(Reloadable if Approved for Registration)
IMPORTANT – PLEASE READ CAREFULLY
Terms and Conditions for the Google® MasterCard® Prepaid Account, Money Network® Enabled
This document constitutes the agreement (this "Agreement") between you and MetaBankTM regarding the Google® MasterCard® PayPass® Prepaid Account, Money Network® Enabled Prepaid Account issued by MetaBank, Member FDIC. All references to "Prepaid Account" contained in this Agreement relate specifically to the Google® MasterCard® PayPass® Prepaid Account, Money Network® Enabled. Please read this Agreement carefully and keep it for future reference.
In this Agreement, "you" and "your" mean the person or persons who have purchased or received the Prepaid Account and/or are authorized to use the Prepaid Account as provided for in this Agreement. "We", "us", "our" and "Bank" mean MetaBank, our successors, affiliates and assignees. "Accountholder Fee Schedule" means the schedule of Accountholder fees included with your Prepaid Account. Your Prepaid Account funds are held in an account at the Bank and may be canceled, suspended or revoked at any time without prior notice subject to applicable law. Your "Prepaid Account" is a limited use prepaid account that will have limited functionality until you register your Prepaid Account, as discussed below. Once registered and verified, your Prepaid Account will then be a fully functional Reloadable Prepaid Account, also further defined below.
Accountholder Fee Schedule1
A fee will be deducted from your Prepaid Account balance for certain services and transactions, including:
Transaction Limit Schedule4
1The above fees do not include any fee that may be separately charged by an owner or operator of a POS terminal and/or any network used in connection with the transaction.
We reserve the right to revise the Fee Schedule from time to time, and will notify you accordingly as required by law. You acknowledge that by maintaining an Prepaid Account and/or continuing to use the Services after such notification, you are thereby agreeing to any such revisions to the fees.
Customer Service Contact Information
The Prepaid Account is a prepaid account that may only be accessed where MasterCard PayPass® is accepted, as described more fully below, and does not include a physical plastic prepaid card. Since no physical card is available with your Prepaid Account, a merchant may refuse to conduct the contactless MasterCard PayPass® transaction. You many not access cash via ATM or otherwise from your Prepaid Account. Use of the Prepaid Account on your mobile device is subject to other separate terms and conditions; including Google Wallet terms and conditions that you must accept before you can activate your Prepaid Account. We are not responsible for the device that delivers the product or the software or hardware it contains and make no guarantees about it. We make no guarantees about the information shown in the Google Wallet not included in the Prepaid Account or technical issues related to the device or the software or hardware it contains. You agree that all features and functionality related to your Prepaid Account are accessible only through the Google Wallet. Your Prepaid Account may or may not initially include a pre-funded amount, the “Promotion” or “Rebate Amount” provided by Google. If supported by your Program, you may load a limited amount of additional funds to this Prepaid Account, via debit card or credit card before you need to complete our verification process. The ability to load additional funds prior to verification, the amount of funds which may be loaded prior to verification, and the number of times you may load funds prior to verification are subject to the discretion of Bank and may change at any time, subject to applicable law. Our verification process is described below under “Important Information about Reloadable Prepaid Account Verification Process”. Upon registration, your funds will be FDIC Insured.
The Prepaid Account is NOT a credit card. The Prepaid Account is not connected in any way to any other checking, savings, or other interest bearing account. You will not receive any interest on the funds loaded onto your Prepaid Account. For purposes of this Agreement, our business days are Monday through Friday, excluding holidays. THIS AGREEMENT CONTAINS A LIMITATION OF LIABILITY PROVISION AND AN ARBITRATION PROVISION AND WAIVER OF TRIAL BY JURY (the “Liability and Dispute Provisions”). In addition to being agreements enforceable by Bank, you acknowledge and agree that with supervision by Bank and after approval by Bank, the Liability and Dispute Provisions run to the benefit of, and are enforceable by Google, MasterCard and Money Network Financial, LLC (“Money Network”) and their successors, affiliates and assignees, which provide management and administration services for the Account program.
Conditions for Reloadable Google® MasterCard® PayPass® Prepaid Account, Money Network® Enabled
Assuming your program supports reloadable accounts and upon completion of our verification process, your Prepaid Account will have all the functionalities described below of a Google® MasterCard® PayPass® Prepaid Account, Money Network® Enabled (“Reloadable Prepaid Account”). You must be at least 18 years old in order to obtain a Prepaid Account or for your Prepaid Account to be registered as a Reloadable Prepaid Account. If we notify you that we need additional information, you must provide the information or your Prepaid Account will NOT be registered as a Reloadable Prepaid Account and your Prepaid Account will have NO reload functionalities beyond any discretionary pre-verification reloads allowed by Bank and/or Google. Upon completion of the registration and verification process, and unless we notify you that you cannot be registered for reload, your Prepaid Account will be registered as a Reloadable Prepaid Account.
Important Information about Reloadable Prepaid Account Verification Process
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 obtains a Reloadable Prepaid Account. What this means for you: If during the registration process we are unable to verify your identity, we may ask you for additional information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents. You may be required to mail or fax copies of certain documents to us. You will have 10 days to provide us with supplemental information that we can use to verify your identity. You agree to notify us promptly if your address changes.
Loading and Reloading Your Prepaid Account
If your Prepaid Account is registered as a Reloadable Prepaid Account, subject to the limits as described below or in the Accountholder Fee Schedule, you may load value (add funds) to your Reloadable Prepaid Account at any time via credit card or debit card. In order to load value to your Reloadable Prepaid Account, you agree to comply with all other requirements we may impose from time to time, including but not limited to identification and any applicable load limit requirements. Value loaded to your Reloadable Prepaid Account by credit card will be made available on the same day we validate the load transaction. The amount of each load must be at least $20. After registration of your Prepaid Account, the following limits shall apply: Loads made by credit cards may not exceed $500 per load, $500 per calendar day and $2,000 per calendar month. We reserve the right to suspend or revoke the reload capability at any time. Reload transactions are processed on behalf of MetaBank by Money Network and its affiliates. In certain states (including AL, AK, AS, CT, DC, GA, ID, IL, KS, ME, MI, NE, NV, NH, NJ, NM, ND, PR, TN, VT, WA, WY and the USVI), reload transactions are processed on behalf of MetaBank by Money Network as agent of, and together with, Integrated Payment Systems, Inc. ("IPS"), a licensed money transmitter. More information about IPS is available at the Integrated Payments Systems Complaints, Concerns, and Licenses webpage, which can be found at http://www.firstdata.com/moneynetwork/terms/google/meta/ips.
Non-interest Bearing Account
Your Prepaid Account is maintained in an aggregated custodial account established for the benefit of you and other customers having a Prepaid Account at the Bank. Your Reloadable Prepaid Account is held by Bank on your behalf and once registered is insured by the Federal Deposit Insurance Corporation ("FDIC") up to the limits permitted by law. You will not earn interest on your Prepaid Account or your Reloadable Prepaid Account.
Using Your Prepaid Account
You are wholly responsible for each use of the according to the terms of this Agreement. If you permit another person to use the Prepaid Account, you will be liable for all transactions made by that person and all fees and charges associated therewith.
You may use your Prepaid Account to pay for goods or services only where MasterCard PayPass is accepted.
The fees for conducting all of these transactions are set forth in the Prepaid Accountholder Fee Schedule. You agree not to use the Prepaid Account for illegal transactions or to fund Internet gambling transactions. When conducting a transaction with your Prepaid Account you may be prompted by or on behalf of a merchant to provide information to confirm your identity, including a physical card for signature comparison. Since no physical card is available with your Prepaid Account, a merchant may refuse to conduct the contactless MasterCard PayPass transaction. You may initiate transactions at the point of sale using your Prepaid Account, only where MasterCard PayPass is accepted.
You many not access cash via ATM or otherwise from your Prepaid Account.
For security reasons, we may limit the amount, number or type of transactions you can make to or from your Prepaid Account or suspend the use of your Prepaid Account, should we have cause to do so. Retailers and third party service providers may impose additional limits on the number or amount of transactions you may make using your Prepaid Account, as with any other payment device. You should keep track of the value of your Prepaid Account. We will make information about the available balance on your Prepaid Account and your transaction history available as described in the section titled "Balance and Transaction History" below.
Each time you use your Prepaid Account, you authorize us to deduct the amount of the transaction and any associated fees and charges from the balance of the funds associated with the Prepaid Account. THE AMOUNT OF YOUR TRANSACTIONS AND ASSOCIATED FEES MAY NOT EXCEED THE BALANCE AVAILABLE ON YOUR PREPAID ACCOUNT. If you attempt to use the Prepaid Account when there are insufficient funds associated with it to cover the transaction amount and any associated fees, the transaction will generally be declined. Nevertheless, if a transaction that exceeds the balance of the funds available on your Prepaid Account occurs due to a systems malfunction or otherwise, you shall remain fully liable to us for the amount of the transaction. We reserve the right to bill you for, and/or to deduct from the amount of any subsequent value loaded to your Prepaid Account, any shortage. You agree to pay us promptly for the shortage. We also reserve the right to cancel the Prepaid Account should you create one or more shortages of any type with your Prepaid Account (including by disputing or charging back a reload transaction). You agree not to attempt to use your Prepaid Account if you have disputed or charged back a reload transaction, or once all funds associated with your Prepaid Account have been spent or withdrawn. If you wish to use your Prepaid Account for a purchase which is greater than the balance of the funds available on your Prepaid Account, you must tell the merchant to charge only the exact amount of funds available on your Prepaid Account, and then you must arrange to pay the difference using another payment method. The merchant may require payment for the difference in cash rather than accepting another card, such as a credit or debit card. Some merchants may not accept these "split tender transactions". If you fail to inform the merchant prior to completing the transaction, your Prepaid Account is likely to be declined. When some merchants, such as restaurants, seek to preauthorize a transaction, an additional amount for estimated tip or other expenses may be added to the amount that is used to check whether there are sufficient funds on your Prepaid Account. Other merchants, such as gas stations when you pay at the pump, may seek to preauthorize an amount sufficient to satisfy most transactions and may be larger than the purchase you expect to make. If the amount of the authorization request exceeds your Prepaid Account balance, the transaction may be declined. If you commence a purchase transaction and then cancel the transaction prior to completing it, but after the merchant has already obtained an "authorization" for the transaction, the "authorization" obtained by the merchant may result in a temporary hold for that amount of funds for up to 10 days.
Unless otherwise prohibited by applicable law, your Prepaid Account expires 5 years from the date of activation of your Prepaid Account in the Google Wallet. However, the assessment of applicable fees may deplete your Prepaid Account balance prior to the expiration date, even if you never use your Prepaid Account. See the Accountholder Fee Schedule, "Monthly Maintenance Fee", for more information. If you have loaded funds to your Prepaid Account and they remain on your Prepaid Account at expiration, you may request a balance refund check by calling the phone number on your Prepaid Account. If we send you a balance refund check, it will be for the amount of funds remaining on your Prepaid Account at expiration less any applicable fees. If you have not loaded your own funds to your Prepaid Account and any remaining Promotion or Rebate funds remain in your Prepaid Account those funds will not be available after expiration subject to applicable law.
Returns and Refunds
If you have loaded your own funds onto your Prepaid Account, you can cancel your Prepaid Account and obtain a refund for the Prepaid Account by calling Customer Service, fees may apply, see the fee schedule for more information. It may take up to 30 days for you to receive your refund check from us. Unless otherwise specified by a third party service provider, if you are entitled to a refund for any reason for goods or services obtained with your Prepaid Account, you agree to accept credits to your Prepaid Account for such refunds. Refund, return and cancellation policies for purchases from a third party service provider will be disclosed to you by the third party service provider.
You should get a receipt at the time you make a transaction using your Prepaid Account. You agree to retain your receipt to verify your transactions.
Balance and Transaction History
You will be able to access your balance and transaction history using the Google Wallet. You may also call customer service for information about your balance and transaction history. You may request to have a written transaction history (covering the 60-day period immediately preceding your request) mailed to you by (1) calling Customer Service or (2) writing Customer Service at the address set forth below. However, there is a fee, as set forth in the Accountholder Fee Schedule, for this service. In addition, if your Prepaid Account has been registered as a Reloadable Prepaid Account, you also may request to have a recurring written transaction history mailed to you on a monthly basis. The applicable fee for this service, as set forth in the Accountholder Fee Schedule, will be deducted from your Prepaid Account balance each month.
Except as provided below, you do not have the right to stop payment on any transaction made with your Prepaid Account. If you have pre-authorized a third party to deduct any recurring payments from your Reloadable Prepaid Account balance, you can stop any of these payments. To stop a payment you should provide sufficient advance notice to the party that you authorized to debit your Reloadable Prepaid Account balance to allow that party to stop payment before the next payment is scheduled to be made. You can also authorize us to stop such payments by calling Customer Service or writing to Customer Service at the address listed below in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. If these regular payments may vary in amount, the party you are going to pay will tell you no later than 10 days before each payment, when it will be made and for 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. 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 as provided in this Agreement.
Your Liability for Unauthorized MasterCard Prepaid Account Transactions
Tell us, AT ONCE, if you believe there has been unauthorized use or any unauthorized transactions in your Prepaid Account. Your liability for unauthorized transactions that take place on the MasterCard system is zero dollars ($0). We may require you to provide a written statement regarding claims of unauthorized transactions. These provisions limiting your liability do not apply to POS, PINless, or any other debit transactions not processed by MasterCard. In addition to this paragraph, we may also be responsible to you for unauthorized transactions not processed by MasterCard (see “Your Liability for Unauthorized or Disputed Transactions; Prepaid Account Replacement” paragraph below).
Your Liability for Unauthorized or Disputed Transactions; Prepaid Account Replacement
You agree to safeguard the Prepaid Account. Please keep a separate record of your Prepaid Account number or Prepaid Account ID. Call or write Customer Service AT ONCE if you believe your Prepaid Account has been lost or stolen, or if you otherwise believe that an electronic funds transfer has been made without your permission, and we will cancel your Prepaid Account. Telephoning Customer Service is the best way of limiting your possible losses. You could lose all the money in your Prepaid Account. We reserve the right to conduct an investigation into any claim that your Prepaid Account was lost or stolen or used without your authorization, or to require you to provide an affidavit in connection with your claim of a lost or stolen Prepaid Account or unauthorized use of your Prepaid Account, and you agree to cooperate with any such investigation or request. If you tell us within 2 business days after you learn of the loss or theft of your Prepaid Account or information you can lose no more than $50 if someone used your Prepaid Account without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Prepaid Account or information, and we can prove we could have stopped someone from using your Prepaid Account without your permission if you had told us, you could lose as much as $500. If your transaction history shows transfers that you did not make, including those made by your Prepaid Account tell us AT ONCE. If you do not tell us within 60 days after the earlier of the date you electronically accessed your Prepaid Account transaction history or the date the Prepaid Account transaction history was made available to you on which the unauthorized transfer appeared, you will not receive a refund for losses after the 60 days.If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend time periods. If our records show that there are still available funds on your Prepaid Account in excess of applicable fees (including customer service and mailing fees), and you have not completed the registration and verification process for a Reloadable Prepaid Account, then you must complete the registration process as described above under "Conditions for Reloadable Google® MasterCard® PayPass® Prepaid Account, Money Network® Enabled" (including by providing the required identifying information as described above under "Important Information about Reloadable Prepaid Account Verification Process") in order to be refunded any amounts remaining on your Prepaid Account, less any applicable fees. If your Prepaid Account has previously been registered as a Reloadable Prepaid Account, the value currently loaded to your Prepaid Account will be the available balance in your Prepaid Account at the time it is refunded to you, plus the amount of any transactions we determine to be unauthorized, less the amount of any applicable fees.
If we (or any third party using or providing any product, service or benefit in connection with any accounts) do not complete a transfer to or from your Prepaid Account in time or in the correct amount according to this Agreement with you, we will be liable for your losses and damages caused by us, but only to the extent provided herein. However, there are some exceptions. We will not be liable, for instance:
LIMITATION OF LIABILITY
IN NO EVENT (EXCEPT AS SPECIFICALLY REQUIRED BY LAW) SHALL BANK, MONEY NETWORK, GOOGLE, MASTERCARD, RETAILERS OR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS OR SERVICE PROVIDERS, BE LIABLE FOR: (A) DAMAGES ARISING FROM OR RELATING TO THE PRODUCTS AND SERVICES PROVIDED HEREIN (INCLUDING, WITHOUT LIMITATION, YOUR PREPAID ACCOUNT) OR THIS AGREEMENT BEYOND THE SUM OF FIVE HUNDRED DOLLARS ($500) (IN ADDITION TO REMITTING TO YOU YOUR BALANCE, IF ANY); OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU CAN OBTAIN A HIGHER LIABILITY LIMIT BY CONTACTING CUSTOMER SERVICE AND PAYING AN ADDITIONAL FEE. THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED EXCEPT BY A WRITING SIGNED BY US.
No Warranty Regarding Goods and Services or Uninterrupted Use
We, and any other third party using or providing any product, service or benefit in connection with any accounts including but not limited to, third parties who market or provide services, are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Prepaid Account. From time to time the Prepaid Account service may be inoperative, and when this happens, you may be unable to use your Prepaid Account or obtain information about your balance. Please notify us if you have any problems using your Prepaid Account. You agree that we are not responsible for any interruption of service.
You may not transfer your rights or obligations under this Agreement. We may transfer our rights under this Agreement. Use of your Prepaid Account is subject to all applicable rules and customs of the MasterCard and any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected and shall remain in full force and effect. The Prepaid Account is issued by Bank pursuant to licenses from MasterCard. This Agreement will be governed by the laws of the State of South Dakota except to the extent governed by federal law, irrespective of the choice-of-law provisions of any state. Nevertheless, if we are served garnishments, summons, subpoenas, orders or legal processes of any type, we are entitled to rely on the representations therein and may comply with them in our own discretion without regard to jurisdiction.
Amendment, Cancellation and Suspension; Survival
We may amend or change the terms of this Agreement at any time with cause. You will be notified electronically 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 Prepaid Account or this Agreement at any time with cause. You will be notified electronically of any change in the manner provided by applicable law prior to the effective date of the change. You may cancel this Agreement (except as expressly provided elsewhere in this Agreement) by calling Customer Service and following all instructions provided, including providing all requested information. If you request a balance refund check, we will immediately cancel your Prepaid Account and if permitted by applicable law, we will mail a balance refund check to you for the amount of the funds remaining on your Prepaid Account less the amount of any applicable fees. You will be required to complete our verification process if you have not done so prior to requesting a balance refund check. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, the Liability and Dispute Provisions.
Information about Your Right to Dispute Errors
If you think your transaction history or receipt is wrong or if you need more information about a transfer listed on your transaction history or receipt, as soon as you can, call us or write to Customer Service at the address below. You must contact Customer Service no later than 60 days after the earlier of the date you electronically access your Prepaid Account transaction 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 Customer Service or writing to Customer Service at the address set forth below. You will be charged the fee for receiving each written transaction history you receive as set forth above. 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. For errors involving new Prepaid Accounts, point-of-sale or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. We will tell you the results within three business days after completing our investigation. If we decide there was no error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation.
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.
Money Network collects your Personal Information through the Google Wallet when you open an account, deposit money and make purchases. We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. The Google® MasterCard® PayPass® Prepaid Account, Money Network® Enabled is not directed at persons under the age of 18.
What information does Money Network collect?
"Personal Information" you provide to us which may include:
Where will my Personal Information be disclosed?
Our policies limit access to Personal Information to companies who are subject to our contractual requirements for safeguarding Personal Information. By supplying Personal Information to the Prepaid Account via the Google Wallet, you consent to your Personal Information being transferred across national borders to Money Network and the other companies who assist us with this Prepaid Account.
The companies we may send Personal Information to may include:
Why will my Personal Information be disclosed to others?
How will Money Network protect Personal Information?
Money Network employs appropriate measures to protect your Personal Information against unauthorized access, disclosure, alteration or destruction. These measures may include encryption, physical access security and other appropriate technologies. Money Network reviews and enhances its security systems as necessary.
How can I get more information?
You can get more information on Money Network and this product by calling Customer Service at (855) 896-0693.
For questions regarding the use of your Personal Information and to opt-out of certain disclosures where allowed by law, you can call the Money Network Privacy Office at (888) 337-0434 or email us at DataPrivacyOffice@firstdata.com.
ARBITRATION PROVISION AND WAIVER OF TRIAL BY JURY (a) YOU SHOULD READ THIS ARBITRATION PROVISION AND WAIVER OF TRIAL BY JURY ("ARBITRATION PROVISION") CAREFULLY. YOU AND WE HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT OR HAVE A JURY TRIAL ON ANY CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE PROCEDURES OF THE NATIONAL ARBITRATION FORUM ("NAF"), JUDICIAL ARBITRATION AND MEDIATION SERVICES ("JAMS") OR AMERICAN ARBITRATION ASSOCIATION ("AAA"), AS APPLICABLE (THE "PROCEDURES"), EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN FOR A SMALL CLAIM. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. (b) Definitions: As used in this Arbitration Provision, the term "Claim" means any claim, dispute or controversy between you and us in any way arising from or relating to your Prepaid Account or this Agreement, including, without limitation: (i) the validity, enforceability or scope of this Arbitration Provision or the Agreement; and (ii) the amount of available funds on the Prepaid Account. The term "Claim" is to be given the broadest possible meaning that will be enforced and includes claims of every kind and nature. "Claim" does not include any challenge to the validity and effect of the Class Action Waiver; which must be decided by a court. As used in this Arbitration Provision, the terms "we" and "us" shall mean Bank, Money Network, Google, MasterCcard and their respective subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, "we" or "us" shall include any other third party using or providing any product, service or benefit in connection with any Prepaid Accounts (including, but not limited to, merchants who accept or sell the Prepaid Account, third parties who market or provide services and all of their agents, employees, directors and representatives) if, and only if, any such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. The meaning of other previously defined terms remains unchanged. (c) Upon election of either party, the Claim shall be resolved by binding arbitration pursuant to this Arbitration Provision and the procedures of NAF, JAMS or AAA, as selected by the party electing to use arbitration. NAF can be contacted at: National Arbitration Forum, 1-800-474-2371, www.adrforum.com. JAMS can be contacted at: Judicial Arbitration and Mediation Services, 1-888-352-5267, www.jamsadr.com. AAA can be contacted at: American Arbitration Association, 1-800-778-7879, www.adr.org. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select either of the other organizations listed to serve as arbitrator administrator. You may contact us for instructions on how to obtain copies of any of these organizations' procedures. (d) Notwithstanding anything to the contrary in this Arbitration Provision, either party may file and pursue a Claim in a small claims court or the equivalent court of your state or municipality ("Small Claim"), but the Claim must proceed only on an individual basis and not in a representative capacity or class action. The Claim may proceed as a Small Claim only so long as that Claim is not transferred or appealed to a different court, in which case either party may elect arbitration. (e) Class Action Waiver: No Claim submitted to arbitration is heard by a jury or may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration ("Class Action Waiver"). The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or found unenforceable, then the parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. Any Claim resolved by arbitration shall be arbitrated on an individual basis by a single arbitrator. (f) Location of Arbitration / Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence at the time the claim is filed. At your written request, we will consider advancing and/or reimbursing any arbitration filing fee, or administrative and hearing fees that you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will ultimately be responsible for paying those fees. If you file a Claim against us, in no event will you be required to reimburse us for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Except as provided by substantive law, each party shall bear its own attorney's, expert's and witness fees, which shall not be considered costs of arbitration. (g) This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16 (the "FAA"). The arbitration shall be governed by the applicable Procedures, except that this Arbitration Provision shall control if it is inconsistent with the applicable Procedures. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely written request of either party, shall provide a detailed written explanation of the basis for the decision. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision will be final and binding, except as provided by the FAA. (h) Continuation: This Arbitration Provision shall survive termination of your Prepaid Account and this Agreement. If any portion of this Arbitration Provision is deemed invalid or unenforceable it shall not invalidate the remaining portions of this Arbitration Provision or the Agreement, except as provided for in paragraph (e) above.
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