TREAT GIFT CARD PROGRAM AGREEMENT
Last updated: October 14, 2015
This Treat Card Program Agreement (this "Agreement") represents an agreement between you and Community Federal Savings Bank, member FDIC (the "Bank"), and contains the terms and conditions governing the Treat Program (the "Program"), including the Treat MasterCard Prepaid Gift Card (the "Card"). "Card Account" means the records we maintain for each Card to account for the value of claims associated with your participation in the Program. "Initial Funds" means the initial funds deposited in your Card Account. "Reloadable Funds" means the funds that you or another person have added to your Card Account. "You" and "your" mean the person(s) who receive a Card and/or are authorized to use a Card as provided for in this Agreement. By accepting and/or using the Card, you agree to be bound by the terms and conditions contained in this Agreement. "We," "us," and "our" mean the Bank and its successors, affiliates, and assignees. You agree to sign the back of the Card immediately upon receipt. The expiration date of the Card is identified on the front of your Card.
THIS AGREEMENT INCLUDES, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION LIMITATION AND YOUR AUTHORIZATION FOR THE PAYMENT CARD (AS DEFINED BELOW) TO BE CHARGED FOR ALL FEES ASSOCIATED WITH THE PROGRAM.
YOU CANNOT USE YOUR CARD TO PERFORM TRANSACTIONS UNTIL YOU HAVE ACTIVATED YOUR CARD AND SELECTED A PERSONAL IDENTIFICATION NUMBER ("PIN") PURSUANT TO THIS AGREEMENT. BY ACTIVATING YOUR CARD OR PARTICIPATING IN THE PROGRAM IN ANY WAY, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR PRIVACY POLICY. PLEASE VISIT WWW.TREATGIFTCARDS.COM (THE "WEBSITE") TO VIEW, PRINT, AND SAVE THIS AGREEMENT AND OUR PRIVACY POLICY.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR RELOADING AN ACCOUNT
TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. WHAT THIS MEANS FOR YOU: WHEN YOU RELOAD A CARD ACCOUNT, WE WILL ASK FOR YOUR NAME, ADDRESS, SOCIAL SECURITY NUMBER, DATE OF BIRTH, AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. WE MAY ALSO ASK TO SEE A COPY OF YOUR DRIVER'S LICENSE OR OTHER IDENTIFICATION DOCUMENTS.
CONSENT TO USE ELECTRONIC SIGNATURES AND COMMUNICATIONS
Your Consent. To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under this Agreement and in connection with your relationship with us (collectively, "Communications") that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to this Agreement electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below. Your consent to receive notices and communications in electronic form does not mean we will only communicate with you electronically. We reserve the right to use all lawful methods of communication and provide legal notices and other communications and documents in paper form from time to time when legally required to do so or when we in our sole discretion elect to do so. You are solely responsible for ensuring any mailing address we have on file for you is current. Your consent to receive electronic communications and transactions includes, but is not limited to: (1) all legal and regulatory disclosures and communications associated with the product or service available through the Website for your Account; (2) notices or disclosures about a change in the terms of your Account or responses to claims; (3) suspension of account privileges communications; (4) account cancellation notices; (5) billing inquiry communications; (6) privacy policies and notices; and (7) and other disclosures and communications regarding the services that we now or later are required to provide to you "in writing". Please note that, although you may authorize others (including, without limitation, another adult or certain minors), you agree that we may send or provide all account communications related to your account, as relevant, with all other users of your Treat account, Treat Card. As used in this E-Communications Disclosure, the word "provide" means provide, send, post or deliver and all variants of such words.
Method of Providing Communications to You in Electronic Form. All communications that we provide to you in electronic form will be provided either (1) via e-mail, (2) by access to the web site that we will designate in an e-mail notice we send to you at the time the information is available, or (4) to the extent permissible by law, by access to a web site that we will generally designate in advance for such purpose.
Your Right to Withdraw Your Consent. Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at (855)636-7959. If you withdraw your consent to receive Communications electronically, we reserve the right to close your Card Account and return your remaining Card Account balance as set forth in this Agreement (in which case you will no longer be able to use your Card or participate in the Program, except as expressly provided in this Agreement) or charge you a fee for paper copies of Communications. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that your withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.
You Must Keep Your Contact Information Current With Us. In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on the Website or by calling (855)636-7959.
Copies of Communications. You agree to print, download, and save and/or electronically store a copy of all Communications that we send to you electronically and retain a copy of this E-communications Disclosure. Your also agree to print or download and retain a copy of any other document pertaining to the Treat program to which you electronically consent. You also agree to print or download and retain copies of all account communications from us. In addition, you may request a paper version of any electronic Communication by contacting us at (855)636-7959.
Hardware and Software Requirements. In order to access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a computer or other mobile device (such as tablet or smart phone) that operates on a platform like Windows or a Mac environment; (3) a connection to the Internet; (4) a Current Version of Internet Explorer 11 (or higher), Mozilla Firefox 40.0, Safari 8, or Chrome 44.0; (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (6) a computer or device and an operating system capable of supporting all of the above; and (7) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. "Current Version" means a version of the software that is currently being supported by its publisher.
Changes. We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating this Agreement on the Website or delivering notice of such termination or change electronically. We will also indicate that changes to these terms have been made by updating the date indicated after "Last Modified" at the beginning of this E-Communications Disclosure. Any changes to these terms will only affect your and our respective rights and obligations from the effective date of the change(s) and thereafter until any subsequent change is made. If you do not agree with the changed or current terms, you must withdraw your consent to this E-Communications Disclosure in the manner set forth above.
MOBILE PHONE COMMUNICATIONS. IF YOU PROVIDED YOUR MOBILE PHONE NUMBER TO US IN CONNECTION WITH REGISTERING WITH THE PROGRAM OR OPENING A CARD ACCOUNT, YOU HAVE CONSENTED TO THE USE OF THE NUMBER FOR US OR FINAL TO CONTACT YOU VIA TELEPHONE CALL OR TEXT MESSAGE IN CONNECTION WITH YOUR CARD ACCOUNT. STANDARD TEXT MESSAGE FEES MAY APPLY. IF YOU DO NOT WISH TO BE CONTACTED ON YOUR MOBILE PHONE FOR THIS PURPOSE, YOU MUST CONTACT CUSTOMER SERVICE TO LET US KNOW.
  1. Card. The Card is issued by the Bank. The Card is not a credit card. The Card remains the property of the Bank and must be returned upon our request. To the extent permitted by applicable law, we may cancel, repossess, or revoke the Card at any time without prior notice. The Card is not designed for business use, and we may close your Card Account if we determine that it is being used for business purposes or in a manner that is not consistent with the intended use of the Card. We may refuse to process any transaction that we believe may violate the terms of this Agreement. The Card cannot be redeemed for cash. The Card is not for resale and may not be transferred or assigned. You agree to sign the back of the Card immediately upon receipt. The expiration date of the Card is identified on the front of your Card.
  2. Card Account. You acknowledge and agree that the value available in your Card Account is limited to the funds that have been added to your Card Account. After we verify your identity (see "How You May Add Funds to Your Card") below, the funds associated with your Card Account are insured by the Federal Deposit Insurance Corporation ("FDIC") for up to the maximum amount as published by the FDIC. You will not receive any interest on the funds in your Card Account.
  3. Activating Your Card. You must activate your Card before it can be used. You may activate your Card by calling or texting (855) 636-7959 or by visiting the Website. In order to activate your Card, you will need your Card and the activation code printed on the carrier your Card was affixed to when it was delivered and then select a PIN. You can change your PIN by accessing your Treat profile online at the Website or by calling or texting (855) 636-7959. By activating your Card, you (or if you are under the age of 18 your parents or legal guardian) represent and warrant to us that: (a) you or the parent/guardian are at least 18 years of age (or older if you reside in a state where the majority age is older); (b) you are a U.S. citizen or legal alien residing in the United States; (c) the User Information is truthful, accurate, current, and complete; (d) you or your parent/guardian received a copy of this Agreement and our Privacy Policy and agree to be bound by and to comply with their terms; and (e) you accept your Card or your parent/guardian accepts on your behalf . If you are under eighteen (18) years of age (or under the age of majority in the state where you reside), your parent or legal guardian may enter into this Agreement, and you may become an authorized user of the Card.
  4. Fees. The fee schedule located at the end of this Agreement lists the fees applicable to the Program. In some cases, the actual fee charged may be lower than the fee stated in the fee schedule. If you believe a fee was charged in error, contact Customer Service.

    Except as otherwise provided in this Agreement, all fees are deducted from your Card Account balance.
  5. Card and PIN Security. When selecting a PIN, do not use numbers or words that appear in your wallet (e.g., your date of birth, address, or social security number). Memorize your PIN and do not share it with anyone. Do not write your PIN on your Card or keep it in the same location as your Card. You should treat your Card with the same care as you would treat cash. Always protect your Card and keep it in a safe place. Do not send your Card number in an email. Make sure your Card information is secured with encryption when you use your Card to perform transactions over the Internet or wireless networks.
  6. Lost or Stolen Card or Compromised PIN. Contact Customer Service immediately if you believe: (a) your Card has been lost or stolen, (b) someone has gained unauthorized access to your PIN, or (c) someone has transferred or may transfer funds from your Card Account without your permission. Contacting us by telephone at (855) 636-7959 is the best way to minimize your possible losses. Your losses may be limited in accordance with Section 31, below (see "Your Liability for Unauthorized Transactions").
  7. Authorized Users. You are responsible for all authorized transactions initiated and fees incurred by use of your Card and Card Account. If you permit another person to have access to your Card or Card number, we will treat this as if you have authorized such person to use the Card, and you will be liable for all transactions and fees incurred by such person, even if they exceed the authorization granted. Transactions will be considered unauthorized only after you notify us that the person is no longer authorized to use the Card. You are wholly responsible for the use of your Card according to the terms and conditions of this Agreement.
  8. No Secondary Cardholders. You may not request additional cards for any other person.
  9. Permitted Uses Of Your Card. You may use your Card to make purchases at any merchant that accepts MasterCard debit cards or debit cards of other networks in which the Bank participates, subject to your available Card Account balance, the transaction limits described below, and the other terms and conditions of this Agreement. Subject to the Settings (See "Settings"), you may use your Card to purchase or lease goods or services in the United States and District of Columbia everywhere MasterCard debit cards are accepted as long as you do not exceed the value available in your Card Account. 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 your Card itself. Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. You are not allowed to exceed the amount of available funds in your Card Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the amount of available funds in your Card Account, you will be fully liable to us for the full amount of the transaction and any applicable fees. When making purchases at any point-of-sale ("POS") device, you may select "CREDIT" on the keypad to make a signature purchase, or, if the POS device bears the MasterCard debit network (i.e. Pulse, Maestro) symbol, you may select "DEBIT" on the keypad and enter your PIN to make a PIN purchase. You may not use your Card for online gambling or illegal transactions. We may temporarily "freeze" your Card Account and attempt to contact you if we notice transactions that are unusual or appear suspicious.
  10. Settings. The person who gave you your Card, the person who added funds to your Card, or you, may restrict use of those funds to specific merchant(s) or types of merchants (each, a "Setting"). For example, the person who gave you the card may establish a Setting so that you may only spend the initial funds loaded in your Card Account at merchant A's stores. To view where you may spend the funds in your Card Account, please visit the Website and log into your account, or call or text (855) 636-7959.
  11. Registering Your Card for Certain Purchases. If you wish to make online, mail, or telephone order purchases, you should first visit the Website and register your Card. Some online, mail, and telephone order merchants require that certain personal information, such as your name and address, be on file with the Card-issuing bank prior to approving a purchase. To register, you would have to provide name, email address, and create a password. Therefore, unless you register your Card in advance, these types of merchants might decline your purchase even if there are sufficient funds in your Card Account.
  12. Merchant Holds on Available Funds. When you use your Card or Card number to initiate a transaction at certain merchant locations, such as hotels, restaurants, gas stations, and rental car companies, where the final purchase amount is unknown at the time of authorization, a hold may be placed on the available funds in your Card Account for an amount equal to or in excess of the anticipated transaction amount. The funds subject to the hold will not be available to you for any other purpose until the merchant sends us the final transaction amount. Once we receive the final transaction amount, it may take up to seven days for the hold to be removed. During that period, you will not have access to the funds subject to the hold. Please be advised that you may experience difficulties using your Card at unattended vending machines, kiosks, and gas station pumps. If your Card is declined at a "pay at the pump" gas station even though you have sufficient funds available, you should pay for your purchase inside with the cashier.
  13. No Cash Access. You may not use your card to withdraw Cash, including at any automated teller machines or at POS.
  14. Your Card's Initial Funds. Your Card may be loaded with an initial value between $5 and $1,000. The available value in your Card Account can be obtained by calling or texting (855) 636-7959, or by visiting the Website. You will have access to your funds as soon as your Card is activated (see "Activate Your Card" above). The maximum value of your Card is $1,000 (see "Transaction Limits" below).
  15. How You May Add Funds to Your Card Account. In order for you to add funds to your Card, you must (a) accept and agree to this Agreement, and our Privacy Policy, (b) register with us on the Website; (c) be a U.S. citizen (or a legal resident with a U.S. tax ID number) of at least 18 years of age (or older if residing in a state where the majority age is older) ; and (d) provide all requested information, such as your name, date of birth, address, email address, social security number, Payment Card information, user name and password, and such other information as we may request from time to time (collectively, "User Information") for identity verification purposes. You represent and warrant that all information, including User Information, you provide us from time to time is truthful, accurate, current, and complete. You agree to promptly notify us of changes to any User Information. Subject to the limitations set forth in this Agreement, you may add funds to your Card Account as described below after you have successfully passed identity verification. Contact us by calling or texting (855) 636-7959 or by visiting the Website to provide us with the necessary information for identity verification. You will need to provide personal information in order for us to verify your identity. Your ability to add funds to your Card is limited by the transaction limits (see "Transaction Limits"). You may not add funds to your Card Account by sending personal checks, cashier's checks, or money orders to the Bank. The Bank will return all checks and money orders unless your Card Account has a negative balance, in which case the Bank may, in its sole discretion, apply the proceeds of the check or money order towards the negative balance of your Card Account. Certain fees may apply for adding funds to your Card Account. Please refer to the fee schedule below.

    Credit and Debit Card Charges. By agreeing to this Agreement, you authorize us to charge your designated debit or credit cards (each, a "Payment Card"), you designate through the Website directly or through our authorized service providers, for all applicable loading of all additional funds to your Card Account for the Program (including loading payments related to any Sub-Account) and at the time or times set forth in the fee schedule located at the end of this Agreement. In order to pay for loads onto the card account by charging your Payment Card, your Payment Card must be issued in your name by a U.S. financial institution. You acknowledge that this electronic authorization represents your written authorization for charges to the Payment Card as provided herein and will remain in full force and effect until you notify us by calling Customer Service that you wish wishes to revoke this authorization. You must notify us at least three business days before the scheduled date of any charge in order to cancel this authorization. If you revoke this authorization to charge the Payment Card for paying for loads onto the card account as provided herein, we reserve the right to close your Card Account and refund the remaining Card Account balances as set forth in this Agreement, in which case you may not be able to use their Card or Card Account[s] or participate in the Program, except as expressly provided in this Agreement. You also acknowledge that the amount and frequency of each charge may vary and that you hereby waive any right to receive prior notice of the amount and date of each charge.

    By providing the foregoing authorization, you represent, warrant, and agree that: (a) you are legally authorized to provide the Payment Card information to us; (b) you are legally authorized to make payments with the Payment Card; (c) your authorization does not violate the terms and conditions applicable to use of the Payment Card or applicable law; (d) you will maintain will maintain sufficient funds or credit available to pay for loads onto the card account with the Payment Card as described in this Agreement; (e) your browser is equipped with at least 128-bit security encryption; and (f) you are capable of printing, storing, or otherwise saving a copy of this authorization for your records.

    You may change or update the Payment Card information from time to time on the Website or by calling Customer Service. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments, manage debit and credit card information, and detect and prevent fraud. You may obtain a 60-day transaction history for all loads onto the card account payments charged to the Payment Card on the Website. You may print copies of such transaction history.
  16. How Another Person May Add Funds to Your Card Account. The person who gave you the Card and/or another person may load value onto your Card Account with the same or different amount of funds. After funds have been loaded to your Card Account, the value cannot exceed the limit amount (see "Transaction Limits" below).
  17. Transaction Limits. The maximum value of your Card Account at any time may be $1000. In order to protect your Card Account, we may temporarily impose limits on the dollar amount, number, and type of transactions performed using your Card and your Card Account. To the extent permitted by applicable law, we reserve the right to: (a) change the transaction limits; (b) limit, block, or place a hold on certain types of transfers or transactions: and (c) limit, suspend, or block transfers from particular persons, entities, or Card Accounts.
  18. Card Account Balance. It is important to know the amount of available funds in your Card Account before performing a transaction. If you do not have sufficient available funds in your Card Account to cover the transaction amount, the transaction will be declined. If you do not have sufficient funds available in your Card Account, you can request that the merchant charge a part of the purchase to your 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. You acknowledge and agree that the funds available to perform transactions are limited to the funds that have been added to your Card Account that are not subject to a hold. You are not authorized to use funds added to your Card Account in error. Any transaction that could create a negative balance for your Card Account is not permitted, but may occur in limited circumstances. Adjustments may be made to your Card Account to reverse an error, reflect a merchant adjustment, or resolve a dispute regarding a transaction posted to your Card Account. These processing and adjustment entries could cause your Card Account to have a negative balance. If your Card Account has a negative balance, you agree: (a) that we may automatically apply any subsequent deposits to your Card Account to satisfy the negative balance and (b) to pay us on demand by a personal check, money order, or other payment method authorized by us for the amount of the negative balance. If no future funds are added to your Card Account, we may send you a notice explaining the reason for the adjustment and requesting payment by a personal check, money order, or other payment method to satisfy the negative balance. Payments should be mailed to us at the address provided below or the address stated in the applicable notice.
  19. Transaction History. You may obtain information about the available funds in your Card Account and a 60-day history of your Card Account transactions on the Website or by calling Customer Service. You will not receive paper statements for your Card Account.
  20. Account Alerts. If you provide your email address to us, we will send you important notices via email about your Card Account. In addition, if you have provided your mobile phone number or other text message address to us, you may receive text messages relating to your Card Account at that number or address, unless you withdraw your consent. Third-party data and message fees may apply.
  21. Verified Mobile Device. In order to use the App and other Program services with your mobile device, you must provide a valid mobile device number or text message address on the Website and verify such number or text message address as instructed by us. To verify your mobile device number or text message address, we may send you a code via text message to the mobile device number or text message address you provide, and you must enter that code as instructed by us. If you change your mobile device number or text message address, you must promptly provide and verify your new mobile device number or text message address.
  22. No Preauthorized Transfers. You may not use your Card to make regular, preauthorized payments to merchants.
  23. Receipts. You should get a receipt for each Card transaction. You agree to retain, verify, and reconcile your Card transactions and receipts.
  24. Refunds. You will not receive cash refunds for Card transactions. If a merchant gives you a credit for merchandise returns or adjustments, the merchant may do so by processing a credit adjustment, which we will credit to the available funds in your Card Account. We are not responsible for the delivery, quality, safety, legality, or any other aspects of goods or services that you purchase with your Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were purchased.
  25. Privacy Policy. Your privacy is very important to us. We may disclose information to third parties about you, your Card and Card Account, and transactions related thereto: (a) as necessary to effect, administer, or enforce a transaction requested or authorized by you; (b) with your consent; (c) to protect against or prevent actual or potential fraud, unauthorized transactions, or other liability; (d) to comply with government agency or court orders; (e) as permitted and required by applicable law; and (f) as otherwise provided in our Privacy Policy. You understand that by participating in the Program, you consent to the collection, use, and disclosure of your information as set forth in this Agreement and our Privacy Policy available on the Website.
  26. Replacement Cards. The expiration date of your Card is identified on the front of the Card. If there is a positive balance of funds in your Card Account upon expiration of your Card and your Card Account is in good standing, we may issue you a new Card. We may also issue you a new Card when your Card expires even if you have no funds in your Card Account. If you need to replace your Card for any reason, please contact Customer Service. You will need to provide certain User Information so we can verify your identity. There is a fee for replacement cards. Please see the fee schedule below.
  27. Our Liability to You. If we do not complete an electronic fund transfer to or from your Card Account on time or in the correct amount according to this Agreement, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable if: (a) through no fault of ours, you do not have enough available funds in your Card Account to perform the transaction; (b) circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, telephone line disruption, or natural disaster) prevent or delay the transfer despite reasonable precautions taken by us; (c) the system, ATM, or point-of-sale terminal was not working properly and you knew about the problem when you initiated the transaction; (d) the funds in your Card Account are subject to legal process or are otherwise not available for transactions; (e) the merchant refuses to accept your Card; (f) if access to your Card has been blocked after you reported your Card lost or stolen; (g) if we have reason to believe the transaction is unauthorized; (h) the transaction cannot be completed because your Card is damaged; or (i) any other exception stated in this Agreement.
  28. Errors or Questions About Your Card Account Transactions. Contact Customer Service at the number or address provided below as soon as you can if you think an error has occurred involving your Card Account. 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 transaction history, or the date we sent the FIRST written transaction history on which the error appeared. When you notify us about an error involving your Card Account, you will need to tell us: (a) your name and Card number; (b) why you believe there is an error and the dollar amount involved; and (c) approximately when the error took place. If you tell us orally, we will mail you a form to complete and return. You must return the form or your own letter outlining the details of the error to Customer Service at the address provided below within ten business days of your oral notification. We will determine whether an error occurred within ten business days (or 20 business days for new Card Accounts) 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 the complaint or question. If we decide to do this, we will credit your Card Account within ten business days for the amount you think is in error, so that you will have the use of the funds credited to your Card Account during the time it takes us to complete our investigation. If we ask you to put your complaint in writing and we do not receive it within ten business days, we may not credit your Card Account. For errors involving new Card Accounts, or debit point-of-sale transactions, we may take up to 90 days to investigate a complaint or question. For new Card Accounts, we may take up to 20 business days to credit your Card Account for the amount you think is an error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error resolution process, contact Customer Service.
  29. Zero Liability Protection. Under MasterCard rules, your liability for unauthorized purchases using your Card Account without a PIN is $0.00 if: (a) you have registered your Card; (b) your Card Account is in good standing; (c) you have exercised reasonable care in safeguarding your Card Account from unauthorized use (i.e., you did not provide, directly, by implication, or otherwise, the right to use your Card Account and you received no benefit from the "unauthorized" purchase); and (d) you have not reported two or more unauthorized events in the past 12 months; and (d) you immediately notify us of the loss, theft, or unauthorized use. If the MasterCard Zero liability protection does not apply see section 30 for "Your Liability for Unauthorized Transactions".
  30. Your Liability for Unauthorized Transactions. Tell us AT ONCE if you believe your Card has been lost or stolen or your PIN has been compromised or you believe a transaction has been made without your permission using information from your Card Account. Contact Customer Service immediately at the number or address provided below to keep possible losses to a minimum. Contacting us by telephone at (855) 636-7959 is the best way to minimize possible losses. You could lose all the money in your Card Account. If you tell us within two business days after you learn of any unauthorized transactions, you will lose no more than $50 if someone accessed your Card Account without your permission. If you do NOT tell us within two business days after you learn of an unauthorized transaction, and we can prove we could have stopped someone from accessing your Card Account without your permission if you had told us, you could lose as much as $500. Also, if your Card Account transaction history or other information shows transfers that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the information is 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, a hospital stay, or other extenuating circumstances) kept you from telling us, we will extend the times specified above to a reasonable period. 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 Account.
  31. Unclaimed Property. If your Card Account becomes inactive (e.g., if you do not use the funds in your Card Account or access your Card Account for a certain period of time), applicable law may require us to report the funds in your Card Account as unclaimed property. If this occurs, we may try to locate you at the address shown in our records. If we are unable to locate you, we may be required to deliver any funds in your Card Account to the applicable state as unclaimed property. The specified period of time to report and send funds in an inactive Card Account to a state varies by state, but usually ranges between two and five years.
  32. Assignment. To the extent permitted by applicable law, we may assign this Agreement without obtaining your consent. You may not assign or transfer your Card, your Card Account, or this Agreement without our prior written consent.
  33. Service Providers. We use service providers to help administer the Program and provide various services to you on our behalf. In particular, we use Treat as our principal point of contact to provide Customer Service and related support functions on our behalf. Any communications in connection with your use of the Card or the Program that are to be made to us should be directed to Treat Customer Service at the telephone number or email address set out in this Agreement.
  34. Severability and Waiver. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be deemed to be modified to the minimum extent necessary to make it valid and enforceable and the rest of this Agreement will not be affected. We do not waive our rights by delaying or failing to exercise them at any time.
  35. Amendment. We may add to, delete, or amend this Agreement at any time in our sole discretion without providing notice to you, subject to applicable law. We reserve the right, subject to applicable law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of this Agreement on the Website or delivering notice of changes to you electronically.
  36. Entire Agreement. This Agreement constitutes the entire and sole agreement between you and us with respect to the Program and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Program.
  37. Cancellation and Suspension. To the extent permitted by applicable law, we may cancel or suspend your Card, your Card Account, or this Agreement immediately, for any reason, and without notice to you. You may cancel your Card, your Card Account, or this Agreement at any time by notifying Customer Service at the number or address provided below. Cancellation or suspension of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to such cancellation or suspension. In the event that your Card Account is cancelled, closed, or terminated for any reason, you may request the unused balance to be returned to you via a check to the mailing address we have in our records. There is a fee for this service. Please refer to the fee schedule below. The Bank reserves the right to refuse to return the unused balance if it is less than $1.00.
  38. Business Days. Our business days are Monday through Friday, excluding federal holidays.
  39. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
  40. Indemnification. At our request, you agree to defend, indemnify, and hold harmless us and our parents, subsidiaries, and other affiliated companies, and our and their employees, contractors, officers, and directors against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys' fees) that arise from your violation of this Agreement, applicable law, or any third-party rights or your fraud or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
  41. LIMITATION OF LIABILITY. Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, we, our affiliates, and the parties with whom we contract in order to offer the Cards, the Card Accounts, and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to the Cards, the Program, any products or services purchased using Card Accounts, or this Agreement (as well as any related or prior agreement that you may have had with us).
  42. DISPUTE RESOLUTION BY BINDING ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER. For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this Section and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to your use of the Card, your participation in the Program or this Agreement (as well as any related or prior agreement that you may have had with us), you and we agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration. The arbitration will take place in the federal judicial district located in New York, New York or in the alternative, may be conducted telephonically at your request. of your residence. As used in this Section, "we" and "us" mean the Bank and its subsidiaries, affiliates, predecessors, successors, and assigns and all of its and their respective employees, officers, directors, agents, and representatives. In addition, "we" and "us" include any third party providing any product, service, or benefit in connection with the Cards, the Program, or this Agreement (as well as any related or prior agreement that you may have had with us) if such third party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section.

    Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator from the American Arbitration Association ("AAA") with substantial experience in resolving commercial contract disputes. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA's Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the "Rules and Procedures").

    You should review this provision carefully. To the extent permitted by applicable law, you are GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court in your state or municipality within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within the federal judicial district of your residence for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate.

    Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures may be SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrators' decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

    You and we must abide by the following rules: (A) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (B) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) we also reserve the right in our sole and exclusive discretion to assume responsibility for any or all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (g) subject to Section 40 (Limitation of Liability), the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (h) each party will pay its own attorneys' fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys' fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.

    This Section will survive termination of your Card Account or this Agreement as well as any voluntary payment of any debt in full by you or any bankruptcy by you or us. With the exception of subparts (a) and (b) of this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (a) or (b) of this Section is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in borough of Manhattan, New York, New York.

    For more information on the AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call the AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
  43. Contact Information for Customer Service. You may contact us online at www.treatgiftcards.com, by phone at (855) 636-7959, or by writing us at support@treatgiftcards.com.
  44. Fee Schedule. The following fee schedule lists the fees applicable to the Program. In some cases, the actual fee charged may be lower than the fee stated in the fee schedule.
Service Amount Per Event
Monthly Maintenance Fee
(This fee will be charged each month after 12 consecutive months of inactivity.)
$4.95 per month per Card Account
Lost/Stolen Card Replacement Fee $10 per Card at your request
Document Request Fee $5 per mailed paper copy of document
Card Cancelation/ Card Account Closure $10 per Card Account
This Cardholder Agreement is effective 10/2015.