Cardholder Agreement

Spend Plus™ Prepaid MasterCard® Cardholder Agreement and Disclosure Statement IMPORTANT -- PLEASE READ CAREFULLY     1. Terms and Conditions for the SpendPlus Prepaid MasterCard® program: This document constitutes the agreement ("Agreement") outlining the terms and conditions under which the SpendPlus Prepaid MasterCard program has been issued to you. By accepting and using this Card, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement, "Card" means the SpendPlus Prepaid MasterCard issued to you by Monterey County Bank. "Card Account" means the records we maintain to account for the value of claims associated with the Card. "You" and "your" means the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. "We," "us," and "our" mean Monterey County Bank, Monterey California, our successors, affiliates or assignees. The Card will remain the property of Monterey County Bank and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. Please read this Agreement carefully and keep it for future reference. 2. Definitions: The Card is a Prepaid Card. The Card allows you to access funds you place on the Card. The Card does not constitute a checking, savings or other bank account and is not connected in any way to any other account you may have. The Card is not a credit card. You will not receive any interest on your funds on the Card. By signing the back of this Card, loading value, and/or conducting transactions on this Card you agree to the terms of this Agreement. The Expiration date of this Card will be indicated on the Card. 3. Using Your Card: You cannot use the enclosed card to transfer money into or out of your account until we have validated it. If you do not want to use the card, please (destroy it at once by cutting it in half). Card Activation: You must have a minimum balance of $25 USD loaded onto your card prior to activation. Upon receipt of your Card, you must activate the Card by calling (866) 766-4514 or by visiting www.spendplus.com. Authorized Users: You may request an additional Card for another person. You may also permit another person to have access to your Card or Card number. However, if you do, you are liable for all transactions made with the Card or Card number by those persons. You must notify us to revoke permission for any person you previously authorized to use your Card. You are responsible for all transactions and fees incurred by you or any other person you have authorized. If you tell us to revoke another person's use of your Card, we may revoke your Card and issue a new Card with a different number. You are wholly responsible for the use of each Card according to the terms of this Agreement. Each cardholder and visitor to the www.spendplus.com site agrees to these terms and conditions, as amended from time to time. If you do not agree to these terms and conditions, please do not use www.spendplus.com or the SpendPlus Prepaid MasterCard. In order to become a cardholder, you must be an individual who can lawfully enter into and form contracts under applicable law. By participating in the SpendPlus Prepaid MasterCard program, you warrant factual representation of the required information, including, but not limited to, your real name, valid US mailing address and residential address (if different), social security number, age, and telephone number are accurate. If you falsify, misrepresent, or fail to provide requested information, we may cancel your SpendPlus Prepaid MasterCard. In addition, funds tied to potentially illicit or illegal activity may be subject to both internal and potentially Federal investigation, which may delay their immediate access. 4. Returns and Refunds: If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds. The amounts credited to your Card for refunds may not be immediately available. While merchant refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs. 5. Foreign Transactions: If you obtain your funds (or make a purchase) in a currency other than the currency in which your Card was issued, the amount deducted from your funds will be converted by MasterCard into an amount in the currency of your Card. MasterCard will establish a currency conversion rate for this convenience using a rate selected by MasterCard from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate MasterCard itself receives, or the government-mandated rate in effect for the applicable central processing date, in each instance, plus or minus any adjustment determined by the Issuer. 6. Receipts: You should get a receipt at the time you make a transaction or obtain cash using your Card. You agree to retain your receipt to verify your transactions. 7. Periodic Statements: A continuously updated account statement, in electronic format, is available on the SpendPlus website www.spendplus.com. The statement will be made available free of charge and regardless of whether or how often you use your account. You may choose to have a paper statement mailed to you. However, there is a fee for this service. Refer to "Fees and Charges" below for details regarding this fee. 8. Card Limits: For security reasons, there are limits on the amount and number of transactions you can make using our Card. Loads/Deposits: Personal Load/Deposit amount limits are subject to the method used. The minimum load amount required to activate or reload your card is $25; the maximum amount you may load per day is $999. You may load/deposit additional funds onto the Card. You may only load up to $2,500 cash onto your card in a week. The maximum total Card balance may not exceed $10,000. Any personal loads/deposits which cause the balance to exceed $10,000 will be rejected or returned to the Cardholder. You may only load your card using cash or Direct Deposit from your employer. Purchases/Withdrawals: These limits are based on the limits set by 1. Loads/Deposits and are limited to your current available balance. 2. Local ATMs may enforce transactional or daily withdrawal limits that are set by the ATM owner. Transaction Limits: You may use your Card to make purchases up to $2,500 per transaction. You may use your Card to make ATM withdrawals up to $300 per transaction. You may use your Card to make a total of 10 ATM & POS transactions in a 24 hour period. Daily Limits: You may use your Card to make purchases up to $2,500 per day. You may use your Card to make ATM withdrawals up to $500 per day. Balance Limits: The Minimum Balance required to activate your account is $25 USD. The Maximum Balance you may have on your card at any time is $10,000 USD. Other Limits & Restrictions: You may use your Card to make ATM withdrawals up to the total balance of your card; however, you are restricted to $500 per day and no more than $300 per transaction, as stated above. 9. Confidentiality: We may disclose information to third parties about your Card or the transactions you make: (a) where it is necessary for completing transactions; (b) in order to verify the existence and condition of your Card for a third party, such as merchant; (c) in order to comply with government agency, court order, or other legal reporting requirements; (d) if you give us your written permission, or; (e) to our employees, auditors, affiliates, service providers, or attorneys as needed. 10. Our Liability for Failure to Complete Transactions: In no event will we be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages. We will not be liable, for instance: (a) if, through no fault of ours, you do not have enough funds available on your Card to complete the transaction; (b) if a merchant refuses to accept your Card; (c) if an ATM where you are making a cash withdrawal does not have enough cash; (d) 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; (f) if access to your Card has been blocked after you reported your Card lost or stolen; (g) if there is a hold or your funds are subject to legal process or other encumbrance restricting their use; (h) if we have reason to believe the requested transaction is unauthorized; (j) if circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; (k) any other exception stated in our Agreement with you. 11. Your Liability for Unauthorized Transfers: Tell us AT ONCE if you believe your Card has been lost or stolen, or if you believe that a transaction has been made without your permission using information from your Card. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Card Account. If you tell us within 2 business days after you learn of the loss or theft of your Card, you can lose no more than $0 if someone used your Card without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card, and we can prove we could have stopped someone from using your Card without your permission if you had told us, you could lose as much as $50. Also, if your statement shows transfers that you did not make, including those made by Card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If your Card has been lost or stolen, we will close your Card to keep losses down. We reserve the right to investigate any claim you may make with respect to a lost or stolen Card, and you agree to cooperate with such investigation. If you believe your Card has been lost or stolen, call: (866) 766-4514 or (480) 282-9546 or write: Card Services, SP; Attn: Lost/Stolen Dept., PMB 271, 14700 N. Frank Lloyd Wright Blvd., #157, Scottsdale, AZ 85260 You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your Card without your permission. 12. Other Terms: Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of California except to the extent governed by federal law. 13. Amendment and Cancellation: We may amend or change the terms of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement if you call (866) 766-4514 or (480) 282-9546, follow the procedures set forth in the "Request Funds" section found at www.spendplus.com, or send a cancellation request to Card Services, SP: Attn: Cancellation Request, PMB 271, 14700 N. Frank Lloyd Wright Blvd., #157, Scottsdale, AZ 85260. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. 14. Information About Your Right to Dispute Errors: In case of errors or questions about your Card transactions, call (866) 766-4514 or (480) 282-9546 or write to: Card Services, SP Attn: Customer Service, PMB 271, 14700 N. Frank Lloyd Wright Blvd., #157, Scottsdale, AZ 85260 If you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt contact Customer Service immediately. You must contact us no later than sixty (60) days after electronic statement becomes available on which the problem or error appeared. Provide your name and Card number (if any); Describe the error or the transaction you are unsure about, and explain why you believe it is an error or why you need more information; Provide the dollar amount of the suspected error. If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Card. For errors involving new Cards, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. 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. 15. Telephone Monitoring/Recording: Card Services may monitor and/or record telephone calls to assure the quality of our customer service or as required by applicable law. 16. 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. 17. Arbitration: (a) Purpose: This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court. (b) Definitions: As used in this Arbitration Provision, the term "Claim" means any claim, dispute or controversy between you and us arising from or relating to the Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreements. "Claim" includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term "Claim" is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Card, or the Cards of any Additional Cardholders designated by you; (ii) the amount of Available Funds on the Cards; (iii) advertisements, promotions or oral or written statements related to the Cards, goods or services purchased with the Cards; (iv) the benefits and services related to the Cards; and (v) your enrollment for any Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court. As used in the Arbitration Provision, the terms "we" and "us" shall for all purposes mean the Bank, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, "we" or "us" shall include any third party using or providing any product, service or benefit in connection with any Cards (including, but not limited to merchants who accept the Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms "you" or "yours" shall mean all persons or entities approved by us to have and/or use a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all Additional Cardholders. (c) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either the National Arbitration Forum ("NAF"), Judicial Arbitration and Mediation Services ("JAMS"), or the American Arbitration Association ("AAA"), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select either of the other organizations listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) the NAF at P.O. Box 50191, Minneapolis, MN 55404; website at http://www.arbitration-forum.com/; (ii) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at http://www.jamsadr.com/; (iii) AAA at 335 Madison Avenue, New York, NY 10017; website at http://www.adr.org/. (d) Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE NAF, JAMS, OR AAA, AS APPLICABLE (THE "CODE"). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. (e) Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator's authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator's authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. (f) Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of Northern California Judicial District. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification. (g) Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party's notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party's submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant's written notice. The decision of the panel shall be by majority vote and shall be final and binding. (h) Continuation: This Arbitration Provision shall survive termination of your Card as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity. 18. Privacy Notice: Protecting your privacy is an extremely high priority for Monterey County Bank, our employees, and our Board of Directors. While servicing your accounts, we use technology to manage and maintain customer information. In doing so, we nevertheless understand the sensitive nature of your private and personal information; therefore, to assure you of our continuing privacy and confidentiality efforts, we observe these practices and procedures. Confidentiality and Security of Nonpublic Personal Information: We restrict access to nonpublic personal information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal standards to guard your nonpublic personal information. Nonpublic Personal Information We Collect: We collect nonpublic personal information about you from the following sources: • Information we receive from you on applications or other forms • Information about your transactions with us, our affiliates, or others • Information we receive from a consumer reporting agency. Nonpublic Personal Information We Disclose: We do not disclose nor do we reserve the right to disclose, any nonpublic personal information about our customers or former customers to anyone, except to other nonaffiliated third parties as permitted by law.