CARD AGREEMENT -
Licensed under U.S. Patent Nos. 5,689,100 and
5,956,695 IMPORTANT INFORMATION FOR CARD
RECIPIENT—DO NOT DISCARD
SECTION 1. GENERAL INFORMATION
This Agreement contains the terms and conditions of
the Card. Please read this Agreement carefully
and keep it for your records. By purchasing,
accepting or using the Card, you agree to be bound
by this Agreement. “Card” means the Card issued
by Bank of America, N.A. “Merchant” means a
retail establishment that is at or near the Shopping
Center and is authorized to accept the Card. “Shopping Center” means the shopping center, shopping mall, or other shopping venue, district or
association named on the Card; and, if the Card is
usable at multiple Shopping Centers owned or
operated by a common entity, then the term “Shopping
Center” collectively refers to all such Shopping
Centers. “You” means the person who has received
the Card. “We”, “us”, and “our” mean Bank of
America, N.A.
The Card is a payment card that can be used to
purchase goods and services at authorized
Merchants located at or near the Shopping Center.
The funds loaded on the Card are collected by the
Shopping Center and deposited with and held by us
in a pooled account with funds associated with other
cards. There is no F.D.I.C. insurance with respect
to the amount of the Card. You will not be paid or
earn interest on the amount of the Card. The issuance
of the Card does not establish an account relationship
between you and us.
The Card is not a credit card. When you use the
Card, the amount available on the Card will be
reduced by the amount of the purchase until it reaches
zero. The Card is subject to the fees set forth in the
Schedule of Bank Fees included in this Agreement.
The Card may also be subject to deductions required
by law, including deductions, if any, resulting from
the escheat of Card funds under applicable state
laws governing unclaimed property. No additional
funds may be added to the Card. Your ability to make
purchases with the Card will end when the Card
amount reaches zero.
SECTION 2. TYPES OF AVAILABLE
TRANSACTIONS AND LIMITS ON
TRANSACTIONS
Point-of-Sale Transactions. You may use the
Card to purchase goods and services only at
authorized Merchants located at or near the Shopping
Center. For information about the Shopping Center
and Merchants, please visit the Shopping Center
information desk, the Shopping Center website, which
may be identified on the back of the Card, or call
1.800.755.8713.
If your purchase amount is greater than the amount
on the Card, most Merchants will permit you to pay
the difference with alternative methods. You must
inform the Merchant before beginning your
transaction and you must know the amount on the
Card. You do not have the right to stop payment on
any point-of-sale transaction originated by the use of
the Card. You agree that we are not responsible for
goods or services purchased with the Card, and we
are not responsible if any Merchant refuses to accept
the Card or for any other actions of the Merchant.
You will resolve disputes directly with the Merchant
on purchases made using the Card, and if you receive
a refund relating to a Card transaction, you agree to
accept a credit to the Card as the method of refund.
Any credit to the Card may not be available for use
by you for up to 10 business days. A credit to a zero
balance Card will reinstate the Card.
Cash Transactions. The Card does not permit
any type of cash transactions. Except as stated in
Sections 9 and 10 of this Agreement, the amount on
the Card, including a small or de minimis balance,
will not be redeemable for cash.
Remaining Amount. It is important that you track
the amount remaining on the Card. You may check
the remaining amount on the Card at any time at no
charge by calling 1.800.755.8713 or visiting
www.getmybalance.com. The Maintenance Fee
listed in the Schedule of Bank Fees will reduce and
may exhaust the entire Card amount.
Unclaimed Funds – Escheat. If our records show
that you have not used the Card within a time period
set by state law, the amount remaining on the Card
may become unclaimed property subject to escheat
under state unclaimed property laws. If the amount
remaining on the Card becomes unclaimed property
subject to a state unclaimed property law, we will be
required to escheat the available balance to the state
in an amount and at the time required by the state
law. At that time, you will lose the ability to use the
Card. If escheat occurs, you may inquire about the
status of the Card funds by calling 1.800.755.8713.
Legal Transactions. You agree that you will only
use the Card for transactions that are legal. You
agree that we may decline transactions we believe
may be illegal or in violation of the applicable network
rules. You also agree that if we do not decline the
transaction, we may charge the Card and we are
not liable to you if you engage in an illegal transaction.
You also agree that we may restrict or lock the Card
from use or may revoke the Card if we suspect fraud,
unlawful activity or improper Card use.
The
Maintenance Fee, described on the Schedule of
Bank Fees, will be assessed on a locked or revoked
Card.
Limitations on Use. You agree that you will not
use the Card to pay tips or gratuities, to make
recurring payments, to pre-pay for a hotel stay, to
pre-pay for a car rental, to pre-pay at the pump for
as, to pay for any gambling transaction or to pay for
any illegal transaction. You agree that you will not
use the Card for any “card not present” transactions,
such as online purchases. You agree that you will
not use the Card at any non-participating or
unauthorized merchant locations. You agree that a
purchase made by you may not be authorized or
settled by us unless it complies with this Agreement.
The Card may be canceled, repossessed, locked or
revoked at any time without prior notice.
Authorized Use of Card. If you authorize someone
else to use the Card, you will be responsible for any
transactions initiated by such person(s) with the Card.
You agree to keep the Card in a safe place, and toreport any suspected unauthorized use of the Card immediately to 1.800.755.8713.
Overdrafts. The amount on the Card will be reduced
by the amount of your transactions plus applicable
Maintenance Fees. We are not required to authorize
or pay any transaction that will create a negative
amount (overdraft) on the Card. If you attempt to use
the Card for more than the then current available
amount on the Card, we may refuse to authorize or
we may return the transaction. You agree to pay us
on demand the amount of any overdraft. You agree
that we may lock or revoke the Card, without notice,
if we do not receive funds from the Card purchaser
in the full amount of the activated balance on the
Card.
SECTION 3. TELEPHONE NUMBER AND
ADDRESS TO BE NOTIFIED IN EVENT OF A
LOST OR STOLEN CARD
If you believe that the Card has been lost or stolen:
call toll free 1.800.755.8713, 24 hours a day, 7 days
a week, or write to: Bank of America, 7171 W. 95th
Street, Suite 400, Overland Park, Kansas 66212.
Subject to acceptable proof of Card ownership, we
will make reasonable efforts to lock a lost or stolen
Card from further use. If you notify us promptly of a
lost or stolen Card and we are able to lock it from
further use, you will not be liable for any transactions
associated with the lost or stolen Card.
You may request a replacement Card for a lost, stolen
or damaged Card at the Shopping Center. A
replacement Card will not be issued unless you
present adequate proof of purchase, the 16 digit
Card number, the damaged Card, in the case of a
damaged Card, and your full identification. Requests
to replace a Card may be denied by us or the
Shopping Center, in either’s discretion, in the event
we or the Shopping Center suspects fraudulent or
unlawful activity or improper Card use. If the
replacement is approved, a new Card will be issued
and activated in the amount remaining on the Card,
if any, at the time of the replacement. You may be
charged a Replacement Card Fee described on the
Schedule of Bank Fees. The Maintenance Fee,
described on the Schedule of Bank Fees, will be
assessed through the date, if any, when a
replacement Card is issued.
SECTION 4. PLASTIC CARD USE
The amount remaining on the Card will be available
until the amount reaches zero. For fraud management
purposes, the physical plastic Card may be rendered
unusable after 18 months. If the Card becomes
unusable with a remaining amount, you may present
and exchange the unusable card at no charge for a
replacement Card which will be activated in the
amount remaining on the Card at the time of the
exchange. To exchange an unusable Card, please
contact the Shopping Center or call 1.800.755.8713.
The Maintenance Fee, described on the Schedule
of Bank Fees, will be assessed through the date
when a replacement Card is issued.
SECTION 5. BANK’S LIABILITY; LIMITATION
OF LIABILITY; ERROR RESOLUTION
PROCEDURES
a. Bank’s Liability.
If we do not complete a transaction arising from the
use of the Card on time or in the correct amountaccording to this Agreement, we will be liable for your losses or damages. However, there are some
exceptions. We will not be liable, for instance:
(i) if, through no fault of ours, the amount on the Card
is insufficient to complete the transaction; or
(ii) if the point-of-sale terminal was not working
properly and you knew about the breakdown when
you started the transaction; or
(iii) if circumstances beyond our control (such as
power outages, equipment failures, fire or flood)
prevent the transaction, despite reasonable
precautions that we have taken; or
(iv) if the Card has been reported to be, or suspected
of being, lost or stolen, and we have taken action to
prevent transactions with the Card.
b. Limitation of Bank’s Liability for
Unauthorized Transactions.
Our liability is limited to reimbursing you for the amount
of your loss up to the face amount of any unauthorized
transaction. We are not liable for any claims of special,
indirect or consequential damages.
c. Error Resolution Procedures.
In case of errors or questions about your transactions:
Telephone us at 1.800.755.8713 or write to Bank of
America, 7171 W. 95th Street, Suite 400, Overland
Park, Kansas 66212.
Call or write us as soon as you can in case of errors
or questions about transactions arising from the use
of the Card. We must hear from you no later than 60
days after the date of the transaction in question.
(i) Tell us your name and Card account number.
(ii) Describe the error or the transaction you are
unsure about, and explain as clearly as you can
why you believe it is an error or why you need more
information.
(iii) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us
your complaint or question in writing within 10 business
days.
We will determine whether an error occurred within
10 business days after we hear from you and will
correct any error promptly. If we need more time,
however, we may take up to 45 days to investigate
your complaint or question. If we decide to do this,
we will credit the Card within 10 business days for
the amount you think is in error, so that you will have
the use of that amount during the time it takes us to
complete our investigation. If we ask you to put your
complaint or question in writing and we do not receive
it within 10 business days, we may not credit the
Card.
For errors involving Cards issued less than 30 days
or point-of-sale transactions, we may take up to 90
days to investigate your complaint or question. For
Cards issued less than 30 days, we may take up to
20 business days to credit the Card for the amount
you think is in error.
We will tell you the results within three business days
after completing our investigation. If we decide that
there was no error, we will send you a written
explanation. You may ask for copies of documents
that were used in the investigation.
We reserve the right to correct the Card balance if
we believe that a clerical, billing or accounting error
has occurred.
SECTION 6. DISCLOSURE OF INFORMATION
TO THIRD PARTIES
From time to time, subject to any applicable financial
privacy laws or other laws or regulations, we may
provide information about you and the Card to our
service provider, Store Financial Services, LLC, or
Shopping Center. We, including Store Financial
Services, LLC and Shopping Center, may provide
information about you and the Card (a) to anyone
who we reasonably believe is conducting a legitimate
credit inquiry, including without limitation, inquiries to
verify the existence or condition of an account for a
third party such as a lender, Merchant or credit
bureau; (b) in response to any subpoena, court or
administrative order, or process which we believe
requires our compliance; (c) in connection with
collection of indebtedness or to report losses incurred
by us; (d) in compliance with any agreement between
us and a professional, regulatory or disciplinary
body; (e) in connection with the potential sale of
business by any of us or our service providers; (f) to
carefully selected service providers who help us
meet your needs providing or offering our services;
and (g) as otherwise provided or allowed by law.
We, including Store Financial Services, LLC and
Shopping Center, also may collect information about
you and take actions necessary to verify your
identification. You agree that any of us may disclose
information to any third party about the Card when
such information is aggregated with other information
and does no specifically identify you.
SECTION 7. RECORDING AND MONITORING
TELEPHONE CALLS
The telephone calls between you and us or our
service providers may be recorded or monitored.
We need not remind you of the recording or
monitoring before each call unless required to do so
by law.
SECTION 8. GOVERNING LAW; SEVERABILITY
This Agreement will be governed by the laws
and regulations of the United States and, to
the extent not so covered, by the laws and
regulations of the State of North Carolina. A
determination that any part of this Agreementis invalid or unenforceable will not affect the remainder of this Agreement.
SECTION 9. YOUR LIMITED RIGHT TO CANCEL
If the Card has not been used and you do not
desire a Card that is subject to the
Maintenance Fee or other terms stated in this
Agreement, you may cancel this Agreement and
return the Card before it is used along with the
original receipt, by United States mail postage
prepaid, to ATTN: Card Refunds, 7171 W. 95th
Street, Suite 400, Overland Park, Kansas 66212
within 30 calendar days after the Card
Activation Date (as defined in the Schedule of
Bank Fees). If the Card is timely returned before
it is used, you will receive a refund in the amount
on the Card. Time is of the essence in returning
the Card. No refunds will be honored unless
(a) the Card is returned unused by United
States mail post-marked within the 30 calendar
day period; and (b) you provide your name
and mailing address with the returned Card
and the original receipt. Information
concerning this cancellation program may be
obtained by calling 1.800.755.8713. Requests
for cancellation may take up to 60 days to
process.
SECTION 10. TERMINATION OF PROGRAM
The Card program may be terminated. If the Card
cannot be used after termination of the program, you
may surrender the Card and redeem the remaining
amount on the Card for cash by returning the Card
by United States mail postage prepaid, to ATTN:
Card Refunds, 7171 W. 95th Street, Suite 400,
Overland Park, Kansas 66212. No refunds will
be honored unless (a) the Card is returned,
and (b) you provide your name and mailing
address with the returned Card. Requests for
refunds may take up to 60 days to process.
For inquiries concerning surrenders and
redemptions, call 1.800.755.8713. Until the Card is
surrendered, all fees will continue to apply including
the monthly Maintenance Fee described on the
Schedule of Bank Fees.
SCHEDULE OF BANK FEES
Unless otherwise noted below, all fees are imposed by and retained by us.
Purchase Fee
The Shopping Center may charge a fee directly to purchaser of the Card for the purchase and/or activation of the Card in the amount disclosed to purchaser at the time of sale. The purchase fee, if any, will be paid directly by purchaser to the Shopping Center and will not be deducted from the amount on the Card. We will not retain any portion of the purchase fee.
Maintenance Fee
A nonrefundable maintenance fee will be automatically deducted by us each month from the Card balance in the amount stated on the Card back commencing on the date stated on the Card back. For the Card Activation Date, which is the date when the funds are loaded on the Card in conjunction with the purchase of the Card, and the Card transaction history, visit www.getmybalance.com or call 1.800.755.8713.
Replacement Card Fee
If a replacement Card is issued for a lost, stolen or damaged card, a Replacement Card Fee may be charged directly to the Cardholder in the amount stated on the Card back.
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