load: Usually available within one (1) hour, but no later than the end of the next business day.

Personal checks, cashier’s checks, and money orders sent to the Issuer are not an acceptable form of loading.  At our discretion, we may allow a load payment in excess of the limits disclosed below, including the maximum value limit, to post to your Card Account.  However, if such a load payment is permitted to post to your Card Account on one occasion, there is no guarantee that any load(s), in any form (including Remote Check Deposit, if available), in excess of the disclosed limit will be permitted in the future. While checks made payable to you as payee may be deposited to your Card Account using Remote Check Deposit, if available, any personal checks, cashier’s checks, or money orders sent to the Issuer are not an acceptable form of loading.  All checks and money orders sent to the Issuer for Card loading will be returned unless the full amount may be applied towards a negative balance, in which case the check or money order may or may not be loaded to the Card at the discretion of the Issuer.

10. Remote Check Deposit

You may load a check made out to you as the payee into your Card Account by downloading the Ingo™ Money app to your mobile device and following the instructions provided in the app. The load process will require you to submit an image of the check along with your 12-digit Direct Deposit account number.

This service is provided by a third‑party money transfer service provider. To use it, you need to agree to the terms and conditions the service provider establishes from time to time. These terms and conditions may include certain fees for use of the service that are charged by the service provider. The terms and conditions, including the applicable fees, will be provided to you when you sign up for the service. You will also be notified about any fee for a particular deposit before you authorize it. Generally, you will not have access to the money you load via remote check capture until your check clears (typically, seven (7) business days). The service provider may offer immediate funds availability for a fee.

The maximum value of your Card is restricted to $10,000.00. These are the limits associated with loading your Card:

11. Preauthorized Transfers

Your Card Account cannot be used for preauthorized direct debits from merchants, Internet service or other utility service providers (“Merchants”).  If presented for payment, preauthorized direct debits will be declined and payment to the Merchant or provider will not be made.  The Issuer’s bank routing number and the 12 - digit Direct Deposit account number are to be used only for the purpose of initiating direct deposits to your Card Account.  You are not authorized to provide the Issuer’s bank routing number and the 12- digit Direct Deposit account number to anyone other than your employer or a payer.

12. Using Your Card/Features

The maximum value of your Card is restricted to $10,000.00 for the primary Card only.

These are the maximum amounts that can be spent on your Card:

You may use your Card to purchase or lease goods or services everywhere Debit Mastercard, Maestro and STAR cards are accepted as long as you do not exceed the available value of your Card Account and other restrictions (see examples described below) do not apply. Some merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available on the Card 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 an automated fuel dispenser (“pay at the pump”), the transaction may be preauthorized for an amount up to $100.00 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 use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the transaction may be preauthorized for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred.  A preauthorization will place a “hold” on those 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. All transactions relating to hotels may result in a hold on the funds for up to thirty (30) days. All transactions relating to car rentals may result in a hold on the funds for up to forty-five (45) days. For all other transactions, it may take up to seven (7) days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount.

You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. If you authorize a transaction and then fail to make the purchase of that item as planned, the approval may result in a hold for that amount of funds for up to seven (7) days.

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 had used the Card itself. Card Account restrictions include but are not limited to:  restricted geographic or merchant locations where there is a higher risk of fraud or illegal activity; restrictions to comply with laws or prevent our liability; and other restrictions to prevent fraud and other losses. For security reasons, we may, with or without prior notice, limit the type, amount, or number of transactions you can make on your Card.  You may not use your Card for illegal online gambling or any other illegal transaction. We may increase, reduce, cancel, or suspend any of the restrictions or add new ones at any time. Your Card cannot be redeemed for cash. 

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

13. Bill Pay Service

You may pay bills online using your Card Account at myexactaccount.com. There are fees associated with using this service, see the Primary Card Fee Schedule for details.

Canceling a payment of a Bill Pay transaction: You may cancel a single or recurring Bill Pay transaction after it is scheduled, but before it is paid. Here’s how: Visit myexactaccount.com or call 888-924-2653 before the payment is scheduled to be made. By calling or visiting the website, you may cancel electronic payments up to three (3) business days prior to the scheduled payment date. Business day cutoff time is midnight MST. Bill payments sent by paper check may be cancelled at any time up to one (1) business day prior to the item being presented for payment. There is a fee for bill pay stop payments, see Primary Card Fee Schedule for details. 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 call.

Liability for failure to stop payment of Bill Pay transaction: If you order us to stop one of these payments of a Bill Pay transaction three (3) business days or more before it is scheduled to be made, and we do not do so, we will be liable for your losses or damages.

14. Returns and Refunds

If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds and agree to the refund policy of that merchant. The Issuer is not responsible for the delivery, quality, safety, legality or any other aspects of goods or services you purchase from others with a Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided.

15. Card Replacement

If you need to replace your Card for any reason except at Card expiration, please visit myexactaccount.com or call 888-924-2653 to request a replacement Card. You will be required to provide personal information which may include your 16-digit Card number, full name, transaction history, copies of accepted identification, etc. There is a fee for replacing a lost, stolen, or damaged Card. For information about the fee, see the section labeled “Fee Schedule”. A fee may also be assessed for expedited delivery of an additional Card; for more information about the delivery options and applicable fees, see the section labeled “Fee Schedule.

For information on replacing an expired Card, see the section below labeled “Expiration.”

16. Expiration

Your Card will expire no sooner than the date printed on the front of it. The funds on the Card do not expire. You will not be able to use your Card after the expiration date; however, a replacement Card will automatically be mailed to you prior to the expiration of the soon-to-expire Card. If you need a replacement Card for any reason other than the Card’s expiration, you may request one at any time by following the procedures in the section labeled “Card Replacement,” however, there is a Replacement Card Fee. For information about the fee, see the section labeled “Fee Schedule.”

17. Transactions Made In Foreign Currencies

If you obtain funds or make a purchase in a currency other than the currency in which your Card was issued, the amount deducted from the available balance of your Card Account will be converted by Mastercard International Incorporated into an amount in the currency of your Card.  The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Mastercard International Incorporated from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Mastercard International Incorporated itself receives, or the government-mandated rate in effect for the applicable central processing date.  If you obtain funds or make a purchase in a currency other than the currency in which your Card was issued, the Issuer may assess a foreign currency conversion fee of 3% of the transaction amount and will retain this amount as compensation for its services.  Transactions made outside the fifty (50) U.S. states and the District of Columbia are also subject to this conversion fee even if they are completed in U.S. currency.   

18. Receipts

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

19. Card Account Balance/Periodic Statements/ Transaction History

You are responsible for keeping track of the available balance of your Card Account. Merchants generally will not be able to determine your available balance. It’s important to know your available balance before making any transaction. You may obtain information about the amount of money you have remaining in your Card Account by calling 888-924-2653. This information, along with a twelve (12) month history of Card Account transactions, is also available online at myexactaccount.com. If your Card is registered with us, you also have a right to obtain at least twenty four (24) months of written Card Account transactions by calling 888-924-2653 or by writing to Exact Prepaid Card, PO Box 71402, Salt Lake City, Utah 84171-71402.

You will not automatically receive paper statements.

20. Primary Card Fee Schedule

All fees incurred will be deducted from your Card Account balance, except where prohibited by law.  In the event your Card Account balance is less than the fee amount being assessed, the entire Card Account balance will be applied to the fee amount, and any unpaid fee amounts MAY RESULT IN THE FEE BEING PENDED UNTIL A VALUE LOAD IS RECEIVED, AT WHICH TIME THE FEE AMOUNT WILL BE DEDUCTED FROM YOUR CARD ACCOUNT.   If there is a Pended Fee on your Card Account, any subsequent deposits or loads into your Card Account will first be applied to any negative balance and any Pended Fees.  This means your remaining Card Account balance will be less than what you deposited into the Card Account.  You may view Pended Fees in the Online Account Center under Pending Transactions or hear Pended Fees via the telephone automated service in the pending section of the transaction history.

List of all fees for Exact Prepaid Mastercard

21. Confidentiality

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

1. Where it is necessary for completing transactions;

2. In order to verify the existence and condition of your Card for a third party, such as a merchant;

3. In order to comply with government agency, court order, or other legal or administrative reporting requirements;

4. If you consent by giving us your written permission;

5. To our employees, auditors, affiliates, service providers, or attorneys as needed; or

6. Otherwise as necessary to fulfill our obligations under this Agreement.

22. Our Liability for Failure To Complete Transactions

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

1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction;

2. If a merchant refuses to accept your Card;

3. If an ATM where you are making a cash withdrawal does not have enough cash;

4. If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;

5. If access to your Card has been blocked after you reported your Card lost or stolen;

6. If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;

7. If we have reason to believe the requested transaction is unauthorized;

8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or

9. Any other exception stated in our Agreement with you.

23. Your Liability for Unauthorized Transfers

Contact us at once if you believe your Card has been lost or stolen.  Telephoning is the best way to minimize your possible losses.  If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call 888-924-2653.  Under Mastercard Rules, you will not be held responsible for unauthorized transactions if you have used reasonable care in protecting your Card from loss or theft and you have promptly reported to us when you knew that your Card was lost or stolen. Zero Liability does not apply to Mastercard payment cards that are used for commercial purposes, or anonymous prepaid cards (until such time as the identity of the cardholder has been registered with us). In the event that Mastercard Zero Liability does not apply, if you notify us within two (2) business days after you learn of any unauthorized transactions, you can lose no more than $50.00 if someone used your Card without your permission.  If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00.

Also, if you become aware of and/or your transaction history shows transactions that you did not make, notify us at once following the procedures stated in the paragraph labeled “Information About Your Right to Dispute Errors.” If you do not notify us within sixty (60) days after you become aware of the transaction and/or after the transaction history was made available to you, you may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If your Card has been lost or stolen, we will close your Card Account to keep losses down and will send a replacement card. There is a fee for replacing your Card. For information about the fee, see the section labeled “Fee Schedule”.

24. Other Miscellaneous Terms

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

25. Legal Processes Affecting Accounts

If legal action such as a garnishment, levy, or other state of federal legal process (“Legal Process”) is brought against your Card Account, we may refuse to permit (or may limit) withdrawals or transfers until the Legal Process is satisfied or dismissed. Regardless of the terms of such garnishment, levy or other state or federal process, we have first claim to any and all funds in your Card Account. We will not contest on your behalf any such Legal Process and may take action to comply with such Legal Process as we determine to be appropriate in the circumstances without liability to you, even if any funds we may be required to pay out leaves insufficient funds to pay a transaction that you have authorized. Prior to making any funds payout required by Legal Process, we may first satisfy any fees, charges or other debts owed to us under this Agreement by charging these expenses to your Card Account. If we incur any expense, including but not limited to administrative costs and reasonable attorney fees, in responding to Legal Process related to your Card Account, we may charge such expenses to your Card Account without prior notice, to the extent permitted by applicable law.

26. Amendment and Cancellation

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

In the event your Card Account is cancelled, closed, or terminated for any reason you may request that the unused balance be refunded to you.  For security purposes, you may be required to supply identification and address verification documentation prior to being issued a refund.  There is a fee for a refund.  Please refer to the Fee Schedule above.  In the event this Card Program is cancelled, closed, or terminated, we will send you prior notice in accordance with applicable law.  The notice will contain specific information and instructions, including how and when you may receive a refund of any remaining Card Account balance.  The Issuer reserves the right to refuse to return any unused balance amount less than $1.00. The time frame for processing and delivery of any refund depends on the method you select to receive it. Refund delivery methods may include, but not be limited to, mailing a paper check to you (allow 60 days for processing and delivery).

27. Information About Your Right to Dispute Errors 

In case of errors or questions about your Card Account, call 888-924-2653 or write to Cardholder Services, Exact Prepaid Mastercard, PO Box 71402, Salt Lake City, Utah 84171-71402 if you think an error has occurred on your Card Account or if you need more information about a transaction listed on your electronic or written history or receipt.  We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling 888-924-2653 or writing to Exact Prepaid Mastercard, PO Box 71402, Salt Lake City, Utah 84171-71402. You will need to tell us:

1. Your name and the 16-digit Card number

2. Why you believe there is an error, and the dollar amount involved

3. Approximately when the error took place

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

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question.  If we decide to do this, and your Card Account is registered with us, we will credit your Card within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation.  If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Card.

For errors involving new Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Card Accounts, we may take up to twenty (20) business days to credit your Card Account for the amount you think is in error.

We will tell you the results within three (3) business days after completing the investigation.  If we decide that there was no error, we will send you a written explanation.  Copies of the documents used in the investigation may be obtained by contacting the phone number or address shown at the beginning of this section. If you need more information about our error-resolution procedures, call 888-924-2653 or visit myexactaccount.com.

28. English Language Controls 

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

29. Customer Service

For customer service or additional information regarding your Card, please contact:

Exact Prepaid Mastercard
PO Box 71402
Salt Lake City, Utah 84171-71402
888-924-2653

Customer Service agents are available to answer your calls:

Monday through Friday, 5:00 a.m. to 11:00 p.m. MT

Saturday and Sunday, 6:00 a.m. to 6:00 p.m. MT (holidays excluded).

30. Telephone Monitoring/Recording

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

31. No Warranty Regarding Goods or Services as Applicable

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

32. Arbitration

Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) this Agreement; ii) your Card; iii) the Cards of additional cardholders designated by you, if any; iv) your acquisition of the Card; v) your use of the Card; vi) the amount of available funds in the Card Account; vii) advertisements, promotions or oral or written statements related to the Card, as well as goods or services purchased with the Card; viii) the benefits and services related to the Card; or ix) transactions on the Card, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).

We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence.

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.

For a copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017 or at www.adr.org.

All determinations as to the scope, interpretation, enforceability, and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.

This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Card, or any amounts owed on your Card, to any other person or entity; or iv) expiration of the Card. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.

IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE CARD. CALL 888-924-2653 TO CANCEL THE CARD AND TO REQUEST A REFUND, IF APPLICABLE.

This Card is issued by The Bancorp Bank, N.A., Member FDIC, pursuant to a license from Visa U.S.A. Inc.

This Cardholder Agreement is effective (03/2023)