Achieve Card Prepaid Debit Cards

CARDHOLDER AGREEMENT

Terms and Conditions/Definitions for the AchieveCard MasterCard Card® Prepaid Card

The AchieveCard MasterCard Card® is issued by First California Bank pursuant to a license by MasterCard International Incorporated. AchieveCard is a Member Service Provider of First California Bank. First California Bank is a member of the Federal Deposit Insurance Corporation (“FDIC”) and all cardholders funds are insured by the FDIC in accordance with the FDIC’s applicable terms and conditions. MasterCard and the MasterCard Brand Mark are registered trademarks of MasterCard International Incorporated. The AchieveCard MasterCard® Card is a reloadable general use prepaid card. The Card does not constitute a checking, savings, or other bank account and is not connected in any way to any funds in an account you may have with a financial institution. The Card is not a credit card. You will not receive interest on the funds loaded onto your Card.

This agreement outlines the terms and conditions that govern your use of the AchieveCard Prepaid MasterCard® issued to you and supersedes any terms and conditions that you may have received earlier. By activating the Card or by retaining, using or authorizing the use of the Card, you represent and warrant to us that: (a) you are at least 18 years of age (or 19 if you reside in a state where the age of majority is 19); (b) you are a U.S. citizen or legal alien residing the US or the District of Columbia; (c) you warrant factual representation of required information, including, but not limited to, your real name, age, and valid US mailing address (not a PO Box); and (d) you received a copy of this Agreement and agree to be bound by its terms.

1. Definitions. (a) Our “Business Days” are Monday through Saturday excluding certain holidays. Each of our authorized agents has its own business days, but Sundays, and federal holidays are not considered Business Days for purposes of this Agreement, even if the authorized agent is open. (b) “Card” means the prepaid AchieveCard Prepaid MasterCard issued to you by First California Bank (the “Issuer”). (c) “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. (d) “Available Funds” means the amount of funds at any given time that are available to you as recorded in your Card Account. (e) “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. (f) “We” “us” and “our” mean the Issuer and Achieve Financial Services, LLC, and their respective successors and assigns.

2. Loading the Card. This is a reloadable general use prepaid card in which only the funds that have been loaded on the Card are available for purchases and withdrawals. Funds can be loaded on the Card only at authorized locations. Please call (800) 486- 0273 or visit www.AchieveCard.com to find the nearest authorized location.

3. 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 agree to contact us immediately if you believe that anyone has gained unauthorized access to your PIN.

4. Using the Card. You may use the Card up to the amount of Available Funds to (a) purchase goods or services everywhere Debit MasterCards® 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 amount of Available Funds by the amount of the transaction. You should be sure to get a receipt at the time you initiate a transaction and should retain the receipt to verify your transactions. You are not allowed to conduct a transaction where the amount of the transaction will exceed the amount of Available Funds through an individual transaction or a series of transactions. Nevertheless, if the amount of a transaction exceeds the amount of Available Funds (creating a “Shortage”) you are fully liable to us for the amount of the transaction and any applicable fees or charges. You agree that we may bill you for any Shortage. You agree to pay us promptly for the Shortage. We reserve the right to cancel this Card at any time and report you to a collection agency for any unpaid negative balance resulting from Shortages.

If you do not have sufficient Available Funds for a transaction, you can request the merchant to accept the Card up to the amount of Available Funds and pay the remaining amount of the transaction with cash or another form of payment. These are called “split transactions.” Depending on the law of your state, merchants may be required to permit cardholders to conduct split transactions. Some merchants may allow you to do a split transaction only if you pay the remaining amount in cash.

If you use your Card at certain merchants such as restaurants, gas stations, hotels and rental car companies, the merchant may preauthorize a transaction amount equal to the purchase or more to ensure that there are sufficient Available Funds. Any preauthorized transaction amount will place a “hold” on the amount of Available Funds that can be used for other transactions. Until the merchant sends us the final transaction amount, the amount of your Available Funds will be reduced by the preauthorized transaction amount. Once the final transaction amount is received, the hold on Available Funds for the preauthorized transaction amount will be removed. Transactions at certain merchants that authorize high dollar amounts, especially hotels and rental car companies, may take up to 45 days to remove the authorization hold. During the hold period, you will not have access to the preauthorized transaction amount. If the excess funds held for authorization are not released within 45 days from the date of purchase, Cardholders are encouraged to contact the AchieveCard Customer Service at 1-800-486-0273.

If you authorize a transaction and then fail to complete it as planned, the transaction authorization may result in a hold on the transaction amount (and any additional amounts where applicable ) for up to five (5) days, but it can take up to forty-five (45) days past the service date. The transaction amount will be deducted from your Available Funds once the transaction is completed.

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. You may use your Card to access cash at an ATM up to a daily limit of $500 per day.

You should keep track of the amount of your Available Funds. You may access this amount and other Card Account information online at www.AchieveCard.com at any time. You may also call us at any time at the Customer Service number shown on your Card and listed below to obtain the current amount of your Available Funds. An automated service will be available at all times. A live agent may be available to answer your questions during our normal Business Hours. To reach us, call toll-free (800) 486-0273.

5. Limitations on Use. Up to two (2) Cards may be issued per Card Account. Only the person identified on a Card or authorized by you may use it. We may deny the right to use the Card if (a) you exceed the daily ATM withdrawal limit of $600, (b) you do not enter the correct PIN, (c) you exceed the frequency of use limitation, or (d) your balance drops below zero.

Subject to the amount of Available Funds, the following transaction, balance and frequency of use limitations apply to the Card Account:

• Cash Loading Limits: You are permitted: daily –maximum of 4 loads totaling $1,500:every 7 days – maximum of 7 loads totaling $3,500;every 30 days – maximum of 20 loads totaling $5,000 dollars.
• Direct Deposit Limits: You are allowed to use Direct Deposit up to $10,000.
• ATM Withdrawals: You are permitted up to two (2) ATM withdrawals per day. The maximum withdrawal amount is $300 per withdrawal, and $600 per day.
• Total Purchase Transaction: Your are permitted to conduct up to $2500 worth of purchase transactions per day.
• Minimum Purchase Transaction: You are permitted a minimum purchase transaction amount of $0.01 and a maximum of 1,500.00.
• Maximum Balance: You are permitted a maximum balance in the Card Account of $10,000.

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 not use the Card for any illegal or restricted transactions including illegal gambling activities. 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.

6. Expiration of Card; Refund of Unused Funds; 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 Available Funds 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 Available Funds 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 amount of Available Funds 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 Available Funds, to the extent permitted by applicable law, we may charge your Card Account for (a) an allocated share of expenses that we may incur in connection with the publication of any notice that the Available Funds will be turned over to a state or other governmental authority as abandoned property, (b) the postal cost of any notice that we are required to send to you, and (c) such other amount as shall reimburse us for the handling and processing cost associated with the turnover of the Available Funds associated with your Card Account to a state or other governmental authority as abandoned property. The charges referred to in (a) and (b) 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.

7. No Overdrafts Privileges. You do not have the right to make transactions in amounts that exceed your Available Funds. We have the right to deny any transaction if your Available Funds are not sufficient to cover the transaction and all fees and charges. You do not have overdraft protection for your Card Account.

8. Fees. Fees applicable to your use of the Card will be deducted from your Available Funds. The following schedule of fees represents the maximum fee that we may charge. In some cases, the actual fee charged may be lower than the fee stated in this schedule. When you use an ATM not owned by the Issuer, you may also 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.

Transaction Type	Transaction Amount
Card Activation	FREE
Purchases Requiring Signature	FREE
Purchases Requiring PIN	FREE
ATM Withdrawal	$2.00
ATM Balance Inquiry	FREE
ATM Decline	FREE
Online Bill Pay - electronic	3 FREE payments/month ($1.50 each thereafter)
Online Bill Pay - physical check	$2.50
Monthly Maintenance Fee1	$9.95
Live Agent Call	FREE
Automated Phone System Inquiry	FREE
Online Statement	FREE
International Purchases	FREE
International ATM Transaction	$4.95
Currency Conversion	2.95% of transaction amount after currency conversion
Monthly Paper Statement	$2.95
Bank Teller Cash Advance	FREE
Payment to Other Party	$2.50
Lost or Stolen Card Replacement	$9.95
Replacement Card with Expedited Shipping	$29.95

¹The $9.95 monthly maintenance fee is assessed at the time of the first load placed on the card, and then every 30 days thereafter.

9. 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 Account, provide a cash refund, or issue store credit.

10. 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 and the rate stated in our Fee schedule.

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.

11. 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), amounts of the transactions, the beginning and closing balances, fees assessed against your Card Account 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.

12. Confidentiality and Privacy Policy. We do not share non public personal information about your Card Account or you with affiliates or nonaffiliated third parties except as permitted or required 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) when necessary to complete a transaction, or to service or process your Card or your Card 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 administer the Card or perform other services in connection with your Card or Card Account such as loyalty program or credit builder program providers, or (6) to our auditors, affiliates, and agents, as needed. We may 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 not be shared by contacting us in writing at: AchieveCard, PMB 200255, Austin, TX 78720.

13. Authorized Users. You are wholly responsible for the use of each Card according to the terms of this Agreement. If you may permit another person to have access to your Card or Card number, which this Agreement does not permit,you are liable for all transactions made with the Card or Card number by those persons. You also are responsible for all fees related to transactions incurred by you or any other person you have authorized. You must notify us to revoke permission for any person you previously authorized to use your Card. 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 agree to provide us with any information we may request regarding any authorized user.

14. Notice of Loss, Unauthorized Transactions, and Error Resolution. Telephone us at 1-800-486-0273 Write us at AchieveCard PMB 296, PO Box 200255, Austin, TX 7872,or E-mail us at support@achievecard.com as soon as you can, if you think your statement or receipt is wrong or if you need more information about your Card Account or statement or a transaction that you did not authorize. We must hear from you no later than 60 days after we sent or made available the FIRST statement on which the problem or error appeared.

(1) Tell us your name and account number (if any).
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(3) Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think 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 10 business days, we may not credit your account.

For errors involving new accounts, point-of-sale, 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 our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

If a provisional credit we issued to your Card Account is charged back to your account resulting in a shortage because the value for the provisional credit was removed from your Card, we reserve the right to bill you for any shortage. You agree to pay us promptly for the shortage as explained earlier in this document. Copies of the documents used in the investigation may be obtained by contacting us at the number listed on the back of your Card.

15. Liability for Errors and Unauthorized Transactions. You may be responsible for the amount of Available Funds deducted as a result of an error, transaction, or series of related transactions made using your Card without your authorization. The amount of the loss of Available Funds that you may be responsible for will depend on when (a) you notified Customer Service that your Card or your PIN has been lost or stolen, (b) you notified Customer Service of the error or unauthorized transaction, or (c) we are given a notice or become aware of circumstances indicating that an error or transaction involving your Card has been or may have been made without your authorization. If you notify us within two (2) of our Business Days of becoming aware of the error, loss, theft, or possible unauthorized transaction or if we otherwise become aware of those circumstances within two (2) of our Business Days after the date of the error, loss, theft, or possible unauthorized transaction, you may be responsible for (subject to limitations under federal law and the MasterCard Operating Rules) as much as $50 of the loss. If we are not given notice or otherwise become aware within those two (2) Business Days and we can show that we could have prevented the unauthorized transaction had we been given the notice during those two (2) Business Days, you may be responsible for (subject to limitations under federal law and the MasterCard Operating Rules) as much as $500 of the loss. If any statement shows any errors or transactions completed without your authorization and you do not report the error or unauthorized transaction to us within sixty (60) days of (a) the occurrence of the error or transaction, or (b) the date the statement is available, you may be responsible for (subject to limitations under federal law and the MasterCard Operating Rules) the amount of the unauthorized transactions that occurred after the close of the sixty (60) days and prior to your notification to us. You may not recover the value you lost after the sixty (60) days if (a) we can prove that we could have prevented someone from taking the value had you notified us in a timely fashion and (b) you were negligent or fraudulent in the handling of your Card. You are responsible for the integrity and security of your PIN. You will be responsible for any unauthorized transactions made using your Card and PIN where your PIN was obtained or compromised due to your inappropriate disclosure of or carelessness in maintaining the confidentiality of your PIN.

The MasterCard Zero Liability Policy®: Under the MasterCard Zero Liability Policy®, your liability for unauthorized MasterCard® transactions on your Card Account is $0 if:

• Your Card Account is in good standing;
• You have exercised reasonable care in safeguarding your Card;
• You have not reported more than two (2) unauthorized events in the past twelve (12) months; and
• The unauthorized transaction was initiated as a signature transaction.

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

16. 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 (a) through no fault of ours, you do not have enough funds available in your Card Account to complete the transaction, (b) the merchant refused to accept your Card, (c) 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, (d) if there is an insufficient balance in the Card Account because there is a hold on your Card, (e) your funds are subject to legal process or other encumbrances restricting transfer, (f) access to the Card has been blocked because, for example, you reported the Card lost or stolen, (g) we have reason to believe that the transaction is unauthorized, or (h) 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 5, above.

17. 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, 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 have a duty to mitigate damage for which the other party may become responsible.

18. 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.

19. Address or Name Changes. You are responsible for notifying us of changes to your mailing address, email address, telephone number, or 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.

20. Amendment and Cancellation. We may restrict, cancel, or suspend your Card or this Agreement at anytime. You may cancel this Agreement by notifying us via telephone or in writing 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 amount of Available Funds 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.

21. 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 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 (a) maintain or restore the security of the Card or associated Card Account or any related payment or processing system or (b) comply with any regulatory requirement or law. 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. We will mail or deliver a written notice to you, at least twenty-one (21) days before the effective date, of any change in a term or condition required to be disclosed under regulation or law if the change would result in (a) increased fees to the consumer, (b) increased liability to the consumer, (c) fewer types of available electronic funds transfers; or (d) stricter limitations on the frequency or dollar amount of transfers.

22. 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 United States Postal Service (“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 8, 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 through AchieveCard’s customer service to process a bill pay transaction via the telephone, 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 USPS 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 Available Funds are not sufficient 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; or
(10) Processing or completion of the payment could result in a violation of law.
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 unpaid balance resulting from funds we have paid on your behalf.

23. Text Message or Short Message Service (“SMS”) Notifications. You may sign up to receive text or SMS messages to your mobile phone regarding your Card Account (the “AchieveTexts Program” or “AchieveTexts”). To enroll in this program, you must have text messaging enabled on your phone, and subscribe to a participating cellular telephone carrier. Although the AchieveTexts Program is complimentary and requires no purchase or fee for participation, standard messaging and data fees may apply. Check with your mobile carrier for more details. You may stop participating and receiving text/SMS messages from AchieveTexts by texting the word “STOP” to the short code used for the program, which is 555222 as of the date of this Agreement. You may also opt-out by calling 800-486-0273 or requesting removal of your mobile number at www.AchieveCard.com. You agree that we shall not be liable for incomplete, lost, late, damaged, illegible or misdirected mobile messages or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections, failed, incomplete, garbled or delayed transmissions, or damage to any phone or computer system resulting from your participation in or accessing or downloading information in connection with the AchieveTexts Program.

24. 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, (b) your Card Account, (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. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement and of this arbitration requirement. 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 (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, 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 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.

25. 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.

26. No Waiver. Our failure to require performance of or exercise a right under any provision of this Agreement shall not affect our right to require performance or exercise a right at any time thereafter, nor shall a waiver of any breach or default of this Contract constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

27. 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.

28. 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.

29. 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.

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

31. 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.

32. 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.

33. Entire Agreement. You must notify Customer Service immediately by calling (800) 486-0273 when you change your address. You agree that any communication sent to you at your last address on record with us shall be considered 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.

CARDHOLDER AGREEMENT

Terms and Conditions/Definitions for the AchieveCard Visa® Prepaid Card

This document constitutes the agreement ("Agreement") outlining the terms and conditions under which the AchieveCard Visa Prepaid Card has been issued to you. By activating and using the Card, you agree to be bound by the terms and conditions contained in this Agreement. "Card& means the AchieveCard Visa Prepaid Card issued to you by The Bancorp Bank, Wilmington, Delaware. "Issuer" means The Bancorp Bank or its depository institution affiliate. The Issuer is an Federal Depositors’ Insurance Corporation (FDIC) insured member institution. "Card Account" means the records we maintain to account for the value of claims associated with the Card. "You" and "your" mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. "We," "us," and "our" mean the Issuer, our successors, affiliates or assignees. You acknowledge and agree that the value available in the Card Account is limited to the funds that you have added ("loaded") into the Card Account or have been loaded into the Card Account on your behalf. You agree to sign the back of the Card immediately upon receipt. The expiration date of the Card is identified on the front of your Card. The Card is a prepaid card. This Card contains no value or funds until you load funds into the Card Account or until funds have been loaded on your behalf. The Card is not connected in any way to any other account. The Card is not a credit card. The Card is not for resale. You will not receive any interest on your funds in the Card Account. The Card will remain the property of the Issuer and must be surrendered upon demand. The Card is nontransferable and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. The Card is not designed for business use, and we may close your Card if we determine that it is being used for business purposes. We may refuse to process any transaction that we believe may violate the terms of this Agreement. Our business days are Monday through Friday, excluding federal holidays, even if we are open. Write down your Card number and the customer service phone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed. Please read this Agreement carefully and keep it for future reference.

Obtaining Your Card
The USA PATRIOT Act is a federal law that requires all financial institutions to obtain, verify, and record information that identifies each person who opens a Card Account. What this means for you: When you open a Card Account, we will ask for your name, address, date of birth, and other information that will allow us to reasonably identify you. We may also ask to see your driver's license or other identifying documents at any time.

Authorized Users
You are responsible for all authorized transactions initiated and fees incurred by use of your Card. If you permit another person to have access to and use your Card or Card number, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by that person. You are wholly responsible for the use of each Card according to the terms and conditions of this Agreement.

Secondary Cardholder
You may not request an additional Card for another person.

Activation
You must activate your Card before it can be used. You may activate your Card by calling 1-800-401-7935 or by visiting www.achievecard.com. You will need to provide personal information in order to verify your identity.

Personal Identification Number You will be assigned a Personal Identification Number ("PIN") with your card Account, which you can change by calling 1-800-401-7951. You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately following the procedures in the paragraph labeled "Your Liability for Unauthorized Transfers."

Cash Access
With your PIN, you may use your Card to obtain cash from any Automated Teller Machine ("ATM") that bears the Visa®, STAR® or NYCE® Acceptance Mark or any Point-of-Sale ("POS") device, as permissible by any merchant that bears the Visa®, Interlink®, NYCE®, or STAR® Acceptance Mark. All ATM transactions are treated as cash withdrawal transactions. You may use your Card at an ATM. The maximum cumulative amount that may be withdrawn from an ATM per day is $600.00. Any funds withdrawn from a POS device or through a participating bank (over the counter withdrawal) will be subject to the maximum amount that can be spent on your Card per day.

Loading Your Card
You may add funds to your Card, called "value loading", at any time. The minimum amount of the initial load is $20.00 via cash and $0.01 via direct deposit. The minimum amount of each reload is $20.00 via cash and $0.01 via direct deposit. The maximum amount of the initial load is $1,000.00 via cash and $10,000.00 via direct deposit. The maximum amount of each reload is $1,000.00 via cash and $10,000.00 via direct deposit. The maximum number of times you may load your Card per day via cash are as follows: Daily –maximum of four (4) loads totaling $1,500.00; Every seven (7) days – maximum of seven (7) loads totaling $3,500.00; Every thirty (30) days – maximum of twenty (20) loads totaling $5,000.00.
You may load your Card via cash using a Green Dot® MoneyPak® and via direct deposit. For details on how to load your card using one of these methods, please visit our website at www.achievecard.com.

You will have access to your funds loaded via cash typically within one (1) hour of loading onto your Card. You will have access to your funds received through direct deposit on the effective date for such direct deposit. Personal checks, cashier’s checks, and money orders sent to the Issuer are not an acceptable form of loading. All checks and money orders sent to the Issuer for Card loading will be returned unless the full amount may be applied towards a negative balance, in which case the check or money order may or may not be loaded to the Card at the discretion of this Issuer.

Direct Deposit Account
Your prepaid Card Account and associated direct deposit account number cannot be used for preauthorized direct debits from merchants or from utility or Internet service providers. If presented for payment, these preauthorized direct debits will be declined and your payment to the merchant or provider will not be processed. The bank routing number and direct deposit account number are for the purpose of initiating direct deposits to your prepaid Card Account only. You are not authorized to provide this bank routing number and direct deposit account number to anyone other than your employer, benefits provider or payer. THE ONLY FEDERAL PAYMENTS THAT MAY BE DEPOSITED TO THIS CARD ARE FEDERAL PAYMENTS FOR THE BENEFIT OF THE PRIMARY CARDHOLDER

Using Your Card/Features
The maximum amount that can be spent on your Card per day is $2,500.00. The maximum balance or value of funds that can be held in your Card Account is restricted to $10,000.00.

You may use your Card to purchase or lease goods or services wherever Visa debit cards, Interlink cards, STAR cards or NYCE cards are accepted as long as you do not exceed the value available in your Card Account. Some merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available in your Card Account to the Card. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined.

If you use your Card at an automated fuel dispenser ("pay at the pump"), the merchant may preauthorize the transaction amount up to $125.00 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 seven (7) 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, telephone, or Internet 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 not use your Card for online gambling, in connection with any illegal transaction, or for any illegal purpose.

Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. You cannot use the Card, either in a single transaction or a series of transactions, if the amount of the transaction(s) exceed(s) the available amount of funds in your Card Account. Nevertheless, if the amount of a transaction exceeds the balance of the funds available in your Card Account, you shall remain fully liable to us for the amount of the transaction and any applicable fees.

You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. You may not make preauthorized regular payments from your Card Account. If you authorize a purchase or payment from your Card Account for a transaction and then fail to make the purchase or payment as planned, the approval may result in a hold for that amount of funds for up to thirty (30) days. All transactions relating to car rentals may result in a hold for that amount of funds for up to sixty (60) days.

Fee Schedule
All fee amounts will be withdrawn from your Card Account and will be assessed as long as there is a remaining balance on your Card Account, except where prohibited by law. If there are insufficient funds on your card to cover any principal transaction amount plus the transaction fee, the transaction may be declined.Anytime your remaining Card Account balance is less than the Monthly Maintenance Fee amount being assessed, the balance of your Card Account will be applied to the fee amount and your Card Account may be drawn negative if insufficient to cover the Monthly Maintenance Fee.

Core Fees
Monthly Maintenance Fee(Monthly Maint Fee)	$9.95 per month (assessed upon the first load placed on the Card, and then every thirty (30) days thereafter)
ATM Withdrawal (SVC CHG WITHDRAWAL)	$2.00 per transaction
Online Bill Pay - electronic payment(Bill Pay Elec Fee)	3 FREE payments/month ($1.50 each thereafter)
Online Bill Pay - physical check(Bill Pay Check Fee)	$2.50
Less Common and International Fees
Monthly Paper Statement (STATEMENT FEE)	$2.95 per statement
Payment to Other Party (BILL PAYMENT)	$2.50 per transaction
Lost or Stolen Card Replacement(SVC CHG REPLACE CARD)	$9.95 per Card
Replacement Card with Expedited Shipping (SVC CHG EXPED CARD)	$29.95 per Card
International ATM Transaction(SVC CHG NO PIN TRN)	$4.95
International Currency Conversion(SVC CHG INTRNTL TRAN)	2.95% of transaction amount after currency conversion
FREE Services
Purchases Requiring Signature, Purchases Requiring PIN, ATM Balance Inquiry, ATM Decline, Live Agent Call, Automated Phone System Inquiry, Online Statement, Bank Teller Cash Advance	FREE

If you use an ATM not owned by the Issuer for any transaction, including a balance inquiry, you may be charged a fee by the ATM operator even if you do not complete a withdrawal. This ATM fee is a third party fee amount assessed by the individual ATM operator only and is not assessed by us. This ATM fee amount will be charged to your Card.

Non-Visa Debit Transactions
New procedures are in effect that may impact you when you use your Card at certain merchant locations. In the past, transactions have been processed as Visa debit transactions unless you entered a PIN. Now, if you do not enter a PIN, transactions may be processed as either a Visa debit transaction or as a STAR or NYCE transaction.

Merchants are responsible for and must provide you with a clear way of choosing to make a Visa debit transaction if they support the option. Please be advised that should you choose to use the STAR or NYCE network when making a transaction without a PIN, different terms may apply. Certain protections and rights applicable only to Visa debit transactions as described in this Agreement will not apply to transactions processed on the STAR or NYCE network. Please refer to the paragraph labeled "Your Liability for Unauthorized Transfers" for a description of these rights and protections applicable to Visa debit and non-Visa debit transactions.

To initiate a Visa debit transaction at the POS, swipe your Card through a POS terminal, sign the receipt, or provide your Card number for a mail order, telephone, or Internet purchase. To initiate a non-Visa debit transaction at the POS, enter your PIN at the POS terminal or provide your Card number after clearly indicating a preference to route your transaction as a non-Visa debit transaction for certain bill payment, mail order, telephone, or Internet purchases.

Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds and agree to the refund policy of that merchant. If you have a problem with a purchase that you made with your Card, or if you have a dispute with the merchant, you must handle it directly with the merchant.

If you need to replace your Card for any reason, please contact us at 1-800-401-7951 to request a replacement Card. You will be required to provide personal information which may include your Card number, full name and transaction history. There is a fee for replacing your Card.

Charges Made In Foreign Currencies
If you obtain your funds or make a purchase in a currency other than the currency in which your Card was issued, the amount deducted from your funds will be converted by Visa U.S.A. Inc. into an amount in the currency of your Card. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa U.S.A. Inc. from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa U.S.A. Inc. itself receives, or the government-mandated rate in effect for the applicable central processing date. If you obtain your funds or make a purchase in a currency other than the currency in which your Card was issued, the Issuer may assess a foreign currency conversion fee of 2.95% of the transaction amount and will retain this amount as compensation for its services.

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

Card Account Balance/Periodic Statements
You are responsible for keeping track of the amount of available funds in your Card Account. Merchants generally will not be able to determine this amount of available funds. It's important to know your available balance before making any transaction. You obtain information about the amount of money you have remaining in your Card Account by calling 1-800-401-7951. This information, along with a sixty (60) day history of Card Account transactions, is also available online at www.achievecard.com. You also have a right to obtain a sixty (60) day written history of Card Account transactions by calling 1-800-401-7951 or by writing us at AchieveCard Visa Prepaid Card, PMB 296, P.O. Box 200255, Austin, TX 78720. However, there is a fee for this service. You will not automatically receive paper statements.

Confidentiality
We may disclose information to third parties about your Card or the transactions you make:
(1) Where it is necessary for completing transactions;
(2) In order to verify the existence and condition of your Card for a third party, such as a merchant;
3) In order to comply with government agency, court order, or other legal reporting requirements;
(4) If you give us your written permission; or
(5) To our employees, auditors, affiliates, service providers, or attorneys as needed.

Our Liability for Failure to Complete Transactions
If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
(1) If through no fault of ours, you do not have enough funds available in your Card Account to complete the transaction;
(2) If a merchant refuses to accept your Card;
(3) If an ATM where you are making a cash withdrawal does not have enough cash;
(4) If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
(5) If access to your Card Account has been blocked after you reported your Card lost or stolen;
(6) If there is a hold on your funds or your funds in your Card Account are subject to legal process or other encumbrance restricting their use;
(7) If we have reason to believe the requested transaction is unauthorized;
(8) If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
(9) Any other exception stated in our Agreement with you.

Your Liability for Unauthorized Transfers
Contact us at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer funds from your Card Account without your permission, call us at 1-800-401-7951. Under Visa U.S.A. Inc. Operating Regulations, your liability for unauthorized Visa debit transactions on your Card Account is $0.00 if you notify us within two (2) business days and you are not grossly negligent or fraudulent in the handling of your Card. This reduced liability does not apply to PIN transactions not processed by Visa or ATM cash withdrawals. If you notify us within two (2) business days of any unauthorized transactions, you can lose no more than $50.00 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 $500.00.

Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once following the procedures stated in the paragraph labeled "Information About Your Right to Dispute Errors". If you do not notify us in writing within sixty (60) days after you become aware of the transaction 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.

Other Terms
Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law.

Amendment and Cancellation
We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel your Card or suspend access to your Card Account or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

In the event that your Card Account is cancelled, closed, or terminated for any reason, you may request the unused balance to be returned to you via a check to the mailing address we have in our records. There is a fee for this service. The Issuer reserves the right to refuse to return any unused balance amount less than $1.00.

Information About Your Right to Dispute Errors
In case of errors or questions about your Card Account, telephone us at 1-800-401-7951, or write us at Cardholder Services, PMB 296, P.O. Box 200255, Austin, TX 78720 as soon as you can if you think an error has occurred in your Card Account. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling or writing us at the contact information above.

You will need to tell us:
1. Your name and Card Account number.
2. Why you believe there is an error, and the dollar amount involved.
3. Approximately when the error took place.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Card Account within ten (10) business days for the amount you think is in error, less up to $50.00, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Card.

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. For new Card Accounts, we may take up to twenty (20) business days to credit your Card Account for the amount you think is in error.

We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error-resolution procedures, call us at the phone number or address listed at the beginning of this section.

English Language Controls Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

Customer Service
For customer service or additional information regarding your Card, please contact us at: AchieveCard Visa Prepaid Card PMB 296P.O. Box 200255Austin, TX 787201-800-401-7951