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This document constitutes the agreement ("Agreement") outlining the terms and conditions under which the NexsCard Visa Prepaid Card has been issued to you
by Metropolitan Commercial Bank (Member FDIC) pursuant to a license from Visa U.S.A. Inc. "Metropolitan Commercial Bank" and "Metropolitan" are registered
trademarks of Metropolitan Commercial Bank ©2014. By accepting and/or using this Card, you agree to be bound by the terms and conditions contained in
this Agreement. In this Agreement, "Card" means the NexsCard Visa Prepaid Card issued to you by Metropolitan Commercial Bank. "Card Account" means the
custodial sub-account maintained on your behalf to account for the transactions made with your Card, Card Number or Account Number. "Card Number" is the
16-digit number on your Card. "Account Number" means a number used to identify your Card Account. "You" and "your" means the person who has received the
Card and is authorized to use the Card as provided for in this Agreement. "We," "us," and "our" mean Metropolitan Commercial Bank, our successors,
affiliates or assignees. MCB is the provider of the Card, and the Card will remain the property of Metropolitan Commercial 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. Please read this Agreement
carefully and keep it for future reference.
The Card is a prepaid card. The Card allows you to access funds loaded or deposited to your Card Account. You are responsible for all activity on and fees
that occur with respect to your Card Account. Your Card Account does not constitute a checking or savings account and is not connected in any way to any
other account you may have. The Card is not a gift card, nor is it intended to be used for gifting purposes. The Card is not a credit card. You will not
receive any interest on the funds in your Card Account. The funds in your Card Account will be FDIC insured provided your Card is registered. We may limit
your ability to use your Card or certain Card features until we have been able to successfully verify your identity and your card is registered. Your funds
will never expire, regardless of the expiration date on the front of your Card. You may register your Card by calling 800-221-6504 or going to www.NexsCard.com. In order for the Card to accept reloads, the U.S.A. P.A.T.R.I.O.T. Act, a federal law, requires
all financial institutions to obtain, verify, and record information that identifies each person who opens a Card Account. When you open a Card Account, we
will ask you for identification that may include, but is not limited to: your name, address, date of birth, social security number and/or other information
that will allow us to reasonably identify you and ensure that you are at least 18 years of age. We may also ask to view your driver's license or other
identifying documents. By participating in the Card program, you warrant that (a) any information you provided to reasonably identify you is true,
complete, and accurate; and (b) you received a copy of this Agreement and agree to be bound by and to comply with its terms. If you falsify, misrepresent,
or fail to provide requested information, or fail to comply with the terms and conditions, we may cancel your Card. We reserve the right to restrict,
delay, or deny access to any such funds. We also reserve the right to close or cancel your Card at any time for any reason at our sole discretion.
Authorized Users: You may not permit another person to have access to your Card, Card Number, Account Number or any PIN (as defined below) associated with
the Card or your Card Account. If you do provide access to your Card, Card Number, Account Number or PIN, you are liable for all transactions made with the
Card, Card Number or Account Number by those persons, and may waive other rights. You agree that use of this Card is governed by this Card Agreement.
Personal Identification Number ("PIN"): You have the ability to request a Personalized Identification Number ("PIN"). You can request the PIN by calling
800-221-6504. You may use your Card (i) to obtain cash from any participating Automated Teller Machine ("ATM") or (ii) at any point-of-sale ("POS") device
which requires entry of a PIN that bears the Visa brand mark. All ATM transactions are treated as cash withdrawal transactions. You should not write or
keep your PIN with your Card. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately by calling (800)
634-8950, and follow the procedures in the paragraph labeled "Your Liability for Unauthorized Transfers."
Loading Your Card Account (Cash): You may add cash funds to your Card Account, called "value loading", or "reload" at any time. Some reload locations may
have limits on the minimum amount you may load to your Card Account. The maximum value load you may place on your Card is restricted to $5,000 per day. The
maximum balance you may have on your Card is $10,000 for cash loads only without direct deposit. You agree to present the Card and meet identification
requirements to complete load transactions. You may only load your Card Account with cash.
Loading Your Card Account (Direct Deposit): You may add funds to your Card Account, through Direct Deposit at any time, once we have successfully verified
your personal information. There is no minimum to the amount you may Direct Deposit on to the Card. Your Direct Deposit information is available at any
authorized NexsCard retail location, as well as by calling (800) 221-6504 and requesting the necessary information. The maximum value load you may place on
your Card is restricted to $20,000 for card accounts with direct deposit. You agree to present the Card and meet identification requirements to complete
the load. A reload fee, and/ or agent service fee, will apply for each reload. An agent service fee is a fee collected by NexsCard from your card account
on behalf of the retail location where you purchased your card. The agent service fee is determined by your retailer subject to terms and conditions.
Please contact your retailer for details about your agent service fee.
Funds Availability: Funds are usually available within one (1) hour from the time they are loaded onto your Card Account. We reserve the right to withhold
funds up to 48 hours for cash loads for security purposes. You can shorten this hold period by calling 800-221-6504 to verify your load transaction.
Card Account Access: You may use your Card to: (1) withdraw cash from your Card Account, (2) make deposits to your Card Account, (3) transfer funds between
Card Accounts, (4) purchase or lease goods or services wherever your Card is honored as long as you do not exceed the value available in your Card Account,
and (5) pay bills directly from your Card Account in the amounts and on the days you request.
Split Transactions: Your Card cannot be redeemed for cash. You may use your Card to access cash at an ATM or authorized NexsCard retailer. Value Loads
(Deposits) to your Card Account are not permitted at any ATM terminals. You may not use your Card for any illegal transactions or any gambling activity. If
we suspect that you have used your Card to conduct an illegal transaction, we reserve the right to cancel your card.
Limitations on frequency of transactions: For security reasons, we may limit the amount or number of transactions you can make with your Card. Card-to-Card
transfers are limited to ten (10) total per month. Card-to-Card transfers may not exceed $1,000.00 per day, cumulative, and $10,000.00 per month,
cumulative. You may not exceed three (3) cash loads per calendar day.
Limitations on dollar amounts of transactions: The maximum cumulative amount that may be withdrawn from an ATM or Bank Teller per calendar day is $800.00.
You may make a total of 4 cash withdrawals per calendar day. The maximum cumulative amount that may be withdrawn in one calendar day from an approved
NexsCard Retail Location is $2,500.00. The maximum cumulative amount that may be withdrawn in one calendar day from a combination of ATM, Bank Teller, or
approved NexsCard Retail Location is $2,500.00. The maximum daily amount that can be spent in one calendar day is $10,000.00.
You are responsible for all transactions on your Card, even if you give access to your Card Account, Card Number, Account Number, PIN or access device,
except as otherwise set forth herein. If you do not have enough funds available in your Card Account, you can instruct the merchant 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. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash. If an authorization is
presented by a merchant for an amount that exceeds your balance, that transaction will be declined.
Card Not Present Transactions: If you use your Card Number without presenting your Card (such as for a mail order, telephone, or internet purchase), the
legal effect will be the same as if you used the Card itself. Each time you initiate a Card transaction, you authorize us to reduce the funds available in
your Card Account by the amount of the transaction and all associated fees. You are not allowed to exceed the available amount in your Card account through
an individual transaction or a series of transactions (creating a "negative balance"). Nevertheless, if any transactions cause the balance in your Card
Account to go negative, including any purchase transactions where the retailer or merchant does not request authorization, you shall remain fully liable to
us for the amount of any negative balance and any corresponding transaction fees. We reserve the right to bill you for any negative balance or to recoup
such negative balance from any other Card we have issued to you. You agree to pay us promptly for the negative balance and any related fees. We also
reserve the right to cancel this Card and close your Card Account should you create one or more negative balances with your Card.
Authorization Holds: You do not have the right to stop payment on any purchase transaction originated by use of your Card, except as otherwise provided
herein. When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and the merchant may
estimate its final value. When you use your Card to obtain cash at an ATM or from a Bank Teller, we will authorize the transaction in advance (including
all applicable fees). When we authorize a purchase transaction, we commit to make the requested funds available when the transaction finally settles and
will place a temporary hold on your Card's funds for the amount indicated by the merchant. If you authorize a transaction and then fail to make a purchase
of that item as planned, the approval may result in a hold for that amount of funds for several days or longer in some cases. Car rentals, hotels and other
service-oriented merchants may choose to factor in additional amounts upon check-in, and it may take up to thirty (30) days after your stay or your rental
to have any excess amounts held by the hotel or rental company added back to your available balance. Similarly, some gas stations may factor in additional
amounts to cover potential filling of the tank; if you want to avoid such a hold, you may want to pay inside the gas station, instead of paying at the
pump. Until the transaction finally settles, the funds subject to the hold will not be available to you for other purposes. We will only charge your Card
for the correct amount of the final transaction, and we will release any excess amount when the transaction finally settles.
When you use your Card at certain restaurants and service-oriented merchants, there may be an additional 20% added to the authorization to cover any tip
you may leave on the purchase. If this occurs, and your total bill, after adding in the additional 20% exceeds the amount available on your Card, your
transactions may be declined. Accordingly, you should ensure that your Card has an available balance that is 20% greater than your total bill prior to
using your Card. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount
of funds for up to 30 days.
Your Card is valid until the expiration date imprinted on the Card. If there is a remaining unused balance when the Card expires, your balance will be
transferred to a new Card.
If you do not want to transfer the balance, you may go to a NexsCard Authorized Retailer to cancel your Card and obtain the remaining balance. Fees will
apply. Refer to Account Closure/Balance Refund Fee in NexsCard Visa Card Fee Schedule.
Notify us immediately if you change your address. You may write us at: NexsCard, P.O. BOX 307, New Hyde Park, NY 11040. Include your name, Card Number (on
front of Card), new address and proof of new address. Or you may bring proof of your new address to any NexsCard Authorized Retailer and give it to a
teller to process. If you do not notify us, you may waive other rights.
For purposes of these disclosures, our business days are Monday through Friday, excluding federal and legal banking holidays in the State of New York.
If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card account for such
refunds. The amounts credited to your Card account for refunds may not be available for up to five (5) days from the date the refund transaction occurs.
You should get a receipt at the time you make a transaction or obtain cash using your Card. You agree to retain your receipt to verify your transactions.
You can get a receipt at the time you make any transfer from your Card Account. If you do not get a receipt, please notify NexsCard at 800-221-6504.
Unregistered Cards: Unregister cards may only load up to $1,000 per day and are restricted to Signature Transactions.
Fees: FEES INCURRED PURSUANT TO THE TERMS OF THIS AGREEMENT WILL BE WITHDRAWN FROM YOUR CARD ACCOUNT SO LONG AS THERE IS A REMAINING BALANCE IN YOUR CARD
ACCOUNT, OR AT A TIME WHEN THOSE FUNDS ARE MADE AVAILABLE.
ATM Fees: With a PIN, you may use your Card to (i) obtain cash or check your balance at any participating Automated Teller Machine ("ATM"), or (ii) obtain
cash at merchants or banks that have agreed to provide cash back at POS terminals. All ATM transactions are treated as cash withdrawal transactions. The
maximum amount of cash you may withdraw at an ATM on a daily basis is described in the Section entitled "Limitations on dollar amounts of transactions". We
do limit the amount of any individual ATM withdrawal, and merchants, banks and ATM operators may impose additional withdrawal limits. You will be charged a
fee by us for each cash withdrawal and balance inquiry made at an ATM or cash withdrawal obtained through a Bank Teller, in the amount disclosed in the
section "Fees and Limitations". In addition, when you use an ATM, you may be charged a fee by the ATM operator or any network used (and you may be charged
a fee for a balance inquiry even if you do not complete a fund transfer).
International Transaction Fee: If you obtain funds or make a purchase in a country other than the United States of America, or make a purchase from a
merchant using a bank that uses currency other than U.S. Dollars (US$), the amount deducted from your funds will be converted by Visa U.S.A. Inc. using a
rate selected by Visa U.S.A. Inc. from the range of rates available in wholesale currency markets for the applicable central processing date which may vary
from the rate Visa U.S.A. Inc. itself receives, or the government-mandated rate in effect for the applicable central processing date, in each instance,
plus or minus any adjustment determined by the issuer. This percentage amount is independent of any amount taken by the issuer in accordance with the
following section of this Agreement.
If you obtain your funds or make a purchase in a currency or country other than the currency or country in which your Card was issued, or make a purchase
from a merchant using a bank that uses currency other than the currency in which your Card was issued, the issuer may increase the currency conversion rate
(described in the immediately preceding section) up to an additional 1% and will retain this additional amount as compensation for its services. This
charge is independent of the currency conversion rate established by Visa U.S.A. Inc.
You may obtain information about the amount of money you have remaining in your Card account by calling 800-221-6504. This information, along with at least
60-days history of account transactions, is also available on-line at www.NexsCard.com. You also have the right to
obtain a sixty (60) day written history of account transactions by calling 800-221-6504 or by writing us at NexsCard, P.O. BOX 307, New Hyde Park, NY
11040. However, there is a fee for obtaining a written history (see Fees and Limitations paragraph above).
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 Account for a third party, such as a merchant;
(3) In order to comply with government agency or court orders, or compelled legally; (4) If you give us your written permission;
(5) To our employees, auditors, affiliates, service providers, program managers or attorneys as needed; or
UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR
CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO
HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEMT FAILURES, OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR
EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM OR NETWORK. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR
ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR
OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY US SHALL BE LIMITED TO THE AMOUNT LOADED ON THE
If you obtained your Card through your employer or you receive electronic deposits of Federal payments to your Card, and if we do not complete a transfer
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;
(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
(5) If access to your Card has been blocked after you reported your Card 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 communication failure) prevent the completion of the transaction, despite
reasonable precautions that we have taken; and
(9) Any other exception stated in our Agreement with you.
If you believe your Card or PIN has been lost or stolen, call: 800-221-6504 or write: NexsCard, P.O. BOX 307, New Hyde Park, NY 11040. You should also call
the number or write to the address listed above if you believe a transfer has been made using the information from your Card or PIN without your
Your Liability for Unauthorized Visa Prepaid Card Transactions: Tell us, AT ONCE, if you believe your Card has been lost or stolen or of any unauthorized
transactions. Your liability for unauthorized transactions that take place on the Visa system is zero dollars ($0). We may require you to provide a written
statement regarding claims of unauthorized transactions. These provisions limiting your liability do not apply to ATM, POS, PIN-less, or any other debit
transactions not processed by Visa. In addition to this paragraph, we may also be responsible to you for unauthorized transactions (see "Your Liability for
Unauthorized Transfers" paragraph below).
Your Liability for Unauthorized Transfers: You agree to exercise guarded control over your PIN(s), user ID(s), and password(s) and any other access related
to your Card, Card Account or Card Number (each, an "Access Code"). Tell us AT ONCE if you believe your Card or PIN has been lost or stolen, or if you
believe that an electronic fund transfer has been made without your permission. Also, if your transaction history shows transfers that you did not make,
including those made with your Card, Card Number or Account Number, or you believe an electronic transfer has been made without your permission, tell us at
once. Telephoning us at 800-221-6504 is the best way of limiting your possible losses. You could lose all the money in your Card Account. If you obtained
your Card through your employer or you receive electronic deposits of Federal payments to your Card, the following provisions of this Section also apply.
If you tell us within 2 business days after you learn of the loss or theft of your Card or PIN, your liability will be no more than $50 if someone used
your Card or PIN without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card or PIN, and we can
prove we could have stopped someone from using your Card or PIN without your permission if you had told us, your liability could be as much as $500. Also,
if your electronic history shows transfers that you did not make, including those made by your Card or other means, tell us at once. If you do not tell us
within 60 days of the earlier of the date you electronically access your Card Account, if the unauthorized transfer could be viewed in your electronic
history, or the date we sent the FIRST written history on which the unauthorized transfer appeared, you may not be entitled to recover 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 for a reasonable period.
The following provisions of this Section apply to all Card Accounts: You will not be liable for unauthorized use that occurs after you notify us of the
loss, theft or unauthorized use of your Card or Access Code(s). You also agree to cooperate completely with us in attempts to recover funds from
unauthorized users and to assist in their prosecution. We may issue replacement Card(s) or Access Code(s), but only after you have provided such proof and
security or indemnification as we may require. In addition, you acknowledge that we may have to deactivate your Card(s) and/or Card Account to prevent
future losses. If you share your Card(s) or Access Code(s) with another person, use of your Card Account by that person may be considered as authorized. If
you authorize another person to use your Card or Access Code(s), you agree that you will be liable for all transactions arising from use of the Card or
Access Code(s) by such person except as otherwise set forth in this Agreement. In all cases, our liability for an unauthorized transaction is limited to
reimbursing you for the face amount of the unauthorized transaction and any corresponding fees, except as otherwise required by applicable law. A
transaction is unauthorized if it is not initiated by you, you did not give permission to make the transaction and you do not benefit from the transaction
in any way. Visa's Zero Liability policy covers U.S.-issued cards only and does not apply to ATM transactions, PIN transactions not processed by Visa or
certain commercial card transactions. Cardholder must notify us promptly of any unauthorized use.
Your Card is subject to unclaimed property laws where your Card has been registered, or the laws of the state where we are located/incorporated if the Card
is not registered. Should your Card have a remaining balance after a certain period of time, we may be required to remit remaining funds to the appropriate
Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to
all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to
exercise them at 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 State of New York except to the extent governed by federal law.
We may amend or change the terms 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. The most recent version of this Agreement is always available at www.NexsCard.com.
We may cancel or suspend your Card or this Agreement at any time without prior notice to you at our sole discretion. You may cancel this Agreement by
returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to
termination. Should your Card Account be closed, we will issue you a credit for the remaining balance, subject to fees as disclosed in this Agreement.
In case of errors or questions about your Card telephone us at 800-221-6504 or write us at NexsCard, P.O. Box 307, New Hyde Park, NY 11040 as soon as
possible, if you think an error has occurred in your Card account. If you obtained your Card through your employer or you receive electronic deposits of
Federal Benefit payments to your Card, the following provisions of this Section also apply: We must hear from you no later than 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 contacting us at the number or address above.
You will need to tell us the following: (1) your name, (2) your Card number, (3) why you believe there is an error, (4) the dollar amount involved, and (5)
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. 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 Card Account. 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 determine this is necessary, we will provisionally credit your Card Account
within 10 business days (5 business days for Visa Point-Of-Sale Signature unauthorized debit transactions) 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, provided that a written account of the error was provided when
requested. Funds will remain contingent upon whether we determine an error occurred If you do not have wages, salary, or other employee compensation that
are made on a recurring basis or federal payments (for example, Social Security benefits, tax refunds or other government payments) deposited to your Card
Account, we may not credit your Card. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days,
days (5 business days for Visa Point-of Sale Signature unauthorized debit transactions) we may not credit your Card for errors involving new Card Accounts
(Card Accounts opened within 30 days of the error being reported), POS, or foreign-initiated transactions, we may take up to 90 days to investigate your
complaint or question. For new Card Accounts, we may take up to 20 business days to credit your Card Account for the amount in question. We will tell you
the results within three business days after completing our investigation. If we determine that there was no error, we will send you a written explanation
and debit your Card Account for the amount of the provisional credit. You may ask for copies of the documents we used in our investigation. If you have any
further questions regarding our error resolution procedures, please contact us by calling 800-221-6504. If your Card was NOT obtained through your employer
or DOES NOT receive electronic deposits of Federal Benefit payments, all of this Section applies, except we will not credit your Card Account until our
investigation is complete and we have determined an error occurred.
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
EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT OR REQUIRED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS
OR IMPLIED, REGARDING THE CARD, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card. Any disputes regarding
any such goods or services must be addressed to the merchants from whom any such goods and services were purchased.
Retailers have no authority to make representations or warranties on behalf of us or any program manager, or to bind us or any program manager or to enter
into any agreement on behalf of us or any program manager.
The following E-Communication Disclosure ("Disclosure") applies to any and all communications or disclosures that we are legally required to provide to you
in writing in connection with your Card Account and any related products and services ("Communications"), to the extent you have consented to receiving
such Communications electronically. If you have not consented and would like to receive Communications electronically from us, please visit us online at
Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which this Disclosure applies, you agree that we may
provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw
your consent as described below. Your consent to receive electronic Communications includes, but is not limited to:
∙ All legal and regulatory disclosures and communications associated with your Card Account and any related products or services
∙ Your Cardholder Agreement and any notices about a change in terms of your Cardholder Agreement
∙ Privacy policies and notices
∙ Error resolution policies and notices
∙ Responses to claims filed in connection with your Card Account
∙ Notices regarding insufficient funds or negative balances
Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (1) by
access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (2) by posting such
Communications on our website at www.nexscard.com.
How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form at any time by contacting us at 800-221-6504 or
visiting the www.nexscard.com website or write to NexsCard, P.O. Box 307, New Hyde Park, NY 11040. If you do withdraw your consent, we will close your Card
Account, except where prohibited by law. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any
withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your request
for withdrawal. In the meantime, you will continue to receive Communications in electronic form. If you withdraw your consent, the legal validity and
enforceability of prior Communications delivered in electronic form will not be affected.
How to Update Your Records. It is your responsibility to provide us with a true, accurate and complete e-mail address (if you have elected to receive
e-mail messages from us), your contact information, and other information related to this Disclosure and your Card Account, and to maintain and update
promptly any changes in this information. You can update information (such as your e-mail address) through www.nexscard.com or by contacting us at
Hardware and Software Requirements. In order to access, view, and retain Communications that we make available to you electronically, you must have:
∙ An Internet browser that supports 128 bit encryption
Microsoft Internet Explorer 4.7 or above, Netscape Navigator 4.7 or above, or the equivalent software.
Sufficient electronic storage capacity on your computer's hard drive or other data storage unit
An e-mail account with an Internet service provider and e-mail software
A personal computer (for PCs: Pentium 120 Hhz or higher; for Macintosh, Power Mac 9500, Power PC 604 processor: 120-MHz Base or higher), operating
system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing
Communications received from us in via a plain text-formatted e-mail or by access to our web site using one of the browsers specified above
Adobe Reader version 9.0 or higher
Requesting Paper Copies. We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You
can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request
is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us by calling (800) 221-6504 or writing to us at NexsCard, P.O. Box
307, New Hyde Park, NY 11040. We may charge you a service charge for the delivery of paper copies of certain Communications provided to you electronically
pursuant to this authorization. See the attached "Schedule of Fees and Charges" for details about this service charge. We reserve the right, but assume no
obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.
Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or
change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as
required by law.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES THAT ANY CLAIM
RELATING TO YOUR CARD OR CARD ACCOUNT MAY BE RESOLVED BY BINDING ARBITRATION. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE
SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT, AND ARBITRATION DECISIONS ARE SUBJECT TO VERY LIMITED REVIEW.
Purpose: This Arbitration Provision sets forth the circumstances and procedures under which any Claim (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 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 Agreement. "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, or the Cards of any additional
cardholders designated by you; (ii) the amount of available funds in the Card Accounts; (iii) advertisements, promotions or oral or written statements
related to the Cards, goods or services purchased with the Cards; (iv) the benefits and services related to the Cards; and (v) your enrollment for any
Card. 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 such court.
As used in the Arbitration Provision, the terms "we" and "us" shall for all purposes mean Metropolitan and 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 Cards (including, but not limited to merchants who
accept the Card, third parties who use or provide services (including the program manager), 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 additional cardholders.
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 and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the
Claim is filed. Claims shall be referred to either the Judicial Arbitration and Mediation Services ("JAMS"), or the American Arbitration Association
("AAA"), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have
the right within 30 days after you receive notice of our election to select the other organization listed to serve as arbitration administrator. For a copy
of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300,
Los Angeles, CA 92614; website at www.jamsadr.com; (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.
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 PROVIDED FOR IN THE CODE OF PROCEDURES OF THE JAMS, OR AAA, AS APPLICABLE
(THE "CODE"). 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. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF
YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
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 Claim to be arbitrated on a class action basis or on bases involving any Claim brought in a purported representative
capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator's authority to resolve Claim is limited to
a Claim 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 any Claim 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 for the Southern
District of New York, and if this is not allowed for any reason, the hearing shall take place in the judicial district of your residence. At your written
request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you
initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who
will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the
extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceed the amount they would have been if the Claim
had been brought in the state or
federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the
arbitrator (or panel) determines that the fees were incurred without any substantial justification.
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 request 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's decision will be
final and binding, except for any right of appeal provided by the FAA. However, 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 an 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.
Continuation: This Arbitration Provision shall survive termination of your Card 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 agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
NexsCard Visa Debit Prepaid Card is issued by Metropolitan Commercial Bank (Member FDIC) pursuant to a license from Visa U.S.A. Inc. "Metropolitan
Commercial Bank" and "Metropolitan" are registered trademarks of Metropolitan Commercial Bank © 2014
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