Netspend® Visa® Prepaid Card

Cardholder Agreement
TABLE OF CONTENTS
1. INTRODUCTION (INCLUDING DEFINITIONS)
2. OPENING A CARD ACCOUNT (IDENTITY VERIFICATION);
REGISTRATION/ACTIVATION
3. DEDUCTION OF FEES
4. BUSINESS DAYS
5. ADDRESS OR NAME CHANGES
6. AUTHORIZED USERS/SECONDARY CARDHOLDERS
7. PERSONALIZED CARDS
8. PERSONAL IDENTIFICATION NUMBER
9. CASH ACCESS
10. LOADING YOUR CARD ACCOUNT
11. USING YOUR CARD ACCOUNT/LIMITATIONS
12. VIRTUAL ACCOUNT
13. DIGITAL CARD
14. PURCHASE CUSHION
15. PREAUTHORIZED DEBITS AND CREDITS
16. FRAUDULENT OR CRIMINAL CARD ACCOUNT ACCOUNT
ACTIVITY
17. RETURNS AND REFUNDS
18. CARD REPLACEMENT
19. TRANSACTIONS MADE IN FOREIGN CURRENCIES AND/OR
WITH MERCHANTS LOCATED IN FOREIGN COUNTRIES
20. RECEIPTS
21. CARD ACCOUNT BALANCE/PERIODIC STATEMENTS
22. CONFIDENTIALITY
23. OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS
24. INFORMATION ABOUT YOUR RIGHT TO DISPUTE ERRORS
25. LOST OR STOLEN CARDS/UNAUTHORIZED TRANSFERS
26. MISCELLANEOUS
27. SUSPENSION, AMENDMENT, AND CANCELLATION
28. DELIVERY OF ELECTRONIC COMMUNICATIONS
29. ENGLISH LANGUAGE CONTROLS
30. CUSTOMER SERVICE
31. TELEPHONE CALLS: CALLING, MONITORING AND
RECORDING
32. NO WARRANTY REGARDING GOODS AND SERVICES
33. LEGAL PROCESS
34. JURY TRIAL WAIVER
35. ARBITRATION

List of all fees associated with your Netspend® Visa® Prepaid Card

All fees Amount Details

Get started
For initial card purchase. No fee
Card purchase Up to $9.95 for cards acquired online or via the
mobile app.
Per Purchase
Signature or
PIN Purchase
Per signature or PIN purchase
Transaction Fee $2.00
transaction.
(domestic or
international)

Add money
Per load. Fee is determined and
assessed by the operator of
Netspend Reload Network location
Cash reload Up to $3.95
and varies depending on location.
This is a third-party fee and is subject
to change.

Get cash
Per withdrawal. You may also be
charged a fee by the ATM operator.
ATM withdrawal In the U.S., you can avoid ATM fees
Fee (domestic $2.00 if you select “DEBIT” and enter your
or international) PIN to get cash back when making
purchases at many retailers, such as
grocery stores.

Per withdrawal. Fee may be

either a flat fee or a percentage
Up to the
OTC of the withdrawal amount. Fee
greater of
Withdrawal Fee is determined and assessed by
2.75% of the
at a Netspend operator of Netspend Reload
withdrawal
Reload Network Network location and varies
amount or
Location depending on location and amount
$4.00
of cash withdrawn. This is a third-
party fee and is subject to change.

Information
Customer
No fee for calling customer service
Service
$0 (automated or live agent), including
(automated or
for balance inquires.
live agent)

ATM balance
inquiry Per inquiry. You may also be charged
$1.00
(domestic or a fee by the ATM operator.
international)

Using your card outside the U.S.

Per foreign transaction. Calculated
based on the U.S. dollar amount of
Foreign
the purchase transaction or cash
Transaction 4.0%
withdrawal. Charged in addition to
Surcharge
any applicable per purchase fee or
ATM withdrawal fee.
 Transferring Money
Per any outgoing money transfer
$3.00 per from your Account initiated through
transaction a third-party service such as Venmo,
of $20.00 CashApp, Paypal, WesternUnion or
Money Transfer
or more; other similar money transfer services.
Service Fee
$1.50 per Fee charged in addition to any
transaction of applicable per purchase transaction
under $20.00 fee. The service provider may also
charge additional fees.

1.5% of the
Per transfer from your Card Account
transfer
Debit Card to your debit card at another financial
amount,
Transfer Fee institution. No fee for inbound
Minimum
transfers.
$2.95

Card Orders
Additional or
Per additional card or replacement
Replacement $3.00
card requested.
Card Fee

Expedited Card Delivery Fee is

charged in addition to Additional
Expedited Card
$25.00 or replacement Card Fees when
Delivery Fee
this service is requested. No fee for
standard delivery.

Other
For processing and mailing of
a return of funds check at Card
Account closure. Refund checks
are not issued for balances of less
than $1.00. If your Card Account
Check Request balance will be reduced to less
$15.00
Fee than $1.00 after the Check Request
Fee is debited, the Check Request
Fee will be waived. See “Withdraw
Cash” above for alternative options
to remove the funds from your Card
Account.

Per month. Fee applies if there are

funds in the Card Account and the
Card Account has had no activity, i.e.,
Inactivity Fee $5.95
no purchases; no cash withdrawals;
and no load transactions for sixty (60)
days.

Register your Card for FDIC insurance eligibility and other protections.
Your funds will be held at Pathward®, National Association, an FDIC-
insured institution, or placed by Pathward, N.A. as custodian at one
or more participating FDIC-insured banks (each a “Program Bank”).
Once there, 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 by the FDIC, if specific deposit
insurance requirements are met and your Card is registered. See
www.fdic.gov/deposit/deposits/prepaid.html for details.
No Overdraft/Credit Feature
Contact Ouro by calling 1-737-220-8967, by mail at P.O. Box 2136,
Austin, TX 78768-2136, or visit www.netspend.com or the mobile app to
learn more about the terms and conditions of your prepaid account.
For general information about prepaid accounts, visit
www.cfpb.gov/prepaid. If you have a complaint about a prepaid account,
call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit
www.cfpb.gov/complaint.

CARDHOLDER AGREEMENT;
IMPORTANT - PLEASE READ CAREFULLY
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION
REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING
ARBITRATION. THE FEES ASSOCIATED WITH THE USE OF THIS CARD
ACCOUNT ARE LISTED AT THE BEGINNING OF THIS DOCUMENT
UNDER THE HEADING “LIST OF ALL FEES ASSOCIATED WITH YOUR
NETSPEND VISA PREPAID CARD” (HEREINAFTER REFERRED TO IN
THIS CARDHOLDER AGREEMENT AS THE “FEE SCHEDULE”). THIS
CARD MUST BE SUCCESSFULLY ACTIVATED AND REGISTERED IN
ORDER TO BE USED. FOR DETAILS, SEE THE “OPENING A CARD
ACCOUNT (IDENTITY VERIFICATION); REGISTRATION/ACTIVATION”
TERMS BELOW.
FOR QUESTIONS OR ASSISTANCE, PLEASE CALL THE CUSTOMER
SERVICE TELEPHONE NUMBER 1-737-220-8967 PRINTED ON THE
BACK OF YOUR CARD.

1. INTRODUCTION
Terms and Conditions/Definitions for the Netspend Visa Prepaid
Card Program.
This document constitutes the agreement (“Agreement”) outlining the
terms and conditions under which the Netspend Visa Prepaid Card,
Netspend Visa Virtual Account, and the Digital Card have been issued by
Pathward, National Association. “Card Account” means the records we
maintain to account for the transactions made using your Card, Virtual
Account, Digital Card, or Account Number, and includes these access
devices along with any PIN, Password, and any other code or device
we make available for use in accessing your Card Account. “Account
Number” means the 14-digit number used to identify your Card Account.
“Card” means the Netspend Visa Prepaid Card issued to you by Pathward,
N.A., and includes Cards held by Primary Cardholders and Secondary
Cardholders “Card Number” is the 16-digit number embossed on your
Card. “Digital Card” (as further described in the section labeled “Digital
Card”) means an access device issued to you by Pathward, N.A., that
may be used when connecting your Card Account to a third -party
digital wallet. “Virtual Account” (as further described in the section
labeled “Virtual Account”) means a temporary access device issued to
you by Pathward, N.A., that you may elect to obtain to access your Card
Account for telephone or online transactions, without needing to present
your Card. “Issuer,” “we,” “us,” “Bank,” and “our” means Pathward, N.A.,
Member FDIC, and our successors, affiliates, or assignees. “Ouro” refers
to Ouro Global Inc., the servicer for the Netspend Visa Prepaid Card
Program and Netspend Visa Virtual Account program, and its successors,
affiliates, or assignees. Any request for a Card or Virtual Account will be
processed by Ouro, acting on behalf of the Issuer, at its offices located
in Austin, Texas. Ouro is an Independent Sales Organization pursuant to
an agreement with the Issuer. “You” and “your” mean the person(s) who
have received the Card and are authorized to use the Card as provided
for in this Agreement. “Cardholder” and “Primary Cardholder” refer
to the person who submits an initial request for the Card. “Secondary
Cardholder” refers to the person(s) who have received the Card at the
request of the Primary Cardholder and are authorized to use the Card
as provided for in the section labeled “Authorized Users/Secondary
Cardholders.” In order to become a Primary Cardholder or a Secondary
Cardholder, you must be an individual who can lawfully enter into and
form contracts under applicable law in the state in which you reside.
Unless it would be inconsistent to do so, words and phrases used in this
Agreement should be construed so that the singular includes the plural
and the plural includes the singular. “Online Account Center” or “OAC”
means the website or mobile app through which you may request,
register, obtain information regarding, and otherwise manage, your Card
Account. Please note: Message and data charges may apply from your
wireless service provider when using the OAC.
You acknowledge and agree that the value available in your Card Account
is limited to the funds that you have loaded into your Card Account or
have been loaded into your Card Account on your behalf. By activating
or loading your Card Account, you agree to be bound by the terms
and conditions contained in this Agreement, including the Inactivity
Fee and other fees listed in the Fee Schedule. You and any Secondary
Cardholder(s) agree to sign the back of each respective Card(s)
immediately upon receipt.
The expiration date of your Card is identified on the front of the Card. The
expiration date of any Virtual Account you have requested is described
below in the section labeled “Virtual Account.” The Card is a prepaid
card. The Card is not a gift card, nor is it intended to be used for gifting
purposes. The Card is not a credit card. The Card is not for resale. You
are the direct beneficiary of the funds loaded to your Card Account. The
funds in your Card Account will be FDIC insured upon receipt by the
Issuer, provided your Card is Registered with us (for more information,
see the section labeled “Opening a Card Account (Identity Verification);
Registration/Activation”). You will not receive any interest on your funds
in your Card Account. The Card will remain the property of the Issuer and
must be surrendered upon demand. The Card Account is nontransferable
and may be canceled, repossessed, or revoked at any time without prior
notice subject to applicable law. The Card Account is not designed for
business use, and may be closed 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 or applicable law.
Your Card Account does not constitute a checking or savings account
and is not connected in any way to any other account, except as
described in the sections labeled “Virtual Account” and “Digital Card” or
as may otherwise be indicated in any other account agreements you have
entered into with us.
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. OPENING A CARD ACCOUNT (IDENTITY
VERIFICATION); REGISTRATION/ACTIVATION
You will need to provide personal information in order for us to verify
your identity and the identity of any Secondary Cardholder (“Register”).
Both the Primary Cardholder and Secondary Cardholder, if applicable,
must Register and activate the Card before it can be used. To be eligible
to activate your Card Account as a Primary Cardholder, you represent
and warrant that: (a) you are at least 18 years of age; (b) the personal
information that you provide to us is true, correct, and complete; and (c)
you have read this Agreement and agree to be bound by, and comply
with, its terms.
Online Registration Required: You will be required to sign up for online
access and Register and activate your initial Card via the mobile app
or online at www.netspend.com. You will be required to provide a valid
email address and consent to delivery of electronic communications in
order to process the Registration and activation of your Card Account.
Important information for opening a Card Account: To help the federal
government fight the funding of terrorism and money laundering
activities, the USA PATRIOT Act requires us 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 your government ID
number. We may also ask to see your driver’s license or other identifying
information. Card activation and identity verification are required before
you can use the Card Account. If your identity is partially verified or if you
do not register your Card, full use of the Card Account will be restricted,
but you may be able to use the Card for purchase transactions and
telephone balance inquiries. Restrictions include no ATM withdrawals,
international transactions, account-to-account transfers, additional loads,
or the general use of the Card Account or any of its features until your
register the Card. Use of Card Account is also subject to fraud prevention
restrictions at any time, with or without notice. Residents of the State of
Vermont are ineligible to open a Card Account.
You may Register and activate your Card by visiting the OAC . You must
set a Personal Identification Number (“PIN”) to activate your Card (see the
section labeled “Personal Identification Number”). If you do not Register
and activate your Card and your Card Account remains inactive for sixty
(60) days after it is first loaded, we will begin to assess the Inactivity Fee
listed in the Fee Schedule.
After your Card Account is opened, we may again ask to see a copy of
your driver’s license or other identifying documents at any time if we
deem it necessary to verify your identity, address, or transactions on
your Card Account. Additionally, use of certain Card Account features or
services may be subject to additional identity verification requirements.
These measures are specifically designed to help us protect your identity
and identify possible fraud on your Card Account. If we ask for specific
identifying documents, we will have the right to immediately close or
suspend your Card Account if those specific documents are not provided.
Pathward, N.A., will act as custodian of your funds upon its receipt of
your funds. Once you activate your Card, you will be able to provide
Pathward, N.A., as custodian, with instructions about the funds accessible
through your Card Account. Activation of your Card authorizes us to
hold your funds at Pathward, N.A., or as custodian to place your funds at
one or more participating FDIC-insured banks (each a “Program Bank”).
Visit www.pathward.com/programbanks to find the most up-to-date
list of Program Banks. If you do not agree to your funds being held by
us at Pathward, N.A., or placed by Pathward, N.A., as custodian at other
Program Banks, please immediately transfer or spend all the funds in
your Card Account or contact Customer Service above to cancel your
Card 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 indirect 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. For more information, see also
https://www.fdic.gov/deposit/deposits/prepaid.html.

3. DEDUCTION OF FEES
All of the fees associated with your Card Account are listed in the Fee
Schedule. All fee amounts will be withdrawn from your Card Account,
except where prohibited by law. NOTE: Fees assessed to your Card
Account balance may be collected in partial or in full, and may bring
your Card Account balance negative if your Card Account balance is
less than the fee amount being assessed or if your Card Account balance
is already negative. If that occurs, any subsequent deposits or loads into
your Card Account will first be applied to the negative balance.
Refund Policy: The Card Purchase Fee is not refundable. Please call
Customer Service with questions about our refund policy.

4. BUSINESS DAYS
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.

5. ADDRESS OR NAME CHANGES

You are responsible for notifying us of any change in your name, physical
address, mailing address, email address, phone number, or Netspend’s
Anytime AlertsTM short message service (“Anytime Alerts”) (typically
referred to as an “SMS” message; standard text message and data rates
may apply) address, no later than two (2) weeks after said change. Any
notice of change of address or name required by this Agreement may
be provided to us via email at customerservice@netspend.com or by
telephone at 1-737-220-8967. Requests for address or name changes
may be subject to additional verification requirements.
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.
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 Card Account information
to such individual.

6. AUTHORIZED USERS/
SECONDARY CARDHOLDERS
You are responsible for all authorized transactions initiated and fees
incurred by use of your Card Account. If you permit another person
to have access to your Card Account, 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.
The Primary Cardholder may add an authorized Secondary Cardholder to
the Card Account and may request an additional Card embossed in the
name of the Secondary Cardholder. The maximum number of Secondary
Cardholders is two (2). Any transactions initiated by the Secondary
Cardholder are subject to the limits described in this Agreement and
to the fees on the fee plan selected by the Primary Cardholder. The
Secondary Cardholder may not request a Virtual Account, Digital Card,
or initiate transfers to another Cardholder or Card Account. The Primary
Cardholder is liable for any and all usage of the Card Account by any
Secondary Cardholder you authorize.
You must not share or provide your Card Account details to any person.
You must notify us immediately in the event you revoke permission for
any person you previously authorized to use your Card Account, including
any Secondary Cardholders, so that we may take appropriate action for
the protection of your funds, up to and including cancelling your Card or
closing your Card Account. You are wholly responsible for the use of the
Card Account according to the terms and conditions of this Agreement.

7. PERSONALIZED CARDS
For Cards acquired inside a retail location: (1) The Card included with
the initial card package materials will not have your name on it. Once you
activate the Card, it will be activated under the name you provide at the
time of activation and can be used to make transactions anywhere Visa
Debit Cards are accepted. (2) You may receive a Card with your name
printed on the front (a “personalized Card”). If you do not automatically
receive a personalized Card, or request one during activation, you
may request your initial personalized Card for no fee by calling
1-737-220-8967.
For Cards not acquired at a retail location: The Card included with the
initial card package materials will be a personalized Card.
You, and any Secondary Cardholder, must activate and Register a Card
before it can be used (see the section labeled “Opening a Card Account
(Identity Verification); Registration/Activation”).
There may be a fee for shipping additional or replacement Cards
requested after your initial personalized Card has been activated. See the
Fee Schedule for more information about the fees.

8. PERSONAL IDENTIFICATION NUMBER

You must set a PIN when you activate your Card. A PIN can be used
to obtain cash (see the section labeled “Cash Access”) or to make
purchases at any Point-of-Sale (“POS”) device that bears the Visa®, Plus®,
or PULSE® acceptance mark. 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, including a
Secondary Cardholder, you should advise us immediately by following
the procedures described in the section labeled “Your Liability for
Unauthorized Transfers.”
To activate your Card, see the section labeled “Opening a Card Account
(Identity Verification); Registration/Activation.”

9. CASH ACCESS
With your PIN, and upon successful Registration, you may use your
Card to obtain cash from any ATM or any POS device, as permissible
by a Merchant, bearing the Visa, Plus, or PULSE acceptance mark. ATM
transactions are treated as cash withdrawal transactions. Any cash
withdrawn from an ATM terminal, POS device, or through a participating
bank or Netspend Reload Network location (an “Over-the-Counter Cash
Withdrawal”), will be subject to the limitations set forth in the section
below labeled “Using Your Card Account/Limitations.” ATM withdrawals
may also be subject to varying daily limits at the ATM owner’s discretion.
A fee may be associated with the use of your Card to obtain cash. See the
Fee Schedule for more information about the fee.

10. LOADING YOUR CARD ACCOUNT

Upon successful identity verification, you may add additional funds to
your Card Account, called “value loading,” subject to the limitations
described below. If you purchased your Card at a retail location, your
initial value load must be at least $10.00 (amount may vary by retailer).
The minimum dollar value of any subsequent value loads will be subject
to the terms established by the individual reload location (see (a) in the
following paragraph).
There is no limit on the number of times you may value load your Card
Account in a day, but the maximum cumulative amount of value loads
is currently $7,500.00 over any 24-hour period. When calculating
this maximum amount, Ouro will take into consideration all similar
transactions made with any other card account(s) you may have that are
serviced by Ouro, whether you are a Primary Cardholder or a Secondary
Cardholder, and regardless of the issuing bank. You may value load your
Card Account: (a) using in-store cash value load transactions conducted
through any member of the Netspend Reload Network (see below in
this section for more information about the network); (b) by arranging to
have all or a portion of your paycheck, government benefits payment, tax
refund, or other electronic funds transfer direct deposited to your Card
Account using the Automated Clearing House (“ACH”) system (“ACH
Deposit”). In order to receive ACH Deposit value loads you must provide
each of your payment providers with the Issuer’s routing number and
your assigned Account Number (see below for details about routing
information); (c) by arranging for the transfer of funds originating from: (i)
a financial institution located in the United States; (ii) another Cardholder;
and/or (iii) another Card Account. There may be fees associated
with these methods of value loading. See the Fee Schedule for more
information about the fees.
IMPORTANT: We may reject or suspend any ACH Deposit that is
submitted with a name that does not match the name that we have on
file for you. If you wish to receive ACH Deposits to your Card Account
from, for instance, the employer of another member of your household,
or U.S. Department of Treasury payments (including joint tax refunds), you
must add that household member to your Card Account as a Secondary
Cardholder (see the section labeled “Authorized Users/Secondary
Cardholders”), and they must have an active Card in their name.
We will not accept any checks, money orders, or cash mailed to us for
deposit, or any inbound wire transfers to your Account Number. We are
not liable for any checks, money orders, or cash mailed to us. All checks,
money orders, or cash sent to the Issuer for Card Account value loading
will be returned unless your Card Account has a negative balance at the
time such check or money order is received, in which case the Issuer may
in its discretion choose to apply the check or money order proceeds to
the negative balance owed.
A Netspend Reload Network Location Finder service is available by
visiting www.loadnetspend.com; by enrolling in and using Anytime
Alerts (standard text message and data rates may apply); or by calling
1-737-220-8967.

11. USING YOUR CARD ACCOUNT/LIMITATIONS

Card Account Access: Subject to the limitations set forth in this
Agreement, you may use your Card to (1) withdraw cash from your Card
Account (see the section labeled “Cash Access”); (2) load funds to your
Card Account (see the section labeled “Loading Your Card Account”);
(3) transfer funds between your Card Accounts; (4) transfer funds from
your Card Account to another account serviced by Ouro; (5) purchase
or lease goods or services wherever Visa debit cards are accepted; and
(6) arrange recurring or one-time transfers using services made available
through eligible third-party service providers. Some of these services may
not be available at all terminals. You may also use your Virtual Account or
Digital Card to purchase or lease goods or services or make payments
by telephone or online, without presenting your Card (see the sections
labeled “Virtual Account” and “Digital Card”). When you use your Virtual
Account or Digital Card without presenting your Card, the legal effect
will be the same as if you used the Card itself. You must first Register your
Card with us before you can request a Virtual Account or Digital Card
(see the section labeled “Opening a Card Account (Identity Verification);
Registration/Activation”. There may be fees associated with some of these
transactions. See the Fee Schedule for more information about the fees.
Limitations on frequency and dollar amounts of transfers: For security
reasons, we may suspend your ability to make transactions or further
limit the type, amount, or number of transactions you can make with your
Card Account. Ouro will determine the maximum cumulative amount of
your value loads and of your Card Account by aggregating the activity
and value of all card accounts you may have that are serviced by Ouro,
whether you are a Primary Cardholder or a Secondary Cardholder, and
regardless of the issuing bank.

Maximum
Transfer Type Frequency and Number
Amount
Per transaction; subject to lower
$325.00 limits imposed by ATM owner-
operator.
ATM Withdrawals
Maximum withdrawal amount per
$940.00
day.

Over-the-Counter
$5,000.00 Per transaction.
Cash Withdrawals
PIN-based
or Signature-
$5,000.00 Per transaction.
based Purchase
Transactions

Per rolling twenty-four (24) hour

$7,500.00
Value Loads – POS period.
Locations
$15,000.00 Per rolling thirty (30) day period.

We will review ACH Deposits that

may result in the value of your Card
Account exceeding the stated
Maximum Card maximum value. If we determine
$15,000.00
Account Value the ACH Deposit is valid, we may
permit the value of your Card
Account to exceed the stated
maximum value.

Per day, incoming or outgoing;

$1,500.00
maximum of four (4) transfers.

Per rolling seven (7) day period,

Account-to- $2,500.00 incoming or outgoing; maximum
Account Transfer of ten (10) transfers.

Per rolling thirty (30) day period,

$3,500.00 incoming or outgoing; maximum
of forty (40) transfers.

Transfers made
through the
use of third-
party services
(including, but Limit and frequency of transfers
not limited to, varies based on service selected;
bill payment and Varies please see third-party service
funds transfer terms and conditions for limits
service providers) specific to the service selected.
and transfers
between your
Card and a third
party

Each time you use your Card Account, you authorize us to reduce the
value available in your Card Account by the amount of the transaction
and any applicable fees. You may not exceed the available amount in your
Card 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 qualified for Purchase Cushion coverage. If you do
not qualify for the Purchase Cushion (as defined in more detail below),
and any transaction(s) exceeds the balance of the funds available in your
Card Account, you shall remain fully liable to us for the amount of the
transaction(s) and any applicable transaction fee(s). You agree to pay
us promptly for the negative balance. If you have not added sufficient
funds to your Card Account to cover the negative balance within sixty
(60) days of its creation, we have the right to cancel your Card 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 Card Account(s) you may have with us. In all instances described
above, loads to your Card Account may be made via direct deposit or any
of the other load methods described in this Agreement.
If you do not have enough funds available in your Card Account, you
can instruct the Merchant to charge a part of the purchase to the Card
and pay the remaining amount with cash or another card. These are
called “split transactions.” Some Merchants do not allow cardholders to
conduct split transactions. 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 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 Merchant may preauthorize the transaction 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 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 and replaced by the
actual amount of your purchase. 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.
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.
You may not use your Card Number or the Issuer’s routing number and
your assigned Account Number in connection with the creation and/or
negotiation of any financial instruments, such as checks, which we have
not authorized.
Your Card cannot be redeemed for cash. You may not use your Card
Account for illegal online gambling or any other illegal transaction.
You do not have the right to stop payment on any purchase or payment
transaction originated by use of your Card Account, except as otherwise
permitted in this Agreement. If you authorize a transaction and then fail to
make a purchase of that item as planned, the approval may result in a hold
(see the section labeled “Returns and Refunds,” in addition to previous
information addressed in this section).
If your Card Account has not had any activity for sixty (60) days, we will
begin to assess the Inactivity Fee listed in the Fee Schedule.
Non-Visa Debit Transactions
Procedures are in effect that may impact you when you use your Card at
certain merchant locations. In the past, transactions have been processed
as Visa debit transactions unless you entered a PIN. Now, if you do
not enter a PIN, transactions may be processed as either a Visa debit
transaction or as a PULSE transaction.
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 paragraph labeled “Your
Liability for Unauthorized Transfers” 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, swipe 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.

12. VIRTUAL ACCOUNT

To purchase or lease goods or services or make payments by telephone
or online without needing to provide your actual Card Number, the
Primary Cardholder may request up to six (6) active Virtual Accounts. By
opening a Card Account you acknowledge that we may automatically
create a Virtual Account on your behalf. Visit the OAC for instructions on
how to request or use a Virtual Account. Each Virtual Account consists of
a 16-digit account number, a 3-digit security code, and an expiration date.
Each Virtual Account expires one year from the last day of the calendar
month during which the Virtual Account was created. For example, if a
Virtual Account is created on March 24, 2024, its expiration date is
March 31, 2025.

13. DIGITAL CARD

This feature is not available for all programs. If available on your Card
Account, a Digital Card will be created when you use the mobile app
to request that we connect your Card Account as an access device, via
the Digital Card, to a third-party digital wallet. You will need to select a
separate PIN for the Digital Card. A maximum of one (1) Digital Card may
be connected to your Card Account at any time.
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. You will not be able to use the Digital
Card outside of the digital wallet to which it is added.

14. PURCHASE CUSHION

The Purchase Cushion is a special feature available exclusively to
Cardholders who have received qualifying direct deposits of paychecks
and/or government benefits payments totaling at least $500.00 within
one (1) calendar month. As described above in the section labeled
“Using Your Card Account/Limitations,” you generally do not have the
right to make transactions or incur fees in amounts exceeding the
available balance of your Card Account. We reserve the right to deny
any transaction if available funds in your Card 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 from time to time
approve purchase transactions that you request that create up to a
$10.00 negative balance in your Card Account. We refer to this feature
as the Purchase Cushion. You will not be assessed any fees for Purchase
Cushion coverage.
If you meet our eligibility requirements, we may authorize negative
balances resulting from PIN-based and signature-based transactions
initiated using your Card, Virtual Account, or Digital Card. Bill pay
transactions initiated through our third-party bill pay service providers are
not eligible for Purchase Cushion coverage, nor are ATM transactions or
ACH debit transactions initiated using the Issuer’s routing number and
your assigned Card Account number. You may receive only one (1) $10.00
negative balance allowance at a time. Negative balances are approved
at our discretion on a per transaction basis. It is important to keep track
of the value in your Card Account because it will be your responsibility to
determine if you have incurred a negative balance.
If you make a transaction that creates a negative balance in your Card
Account, you agree that within thirty (30) days of its creation you will add
sufficient funds to your Card Account to cover the negative balance so
that your Card Account has 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 balance, your Card Account will remain open to receive credits
and loads, which will automatically be applied to your negative balance
before they are available to you; however, you will not be able to make
any transactions using your Card Account until your Card Account has
a positive 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 balance, from any
other Card Account(s) you may have with us. In all instances described
above, loads to your Card Account may be made via direct deposit or any
of the other load methods described in this Agreement.
Should you voluntarily discontinue use of your Card, you shall remain
responsible for the negative balance in your Card Account and agree that
any credits or loads made to your Card will be used to offset the value of
the negative balance, if any.
You acknowledge that a negative balance in your Card Account does not
constitute a contractual open end line of credit. If we permit a negative
balance on one or more occasions, we do not thereby obligate ourselves
to permit a negative balance on any future occasion, and we may refuse
to pay a negative balance for you at any time, even though we may have
previously paid negative balances up to the $10.00 limit for you. We have
no obligation to notify you before we approve or decline a transaction
that would result in a negative balance in your Card Account. Items will be
approved or declined in the order they are received.

15. PREAUTHORIZED DEBITS AND CREDITS

Your assigned Account Number and the Issuer’s bank routing number
can be used for arranging both direct deposits and recurring payments
to merchants and internet service or other utility providers (“Merchants”).
You may also arrange for recurring payments to Merchants using your
Card Number or the bill pay services made available through our third-
party bill payment service providers.
If you have arranged to have ACH Deposits made to your Card Account
at least once every sixty (60) days from the same person or company, you
can call us at 1-866-387-7363 to find out whether or not the deposit has
been made.
Right to Stop Payment and Procedure for Doing So:
If you have arranged in advance to make regular payments from your
Card Account, you can stop any of these payments. Here’s how: Call us
at 1-866-387-7363 or write us at P.O. Box 2136, Austin, TX 78768-2136, in
time for us to receive your request 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 call. An oral stop payment request will cancel after fourteen (14)
days if a written request is not received.
You may contact the Merchant directly to request to stop a recurring
payment you have preauthorized to debit your Card Account.
Notice of Varying Amounts:
If these regular payments vary in amount, the person you are paying
should tell you, at least 10 days before each payment, when it will be
made and how much it will be.
Liability for Failure to Stop Payment of Preauthorized Transfer:
If you order us to stop one of these payments three (3) business days or
more before the transfer is scheduled, and we do not do so, we will be
liable for your losses or damages.

16. FRAUDULENT OR CRIMINAL CARD

ACCOUNT ACTIVITY
We reserve the right to block, suspend, or cancel your Card Account if,
as a result of our policies and processes, we detect what we reasonably
believe to be fraudulent, suspicious, or criminal activity or any activity
that is inconsistent with this Agreement. We may temporarily suspend
your Card Account in the event we detect unusual or suspicious account
activity. If we exercise this right, we will incur no liability to you because
of any resulting unavailability of the funds in your Card Account, or your
inability to use your Card Account.

17. RETURNS AND REFUNDS

If you are entitled to a refund for any reason for goods or services
obtained with your Card Account, you agree to accept credits to your
Card Account for such refunds and agree to the refund policy of that
Merchant. If you have a problem with a purchase that you made with
your Card Account, or if you have a dispute with the Merchant, you must
attempt to handle it directly with the Merchant. Merchant refunds in an
amount the same or less than the amount of the corresponding debit will
post to the Card 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 Card Account.

18 CARD REPLACEMENT
If you need to replace your Card for any reason, please contact us at
1-737-220-8967 to request a replacement Card. You will be required
to provide personal information that may include your Card Number,
full name, transaction history, and similar information to help us verify
your identity. There may be a fee for replacing your Card. See the Fee
Schedule for more information about the fee.

19. TRANSACTIONS MADE IN FOREIGN

CURRENCIES AND/OR WITH MERCHANTS
LOCATED IN FOREIGN COUNTRIES
If you obtain funds or make a purchase in a currency other than
the currency in which your Card Account was issued, or conduct a
transaction with a Merchant located outside the U.S., Puerto Rico, the U.S.
Virgin Islands, Guam, or the Marianas Islands (“Foreign Transaction”), the
transaction will be converted to U.S. dollars, and you will be charged a fee
equal to 4.0% of the total amount of the transaction in U.S. dollars. If you
make a Foreign Transaction, the amount deducted from your funds will
be converted by Visa U.S.A. Inc. (“Visa”) into an amount in the currency
of your Card Account. The exchange rate between the transaction
currency and the billing currency used for processing international
transactions is a rate selected by Visa from the range of rates available in
wholesale currency markets for the applicable central processing date,
which may vary from the rate Visa itself receives or the government-
mandated rate in effect for the applicable central processing date. If
the Foreign Transaction results in a credit due to a return, we will not
refund any Foreign Transaction Surcharge that may have been charged in
connection to your original purchase.

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

21. CARD ACCOUNT BALANCE/

PERIODIC STATEMENTS
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 1-866-387-7363 or by enrolling
in Anytime Alerts (standard text message and data rates may apply).
This information, along with a twelve (12) month history of account
transactions, is also available for no fee online at www.netspend.com or
through the mobile app
Statements in electronic format will also be made available in the OAC
for each month in which a transaction occurs. You will not automatically
receive paper statements (i.e., written history).
If your account is Registered with us, you have the right to obtain
at least twenty-four (24) months of written history of account
transactions by calling 1-866-387-7363 or by writing us at P.O. Box 2136,
Austin, TX 78768-2136. You will not be charged for the written history.

22. CONFIDENTIALITY
We may disclose information to third parties about your Card Account or
the transactions you make:
1) Where it is necessary for completing transactions;
2) In order to verify the existence and condition of your Card Account
for a third party, such as 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.
23. OUR LIABILITY FOR FAILURE TO COMPLETE
TRANSACTIONS
If we do not properly complete a transaction to or from your Card
Account on time or in the correct amount according to our Agreement
with you, we will be liable for your losses 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 in
your Card Account to complete the transaction;
2) If a Merchant refuses to accept your Card or access device;
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 Account has been blocked after you reported
your Card or 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) If we block, suspend, or close your Card Account as a result of our
reasonable suspicion of fraudulent, suspicious, or criminal activity or
activity that is inconsistent with this Agreement;
10) If we have requested documents to verify your identity, address, or
transactions on your Card Account, and you have not provided all
such requested documents; or
11) Any other exception stated in our Agreement with you.

24. INFORMATION ABOUT YOUR RIGHT TO

DISPUTE ERRORS
In case of errors or questions about your Card Account, telephone us at
1-737-220-8967, write to us at Ouro, P.O. Box 2136, Austin, TX 78768-2136,
or email us at customerservice@netspend.com as soon as you can, if
you think an error has occurred in your Card Account. We must allow
you to report an error until sixty (60) days after the earlier of the date you
electronically access your Card Account, if the error could be viewed
in your electronic history, or the date we sent the FIRST written history
on which the error appeared. You may request a written history of your
transactions at any time by calling us at 1-737-220-8967 or writing to us at
Ouro, P.O. Box 2136, Austin, TX 78768-2136.
In your error report, you will need to tell us:
1) Your name and Card Number;
2) Why you believe there is an error and the dollar amount involved; and
3) Approximately when the error took place.

If you tell us orally, we may require that you send us your complaint or
question in writing within ten (10) business days.
We will determine whether an error occurred within ten (10) business
days after we hear from you and will correct any error promptly. If we
need more time, however, we may take up to forty-five (45) days to
investigate your complaint or question. If we decide to do this, we will
provisionally credit your Card Account within ten (10) business days for
the amount you think is in error, so that you will have the money during
the time it takes us to complete our investigation. If we ask you to put your
complaint or question in writing and we do not receive it within ten (10)
business days, we may not provisionally credit your Card Account.
For errors involving transactions to or from the Card Account within thirty
(30) days after the first load to the account was made (“New Accounts”),
POS transactions, or foreign-initiated transactions, we may take up to
ninety (90) days to investigate your complaint or question. For New
Accounts, we may take up to twenty (20) business days to provisionally
credit your Card Account for the amount you think is in error.
We will tell you the results within three (3) business days after completing
the investigation. If we decide that there was no error, we will send
you a written explanation. You may ask for copies of the documents
that we used in our investigation. If you need more information about
our error-resolution procedures, call us at 1-737-220-8967 or visit
www.netspend.com or the mobile app.
Warning Regarding Unverified Prepaid Accounts
It is important to Register your Card Account as soon as possible. Until
you Register your Card Account and we verify your identity, we are
not required to research or resolve any errors regarding your Card
Account. To Register your Card Account, go to www.netspend.com, the
mobile app, or call us at 1-737-220-8967. We will ask you for identifying
information about yourself (including your full name, address, date of
birth, and government-issued identification number) so that we can verify
your identity (see the section labeled “Opening a Card Account (Identity
Verification); Registration/Activation”).
For disputes concerning the condition or receipt of goods or services
you purchased, we are not required to provide provisional credit or to
finalize the claim during the periods stated above.

25. LOST OR STOLEN CARDS/UNAUTHORIZED

TRANSFERS
Contact us AT ONCE if you believe your Card Account, or any associated
access device, has been lost or stolen or that an electronic funds
transfer has been made without your permission. Telephoning us at
1-737-220-8967 is the best way to minimize your possible losses. You
could lose all the money in your Card Account.
Your Liability for Unauthorized Transfers
If you notify us within two (2) business days after you learn of the loss
or theft of your Card Account or any associated access device, you can
lose no more than $50.00 if someone used your Card Account or any
associated access device 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 Account or any associated access device and we can prove that
we could have stopped someone from using your Card Account or any
associated access device without your permission if you had promptly
notified us, you could lose as much as $500.00. If your Card or PIN has
been lost or stolen, we will cancel your Card and issue you a new Card.
WE MUST ALLOW YOU TO REPORT AN ERROR OR AN UNAUTHORIZED
TRANSFER UNTIL SIXTY (60) DAYS AFTER THE EARLIER OF THE
DATE YOU ELECTRONICALLY ACCESS YOUR ACCOUNT, IF THE
UNAUTHORIZED TRANSACTION COULD BE VIEWED IN YOUR
ELECTRONIC HISTORY, OR THE DATE WE SENT THE FIRST WRITTEN
HISTORY ON WHICH THE UNAUTHORIZED TRANSFER APPEARED.
IF YOU DO NOT TELL US WITHIN THIS TIME PERIOD, YOU MAY NOT
GET BACK ANY MONEY YOU LOST AFTER THE SIXTY (60) DAYS IF
WE CAN PROVE THAT WE COULD HAVE STOPPED SOMEONE FROM
TAKING THE MONEY 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 FOR A
REASONABLE PERIOD.
Under Visa’s Zero Liability Policy, your liability for unauthorized Visa debit
transactions on your Card Account is $0.00 if you are not fraudulent or
negligent in the handling of your Card. This reduced liability does not
apply to un-Registered Cards or PIN transactions not processed by Visa.
You must notify us immediately of any unauthorized use.

26. MISCELLANEOUS
Your Card Account and your obligations under this Agreement may not
be assigned. We may transfer our rights under this Agreement. Use of
your Card Account is subject to all applicable rules and customs of any
clearinghouse or other network or 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 laws of the State of South Dakota except to the extent
governed by federal law.

27. SUSPENSION, AMENDMENT,

AND CANCELLATION
We may amend or change the terms and conditions of this Agreement at
any time without prior notice to you except as required by applicable law.
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. You may cancel this Agreement by returning the Card (if
applicable) to us. Your termination of this Agreement will not affect
any of our rights or your obligations arising under this Agreement prior
to termination.
We reserve the right to limit your use of your Card Account. We also may
cancel or suspend the use of your Card Account with or without cause or
notice, other than as required by applicable law.
In the event your Card Account is canceled, closed, or terminated for
any reason, so long as you used your Card Account in accordance with
the terms of this Agreement, you may request the unused balance to be
returned to you via a check to the mailing address we have in our records.
There is a fee for this service. For information about the fee, see the Fee
Schedule. We may not issue a refund check for any unused balance
amount less than $1.00.
In the event you wish to update your mailing address at the time your
Card Account is canceled, closed, or terminated for any reason or
thereafter, we may request specific documents to verify your identity and
address. Any unused balance on your Card Account may be withheld until
such documents are provided or until the funds escheat to the state in
accordance with applicable state law.
In the event any federal or state governmental agency, including the
Internal Revenue Service or Social Security Administration, requests the
return of funds deposited to your Card Account that originated from such
governmental agency, such funds may be remitted to the issuing agency
in lieu of returning such funds to you. In the event funds are remitted to
an issuing governmental agency, any effort by you to recoup such funds
must be directed to the governmental agency in question, and we will
have no liability to you for such funds.
For any remaining account balances, we will comply with unclaimed
property laws and appropriately engage in escheatment activities as
required by state law.

28. DELIVERY OF ELECTRONIC COMMUNICATIONS

Consent to delivery of electronic communications is required in order to
Register and activate your Card.

29. 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.

30. CUSTOMER SERVICE

For customer service or additional information regarding your Card
Account, please contact us at:
Ouro
P.O. Box 2136
Austin, Texas 78768-2136
1-737-220-8967
Customer Service agents are available to answer your calls:
Monday through Friday, 8 a.m. to 10 p.m. CT
Saturday and Sunday, 8 a.m. to 8 p.m. CT.
The Telephone Automated Service is available 24 hours a day.

31. TELEPHONE CALLS: CALLING, MONITORING

AND 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. You agree that we or our agents may
contact you at any telephone number you provide to us, including your
cell phone number, for any informational, non-telemarketing purpose
related to your Account. You agree to receive these calls via an automatic
telephone dialing system; messages, such as prerecorded or artificial
voice messages; or text messages sent via an automated texting system.
You understand your service provider may charge you for these calls/
messages.

32. NO WARRANTY REGARDING

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

33. 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.

34. 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 WILL NOT AFFECT OR
BE INTERPRETED AS MODIFYING IN ANY FASHION THE ARBITRATION
CLAUSE SET FORTH IN THE FOLLOWING SECTION.

35. 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.

Short
Question Further Detail
Answer
In arbitration, a neutral third-party
What is An alternative arbitrator (“Arbitrator”) solves Disputes
arbitration? to court in an informal hearing on an individual
basis.

The hearing is private. There is no

jury. It is usually less formal, faster, and
Is it different
less expensive than a lawsuit. Pre-
from court Yes
hearing fact finding is limited. Appeals
and jury trials?
are limited. Courts rarely overturn
arbitration awards.
 If you do not want this Arbitration
Clause to apply, you must send us a
signed notice within 60 calendar days
after you acquire the Card. You must
Can you opt
send the notice in writing (and not
out of this Yes, within 60
electronically) to our Notice Address.
Arbitration days
Provide your name, address, and Card
Clause?
number. State that you “opt out” of
the Arbitration Clause. Opting out will
not affect the other provisions of this
Agreement.

Unless prohibited by applicable law

The parties’ and unless you opt out, you and
What is this
agreement we agree that you or we may elect
Arbitration
to arbitrate to arbitrate individually or require
Clause about?
Disputes individual arbitration of any “Dispute”
as defined below.

This Arbitration Clause governs you

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

This Arbitration Clause governs all

“Disputes” that would usually be
decided in court and are between
us (or any Related Party) and you.
In this Arbitration Clause, the
word “Disputes” has the broadest
reasonable meaning. It includes all
claims even indirectly related to
your Card or this Agreement or the
relationships between you and us
and/or “Related Parties” resulting
therefrom, including, but not limited
to, initial claims, counterclaims, cross-
All Disputes
claims, third-party claims, and claims
(except
What Disputes based on any constitution, statute,
certain
does the regulation, ordinance, common
Disputes
Arbitration law rule (including rules relating to
about this
Clause cover? contracts, torts, negligence, fraud, or
Arbitration
other intentional wrongs), and equity.
Clause)
It includes claims that seek relief of
any type, including damages, and/
or injunctive, declaratory, or other
equitable relief. 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.
 Arbitrations are conducted under this
Arbitration Clause and the rules of
the arbitration administrator in effect
when the arbitration is started. The
arbitration administrator will be either:
• The American Arbitration
Association (“AAA”), 120
Broadway, 21st Floor, New York,
NY 10271, www.adr.org.
• Any other company picked by
Who agreement of the parties.
Usually AAA or
handles the If all the above options are unavailable,
JAMS
arbitration? a court with jurisdiction 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.

Either party may bring a lawsuit if

the other party does not demand
arbitration. Also, any individual claim(s)
by you or us in which the amount in
controversy (exclusive of attorneys’
fees and costs if applicable law
so provides) is properly within the
jurisdiction of a small-claims court
may be removed to small-claims court
at the election of the opposing party
by providing notice within 21 days of
receiving the arbitration demand from
the other party; however, if that action
is transferred, removed, or appealed
Can Disputes
Sometimes to a different court, a party may
be litigated?
elect arbitration.
Even if all parties have opted to
litigate a Dispute in court, you or we
may elect arbitration with respect to
any Dispute made by a new party or
any Dispute later asserted by a party
in that lawsuit or in any related or
unrelated lawsuit (including a Dispute
initially asserted on an individual basis
but modified to be asserted on a
class, representative, or multi-party
basis). Nothing in that litigation shall
constitute a waiver of any rights under
this Arbitration Clause.
 For Disputes that are arbitrated under
this Arbitration Clause, you and we
give up our rights to:
1) Have juries decide Disputes.
2) Have courts, other than small-
claims courts, decide Disputes.
3) Serve as a private attorney
general or in a representative
capacity in court or in arbitration.
Are you and 4) Join a Dispute that you, we,
we giving up Yes or Related Parties have with a
any rights? dispute that others have.
5) Bring or be a class member in
a class action in court or in a
class arbitration.
The Arbitrator shall have no
authority to conduct any arbitration
inconsistent with this section or to
issue any relief that applies to any
person or entity except you or us or
Related Parties individually.

The Arbitrator is not allowed to

handle any Dispute on a class or
Can you representative basis. All Disputes
or another subject to this Arbitration Clause must
consumer No be decided in an individual arbitration
start a class or an individual small-claims action.
arbitration? You may not pursue any type of
collective action or class action
against us in arbitration.

This Agreement and the Card

involve interstate commerce. Thus,
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. The Arbitrator is authorized
to award all remedies permitted by
The Federal applicable substantive law, including,
What law
Arbitration Act without limitation, compensatory,
applies?
(“FAA”) statutory and punitive damages
(subject to constitutional limits that
would apply in court), declaratory,
injunctive and other equitable relief,
and attorneys’ fees and costs. In the
event of any conflict or inconsistency
between this Arbitration Clause
and the administrator’s rules or the
Agreement, this Arbitration Clause will
govern.

This Arbitration Clause stays in

Will anything
force even if: (1) you or we end this
I do make this
Agreement; (2) we transfer or assign
Arbitration No
our rights under this Agreement;
Clause
or (3) a party files for bankruptcy (if
ineffective?
bankruptcy law permits).
Process.
Before starting a lawsuit or arbitration,
the complaining party must give
the other party written notice of the
Dispute. The notice must explain in
reasonable detail the nature of the
Dispute and any supporting facts. If
you are the complaining party, you
must send the notice in writing (and
What must Send a written not electronically) to our Notice
a party do Dispute notice Address. You or an attorney you have
before starting and work to personally hired must sign the notice
a lawsuit or resolve the and must provide your Card number
arbitration? Dispute and a phone number 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.

If the parties do not reach an

agreement to resolve the Dispute
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
How does an
Mailing a picks the administrator and follows
arbitration
notice the administrator’s rules. If one party
start?
begins or threatens a lawsuit, the
other party can demand arbitration.
This demand can be made in court
papers, such as a motion to compel
arbitration. Once an arbitration
demand is made, no lawsuit can be
brought and any existing lawsuit must
stop unless a court rules otherwise.

The Arbitrator may decide that an

in-person hearing is unnecessary
and that he or she can resolve a
Will any
Dispute based on written filings and/
hearing be Yes
or a conference call. However, any
held nearby?
in-person arbitration hearing must be
held at a place reasonably convenient
to you.

Appeal rights under the FAA are very

limited. The Arbitrator’s award will
What about
Very limited be final and binding. Any appropriate
appeals?
court may enter judgment upon the
Arbitrator’s award.
Arbitration Fees and Awards.
We will pay all filing, administrative,
hearing, and Arbitrator fees if you act
Who bears in good faith, cannot get a waiver of
arbitration Usually, we do such fees, and ask us to pay. We will
fees? always pay amounts required under
applicable law or the administrator’s
rules.

If you win an arbitration, we will pay

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

The Arbitrator can require you to

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

A party may request details from the

Can an award Arbitrator within 14 days of the ruling.
Yes
be explained? The Arbitrator will determine whether
to grant such request.
 If any portion of this Arbitration Clause
cannot be enforced, the rest of the
Arbitration Clause will continue to
apply, except in two instances. First,
if a court rules that the Arbitrator can
decide a Dispute on a class basis and
that ruling is not reversed on appeal,
then this entire Arbitration Clause
(except for this sentence) will be void.
Second, if a claim is brought seeking
public injunctive relief and a court
determines that the restrictions in
What happens this Arbitration Clause prohibiting
if a part of this the Arbitrator from awarding
Arbitration It depends relief on behalf of third parties are
Clause cannot unenforceable with respect to
be enforced? such claim (and that determination
becomes final after all appeals have
been exhausted), then the claim
for public injunctive relief will be
determined in court and any individual
claims seeking monetary relief will be
arbitrated. In such a case, the parties
will request that the court stay the
claim for public injunctive relief until
the arbitration award pertaining to
individual relief has been entered
in court. In no event will a claim for
public injunctive relief be arbitrated.

This Card is issued by Pathward, National Association, Member FDIC,

pursuant to a license from Visa U.S.A. Inc.
5501 S. Broadband Lane
Sioux Falls, SD 57108
1-737-220-8967
www.netspend.com
Certain products and services may be licensed under U.S. Patent Nos.
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