Patriot Bank

CUSTOMER SERVICE CONTACT INFORMATION:

• Address: PO Box 307 New Hyde Park NY 11040
• Email Address: customerservice@AvidPrepaid.com
• Website: www.AvidPrepaid.com
• Phone Number: (800) 221-6192

This Cardholder Agreement (“Agreement”) sets forth the terms and conditions under which the Avid Prepaid Visa Card Account (“Card””Card Account” or “Account”) has been issued to you by Patriot Bank National Association. "You" and "your" means the person or persons who have received and are authorized to use the Card as provided for in this Agreement. "We", "us", and "our" mean collectively Patriot Bank National Association, a federally-chartered savings bank member FDIC and its divisions or assignees. The Card is nontransferable, and it may be canceled at any time without prior notice, subject to applicable law. Please read this Agreement carefully and keep it for future reference. Your full fee schedule, otherwise known as the “Long Form” is attached to and considered part of this Agreement.

1. About Your Card

Your Card is a reloadable prepaid card which allows you to access funds loaded to your Card account. You should treat your Card with the same care as you would treat cash. We encourage you to sign your Card when you receive it. This Card is intended for personal, family, or household use and not intended for business purposes. Your Card account does not constitute a checking or savings account and is not connected in any way to any other account you may have. The Card is not a gift card nor is it intended to be used for gifting purposes. The Card is not a credit card. You will not receive any interest on the funds in your Card account. We may close your Card account at any time or refuse to process any transaction that we believe may violate the terms of this Agreement or represents illegal or fraudulent activity. You are responsible for notifying us immediately upon any change to your address, phone number, or email address. If your address changes to a non-US address, we may cancel your Card and return funds to you in accordance with this Agreement. The Card will remain the property of the Bank and must be surrendered upon demand. The Card and its associated account is nontransferable and may be canceled, repossessed, or revoked at any time without prior notice. Please read this Agreement carefully and keep it for future reference.

2. Verifying Your Card

Important information for opening a Card account: To help the federal government fight the funding of terrorism and money laundering activities, the USA PATRIOT Act requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who opens a Card.

What this means for you: When you request a Card, we will ask for your name, street address, date of birth, and other information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other documents at any time. You may be limited in use and features until we have been able to successfully verify your identity.

Eligibility and Activation

To be eligible to use and activate the Card you represent and warrant to us that:

• You are at least 18 years of age;
• The personal information that you have provided to us is true, correct, and complete;
• You have read this Agreement and agree to be bound by and comply with its terms;
• You have not been previously prohibited from using services provided by our bank or been barred from receiving similar services under the laws of the United States;
• You agree to comply with all federal, state, and local laws and regulations when using the Card.

3. UNAUTHORIZED TRANSACTIONS

Contact in Event of Unauthorized Transfer

If you believe your Card has been lost or stolen, call or write Customer Service IMMEDIATELY at the contact information found at the beginning of this Agreement.

Your Liability for Unauthorized Transactions

Tell us AT ONCE if you believe your Card has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Calling Customer Service is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within 2 business days after you learn of the loss or theft of your Card, you can lose no more than $50 if someone used your Card without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card, and we can prove we could have stopped someone from using your Card without your permission if you had told us, you could lose as much as $500.

If your electronic history shows transfers that you did not make, including those made by your Card or other means, tell us at once. If you do not tell us within the earlier of (1) sixty (60) days after the date you electronically access your Account or (2) sixty (60) days after the date we sent the FIRST written history on which the error appeared, you may not get back any value you lost after the sixty (60) or one hundred and twenty (120) day period, if we can prove that we could have stopped someone from taking the value if you had notified us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

Your Card may have some additional protections against unauthorized use:

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

Business Days

For purposes of this Agreement, our business days are Monday through Friday, excluding Federal holidays. Customer Service hours may differ.

4. USING YOUR CARD

Accessing and Loading Funds

Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction and applicable fees. If you use your Card number without presenting your Card (such as for an internet transaction, a mail order, or a telephone purchase), the legal effect will be the same as if you used the Card itself. You may use your Card to purchase or lease goods or services wherever your Card is honored, as long as you do not exceed the value available in your Card account.

Your Card can also be used to:

• Load funds to your Card account;
• Transfer funds between your Card accounts whenever you request;
• Purchase goods or services wherever your Card is honored as long as you do not exceed the value available in your Card Account or the Daily Limit (as defined in the table below);
• Withdraw cash from your Card Account (as described in the Section below titled “Using Your Card to Get Cash”).

You CANNOT use your Card to:

• (i) exchange your Card for its cash value;
• (ii) perform any illegal transactions;
• (iii) use the bank routing number and account number to make a debit transaction with any item processed as a check (these debits will be declined and your payment will not be processed);
• (iv) make business-related transactions.

In addition, YOU ARE NOT PERMITTED TO EXCEED THE AVAILABLE AMOUNT IN YOUR CARD ACCOUNT THROUGH AN INDIVIDUAL TRANSACTION OR A SERIES OF TRANSACTIONS. Nevertheless, if a transaction exceeds the balance of the funds available in your Card account, you will remain fully liable to us for the amount of the transaction and agree to pay us promptly for the negative balance. If your Card has a negative balance, any deposits will be used to offset the negative balance. We may also use any deposit or balance on another Card you have with us to offset a negative balance on this Card.

Loading the Card account

You may add funds to your Card, called “loading” by:

• (i) Automated Clearing House ("ACH") loads (e.g., direct deposit);
• (ii) Loading cash at one of our authorized reload locations (a list is available on our website or by calling Customer Service where locations can be found).

See the Limits table below for limitations on amount and frequency for different load methods. Each load may be subject to a fee as set out in the Long Form. If you arrange to have funds transferred directly to your Card from a third party through an ACH load, you must enroll with the third party by providing the bank routing number and direct deposit account number that we provide you. only federal payments that may be loaded to your Card via ACH credit are federal payments for the benefit of the primary cardholder or an authorized beneficiary. If you have questions about this requirement, please call Customer Service.We will reject any loads that exceed the maximum balance allowed on your Card. There are also maximum load restrictions we may place on your Card when aggregated with any other Cards you have. You agree to present your Card and meet identification requirements to complete load transactions as may be required from time to time.

You will be provided with our Bank routing number and assigned a Card Number once your identity has been verified. Our Bank routing number and your assigned twelve to fourteen digit Account Number are for the purpose of receiving direct deposits to your Card Account and authorized automated clearinghouse (“ACH”) debit transactions only. The 16 digit Card Number embossed or printed on your Card should not be used for these types of transactions as they will be rejected. You are not authorized to use our routing number and Card Account Number if you do not have sufficient funds in your Card Account or to make a debit transaction with a paper check, check-by-phone or other item processed as a check. These debits will be declined, and your payment will not be processed. You also may be assessed an ACH Decline Fee (see the “List of all Fees (“Long Form”) for Avid Prepaid Visa Card".

Direct Deposit Early Access. How early you receive your payment will depend on your deposit type. The Early Access program from Avid Prepaid allows you to receive your funds when the Government or an employer sends notification that it intends to make a payment to you. For Government payments this varies by month and by government agency, for example SSI and VA Early Access payments are usually made 4 business days early or up to 6 calendar days and SSA payments that are paid on Wednesdays are usually paid on the preceding Friday or 5 calendar days early. All government payments are subject to notification from the Department of Treasury each month and may change any time.

There is an additional charge for the 'Early Access Direct Deposit feature' in the “List of all Fees (“Long Form”) for Avid Prepaid Visa Card attached to this Agreement. You are not required to elect this feature on your deposits and can avoid this fee by informing us of your preference to receive your monthly benefits or other deposits on the original ACH effective date either by calling Customer Service, emailing us at: @AvidPrepaid.com or writing to us. Avid Prepaid nor Patriot Bank can guarantee the early delivery of funds.

Split Transactions: If you do not have enough funds available in your Card account, you may be able to instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with another form of payment. These are called “split transactions.” Some merchants do not allow cardholders to split transactions or will only allow you to do a split transaction if you pay the remaining amount in cash.

Secondary Cards

You may authorize up to four additional Companion Cards. Companion Card cardholders must be 13 years or older and Companion Card accounts will may only be funded by the Primary Card account. Companion Cards are restricted to the following uses:

(i) General purchases

(ii) Transferring funds between to/from Primary Card accounts.

The primary cardholder is responsible for the entire account, including all additional Companion Cards. If you permit an unauthorized person to have access to any Card or Card Number, you are liable for all transactions made with an Card, Card Number, or Account Number, and all related fees incurred by those persons. To cancel a Companion Card, call the toll-free number on the back of your Card or our customer service phone number and you must follow-up no later than 10 business days with the written notification by email at our customer service email address or in writing to our customer service address. to revoke (cancel) permission for any person you previously authorized to have a Companion Card.

Limits

Foreign Transactions

If you obtain your funds (or make a purchase) in a currency or country other than the currency or country in which your Card was issued ("Foreign Transaction"), the amount deducted from your funds will be converted by the network or card association that processes the transaction into an amount in the currency of your Card. The rate they choose is either:

• (i) selected from the range of rates available in wholesale currency markets (which may vary from the rate the association itself receives), or
• (ii) the government-mandated rate in effect for the applicable central processing date.

The conversion rate selected by the network is independent of any fee that we charge as compensation for our services. You will be charged a fee for Foreign Transactions in U.S. dollars as disclosed in the Long Form. If the Foreign Transaction results in a credit due to a return, we will not refund any fee that may have been charged on your original purchase.

5. CONFIDENTIALITY

We may disclose information to third parties about your Card account or the transactions you make:

• Where it is necessary for completing transactions;
• In order to verify the existence and condition of your Card account for a third party, such as a merchant;
• In order to comply with government agency or court orders or other legal reporting requirements;
• If you give us your written permission;
• To our employees, auditors, affiliates, service providers, authorized agents, or attorneys as needed; or
• As otherwise necessary to fulfill our obligations under this Agreement or as provided for in our Privacy Policy for Consumers.

6. DOCUMENTATION

Receipts

You may be able to get a receipt at the time you make any transfer to or from your account using an ATM or point-of-sale terminals. You may need a receipt in order to verify a transaction with us or the merchant.

Account History and Balance

You may obtain information about your Card balance by calling Customer Service. This information, along with a 12–month history of account transactions, is also available online at the Website mentioned above. You also have the right to obtain at least 24 months of written history of account transactions by calling or by writing Customer Service. You will not be charged a fee for this information unless you request it more than once per month.

7. TRANSACTIONS AND PREAUTHORIZED TRANSFERS

Preauthorized Transfers

The Issuer’s bank routing number and the 12-digit Direct Deposit account number assigned to your Card Account can be used for preauthorized direct debits from merchants, internet service, or other utility service providers (“Merchants”) and for the purpose of initiating direct deposit to your Card Account. You may also arrange to make recurring payments to Merchants using your 16-digit Card number.

Right to stop payment and procedure for doing so

If you have told us in advance to make regular payments out of your Card account, you can stop any of these payments. Call or write to Customer Service at the contact information located at the beginning of this Agreement in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.

Notice of varying amounts

If these regular payments vary in amount, the person you are paying should tell you at least 10 days before each payment when it will be made and how much it will be.

Liability for failure to stop payment of preauthorized transfer

If you order us to stop one of these payments three business days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.

Our liability for failure to complete transactions

If we do not complete a transaction to or from your Card account on time or in the correct amount according to our Agreement with you, we will be liable for your losses and damages proximately caused by us. However, there are some exceptions. We will not be liable, for instance:

• If through no fault of ours, you do not have enough funds available in your Card account to complete the transaction;
• If a merchant refuses to accept your Card;
• If an ATM where you are making a cash withdrawal does not have enough cash;
• 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;
• If access to your Card has been blocked after you reported your Card or PIN lost or stolen;
• If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
• If we have reason to believe the requested transaction is unauthorized;
• 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
• For any other exception stated in our Agreement with you.

ATM Fees

When you use an ATM not owned by us, you may be charged a fee by the ATM operator (and you may be charged a fee for a balance inquiry even if you do not complete a funds transfer).

Preauthorized Credits

If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, the person or company making the deposit should tell you every time they send us the money. You can call Customer Service to find out whether or not the deposit has been made.

Authorization Holds

With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), your Card may be “preauthorized” for an amount greater than the transaction amount to cover gratuity or incidental expenses. 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. During this time, you will not have access to preauthorized amounts. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds.

Car rentals, hotels and other service-oriented merchants may choose to factor in additional amounts upon check-in, and it may take up to 60 days after your stay or your rental to have any excess amounts held by the hotel or rental company added back to your available balance. Similarly, some gas stations may factor in additional amounts to cover potential filling of the tank; if you want to avoid such a hold, you may want to pay inside the gas station, instead of paying at the pump. Until the transaction finally settles, the funds subject to the hold will not be available to you for other purposes. We will only charge your Card for the correct amount of the final transaction, and we will release any excess amount when the transaction finally settles.

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

8. Error Resolution Procedures

If you think an error has occurred in your prepaid account, call or write to Customer Service at the contact information located at the beginning of this Agreement. We must allow you to report an error until 60 days after the date you electronically access your account. You may request a written history of your transactions at any time by calling or writing Customer Service. You will need to tell us:

• Your name and prepaid account or Card number.
• Why you believe there is an error and the dollar amount involved.
• 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 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 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 you need more information about our error-resolution procedures, call Customer Service or visit our Website.

9. ADDITIONAL TERMS OF THE AGREEMENT

Personal Identification Number (“PIN”)

You will not receive a Personalized Identification Number ("PIN"). After you activate your Card and your identity has been verified, you will be prompted to select a PIN through the website or by calling Customer Service. You should not write or keep your PIN with your Card. Never share your PIN with anyone 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 contact Customer Service immediately.

Returns and Refunds

If you are entitled to a refund for any reason for goods or services obtained with your Card, the return and refund will be handled by the merchant. If the merchant credits your Card, the credit may not be immediately available. While merchant refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction, and the refund may not be available for a number of days after the date the refund transaction occurs. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.

Card Replacement and Expiration

If you need to replace your Card for any reason, please contact Customer Service. See the Long Form for applicable fees. Please note that your Card has a “Valid Thru” date on the front of the Card. You may not use the Card after the “Valid Thru” date on the front of your Card. However, even if the “Valid Thru” date has passed, the available funds on your Card do not expire. You will not be charged a fee for replacement cards that we send due to expiration of the Card.

Authorized Users

If you allow another person to use the Card, you will be responsible under this Agreement for all transactions made by that person, regardless of whether you intended to be responsible for all of them, as well as all associated fees and charges, even if any of those transactions, fees, or charges caused your balance to go negative.

Communications

You agree that we may monitor and record any calls or other communications between us and you. You also agree that we or our service providers may contact you with any contact information you provide to us, including cellular and wireless phone numbers, landline numbers, and email addresses. You also agree that we or our service providers may contact you by using an automated dialing or email system, by text, or artificial or recorded voice. You agree to pay any service charges assessed by your plan provider for communications we send or make to you or that you send or make to us.

Delivery of Electronic Communications

The following E-Communication Disclosure (“Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your Card Account and any related products and services (“Communications”) to the extent you have consented to receiving such Communications electronically.

Scope of Communications to Be Provided in Electronic Form

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

• All legal and regulatory disclosures and communications associated with your Card Account and any related products or services
• Your Cardholder Agreement and any notices about a change in terms of your Cardholder Agreement
• Privacy policies and notices
• Error resolution policies and notices
• Responses to claims filed in connection with your Card Account
• Notices regarding insufficient funds or negative balances

Method of Providing Communications to You in Electronic Form

All Communications that we provide to you in electronic form will be provided either (1) by access to a website that we will designate in an email notice we send to you at the time the information is available, or (2) by posting such Communications at www.AvidPrepaid.com.

How to Withdraw Consent

You may withdraw your consent to receive Communications in electronic form at any time by calling Customer Service, by visiting our website, or by writing to us. If you do withdraw your consent, we will close your Card Account except where prohibited by law. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your request for withdrawal. In the meantime, you will continue to receive Communications in electronic form. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.

How to Update Your Records

It is your responsibility to provide us with your true, accurate, and complete email address, your contact information, and other information related to this Disclosure and your Card Account and to maintain and update promptly any changes in this information. You can update information (such as your email address) through our website or by calling Customer Service.

Hardware and Software Requirements

In order to access, view, and retain Communications that we make available to you electronically, you must have:

• An Internet browser that supports 128-bit encryption
• Microsoft Internet Explorer 6.0 or above or the equivalent software
• Sufficient electronic storage capacity on your computer's hard drive or other data storage unit
• An email account with an Internet service provider and email software
• A personal computer operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us via a plain text-formatted email or by access to our website using a supported browser
• Adobe Reader version 9.0 or higher

Requesting Paper Copies.

We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, call Customer Service , visit our website or write to us.

Termination/Changes.

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

10. LEGAL NOTICES

English Language Controls

Translations of this Agreement that may have been provided are for your convenience only and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language.

Account Closure

You may close your Card at any time by contacting Customer Service. Your request for Card closure will not affect any of our rights or your obligations arising under this Agreement prior to the request. Should your Card account be closed, we will issue you a credit for any unpaid balances, subject to fees as disclosed in the Long Form. We reserve the right to close your Card account without notice for any reason.

Assignability

You may not assign or transfer your Card or your obligations under this Agreement. We may, however, transfer or assign our rights under this Agreement, including any balances in your Card account. If we assign our rights, you will get a notification from us.

Legal Process

Regardless of where or how we are served, we will comply with any state or federal legal process, including without limitation any writ of attachment, adverse claim, execution, garnishment, tax levy, restraining order, subpoena, or warrant we believe to be valid relating to you or your Card. You agree that we will honor legal process that is served personally, by mail, or by facsimile transmission at any of our offices (including locations other than where the funds, records, or property sought is held), even if the law requires personal delivery at the office where your Card account records are maintained. You agree that we will have no liability to you for honoring any such legal process. You also agree that we will have no obligation to assert on your behalf any applicable exemptions to execution or attachment under any applicable state or federal law. We will enforce a right of security interest against any of your Card accounts in order to reimburse us for our fees and expenses, including attorneys’ fees, court costs, and expenses in complying with legal process. We may refuse to permit withdrawals or transfers from your account until such legal process is satisfied or dismissed, even if such action results in insufficient funds to satisfy an obligation you may have incurred. We may deduct such expenses from your Card account or any other account you may have with us without prior notice to you, or we may bill you directly for such expenses and fees. You agree to release, indemnify, defend, and hold us harmless from all actions, claims, liabilities, losses, costs, and damages, including without limitation attorneys’ fees associated with our compliance with any legal process. When we receive an order instructing us to restrict access to funds in a Card account, we may remove the funds from the account and maintain them separately.

Unclaimed Property

If your account becomes inactive (e.g., if you do not use the funds in your account or access your account for a certain period of time), applicable law may require us to report the funds in your account as unclaimed property. If this occurs, we may try to locate you at the address shown in our records. If we are unable to locate you, we may be required to deliver any funds in your account to the applicable state as unclaimed property. The specified period of time to report and send funds in an inactive account to a state varies by state but usually ranges between two and five years.

Severability

This Agreement will be enforced to the fullest extent permitted under applicable law. If any provision of the Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Agreement will remain in effect. Neither the Issuer nor Visa waives its rights by delaying or failing to exercise them at any time.

Limitation of Liability

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER WE NOR THE PARTIES WITH WHOM WE CONTRACT TO OFFER THE CARDS, YOUR ACCOUNT, AND RELATED SERVICES, AND ANY PARENTS, SUBSIDIARIES, AND OTHER AFFILIATES OF ANY OF THE FOREGOING (THE “LIMITED PARTIES”), AND ALL LIMITED PARTIES’ EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS ARE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE CARDS, THE SERVICES, ANY PRODUCTS OR SERVICES PURCHASED USING A CARD, OR THIS AGREEMENT (AS WELL AS ANY RELATED OR PRIOR AGREEMENT THAT YOU MAY HAVE HAD WITH US).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THE LIMITED PARTIES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $10.

Other Notices

You agree that we may modify this Agreement or any other terms, policies, or guidelines at any time in our sole discretion, except as otherwise required by applicable law. Any new agreement will be effective immediately by posting a new agreement and updating the “Last Updated” date at the top of these terms, except as otherwise required by law. Changes made for security purposes may be implemented without prior notice. You agree that even if you have not personally visited the website with the new terms of this Agreement, the new version of the Agreement will have full force immediately. To the extent permitted by applicable law, you agree to waive any right you may have to receive additional notice of such changes. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications.

You should frequently review these terms and all applicable terms, policies, and guidelines to understand the terms and conditions that apply to your use. You will be notified of any change to this Agreement in the manner required 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 do not waive our rights by delaying or failing to exercise them at any time (for example, assessing a fee less than described or not all for any reason does not waive our right to begin charging the fee as set forth in this Agreement without notice). If any provision of this Agreement is 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 will not be affected.

This Agreement will be governed by the law of the state of Connecticut, except to the extent governed by federal law. Should your Card have a remaining balance after a certain period of inactivity, we may be required to remit the remaining funds to the appropriate state agency. This Agreement comprises the entire agreement between you and us with respect to the above subject matter and supersedes and merges all prior proposals, understandings, and contemporaneous communications. The provisions related to indemnification, limitation of liability, arbitration, and any other provisions necessary to give effect to a party’s rights shall survive the termination of the Agreement, the bankruptcy of any party, any transfer, sale, or assignment of the Card, or expiration of the Card.

11. JURY TRIAL WAIVER

You and we acknowledge that the right to trial by jury is a constitutional right, but may be waived in certain circumstances. To the extent permitted by law, you and we knowingly and voluntarily waive any right to trial by jury in the event of litigation arising out of or related to this Agreement. This jury trial waiver will not affect or be interpreted as modifying in any fashion the arbitration clause set forth in the following section, which contains its own jury trial waiver.

12. ARBITRATION CLAUSE

We have put this Arbitration Clause in question and answer form to make it easier to follow. However, this Arbitration Clause is part of this Agreement and is legally binding. For purposes of this section, our “Notice Address” is: Patriot Bank N.A. Attn: Customer Service 900 Bedford St Stamford CT 06901.

Question	Short Answer	Further Detail
What is arbitration?	An alternative to court	In arbitration, a third-party arbitrator (“Arbitrator”) solves Disputes in an informal hearing.
Is it different from court and jury trials?	Yes	The hearing is private. There is no jury. It is usually less formal, faster, and less expensive than a lawsuit. Pre-hearing fact finding is limited. Appeals are limited. Courts rarely overturn arbitration awards.
Can you opt-out of this Arbitration Clause?	Yes, within 60 days	If you do not want this Arbitration Clause to apply, you must send us a signed notice within 60 calendar days after you purchase the Card. You must send the notice in writing (and not electronically) to our Notice Address. Provide your name, address, and Card number. State that you “opt out” of the Arbitration Clause.
What is this Arbitration Clause about?	The parties' agreement to arbitrate Disputes	Unless prohibited by applicable law and unless you opt out, you and we agree that you or we may elect to arbitrate or require arbitration of any "Dispute" as defined below.
Who does the Arbitration Clause cover?	You, us, and certain "Related Parties"	This Arbitration Clause governs you and us. It also covers certain "Related Parties": (1) our parents, subsidiaries, and affiliates; (2) our employees, directors, officers, shareholders, members, and representatives; and (3) any person or company that is involved in a Dispute you pursue at the same time you pursue a related Dispute with us.
What Disputes does the Arbitration Clause cover?	All Disputes (except certain Disputes about this Arbitration Clause)	This Arbitration Clause governs all “Disputes” that would usually be decided in court and are between us (or any Related Party) and you. In this Arbitration Clause, the word “Disputes” has the broadest reasonable meaning. It includes all claims even indirectly related to your Card or this Agreement. It includes claims related to the validity in general of this Agreement. However, it does not include disputes about the validity, coverage, or scope of this Arbitration Clause or any part of this Arbitration Clause. (This includes a Dispute about the rule against class arbitration.) All such disputes are for a court and not an Arbitrator to decide.
Who handles the arbitration?	Usually AAA or JAMS	Arbitrations are conducted under this Arbitration Clause and the rules of the arbitration administrator in effect when the arbitration is started. However, arbitration rules that conflict with this Arbitration Clause do not apply. The arbitration administrator will be either: The American Arbitration Association ("AAA") 1633 Broadway 10th Floor New York NY 10019 www.adr.org. JAMS 620 Eighth Avenue 34th Floor New York NY 10018 www.jamsadr.com Any other company picked by agreement of the parties. If all the above options are unavailable, a court will pick the administrator. No arbitration may be administered without our consent by any administrator that would permit a class arbitration under this Arbitration Clause. The arbitrator will be selected under the administrator's rules. However, the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless you and we otherwise agree.
Can Disputes be litigated?	Sometimes	Either party may bring a lawsuit if the other party does not demand arbitration. We will not demand arbitration of any lawsuit you bring as an individual action in small-claims court. However, we may demand arbitration of any appeal of a small-claims decision or any small-claims action brought on a class basis.
Are you giving up any rights?	Yes	For Disputes subject to this Arbitration Clause, you give up your right to: Have juries decide Disputes. Have courts other than small-claims courts decide Disputes. Serve as a private attorney general or in a representative capacity. Join a Dispute you have with a dispute by other consumers. Bring or be a class member in a class action or class arbitration. We also give up the right to a jury trial and to have courts decide Disputes you wish to arbitrate.
Can you or another consumer start a class arbitration?	No	The Arbitrator is not allowed to handle any Dispute on a class or representative basis. All Disputes subject to this Arbitration Clause must be decided in an individual arbitration or an individual small-claims action. This Arbitration Clause will be void if a court rules that the Arbitrator can decide a Dispute on a class basis and the court's ruling is not reversed on appeal.
What law applies?	The Federal Arbitration Act (“FAA”)	This Agreement and the Cards involve interstate commerce. Thus, the FAA governs this Arbitration Clause. The Arbitrator must apply substantive law consistent with the FAA. The Arbitrator must honor statutes of limitation and privilege rights. Punitive damages are governed by the constitutional standards that apply in judicial proceedings.
Will anything I do make this Arbitration Clause ineffective?	No	This Arbitration Clause stays in force even if: (1) you or we end this Agreement; or (2) we transfer or assign our rights under this Agreement.
Process
What must a party do before starting a lawsuit or arbitration?	Send a written Dispute notice and work to resolve the Dispute.	Before starting a lawsuit or arbitration, the complaining party must give the other party written notice of the Dispute. The notice must explain in reasonable detail the nature of the Dispute and any supporting facts. If you are the complaining party, you must send the notice in writing (and not electronically) to our Notice Address. You or an attorney you have personally hired must sign the notice and must provide the Card number and a phone number where you (or your attorney) can be reached. A letter from us to you will serve as our written notice of a Dispute. Once a Dispute notice is sent, the complaining party must give the other party a reasonable opportunity over the next 30 days to resolve the Dispute on an individual basis.
How does an arbitration start?	Mailing a notice.	If the parties do not reach an agreement to resolve the Dispute within 30 days after notice of the Dispute is received, the complaining party may commence a lawsuit or an arbitration subject to the terms of this Arbitration Clause. To start an arbitration, the complaining party picks the administrator and follows the administrator's rules. If one party begins or threatens a lawsuit, the other party can demand arbitration. This demand can be made in court papers. It can be made if a party begins a lawsuit on an individual basis and then tries to pursue a class action. Once an arbitration demand is made, no lawsuit can be brought, and any existing lawsuit must stop.
Will any hearing be held nearby?	Yes.	The Arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve a Dispute based on written filings and/or a conference call. However, any in-person arbitration hearing must be held at a place reasonably convenient to you.
What about appeals?	Very limited.	Appeal rights under the FAA are very limited. The Arbitrator’s award will be final and binding. Any appropriate court may enter judgment upon the arbitrator's award.
Arbitration Fees and Awards
Who bears arbitration fees?	Usually we do.	We will pay all filing, administrative, hearing, and Arbitrator fees if you act in good faith, cannot get a waiver of such fees, and ask us to pay.
When will we cover your legal fees and costs?	If you win.	If you win an arbitration, we will pay the reasonable fees and costs for your attorneys, experts, and witnesses. We will also pay these amounts if required under applicable law or the administrator's rules or if payment is required to enforce this Arbitration Clause. The Arbitrator shall not limit his or her award of these amounts because your Dispute is for a small amount.
Will you ever owe us for arbitration or attorneys' fees?	Only for bad faith.	The Arbitrator can require you to pay our fees if (and only if): (1) the Arbitrator finds that you have acted in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)); and (2) this power does not make this Arbitration Clause invalid.
Can an award be explained?	Yes.	A party may request details from the Arbitrator within 14 days of the ruling. Upon such request, the Arbitrator will explain the ruling in writing.

Prepaid card is issued by Patriot Bank National Association, Member FDIC, pursuant to a license by Visa USA, Inc.

Privacy Policy for Consumers

Facts	WHAT DOES PATRIOT BANK, N.A. DO WITH YOUR INFORMATION
Why	Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What	The types of personal information we collect and share depend on the product or service you have with us. This information can include: Social Security Number and income Transaction history and account balances Transaction or loss history and payment history When you are no longer our customer, we continue to share your information as described in this notice.
How	All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons PATRIOT BANK, N.A. chooses to share; and whether you can limit this sharing.

Reasons we can share your personal information	Does Patriot Bank N.A. share?	Can you limit this sharing?
For our everyday business purposes — such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus	Yes	No
For our marketing purposes — to offer our products and services to you	No	We don’t share
For joint marketing with other financial companies	No	We don’t share
For our affiliates’ everyday business purposes — information about transactions and experiences.	No	We don’t share
For our affiliates’ everyday business purposes — information about your creditworthiness	No	We don’t share
For our affiliates to market to you	No	We don’t share
For nonaffiliates to market to you	No	We don’t share

Who we are
Who is providing this notice?	PATRIOT BANK, N.A.
What we do
How does PATRIOT BANK, N.A. protect my personal information?	To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured fles and buildings.
How does PATRIOT BANK, N.A. collect my personal information?	We collect your personal information, for example, when you Open an account or apply for a loan Deposit money or use your credit or debit card Pay your bills We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
Why can’t I limit all sharing?	Federal law gives you the right to limit only Sharing for affiliates’ everyday business purposes— information about your creditworthiness Affiliates from using your information to market to you Sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing.
Definitions
Affiliates	Companies related by common ownership or control. They can be financial and nonfinancial companies. PATRIOT BANK, N.A. does not share with our affiliates.
Nonaffiliates	Companies not related by common ownership or control. They can be financial and nonfinancial companies PATRIOT BANK, N.A. does not share with our nonaffiliates so they can market to you
Joint Marketing	A formal agreement between nonaffiliated financial companies that together market financial products or services to you. PATRIOT BANK, N.A. doesn’t jointly market.

List of all Fees (“Long Form”) for Avid GO! Prepaid Visa Card

All Fees	Amount	Details
Get Started
Card activation fee	$4.95	A one-time new card fee for the Primary Card
Monthly Fee
Monthly fee	$0.00
Value load	$2.00	Per transaction. 3rd Party Load Networks charge additional fees. Please consult 3rd Party Load Network for a schedule of their fees and charges (Western Union, MoneyGram, and Visa Readylink).
Cash Reload	Up to $5.95	Per load. This is not our fee. Fees of up to $5.95 may apply when reloading your card at reload agents. Locations may be found at visit www.AvidPrepaid.com.
Early Access for Direct Deposit (Government Deposit/Non-Government Deposit)	$3.00/$2.00	Per deposit. This service requires you to opt in. You may opt in for this feature so you can receive your direct deposits prior to the effective date. You may opt out of this service at any time and receive your direct deposit on the original effective date either by calling us at (800) 221-6192 or (801) 893-7716 or by email at: customerservice@avidprepaid.com or in writing to Expanse Financial Technologies Inc – Avid Prepaid P.O. Box 307 New Hyde Park NY 11040.
Card to Card Transfer (Primary Account)	$2.00	There is a fee for a Card-to-Card Transfer from your Primary Card Account to another Primary Card Account via the web, mobile app, or customer service.
Companion transfers	$0.00	Per transaction no cost to transfer funds to/from companion accounts.
Spend Money
PIN Transaction Fee (Domestic)	$1.50	Per any domestic PIN based transaction.
Transaction Fee (Domestic)	$1.00	Per any domestic Signature based transaction.
PIN Transaction Decline Fee (Domestic)	$0.75	Per declined domestic PIN based transaction.
Signature Transaction Decline Fee (Domestic)	$0.75	Per declined domestic Signature based transaction.
Get Cash
ATM withdrawal	$3.00	This is our fee. You may also be charged a fee by the ATM operator even if you do not complete a transaction.
ATM balance inquiry (declined)	$0.75	This is our fee. You may also be charged a fee by the ATM operator even if you do not complete a transaction.
Over the counter (Bank Teller) withdrawal	3% with $5.00 minimum	Per withdrawal. 3% or $5.00 minimum charge of the amount whichever is greater plus bank operator fees if any.
Using the card outside the U.S.
ATM withdrawal (int’l)	$4.95	Per withdrawal, plus the foreign transaction surcharge and third-party ATM operator fees, if any
ATM withdrawal (declined) (int’l)	$2.00	Per declined international ATM transaction
ATM balance inquiry (int’l)	$2.00	Per inquiry, plus third-party ATM operator fees, if any
PIN Transaction (int’l)	$3.50	Per any international Pin based transaction
Signature purchase (int’l)	$2.95	Per any international Signature based transaction
PIN purchase (declined) (int’l)	$2.00	Per declined international PIN based transaction
Signature purchase (declined) (int’l)	$2.00	Per declined international Signature based transaction
Information
Customer service (automated system)	$0.35	10 free calls per month for calling our automated customer service line, including for balance inquiries, $0.35 per call thereafter. Refer to Sections 8b. “Account History and Balance” and 12. “Delivery of Electronic Communications” of the Cardholder Agreement.
Balance inquiry via Live Agent	$2.00	Per balance inquiry conducted through a live customer service representative.
ATM balance inquiry	$0.75	Per inquiry, plus third-party ATM operator fees, if any
ATM balance inquiry (declined)	$0.75	Per declined inquiry, plus third-party ATM operator fees, if any
Other
Inactivity	$5.95	Monthly after each 90-day period in which you do not load or unload funds to your Card Account or use your Card Account to make a purchase or an ATM withdrawal or until new activity is conducted.
Bill payments (merchant initiated	$2.00	Per payment made to a merchant using your Account Number.
Card Replacement	$5.00	Per card. 7-10 Business days.
Electronic Withdrawal	$1.00	Per withdrawal sent to a 3rd Party account
Account Closure/Balance Refund	$10.00	See Section 28. “Amendment and Cancellation” terms when applicable and not applicable in the Cardholder Agreement.
Expedited replacement card	$25.00	Fee for expedited card delivery.

Your funds are eligible for FDIC insurance. Your funds will be held at or transferred to Patriot Bank, N.A., an FDIC - insured institution. Once there, your funds are insured up to $250,000 by the FDIC in the event Patriot Bank fails, if specific deposit insurance requirements are met. See fdic.gov/deposit/deposits/prepaid.html for details.

No overdraft/credit feature.Contact Customer Service by calling (800) 221-6192, by mail at PO Box 307, New Hyde Park, NY 11040 or visit www.Avid Prepaid.com For general information about prepaid accounts, visit cfpb.gov/prepaid. If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1- 855-411-2372 or visit cfpb.gov/complaint

List of all Fees (“Long Form”) for Avid Select Prepaid Visa Card

All Fees	Amount	Details
Get Started
Card activation fee	$4.95	A one-time new card fee for the Primary Card
Monthly Fee
Monthly fee	$5.95
Value load	$2.00	Per transaction. 3rd Party Load Networks charge additional fees. Please consult 3rd Party Load Network for a schedule of their fees and charges (Western Union, MoneyGram, and Visa Readylink).
Cash Reload	Up to $5.95	Per load. This is not our fee. Fees of up to $5.95 may apply when reloading your card at reload agents. Locations may be found at visit www.AvidPrepaid.com.
Early Access for Direct Deposit (Government Deposit/Non-Government Deposit)	$3.00/$2.00	Per deposit. This service requires you to opt in. You may opt in for this feature so you can receive your direct deposits prior to the effective date. You may opt out of this service at any time and receive your direct deposit on the original effective date either by calling us at (800) 221-6192 or (801) 893-7716 or by email at: customerservice@avidprepaid.com or in writing to Expanse Financial Technologies Inc – Avid Prepaid P.O. Box 307 New Hyde Park NY 11040.
Card to Card Transfer (Primary Account)	$2.00	There is a fee for a Card-to-Card Transfer from your Primary Card Account to another Primary Card Account via the web, mobile app, or customer service.
Companion transfers	$0.00	Per transaction no cost to transfer funds to/from companion accounts.
Spend Money
PIN Transaction Fee (Domestic)	$0.00	Per any domestic PIN based transaction.
Transaction Fee (Domestic)	$0.00	Per any domestic Signature based transaction.
PIN Transaction Decline Fee (Domestic)	$0.75	Per declined domestic PIN based transaction.
Signature Transaction Decline Fee (Domestic)	$0.75	Per declined domestic Signature based transaction.
Get Cash
ATM withdrawal	$3.00	This is our fee. You may also be charged a fee by the ATM operator even if you do not complete a transaction.
ATM balance inquiry (declined)	$0.75	This is our fee. You may also be charged a fee by the ATM operator even if you do not complete a transaction.
Over the counter (Bank Teller) withdrawal	3% with $5.00 minimum	Per withdrawal. 3% or $5.00 minimum charge of the amount whichever is greater plus bank operator fees if any.
Using the card outside the U.S.
ATM withdrawal (int’l)	$4.95	Per withdrawal, plus the foreign transaction surcharge and third-party ATM operator fees, if any
ATM withdrawal (declined) (int’l)	$2.00	Per declined international ATM transaction
ATM balance inquiry (int’l)	$2.00	Per inquiry, plus third-party ATM operator fees, if any
PIN Transaction (int’l)	$3.50	Per any international Pin based transaction
Signature purchase (int’l)	$2.95	Per any international Signature based transaction
PIN purchase (declined) (int’l)	$2.00	Per declined international PIN based transaction
Signature purchase (declined) (int’l)	$2.00	Per declined international Signature based transaction
Information
Customer service (automated system)	$0.35	10 free calls per month for calling our automated customer service line, including for balance inquiries, $0.35 per call thereafter. Refer to Sections 8b. “Account History and Balance” and 12. “Delivery of Electronic Communications” of the Cardholder Agreement.
Balance inquiry via Live Agent	$2.00	Per balance inquiry conducted through a live customer service representative.
ATM balance inquiry	$0.75	Per inquiry, plus third-party ATM operator fees, if any
ATM balance inquiry (declined)	$0.75	Per declined inquiry, plus third-party ATM operator fees, if any
Other
Inactivity	$5.95	Monthly after each 90-day period in which you do not load or unload funds to your Card Account or use your Card Account to make a purchase or an ATM withdrawal or until new activity is conducted.
Bill payments (merchant initiated	$2.00	Per payment made to a merchant using your Account Number.
Card Replacement	$5.00	Per card. 7-10 Business days.
Electronic Withdrawal	$1.00	Per withdrawal sent to a 3rd Party account
Account Closure/Balance Refund	$10.00	See Section 28. “Amendment and Cancellation” terms when applicable and not applicable in the Cardholder Agreement.
Expedited replacement card	$25.00	Fee for expedited card delivery.

Your funds are eligible for FDIC insurance. Your funds will be held at or transferred to Patriot Bank, N.A., an FDIC - insured institution. Once there, your funds are insured up to $250,000 by the FDIC in the event Patriot Bank fails, if specific deposit insurance requirements are met. See fdic.gov/deposit/deposits/prepaid.html for details.

No overdraft/credit feature.Contact Customer Service by calling (800) 221-6192, by mail at PO Box 307, New Hyde Park, NY 11040 or visit www.Avid Prepaid.com For general information about prepaid accounts, visit cfpb.gov/prepaid. If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1- 855-411-2372 or visit cfpb.gov/complaint