Achieve Card Prepaid Debit Cards

CARDHOLDER AGREEMENT

The AchieveCard MasterCard® Card issued by Palm Desert National Bank pursuant to a license from MasterCard International Incorporated is a prepaid card. The AchieveCard allows you to access funds that you or your employer has placed 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 AchieveCard is not a credit card. The AchieveCard can be used everywhere Debit MasterCard cards are accepted.

1. Terms and Conditions. This agreement outlines the terms and conditions that govern your use of the prepaid AchieveCard MasterCard Card that has been issued to you and supersedes any terms and conditions that you may have received earlier. By accepting this Card, you agree to be bound by these terms and conditions. PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP IT FOR FUTURE REFERENCE.

2. Definitions. (1) Our “Business Days” are Monday through Friday excluding certain holidays. Each of our authorized agents has its own business days, but Saturdays, Sundays, and federal holidays are not considered Business Days for purposes of this Agreement, even if the authorized agent is open. (2) “Card” means the prepaid AchieveCard MasterCard Card issued to you by Palm Desert National Bank (the “Issuer”). (3) “Card Account” means the records we maintain to account for funds that are available to you with the Card and accessible online at www.AchieveCard.com. (4) “You” and “your” mean the person whose name appears on the Card and who is authorized to use the Card as provided by this Agreement. (5) “We” “us” and “our” mean the Issuer and Find Your Customers, Inc. dba AchieveCard, and their respective successors and assignees.

3. Loading the Card. This is a prepaid card in which only the funds that have been loaded on the Card are available for purchases and withdrawals. The funds that are available are recorded in your Card Account. Funds can be loaded on the Card only through authorized AchieveCard agents. Please call (800) 486-0273 or visit www.AchieveCard.com to find the nearest authorized agent. YOU WILL NOT RECEIVE INTEREST ON THE FUNDS LOADED ONTO THE CARD. There is no individual deposit account associated with your Card.

4. Personal Identification Number. When you receive your card you will be assigned a Personal Identification Number (“PIN”). Upon activation, you are required to choose a new PIN. Your PIN is a security feature which will be needed for certain transactions. It identifies you as the proper user of the Card and authorizes transactions that you make with the Card. You should not write the PIN ON YOUR CARD, KEEP IT WITH YOUR CARD, OR REVEAL IT TO ANY UNAUthorized person. You should contact us immediately if you believe that anyone has gained unauthorized access to your PIN.

5. Using the Card. So long as you do not exceed the funds available in your Card Account, you may use the Card to (a) purchase goods or services everywhere Debit MasterCard cards are accepted, or (b) obtain Cash (i) from any Automated Teller Machine (“ATM”) or (ii) at any Point-of-Sale (POS) device which requires entry of a PIN that bears the STAR®, NYCE®, Maestro® or Cirrus® brand. All ATM transactions are treated as cash withdrawal transactions. You should not write or keep your PIN with your Card.

Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction. You can get a receipt at the time you initiate a transaction and should retain the receipt to verify your transactions. You are not allowed to exceed the available amount on your Card through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card (creating a “shortage”) you shall remain fully liable to us for the amount of the transaction and any applicable fees or charges. We reserve the right to bill you for any shortage. You agree to pay us promptly for the shortage. We also reserve the right to cancel this Card should you create one or more shortages with your Card.

If you do not have enough value loaded on your Card you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another form of payment. 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.

IIf you use your Card at an automated fuel dispenser (“pay at the pump”), the merchant may preauthorize the transaction amount up to $75 or more. If your Card is declined, even though you have sufficient funds available, 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% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any preauthorization amount will place 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 preauthorization amount on hold will be removed. It may take up to 45 days for the hold to be removed. During the 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 or telephone purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make on your Card. Your Card cannot be redeemed for cash. You may use your Card to access cash at an ATM up to a daily limit of $300 per day. You may not use your Card for any illegal transactions including illegal gambling activity.

You should keep track of the amount of value loaded on Cards issued to you. You may access your Card Account information online at www.AchieveCard.com 24 hours a day, 7 days a week, 365 days a year. You may also call us at the Customer Service number shown on your Card and listed below at any time to obtain the current value on your Card. To reach us, call toll-free (800) 486-0273.

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 for up to five (5) days but it can take up to 45 days past the service date. Funds will also come off your account once the charge goes through.

6. Limitations on Use. Only one Card will be issued per Card Account and only the person identified on the Card may use it. You may be denied the right to use the Card if you (1) exceed the $300.00 daily ATM withdrawal limit, (2) do not enter the correct PIN, or (3) exceed the frequency of use limitation. You do not have the right to stop payment on any purchase or withdrawal originated through your Card and you may not make preauthorized regular payments through your Card.

The following transaction, balance, and frequency of use limitations apply:

• The minimum amount of funds that you can load onto your card is $10.00 per load and the maximum amount is $2,500.00 per day. You are permitted a maximum of two loads per day.
• You are permitted up to two (2) ATM withdrawals per day and the maximum amount that can be withdrawn by ATM per day is $300.00.
• You are permitted to conduct up to 12 purchase transactions per day with an aggregate amount of up to $2,500.00.
• The maximum balance allowed in the Card Account is $2,500.00.
• The minimum transaction amount is $0.01 and maximum is $1,500.00.

You may not use the Card for any illegal or restricted transaction. THE CARD IS AND REMAINS THE PROPERTY OF THE ISSUER, IS NON-TRANSFERABLE AND, SUBJECT TO APPLICABLE LAW, MAY BE CANCELLED, REPOSSESSED OR REVOKED AT ANY TIME WITHOUT PRIOR NOTICE.

7. Expiration of Card; Refund of Unused Stored Value; Abandoned Property. Your Card will expire two (2) years after it is issued. Prior to the expiration date on the face of the card you will receive a replacement card for your continued use as long as your card is not cancelled. Upon expiration of your Card, you may claim any unused amount of prepaid value represented by your Card balance by writing to Customer Service and requesting a refund of your Card balance. Please indicate your Card number in your written refund request. Upon receipt of your claim, we will send a check to you in the amount of your Card balance after deduction of a processing fee and any other fees chargeable to your Card Account. The check will be sent to the address on record or to any other address you tell us in writing. No refund claim made by anyone other than you or your legal representative will be processed. To allow for the processing of all outstanding transactions performed with the use of your Card, the unused prepaid value represented by your Card balance that is subject to refund may not be determined for up to forty-five (45) days following the expiration of your Card. If, at any time following the expiration of your Card, we are required to turn over to a state or other governmental authority as abandoned property any unused amount of prepaid value represented by your Card balance, to the extent permitted by applicable law, we may charge your Card Account for (i) an allocated share of expenses that we may incur in connection with the publication of any notice that the unused prepaid value represented by your Card balance will be turned over to a state or other governmental authority as abandoned property, (ii) the postal cost of any notice that we are required to send to you by registered or certified mail, return receipt requested, or by another means of delivery, to inform you that the prepaid value represented by your Card balance will be turned over to a state or other governmental authority as abandoned property, and (iii) such other amount as shall reimburse us for the handling and processing cost associated with the turnover of the stored value represented by your Card balance to a state or other governmental authority as abandoned property. The charges referred to in (i) and (ii) of the previous sentence may be charged to your Card Account even if you submit a claim to us for your Card balance before we have to turn it over to a state or other governmental authority.

8. Overdrafts. You do not have the right to make transactions in amounts that exceed the available balance in your Card Account. We have the right to deny any transaction if the available funds on your Card are not sufficient to cover the transaction and all fees and charges. You do not have overdraft protection for your Card.

9. Fees and Change in Fees. Fees applicable to your use of the Card are set forth below. When you use an ATM not owned by the Bank, you may be charged a fee by the ATM operator or any network used. You may be charged a fee for a balance inquiry even if you do not complete a fund transfer. We may at any time, increase or decrease the amount of an existing fee or establish a new fee chargeable to your Card Account in connection with our issuance or the use of, or your right to use, your Card. We will advise you of any change in the fees that are chargeable to your Card Account by posting the changes at www.AchieveCard.com or, at our option, by emailing or mailing notice of the changes to you at the email or mailing address we have for you on our records or in any other manner required or permitted by applicable law. Any change in fees chargeable to your Card Account will become effective as of the date indicated in the notice posted at www.AchieveCard.com or at our option mailed to you and will apply to all of your Card transactions and activities on and after such date.

Transaction Type	Transaction Amount
Card Application/Fulfillment Fee (Shipping & Handling)	FREE with Direct Deposit (Otherwise $9.95)
Purchases Requiring Signature	FREE
Purchases Requiring PIN	FREE
ATM Transactions	$2.00
ATM Balance Inquiry	FREE
ATM Decline/Unknown Transaction	FREE
Online Bill Pay	FREE*
Online Bill Pay via Physical Check	$2.50
Direct Deposit	FREE
Monthly Maintenance Fee	9.95
Live Agent Call	FREE
Automated Phone System Inquiry	FREE
Online Statement	FREE
International Purchases	FREE
International ATM Transactions	$4.95
Currency Conversion	2.95% of transaction amount after currency conversion

*3 FREE/month ($1.50 each thereafter)

10. Deduction of Fees from Balance. To activate your Card you must pay a non-refundable Application/Fulfillment Fee of $9.95 which will be deducted from your initial load. All other fees, including the Monthly Service Fee, will be deducted from your balance. If at any time your balance Card drops below zero your Card will be inactivated and cannot be used until such time as you return the Card to a positive balance.

11. Returns and Refunds. If you need to return an item that you purchased with the Card, the merchant will handle the return in accordance with MasterCard guidelines. The merchant may credit your Card, provide a cash refund, or issue store credit.

12. Foreign Transactions. If you obtain your funds or make a purchase in a currency other than the U.S. Dollar, the funds will be converted by MasterCard International Incorporated into an amount in the currency of your Card. MasterCard International Incorporated will establish a currency conversion rate for this convenience using a rate selected by MasterCard International Incorporated from the range of rates available in wholesale currency markets for the applicable central processing date. This rate may vary from the rate MasterCard International Incorporated 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. This percentage amount is independent of any amount taken by the Issuer in accordance with the remainder of this section (i.e., paragraph 2 of section 12) of these Terms & Conditions.

If you obtain your funds in a currency or country other than the currency or country in which your Card was issued, the Issuer may increase the currency conversion rate (described in the immediately preceding paragraph) up to an additional 1% and will retain this amount as compensation for its services. This charge is independent of the currency conversion rate established by MasterCard International Incorporated.

13. Statements. You have access to your statement and usage log for free by visiting www.AchieveCard.com. The statement will contain certain information concerning the transactions conducted with your Card, including the dates, type, terminal location (for ATM withdrawals), and amounts of the transactions, the beginning and closing balances, fees assessed against your Card during the period, and addresses and telephone number for inquires. Also, at no charge, you can check your Card Account balance and the last five transactions by calling (800) 486-0273. You may request a written copy of a particular statement for a $2.00 fee.

14. Confidentiality and Privacy Policy. We do not share nonpublic personal information about your Card Account or you with affiliates or nonaffiliated third parties except as permitted by law. We may disclose information about your Card, the transactions that you make, information you have given in obtaining the Card, or information received from third parties, such as merchants, to nonaffiliated third parties (1) where it is necessary to complete a transaction, or to service or process your Card or your account, (2) to verify the existence and condition of your Card to an authorized third party, such as a credit bureau or merchant, (3) when required to do so by law or regulation or to comply with an order of a court or regulatory agency, or other legal reporting requirements, or to prevent or investigate possible illegal activity, (4) with your written permission, (5) to service providers who administer the Card or perform other services for us, or (6) to our auditors, affiliates, and agents, as needed.

We may also share your name and email address with affiliated and non-affiliated third parties and all of your information as more fully set forth in our Privacy Policy which may be found at www.AchieveCard.com. You may direct that information may not be shared by contacting us in writing at: AchieveCard, PMB 296 PO BOX 200255, Austin, TX 78720.

15. Authorized Users. You may 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.

16. Notice of Loss. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500. Under MasterCard Operating Regulations, your liability for unauthorized MasterCard transactions on your Card Account is $0 if:

• Your account is in good standing.
• You have exercised reasonable care in safeguarding your Card.
• You have not reported two or more unauthorized events in the past 12 months.

The Zero Liability policy covers all MasterCard signature debit card transactions processed over the MasterCard network, online or off. ATM, and PIN POS transactions are not covered under the Zero Liability policy.

Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you became aware of the transactions, and/or after the statement was made available to you, you may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. 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. For errors involving new Cards, POS transactions or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting us.

17. Liability for Unauthorized Transactions. You may have to bear the loss of money taken by any transaction or series of related transactions made using your card without your authorization. How much of the loss you will have to bear will depend on when (a) you notified Customer Service that your Card or your PIN has been lost or stolen, or (b) we are given a notice or become aware of circumstances indicating that a transaction involving your Card has been or may be made without your authorization. If we are given the notice or become aware of those circumstances with two (2) of our business days after the date you learn of the loss, theft or possible unauthorized transaction, you have to bear (subject to limitations under federal law and the MasterCard Operating Rules) as much as $50 of the loss. If we are not given notice within those two (2) business days and we can show that we could have stopped the unauthorized transaction had we been given the notice during those two (2) business days, you will have to bear (subject to limitations under federal law and the MasterCard Operating Rules) as much as $500 of the loss. Also, if any statement shows any transactions completed without your authorization and you do not report the unauthorized transaction to us within 60 days after the date the statement is available, you will have to bear (subject to limitations under federal law and the MasterCard Operating Rules) as much as $50 of the loss occurring before the end of those 60 days and, if we can show that we could have stopped the taking of the money had the unauthorized transaction been reported to us during those 60 days, all of the loss occurring after the end of those 60 days.

18. Our Liability for Failure to Complete Transactions. If we do not properly complete transactions on time or in the correct amount in accordance with our agreement with you, we may be liable for your losses or damages. However, we will not be liable if (1) through no fault of ours, you do not have enough funds available in your Card Account to complete the transaction, (2) the merchant refused to accept your Card, (3) the ATM terminal does not have enough cash or if it is not operating properly and you knew about the breakdown before initiating the withdrawal, (4) if there is an insufficient balance in the Card Account because there is a hold on your Card, (5) your funds are subject to legal process or other encumbrances restricting transfer, (6) access to the Card has been blocked because, for example, you reported the Card lost or stolen, (7) we have reason to believe that the transaction is unauthorized, or (8) circumstances beyond our control, such as fire or flood, prevent the completion of the transaction, despite reasonable precautions that we have taken. There may be other exceptions, including but not limited to those stated in our agreement with you including those set forth in section 6, above.

19. DISCLAIMER OF LIABILITY. OTHER THAN AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, AGAINST INFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT WE ARE FOUND LIABLE TO YOU, YOU WILL BE ENTITLED TO RECOVER ONLY YOUR ACTUAL DAMAGES AND WE SHALL NOT BE LIABLE TO YOU FOR AND YOU ARE NOT ENTITLED TO RECOVER FROM US ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOST PROFITS) OR SPECIAL DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHICH MAY ARISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER WE MAY HAVE BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGE. You understand the limitation of our liability as set forth in this paragraph to be a reasonable allocation of risk and expressly consent to such allocation of risk. Neither party may assert any claim against the other party under or arising from this Agreement that accrued more than two (2) years prior to the filing of the action or proceeding alleging such claim. Each party shall be a duty to mitigate damage for which the other party may become responsible.

20. Error Resolution. WE ARE RESPONSIBLE FOR RESOLVING ANY ERRORS IN TRANSACTION MADE WITH YOUR CARD AND ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH YOUR CARD SHOULD BE DIRECTED TO US RATHER THAN TO THE ISSUER OF THE CARD. Telephone, email or write us as soon as you can if you believe that your statement or a receipt has an error or if you need more information about a transaction listed on the statement or receipt. Please provide your name and Card number, and the dollar amount of the suspected error or transaction, describe of the error or the transaction, and explain as clearly as you can why you believe that there is an error or why you need more information. We must hear from you no later than 60 days after the occurrence and if you provided this information orally, we may require that you then 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 45 days to investigate your complaint or question, but will provisionally credit your Card Account within ten (10) business days for the amount you believe is in error, so that you will have the use of 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 credit your account.

For errors involving new Cards, point-of-sale debit card transactions, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question and for new accounts, we may take up to 20 business days to credit your Card Account for the amount you believe is in error. We will send you the result within three Business Days after completing the investigation. If we decide that there was no error, we will send you a written explanation and may debit any provisional credit from your Card Account. You may ask for copies of the documents that were used in the investigation.

For any merchant chargeback that you initiate, an $18 fee will be deducted from your available balance.

21. No Warranty Regarding Goods and Services. We are not responsible for the delivery, quality, safety, legality or any other aspect of the goods and services purchased from merchants with the Card. All disputes concerning those matters should be addressed to the merchants from whom the goods and services were purchased.

22. Address or Name Changes. You are responsible for notifying us of changes in your mailing address, email address, telephone number or in your name within two weeks of the change. We will attempt to communicate with you only by use of the most recent mailing address, email address and telephone number that you provided to us and you agree that any notice or communication sent by us to the mailing address, e-mail address or telephone number noted in our records shall be effective unless we receive notice of change of the address or telephone number from you.

23. Amendment and Cancellation. We may restrict, cancel or suspend your Card or this Agreement at anytime. You may cancel this Agreement by telephoning or writing us at the number or address below. Upon cancellation, you will no longer be able to use the Card and it should be destroyed. A check for the balance remaining in your Card Account less the cancellation fee will mailed to you. Your cancellation of the Agreement will not affect any of our rights or your obligations that arose prior to the termination.

24. Change of Terms. We may modify or amend this Agreement, in whole or in part, at any time upon notice to you. Subject to the limitations of applicable law, we may at any time change or remove any of the terms and conditions of, or add new terms and conditions to, this Agreement. Any change in the terms and conditions of this Agreement, including any changes in fees chargeable to your Card Account, will become effective as of the date indicated in the notice posted at www.AchieveCard.com or at our option mailed to you and will apply to all of your Card transactions and activities on and after such date. Notwithstanding the foregoing, advance notice of any change in the terms and conditions of this Agreement may not be given if it is necessary to make such change immediately in order to maintain or restore the security of the Card or associated Card Account or any related payment or processing system. If any such change becomes permanent and disclosure to you of the change would not jeopardize the security of the Card, associated Card Account or any related payment or processing system, notice will be provided to you in the manner described above within thirty (30) days of our making the change. Your continued use of the Card after our posting such changes to this Agreement (or a revised and restated Agreement) at www.AchieveCard.com or at our option mailing or emailing the notice, will constitute your acceptance and agreement to be bound by such changes to this Agreement. You agree that these procedures are acceptable to you to provide you with notice of changes to this Agreement and the posting of any amendments to this Agreement at such website will constitute an amendment to this Agreement and supersede the affected terms and conditions of this Agreement.

25. Bill Pay Service Terms. These Bill Pay Service Terms (“Bill Pay Terms”) govern your access to and use of the AchieveCard bill pay service (“Bill Pay Service”) and the AchieveCard bill pay website (the “Bill Pay Site”). The Bill Pay Service is made available to you as a Card service in association with your Card Account. Therefore, these Bill Pay Terms supplement and are incorporated into your Agreement. All terms set forth in the Agreement apply equally to the Bill Pay Service unless contradicted by the Bill Pay Terms.
(a) Use of Bill Pay Service: During the term of these Bill Pay Terms, you may use the Bill Pay Service and the Bill Pay Site at such time as they are generally available solely as permitted by these terms. You are granted no license to use or access our or our service provider’s software, data, or property other than for the purposes of using the Bill Pay Service.
(b) Usage Limitations, Obligations and Availability: You agree that you will not provide access to the Bill Pay Service to any party other than yourself, and you will take reasonable precautions to safeguard your password and keep it confidential. You agree to use the Bill Pay Service only for lawful purposes. You are responsible to provide at your own expense all necessary telephone lines, Internet connection and equipment needed to access the Bill Pay Service. You must maintain the confidentiality of your assigned user name and password for the Bill Pay Service and you are responsible for all charges incurred under your user name and password, unless otherwise provided under these Bill Pay Terms. The availability of the Bill Pay Service and the Bill Pay Site may be subject to interruption and delay due to causes beyond our reasonable control.
(c) Method of Payment: We will make payments for you either electronically, or using a paper draft drawn on our account using funds debited from your Card Account. All payments to certain payees will be solely by check, draft, or similar paper instrument drawn on our account using funds debited from your Card Account. Each payee that will be paid in this manner will be identified to you at the time you request us to make a payment to the payee. As used in these Bill Pay Terms, these payments are referred to as “paper payments.” The term “electronic funds transfers” means all payments we process for you except paper payments.
(d) Authority to Debit Card Account: You authorize us to debit funds associated with your Card Account in order to fund payments that you initiate using the Bill Pay Service. We will charge your Card Account and you agree to maintain a balance that is sufficient to fund all payments you initiate. You may stop payment of any single scheduled recurring payment by changing it on the Bill Pay Site at least one (1) Business Day before the scheduled date of the payment. However, we will continue to charge your Card Account the Monthly Bill Pay Fee until the expiration date you set for the payments or the date you cancel the recurring payments through the Bill Pay Service, whichever occurs sooner.
(e) Payment Addresses: We reserve the right to change the address used for paper payments, without notification, in the following situations:

1. The information returned by our address cleansing process determines the format of the address does not comply with the USPS standards.
2. We have determined that the address provided is not a valid address for the payee.
3. The payee has closed the address, and provided us (via the USPS) with the new address.
4. We have established a relationship with the payee to send payments to a different address than the one provided on the statement.
5. In all cases, we attempt to act in a way to expedite the proper posting of your payment.

(f) Fees: Fees payable by you for use of the Bill Pay Service will be calculated and deducted automatically by electronic funds transfer from your Card Account at the time of each applicable transaction. The per transaction fee and any other fees, if applicable, for Bill Pay Service are set forth in Section 9, above.
(g) Our Right to Refuse to Make Payments: You agree not to use the Bill Pay Service to make payments to payees outside the United States (a “Prohibited Payment”). You further agree that the following payments (“Restricted Payments”) are discouraged, but may be scheduled at your own risk: (i) tax payments to the Internal Revenue Service or any state or other government agency, (ii) court-ordered payments, such as alimony or child support, or (iii) payments to insurance companies. In the event we make an error in processing a Restricted Payment, you agree that we will not have any responsibility for any negative impact to you and you will be responsible for collecting any overpayment we have forwarded. The fact that we make a mistake in processing a Restricted Payment does not mean that we cannot collect from you or your Card Account any funds we sent to the payee on your behalf. We will not notify you if you attempt to make a Prohibited Payment or a Restricted Payment and we will not be liable if we do not make a Prohibited Payment or a Restricted Payment. We may refuse to make any payment that we believe to be prohibited by law. If you fail to maintain a balance on the Card Account that is sufficient to fund any payment that you initiate, we may refuse to make any subsequent payment for as long as we determine to be necessary or appropriate. We also reserve the right and will notify you of our decision to refuse to make any other payment.
(h) Term and Termination: You may terminate these Bill Pay Terms by closing your Card Account or notifying us in writing. We may terminate or discontinue the Bill Pay Service at any time. The termination of the service shall not affect any fees or charges already due to us from you.
(i) Live Agent Assistance: Should you authorize or request an agent of AchieveCard to process a bill pay transaction via the phone you acknowledge that you are wholly responsible for the accuracy of the data and the transaction itself.
(j) Completion of Payments: You must select the processing date for any payment, or specify a payment rule in the system that automatically selects this date for you. This date should be at least six (6) Business Days prior to the payment due date to ensure that there is enough time for the payee to receive and post the payment. As we cannot control the U.S. Postal Service or other aspects of the various systems and processes that together ensure that your payments get from us to your payee, we cannot guarantee that any payment will be received by the payment due date or at all, and we are not responsible for any costs, expenses or other damages you incur if your payment is not received by the payee on or before the payment due date or at all. However, if you have followed our rules, allow us sufficient time to make the payment, and we have issued you a confirmation number for a payment, we will reimburse you for any late charge assessed to you because we do not send that payment, up to a maximum of $50.00 per late payment, unless we are not responsible to you for one of the reasons listed below. We may require that you provide us with satisfactory written documentation of any late fee before making reimbursement to you. THIS IS OUR ONLY OBLIGATION TO YOU FOR ANY PAYMENT DELAYS OR FAILURE. IN ADDITION, IF YOU DO NOT FOLLOW THESE RULES OR IF YOU DO NOT ALLOW US ENOUGH TIME TO COMPLETE A PAYMENT, YOU ALONE ARE RESPONSIBLE FOR ANY PENALTIES OR LATE CHARGES ON THAT PAYMENT. We may set an expiration date (usually 90 days from date of issue) for any payment check we issue from our own account. If we do this, we may stop payment of the check if the payee does not cash the check on or before the expiration date. We will then notify you and issue a credit to your Card Account for the amount of the check. We are not responsible for any failure to complete or delay in completing any payment due to any of the following:

1. Your Card Account does not contain sufficient funds to complete the transaction.
2. Your Card Account is closed.
3. We identify you as a credit risk and choose to complete all your payments by paper means, or to terminate your use of the Bill Pay Service.
4. The payee rejects or returns the payment for any reason.
5. Your equipment, software or any communications link is not working properly.
6. The Bill Pay Service is unavailable and you know or we have told you about the problem before you send the payment.
7. You have provided us with incorrect information about the payee you wish to pay.
8. The payee mishandles or delays handling or posting any payment we send.
9. Circumstances beyond our control (for example, fire, flood, interference from an outside source, postal delays) prevent or delay the transfer or payment from being completed.

We may set a maximum dollar amount for payment and/or refuse to permit any payment if we reasonably believe such refusal is necessary or advisable for security reasons. If we duplicate a payment or process a payment for the wrong amount, we will use our reasonable best efforts to recover your funds from the payee. However, if an overpayment causes a credit to an account with your payee, we may notify you of that fact and you will be responsible to make appropriate arrangements with the payee to receive a refund of the credit or have it applied against future balances. You will remain responsible to reimburse us for any overdraft amount resulting from funds we have paid on your behalf.

26. Dispute Resolution.
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION VERY CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE ONE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.
(a) Conditions Precedent to Arbitration. Before you take a dispute or controversy to arbitration, you must first contact us about the dispute or controversy and give us an opportunity to resolve it. Similarly, before we take a dispute or controversy to arbitration, we must first attempt to resolve it with you. If the dispute or controversy cannot be resolved within 60 days from the date you or we are notified about it, the matter that is in dispute or subject to controversy may proceed to arbitration in accordance with the provisions of this Agreement.
(b) Agreement to Binding Arbitration. Each dispute or controversy that arises out of or is related to (a) your Card, or (b) your Card Account, or (c) any service relating to your Card or your Card Account, or (d) any matter relating to your or our rights and obligations provided for in this Agreement or any other agreement or instrument relating to your Card or your Card Account, whether based on statute, contract, tort, fraud, misrepresentation or any other legal or equitable theory, including interest and attorney’s fees, where applicable (any “Claim”), must be determined on an individual basis by binding arbitration in accordance with the Federal Arbitration Act (“FAA” Title 9 of the United States Code) under the auspices of the American Arbitration Association (“AAA”). Judgment on an arbitration award may be entered in the Riverside County Superior Court only. Any issue regarding whether a particular dispute or controversy is a Claim that is subject to arbitration will be decided by the arbitrator. If any part of the relief request is not expressly stated as a dollar amount, the dispute or controversy will not be a Claim that is subject to arbitration.
(c) Applicable Arbitration Rules. If the amount in controversy is less than $10,000, the Consumer Arbitration Rules of the AAA will apply. Otherwise, the Commercial Arbitration Rules of the AAA will be applicable. (The Consumer and Commercial Arbitration Rules are sometimes hereinafter collectively referred to as the “Arbitration Rules.”) Information about the arbitration process, the Consumer or Commercial Arbitration Rules, the AAA’s fees and the nearest AAA Case Management Center is available from the AAA online at www.adr.org. Information about AAA procedures, rules, fees, and nearest offices will also be made available to you by contacting the corporate headquarters of the AAA at 1 800 778 7879.
(d) Representation. You may, but you do not have to, hire an attorney to represent you in any arbitration.
(e) Number of Arbitrators and Qualifications. Only ONE arbitrator will be selected. Each arbitrator shall be a licensed attorney who has engaged in the private practice of law continuously during the ten (10) years immediately preceding the arbitration or a retired judge of a court of general or appellate jurisdiction.
(f) Language. The language of the arbitration shall be in English. Any party desiring or requiring a different language shall bear the expense of an interpreter.
(g) Choice of Law and Forum. The arbitration shall be governed by the substantive laws of the State of California without regard to conflicts of law rules. The arbitration proceedings shall be conducted in Palm Desert, California, unless the Parties agree otherwise.
(h) Rules Governing Arbitration. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. The FAA shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in this Agreement. All statutes of limitation, defenses, and attorney client and other privileges that would apply in a court proceeding will apply in the arbitration. In conducting the arbitration and making the award, the arbitrator shall be bound by and shall strictly enforce the terms of this Agreement and may not limit, expand or otherwise modify its terms.
(i) Tolling of Statute of Limitations. The filing of a demand for arbitration in accordance with the Arbitration Rules will suspend any requirement to file a notice of claim or to commence an action until the conclusion of the arbitration process.
(j) Remedies Available. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Subject to the foregoing limitation, the arbitration award shall provide only such relief as a court of competent jurisdiction could properly award under applicable law, and, in each case, shall award to the prevailing party all of its costs and fees. “Costs and fees” means all reasonable pre and post award expenses of arbitration, including attorney’s fees, arbitrator’s fees, administrative fees, travel expenses, out of pocket expenses (for example, copying and telephone), court costs and witness fees. However, the arbitrator may not award damages that are not expressly authorized or are expressly prohibited by this Agreement. The award shall be in writing, shall be signed by the arbitrator and shall include a statement regarding the reasons for the disposition of each and every Claim raised during the arbitration.
(k) No Consolidation of Actions or Class Actions. There will be no class Claim (i.e., Claims by or on behalf of other persons will not be considered in or consolidated with the arbitration proceedings between you and us).
(l) Other Actions Available; No Waiver of Right to Arbitrate. This Agreement does not limit your or our right, whether before, during or after the pendency of any arbitration proceeding, to exercise self help remedies such as the right of set off or to obtain provisional or ancillary remedies or injunctive or other traditionally equitable relief (other than a stay of arbitration) necessary to protect the rights or property of the party seeking relief pending the arbitrator’s determination of the merits of the Claim. The taking of any of the actions described in the preceding sentence by either party or the filing of a court action by a party shall not be deemed to be a waiver of the right to demand arbitration of any Claim asserted as a counterclaim or the like in response to any such action. The state courts in the State of California, Riverside County, shall be the exclusive forum for the filing of any such court action.
(m) Arbitrator Fees. Arbitration fees payable to the arbitrator in advance of an award shall be paid equally by the parties to the dispute (unless the Arbitration Rules or Law require otherwise).
(n) Survivability. The foregoing “Dispute Resolution” provisions, in which you and we have agreed to arbitrate disputes, will survive the termination of your relationship with us, whether evidenced by this Agreement or otherwise.

You acknowledge that you have read carefully this provision in which you and we have agreed to arbitrate disputes. You understand that this provision limits or waives certain of your rights with respect to claims that you are agreeing to arbitrate pursuant to this provision. You understand that you are waiving your right to bring a court action and to have a jury trial. You understand that there will be no class claims in arbitration. You further understand that discovery the ability to obtain information from the other party may be more limited in arbitration than in a court proceeding, and the right and grounds of appeal from an arbitrator’s award are more limited than in an appeal from a court judgment. In addition, you understand that certain other rights you have in a court proceeding also may not be available in arbitration.

27. Independent Contractors. Nothing in this Agreement shall be construed as constituting any partnership, joint venture or agency between or among us, or between you and any affiliated or non-affiliated marketing partner, the Issuer or data processing service provider used by such parties.

28. Giving Up of Rights. None of our rights with respect to you, your Card or your Card Account can be given up by us except in a writing signed by us.

29. No Transfer of Rights and Obligations. You cannot transfer any of your rights or obligations under this Agreement to anyone else. Any transfer of any of your rights or obligations will be void.

30. Evidence. In any legal proceeding (including any arbitration proceeding contemplated by this Agreement) involving this Agreement, your Card, or your Card Account, any copy of this Agreement kept by us in the regular course of business may be admitted into evidence as an original of this Agreement.

31. Conflicts. If any part of this Agreement conflicts with applicable law, the law will control, and this Agreement will be considered changed to the extent necessary to comply with it.

32. Continued Effectiveness. If any part of this Agreement is determined by a court or arbitrator to be invalid, the rest will remain in effect.

33. Governing Law. Any legal question concerning this Agreement, your Card or your Card Account shall, unless governed by federal law, be decided in accordance with California State law.

34. Entire Agreement. You must notify Customer Service immediately by logging onto www.AchieveCard.com or contacting Customer Service in writing when you change your address. You agree that any communication sent to you at your last address on record with us to have been received by you. This Agreement constitutes the entire agreement between you and us regarding your use of the Card. We may delay or waive any of our rights at any time without waiving any of our rights at any future time. The headings in this Agreement are intended only to help organize this Agreement and are not intended to limit or define any party’s rights or obligations hereunder. Any statement concerning your Card made by any of our employees or anyone else is not part of this Agreement. This Agreement replaces any other agreement now existing between you and us concerning your Card.

35. Clearing House or Association Rules. Use of your Card is subject to all the rules and regulations of any clearing house or association involved in the transactions.