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Green Dot Reloadable Prepaid Cards

CARDHOLDER AGREEMENT

This agreement is effective as of February 1, 2010 and replaces any previous agreement for this Card.

 This Cardholder Agreement, including the Schedule of Fees and Charges and the privacy policies attached hereto (this "Agreement"), sets forth the terms of your stored value card. Please read it carefully and retain it for your records. This Agreement covers both the temporary Visa or MasterCard Card that was in the package you purchased (or the non-personalized  Card you received, if the context so dictates) ("Temporary Card") and the personalized, reloadable Visa or MasterCard Card that you may receive in the future ("Personalized Card"). The term "Card" refers to both the Temporary Card and the Personalized Card unless stated otherwise in this Agreement. Your Card is issued by Columbus Bank and Trust Company and serviced by Green Dot Corporation. NOTICE: THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION.

 If you do not agree to these terms, do not use the Card, save your receipt, and cancel the Card by calling us at the number on the back of your Card. If you cancel your Card within 30 days of its purchase, we will refund your purchase fee, any monthly charge assessed and any remaining value. However, by using or allowing another person to use the Card, you thereby agree to the terms of this Agreement.

 

Definitions. In this Agreement, the words "you" and "your" mean the owner of the Card ("Cardholder") and any persons authorized by the Cardholder to use the Card ("Authorized Users"). Note: Authorized Users include, without limit, your Registered Users, all of whom must comply with all of the terms of this Agreement. "Bank," "we," "us", and "our" mean Columbus Bank & Trust Company, the issuer of the Card, or anyone to whom we assign our rights. "Sales Agent" means each distribution agent and retail outlet authorized to provide Cards for sale to the public. Note: Sales agents have no authority to make representations or warranties on behalf of the Bank or Green Dot, or to bind the Bank or Green Dot or enter into any agreement on behalf of the Bank or Green Dot, with respect to the Card or otherwise. "Registered User" means a person the Cardholder registers and authorizes to use the Card in accordance with procedures provided by Green Dot. "Green Dot" means Green Dot Corporation, the third party that administers the Card program and to whom you submitted your Temporary Card number to obtain the Card. Green Dot provides certain support and marketing services for the Card.

Your Card. The Temporary Card is subject to all of the terms of this Agreement, in the same manner as the Personalized Card itself, and to such other terms herein as expressly apply to Temporary Cards. The Card is non-transferable and may be used only by the Cardholder or an Authorized User. You are not permitted to resell your Card. INTEREST WILL NOT BE PAID TO YOU FOR ANY VALUE LOADED ON YOUR TEMPORARY CARD OR THE PERSONALIZED CARD. THERE IS NO CREDIT CARD, CREDIT LINE, OVERDRAFT PROTECTION, OR DEPOSIT ACCOUNT ASSOCIATED WITH YOUR CARD. The funds on your Card are insured to the maximum provided by FDIC through a custodial account maintained and tracked by the Bank.

Registering Your Temporary Card. The minimum initial load is $10. The maximum initial load amount is $500. These initial load amounts may vary by retailer.Your Temporary Card has no ATM access. Prior to using the Temporary Card, you must register it, either by going online to the website address on the back of your Card or by calling 1-866-785-6963. You must have your Temporary Card when you call to register or for any refunds. We may refuse to register your Temporary Card in our sole discretion. If we are unable to verify your identity, you will not receive a Personalized Card embossed with your name. You may receive a refund check or we may choose to permit you to use the Temporary Card until the balance on the Temporary Card has been fully spent. We may also limit the number of cards issued to you in our sole discretion. It is important that you save your receipt until you have successfully registered your Card.

 

Important Information About Procedures for Registering Cards: To help the government fight the funding of terrorism and money-laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you register your Card, we will ask for your name, address, date of birth, social security number and other information that will allow us to identify you. We may also ask to see copies of your driver's license or other identifying documents. We also will request information of any secondary cardholder, including, but not limited to, the full name and date of birth of any secondary cardholder.

Activating Your Personalized Card. Once your Temporary Card is registered and we have successfully verified your personal information, we will issue and mail a Personalized Card to you. When you receive your Personalized Card, you will need to activate it and choose a Personal Identification Number ("PIN") online or by phone at the website address or the number on the sticker on the Personalized Card, respectively. Once you activate your Personalized Card, the amount remaining on the Temporary Card will be automatically transferred to your Personalized Card, and you will no longer be able to use your Temporary Card.

Using Your Card. You may use the Temporary Card in person at stores accepting Visa or MasterCard cards, to purchase goods or services over the Internet, by mail order, and by telephone from participating MasterCard or Visa merchants. The Temporary Card cannot be used for: (i) for any purchase at a merchant that cannot authorize your card "real-time," (ii) at ATMs or for any other type of transaction that requires a PIN or (iii) at merchants or ATMs outside of the United States.

 You may use your Personalized Card to purchase goods and services anywhere MasterCard or Visa debit cards, as applicable, are accepted and to access cash at ATMs of financial institutions displaying the MasterCard or Visa name and/or logo. Each time you use the Card (or the Temporary Card) to purchase goods or services, you authorize us to charge the amount against your Card's available value.

 

You agree that you will: (i) not use the Card at unlawful domestic and/or international gambling web sites, or at payment processors supporting unlawful gambling web sites, or to purchase illegal goods or services; (ii) promptly notify us of any loss or theft of the Card; (iii) promptly notify us of the loss, theft, or unauthorized disclosure of any codes or numbers used to access Card funds; and (iv) use the Card only as instructed. 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.

Your Representations and Warranties. By activating the Card or by retaining, using or authorizing the use of the Card, you represent and warrant to us that: (i) you are at least 18 years of age (or 19 if you reside in a state where the age of majority is 19); (ii) you are a U.S. citizen or legal alien residing in one of the 50 states, the District of Columbia or Puerto Rico; (iii) you have provided us with a verifiable U.S. street mailing address (not a P.O. Box); (iv) the personal information that you provide to us in connection with the Card is true, correct and complete; (v) you received a copy of this Agreement and agree to be bound by and to comply with its terms; and (vi) you accept the Card.

 

Information Collection. When you call to activate your Stored Value Card, you will be asked to provide information about yourself. The personal information you give at activation is being collected by both Green Dot and CB&T. Personal information about you will be used by CB&T as described in its Privacy Policy. You understand and agree that Green Dot also will receive and use the information you provide so that Green Dot may offer you other products and services. Green Dot's privacy policy will govern how Green Dot uses the information you provide to Green Dot. You agree that we may monitor and record your telephone and electronic communications with us at any time, without further notice to you or any party to the communication.

Adding Value to the Card.  Value will be "loaded" or added to the Temporary Card after the Temporary Card has been registered and the authenticity of the Temporary Card and/or "load" instruction has been verified. You can add ("reload") additional value to your Personalized Card at any Sales Agent or by following the directions supplied with the Card. Visit www.greendot.com to find a Sales Agent near you. A reload fee may apply for each reload. The maximum daily reload limit is $2,500. The maximum amount of value that can reside on the Card at any time is $2,500. We may, in our sole discretion, permit you to maintain a higher balance limit or to have a higher daily load limit if you elect to have funds directly deposited to your Personalized Card by your employer or other payor. We may increase or decrease these limits from time to time in our sole discretion. We reserve the right to accept or reject any request to reload value to the Card at our sole discretion. The Card may only be reloaded by the Cardholder. No Authorized User may reload funds to the Card.

 

Direct Deposits.  You may arrange to have funds transferred directly to your Personalized Card by your employer or other appropriate payor. To enroll, you will need to provide your employer or payor with the direct deposit enrollment form that is included with your Personalized Card. You may also print an enrollment form at www.greendot.com. Funds from electronic direct transfer will generally be available on the day the Bank receives the transfer. You can visit www.greendot.com or call the Green Dot automated support line at the number on the back of your Card to find out whether or not the transfer has been made. In case of transmission error, or transfer irregularity, your ability to withdraw funds may be delayed beyond the first day after the Bank receives the transfer. If this occurs, then funds will generally be available within five (5) business days after the transfer. We reserve the right to accept, reject or limit transfers via direct deposit in our sole discretion. You may cancel the direct transfer authorization at any time by sending a written notice to your employer and providing your employer and the Bank sufficient time to act upon the notice. Your employer may terminate this method of payment, with or without cause, at any time.

Authorization Holds.  When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and may estimate its final value. When you use your Card at an ATM or for a teller cash advance transaction, we will authorize the transaction in advance (including all applicable fees). When we authorize the transaction, we commit to make the requested funds available when the transaction finally settles and will place a temporary hold on your Card's funds for the amount indicated by the merchant. We also may add an amount for certain merchants to ensure that sufficient funds will be available to cover the final transaction. Transactions at certain merchants that authorize high dollar amounts, especially rental car companies and hotels, may cause an "authorization" or a "hold" on your available balance for up to 90 days. Until the transaction finally settles, the funds subject to the hold will not be available to you for other purposes. We will only charge your Card for the correct amount of the final transaction, however, and we will release any excess amount when the transaction finally settles.

 

Your Obligation for Overdrafts. You should maintain sufficient value on your Card to pay for each transaction. You are not authorized to make purchases that in the aggregate exceed $2,500 per calendar day. If a merchant attempts to process a transaction for more than the value available on the Card, the transaction may be declined. If you conduct transactions in an amount that exceeds the value on your Card, you agree to pay us the overdrawn amount immediately, without further demand. We may deduct the overdraft amount from any current or future funds on this or any other Card you register, activate or maintain (including any other prepaid cards serviced by Green Dot and issued by the Bank to you).

Refunds for Purchases Made With the Card.  Any refund for goods or services purchased with the Card will be made in the form of a credit to the Card. You are not entitled to receive a check refund unless your Card has been closed.

Disputes with Merchants. Neither we nor Green Dot are responsible for the delivery, quality, safety, legality or any other aspect of goods and services that you purchase from others with a Card. All such disputes must be addressed to the merchants from whom the goods and services were purchased.

 

Cancellation and Suspension; Limits.  We reserve the right, in our sole discretion, to limit your use of the Card, including limiting your use of the Card at ATMs. We may refuse to issue a Card, revoke Card privileges or cancel your Card with or without cause or notice, other than as required by applicable law.If you would like to cancel the use of your Card, you may do so online at www.greendot.com or by calling Green Dot at the number on the back of your Card. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Card. Our cancellation of Card privileges will not otherwise affect your rights and obligations under this Agreement. If we cancel or suspend your Card privileges through no fault of yours, you will be entitled to a refund as provided below in "Card Expiration; Life of Card." Not all services described in this Agreement are available to all persons or at all locations. We reserve the right to limit, at our sole discretion, the provision of any such services to any person or in any location. Any offer of a service in this Agreement shall be deemed void where prohibited. The Bank can waive or delay enforcement of any of its rights under this Agreement without losing them.

Card Expiration; Life of Card. Subject to applicable law, you may use the Card only through its expiration date. If you attempt to use the Card after the expiration date, the transactions may not be processed. The Card is good for at least one year from the date of first activation and will be subject to a monthly maintenance fee for the life of the Card. If your Card has a zero or negative balance, we may, at our option, cancel your Card without notice. Once the Card has expired for any reason, it cannot be renewed or reloaded. If there is a balance remaining on the Card upon expiration, the balance will be transferred to a new Card. If we do not choose to issue a new Card to you or if we cancel your Card privileges for any reason, we will send a refund of the balance remaining on the Card, after deducting fees and charges owed to us and any outstanding transactions to you at the address shown in our records.

 

You will not be able to add more value to your Card once the Card has expired if we do not issue you a new Card or if your Card is closed, either by us or by you. After Card expiration, if we do not issue you a new Card, you will need to purchase a new Card with a new card number.

Our Business Days.  Our business days are Monday through Friday, excluding federal and legal banking holidays in the State of Georgia.

Fees.  We will charge you, and you agree to pay, the fees and charges set forth in the Schedule of Fees. We normally deduct fees automatically from the Card balance at the time a fee is incurred.

 

SCHEDULE OF FEES

 

  Fee Type

  Fee

  Initial Purchase

  Varies by retailer, up to $4.95 ($6.95 for the NASCAR® Prepaid Visa Card).

  Monthly Charge

  Waived in any monthly billing cycle when you load at least $1,000 to your Card or have 30 posted purchase transactions (excludes all ATM declined withdrawals, ATM balance inquiries, teller cash advances and online bill payments at www.greendot.com).

  Otherwise, $5.95.

 

  ATM Withdrawal & Teller Cash Advance

   Free at in-network* ATMs

 

   All other ATM withdrawals: $2.50**

   Teller cash advance: $2.50

 

  ATM Balance Inquiry at Non-Network ATMs

  $0.50

 

  Lost/Stolen Card Replacement

  $6.00

 

  Reload at Retail Location

  Varies by retailer, up to $4.95

 

  Expedited Card Delivery

  $19.95

 

  Second Card

  $4.95(Free for Student Cards)

 

  Foreign Transactions (see paragraph titled "Foreign Transactions")

  3% of total transaction amount

 

 *To find the in-network ATM nearest you, visit www.greendot.com. In-network ATM transactions are also surcharge free.

 **** When you use an ATM not within our network, you may be charged a fee or surcharge by the ATM operator.

 Your first monthly billing cycle lasts for 30 days and begins on the date you register your Temporary Card.  Each subsequent billing cycle will end on the same day of the month each month.  If a Monthly Charge is applicable, it will be assessed on the last day of your monthly billing cycle.  If you do not register your Temporary Card, a Monthly Charge will be assessed beginning 90 days from the date you purchased your Card.

 

Unclaimed Property.  If we have no record of Card activity for several years, applicable law may require us to report the balance on the Card as unclaimed property. If this occurs, we may try to locate the owner of the Card at the address shown in our records. If we are unable to locate you, we may be required to deliver any value remaining on the Card to the state as unclaimed property.

 

Card Information; Periodic Statements. You can obtain information about the current available balance on your Card and a description of past charges and credits by visiting www.greendot.com or by calling the Green Dot Customer Care automated telephone system at the number on the back of your Card. You agree to receive electronic periodic statements for your Card. Electronic statements are made available each month at the www.greendot.com website, unless there are no transactions in a particular month. If you wish to receive a paper periodic statement instead of an electronic periodic statement, you may elect this option by writing to Paper Statement Request, Green Dot Corporation, P.O. Box 1187, Monrovia, California 91017. Please include your name and Card number. You agree that these are reasonable procedures for sending and receiving periodic statements.

Foreign Transactions.  If you conduct a transaction in a currency other than U.S. dollars, the merchant, network or card association that processes the transaction may convert any related debit or credit into U.S. dollars in accordance with its then current policies. MasterCard and Visa currently use a conversion rate that is either: (a) selected from a range of rates available in the wholesale currency markets (note: this rate may be different from the rate the association itself receives), or (b) the government-mandated rate. The conversion rate may be different from the rate in effect on the date of your transaction and the date it is posted to your account. We will impose a charge equal to 3% of the transaction amount (including credits and reversals) for each transaction (U.S. or foreign currency) that you conduct outside the 50 United States.

Information Given to Third Parties.  We may disclose personally identifiable information to third parties (including, but not limited to, Green Dot) about you, the Card, and the transactions on your Card: (i) where it is necessary or helpful for completing transactions; (ii) in order to verify the existence and condition of the Card for a third party (e.g., a merchant); (iii) in order to comply with government agency or court orders; (iv) if you give us your consent; (v) to service providers who administer the Card or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; (vi) in order to prevent, investigate or report possible suspicious or illegal activity; (vii) in order to issue authorizations for transactions on the Card; and (viii) as permitted by law. Please see our Privacy Policy for further details.

 

Recurring Transactions. If you intend to use the Card for recurring transactions, you should monitor your balance and keep funds loaded to the Card to cover the transactions. "Recurring transactions" are transactions that are automatically charged to your Card each month with or without any action on your part. Examples of merchants that may use recurring transactions include wireless carriers, Internet service providers, health clubs, insurance companies that automatically charge monthly premiums to the Card and cable TV services. Because the Card is prepaid and does not carry a credit line, these merchants may suspend or cancel your service if you don't have enough value left on the Card when that recurring transaction comes due. This could be important if the recurring charge is for an essential service. We are not responsible if a recurring transaction is declined because you have not maintained a sufficient balance on your Card to cover the transaction.

Governing Law/Jurisdiction.  This Agreement will be governed by and interpreted in accordance with Federal law and, to the extent Federal law does not apply, by the laws of the State of Georgia. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Columbus, Georgia with respect to all controversies arising out of or in connection with the use of the Card and this Agreement that are not subject to arbitration or to any proceedings to enforce the arbitration provision or to confirm or vacate an arbitration award. Note: If our records reflect that the owner of the Card is a resident of Illinois, the laws of the State of Illinois, rather than Georgia, shall apply to the extent Federal law does not apply, and all controversies arising out of or in connection with the use of the Card and this Agreement that are not subject to arbitration or to any proceedings to enforce the arbitration provision or to confirm or vacate an arbitration award shall be brought by us in the state and federal courts of Illinois.

 

Non-Assignability. You may not assign or transfer this Agreement or any of your rights or obligations under this Agreement. Any attempt to the contrary shall be null and void. This Agreement shall be binding on you, your executors, administrators, and any permitted assigns.

Entire Agreement. This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to its subject matter and supersede any prior or contemporaneous understandings or agreements with respect to their subject matter.

Severability. If any of the terms of this Agreement are invalid, changed by applicable law or declared invalid by order of court or regulatory authority, the remaining terms of this Agreement shall not be affected, and this Agreement shall be interpreted as if the invalid terms had not been included in this Agreement, except with respect to arbitration as addressed below.

Disclaimer of Warranties.  EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

Survival. This arbitration provision shall survive: (i) the termination of this Agreement; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your Card, or any amounts owed on your Card, to any other person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any different agreement regarding arbitration must be agreed to in writing.

Acknowledgement. Your Card is being made available and priced by the Bank on the basis of your acceptance of the following arbitration clause. By accepting your Card, you acknowledge that you are giving up the right to litigate Claims if either party elects arbitration of the Claims pursuant to this clause, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this Agreement. You further acknowledge that you have read this arbitration provision carefully, agree to its terms, and are entering into this Agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Agreement.

ARBITRATION NOTICE

THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE. PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY CLAIM RELATING TO YOUR ACCOUNT MAY BE RESOLVED BY BINDING ARBITRATION. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT, AND ARBITRATION DECISIONS ARE SUBJECT TO VERY LIMITED REVIEW. CLAIMS MAY BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. IF EITHER PARTY CHOOSES TO ARBITRATE A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIM.

Arbitration of Claims:  Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and third-party claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) this Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (iv) any other agreement or instrument relating to the Card or any such service ("Claim") shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is filed. The party initially requesting arbitration shall select either the National Arbitration Forum (NAF) or the American Arbitration Association (AAA) as the arbitration administrator. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with the AAA and NAF by contacting these organizations as follows: For AAA: On the web at www.adr.org; by writing to AAA at 1633 Broadway, 10th Floor, New York, NY 10019; or by phone at 800.778.7879 (toll free); For NAF: On the web at www.adrforum.com; by writing to NAF at P.O. Box 50191, Minneapolis, MN 55405-0191; or by phone at 800.474.2371 (toll free).

 

Other Claims Subject to Arbitration.  In addition to Claims brought by either you or the Bank, Claims made by or against Green Dot Corporation or by or against anyone connected with you or the Bank or claiming through you or the Bank (including an Authorized User, Registered User, employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy) shall be subject to arbitration as described herein.

Exceptions. We agree not to invoke our right to arbitrate any individual Claim you bring in small claims court or an equivalent court so long as the Claim is pending only in that court. This arbitration provision also does not limit or constrain the Bank's right to interplead funds in the event of claims to Card funds by several parties, to exercise a security interest or lien the Bank may hold in any property, the Bank's compliance with legal process involving Card funds or other property, or its right of offset.

Individual Claims Only. It is the intent of the parties to require Claims to be submitted to arbitration on an individual basis only.Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public or on behalf of any other person, unless otherwise agreed to by the parties in writing. However, co-applicants, Authorized Users and Registered Users of a single Card and/or related cards are considered as one person, and the Bank, its officers, directors, employees, agents, and affiliates are considered as one person.

 

Arbitration Fees. If you initiate arbitration, you must pay the lesser of one-half of any required arbitration fees or $125.00, unless the applicable rules and procedures of the arbitration administrator or this arbitration provision provide for a lesser amount, and the Bank will pay the remaining amount of any arbitration fees, including any required deposit. If the Bank initiates or elects arbitration, the Bank will pay the entire amount of the arbitration fees, including any required deposit. Notwithstanding any provision of this arbitration provision or the rules and procedures of the arbitration administrator, the Bank will be responsible for payment and/or reimbursement of any arbitration fees to the extent that such fees exceed the amount of the filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction over the Claims.

Procedure.  A single arbitrator will resolve the Claims. The arbitrator will be a lawyer with at least ten years experience or who is a former or retired judge. The arbitration shall follow the rules and procedures of the arbitration administrator in effect on the date the arbitration is filed, except when there is a conflict or inconsistency between the rules and procedures of the arbitration administrator and this arbitration provision, in which case this arbitration provision shall govern. Any in-person arbitration hearing for a Claim shall take place within the federal judicial district in which you live or at such other reasonably convenient location as agreed by the parties. The arbitrator shall apply applicable substantive law consistent with the FAA and shall honor all claims of privilege and confidentiality recognized at law. All statutes of limitations that would otherwise be applicable shall apply to any arbitration proceeding. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity, including the award of attorneys' fees and costs if allowed by contract, statute, or applicable substantive law. At the conclusion of the arbitration, the arbitrator may allocate arbitration fees in accordance with applicable law, provided that such fees do not exceed the filing fees that would have been incurred if the claim had been brought in a state or federal court with jurisdiction over the Claim. At the request of any party, the arbitrator will provide a written explanation of the basis for the award and the disposition of each claim, including written findings of fact and conclusions of law. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

 

Limited Liability. WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

Notices.  We may send notices to you at the last postal or e-mail address reflected for you in our Card records. Notices sent to you for any one of your cards shall be deemed given with respect to all of your cards. If your e-mail or postal address changes, you agree to update your information online at www.greendot.com or by calling the Customer Support number on the back of your Card immediately. Failure to do so may result in a replacement Card or Card information being mailed to the wrong person or your transactions being declined at the point-of-sale.

Change in Terms.  Subject to the limitations of applicable law, we may at any time add to, delete or change the terms of this Agreement by sending you a notice (unless otherwise stated herein that no notice shall be required). Advance notice may not be given, however, if we need to make the change immediately in order to maintain or restore the security of the Card or any related payment system. If any such change becomes permanent and disclosure to you of the change would not jeopardize the security of the Card or any related payment system, we will provide notice to you within 30 days from the making of the change.

 

Questions. Please see the information below regarding the operation of your Card. If you have questions regarding your Card, you may review your Card's transaction history online at www.greendot.com or call Green Dot Customer Support at the number on the back of your Card.

Other Rights and Terms

In Case of Errors or Questions About Card Transactions.  If you think your periodic statement, transaction history or receipt is wrong, or if you need more information about a transaction listed on the periodic statement, transaction history or receipt, please contact us as soon as you can at the number on the back of your Card, or write to Green Dot Customer Care, P.O. Box 1187, Monrovia, California 91017. We must hear from you no later than 60 days after we made available the FIRST periodic statement, transaction history or receipt on which the problem or error appeared. When notifying us: (i) tell us the name, address, and Card number of the Cardholder; (ii) describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and (iii) tell us the dollar amount of the suspected error. If you tell us orally, we also 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 of receiving your letter 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 the Card within 10 business days for the amount you think is in error so that you will have the use of the value during the time it takes us to complete the 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 the Card.

 

 For errors involving new cards, we may take up to 20 business days to credit your Card for the amount you think is in error. We will tell you the results within three business days after completing our investigation and we will correct any error promptly. For errors involving point-of-sale or foreign initiated transactions, we may take up to 90 days to investigate your complaint or question. 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.

Your Liability for Unauthorized Transfers. Tell us IMMEDIATELY if you believe your Card or PIN has been lost or stolen. Reporting your Card lost or stolen online at www.greendot.com or calling us at the number on the back of your Card is the best way of keeping your possible losses down. You could lose all the money on your Card. If you tell us within two business days, you can lose no more than $50 if someone used your Card or PIN without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Card or PIN, and we can prove that we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500. (Note: If your Card is a MasterCard Card, you will not be liable for the amounts stated above if: your Card is in good standing; you have not reported more than two incidents of unauthorized use in the preceding 12 months; and you have exercised reasonable care in safeguarding your Card from risk of loss or theft. If your Card is a Visa Card, you will not be liable for the amounts stated above unless we determine that you were grossly negligent or fraudulent in the handling of your Card.) You agree that any unauthorized use does not include use by a person to whom you have given authority to use the Card or PIN and that you will be liable for all such uses by such person.

 

 Also, if your paper statement or transaction history shows transactions that you did not make, tell us immediately. If you do not tell us within 60 days after the periodic statement or transaction history was made available to you, you may not get back any Card value you lost after the 60 days if we can prove that we could have stopped someone from taking the Card value if you had told us in time. If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods.

Notice of Lost or Stolen Cards/Unauthorized Activity. You agree to notify us of the loss, theft or unauthorized disclosure of any number, secret word or code that might be used to access Card funds. If you believe the Card has been lost or stolen or that someone has transferred or may transfer value from the Card without authorization, contact us at the address, website or phone number listed above in "In Case of Errors or Questions About Card Transactions."

 You agree to cooperate reasonably with us and Green Dot in our attempts to recover funds from, and to assist in the prosecution of, any unauthorized users of your Card. If you authorize another person to use the Card, you agree to be liable for all transactions arising from the use of the Card by that person, to the fullest extent permitted by law.

 

Our Liability for Failing to Make Transfers.  If we do not complete a transaction to or from the Card on time or in the correct amount according to our Agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

 

(a) if, through no fault of ours, your Card funds are insufficient for the transaction or are unavailable for withdrawal (for example, because they have not been finally collected or are subject to legal process);

(b) if a computer system, ATM, or POS terminal was not working properly and you knew about the problem when you started the transaction;

(c) if a merchant refuses to honor the Card;

(d) if circumstances beyond our control (such as fire, flood, terrorist attack or national emergency) prevent the transaction, despite reasonable precautions that we have taken;

(e) if you attempt to use a Card that has not been properly registered or activated;

(f) if a Sales Agent or an employee of a Sales Agent where the Card was either purchased or loaded did not properly transmit information to Green Dot;

(g) if the Card has been reported as lost or stolen or has been suspended by us, if we have limited or revoked your Card privileges or if we have reason to believe the transaction is not authorized by you; or

(h) as otherwise provided in this Agreement.

 

Privacy Policy of Columbus Bank & Trust Company ("CB&T")

 This Privacy Policy is provided by Columbus Bank & Trust Company, Columbus, Georgia ("CB&T" or "we" or "us"), the issuer of your stored value card ("Stored Value Card"). CB&T is part of Synovus Financial Corp., ("Synovus") a financial services company. If you have other relationships with CB&T or other members of Synovus, you may receive separate privacy policies that will apply to those relationships. This Privacy Policy applies only to your Stored Value Card relationship.

 Your Stored Value Card is administered by our joint partner Green Dot Corporation ("GDC"). When you call to activate your Card, you will be asked to provide information about yourself. The information you give during activation is being collected by both Green Dot and CB&T. Personal information about you will be used by CB&T as described in this Privacy Policy.

 You understand and agree that GDC also will receive and use the information you provide so that GDC may offer you other products and services. GDC's use of information about you will not be governed by this Privacy Policy; instead, GDC's privacy policy will govern how GDC uses the information you provide to GDC.

 Please note, if you have a relationship with other companies that offer you products and services in conjunction with your Stored Value Card (including GDC), this Privacy Policy will not apply to the information those companies collect. The privacy policies of those companies will govern how they collect, use and share information.

Our Commitment: At CB&T, protecting the privacy of the nonpublic personal information ("Information") you share with us is one of our most important priorities. We value your trust and want you to understand what Information we collect, how we keep it safe, and how we share it.

 This Privacy Policy includes examples of the types of Information we collect and the kind of companies with which we share such Information. We give you these examples to help you understand our Privacy Policy; they are not a complete listing of our Information collection and sharing practices.

 You may have other privacy rights in some states, such as Vermont and California. To the extent these state laws apply, we will comply with them when we share Information about you. For example, if your Store Valued Card has a Vermont address, we will not share credit report information about you with our related family of companies, unless you permit us to do so. In addition, we will not share Information about you with unrelated companies except:

  With companies that do marketing or other services for us;

  Contact information (such as name and address) and transaction information (such as your payment history) with other financial companies with which we have joint marketing agreements;

  With your authorization; and

  As permitted by law.

 

 Below is our Stored Value Card privacy statement to our customers.

Information We May Collect

 In order to give you products and services you request, to service your Stored Value Card, and as we believe is helpful to decide your eligibility for products or services, we collect the following types of Information about you from the following sources:

  Information we get from you (or is given to us on your behalf) on applications and other forms, such as your name, address, telephone number, and date of birth;

  Information about your transactions with us or others, such as your Stored Value Card balance, parties to transactions, and where and how you reload and use your Stored Value Card; and

  Information we may get from a consumer reporting agency, such as your credit score and credit history.

 

Information We May Share and With Whom We May Share Information

 CB&T may share all of the Information described above, as permitted by law. For example, we may use related companies within Synovus and unrelated companies, such as GDC, to perform services for us, such as taking customer calls, processing your Stored Value Card transactions, preparing your Stored Value Card statements, and providing software for us. In addition, we may share information with GDC to enable you to use your Stored Value Card to purchase particular goods or services. We also may share Information to answer questions from law enforcement agencies or state and federal banking regulators.

Information Regarding Former Customers

 We share Information about former Stored Value Card customers, or Stored Value Card customers with inactive Stored Value Cards, only in accordance with this Privacy Policy.

Our Security Procedures

 We limit use of Information about you to those employees whom we believe have a legitimate business purpose to access such Information. We maintain physical, electronic, and procedural safeguards that comply with federal standards to keep Information about you safe.

Changes to This Privacy Policy

 We may change, add to, delete, amend or replace this Privacy Policy at any time. If we make material changes, additions, deletions or amendments, or if we replace this Privacy Policy, we will provide current customers with a revised notice that describes our new practices and will post a notice of the change (or an amended Privacy Policy) at the www.greendot.com website. Your continued use of your Stored Value Card following such notification will constitute evidence of your agreement to the revised Privacy Policy.

Privacy Policy of Green Dot Corporation ("Green Dot")

 Green Dot values your trust and respects your expectation of privacy. As such, we are committed to maintaining the confidentiality of your personal information. This document outlines how your personal information will be used by Green Dot.

 Your Card is issued by our partner, Columbus Bank & Trust Company ("CB&T"), which is a part of Synovus Financial Corporation. When you call to activate your Card, you will be asked to provide information about yourself. The information you give during activation is being collected by both Green Dot and CB&T. You understand and agree that Green Dot and CB&T will use this information and that CB&T's use will not be governed by this Policy; instead, CB&T's privacy policy will govern its use of your personal information.

Our Collection and Use of Information About You.  We collect nonpublic personal information about you in order to understand your needs, administer our business, process your transactions, and provide you with products and services. We obtain nonpublic personal information about you from the following sources:

  Information you provide to us by telephone, on applications, in membership requests, at our web site, and on other forms (such as your name, address, telephone number and date of birth);

  Information you provide to us in connection with sweepstakes, contests or other promotions;

   Information about your transactions with us, joint marketers, or others (such as your card balance, payment history, parties to transactions, and card usage); and

   Information we receive from a consumer reporting agency (such as your creditworthiness and credit history).

 

Our Disclosure of Information.  We may disclose all of the personal information we collect at activation to financial institutions with whom we have joint marketing agreements, such as insurance agents and card issuers, so that they can market goods and services to you. We also may disclose:

  Some of this information, such as your name and address, to companies that perform marketing services on our behalf (e.g., to companies that assist us with mailings).

  Information about your Card, membership, and transactions: (a) where it is necessary or helpful to effect, process or confirm your membership and transactions; (b) to verify the existence and availability of funds associated with your Card; (c) to comply with legal process, such as subpoenas and court orders; (d) to law enforcement authorities if we believe a crime has been committed; and (e) if you give us your consent.

  Information provided in connection with sweepstakes, contests and other promotions to affiliated or non-affiliated third parties in order to enable and facilitate your participation in those activities. Some of our sweepstakes, contests and other promotions may be co-sponsored or administered by another company.

 

 We do not disclose nonpublic personal information about our current or former customers to unaffiliated third parties except as set forth in this policy or as permitted by law.

Information Security.  We restrict access to nonpublic personal information about you to those employees who have a need to know such information (e.g., to process your transactions or provide services to you). We train our employees on the importance of customer privacy and confidentiality. We also maintain physical, electronic, and procedural safeguards that comply with federal standards to guard your nonpublic personal information.

Other Privacy Rights. We will comply with applicable state laws regarding the information we share about you. Certain state laws restrict the types of information that we may disclose about you or require that we provide you with additional notices or opt-out rights. If our records reflect that you are a resident of Vermont, for example, our sharing of information about you with nonaffiliated third parties with whom we have joint marketing agreements will be limited to information about your name, contact information, and our own transactions and experiences with you.

Maintaining Accurate Information.  We have a process in place that helps us to maintain the accuracy of the personally identifiable information that we collect. Please visit our website at the website address on the back of your Card to review and correct information about yourself, such as a change in your name, address or e-mail address. If you believe that our information is inaccurate or incomplete, you also can contact us at the number on the back of your Card or the address listed below and ask us to correct or update our information.

Changes to this Policy.  We may amend (add to, delete, or change) the terms of this Privacy Policy from time to time by posting a notice of the change (or an amended Privacy Policy) at our website at the website address on the back of your Card. If required by law, we will send you a notice of the change. Your continued use of your Card or any service following such notification will constitute evidence of your agreement to the revised Policy.

Questions. If you have any questions regarding this Policy, you can call us at the number on the back of your Card or write to us at Green Dot Customer Service, P.O. Box 1187, Monrovia, California 91017.