SM
CHANGE IN TERMS TO YOUR INSIGHT VISA® PREPAID CARD
CARDHOLDER AGREEMENT
Effective Date of Change: October 1, 2012
What is the change in terms to my Cardholder Agreement?
ATM Withdrawal and Inquiry Fee - $2.50
ATM and Purchase Decline Fee - $1.00
ACH Debit Return Fee - $5.00
Where can I find the updated fees associated with my Insight Card?
You can find the current fees associated with your Insight Card by logging into InsightCards.com
and clicking on Terms & Conditions.
Questions?
Please call Insight Customer Service at 1.888.572.8472 with any questions.
P.O. Box 190245
Birmingham, AL 35219-9931
Phone: 1.888.572.8472
InsightCards.com
®
INSIGHT VISA CARDHOLDER AGREEMENT
®
This Cardholder Agreement (“Agreement”) governs the use of your Insight Visa Prepaid Card (“Card”). Please read this Agreement carefully
and keep it for your records. By signing the reverse side of your Card or using your Card, you agree to the terms and conditions of this
Agreement. Please visit www.InsightCards.com for the most recent terms. The Card will remain the property of the Bank and must be
surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice
subject to applicable law. We encourage you to contact us if you have questions.
1.0
DEFINITIONS
In this Agreement, “you” and “your” means the person or persons
who have received and are authorized to use the Card. “We,” “us,” and
“our” mean Urban Trust Bank, FSB (the “Bank”), member FDIC, our
agents, and our successors, affiliates or assignees. “Payment Network”
means Visa U.S.A. Inc. and its successors and assigns. Visa is a
registered trademark of Visa U.S.A. Incorporated. “Card” means the
Insight Visa Prepaid Card issued to you by Urban Trust Bank, FSB,
member FDIC.
2.0
FEES
Your Insight Visa
Prepaid Card Fee Summary
Monthly
Plan
Pay As
You Go
Plan
Category
Fee Type
Total Cost
of Setup:
Monthly Service Fee
$3.50 (with
direct
deposit)
$7.95
(without
direct
deposit)
None
Spend
Money:
Signature Purchase
Included
$1
$1
$2
PIN Purchase
Get Cash:
Bill Pay
None
ATM Withdrawals and
Inquiries
$2.50
Over-the-Counter Cash
Withdrawal Fee
Add Money:
Up to 3% of transaction
with a $5 minimum
Cash back with PIN
Purchase
None
Direct Deposit
None
Cash Load at Insight
Partner
Third party fees only
Cash Load with Green
Dot MoneyPak
Third party fees only
PayPal Transfer
Information:
$3.50 (checks under
$1,000)
$6.00 (checks of $1,000
or more)
Call Customer Service
None
Paper Statement
Request
None
Insight Text Alerts
Caution:
None
Electronic Check Load
†
Account Maintenance
Fee (if applicable)**
None
None
$1.00
ACH Debit Return Fee
$5.00
Replacement Card Fee
$9.95
Stop Payment Request
$25.00
Overdraft Service Fee
(if applicable)
15% of the Overdraft up
to a maximum of $36
*
ATM owner fees may apply.
Standard Message and Data Rates may apply.
** May apply after 90 days of no activity which includes purchases,
cash withdrawals, load transactions, and balance inquiries
†
2.2
Eligibility and Activation
To be eligible to use and activate this Card, you represent and
warrant to us that: (i) you are at least 18 years of age or older; (ii) you
have provided us with verifiable and legal identification documents, such
as a U.S. social security card, drivers license, U.S. Passport, U.S. issued
authorization to work in the U.S or have accurately provided us with such
other documentary or non-documentary information that we have
requested from you; (iii) you have provided us with a verifiable U.S. street
mailing address (not a P.O. Box); (iv) the personal information that you
provide to us in connection with the Card is true, correct and complete;
(v) you received a copy of this Agreement, you have read this Agreement
and agree to be bound by and comply with its terms; and (vi) you accept
the Card.
Important Information About Procedures for Applying for Or
Activating a New Card
To help the government fight the funding of terrorism and money
laundering activities, Federal law requires all financial institutions to
obtain, verify and record information that identifies each person who
activates a Card. What this means for you: When you apply for the Card,
we will ask for your name, address, date of birth and other information
that will allow us to identify you. We may also ask to see your driver’s
license or other identifying documents.
2.3
Authorized Users
We may allow you to request an additional Card for another person.
If we do, you are responsible for all authorized transactions initiated and
fees incurred by use of your Card or Card number by those persons. You
must notify us to revoke permission for any person you previously
authorized to use your Card. If you tell us to cancel another person’s use
of your Card, we may cancel your Card and issue you a new Card with a
different number. You are responsible for all transactions and fees
incurred by you or any other person you allow to use your Card or Card
number. You are wholly responsible for the use of each Card according
to the terms and conditions of this Agreement.
2.4
FDIC Insurance
All funds loaded onto your Card are held in a custodial account with
us on your behalf, and are insured by the Federal Deposit Insurance
Corporation (“FDIC”), subject to applicable limitations and restrictions of
such insurance. Funds will not be credited to your Card for insurance
purposes until received by us.
$3.95
ATM and Purchase
Decline Fee
www.InsightCards.com
2.1
About Your Card
The Card is a prepaid payment device which means that you add (or
“Load”) funds to the Card prior to use and access those funds by using
the Card. The Card is not a gift card, payroll card, credit card, or charge
card and does not constitute a checking, savings or other demand
deposit or consumer asset account. You will not earn any interest on
your funds on the Card. You may not make any other transaction with
the Card, except for the Card transactions described in these Terms and
Conditions. If you receive a Card which is not embossed with your name
(a “Non-personalized Card”) initially, a Card embossed with your name (a
“Personalized Card”) will be mailed to you within 14 days of activating
your Non-personalized Card.
1.888.572.8472
2.5
Using Your Card
Each time you use your Card, you authorize us to reduce the value
available on your Card by the amount of the transaction and any
applicable fees. You can use your Card to withdraw cash at ATMs that
accept the Card, pay for purchases, obtain cash back from participating
merchants, pay bills, and transfer funds between your Spending Balance
and your SetAside Balance. You cannot use your Card after the
expiration date printed on the front of your Card. You should treat your
Card with the same care as you would treat cash. You are responsible
for all transactions initiated by use of your Card. If you permit someone
else to use your Card, we will treat this as if you have authorized such
use. If you use your Card number without presenting your Card (such as
for a mail order, telephone or Internet purchase), we will treat it the same
as though you had presented the Card itself.
You agree that you will: (i) not use the Card in violation of applicable
laws or regulations, in violation of this Agreement, in a manner that
violates the privacy or proprietary rights of another, including spam,
phishing, or unwanted solicitations, to transfer any malicious computer
code, to perform unlawful acts, including illicit gambling and acts involving
stolen goods or substances, or to perform transactions involving a
transfer of funds for illegal purposes or made to hide the source of such
funds (“money laundering”); (ii) promptly notify us of any loss or theft of
the Card; (iii) promptly notify us of the loss, theft, or unauthorized
disclosure of any PIN, username or password, codes or numbers used to
access the Card information or Card funds; and (iv) use the Card only as
instructed by us. We may refuse to process any transaction that we
believe violates the terms of this Agreement or limit, suspend, or
terminate your use of the Card if we believe that your use of the Card
creates a fraud risk or liability to us, other users of our services, or to
other third parties.
We may impose restrictions on your Card at any time, including
restrictions on (i) the number of transactions allowed per day; (ii) the
dollar amount of transactions; and (iii) your ability to use the Card at an
ATM. We may limit your purchase and cash withdrawal activity for any
reason, including if we suspect fraud associated with your Card.
If your Spending Balance is not adequate to cover the transaction
amount, you may instruct the merchant to charge a part of the purchase
to the Card and pay the remaining amount with cash or another form of
payment (“Split Transactions”). Some merchants do not allow Split
Transactions or may require the remaining payment to be made with
cash. In order to conduct a Split Transaction (if permitted by the
merchant), you will need to know the exact amount of funds available in
your Spending Balance.
Unless you have opted in for Overdraft Protection, you are not
allowed to exceed the value on your Card. In the event that a transaction
exceeds the balance on your Card (creating a “negative balance”), you
shall remain fully liable to us for the amount of the transaction and any
applicable fees or charges. We reserve the right to cancel this Card
should you create one or more negative balances with your Card.
2.6
Load Methods
You may Load funds to your Card at any time. Funds can be added
to the Card an unlimited number of times. Each Load may be subject to a
fee pursuant to the Fees section. You agree to comply with all
requirements, fees, or other restrictions as may be imposed by such
reload partners or as disclosed to you at the time of the transaction. You
can add funds to your Card by:
• Automated Clearing House (“ACH”) Loads (e.g., direct deposit
from an employer or government benefits);
• Loading cash through an Insight reload partner (a list is available
at www.InsightCards.com or by calling us at 1.888.572.8472);
• Electronic Check Loads by downloading the Insight Check Load
application (the “Insight Check Load App”) on your smartphone;
®
®
• Loading cash with a Green Dot MoneyPak available in retailers
nationwide; or
®
• Transferring funds from your PayPal account.
2.7
Limitations
For security reasons, we may impose limits on the amount, number,
or type of transactions you may make with your Card, limit the balance on
your Card, limit the number of Cards issued to you, and suspend or block
certain transactions. The maximum amount allowed on your Card
between your Spending Balance and SetAside Balance combined is
$5,000. We will reject any Loads that exceed the maximum balance
allowed on your Card. Your Card cannot be loaded at an ATM. You may
not draft checks using your Card number. For security reasons, we may
modify these restrictions anytime without prior notice to you. We reserve
the right to accept or reject any request to load value to the Card at our
sole discretion. You may contact Customer Service for additional
information or questions about the limitations on your Card.
2.8
ACH Loads (Direct Deposit)
You can arrange to have funds transferred directly to your Card
through the ACH by a third party paying entity. To do so, you must enroll
with the third party, by providing the bank routing number and direct
deposit account number that we provide to you. You are not authorized
to use this bank routing number and direct deposit account number for
any other purpose. We reserve the right to reject any ACH transfers as
part of our internal fraud, anti-money laundering/Bank Secrecy Act or
other applicable policies. You agree that the third party may reverse any
credit they make to your Card up to the amount of the original credit.
Funds from ACH Loads will generally be available on your Card no later
than the effective date of the transfer. In case of transmission error or
transfer irregularity, your ability to access the funds may be delayed
beyond the scheduled transfer date. You may cancel the ACH Load
authorization at any time by sending a written notice to the originator and
providing the originator and the Bank sufficient time to act upon the notice
before your next scheduled transfer date. The originator may terminate
this method of payment, with or without cause, at any time.
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 will tell you every time they send
us the money. You can call us at 1.888.572.8472 to find out whether or
not the deposit has been made.
2.9
SetAside Balance
Each Card has a balance created for your transactions (“Spending
Balance”) and a separate balance that you may establish that will not be
used for your transactions (“SetAside Balance”). If you do not establish a
SetAside Balance, your SetAside Balance will be zero.
You may transfer funds from your SetAside Balance to your
Spending Balance by logging into your Insight Card at
www.InsightCards.com or by calling Customer Service at
1.888.572.8472. In order to transfer funds to your SetAside Balance, you
must first Load funds to your Card. You may not transfer funds from your
Spending Balance to your SetAside Balance in excess of your Spending
Balance. Similarly, you may not transfer funds to from your SetAside
Balance to your Spending Balance in excess of your SetAside Balance.
To access the funds in your SetAside Balance, you must transfer the
funds to your Spending Balance. You are not permitted to access funds
in your SetAside Balance with your Card, by wire remittance, check, or
ACH transfer. There are no fees associated with using your SetAside
Balance. You agree that we may apply any funds in your SetAside
Balance to satisfy any negative balance on your Card.
2.10 Setting a Personal Identification Number (“PIN”)
To establish a PIN for your Card, you must call 1.866.253.5161 from
the primary phone number that you provided at the time you applied for
your Card. If you forget your PIN, you must reset it by calling
1.866.253.5161.
For security purposes, our Customer Service
representatives do not have access to your PIN. You should keep your
PIN secure. You should not write your PIN on, or keep your PIN with your
Card. If you believe that anyone has gained unauthorized access to your
PIN, you should advise us immediately, as described in the section
labeled “Unauthorized Transfers.”
2.11 ATM and PIN-Based Transactions
If you set a PIN for your Card, you can use your Card at any
Automated Teller Machine (“ATM”) or at any Point-of-Sale (“POS”) device
which requires entry of a PIN and accepts at least one of the logos on the
Card. All ATM transactions are treated as ATM withdrawal transactions
and are subject to a fee pursuant to the Fees Section. You will incur
additional fees for using your Card at ATM machines or POS terminals
for obtaining cash and checking your balance. You should not write your
PIN on, or keep your PIN with your Card. If you believe that anyone has
gained unauthorized access to your PIN, you should advise us
immediately, following the procedures in the paragraph labeled “Your
Liability for Unauthorized Transfers.” The maximum amount of cash that
you may receive each day depends on the location where the cash is
requested and any other limits established by us. For security purposes,
the amount of cash that you may receive will be subject to a transaction
and/or daily limit established by us from time to time. To obtain cash at
ATMs requires your PIN to validate your identity as the owner of the
Card. However, your signature and not your PIN may be required at
certain face-to-face locations (such as banks and merchants).
2.12 Authorization Holds
Except as provided in the section under “Bill Payment” labeled
“Right to Stop Payment and Procedure for Doing So,” you do not have
the right to stop payment on any purchase transaction originated by the
use of your Card. If you authorize a transaction and then fail to purchase
the item, the approval may result in a hold. 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.
2.13 Rewards
From time to time and in connection with certain activity, such as
receiving consecutive ACH Loads of a certain amount, we may
automatically enroll your Card in our rewards programs. Rewards
programs are not available on all cards.
2.14 Receipts
You should get a receipt at the time you make a transaction using
your Card. You agree to retain, verify, and reconcile your transactions
and receipts.
2.15 Returns and Refunds
If you need to return an item that you purchased with the Card,
the merchant will handle the return in accordance with merchant and
Payment Network guidelines. The merchant may credit your Card,
provide a cash refund, or issue store credit. Amounts credited to your
Card 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. Point of sale transactions cannot be reversed. Payment for
goods or services using your Card at a point of sale terminal shall not
affect any of the rights, protections, or liabilities under applicable law
regarding a cash or credit sale made by means other than through the
use of a point of sale.
2.16 Foreign Transactions
If you make a transaction in currency other than U.S. Dollars, the
Payment Network will convert the charge or credit into a U.S. Dollar
amount in accordance with its operating regulations or conversion
procedures in effect at the time the transaction is processed. Payment
Network’s regulations and procedures provide the currency conversion
rate it uses is either: (1) a wholesale market rate, or (2) a government
mandated rate in effect on the day of the central processing date. For
each transaction made in a country other than the U.S. or U.S.
Territories, you may be assessed a charge equal to 3% of the U.S. Dollar
amount of the transaction.
2.17
Bill Payment
2.17.1 Payment Authorization and Remittance
By providing us with names and account information of a person or
entity to which you wish to direct a bill payment (“Payee”), you authorize
us to use the information provided by you to send a payment and to debit
your Card and remit funds on your behalf. In order to process payments
more efficiently and effectively, we may alter or edit payment data or data
formats in accordance with Payee directives. We will use our best efforts
to make all your payments properly. However, we shall incur no liability if
we are unable to complete any payment because of the following
circumstances:
• Your Card does not contain sufficient funds to complete the
transaction;
• The payment processing center is not working properly and you
know or have been advised by us about the malfunction before
you initiated the bill payment; or
• You have not provided correct payment information or the correct
name, address, phone number, or account information for the
Payee.
Any bill payment scheduled on a non-Business Day will begin
processing on the next Business Day. A hold for the amount of any
scheduled bill payment will apply to the funds in your Spending Balance
at the time that you schedule a bill payment. If you do not have the funds
available at the time we attempt to make the payment from your Card, the
payment will not be made. If you have scheduled multiple payments to
be made and the funds in your Spending Balance are not sufficient at the
time we attempt to complete all of the scheduled payments, we will pay
only those for which your Spending Balance is sufficient to cover, in no
particular order. We will notify you by SMS text or email of any failed
attempts to make payments from your Card if you have opted in for
scheduled bill payment failed alerts. The recipient’s ability to access
these funds is at the sole discretion of the recipient’s financial institution.
You acknowledge that once the money is delivered to the recipient, the
transaction is non-reversible and non-refundable to you. We are not
responsible for determining whether the amount of money being sent is
correct for any underlying transaction or is actually owed to the recipient.
Any dispute that may arise between you and the recipient relating to a
payment made or received, or any other aspect of a transaction between
you and the recipient, is not our responsibility. You acknowledge that we
do not ensure the quality, safety or legality of any merchandise received,
nor that a seller will even ship the merchandise. WE ARE NOT
RESPONSIBLE FOR PAYMENTS MADE TO UNINTENDED
RECIPIENTS DUE TO THE INPUT OF INCORRECT INFORMATION BY
YOU, NOR SHALL WE BE RESPONSIBLE FOR VERIFICATION OF
THE IDENTITY OF RECIPIENTS.
2.17.2 Transaction Limitations
We reserve the right to limit your use of this functionality by
imposing limits, hold times, or other measures should we believe that
suspicious activity has occurred or may occur. Payments to Payees
outside of the United States or its territories are prohibited.
2.17.3 Payment Cancellation
You may cancel or edit any scheduled payment (including recurring
payments) without a charge if you do so before we have begun
processing the payment. Once we have begun processing the payment,
you must submit a stop payment request (fees apply) in order to cancel
the payment.
2.17.4 Right to Stop Payment and Procedure for Doing
So
If you have told us in advance to make regular payments out of your
account, you can stop any of these payments. Here's how:
Call us at 1.888.572.8472, or write us at Attn: Customer
Service, P.O. Box 190245, Birmingham, AL 35219-9931, in
time for us to receive your request 3 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. We will charge you $25 for each
stop-payment order you give.
2.17.5 Liability for Failure to Stop Payment of
Preauthorized Transfer
If you order us to stop one of these payments 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.
®
2.18 PayPal Transfers
If you have a PayPal account, you can add funds to your Card by
logging into your PayPal account at www.PayPal.com. In order to
complete the transfer, PayPal will require you to designate the account
that you want to transfer funds to as a Checking Account. However, your
Card is not a checking or savings account. PayPal transfers are nonreversible and, for security reasons, we may impose limits on these types
of transfers. The availability of this load method is contingent upon
PayPal making this type of transfer available to you. PayPal transfers will
show up on your account history as a PayPal Load. Your Card cannot be
used to add money to your PayPal account.
2.19
Electronic Check Loads
2.19.1 General
You may Load funds to your Card by capturing checks through a
proprietary mobile application and sending images of the front and back
of those checks ("Check Images") to us in accordance with this
Agreement (funds loaded to your Card through the transmission of Check
Images are "Electronic Check Loads"). We may impose limits from time
to time on the amount or number of Electronic Check Loads you are
permitted to make. We may suspend, revoke or terminate your ability to
use this service without prior notice for reasons including, but not limited
to, suspected fraud; or checks returned as non-negotiable. You may not
initiate Electronic Check Loads from a location outside the United States.
You may not Load funds through the Electronic Check Load Service that
would cause your Card balance to exceed the maximum balance allowed
on your Card. In addition, if we have notified you that you are terminated
or suspended from using the Electronic Check Load Service, you may not
submit a Check Image for loading to your Card.
2.19.2 Items Eligible for the Electronic Check Load
Service
In order to be eligible to be transmitted to us through the Electronic
Check Load Service, a paper check must meet all of the following
requirements: (a) the item must be a paper check made payable only to
you; (b) the amount of the paper check must not exceed $9,500, or cause
your Card balance to exceed $9,500; (c) the paper check must be
payable on demand and drawn on or payable in U.S. dollars at a
Financial Institution whose corporate headquarters is located in the
United States; (d) the paper check must not be dated more than 6
months from the date you submit the Check Image; (e) the paper check
must be properly endorsed by you in a manner substantially similar to the
following: the date of endorsement, your signature, and the words "pay
to the order of Urban Trust Bank"; and (f) the paper check must not
have been previously deposited with any financial institution, or loaded to
the Card or any other prepaid card or used as a source document for any
electronic image that has been transmitted to any financial institution; (g)
check items cannot be future or post dated. Examples of items that are
not eligible for the Electronic Check Load Service include: checks drawn
on banks located outside the U.S., travelers checks, checks payable in a
currency other than U.S. currency, savings bonds, promissory notes,
warrants, gift certificates, customer appreciation certificates, counter
checks, credit card, starter checks, conditional endorsement offers (“by
endorsing this check, you agree to purchase a product and/or service”),
checks payable to a person other than you (even if the check is endorsed
over to you), fraudulent checks, or checks you should have known are
fraudulent, checks containing alterations of any kind, checks we believe
may not be paid by the paying bank, any other type of item that we
determine from time to time to refuse to accept through the Electronic
Check Service.
All Electronic Check Loads are subject to our verification and
final inspection and may be rejected by us for any reason.
2.19.3 Technical Requirements/Accuracy of Images
In order to submit Electronic Check Loads, you must have an
iPhone, Blackberry, or Android mobile telephone (“smartphone”) with a
camera that can take photos of a quality that is acceptable to us, and that
is compatible with the Insight Check Load App. You must visit the
enrollment website https://insightmb.com to enroll in the service and
verify your identity. Once you’ve received enrollment confirmation, you
must download the Insight Check Load App on your smartphone and you
must agree to the Terms of Use that accompany the Insight Check Load
App. We have no responsibility for any technical difficulties you may have
with making any Electronic Check Load, including difficulties with the
Insight Check Load App or your mobile telephone. You will be
responsible for any costs that your smartphone carrier may charge in
connection with your phone plan or download of the Insight Check Load
App.
You are solely responsible for accurately capturing a clear and
complete image of the front and back of each paper check with your
mobile telephone. If your mobile telephone captures a Check Image that
we determine is not of acceptable quality, we may, at our option, reject
your Electronic Check Load (although we have no obligation to inspect
the Check Images you submit for deposit). You must inspect all Check
Images to ensure the legibility of the Check Image is clear and
conspicuous, including, without limitation, inspecting the character (dollar)
and legal (typed or hand written) amounts on the check, the signatures of
the persons signing and endorsing the check, the MICR line on the
bottom of the check, and all other information on the front and back of the
check. Additionally, you are responsible for ensuring that the MICR line
(encoding printed at bottom of check) is legible, free from obstruction and
includes the pre-encoded Routing and Transit Number (9 digits), account
number and check serial number.
We have no liability to you for any failure to process a Check Image
for which you have not provided us (i) full and correct information from
the original paper check, (ii) an accurate and legible image of the original
paper check, or (iii) a Check Image in compliance with our internal
standards. We have no obligation to reject, repair, alter, amend, or reformat in any manner a Check Image that you transmit to us.
2.19.4 Our Receipt of Check Images
Please visit www.InsightCards.com hours in which Check Images
must be received by us to be eligible for deposit and processing on that
day.
We are not responsible for Check Images that we do not receive for
any reason, including a transmission error. The Insight Check Load App
notifies you immediately when a Check Image is successfully uploaded,
but a Check Image is deemed to be received by us only when we send
you confirmation through the Insight Check Load App that the Check
Image was accepted or rejected by us. If the Check Image was accepted
by us, the Card will be loaded with the funds represented by the Check
Image. The Check Image may be rejected by us for any reason at any
time, in our sole discretion. If the Check Image is rejected and returned
requesting a corrective action, it is your sole responsibility to correct the
Check Image to our standards. The Check Image may be rejected up to
3 times before we ask that you Load your funds in another manner. Upon
completion of corrective action and our acceptance of the Check Image,
we will provide notification to you when funds are loaded.
2.19.5 Returned Checks
You agree that we may debit your Card for the amount of any Check
Image that is returned to us unpaid plus the applicable Return Check
Fee.
2.19.6 Your Representations and Warranties
Each time you transmit a Check Image to us for Electronic Check
Load, you are deemed to have made the same representations or
warranties to us that would have applied if you had negotiated the original
paper check to us, and all representations or warranties that we must
make under applicable law, clearinghouse rule, regulation, operating
circular, agreement or otherwise to any person when we transfer, present
or originate a transaction from the Check Image or a substitute check
created from the Check Image (a "Substitute Check"). In addition, you
make the following specific representations and warranties:
• The Check Image is a complete and accurate representation of
the front and back of a check which is eligible for Electronic
Check Load under this Agreement.
• The original check used to create the Check Image has not been
previously transmitted to us as an Electronic Check Load or
deposited with any other financial institution or loaded to any
other prepaid card, duplicated or used to create another image or
electronic fund transfer.
• The Check Image satisfies our image quality standards, as we
may establish them from time to time.
• All information you have provided to us is accurate and complete.
No subsequent transferees of the Check Image or any Substitute
Check (including without limitation, a collecting or returning bank,
drawer, drawee, payee or endorser) shall sustain a loss as the
result of the fact that the Check Image or Substitute Check was
presented for payment or returned instead of the original paper
check.
• You are a person entitled to enforce the check, all signatures on
the check are authentic and authorized, the check has not been
altered or forged, the check is not subject to a defense or claim in
recoupment of any party that can be asserted against you, and
you have no knowledge of any insolvency proceeding against the
drawer.
2.19.7 Customer Indemnification
With respect to the use of Electronic Check Loads and each Check
Image you transmit to us, in addition to any other indemnification
obligations that you may have pursuant to other agreements with us, You
will indemnify and hold us harmless, our licensors and providers of the
Electronic Check Load Service, and their respective directors, officers,
shareholders, employees and agents, against any and all third party
suits, proceedings, claims, demands, causes of action, damages,
expenses (including reasonable attorneys' fees and other legal
expenses), liabilities and other losses that result from or arise out of: (i)
your wrongful acts or omissions, or any person acting on your behalf
(including without limitation your authorized processor, if any), in
connection with your use of the Electronic Check Load Service or
processing of items under this Agreement, including without limitation (a)
your breach of any provision, representation or warranty of this
Agreement, (b) the negligence or willful misconduct (whether by act or
omission) by you or any third party on your behalf, (c) any misuse of the
Electronic Check Load Service by you, or any third party within the
control or on your behalf, (d) your failure to comply with applicable state
and federal laws and regulations, or (e) any fine, penalty or sanction
imposed on us by, any clearing house, or any governmental entity,
arising out of or connected with any item processed by us at your
instruction; (ii) any act or omission by us that is in accordance with this
Agreement or instructions you; (iii) actions by third parties, such as the
introduction of a virus that delay, alter or corrupt the transmission of an
Check Image to us; (iv) any loss or corruption of data in transit from you
to us; (v) any claim by any recipient of a Substitute Check corresponding
to a Check submitted by you under this Agreement, that such recipient
incurred loss due to the receipt of the Substitute Check instead of the
original Check; or (vi) any claims, loss or damage resulting from your
breach of, or failure to perform in accordance with, the terms of this
Agreement.
2.19.8 Retention of Original Check
When the Check Image you have submitted to us for electronic
deposit has been credited to your Card, you must mark the original check
with the word "ELECTRONICALLY PRESENTED" in ink which cannot
be erased, and you must retain the physical check securely for a period
of sixty (60) days. You must store the check securely, using precautions
at least as secure as you would use to protect blank checks. You must
make the original paper check available to us at our request at any time.
If you fail to produce the original check upon our request during the sixty
(60) day period, you authorize us to deduct the amount in question from
your Card, regardless of whether such deduction may result in a negative
balance on your Card, and to pay any associated fees. At the expiration
of the sixty (60) day period, you must securely destroy the original paper
check.
2.19.9 Availability of Funds
Funds will be available to you on the Card the same business day
that we accept a Check Image for Electronic Check Load in accordance
with the section regarding Our Receipt of Check Images above.
2.19.10 Your Security Obligations
You will be solely responsible for establishing, maintaining such
security protocols as deemed necessary to ensure the security of your
access to the Insight Check Load App and your ability to make Electronic
Check Loads are intact, secure and confidential. You shall comply with
the online instructions for using the Electronic Check Load Service by
taking reasonable steps to safeguard the confidentiality and security of
any passwords, physical checks and other proprietary property or
information provided in connection with this service. You should notify us
immediately if there is any reason to believe the security of confidentiality
required by this provision has been or may be breached; and immediately
change the password if you know or suspect the confidentiality of the
password has been compromised in any way. Security procedures are
not designed for the detection of errors, e.g., duplicate transmissions of
Imaged Items or errors in information provided to us. We are not
obligated to detect errors made by you.
2.19.11 Availability of the Service
We will use reasonable efforts to make the Electronic Check Load
Service available; we shall be excused from failing to act or delay in
acting if such failure or delay is caused by legal constraint, interruption of
transmission, or communication facilities, equipment failure, war,
emergency conditions or other circumstances beyond our control. In the
event of any of the foregoing failure or delays, you acknowledge that you
may instead seek other options or alternative means to negotiate the
check item. We shall be excused from failing to transmit or delay in
transmitting an Item for presentment if such transmittal would result in us
having exceeded any limitation upon our intraday net funds position
established pursuant to Federal Reserve guidelines or if we otherwise
violate any provision of any risk control program of the Federal Reserve
or any rule or regulation of any other U.S. governmental regulatory
authority.
2.19.12 No Warranty Disclaimer
OUR REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND
LIABILITIES, AND YOUR RIGHTS AND REMEDIES, SET FORTH IN
THIS AGREEMENT ARE EXCLUSIVE. WE AND OUR LICENSORS
HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE US,
OUR LICENSORS AND THEIR RESPECTIVE OWNERS, OFFICERS
AND EMPLOYEES FROM ALL OTHER REPRESENTATIONS,
WARRANTIES OF ANY NATURE, OBLIGATIONS AND LIABILITIES,
WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR
OTHERWISE, WITH RESPECT TO ANY AND ALL DOCUMENTS,
SERVICES, INFORMATION, ASSISTANCE, SOFTWARE PRODUCTS,
OR OTHER MATTERS PROVIDED UNDER THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION (i) ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A SPECIFIC USE, PURPOSE OR
APPLICATION, OR OTHER IMPLIED CONTRACTUAL WARRANTY; (ii)
ANY IMPLIED WARRANTY ARISING FROM COURSE OF
PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; (iii)
ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT; AND
(iv) ANY OTHER WARRANTY WITH RESPECT TO QUALITY,
ACCURACY OR FREEDOM FROM ERROR. NOTWITHSTANDING THE
GENERALITY OF THE FOREGOING, NEITHER WE NOR OUR
LICENSORS WARRANT THAT OPERATION OF THE PRODUCT WILL
BE ERROR-FREE OR THAT ITS OPERATION WILL BE
UNINTERRUPTED.
2.19.13 Limitation of Liability
We will not be liable to you for any of the following: (i) any damages,
costs or other consequences caused by or related to our actions that are
based on information or instructions that you provide to us; (ii) any
unauthorized actions initiated or caused by you or your representative;
(iii) the failure of third persons or vendors to perform satisfactorily, other
than persons to whom we have delegated the performance of specific
obligations provided in this Agreement; (iv) any refusal of a Payor
Financial Institution to pay a Substitute Check for any reason (other than
the breach of contract, gross negligence or willful misconduct by us,
including without limitation, that the Substitute Check was allegedly
unauthorized, was a counterfeit, had been altered, or had a forged
signature; (v) you or any other party's lack of access to the Internet or
inability to transmit or receive data; (vi) failures or errors on the part of
Internet service providers, telecommunications providers or any other
party's own internal systems, or (vii) if you do not follow or comply with
the representations or warranties set forth in this Agreement.
Our liability for errors or omissions with respect to the data
transmitted or printed by us in connection with this Agreement will be
limited to correcting the errors or omissions. Correction will be limited to
reprocessing, reprinting and/or representing the Substitute Checks to the
Payor Financial Institution.
Notwithstanding anything to the contrary in this Agreement, Our
aggregate liability for claims related to this Agreement, whether for
breach, negligence, infringement, in tort or otherwise, arising during any
12 month period shall be limited to an amount equal to the amount of
fees paid by you to us under this Agreement for such 12 month period.
Except as otherwise specifically provided in this Agreement, in no
event will either party be liable to the other for any consequential, indirect,
incidental, special, exemplary or punitive damages, including without
limitation any loss of use or loss of business, revenue, profits, opportunity
or good will, under any theory of tort, contract, indemnity, warranty, strict
liability or negligence, even if such party has been advised or should
have known of the possibility of such damages.
Each party agrees and acknowledges that the limitations of liability
in this Section are a bargained for allocation of risk and liability, and
agree to respect such allocation of risk and liability. Each party agrees
and acknowledges that the other party would not enter into this
Agreement without the limitations of liability set forth in this Section.
2.19.14 Amendments and Changes
We may add, delete or change the features or functions of the
Electronic Check Load Service, at any time in our sole discretion. If we
deem it reasonably practicable to do so and if the change adversely
affects your usage of the Service, we will notify you of the change in
advance. Otherwise, we will notify you of the change as soon as
reasonably practicable after it is implemented, which notice may be given
electronically. Your continued use of the Electronic Check Load Service
following receipt of the Agreement or notice of a change evidences your
acceptance and agreement to the change. We may cause the Electronic
Check Load Service to be temporarily unavailable to you, either with or
without prior notice, for site maintenance, security or other reasons, and
you acknowledge that factors beyond our reasonable control, such as
telecommunications failure or equipment failure, may also cause the
Electronic Check Load Service to be unavailable to you.
2.20 Overdraft Protection
An overdraft occurs when you do not have enough money in your
Spending Balance to cover a transaction but we pay it anyway. An
Overdraft may result from any debit posted to your Card, including PIN
and signature based transactions, ATM withdrawals, fees, and bill
payments that you initiate or authorize someone else to initiate. We DO
NOT authorize and pay overdrafts for any type of transactions unless you
ask us to, and you meet certain criteria required to activate the Overdraft
Protection Service on your Card. If you have not authorized us to pay an
overdraft, your transaction will be declined. However, some merchants
may not check with us for authorization and some transactions may be
posted even if your Spending Balance has inadequate funds. In such
event, you are responsible to us for the full amount of any negative
balance due to transactions that you initiated.
As described above, you generally do not have the right nor do we
encourage you to make transactions or incur fees in amounts exceeding
your Spending Balance; however, as a courtesy service, Overdraft
Protection is available on your Card if you opt in and have taken the
following steps: (1) opted in for Overdraft Protection; (2) received an ACH
Load of at least $100 to your Card in the previous 35 days; and (3) opted
in to receive Insight Text Alerts to your mobile phone so we can contact
you if you overdraw your Spending Balance (see section on Insight Text
Alerts for more details). Overdraft Protection will be available on your
Card after the first ACH Load to your Card and after you have satisfied
each of the steps described in this paragraph. If you fail to receive an
ACH Load of at least $100 every 35 days, your Card has a negative
balance for more than 35 days, you have engaged in excessive use of
Overdraft Protection, or you opt out of Insight Text Alerts, Overdraft
Protection will be suspended immediately. Your Card will remain open to
receive credits and loads that will automatically be applied to your
negative balance before they are available to you. You agree that within
35 days of any Overdraft occurrence on your Card you will add sufficient
funds to bring your Spending Balance back to a $0 or positive balance, or
that you will otherwise immediately pay such amount(s) to us in full upon
demand. If your Card has a negative balance for more than 35 days on
three separate occasions, Overdraft Protection may be permanently
deactivated. If your Card has a negative balance for more than sixty (60)
days, your Card may be closed and we retain the right to pursue
collection of any amounts owed at our sole and absolute discretion.
If we pay an overdraft on your Card pursuant to your request:
• We will charge you an Overdraft Protection Service Fee
equal to 15% of the Overdraft created at the time the
transaction settles up to a maximum fee of $36.
• The Overdraft Protection Service Fee is assessed against
the portion of any debit transaction that creates or increases
a negative Card balance (“Overdraft”) and are in addition to
any other fees ordinarily applicable to a transaction.
• There is NO MAXIMUM limit on the total fees assessed for
overdrawing your Card.
Multiple Overdraft Protection
Service Fees may be charged if multiple Overdraft
transactions settle on the same day.
• If you load sufficient funds to bring your Spending Balance
back to a zero or positive balance within 24 hours of any
Overdraft transaction, we will refund or waive the Overdraft
Protection Service Fee for those transactions.
It is important to keep track of the value on your Card because it will
be your responsibility to determine if you have overdrawn your Spending
Balance, the day and time the Overdraft occurred, and the amount of any
Overdraft that is approved. You may opt-in or opt-out of the Overdraft
Protection Program by calling 1.888.572.8472. Should you choose to optout, you remain responsible for any negative balance(s) on your Card, as
well as the resulting fees, and agree that any credits or loads made to
your Card will be used to offset the value of the negative balance(s), if
any.
Overdraft Protection is offered at our sole and absolute discretion
as a non-contractual courtesy to you. Our authorization or
settlement of any transaction on one or more occasions does not
obligate us to authorize or settle future transactions. We may refuse
the authorization or settlement of any transaction for you at any
time. We have no obligation to notify you before we approve or
decline a transaction that would result in an Overdraft on your Card.
Your Card is not a credit card and does not directly access any
credit feature or line of credit.
2.21 Card Replacement
If you need to replace your Card for any reason, please contact us
at 1.888.572.8472 to request a replacement Card. You may be required
to provide personal information which may include identifying information,
your Card number, information about your transaction history, etc. There
is a fee for replacing your Card.
2.22 Card Expiration
Please note that your Card has a “Valid Thru” date on the front of
the Card. This “Valid Thru” date is the date through which your physical
plastic card may be used, and is required to process purchases at
merchants that request a plastic expiration date. You may not use the
Card after the “Valid Thru” date on the front of the Card. Even if the
“Valid Thru” date has passed on your Card, the available funds on your
Card do not expire.
You should receive a replacement Card from us before your old
Card “Valid Thru” date passes. You will not be charged the Replacement
Card Fee for replacement cards that we send due to expiration of the
Card. Once you receive your new Card, you should cut the old Card in
half and throw it away. You can start using your new Card for
transactions and purchases as soon as you receive it in the mail and it is
activated. If you do not receive a replacement Card in a timely manner,
please call 1.888.572.8472.
2.23 Closing Your Card
You may close your Card at any time. You may request a refund
check be issued to you if you still have a balance on your Card. In order
to allow enough time for all transactions to be cleared through our
system, it may take up to ninety (90) days after Card expiration or Card
closure for refund checks to be issued to you.
MONITORING
YOUR
BALANCE
AND
OBTAINING
TRANSACTION ACTIVITY
In order to minimize the fees you pay, you should carefully track
your Card balance. We offer a variety of means by which you can check
your transactions and your balance, including:
• Insight Text Alerts – real time text message of account activity
• Insight Email Alerts – email notifications of account activity
• Online
balance
and
transaction
monitoring
at
www.InsightCards.com
• Toll-free, automated Card information accessible by calling
1.888.572.8472.
through which text messages are transmitted are outside our control and
that we are not able to assist in resolution of problems with such
networks. We cannot accept responsibility for any text messages not
received by you, or any text reply messages we do not receive from you,
or for any delay in the receipt or delivery of any text notification. We
reserve the right to suspend or discontinue the availability of Insight Text
Alerts at any time in our sole discretion and without prior notice.
If you make your mobile phone available to any other individual, you
agree that you are responsible for any subsequent access to the Insight
Text Alerts. If you believe that your mobile phone has been stolen and
that someone may attempt to use the Insight Text Alerts without your
consent, you should notify us at once by 1.888.572.8472. It is your sole
responsibility to ensure the mobile phone number you provide to us is
current and accurate. Changes to your contact information can be made
online at www.InsightCards.com or by calling 1.888.572.8472. We are
not responsible for loss of messages and other consequences if you do
not provide accurate up to date contact information.
You may discontinue the receipt of future text messages by replying
“STOP,” by calling 1.888.572.8472, or by logging into your account at
www.InsightCards.com and changing your alert settings. If you do so,
you will not be able to use the Electronic Check Load Service or
Overdraft Protection.
3.2
Statements
Statements in electronic format will be made available free of charge
at www.InsightCards.com. You may request to have a paper statement
mailed to you.
You may obtain information about the amount of money you have
remaining on your Card by calling 1.888.572.8472. This information,
along with a 60-day history of transactions, is also available on-line at
www.InsightCards.com. You also have the right to obtain a 60-day
written history of transactions by calling the 1.888.572.8472, or by writing
us at Attn: Customer Service, P.O. Box 190245, Birmingham, AL 352199931.
3.0
3.1
Insight Alerts
3.1.1 Insight Email Alerts
By opting in to receive Insight Email Alerts, you expressly agree to
receive email messages to any email address that you provide to us.
Insight Email Alerts are real time email messages of account activity.
Your access and use of Insight Text Alerts may be interrupted from time
to time for any of several reasons, including, without limitation, the
malfunction of equipment, periodic updating, maintenance or repair of
servers or other actions that we, in our sole discretion, may elect to take.
We cannot accept responsibility for any email messages not received by
you, or any email reply messages we do not receive from you, or for any
delay in the receipt or delivery of any email notification. We reserve the
right to suspend or discontinue the availability of Insight Email Alerts at
any time in our sole discretion and without prior notice. If you make your
email address available to any other individual, you agree that you are
responsible for any subsequent access by such individual to the Insight
Email Alerts. It is your sole responsibility to ensure the email address
you provide to us is current and accurate. You may discontinue the
receipt of future email messages or make changes to your contact
information online at www.InsightCards.com or by calling
1.888.572.8472. We are not responsible for loss of messages and other
consequences if you do not provide accurate up to date contact
information.
3.1.2 Insight Text Alerts
By opting in to receive Insight Text Alerts, using the Electronic
Check Load Service, or opting in to Overdraft Protection, you expressly
agree to receive Insight Text Alerts (real time text messages of account
activity) to any mobile phone number that you provide to us. You will be
responsible to your phone carrier for the costs of any text messages you
receive or send in connection with the Insight Text Alerts.
Your access and use of Insight Text Alerts may be interrupted from
time to time for any of several reasons, including, without limitation, the
malfunction of equipment, periodic updating, maintenance or repair of
servers or other actions that we, in our sole discretion, may elect to take.
You understand and acknowledge that the telecommunications networks
4.0
CONFIDENTIALITY
We may disclose information to third parties about your Card or the
transactions you make for the following reasons:
• Where it is necessary to complete transactions;
• In order to verify the existence and condition of your Card for a
third party, such as a merchant;
• In order to comply with a government agency request, court order,
or other legal reporting requirements;
• If you give us your permission;
• To our employees, auditors, affiliates, service providers, or
attorneys as needed;
• In order to prevent, investigate or report possible illegal activity;
• In order to issue authorizations for transactions on the Card; or
• As otherwise permitted by law.
Please see our Privacy Policy for further details.
5.0
OUR
LIABILITY
FOR
FAILURE
TO
COMPLETE
TRANSACTIONS
If we do not properly complete transactions on time or in the correct
amount in accordance with our agreement with you, we may be liable for
your losses or damages. However, we will not be liable if:
• Through no fault of ours, you do not have enough funds available
to complete the transaction;
• A merchant refuses to accept your Card;
• An ATM terminal does not have enough cash;
• If a computer system, ATM, or POS terminal was not operating
properly and you knew about the problem before initiating the
transaction;
• If you attempt to use a Card that has not been properly activated;
• If there is an insufficient balance because there is a hold on your
Card;
• Your funds are subject to legal process or other encumbrances
restricting transfer;
• Access to the Card has been blocked due to it being reported as
lost or stolen;
• We have reason to believe that the transaction is unauthorized;
• Circumstances beyond our control, such as fire or flood, prevent
completion of the transaction, despite reasonable precautions that
we have taken; or
• Any other exception stated in our agreement with you.
In no event will we be liable for consequential damages (including lost
profits), extraordinary damages, special or punitive damages.
6.0
UNAUTHORIZED TRANSFERS
6.1
Your Liability for Unauthorized Transfers; Lost or Stolen
Cards
Contact us at once if you believe your Card or username and
password has been lost or stolen, or if you believe that a transaction has
been made without your permission. Telephoning is the best way of
keeping your possible losses down. You could lose all the money on
your Card. If you tell us within 2 business days after you learn of the loss
or theft of your Card or username or password, you can lose no more
than $50 if someone used your Card or username and password without
your permission.
If you do NOT notify us within 2 business days after you learn of the
loss or theft of your Card or username and password, and we can prove
that we could have stopped someone from using your Card or username
and password without your permission if you had promptly notified us,
you could lose as much as $500.
Also, if your statement shows transfers that you did not make,
including those made by card, code or other means, tell us at once. If
you do not tell us within 60 days after the statement was made available
to you, you may not get back any money you lost after the 60 days if we
can prove that we could have stopped someone from taking the money if
you had told 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.
However, you will not be liable for these amounts if: your Card is in
good standing; you have exercised reasonable care in safeguarding your
Card; and you have not reported two or more unauthorized events in the
past 12 months (“Zero Liability”). This Zero Liability policy covers all Visa
signature debit card transactions processed over the Visa network. ATM
and PIN POS transactions are not covered under the Zero Liability policy.
You agree to cooperate reasonably with us in our attempts to recover
funds from, and to assist in the prosecution of, any unauthorized users of
your Card. You agree that any unauthorized use does not include use by
a person to whom you have given authority to use the Card or PIN and
that you will be liable for all such uses by such person.
6.2
Contact in Event of Unauthorized Transfers; Business
Days
If you believe your Card number or username and password has
been lost or stolen, call us at 1.888.572.8472 or write to us at Attn:
Customer Service, P.O. Box 190245, Birmingham, AL 35219-9931. You
should call or write to us if you believe a transaction has been made
without your permission.
For purposes of these disclosures, our business days are MondayFriday, except for holidays when the Federal Reserve Banks are closed.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR CARD
In the case of errors or questions about your Card,
Telephone us at 1.888.572.8472
or
Write us at Attn: Customer Service, P.O. Box 190245,
Birmingham, AL 35219-9931
as soon as you can, if you think an error has occurred on your Card. We
must allow you to report an error until 60 days after the earlier of the date
you electronically access your Card, 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 1.888.572.8472 or writing us at
Attn: Customer Service, P.O. Box 190245, Birmingham, AL 35219-9931.
You will need to tell us:
• Your name and 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 Cards, point-of-sale, or foreign-initiated
transactions, we may take up to 90 days to investigate your complaint or
question. For new Cards, 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 3 business days after completing
our investigation. If we decide 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 1.888.572.8472 or visit www.InsightCards.com.
8.0
OTHER IMPORTANT PROVISIONS
Use of your Card is subject to all the rules and regulations of any
clearing house or association involved in the transactions. We do not
waive our rights by delaying or failing to exercise them at any time. If any
of the provisions of this Agreement are determined to be invalid or
unenforceable, the validity and enforceability of the remaining provisions
shall not be affected. This Agreement will be governed by the laws of the
State of Delaware except to the extent governed by federal law. We may
amend or change the terms of this Agreement at any time.
8.1
Inactive Cards and Abandoned Property
Your Card may be classified as inactive after an extended period of
no activity initiated by you (that is, no activity other than any credits or
debits initiated by us). If your Card is inactive, we may block outgoing
transfers from your Card until you contact Customer Service to reauthorize such transfers. If your Card remains inactive, we will attempt to
contact you using the last address and contact information you provided
to us. If we are unable to locate you after the period of time specified
under applicable state law, we may be required to deliver the funds on
your Card to the appropriate state as abandoned property. If you wish to
reclaim abandoned property, you must apply to the state for return of
your funds.
8.2
Change of Address
If your U.S. mail or postal address changes, you must notify us
immediately. Failure to do so may result in information regarding the
Card being mailed to the wrong person or your transactions being
declined. In such event, we shall not be responsible for any resulting
misuse of funds available on the Card. Any notice given by us shall be
deemed given to you if mailed to you at the last U.S. mail address for the
Card furnished by you. You agree that we may accept changes of
address from the U.S. Postal Service. You also agree that if you attempt
to change your address to a non-U.S. address, your Card may be
cancelled and funds returned to you in accordance with this Agreement.
8.3
Telephone Monitoring/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 authorize us to contact you orally or in
writing, by electronic messaging, or otherwise, with respect to your Card.
7.0
8.4
Systems and Software
We shall not be responsible to you for any loss or damages suffered
by you as a result of the failure of systems and software used by you to
interface with our systems or systems and software utilized by you to
initiate or process Card transactions, whether such transactions are
initiated or processed directly with our systems or through a third party
service provider. You acknowledge that you are solely responsible for
the adequacy of systems and software utilized by you to process Card
transactions and the ability of such systems and software to do so
accurately.
8.5
Taxes
You acknowledge and agree that we are not obligated to determine
whether any federal, state or local tax applies to any transaction involving
the use of your Card, nor are we responsible for collecting, remitting, or
reporting any sales, use, income or other taxes arising from any such
transactions.
8.6
Disclaimer of Warranties
We are not responsible for the quality, safety, legality, or any other
aspect of any goods or services you purchase with your Card. All such
disputes should be addressed to the merchants from whom the goods
and services were purchased.
Except as expressly otherwise provided in this Agreement, we make
no representations or warranties of any kind to you, whether express or
implied, regarding the Card without limitation, any implied warranties of
merchantability or fitness for a particular purpose.
8.7
No Waiver
No failure by us to enforce the performance of any provision of this
Agreement or to impose any fee or other amount allowed hereunder will
constitute a waiver by us of our right to subsequently enforce such
provision or any other provisions of this Agreement or to impose such
fees or other amounts pursuant hereto.
8.8
Assignment
You may not transfer or assign ownership of your Card to anyone or
allow anyone else to use your Card. We may assign or transfer our rights
and obligations under this Agreement, including all our rights and
obligations in respect of any Card at any time without prior notice to you.
8.9
Amendment and Cancellation
We, in our sole and absolute discretion, may amend or change the
terms and conditions of this Agreement at any time. You will be notified of
any change in accordance with applicable law. However, any changes
made for security purposes may be implemented without prior notice.
Please visit www.InsightCards.com for the most recent terms.
8.10 Notice of Claims
Prior to bringing a lawsuit or initiation an arbitration that asserts a
claim arising out of or related to this Agreement (as further defined below,
a “Claim”), the party asserting the Claim (the “Claimant”) shall give the
other party (the “Defendant”) written notice of the Claim (a “Claim Notice”)
and a reasonable opportunity, not less than 30 days, to resolve the
Claim. Any Claim Notice to you shall be sent in writing to the address we
have in our records (or any updated address you subsequently provide to
us). Any Claim Notice to us shall be sent by mail to Insight, Attn: Claim
Notice, P.O. Box 190245, Birmingham, AL 35219-9931 (or any updated
address we subsequently provide). Any Claim Notice you send must
include your name, address, and Card number. Any Claim Notice must
explain the nature of the Claim and the relief that is demanded. You may
only submit a Claim Notice on your own behalf and not on behalf of any
other party. No third party, other than a lawyer you have personally
retained, may submit a Claim Notice on your behalf. The Claimant must
reasonably cooperate in providing any information about the Claim that
Defendant reasonably requests.
9.0
ARBITRATION
9.1 General: You and we agree that, unless prohibited by
applicable law, either party may elect to arbitrate – and require the other
party to arbitrate - any Claim under the following terms and conditions.
Certain terms used in this Arbitration Provision are defined below under
the heading “Definitions.”
9.2 Right To Reject Arbitration Provision: If you act promptly,
you may reject this Arbitration Provision, in which event neither you
nor we will have the right to require arbitration of any Claims. To
reject this Arbitration Provision, you must send us a notice
(“Rejection Notice”) that we receive within sixty (60) days after you
activate your Card. Any Rejection Notice must be signed by you and
must include your name, address and telephone number. You must
mail your Rejection Notice by certified or registered mail or send it
by messenger service (such as Federal Express) to Insight Card
Services, LLC, Attn: Arbitration Opt-Out, P.O. Box 190245,
Birmingham, AL 35219-9931. In the event of any dispute concerning
whether you have provided a timely Rejection Notice, you must
provide a signed receipt. This is the only method you can use to
reject the Arbitration Provision. If the Rejection Notice is sent on
your behalf by a third party, such third party must include evidence
of his or her authority to submit the Rejection Notice on your behalf.
Rejection of the Arbitration Provision will not affect any other aspect
of this Agreement.
9.3 Important Notice And Limitations (NO CLASS ACTIONS): If
you or we elect to arbitrate a Claim, unless prohibited by applicable law,
neither you nor we will have the right to: (1) have a court or a jury decide
the Claim; (2) engage in pre-arbitration discovery (i.e., the right to obtain
information prior to the hearing) to the same extent that you or we could
in court; (3) participate in a class action in court or in arbitration, either as
a class representative or a class member; (4) act as a private attorney
general in court or in arbitration; or (5) join or consolidate your Claim(s)
with claims of any other person or involving any other transaction, and
the arbitrator shall have no authority to conduct any such class, private
attorney general or multiple-party proceeding. The right to appeal is more
limited in arbitration than in court. Other rights that you would have if you
went to court may also not be available in arbitration.
9.4 Definitions: The following definitions apply to this Arbitration
Provision:
• “We,” “us” and “our” mean the Bank, Insight, their assignees and
the parents, subsidiaries, affiliates and successors of such
companies, as well as the officers, directors, agents and
employees of any of the foregoing.
• “Administrator” means 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.org; or any other company selected by
mutual agreement of the parties. If both AAA and JAMS cannot or
will not serve and the parties are unable to select an Administrator
by mutual consent, the Administrator will be selected by a court.
The arbitrator will be appointed by the Administrator in
accordance with the rules of the Administrator. However, the
arbitrator must be a retired or former judge or a lawyer with at
least 10 years of experience. You get to select the Administrator if
you give us written notice of your selection with your notice that
you are electing to arbitrate any Claim or within twenty (20) days
after we give you notice that we are electing to arbitrate any Claim
(or, if you dispute our right to require arbitration of the Claim,
within twenty (20) days after that dispute is finally resolved). If you
do not select the Administrator on time, we may do it.
Notwithstanding any language in this Arbitration Provision to the
contrary, no arbitration may be administered, without the consent
of all parties to the arbitration, by any Administrator that has in
place a formal or informal policy that is inconsistent with the
subparagraph above captioned “Important Notice and Limitations
(No Class Actions)” (the “Class Action Waiver”).
• “Claim” means any legal claim, dispute or controversy between
you and us that: (1) cannot be resolved without a judicial or
arbitration proceeding; and (2) arises from or relates in any way to
the Card or this Agreement, including any dispute concerning the
validity, enforceability or scope of this Arbitration Provision or this
Agreement or whether any dispute is subject to arbitration.
However, “Claim” does not include any Excluded Claim or
Proceeding. Without limiting the above definition, the term “Claim”
covers any legal claim, dispute or controversy (other than an
Excluded Claim or Proceeding) arising from or relating to this
Agreement or any agreement, application, disclosure, advertising
or document relating to this Agreement. It includes legal claims,
disputes or controversies relating to past, present or future acts or
omissions. “Claim” is to be given the broadest possible meaning
and includes claims of every kind and nature, including but not
limited to initial claims, amended claims, new claims asserted in
existing litigation, counterclaims, cross-claims and third-party
claims and claims based upon contract, tort, fraud and other
intentional torts, constitution, statute, regulation, ordinance,
common law and equity. It includes disputes that seek relief of
any type, including damages and/or injunctive, declaratory or
other equitable relief.
• “Excluded Claim or Proceeding” means any of the following
claims or proceedings, which will not be subject to this Arbitration
Provision: (1) any individual action brought by you in small claims
court or your state’s equivalent court, unless such action is
transferred, removed, or appealed to a different court; and (2) any
assertion that the Class Action Waiver is invalid or unenforceable.
9.5 Starting An Arbitration: To start an arbitration, you or we
must give written notice of an election to arbitrate. This notice may be
given after a lawsuit has been filed and may be given in papers or
motions in the lawsuit. If such a notice is given, the Claim shall be
resolved by arbitration under this Arbitration Provision and the applicable
rules of the Administrator then in effect.
9.6 Location And Costs: Any arbitration hearing that you attend
will take place in a location that is reasonably convenient for you. If you
cannot afford or otherwise do not want to pay the Administrator’s or
arbitrator’s filing, administrative, hearing and/or other fees and cannot
obtain a waiver of fees from the Administrator, we will consider in good
faith any request by you for us to bear the cost of those fees. We will pay
for our own attorneys, experts and witnesses and will pay the reasonable
fees and charges of your attorneys, experts and witnesses if you win the
arbitration. We will pay any administration fee, arbitration fees and fees
and charges of attorneys, experts and witnesses if and to the extent we
are required to pay such fees and charges by law or in order to make this
Arbitration Provision enforceable.
9.7 Discovery; Getting Information: In addition to the parties’
rights under the Administrator’s rules to obtain information prior to the
hearing, either party may ask the arbitrator for more information from the
other party. The arbitrator will decide the issue in his or her sole
discretion, after allowing the other party the opportunity to object.
9.8 Effect Of Arbitration Award: Any court with jurisdiction may
enter judgment upon the arbitrator’s award. The arbitrator’s award will be
final and binding, except for: (1) any appeal right under the Federal
Arbitration Act, 9 U.S.C. §§1 et seq. (the “FAA”); and (2) Claims involving
more than $50,000. For Claims involving more than $50,000, any party
may appeal the award to a three-arbitrator panel appointed by the
Administrator, which will reconsider anew any aspect of the initial award
that is appealed. The panel’s decision will be final and binding, except for
any appeal right under the FAA. The costs of any appeal will be borne in
accordance with the paragraph above captioned “Location And Costs.”
9.9 Governing Law: This Arbitration Provision is made pursuant to
a transaction involving interstate commerce and shall be governed by the
FAA, and not by any state law concerning arbitration. However,
notwithstanding any language elsewhere in this Agreement to the
contrary, to the extent that any state law bears on the enforceability of
this Arbitration Provision, the state law in question will be the law of the
state where you reside when you open the Card. The arbitrator shall
follow applicable substantive law to the extent consistent with the FAA,
applicable statutes of limitation and applicable privilege rules, and shall
be authorized to award all remedies available in an individual lawsuit
under applicable substantive law, including, without limitation,
compensatory, statutory and punitive damages (which shall be governed
by the constitutional standards applicable in judicial proceedings),
declaratory, injunctive and other equitable relief, and attorneys’ fees and
costs. Upon the timely request of either party, the arbitrator shall write a
brief explanation of the basis of his or her award. The arbitrator will follow
rules of procedure and evidence consistent with the FAA, this Arbitration
Provision and the Administrator’s rules.
9.10 Survival, Severability, Primacy: This Arbitration Provision
shall survive the termination of this Agreement, the expiration or
termination of the Card and the fulfillment of all our and your obligations
under this Agreement. If any portion of this Arbitration Provision, other
than the Class Action Waiver, is deemed invalid or unenforceable, the
remaining portions shall nevertheless remain in force. If a determination
is made that the Class Action Waiver is unenforceable, only this sentence
of the Arbitration Provision will remain in force and the remaining
provisions shall be null and void, provided that the determination
concerning the Class Action Waiver shall be subject to appeal. In the
event of any conflict or inconsistency between this Arbitration Provision
and the Administrator’s rules or any other provision of or documents
relating to this Agreement, this Arbitration Provision will govern.
9.11 Special Payment: If (1) you submit a Claim Notice in
accordance with the provision of this Agreement captioned “Notice of
Claims” on your own behalf (and not on behalf of any other party); (2) we
refuse to provide you with the relief you request; and (3) an arbitrator
subsequently determines that you were entitled to such relief (or greater
relief), the arbitrator shall award you at least $5,100 (plus any fees and
costs to which you are entitled).
If you do not accept the terms and conditions set forth in this Agreement, you will not be able to keep or use the Card.
By activating your Card, you acknowledge and agree that:
• You have read and agree to this Agreement.
• You acknowledge receipt of the Privacy Policy set forth below.
This Card is issued by Urban Trust Bank, FSB, pursuant to a license from Visa U.S.A. Inc.
Customer Service:
P.O. Box 190245
Birmingham, AL 35219-9931
1.888.572.8472
www.InsightCards.com FACTS
Why?
What?
-­‐
-­‐
-­‐
How?
Rev.July 2011
WHAT DOES URBAN TRUST BANK DO WITH YOUR PERSONAL INFORMATION?
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 you how we collect, share and protect your
personal information. Please read this notice carefully to understand what we do.
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 Payment history
- Account balances and Transaction or loss history
- Credit history and Checking account information
When you are no longer our customer, we continue to share your information as described in this notice.
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 Urban Trust Bank chooses to share; and whether you can limit sharing.
Does Urban Trust Bank
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 your transactions and experiences
No
We don’t share
For our affiliates’ everyday business purposes—
information about your creditworthiness
No
We don’t share
For nonaffiliates to market to you
No
We don’t share
Reasons we can share your personal information
Questions
?
Call toll free 1-800-584-0015 or go to www.urbantrustbank.com
What we do
How does Urban Trust Bank
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 files and buildings.
How does Urban Trust Bank
collect my personal
information?
We collect your personal information, for example, when you
-­‐ Open an account or Apply for a loan
-­‐ Use your credit or debit card or Make deposits or withdrawals from your account
-­‐ Provide account information
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.
-­‐ Urban Trust Bank has no affiliates.
Nonaffiliates
Companies not related by common ownership or control. They can be financial and nonfinancial
companies.
-­‐ Urban Trust Bank does not share with nonaffiliates so they can market to you.
A formal agreement between nonaffiliated financial companies that together market financial products or
services to you.
-­‐ Urban Trust Bank does not jointly market.
Joint marketing
©1995-2011 Compliance Systems, Ins. F6474ebf-ealle73b – 2011d1.1.169 – 06/23/2011 – priv11 – EASY ACCESS TO FINANCIAL DREAMS