(i)                 Case-by-Case Delays.  In some cases, we will not make all of the funds that you deposit available to you as provided above such as a result of an emergency, a failure of computer or communications equipment.

(ii)              OFAC.  We are under no obligation to accept any item, ACH funds transfer, or other transaction for deposit to your Card Account or for collection, and we may refuse to cash or give value for any such item.  We may restrict access to any deposit credited to your Card Account that violates any laws of the United States including those giving rise to OFAC sanctions.

2.                  Split Transactions Using Your Physical Card.

When making a purchase from a merchant using your Physical Card, if you do not have enough value loaded on your Physical Card, you can instruct the merchant to charge a part of the purchase to the Physical 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.  Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash.  If you fail to inform the merchant that you would like to complete a split transaction before swiping your Physical Card, your Physical Card is likely to be declined.

3.                  Transactions Using Your Card Number.

You may initiate a transaction with your Virtual Card without presenting your Physical Card.  If you initiate a transaction with your Virtual Card and without presenting your Physical Card (such as for a mail order, internet or telephone purchase, or an ACH debit purchase), the legal effect will be the same as if you used the Physical Card.  A transaction using a Virtual Card will require you to use your Virtual Card CVV and expiration date.

4.                  Your Obligation for Negative Balance Transactions.

 Each time you initiate a Card transaction, you authorize us to reduce the funds available in your Card Account by the amount of the transaction and all associated fees.  You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions (creating a “negative balance”).  Nevertheless, if any transactions cause the balance in your Card Account to go negative, including any purchase transactions where the retailer or merchant does not request authorization, you shall remain fully liable to us for the amount of any negative balance and any corresponding transaction fees. We reserve the right to bill you for any negative balance or to recoup such negative balance from any other Card we have issued to you.  You agree to pay us promptly for the negative balance and any related fees.  We also reserve the right to cancel your Card Account and Card if you create one or more negative balances with your Card.

5.                  Business Days.

For purposes of these disclosures, our Business Days are Monday through Friday 8 a.m. – 8 p.m., excluding federal and legal banking holidays in the State of New York.

6.                  Authorization Holds.

You do not have the right to stop payment on any purchase transaction originated by use of your Card, other than a Recurring Transaction as described in the Section below titled “Recurring Transactions.”  When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance, and the merchant may estimate its final value.  When you use your Physical Card to obtain cash at an ATM or from a bank teller, we will authorize the transaction in advance (including all applicable fees).  When we authorize a purchase transaction, we commit to make the requested funds available when the transaction finally settles and we will place a temporary hold on your Card Account funds for the amount indicated by the merchant.  If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds.  Car rentals, hotels and other service-oriented merchants may choose to factor in additional amounts upon check-in, and it may take up to 60 days after your stay or your rental to have any excess amounts held by the hotel or rental company added back to your available balance.  Similarly, some gas stations may factor in additional amounts to cover potential filling of the tank; if you want to avoid such a hold, you may want to pay inside the gas station, instead of paying at the pump. Until the transaction finally settles, the funds subject to the hold will not be available to you for other purposes.  We will only charge your Card Account for the correct amount of the final transaction, and we will release any excess amount to your available balance when the transaction finally settles.

When you use your Card at certain restaurants and service-oriented merchants, there may be an additional 20% (or more) added to the authorization to cover any tip you may leave on the purchase.  If this occurs, and your total bill, after adding in the additional 20% (or more), exceeds the amount available on your Card Account, your transactions may be declined.  Accordingly, you should ensure that your Card Account has an available balance that is 20% (or more) greater than your total bill before using your Card. 

7.                  Recurring Transactions.

If you intend to use your Card for recurring transactions, you should monitor your balance and ensure you have funds available in your Card Account to cover the transactions.  “Recurring transactions” are transactions that are authorized in advance by you to be charged to your Card Account at substantially regular intervals.  We are not responsible if a recurring transaction is declined because you have not maintained a sufficient balance in your Card Account to cover the recurring transaction.  If these recurring transactions may vary in amount, the person you are going to pay should tell you, 10 days before each payment, when it will be made and how much it will be.  (You may choose instead to get this notice, only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)  If you receive electronic deposits of federal payments to your Card Account or if you have told us in advance to make regular payments (i.e., recurring transactions) from your Card Account, you can stop the payment by notifying the Program Manager using your Mobile App, by writing the Program Manager, Bambu Systems, LLC, at P.O. Box 171 West Palm Beach, FL 33402 or by calling the Customer Service telephone number which is (833) 882-2628, in time for us to receive your request at least 3 Business Days or more before the scheduled date of the transfer.  If you call, we also may require you to put your request in writing and get it to us within 14 days after you call.  If you order us to stop one of these payments 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.  If you have authorized a merchant to make the recurring transaction, you also should contact the applicable merchant in order to stop the recurring transaction.

8.                  Preauthorized Credits.

If you have arranged to have direct deposits made to your Card Account at least once ever sixty (60) days from the same person or company, you can view your balance using the Mobile App or call the Customer Service telephone number which is (833) 882-2628 to find out whether or not the deposit was made.

9.                  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 Account for such refunds.  You are not entitled to a check refund unless your Card Account has been closed.  The amounts credited to your Card Account for refunds may not be available for up to 5 days from the date the refund transaction occurs.  If you or such other person or the applicable merchant experiences any problem or difficulty with such refund transaction, use your Mobile App to contact the Program Manager or call the Customer Service telephone number which is (833) 882-2628.

10.              Account and Card, Cancellation and Suspension.

We reserve the right, in our sole discretion, to limit your use of the Card Account or Card, including limiting or prohibiting specific types of transactions.  We may refuse to open an Card Account or issue a Card, revoke a Card, terminate Card Account privileges or cancel your Card Account or Card with or without cause or notice, other than as required by applicable law.  If you would like to cancel the use of your Card Account or Card, you may do so by calling Customer Service at (833) 882-2628 or emailing the Program Manager at customercare@mybambu.com.  You agree not to use a revoked, canceled, suspended, terminated or otherwise invalid Card or Card Account or an expired Card.  Our cancellation of Card Account or Card privileges will not otherwise affect your rights and obligations under this Agreement.  If we cancel or suspend your Card or Card Account privileges through no fault of yours, you will be entitled to a refund as provided below in the Section below titled “Amendment and Cancellation of Your Physical Card.”  Not all services described in this Agreement are available to all persons or at all locations. We reserve the right to limit, at our sole discretion, the provision of any such services to any person or in any location.  Any offer of a service in this Agreement shall be deemed void where prohibited.  We can waive or delay enforcement of any of our rights under this Agreement without losing them.  We are under no obligation during or after termination to pay from uncollected funds or insufficient funds available, or from funds subject to court order.  

You have authority to terminate the Card Account and Card unilaterally without cause.  You may close your Card Account at any time by emailing the Program Manager at customercare@mybambu.com or calling Customer Service at (833) 882-2628.  Receipt of notice is necessary to effect termination, but termination may become effective at the time notice is given.  Your obligation for any Card Account deficiency is not extinguished when the Card Account is closed, whether or not we initiate termination.  Subject to applicable law we will refund to you available funds in your Card Account we close.  If you do not perform any financial transactions for 12 months or more and there is no balance on your Card Account, we may close your Card Account.  If you would like to reopen your Card Account you may contact Customer Service and we will provide a replacement Card Account.

If you cancel your Card or Card Account, you may zero out your Card Account balance before closing your Card Account.  If you do not zero out your Card Account we will send you a check in the amount of your Card Account balance when you close your Card Account, which we will do for no charge as set forth in the accompanying “Schedule of Fees and Charges (Schedule A)” attached to this Agreement.  If your Card Account is canceled by us when your Card Account has a balance, we will send you a check in the amount of your Card Account balance for no charge.  In all events, any check we send to you will be sent to the address we have for you in our records.

11.              International Transactions.

Any transaction initiated on a Card in a currency or country other than the currency or country in which the Card was issued will be subject to a fee on the transaction (including credits and reversals) as set forth in the “Schedule of Fees and Charges (Schedule A)” attached to this Agreement.  This fee is in addition to the currency conversion rate.  If you effect a transaction with your Card in a currency other than US Dollars, Visa will convert the charge into a US Dollar amount.  The Visa currency conversion procedure includes use of either a government mandated exchange rate, or a wholesale exchange rate selected by Visa.  The exchange rate Visa uses will be a rate in effect on the day the transaction is processed.  This rate may differ from the rate in effect on the date of purchase or the date the transaction was posted to your Card Account.  In addition, if you obtain your funds in a currency or country other than US Dollars, the Program Manager may increase the currency conversion rate up to an additional 3% of the transaction amount and will retain this amount as compensation for the Program Manager’s services.  This charge is independent of and in addition to the currency conversion rate established by Visa.

12.              Receipts.

You should get or request a receipt at the time you make a transaction or obtain cash using your Physical Card.  You agree to retain your receipts to verify your transactions.  You can access your transaction history using the Mobile App, and obtain a receipt at the time you use an ATM terminal.

13.              Obtaining Balance and Transaction Information for Your Account; Periodic Statements Alternative.

You should keep track of the amount of funds available in your Card Account.  You may obtain information about the amount of funds you have remaining in your Card Account by using the Mobile App or calling Customer Service at (833) 882-2628.  This information, along with a history of all of your account transactions since your Card Account was opened, is also available in the Periodic Statements in the Mobile App.  A 24-month written history of your Periodic Statements account transactions in a permanent format is available to you by email after you request it by using the Mobile App, emailing us at customercare@mybambu.com, calling Customer Service at (833) 882-2628, or by writing the Program Manager, Bambu Systems, LLC, at P.O. Box 171 West Palm Beach, FL 33402.  The Customer Service phone number appears on the back of the MyBambu Prepaid Visa® Card.  You will not be charged a fee for this information.

14.              Confidentiality.

We and the Program Manager may disclose information to third parties about your Card Account, the Card or the transactions you make using your Card Account or Card: (i) where it is necessary for completing transactions; (ii) in order to verify the existence of your Card Account and Card and existence and condition of your Card for a third party, such as a credit bureau or merchant; (iii) in order to comply with government agency, court order or other legal reporting requirements; (iv) if you give us your written permission; (v) in connection with collection of indebtedness or to report losses incurred by us, (vi) to our and the Program Manager’s employees, auditors, affiliates, service providers or attorneys as needed; or (vii) as otherwise provided in our Privacy Policy Notice below.

15.              Our Liability for Failure to Complete Transactions.

If we do not complete a transfer 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 direct damages. However, there are some exceptions.  We will not be liable, for instance: (1) if, through no fault of ours or of the Program Manager, 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 provide cash back; (3) if an ATM where you are making a cash withdrawal does not have enough cash; (4) if an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction; (5) if access to your Card has been blocked after you reported your Card or Access Code(s) (“Access Code” includes your user ID(s), password(s), PIN(s), and any other access code or credential related to your Card Account) 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 or the Program Manager have reason to believe the requested transaction is unauthorized; (8) if circumstances beyond our or the Program Manager’s control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we or the Program Manager have taken; or (9) for any other exception stated in our Agreement with you.

16.              In Case of Errors or Questions about your Account or Card.

IF YOU THINK AN ERROR HAS OCCURRED IN YOUR CARD ACCOUNT OR CARD, YOU HAVE QUESTIONS ABOUT YOUR CARD ACCOUNT OR CARD, OR YOU THINK YOUR STATEMENT, TRANSACTION HISTORY OR RECEIPT IS WRONG OR IF YOU NEED MORE INFORMATION ABOUT A TRANSFER LISTED ON THE TRANSACTION HISTORY OR RECEIPT PROMPTLY CALL CUSTOMER SERVICE AT (833) 882-2628, WRITE TO THE PROGRAM MANAGER, BAMBU SYSTEMS, LLC, AT P.O. BOX 171 WEST PALM BEACH, FL 33402 AS SOON AS YOU CAN, OR EMAIL THE PROGRAM MANAGER AT CUSTOMERCARE@MYBAMBU.COM AS SOON AS YOU CAN.

We will allow you to report an error until 60 days after the earlier of the date you electronically access your Card Account or Card, if the error could be viewed in your electronic history, or the date we sent the FIRST electronic history on which the error appeared.  You may request an electronic history of your transactions at any time by calling the Customer Service telephone number which is (833) 882-2628, writing the Program Manager, Bambu Systems, LLC, at P.O. Box 171 West Palm Beach, FL 33402 or by writing the Program Manager at customercare@mybambu.com.  You will need to tell us: (1) your name and Card Account or 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 will require that you send your complaint or question in writing within 10 Business Days.  We will determine whether an error occurred within 10 business days (five business days for Visa Point of Sale Signature unauthorized debit transactions, unless the dispute resolution team determines an exceptional basis exists, in which case Visa allows an additional five Business Days in which to provide the provisional credit) after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to 45 days to investigate your complaint or question.  If we decide to do this, we will provisionally credit your Card Account within 10 Business Days (five Business Days for Visa Point-of Sale Signature unauthorized debit transactions, unless the dispute resolution team determines an exceptional basis exists, in which case Visa allows an additional five business days in which to provide the provisional credit) for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation.  If we ask you to put your complaint or question in writing and you do not provide it within 10 Business Days, (five Business Days for Visa Point-of Sale Signature unauthorized debit transactions) we may not credit your Card Account.  For errors involving a new Card or Card Account (that is, an new Card Account for which the initial deposit or value load occurred within the last 30 days), POS transactions, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question.  For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three Business Days after completing the investigation.  If we decide that there was no error, we will send you a written explanation and debit your Card Account for the amount of the provisional credit.  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 the Customer Service telephone number which is (833) 882-2628, write the Program Manager at P.O. Box 171 West Palm Beach, FL 33402 or email us at customercare@mybambu.com.

17.              Lost or Stolen Cards/Unauthorized Transfers.

If you believe your Physical Card, Access Codes, including your Card PIN has been lost or stolen, email the Program Manager at customercare@mybambu.com, call the Program Manager at (833) 882-2628 or write to the Program Manager, Bambu Systems, LLC, at P.O. Box 171 West Palm Beach, FL 33402.  You also should email us, call the number or write to the address shown here if you believe an electronic transfer has been made using the information from your Card, Card Account or Access Code including your Card PIN without your permission.

18.              Your Liability for Unauthorized Transfers.

You agree to exercise reasonable control over the information related to your Card Account, including your Card, Access Codes, including Card PIN.  Tell us AT ONCE if you believe your Physical Card, Access Codes, including Card PIN has been lost or stolen.  Also, if your transaction history shows transfers that you did not make, including those made with your Card, Card Number or Account Number, or you believe an electronic transfer has been made without your permission, tell us at once.  The best way to keep your losses down is by emailing the Program Manager at customercare@mybambu.com, calling the Program Manager at (833) 882-2628 or writing to the Program Manager at P.O. Box 171 West Palm Beach, FL 33402.  You could lose all of the money in your Card Account.  If you tell us within two business days after you learn of the loss or theft of your Card, you can lose no more than $50.00 if someone used your Card without your permission.  If you do NOT tell us within two business days after you learn of the loss or theft of your Card, and we can prove that we could have stopped someone from using your Card without your permission if you had told us, you could lose as much as $500.00.  If you do not tell us within 60 days after the earlier of the date you electronically access your Card Account or the date we sent the FIRST written history on which the error appeared, 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.

Visa’s Zero Liability Policy.  In addition to the limitations on liability described above, you will not be liable for unauthorized use that occurs after you notify us of the loss, theft or unauthorized use of your Card, Access Codes, including Card PIN. You also agree to cooperate completely with us in attempts to recover funds from unauthorized users and to assist in their prosecution.  We may issue a replacement Card and Card PIN, but only after you have provided such proof and security or indemnification as we may require.  In addition, you acknowledge that we may have to deactivate your Card and/or Card Account to prevent future losses.  If you share your Card, Access Codes, including Card PIN with another person, use of your Card Account by that person may be considered as authorized.  If you authorize another person to use your Card, Access Codes, including PIN, you agree that you will be liable for all transactions arising from use of the Card, Access Codes, including Card PIN by such person except as otherwise set forth in this Agreement. In all cases, our liability for an unauthorized transaction is limited to reimbursing you for the face amount of the unauthorized transaction and any corresponding fees, except as otherwise required by applicable law.  A transaction is unauthorized if it is not initiated by you, you did not give permission to make the transaction and you do not benefit from the transaction in any way.  Visa’s Zero Liability policy covers U.S.-issued cards only and does not apply to ATM transactions outside the Visa and PLUS networks, PIN transactions not processed by Visa, or certain commercial card transactions.  Cardholder must notify us promptly of any unauthorized use.

19.              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 Account and Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions.  We do not waive our rights by delaying or failing to exercise them at any time.  Except as set forth in the Arbitration Provision, if any provision of this Agreement is determined to be invalid or unenforceable under any rule, law or regulation of any governmental agency whether local, state or federal, the validity or enforceability of any other provision of this Agreement shall not be affected.  THIS AGREEMENT SHALL BE GOVERNED BY THE LAW OF THE STATE OF NEW YORK  EXCEPT TO THE EXTENT PREEMPTED OR GOVERNED BY FEDERAL LAW.

20.              Amendment and Cancellation of Your Physical Card. 

We may amend or change the terms and conditions of this Agreement at any time.  We will not apply any amendments to changes to the Arbitration Provision to any arbitration that is pending at the time of the amendment or change.  You will be notified of any change in the manner provided by applicable law before 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 your Physical Card by calling Customer Service at (833) 882-2628 or emailing at customercare@mybambu.com.  If you cancel your Card Account or Card, you may zero out your Card Account balance by using your Card Account or Card or before cancelling your Card Account of Card or request that we send you a check in the amount of your Card Account balance when you close your, which we will do without charge as set forth in the “Schedule of Fees and Charges (Schedule A)” attached to this Agreement. If your Card Account or Card is canceled by us when your Card Account has a balance, we will send you a check in the amount of your Card Account balance for no charge.  In all events, any check we send will be sent to the address we have for you in our records. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement before termination.

21.              Telephone Monitoring/Recording Calls and Messages to Mobile Phones.

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. We may use automated telephone dialing and electronic mail to provide communications and to contact you about transactions and other important information regarding this Agreement or your relationship with us. Telephone messages may be played by a machine automatically when the telephone is answered whether answered by you, someone else or a voicemail or answering machine. You authorize us to call any telephone number you have given us or you give to us in the future and to play prerecorded messages with information about the Agreement over the phone. You also give us permission to communicate such information to you by e-mail. You understand that, when you receive such calls or e-mails, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services. You agree that we will not be liable to you for any fees, inconvenience, annoyance, or loss of privacy in connection with such calls or e-mails. You understand that anyone with access to your telephone, answering machine or email account may listen to or read the messages, notwithstanding our efforts to communicate only with you. This authorization is part of our bargain concerning your use of the prepaid card subject to this Agreement and we do not intend it to be revocable. However, to the extent we are required by applicable law to allow you to revoke your consent to these automatic reminders, you may do so by  calling Customer Service at (833) 882-2628, or by writing the Program Manager, Bambu Systems, LLC, at P.O. Box 171 West Palm Beach, FL 33402.

22.              No Warranty Regarding Goods and Services; Disclaimer of Warranties. 

We are not responsible for the quality, safety, legality or any other aspect of any goods or services you purchase with your Card Account or Card.  EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT OR REQUIRED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD ACCOUNT OR CARD, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

23.              Arbitration Provision.

This Arbitration Provision sets forth the circumstances and procedures under which Claims (as defined below) shall be arbitrated instead of litigated in court upon the election of either party. 

YOU MAY REJECT THIS ARBITRATION PROVISION BY SENDING US A WRITTEN NOTICE WHICH GIVES YOUR NAME, ADDRESS, EMAIL ADDRESS, AND EACH CARD OR CARD ACCOUNT NUMBER WITH A STATEMENT THAT YOU REJECT THE ARBITRATION PROVISION.  THE REJECTION NOTICE MUST BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO PROGRAM MANAGER, BAMBU SYSTEMS, LLC, AT P.O. BOX 171 WEST PALM BEACH, FL 33402, ATTN: ARBITRATION REJECTION NOTICE.  A REJECTION NOTICE MUST BE SIGNED BY YOU AND RECEIVED BY US WITHIN 45 DAYS AFTER THE DATE THE DATE YOU RECEIVE THE FIRST CARD ISSUED UNDER THIS AGREEMENT. REJECTION OF ARBITRATION WILL NOT AFFECT ANY OTHER TERM OF THIS AGREEMENT.

(a)       Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us, or between you and Bambu Systems, LLC  as Program Manager for the MyBambu Prepaid Visa® Card or any of its agents, contractors or retailers, arising from or relating to the Card, Card Account 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 or any of the foregoing. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims, claims based upon contract, tort, fraud and other intentional torts, consumer rights, statutes, regulations, ordinances, common law and equity, and claims which arose before the date of this Agreement. 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 Card Account; (ii) the amount of available funds on the Card Account; (iii) advertisements, promotions or oral or written statements related to the Card or Card Account, or goods or services purchased with the Card or the Card Account; (iv) the benefits and services related to the Card or the Card Account; (v) data breach or privacy claims arising from or relating directly or indirectly to our disclosure of any non-public personal information about you; (vi) collection of any debt and the manner of collection; and (vii) your enrollment for your Card.  We shall not elect to use arbitration under the Arbitration Provision for any individual 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 that court; any Claim that is appealed, transferred or removed from that court shall be subject to arbitration.  Also, “Claim” does not include disputes about the validity, enforceability, coverage, or scope of this Arbitration Provision or any part thereof; all such disputes are for a court and not an arbitrator to decide.  Notwithstanding the foregoing, the term “Claim” includes any dispute about the validity or enforceability of this Agreement as a whole; any such Claim is for the arbitrator, not a court, to decide.  Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any Claim later asserted by a party in that or any related or unrelated lawsuit (including a Claim 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 Provision.  As solely used in this Arbitration Provision, the terms “we” and “us” shall for all purposes mean the Bank, the Program Manager, 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 your Card or Card Account (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 or Card Account, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional cardholders.

            (b)       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 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 thirty (30) days after you receive notice of our election to select the other organization 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) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 120 Broadway, Floor 21, New York, NY 10271; website at www.adr.org.  If both JAMS and the AAA are unable to serve as administrator and we cannot agree on a replacement, a court with jurisdiction will appoint the administrator or arbitrator.

(c)       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 JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, NEITHER YOU NOR WE WILL 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. THE ARBITRATOR SHALL NOT CONDUCT A CLASS, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ARBITRATION.  THE ARBITRATOR SHALL NOT JOIN OR CONSOLIDATE CLAIMS 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.

(d)       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 or private attorney general 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.  This section of this Arbitration Provision is the “Class Action Waiver.”  (Special procedures apply to Claims that seek public injunctive relief, as set forth below).

(e)       Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence.  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 individual 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.

(f)        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 this Arbitration Provision shall control if it is inconsistent with the applicable Code or with other provisions of this Agreement.  The arbitrator will be selected under the administrator’s rules, except that the arbitrator must be a lawyer with experience in the subject matter of the Claim or a retired judge, unless you and we agree otherwise in writing.

The arbitrator shall apply the applicable substantive law, consistent with the FAA, that would apply if an individual matter had been brought in court.  The arbitrator may award any damages or other relief of remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable, and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim).  The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the administrator’s rules or applicable law.  The arbitrator shall apply 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 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 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, if the amount in controversy exceeds, $50,000, 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 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 arbitration pursuant to its Code and issue its decision within 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 except for any appeal rights under the FAA.

(g)       No Preclusive Effect: No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision.

(h)       Continuation and Severance: This Arbitration Provision shall survive cancellation, suspension, revocation or termination of your Card, Card Account or this Agreement 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 held to be invalid or unenforceable, 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 except that: (A) If the Class Action Waiver is declared unenforceable in a proceeding between you and us with respect to a Claim that does not seek public injunctive relief, and that determination becomes final after all appeals have been exhausted, this entire Arbitration Provision (except for this sentence) shall be null and void in such proceeding; and (B) If a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver and/or elsewhere in this Arbitration Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim, and that determination becomes final after all appeals have been exhausted, 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 class-wide or public injunctive relief be arbitrated.

24.              Delivery of Electronic Communications. 

The following E-Communication Disclosure (“Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your Card Account and any related products and services (“Communications”), to the extent you have consented to receiving such Communications electronically and failure to consent will result in a declined application for a MyBambu Prepaid Visa Card, except as provided below. 

(a)              Scope of Communications to Be Provided in Electronic Form.  When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below.  Your consent to receive electronic Communications includes, but is not limited to:

• All legal and regulatory disclosures and communications associated with your Card Account and any related products or services
• Your Agreement and any notices about a change in terms to it
• All disclosures, notices and other communications regarding transactions you make through your Mobile App
• Disclosures, agreements, notices and other information related to the opening or initiation of a Card Account, product or service including, but not limited to, your Agreement, fee schedules or other disclosures or notices that may be required by the Electronic Fund Transfer Act, the Gramm Leach Bliley Act or other applicable federal or state laws and regulations
• Periodic, annual, monthly or other statements, disclosures and notices relating to the maintenance or operation of your Card Account, any product or service including, but not limited to, Card Account information, Card Account activity, Card Account inactivity, payments made or due, or other statements, disclosures or notices that may be required by the Electronic Fund Transfer Act, the Gramm Leach Bliley Act or other applicable federal or state laws and regulations
• Any notice or disclosure regarding your Card Account, product or service fee
• Any notice of the addition of new terms and conditions or the deletion or amendment of existing terms and conditions applicable to Card Account, products or services you obtain from us
• Privacy policies and notices
• Error resolution policies and notices
• Responses to claims filed in connection with your Card Account
• Notices regarding insufficient funds or negative balances

(b)              Method of Providing Communications to You in Electronic Form.  All Communications that we provide to you in electronic form will be provided either (1) via an email notice we send to you at the time the information is available, or (2) by posting such Communications in the Mobile App, or (3) via optional text messages (SMS).  Once you provide your mobile phone number and download the Mobile App to your mobile phone, we will send you important notices to the mobile number you have provided to the Mobile App.  In addition, if you provide your mobile phone number and download the Mobile App, you expressly consent to receive text messages relating to your Card Account at that number and device.  Third-party data and message fees may apply.

(c)              How to Withdraw Consent.  You may withdraw your consent to receive Communications in electronic form at any time by emailing the Program Manager at customercare@mybambu.com, calling Customer Service at (833) 882-2628 or writing to the Program Manager at P.O. Box 171 West Palm Beach, FL 33402.  If you do withdraw your consent, we will close your Card Account, except where prohibited by law.  We will not impose any fee to process the withdrawal of your consent to receive electronic Communications.  Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your request for withdrawal.  In the meantime, you will continue to receive Communications in electronic form.  If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.

How to Update Your Records.  If you change your mobile phone number or text message address, you must promptly provide and verify your new mobile device number or text message address.  It is your responsibility to provide the Program Manager with your true, accurate and complete email address (if you have elected to receive email messages from us), your contact information and other information related to this Disclosure and your Card Account, and to maintain and update promptly any changes in this information.  You can update information (such as your email address) through the Mobile App or by calling Customer Service at (833)882-2628. 

(d)              Hardware and Software Requirements.  In order to access, view and retain Communications that we make available to you electronically, you must have:

• A smartphone that runs on Apple iOS version 5Se or later or Google Android version 6 or higher;
• Internet access to your smartphone using a cellular data package or WiFi;
• An e-mail account with an Internet service provider and e-mail software available on your mobile phone;
• Sufficient electronic storage in the smartphone to install the mobile application

(e)              Requesting Paper Copies.  We will not send you a paper copy of any Communication  unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, call the number on the back of your Card, (833) 882-2628; email the Program Manager at customercare@mybambu.com, or write to the Program Manager at P.O. Box 171 West Palm Beach, FL 33402.

(f)               Termination/Changes.  We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications.  We will provide you with notice of any such termination or change as required by law.

25.              Third Party Agreements. 

Your use of the mobile phone may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., AT&T® or Verizon®).  You agree to comply with all applicable third-party terms of agreement when using the Mobile App.  We are not a party to those agreements and have no responsibility for the products and services provided by third parties.

26.              English Language Controls.

Any translations of this Agreement that may be provided are for your convenience only and may not accurately reflect the original English meaning.  The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language.  Any translation provided may not accurately represent the information in the original English.  In the event of any conflict between the English version and the non-English version, the English version will control.