PayPal Prepaid Mastercard®

Cardholder Agreement
TABLE OF CONTENTS
1. INTRODUCTION (INCLUDING DEFINITIONS)
2. OPENING A CARD ACCOUNT (IDENTITY VERIFICATION);
REGISTRATION/ACTIVATION
3. DEDUCTION OF FEES
4. BUSINESS DAYS
5. ADDRESS OR NAME CHANGES
6. AUTHORIZED USERS/SECONDARY CARDHOLDERS
7. PERSONAL IDENTIFICATION NUMBER
8. CASH ACCESS
9. LOADING YOUR CARD ACCOUNT
10. USING YOUR CARD AND VIRTUAL ACCOUNT/LIMITATIONS
11. VIRTUAL ACCOUNT
12. PURCHASE CUSHION
13. PREAUTHORIZED DEBITS AND CREDITS
14. FRAUDULENT OR CRIMINAL CARD ACCOUNT OR VIRTUAL
ACCOUNT ACTIVITY
15. RETURNS AND REFUNDS
16. CARD REPLACEMENT
17. TRANSACTIONS MADE IN FOREIGN CURRENCIES AND/OR
WITH MERCHANTS LOCATED IN FOREIGN COUNTRIES
18. RECEIPTS
19. CARD ACCOUNT BALANCE/PERIODIC STATEMENTS
20. CONFIDENTIALITY
21. OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS
22. INFORMATION ABOUT YOUR RIGHT TO DISPUTE ERRORS
23. LOST OR STOLEN CARDS/UNAUTHORIZED TRANSFERS
24. MISCELLANEOUS
25. SUSPENSION, AMENDMENT, AND CANCELLATION
26. ELECTRONIC COMMUNICATIONS
27. ENGLISH LANGUAGE CONTROLS
28. CUSTOMER SERVICE
29. TELEPHONE CALLS: CALLING, MONITORING AND
RECORDING
30. NO WARRANTY REGARDING GOODS AND SERVICES
31. ARBITRATION

List of all fees associated with your PayPal Prepaid Mastercard®

Details of All Fees

To Get Started
For initial card purchase. Fee is
determined and assessed by
Card Purchase operator of retail location and varies
Up to $4.95
Fee. depending on location. No fee is
assessed for cards acquired online
or via the mobile app.
Plan Fee
The Plan Fee is assessed monthly,
Monthly Plan
$4.95 starting on the date you initially fund
Fee
the Card Account.

Add Money
Per load. Fee is determined and
Cash Reload assessed by the operator of
at a Netspend Netspend Reload Network location
Up to $3.95
Reload Network and varies depending on location.
Location This is a third-party fee and is subject
to change.

Get Cash
Over-the-
Per withdrawal. A fee may also be
Counter (“OTC”)
assessed by a financial institution that
Withdrawal Fee 3.0%
is not a Mastercard-member financial
at a Financial
institution.
Institution

Per withdrawal. Fee may be

either a flat fee or a percentage
Up to the
OTC of the withdrawal amount. Fee
greater of
Withdrawal Fee is determined and assessed by
2.75% of the
at a Netspend operator of Netspend Reload
withdrawal
Reload Network Network location and varies
amount or
Location depending on location and amount
$4.00
of cash withdrawn. This is a third-
party fee and is subject to change.

Per withdrawal. You may also be

charged a fee by the ATM operator.
ATM withdrawal In the U.S., you can avoid ATM fees
Fee (domestic $3.00 if you select “DEBIT” and enter your
or international) PIN to get cash back when making
purchases at many retailers, such as
grocery stores.

Information
Customer
No fee for calling customer service
Service
$0 (automated or live agent), including
(automated or
for balance inquires.
live agent)

ATM balance
inquiry Per inquiry. You may also be charged
$1.50
(domestic or a fee by the ATM operator.
international)

Using your card outside the U.S.

Per foreign transaction. Calculated
based on the U.S. dollar amount of
Foreign
the purchase transaction or cash
Transaction 4.0%
withdrawal. Charged in addition
Surcharge
to any applicable OTC or ATM
withdrawal fee.
Transaction Declines
ATM Decline Per declined transaction. You may
Fee (domestic $1.50 also be charged a fee by the ATM
or international) operator.

Per declined ACH debit or

preauthorized payment transaction.
This fee will be assessed for each
ACH/ unpaid transaction, including multiple
Preauthorized times for the same transaction if
Payment $1.50 a merchant submits it multiple
Transaction times for payment. Avoid this fee by
Decline Fee keeping track of your balance via the
OAC or Mobile App, or by enrolling
in Anytime Alerts. Limit of 5 fees per
month.

Transferring Money
Per any outgoing money transfer
from your Account initiated through a
$3.00 per
third-party service such as CashApp,
transaction
WesternUnion, or other similar money
of $20.00
Money Transfer transfer services. The service provider
or more;
Service Fee may also charge additional fees.
$1.50 per
This fee does not apply to outgoing
transaction of
transfers from your Card Account to
under $20.00
your linked PayPal or Venmo Account,
if applicable.

Card Orders
Additional or
Per additional card or replacement
Replacement $3.00
card requested.
Card Fee

Expedited Card Delivery Fee is

charged in addition to Additional
Expedited Card
$25.00 or replacement Card Fees when
Delivery Fee
this service is requested. No fee for
standard delivery.

Other
For processing and mailing of
a return of funds check at Card
Account closure. Refund checks
are not issued for balances of less
than $1.00. If your Card Account
Check Request balance will be reduced to less than
$15.00
Fee $1.00 after the Check Request Fee
is debited, the Check Request Fee
will be waived. See “Withdraw Cash”
above for alternative options to
remove the funds from your
Card Account.

Per month. Fee applies if there are

funds in the Card Account and the
Card Account has had no activity, i.e.,
Inactivity Fee $5.95
no purchases; no cash withdrawals;
and no load transactions for sixty (60)
days.
Register your card for FDIC insurance eligibility and other protections.
Your funds will be held at or transferred to Republic Bank & Trust
Company, an FDIC-insured institution. Once there, your funds are insured
up to $250,000 by the FDIC in the event Republic Bank & Trust Company
fails, if specific deposit insurance requirements are met and your card is
registered. See www.fdic.gov/deposit/deposits/prepaid.html for details.
No Overdraft/Credit Feature
Contact Ouro by calling 1-866-753-6440, by mail at P.O. Box 2136,
Austin, TX 78768-2136, or visit www.paypal-prepaid.com or the
Mobile App to learn more about the terms and conditions of your
prepaid account.
For general information about prepaid accounts, visit
www.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
www.cfpb.gov/complaint.

CARDHOLDER AGREEMENT;
IMPORTANT - PLEASE READ CAREFULLY
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION.
AS SET FORTH BELOW, IF ARBITRATION IS CHOSEN BY ANY PARTY
WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE
RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON
THAT CLAIM.
THE FEES ASSOCIATED WITH THE USE OF THIS CARD ACCOUNT ARE
LISTED AT THE BEGINNING OF THIS DOCUMENT UNDER THE HEADING
“LIST OF ALL FEES ASSOCIATED WITH YOUR PAYPAL PREPAID
MASTERCARD” (HEREINAFTER REFERRED TO IN THIS CARDHOLDER
AGREEMENT AS THE “FEE SCHEDULE”). THIS CARD MUST BE
SUCCESSFULLY ACTIVATED AND REGISTERED IN ORDER TO BE USED.
FOR DETAILS, SEE THE “OPENING A CARD ACCOUNT (IDENTITY
VERIFICATION); REGISTRATION/ACTIVATION” TERMS BELOW.
FOR QUESTIONS OR ASSISTANCE, PLEASE CALL THE CUSTOMER
SERVICE TELEPHONE NUMBER (1-866-753-6440) PRINTED ON THE
BACK OF YOUR CARD.

1. INTRODUCTION
Terms and Conditions/Definitions for the PayPal Prepaid
Mastercard Program.
This document constitutes the agreement (“Agreement”) outlining the
terms and conditions under which the PayPal Prepaid Mastercardand
the PayPal Prepaid Mastercard Virtual Account are issued by Republic
Bank & Trust Company, Member FDIC (the “Bank”). The Bank is an FDIC
insured member institution. “Card Account” means the records we
maintain reflecting the transactions made with your Card or Virtual
Account. “Account Number” means the 10-digit number used to identify
your Card Account. “Card” means the PayPal Prepaid Mastercard issued
to you by Republic Bank and includes Cards held by Primary Cardholders
and Secondary Cardholders. “Card Number” is the 16-digit number
embossed on your Card. “Virtual Account” means a temporary access
device issued to you by Republic Bank that you may elect to obtain to
access your Card Account for telephone or online transactions, without
needing to present your Card. “We,” “us,” and “our” mean the Bank, our
successors, affiliates, or assignees. “Ouro” refers to Ouro Global Inc., the
servicer for the PayPal Prepaid Mastercard program and PayPal Prepaid
Mastercard Virtual Account program, and its successors, affiliates, or
assignees. “PayPal” refers to PayPal, Inc., and its successors, affiliates,
or assignees. “You,” “your,” “Cardholder,” and “Primary Cardholder”
refer to the person who submits an initial request for the Card and is
authorized to use the Card as provided for in this Agreement. “Secondary
Cardholder” refers to the person or persons who have received the Card
at the request of the Primary Cardholder and are authorized to use the
Card as provided for in this Agreement. In order to become a Cardholder,
you must be an individual who can lawfully enter into and form contracts
under applicable law in the state in which you reside. Unless it would be
inconsistent to do so, words and phrases used in this Agreement should
be construed so that the singular includes the plural and the plural
includes the singular. “Online Account Center” or “OAC” means the
website or mobile app through which you may request, register, obtain
information regarding, and otherwise manage, your Card Account. Please
note: Message and data charges may apply from your wireless service
provider when using the OAC.
Any request for a Card or Virtual Account will be processed by Ouro,
acting on our behalf as a registered agent, at its offices located in Austin,
Texas. Ouro is a registered Independent Sales Organization, acting
pursuant to an agreement with the Bank. In order to offer the Card,
PayPal has contracted with Ouro and the Bank. Pursuant to these
agreements, PayPal individually, and collectively with Ouro, may market
financial products or services to you. Any such marketing is subject to
your rights under the Bank and the PayPal privacy policies. Details about
the Bank’s privacy practices are described in the Bank Privacy Policy
provided to you when you obtained the Card, and which may be found
at www.paypal-prepaid.com. Details about PayPal’s privacy practices
are described in the PayPal Privacy Policy, which may be found at
www.PayPal.com. This Agreement applies to the Cardholder’s use of
the Card and does not apply to any use of the Cardholder’s account(s)
with PayPal, which remain fully subject to the terms of the PayPal User
Agreement and any other applicable agreements found on the Legal
Agreements page at www.PayPal.com.
You acknowledge and agree that the value available in your Card Account
is limited to the funds that you have loaded into your Card Account or
have been loaded into your Card Account on your behalf. By activating
or loading your Card, Card Account, or Virtual Account, you agree to
be bound by the terms and conditions contained in this Agreement,
including the Inactivity Fee and other fees listed in the Fee Schedule.
You and any Secondary Cardholder(s) agree to sign the back of each
respective Card(s) immediately upon receipt.
The expiration date of your Card is identified on the front of the Card.
The expiration date of any Virtual Account you have requested is
described below in the section labeled “Virtual Account.” The Card is
a prepaid card. The Card is not a gift card, nor is it intended to be used
for gifting purposes. The Card is not a credit card. The Card is not for
resale. You are the direct beneficiary of the funds loaded to your Card
Account. The funds in your Card Account will be FDIC insured upon
our receipt, up to the maximum amount allowed by law, provided your
Card is Registered with us (for more information, see the section labeled
“Opening a Card Account (Identity Verification); Registration/Activation”).
You will not receive any interest on your funds in your Card Account.
The Card will remain our property and must be surrendered upon
demand. The Card and Virtual Account are nontransferable and may
be canceled, repossessed, or revoked at any time without prior notice
subject to applicable law. The Card and Virtual Account are not designed
for business use, and we may close your Card Account 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 or
applicable law.
Your Card Account does not constitute a checking or savings account
and is not connected in any way to any other account, except as
described in the section labeled “Virtual Account” or as may otherwise be
indicated in any other account agreements you have entered into with us.
Write down your Card Number and the Customer Service phone number
provided in this Agreement on a separate piece of paper in case your
Card is lost, stolen, or destroyed. Keep the paper in a safe place. Please
read this Agreement carefully and keep it for future reference.

2. OPENING A CARD ACCOUNT (IDENTITY

VERIFICATION); REGISTRATION/ACTIVATION
You will need to provide personal information in order for us to verify your
identity and the identity of any Secondary Cardholder (“Register”). Both
the Primary Cardholder and Secondary Cardholder must Register and
activate the Card before it can be used. To be eligible to activate your
Card Account as a Primary Cardholder, you represent and warrant that:
(a) you are at least 18 years of age; (b) the personal information that you
provide to us is true, correct, and complete; and (c) you have read this
Agreement and agree to be bound by, and comply with, its terms
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 us to obtain, verify, and record
information that identifies each person who opens a Card Account.
WHAT THIS MEANS FOR YOU: When you open a Card Account, we
will ask for your name, address, date of birth, and your government
ID number (e.g., social security number). We may also ask to see your
driver’s license or other identifying information. Card activation and
identity verification are required before you can use the Card Account.
If your identity is partially verified, full use of the Card Account will be
restricted, but you may be able to use the Card for in-store purchase
transactions. Restrictions include no ATM withdrawals, international
transactions, account-to-account transfers, and additional loads. Use of
the Card Account is also subject to fraud prevention restrictions at any
time, with or without notice. Residents of the State of Vermont
are ineligible to open a Card Account.
You may Register and activate your Card by calling 1-866-753-6440 or
by visiting the OAC. You must set a Personal Identification Number (“PIN”)
to activate your Card (see the section labeled “Personal Identification
Number”). If you do not Register and activate your Card and your Card
Account remains inactive for sixty (60) days after it is first loaded, we will
begin to assess the Inactivity Fee listed in the Fee Schedule.
After your Card Account is opened, we may again ask to see a copy of
your driver’s license or other identifying documents at any time if we
deem it necessary to verify your identity, address, or transactions on
your Card Account. These measures are specifically designed to help us
protect your identity and identify possible fraud on your Card Account.
If we ask for specific identifying documents, we will have the right
to immediately close or suspend your Card Account if those specific
documents are not provided.
3. DEDUCTION OF FEES
All of the fees associated with your Card Account are listed in the Fee
Schedule. All fee amounts will be withdrawn from your Card Account,
except where prohibited by law. NOTE: Fees assessed to your Card
Account balance may be collected in partial or in full, and may bring
your Card Account balance negative if your Card Account balance is
less than the fee amount being assessed or if your Card Account if
your balance is already negative. If that occurs, any subsequent
deposits or loads into your Card Account will first be applied to the
negative balance.
Refund Policy: The Card Purchase Fee is not refundable. Please call
Customer Service at 1-866-753-6440 with questions about our
refund policy.

4. BUSINESS DAYS
Our business days are Monday through Friday, excluding federal holidays,
even if we are open. Any references to “days” found in this Agreement are
calendar days unless indicated otherwise.

5. ADDRESS OR NAME CHANGES

You are responsible for notifying us of any change in your name, physical
address, mailing address, email address, phone number, or Anytime
AlertsTM address, no later than two (2) weeks after said change. Any
notice of change of address or name required by this Agreement may
be provided to us via email at customerservice@netspend.com or by
telephone at 1-866-753-6440. Requests for address or name changes
may be subject to additional verification requirements.
We will attempt to communicate with you only by use of the most recent
contact information you have provided to us. You agree that any notice
or communication sent to you at an address noted in our records shall be
effective unless we have received an address change notice from you.
If you make your email account available to any other individual, you agree
that you are responsible for any release of any Account information to
such individual.

6. AUTHORIZED USERS/
SECONDARY CARDHOLDERS
You are responsible for all authorized transactions initiated and fees
incurred by use of your Card Account. If you permit another person to
have access to your Card, Virtual Account, Card Number, or PIN, we will
treat this as if you have authorized such use and you will be liable for all
transactions and fees incurred by those persons.
You may request to add an authorized Secondary Cardholder to your
Card Account and may request an additional Card embossed in the name
of the Secondary Cardholder. There is no fee for an additional Card. The
maximum number of Secondary Cardholders is two (2). You remain liable
for any and all usage of the Card Account by any Secondary Cardholder(s)
you authorize.
In the event you revoke permission from someone that you have given
access to use your Card, Virtual Account, Card Number, PIN, or Account
Number, or if you revoke a Secondary Cardholder’s use of their Card, you
must notify us immediately so that we may take appropriate action for
the protection of your funds, up to and including canceling your Card or
closing your Card Account. You are wholly responsible for the use of the
Card Account according to the terms and conditions of this Agreement

7. PERSONAL IDENTIFICATION NUMBER

You must set a PIN when you Register and activate your Card. A PIN can
be used to obtain cash (see the section labeled “Cash Access”) or to make
purchases at any Point-of-Sale (“POS”) device that bears the Mastercard,
Cirrus®, or PULSE® Acceptance Mark. You should not write or keep your
PIN with your Card. Never share your PIN with anyone. When entering
your PIN, be sure it cannot be observed by others, and do not enter
your PIN into any terminal that appears to be modified or suspicious. If
you believe that anyone has gained unauthorized access to your PIN,
including a Secondary Cardholder, you should advise us immediately by
following the procedures described in the section labeled “Your Liability
for Unauthorized Transfers and Deadline to Report Errors.”
To Register your Card, see the section labeled “Opening a Card Account
(Identity Verification); Registration/Activation.”

8. CASH ACCESS
With your PIN, you may use your Card to obtain cash from any ATM or
any POS device, as permissible by a merchant, bearing the Mastercard,
Cirrus, or PULSE Acceptance Mark. ATM transactions are treated as cash
withdrawal transactions. Any cash withdrawn from an ATM terminal, POS
device or through a participating bank or Netspend Reload Network
location (an “Over-the-Counter Cash Withdrawal”) will be subject to the
limitations set forth in the section below labeled “Using Your Card and
Virtual Account/Limitations.”
ATM withdrawals may also be subject to varying daily limits at the ATM
owner’s discretion. A fee may be associated with the use of your Card to
obtain cash. See the Fee Schedule for more information about the fee.

9. LOADING YOUR CARD ACCOUNT

Upon successful identity verification, you may add additional funds to your
Card Account, called “value loading.” If you purchased your Card at a retail
location, your initial value load must be at least $10.00 (amount may vary
by retailer). The minimum dollar value of any subsequent value loads will
be subject to the terms established by the individual reload location (see
(a) in the following paragraph). The maximum cumulative amount of value
loads is described in the “Limitations on frequency and dollar amounts of
transfers” paragraph of the section labeled “Using Your Card and Virtual
Account/Limitations.” When we calculate the maximum amounts for
value loads, we take into consideration all similar loads made with any
other Card Account(s) you may have with us or with Ouro, whether you
are a Primary Cardholder or a Secondary Cardholder, and regardless of
the issuing bank.
You may value load your Card Account: (a) using in-store cash value
load transactions conducted through any member of the Netspend
Reload Network (see below in this section for more information about
the network); (b) by arranging to have all or a portion of your paycheck,
government benefits payment, tax refund check, or other electronic funds
transfer direct deposited to your Card Account using the Automated
Clearing House (“ACH”) system (“ACH Deposit”). In order to receive ACH
Deposit value loads, you must provide each of your payment providers
with the Bank’s routing number and your assigned Account Number
(see below for details about routing information); (c) by arranging for the
transfer of funds originating from: (i) a financial institution located in the
United States; (ii) another Cardholder; and/or (iii) another Card Account.
There may be fees associated with these methods of value loading. See
the Fee Schedule for more information about the fees.
Our policy is to make in-store value loads to your Card Account available
to you within one (1) hour from the time we receive the funds. Funds
loaded by ACH or other applicable electronic funds transfer methods will
be available on or before the transaction or settlement date. Availability
or use of funds loaded to your Card Account may be delayed or denied
in the event of technology malfunctions, or pursuant to our compliance
with or discharge of legal or regulatory responsibilities, or as otherwise
provided in this Agreement. We may reject or suspend any ACH Deposit
that is submitted with a name that does not match the name that we
have on file for you.
IMPORTANT: If you wish to receive ACH Deposits to your Card Account
from, for instance, the employer of another member of your household,
you must add that household member to your Card Account as a
Secondary Cardholder (see the section labeled “Authorized Users/
Secondary Cardholders”). To access the funds, the household member
must have an active Card in their name.
We will not accept any checks, money orders, or cash mailed to us for
deposit, or any inbound wire transfers to your Account. We are not liable
for any checks, money orders, or cash mailed to us. All checks, money
orders, or cash sent to us for Card Account loading will be returned
unless your Card Account has a negative balance at the time such
check or money order is received, in which case we may in our discretion
choose to apply the check or money order proceeds to the negative
balance owed.
A Netspend Reload Network Location Finder service is available by
visiting www.loadnetspend.com; by enrolling in and using our Anytime
Alerts short message service (typically referred to as an “SMS” message;
standard text message and data rates may apply); or by calling
1-866-753-6440.

10. USING YOUR CARD AND

VIRTUAL ACCOUNT/LIMITATIONS
Card Account Access: Subject to the limitations set forth in this
Agreement, you may use your Card to (1) withdraw cash from your Card
Account (see the section labeled “Cash Access”); (2) load funds to your
Card Account (see the section labeled “Loading Your Card Account”);
(3) transfer funds between your Card Accounts and an external account;
(4) transfer funds from your Card Account to another account serviced
by Ouro (may be referred to as an “Account-to-Account Transfer”);
(5) purchase or lease goods or services wherever Debit Mastercard
accepted; and (6) arrange recurring or one-time transfers using services
made available through eligible third-party service providers. Some of
these services may not be available at all terminals. You may also use your
Virtual Account to purchase or lease goods or services or make payments
by telephone or online, without presenting your Card (see the section
labeled “Virtual Account”). There may be fees associated with some of
these transactions. See the Fee Schedule for more information about
the fees.
Limitations on frequency and dollar amounts of transfers: For security
reasons, we may suspend your ability to make transactions or further limit
the amount or number of transactions described below you can make
with your Card, Account Number, or Virtual Account. We will determine
the maximum cumulative amount of your value loads and of your Card
Account by aggregating the activity and value of all Card Accounts you
may have with us at Ouro or with other issuing banks at Ouro, whether
you are a Primary Cardholder or a Secondary Cardholder.

Maximum
Transfer Type Frequency and Number
Amount
Per transaction; subject to lower
$325.00 limits imposed by ATM owner-
operator.
ATM Withdrawals
Maximum withdrawal amount per
$940.00
day.

Over-the-Counter
$5,000.00 Per transaction.
Cash Withdrawals

PIN-based
or Signature-
$5,000.00 Per transaction.
based Purchase
Transactions

Per rolling twenty-four (24) hour

$7,500.00
Value Loads – POS period.
Locations
$15,000.00 Per rolling thirty (30) day period.

We will review ACH Deposits that

may result in the value of your Card
Account exceeding the stated
Maximum Card maximum value. If we determine
$15,000.00
Account Value the ACH Deposit is valid, we may
permit the value of your Card
Account to exceed the stated
maximum value.

Per day, incoming or outgoing;

$1,500.00
maximum of four (4) transfers.

Per rolling seven (7) day period,

Account-to- $2,500.00 incoming or outgoing; maximum
Account Transfer of ten (10) transfers.

Per rolling thirty (30) day period,

$3,500.00 incoming or outgoing; maximum
of forty (40) transfers.

Any transfers made through the use of third-party service providers

(including, but not limited to, reload networks and bill payment) will
be subject to the frequency and dollar value limits established by the
provider. To see the service provider’s terms of service agreement,
please visit your Online Account Center.
Each time you use your Card or Virtual Account, you authorize us to
reduce the value available in your Card Account by the amount of the
transaction and any applicable fees. You may not exceed the available
amount in your Card Account through an individual transaction or a series
of transactions – unless we decide, in our sole discretion, to approve such
transaction(s) because you have qualified for Purchase Cushion coverage.
If you do not qualify for the Purchase Cushion (defined in more detail
below), and any transaction(s) exceeds the balance of the funds available
in your Card Account, you shall remain fully liable to us for the amount of
the transaction(s) and any applicable transaction fee(s). You agree to pay
us promptly for the negative balance. If you have not added sufficient
funds to your Card Account to cover the negative balance within sixty
(60) days of its creation, we have the right to cancel your Card Account.
Additionally, we have the right to pursue collection, including the right
to collect funds, equal to or less than the negative balance, from any
other Card Account(s) you may have with us. In all instances described
above, loads to your Card Account may be made via ACH Deposit or any
of the other load methods described in this Agreement.
If you do not have enough funds available in your Card Account, you
can instruct a merchant (e.g., an internet service or utility provider), to
charge a part of the purchase to the Card and pay the remaining amount
with cash or another card. These are called “split transactions.” Some
merchants do not allow cardholders to conduct split transactions. If you
wish to conduct a split transaction and it is permitted by the merchant,
you must tell the merchant to charge only the exact amount of funds
available in your Card Account to the Card. You must then arrange to pay
the difference using another payment method. Some merchants may
require payment for the remaining balance in cash. If you fail to inform
the merchant that you would like to complete a split transaction prior to
swiping your Card, your Card is likely to be declined.
If you use your Card at an automated fuel dispenser (“pay at the pump”),
the purchase may be preauthorized for a transaction amount determined
by the merchant and can range in amounts of up to $100.00 or more. If
your Card is declined, even though you have sufficient funds available,
you should pay for your purchase inside with the cashier. If you use
your Card at a restaurant, a hotel, for a car rental purchase, or for similar
purchases, the purchase may be preauthorized for a transaction amount
representing the purchase amount plus up to 20% more to ensure there
are sufficient funds available to cover tips or incidental expenses incurred.
Any preauthorized amount will result in the placement of 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 preauthorized amount on hold will be removed and replaced by the
actual amount of your purchase. If the merchant does not tell us the final
payment amount, the preauthorized amount on hold will remain in place
for up to thirty (30) days. During a hold period, you will not have access to
the preauthorized amount.
If you use your Card Number without presenting your Card to the
merchant (such as for a mail order, telephone, or internet purchase), the
legal effect will be the same as if you physically presented the Card to
the merchant (see the section labeled “Virtual Account” for additional
information about how to obtain and use a Virtual Account).
You may not use your Card Number or the Bank’s routing number and
your assigned Account Number in connection with the creation and/or
negotiation of any financial instruments, such as checks, which we have
not authorized.
Your Card cannot be redeemed for cash. You may not use your Card or
Virtual Account for illegal online gambling or any other illegal transaction.
You do not have the right to stop payment on any purchase or payment
transaction originated by use of your Card or Virtual Account, except as
otherwise permitted in this Agreement. If you authorize a transaction and
then fail to make a purchase of that item as planned, the approval may
result in a hold (see the section labeled “Returns and Refunds,” in addition
to previous information addressed in this section).
If your Card Account has not had any activity for sixty (60) days, we will
begin to assess the Inactivity Fee listed in the Fee Schedule.

11. VIRTUAL ACCOUNT

To purchase or lease goods or services or make payments by telephone
or online without needing to provide your actual Card Number, the
Primary Cardholder may request up to six (6) active Virtual Accounts. By
opening a Card Account you acknowledge that we may automatically
create a Virtual Account on your behalf. Visit the OAC for instructions on
how to request or use a Virtual Account. Each Virtual Account consists of
a 16-digit account number, a 3-digit security code, and an expiration date.
Each Virtual Account expires one year from the last day of the calendar
month during which the Virtual Account was created. For example, if a
Virtual Account is created on March 24, 2024, its expiration date is
March 31, 2025.

12. DIGITAL CARD

This feature is not available for all programs. If available on your Card
Account, a Digital Card will be created when you use the mobile app
to request that we connect your Card Account as an access device, via
the Digital Card, to a third-party digital wallet. You will need to select a
separate PIN for the Digital Card. A maximum of one (1) Digital Card may
be connected to your Card Account at any time.
A Digital Card consists of a 16-digit card number, a 3-digit security code,
and an expiration date, although only the last 4 digits of the card number
will be visible to you in the OAC. You will not be able to use the Digital
Card outside of the digital wallet to which it is added.

13. PURCHASE CUSHION

The Purchase Cushion is a special feature available exclusively to
Cardholders who have received qualifying direct deposits defined as
paychecks or government benefits totaling at least $500.00 within one
(1) calendar month. As described above in the section labeled “Using
Your Card and Virtual Account/Limitations,” you generally do not have
the right to make transactions or incur fees in amounts exceeding the
available balance of your Card Account. We reserve the right to deny
any transaction if available funds in your Card Account are insufficient to
cover any transaction, fees, or other charges.
However, as a non-contractual courtesy, and in our sole discretion,
upon qualifying for the Purchase Cushion, we may from time to time
approve purchase transactions that you request that create up to a
$10.00 negative balance in your Card Account. We refer to this feature
as the Purchase Cushion. You will not be assessed any fees for Purchase
Cushion coverage.
If you meet our eligibility requirements, we may authorize negative
balances resulting from PIN-based and signature-based transactions
initiated using your Card or Virtual Account. Bill pay transactions initiated
through our third-party bill pay service providers and Account-to-Account
Transfers are not eligible for Purchase Cushion coverage, nor are ATM
transactions or ACH debit transactions initiated using the Bank’s routing
number and your assigned Card Account number. You may receive only
one (1) $10.00 negative balance allowance at a time. Negative balances
are approved at our discretion on a per transaction basis. It is important
to keep track of the value in your Card Account because it will be your
responsibility to determine if you have incurred a negative balance.
If you make a transaction that creates a negative balance in your Card
Account, you agree that within thirty (30) days of its creation you will add
sufficient funds to your Card Account to cover the negative balance so
that your Card Account has a zero or positive balance, or that you will
otherwise immediately pay such an amount to us in full upon demand.
If after thirty (30) days you have not added sufficient funds to cover your
negative balance, your Card Account will remain open to receive credits
and loads, which will automatically be applied to your negative balance
before they are available to you; however, you will not be able to make any
transactions using your Card or Virtual Account until your Card Account
has a positive balance, i.e., sufficient funds to cover the negative balance.
Furthermore, we have the right to pursue collection, including the right
to collect funds, equal to or less than the negative balance, from any
other Card Account(s) you may have with us. In all instances described
above, loads to your Card Account may be made via ACH Deposit or any
of the other load methods described in this Agreement.
Should you voluntarily discontinue use of your Card, you shall remain
responsible for the negative balance in your Card Account and agree that
any credits or loads made to your Card will be used to offset the value of
the negative balance, if any.
You acknowledge that a negative balance in your Card Account does not
constitute a contractual open end line of credit. If we permit a negative
balance on one or more occasions, we do not thereby obligate ourselves
to permit a negative balance on any future occasion, and we may refuse
to pay a negative balance for you at any time, even though we may have
previously paid negative balances up to the $10.00 limit for you. We have
no obligation to notify you before we approve or decline a transaction
that would result in a negative balance in your Card Account. Items will
be approved or declined in the order they are received.

14. PREAUTHORIZED DEBITS AND CREDITS

Your assigned Account Number and the Bank’s routing number can
be used for arranging both direct deposits and recurring payments to
merchants. You may also arrange for recurring payments to merchants
using your Card Number or the bill pay services made available through
our third-party service providers
If you have arranged to have ACH Deposits made to your Card Account
at least once every sixty (60) days from the same person or company, you
can call us at 1-866-753-6440 to find out whether or not the deposit has
been made.
Right to Stop Payment and Procedure for Doing So:
To stop a recurring payment to a merchant you have preauthorized to
debit your Card Account, you may first contact the merchant to request
the recurring payment be canceled. If you have arranged for recurring
payments to a merchant using the bill pay services available through our
third-party service providers, you should first contact the applicable
third-party service provider to cancel the recurring payment.
If the merchant or bill payment service provider with whom you have
arranged recurring payments from your Card Account is unable or
unwilling to stop your payment, you can call us at 1-866-753-6440 or
write us at: Ouro, P.O. Box 2136, Austin, TX 78768-2136 to request a stop on
such payment. We must receive your request at least three (3) business
days before the payment is scheduled to be made. If you call, we may
also require you to put your request in writing. If your written request
is not received within fourteen (14) days after you call, we may honor
subsequent payments from the Card Account. If you want to permanently
stop all recurring payments to a specific merchant, then we require you
to put your request in writing and get it to us within fourteen (14) days
after you tell us you want to stop such payments.
Notice of Varying Amounts:
If the recurring payments you make might vary in amount, the person
you are going to pay will tell you the payment date and the amount of the
payment ten (10) days before each payment is scheduled to take place.
Liability for Failure to Stop Payment of Preauthorized Transfer:
If you order us to stop a preauthorized payment three (3) business days
or more before the transfer is scheduled, and we do not do so, we will be
liable for your losses or damages.

15. FRAUDULENT OR CRIMINAL CARD

ACCOUNT OR VIRTUAL ACCOUNT ACTIVITY
We reserve the right to block, suspend, or cancel your Card Account or
Virtual Account if, as a result of our policies and processes, we detect
what we reasonably believe to be fraudulent, suspicious, or criminal
activity or any activity that is inconsistent with this Agreement. We may
temporarily suspend your Card Account or Virtual Account in the event
we detect unusual or suspicious account activity. If we exercise this right,
we will incur no liability to you because of any resulting unavailability of
the funds in your Card Account and/or Virtual Account, or your inability
to use your Card

16. RETURNS AND REFUNDS

If you are entitled to a refund for any reason for goods or services
obtained with your Card or Virtual Account, you agree to accept credits
to your Card Account for such refunds and agree to the refund policy of
that merchant. If you have a problem with a purchase that you made with
your Card or Virtual Account, or if you have a dispute with the merchant,
you must attempt to handle it directly with the merchant. There may be
a delay of up to five (5) days or more from the date the refund transaction
occurs until the date the refund amount is credited to your Card Account.

17 CARD REPLACEMENT
If you need to replace your Card for any reason, please contact us at
1-866-753-6440 to request a replacement Card. You will be required to
provide personal information that may include your Card Number, full
name, transaction history, and similar information to help us verify your
identity. There may be a fee for replacing your Card. See the Fee Schedule
for more information about the fee.

18. TRANSACTIONS MADE IN FOREIGN

CURRENCIES AND/OR WITH MERCHANTS
LOCATED IN FOREIGN COUNTRIES
A. If you obtain funds or make a purchase in a currency other than
the currency in which your Card Account was issued, the amount
deducted from your funds will be converted by Mastercard
International Incorporated (“Mastercard”) into an amount in the
currency of your Card Account. The exchange rate between the
transaction currency and the billing currency used for processing
international transactions is either: (i) a rate selected by Mastercard
from the range of rates available in wholesale currency markets for
the applicable central processing date (this rate may vary from the
rate Mastercard itself receives), or (ii) the government-mandated rate
 in effect for the applicable central processing date. This percentage
amount is independent of any amount taken by us in accordance
with this Agreement, and,
B. If you obtain funds or make a purchase in a currency other than
the currency in which your Card Account was issued, or conduct a
transaction with a merchant located outside the U.S., Puerto Rico, the
U.S. Virgin Islands, Guam, or the Marianas Islands, we will deduct a
4.0% transaction fee (“Foreign Transaction Surcharge”) based on the
amount of the transaction, in the currency of your Card Account. We
will retain this fee as compensation for our services.

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

20. CARD ACCOUNT BALANCE/

PERIODIC STATEMENTS
You are responsible for keeping track of the available balance of your Card
Account. Merchants generally will not be able to determine your available
balance. It’s important to know your available balance before making any
transaction. You may obtain information about the amount of money you
have remaining in your Card Account by enrolling in the Anytime Alerts
SMS service (standard text message and data rates may apply) or by
calling 1-866-753-6440. This information, along with a twelve (12) month
history of Card Account transactions, is also available online at
www.paypal-prepaid.com or through the mobil app.
If you are Registered with us, you also have the right to obtain at least
twenty-four (24) months of written history of account transactions by
calling 1-866-753-6440, or by writing us at P.O. Box 2136, Austin, TX
78768-2136. You will not be charged for the written history.
Statements in electronic format will also be made available for no fee
in the OAC for each month in which a transaction occurs. You will not
automatically receive paper statements

21. CONFIDENTIALITY
We may disclose information to third parties about your Card Account or
the transactions you make:
1) Where it is necessary for completing transactions;
2) In order to verify the existence and condition of your Card or Virtual
Account for a third party, such as a merchant;
3) In order to comply with government agency or court orders or other
legal reporting requirements;
4) If you give us your written permission;
5) As otherwise stated in our Privacy Notice.

22. OUR LIABILITY FOR FAILURE TO COMPLETE

TRANSACTIONS
If we do not properly 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 or damages. However, there are
some exceptions. We will not be liable, for instance:
1) If, through no fault of ours, you do not have enough funds available in
your Card Account to complete the transaction;
 2) If a merchant refuses to accept your Card or Virtual Account;
3) If an ATM where you are making a cash withdrawal does not
have enough cash;
4) If an electronic terminal where you are making a transaction does
not operate properly, and you knew about the problem when you
initiated the transaction;
5) If access to your Card Account has been blocked after you reported
your Card, Virtual Account, or PIN lost or stolen;
6) If there is a hold or your funds are subject to legal process or other
encumbrance restricting their use;
7) If we have reason to believe the requested transaction
is unauthorized;
8) If circumstances beyond our control (such as fire, flood, or computer
or communications failure) prevent the completion of the transaction,
despite reasonable precautions that we have taken;
9) If we block, suspend, or close your Card Account as a result of our
reasonable suspicion of fraudulent, suspicious, or criminal activity or
activity that is inconsistent with this Agreement;
10) If we have requested documents to verify your identity, address, or
transaction on your Card Account, and you have not provided all
such requested documents; or
11) Any other exception stated in our Agreement with you.

23. INFORMATION ABOUT YOUR RIGHT TO

DISPUTE ERRORS
In case of errors or questions about your Card Account, telephone us at
1-866-753-6440, write to us at Ouro, P.O. Box 2136, Austin, TX 78768-2136,
or email us at customerservice@netspend.com as soon as you can, if
you think an error has occurred in your Card Account. We must allow
you to report an error until sixty (60) days after the earlier of the date you
electronically access your Card Account, if the error could be viewed
in your electronic history, or the date we sent the FIRST written history
on which the error appeared. You may request a written history of your
transactions at any time by calling us at 1-866-753-6440 or writing to us
at Ouro, P.O. Box 2136, Austin, TX 78768-2136.
You will need to tell us:
1) Your name and Card Number;
2) Why you believe there is an error and the dollar amount involved; and
3) Approximately when the error took place.

If you tell us orally, we may require that you send us your complaint or
question in writing within ten (10) business days.
We will determine whether an error occurred within ten (10) business
days after we hear from you and will correct any error promptly. If we
need more time, however, we may take up to forty-five (45) days to
investigate your complaint or question. If we decide to do this, we will
provisionally credit your Card Account within ten (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 ten (10)
business days, we may not provisionally credit your Card Account.
For errors involving transactions to or from the Card Account within
thirty (30) days after the first deposit to the account was made (“New
Accounts”), POS transactions, or foreign-initiated transactions, we may
take up to ninety (90) days to investigate your complaint or question.
For New Accounts, we may take up to twenty (20) business days to
provisionally credit your Card Account for the amount you think is in error.
We will tell you the results within three (3) business days after completing
the investigation. If we decide that there was no error, we will send you
a written explanation. You may ask for copies of the documents that we
used in our investigation. If you need more information about our
error-resolution procedures, call us at 1-866-753-6440 or visit
www.paypal-prepaid.com or the mobile app.
Warning Regarding Unverified Prepaid Accounts
It is important to Register your Card Account as soon as possible. Until
you Register your Card Account and we verify your identity, we are not
required to research or resolve any errors regarding your Card Account.
To Register your Card Account, go to www.paypal-prepaid.com, the
mobile app, or call us at 1-866-753-6440. We will ask you for identifying
information about yourself (including your full name, address, date of
birth, and government-issued identification number) so that we can verify
your identity (See the section labeled “Opening a Card Account (Identity
Verification); Registration/Activation”).
For disputes concerning the condition or receipt of goods or services
you purchased, we are not required to provide provisional credit or to
finalize the claim during the periods stated above.

24. LOST OR STOLEN CARDS/UNAUTHORIZED

TRANSFERS
If you believe your Card, Virtual Account or PIN has been lost or stolen, call
1-866-753-6440 or write to: Ouro, P.O. Box 2136, Austin, TX 78768-2136.
You should also call the number or write to the address shown here if you
believe an electronic funds transfer has been made using the information
from your Card, Virtual Account or PIN without your permission.
If your Card or PIN has been lost or stolen, we will deactivate your Card
and issue you a new Card. There is a fee for replacing your Card. See the
Fee Schedule for more information about the fee
Your Liability for Unauthorized Transfers
IContact us AT ONCE if you believe your Card, Virtual Account, or
PIN has been lost or stolen, or if you believe that an electronic funds
transfer has been made without your permission. Telephoning us at
1-866-753-6440 is the best way to minimize your possible losses. You
could lose all the money in your Card Account. If you notify us within two
(2) business days after you learn of the loss or theft of your Card, Virtual
Account, or PIN, you can lose no more than $50.00 if someone used your
Card, Virtual Account, or PIN without your permission. If you do NOT
notify us within two (2) business days after you learn of the loss or theft of
your Card, Virtual Account, or PIN and we can prove that we could have
stopped someone from using your Card, Virtual Account, or PIN without
your permission if you had promptly notified us, you could lose as much
as $500.00.
Also, if you become aware of and/or your electronic history shows
transactions that you did not make, including those made by your Card
or other means, notify us at once following the procedures stated in
the section labeled “Information About Your Right to Dispute Errors”
appearing above. If you do not tell us within sixty (60) days of the earlier of
(1) the date you electronically access your account, and if the unauthorized
transaction could be viewed in your electronic history, or (2) the date
we sent the FIRST written history on which the unauthorized transfer
appeared, you may not get back any money you lost after the sixty (60)
days if we can prove that we could have stopped someone from taking
the money 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 for a reasonable period.
Under Mastercard Rules, your liability for unauthorized Mastercard
transactions on your Card Account is $0.00 if you have registered your
Card, used reasonable care in protecting your Card from loss or theft, and
you have promptly reported when you knew that your Card was loss or
stolen to us.

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

26. SUSPENSION, AMENDMENT,

AND CANCELLATION
We may amend or change the terms and conditions of this Agreement at
any time without prior notice to you except as required by applicable law.
You will be notified of any change in the manner provided by applicable
law prior to the effective date of the change. However, if the change is
made for security purposes, we can implement such change without
prior notice. You may cancel this Agreement by returning the Card (if
applicable) to us. Your termination of this Agreement will not affect any
of our rights or your obligations arising under this Agreement prior
to termination.
We reserve the right to limit your use of any Card, including limiting your
use of any Card at ATMs, your Card Account, and your Virtual Account.
We also may cancel or suspend the use of one or more of your Cards,
your Card Account, and your Virtual Account with or without cause or
notice, other than as required by applicable law.
In the event your Card Account is canceled, closed, or terminated for
any reason, so long as you used your Card Account in accordance with
the terms of this Agreement, you may request the unused balance to be
returned to you via a check to the mailing address we have in our records.
There is a fee for this service. See the Fee Schedule for more information
about the fee. We reserve the right to refuse to return any unused
balance amount less than $1.00.
In the event you wish to update your mailing address at the time your
Card Account is canceled, closed, or terminated for any reason or
thereafter, we may request specific documents to verify your identity and
address. Any unused balance on your Card Account may be withheld until
such documents are provided or until the funds escheat to the state in
accordance with applicable state law.
In the event any federal or state governmental agency, including the
Internal Revenue Service or Social Security Administration, requests the
return of funds deposited to your Card Account that originated from such
governmental agency, such funds may be remitted to the issuing agency
in lieu of returning such funds to you. In the event funds are remitted to
an issuing governmental agency, any effort by you to recoup such funds
must be directed to the governmental agency in question, and we will
have no liability to you for such funds.
We will comply with unclaimed property laws and appropriately engage
in escheatment activities as required by state law.

27. ELECTRONIC COMMUNICATIONS

If you have not consented to receiving electronic communications from us
but would like to do so, please visit us online at www.paypal-prepaid.com
for required disclosures and consent.

28. ENGLISH LANGUAGE CONTROLS

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

29. CUSTOMER SERVICE

For Customer Service or additional information regarding your Card
Account, please contact us at:
Ouro
P.O. Box 2136
Austin, Texas 78768-2136
1-866-753-6440
Customer Service agents are available to answer your calls:
Monday through Friday, 8 a.m. to 10 p.m. CT
Saturday and Sunday, 8 a.m. to 8 p.m. CT.
The Telephone Automated Service is available 24 hours a day.

30. TELEPHONE CALLS: CALLING, MONITORING,

AND RECORDING
From time to time we may monitor and/or record telephone calls
between you and us to assure the quality of our customer service or as
required by applicable law. You agree that we or our agents may contact
you at any telephone number you provide to us, including your cell phone
number, for any informational, non-telemarketing purpose related to your
Account. You agree to receive these calls via an automatic telephone
dialing system; messages, such as prerecorded or artificial voice
messages; or text messages sent via an automated texting system.
You understand your service provider may charge you for these
calls/messages.

31. NO WARRANTY REGARDING

GOODS AND SERVICES
We are not responsible for the quality, safety, legality, or any other aspect
of any goods or services you purchase with your Card or Virtual Account.

32. ARBITRATION
Purpose: This Arbitration Provision sets forth the circumstances and
procedures under which claims (as defined below) may be arbitrated
instead of litigated in court.
Definitions: As used in this Arbitration Provision, the term “Claim” means
any claim, dispute, or controversy between you and us arising from or
relating to the Card Account or this Agreement as well as any related
or prior agreement that you may have had with us or the relationships
resulting from this Agreement, including the validity, enforceability, or
scope of this Arbitration Provision or the Agreements. “Claim” includes
claims of every kind and nature, including, but not limited to, initial claims,
counterclaims, cross-claims and third-party claims, and claims based
upon contract, tort, fraud and other intentional torts, statutes, regulations,
common law, and equity. The term “Claim” is to be given the broadest
possible meaning that will be enforced and includes, by way of example
and without limitation, any claim, dispute, or controversy that arises from
or relates to (i) your Card Account; (ii) the amount of available funds in
your Card Account; (iii) advertisements, promotions, or oral or written
statements related to your Card Account, or goods or services purchased
with your Card or Virtual Account; (iv) the benefits and services related
to your Card Account; and (v) your enrollment for any Card or Virtual
Account. We shall not elect to use arbitration under the Arbitration
Provision for any Claim that you properly file and pursue in a small claims
court of your state or municipality so long as the Claim is individual and
pending only in in a small claims court with jurisdiction to hear the Claim.
If a Claim is filed in small claims court and then removed, appealed or
transferred from small claims court (or its equivalent) to another court,
it shall be subject to arbitration at the written election of either you or us
within 30 business days of written notification of the removal, appeal or
transfer. You or we may also demand arbitration if the small claims court
(or equivalent) case attempts to include any class or representative claims
regardless of the amount of any single Claim.
As used in the Arbitration Provision, the terms “we” and “us” shall for all
purposes mean Republic Bank & Trust Company, its wholly or majority
owned subsidiaries, affiliates, licensees, predecessors, successors, and
assigns; and all of their agents, employees, directors, and representatives.
In addition, “we” or “us” shall include any third party using or providing
any product, service, or benefit in connection with any Card Accounts
(including, but not limited to, merchants who accept the Card or Virtual
Account, third parties who use or provide services, debt collectors and
all of their agents, employees, directors, and representatives) if, and only
if, such third party is named as a co-party with us (or files a Claim with or
against us) in connection with a Claim asserted by you. As solely used in
this Arbitration Provision, the terms “you” or “yours” shall mean all persons
or entities approved by us to have and/or use a Card, including, but not
limited to, all persons or entities contractually obligated under any of the
Agreements and all Secondary Cardholders.
Pre-Arbitration Dispute Resolution. Before instituting a small claims
lawsuit or arbitration of a Claim, you and we agree to give the other party
written notice reasonably describing the factual basis for the Claim and
the amount of damages or other relief sought (the “Notice”). Any Notice
from you must be mailed to us at PO Box 2136 Austin, TX 78768-2136
(or such other address as we shall subsequently provide to you) or may
be emailed to: cscorrespondence@netspend.com ( “Our Address”). The
Notice should include the account number, and the email address and
phone number at which the complaining party (or their attorney) may
be contacted. We will mail any Notice to the address we have for you or
send an email to the email address we have for you (“Your Address”).
After a Notice is sent, the parties shall give each other a reasonable
opportunity of no less than the next 30 business days (“Notice Period”)
to attempt to resolve the Claim on an informal basis. You and we agree
that no small claims lawsuit or arbitration may be filed prior to the end
of the Notice Period.
Initiation of Arbitration Proceeding/Selection of Administrator: Any
Claim shall be resolved, upon the election by you or us, by arbitration
pursuant to this Arbitration Provision to be conducted by the American
Arbitration Association (“AAA”) before a single arbitrator pursuant to the
AAA’s Consumer Arbitration Rules (“Rules”). For a copy of the procedures,
to file a Claim, or for other information about the AAA, you may contact
them at 1-800-778-7879, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ
08043; website at www.adr.org.
CLASS ACTION WAIVER: You and we agree that, whether in a small
claims lawsuit or in arbitration, each may bring Claims against the
other only in your or its individual capacity and not as a plaintiff, class
representative or class member in any purported class or representative
proceeding. You and we further agree that the Claims brought by or
agaimst you may not be joined or consolidated with claims brought by
or against any other person. The enforceability of the waiver or the right
to assert a Claim on behalf of a class or in a representative capacity shall
be determined exclusively by a court of competent jurisdiction. Should
we believe that any Claim you have filed in arbitration or in court is
inconsistent with this Class Action Waiver, we may seek an order from
a court of competent jurisdiction determining whether your Claim is
within the scope of the Class Action Waiver.
Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY
WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE
RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON
THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PERMITTED
BY THE RULES OR THE ARBITRATOR. FURTHER. FURTHER, YOU
WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE
CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS
PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION, OR BROUGHT
IN A SMALL CLAIMS LAWSUIT. EXCEPT AS SET FORTH BELOW, THE
ARBITRATOR’S DECISION WILL BE FINAL AND BINDING.
Restrictions on Arbitration: If either party elects to resolve a Claim by
arbitration, that Claim shall be arbitrated on an individual basis. There shall
be no right or authority for any Claims to be arbitrated on a class-action
basis or on bases involving Claims brought in a purported representative
capacity on behalf of any other Cardholders, or other persons similarly
situated. The arbitrator’s authority to resolve Claims is limited to Claims
between you and us alone, and the arbitrator’s authority to make awards
is limited to you and us alone. Furthermore, Claims brought by you against
us or by us against you may not be joined or consolidated in arbitration
with Claims brought by or against someone other than you, unless
otherwise agreed to in writing by all parties.
Location of Arbitration/Payment of Fees: Any arbitration hearing that you
attend shall take place in the federal judicial district of your residence. At
your written request, we will pay any filing, administration and arbitrator
fees charged by the AAA (the “Arbitration Fees”). However, should any
arbitrator find that the substance of your Claim or the relief sought in your
Demand for Arbitration was frivolous, not pursued in good faith, or was
brought for an improper purpose (in accordance with Federal Rule of
Civil Procedure 11(b) or any similar analogue under controlling law), then
the arbitrator has the discretion to require you to pay some or all of the
Arbitration Fees, our attorneys’ fees, or other costs in arbitration from you,
unless such an award would invalidate this Arbitration Agreement.
Arbitration Procedures: This Arbitration Provision is made pursuant to
a transaction involving interstate commerce, and shall be governed by
the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended
(the “FAA”). The arbitration shall be governed by the applicable Code,
except that (to the extent enforceable under the FAA) this Arbitration
Provision shall control if it is inconsistent with the applicable Code. The
arbitrator shall apply applicable substantive law consistent with the FAA
and applicable statutes of limitations and shall honor claims of privilege
recognized at law and, at the timely request of either party, shall provide
a brief written explanation of the basis for the decision. In conducting
the arbitration proceeding, the arbitrator shall not apply the federal or
any state rules of civil procedure or rules of evidence. Either party may
submit a request to the arbitrator to expand the scope of discovery
allowable under the applicable Code. The party submitting such a request
must provide a copy to the other party, who may submit objections to
the arbitrator with a copy of the objections provided to the requesting
party, within fifteen (15) days of receiving the requesting party’s notice.
The granting or denial of such request will be in the sole discretion of the
arbitrator who shall notify the parties of his/her decision within twenty
(20) days of the objecting party’s submission. The arbitrator shall take
reasonable steps to preserve the privacy of individuals and of business
matters. Judgment upon the award rendered by the arbitrator may be
entered in any court having jurisdiction.
The arbitrator shall decide all issues of liability on the merits of the
Claim, and may award declaratory or injunctive relief only in favor of the
individual party bringing such Claim and only to the extent necessary to
provide relief warranted by that party’s individual claim. Should you or
we prevail on a Claim in arbitration for which public injunctive relief is
sought, the entitlement to and scope of such relief must be litigated in a
civil court of competent jurisdiction and not in arbitration. Any litigation
seeking public injunctive relief shall be stayed pending the outcome
on the merits of any individual Claim in arbitration. Prior to issuing any
injunctive relief, a court of competent jurisdiction shall independently
review the factual findings of the arbitration award, giving no deference
to the findings of the arbitrator.
Except as otherwise expressly provided in this Arbitration Provision,
the arbitrator shall have the authority to (a) award all remedies under
applicable law, including, for example, compensatory, statutory and
punitive damages (under the same standards that would apply in court,)
and attorneys’ fees and costs; and (b) make all determinations as to the
scope, interpretation, enforceability, and validity of this Agreement. At the
timely request of either party, the arbitrator must provide a brief written
explanation of the basis for the award.
The Arbitration Provision shall not prevent any party from seeking
equitable relief, including injunctions, in aid of arbitration or in aid of the
enforcement of this Arbitration Provision from a court of competent
jurisdiction.
The arbitrator’s decision will be final and binding, except for any right
of appeal provided by the FAA. However, if the amount of any award
exceeds $100,000, inclusive of costs and attorneys’ fees, or involves
a request for injunctive or declaratory relief that could involve a cost
or benefit to any party exceeding $100,000, any party can appeal that
award to a three-arbitrator panel administered by the same arbitration
organization, which shall consider anew any aspect of the initial award
objected to by the appealing party. The appealing party shall have thirty
(30) days from the date of entry of the written arbitration award to notify
the arbitration organization that it is exercising the right of appeal. The
appeal shall be filed with the arbitration organization in the form of a
dated writing. The arbitration organization will then notify the other
party that the award has been appealed. The arbitration organization will
appoint a three-arbitrator panel which will conduct arbitration pursuant
to its Code and issue its decision within one hundred twenty (120) days of
the date of the appellant’s written notice. The decision of the panel shall
be by majority vote and shall be final and binding. Any reference in this
Arbitration Provision to the “arbitrator” shall mean the panel if an award
has been appealed under the paragraph.
If any portion of this Arbitration Provision is deemed invalid or
unenforceable, the remaining portions shall remain in force except that
if the waiver of the right to proceed as a class or in a representative
capacity is declared unenforceable in a proceeding between you
and us, and that determination becomes final after all appeals have
been exhausted, this entire Arbitration Provision (except for this one
sentence) shall be null and void in such proceeding.
Where applicable, if you and your Account are covered by the Military
Lending Act, then you are not bound by this Arbitration Provision,
and to the extent required by the Military Lending Act, nothing in this
Agreement will be deemed a waiver of the right to legal recourse under
any otherwise applicable provision of state or federal law. If you would
like more information about whether you and your Account are covered
by the Military Lending Act, please contact us.
Continuation: This Arbitration Provision shall survive termination of your
Card Account as well as voluntary payment of any debt in full by you, any
legal proceeding by us to collect a debt owed by you, and any bankruptcy
by you or us. If any portion of this Arbitration Provision is deemed invalid
or unenforceable under any principle or provision of law or equity,
consistent with the FAA, it shall not invalidate the remaining portions of
this Arbitration Provision, the Agreement or any prior agreements you
may have had with us, each of which shall be enforceable regardless of
such invalidity.
This Cardholder Agreement is effective October 25, 2024.
This Card is issued by Republic Bank & Trust Company, Member FDIC
1-866-753-6440
www.paypal-prepaid.com
Certain products and services may be licensed under U.S. Patent Nos.
6,000,608 and 6,189,787.

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