Cardholder Agreement for AchieveCard Prepaid Mastercard
The AchieveCard Prepaid MasterCard® is issued by First California Bank.CARDHOLDER AGREEMENTTerms and Conditions/Definitions for the AchieveCard Prepaid MasterCard® cardThis Cardholder Agreement is effective as of March 9th, 2013 and replaces and supersedes any previous CardholderAgreement for this Card.This Cardholder Agreement ("Agreement") outlines the terms and conditions under which the AchieveCard Prepaid MasterCard hasbeen issued to you. By activating and using the Card, you agree to be bound by the terms and conditions contained in thisAgreement. “Card” means the AchieveCard Prepaid MasterCard issued to you by First California Bank, Rancho Mirage, California."Issuer" means First California Bank or its depository institution affiliate. Issuer is a bank chartered under the laws of the State ofCalifornia and a member of the Federal Deposit Insurance Corporation (“FDIC”). "Card Account" means the records we maintain toaccount for the value of claims associated with the Card. "You" and "your" means the person (“Cardholder”) who has received theCard and is authorized by the Issuer to use the Card as provided for in this Agreement. "We," "us," and "our" mean the Issuer, oursuccessors, affiliates or assignees. You acknowledge and agree that the value available in your Card Account is limited to the fundsthat you have loaded to your Card Account or have been loaded to your Card Account on your behalf. All funds in your CardAccount are insured by the FDIC in accordance with the FDIC’s applicable terms and conditions. You agree to sign the back of theCard immediately upon receipt. The expiration date of the Card is identified on the front of your Card. The Card is a prepaidcard. The Card is not connected in any way to any other account. The Card is not for resale. You will not receive any interest onyour funds in your Card Account. The Card is and will at all times remain the property of the Issuer and must be surrendered upondemand. The Card is nontransferable and it may be canceled, repossessed, or revoked at any time without prior notice subject toapplicable law. The Card is not designed for business use, and we may close your Card if we determine that it is being used forbusiness purposes. We may refuse to process any transaction that we believe may violate the terms of this Agreement.Our business days are Monday through Friday, excluding federal holidays, even if we are open. Any references to “days” found inthis Agreement are calendar days unless indicated otherwise.Write down your Card number and the customer service phone number provided in this Agreement on a separate piece of paper incase your Card is lost, stolen, or destroyed. Please read this Agreement carefully and keep it for future reference. All dollaramounts stated herein are in U.S. Dollars (“dollars”) unless expressly stated otherwise.Receipt of CardYou may have received this Card as part of an unsolicited offer from us or one of our marketing or service providers, by completinga request to receive a Card online, or through an invitation to receive a Card from us or from one of our marketing or serviceproviders. You may have also received this Card as a replacement to an expired Card or at your request as a replacement for a lostor stolen Card.If you have any questions or concerns as to why you received this Card, or to opt-out of receiving a Card or any future offers fromus, please call us at 1-800-206-2956. You may be asked to enter your Card number. By providing your Card number during theopt-out process, you are not activating the Card or providing us with any information that will be used for any purpose other than toremove you from our mailing list. If you do not wish to activate or retain this Card, please destroy and dispose of the Cardimmediately by cutting it in half.This Card is a prepaid card, not a credit card. The Card is not active and there is no value on the Card until or unless you loadfunds to the Card Account or until or unless funds are loaded to the Card Account on your behalf. No credit information was pulledor accessed from any credit bureau or credit reporting agency in connection with your receipt of this Card. For your safety and thesafety of your personal information, we only collect personal information to identify you if you choose to activate the Card incompliance with applicable law (please refer to the section of this Agreement titled “Activating Your Card” for more information).
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW CARD ACCOUNTActivating Your CardYou must activate your Card before it can be used. You may activate your Card by calling 1-800-206-2956 or byvisitingwww.achievecard.com. You will need to provide personal information in order to verify your identity. The Bank Secrecy Act,as amended by the USA Patriot Act is a federal law that requires all financial institutions to obtain, verify, and record information thatidentifies each person who opens a Card Account. What this means for you: When you activate a Card Account, we will ask for yourname, address, date of birth, and other information that will allow us to reasonably identify you. We may also ask to see your driverslicense or other identifying documents at any time. Please refer to the section of this Agreement titled “First California Bank PrivacyPolicy” for information regarding how we may use information that we collect from you.Your Representations and WarrantiesBy activating the Card or by retaining, using, or authorizing the use of the Card, you represent and warrant to us that: (i) you are atleast 18 years of age (or 19 if you reside in a state where the age of majority is 19); (ii) you are a U.S. citizen or legal alien residingin one of the 50 states, the District of Columbia or Puerto Rico; (iii) you have provided us with a verifiable U.S. street mailingaddress (not a P.O. Box); (iv) the personal information that you provide to us in connection with the Card is true, correct, andcomplete; (v) you received a copy of this Agreement and agree to be bound by and to comply with its terms; and (vi) you accept theCard.Personal Identification NumberYou will be assigned a Personal Identification Number ("PIN") when you activate your Card Account, which you can change bycalling1-800-486-0273. You should not write or keep your PIN with your Card. Never share your PIN with anyone. When enteringyour PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified orsuspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately following theprocedures in thesection of this Agreement titled “Your Responsibility and Liability for Unauthorized Transactions".Authorized UsersYou are responsible for all authorized transactions initiated and fees incurred by use of your Card. If you permit another person tohave access to and use your Card, Card number, or PIN, we will treat such permission as if you have authorized such use and youwill be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of your Card and thesecurity of your PIN according to the terms and conditions of this Agreement.Secondary CardholderYou may not request an additional Card for another person.IMPORTANT INFORMATION ABOUT LOADING YOUR CARD, ACCESSING YOUR CASH AND USING YOUR CARDLoading Your Card
You may add funds to your Card, called "value loading", at any time subject to the following limitations. When using direct deposit toinitially fund your Card, the minimum amount and maximum amount of each initial value load is $0.01 and $10,000,respectively. When using direct deposit to add value to your Card, the minimum amount and maximum amount of each value reloadis $0.01 and $10,000, respectively. When using direct deposit, the maximum number of times you may load your card per month istwenty (20) and the sum of all your loads in a given month may not exceed $15,000 per month.The maximum balance in your Card Account cannot exceed ten thousand dollars ($10,000.00) at any point in time. Any load maybe rejected in whole or in part at any time at our discretion if the amount of such load may cause the maximum balance in your CardAccount to exceed ten thousand dollars ($10,000.00) at any point in time. You will typically have access to funds loaded to yourCard Account via direct deposit on the same day received by us which is the effective date for such direct deposit. You should checkwith your payroll or benefits provider to determine the effective date for any direct deposit you have instructed your payroll orbenefits provider to load to your Card.We may increase or decrease these limits from time to time in our sole discretion. We reserve the right to accept or reject anyrequest to reload value to the Card at our sole discretion. The Card may only be reloaded by the Cardholder. You may load yourCard with cash via a GreenDot® MoneyPak®. For details on how to load your Card, how much you can load to your Card, and thelimits on how much you can load to your Card using the GreenDot®MoneyPak®, please see the back of yourGreenDot®MoneyPak®.You will typically have access to funds you load to your Card Account via cash within one (1) hour of suchload.Presenting personal checks, cashier’s checks, and money orders to the Issuer are not an acceptable form of loading. All checksand money orders sent to the Issuer for Card loading will be returned unless the full amount may be applied towards a negativebalance, in which case the check or money order may or may not be loaded to the Card at the discretion of the Issuer.Direct Deposit AccountTo initiate direct deposits to your Card Account, you may use the direct deposit form available at www.achievecard.com or that wasincluded in the AchieveCard package mailed to you. Your employer may also have a form you can use. The bank routing numberand direct deposit account number are for the purpose of initiating direct deposits to your prepaid Card Account only. You are notauthorized to provide your bank routing number and direct deposit account number to anyone other than your employer, benefitsprovider or payer and merchants to whom you have preauthorized for direct debits. If you have arranged to have direct depositsmade to your account at least once every 60 days from the same person or company, the person or company making the depositmay tell you every time they send us the money. You may also call us at 1-800-486-0273 to find out whether or not your directdeposit has been made.Preauthorized Transfers and Stop PaymentYour prepaid Card Account and associated direct deposit account number can be used for preauthorized direct debits frommerchants or from utility or Internet service providers. If presented for payment, these preauthorized direct debits will be processedand your payment to the merchant or provider will be processed. If you have told us in advance to make regular payments out ofyour account, you can stop any of these payments if you follow these steps.
Call us at 1-800-486-0273 or write us at AchieveCard Prepaid MasterCard; Attn: Disputes Department; PMB 296 P.O. Box 200255;Austin, Texas 78720 in time for us to receive your request three (3) business days or more before the payment is scheduled to bemade. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. If theseregular payments vary in amount, the person you are going to pay should tell you ten (10) days before each payment, when it will bemade and how much it will be. If you notify us to stop one of these payments three (3) business days or more before the transfer isscheduled, and we do not do so, we will be liable for your losses or damages.Using Your Card/FeaturesThe maximum amount that can be spent on your Card per day is two thousand, five hundred dollars ($2,500.00). The maximumvalue of your Card is restricted to ten thousand dollars ($10,000.00).You are permitted to conduct up to twenty-five (25) point-of-sale (“POS”) purchase transactions per day. The maximum POSpurchase amount is two thousand, five hundred dollars ($2,500.00) per transaction, up to a maximum of two thousand, five hundreddollars ($2,500.00) per day.You may use your Card everywhere MasterCard debit cards are accepted to purchase or lease goods or services, obtain balances,or withdraw cash wherever MasterCard®, Maestro®, Cirrus® , NYCE®, STAR®, or Allpoint® debit cards are accepted as long asyou do not exceed the value available in your Card Account. Some merchants do not allow Cardholders to conduct split transactionswhere you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form oflegal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to debit onlythe exact amount of funds available in your Card Account from the Card Account. You must then arrange to pay the difference usinganother payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform themerchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined.If you use your Card at an automated fuel dispenser ("pay at the pump"), the merchant may preauthorize the transaction amount upto one hundred and twenty-five dollars ($125.00) or more. If your Card is declined, even though you have sufficient funds available,we recommend you pay for your purchase inside with the cashier. If you use your Card at a restaurant, a hotel, for a car rentalpurchase, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up totwenty percent (20%) or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Anypreauthorization amount will place a "hold" on your available funds until the merchant sends us the final payment amount of yourpurchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. It may take severaldays for the hold to be removed, depending upon the merchant and type of transaction involved. During the hold period, you will nothave access to the preauthorized amount.If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legaleffect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions youcan make on your Card. Your Card cannot be redeemed for cash. You may not use your Card for online gambling, or any illegaltransaction.
Each time you use your Card, you authorize us to reduce your Available Balance by the amount of the transaction and anyapplicable fees. You cannot use the Card, either in a single transaction or a series of transactions, if the amount of the transaction(s)exceed(s) your Available Balance. Nevertheless, if the amount of a transaction exceeds your Available Balance, you shall remainfully liable to us for the amount of the transaction and any applicable fees.You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. If you authorizea transaction from your Card Account and then fail to make the purchase or payment of the item as planned, the approval may resultin a hold for that amount of funds for up to thirty (30) days. Certain transactions including, but not limited to all transactions relatingto car rentals may result in a hold for that amount of funds for up to sixty (60) days.ReceiptsYou should get a receipt at the time you make a transaction using your Card. You agree to retain, verify, and reconcile yourtransactions and receipts.Cash AccessWith your PIN, you may use your Card to obtain cash from any Automated Teller Machine ("ATM") or POS device, as permissible bya merchant, that bears the MasterCard®, Cirrus®, Maestro®, NYCE®, STAR® or Allpoint® Acceptance Mark. All ATM transactionsare treated as cash withdrawal transactions. You are permitted up to eight (8) ATM withdrawals per day. The maximum withdrawalamount is three hundred dollars ($300.00), up to a maximum withdrawal amount of six hundred dollars ($600.00) per day. Themaximum withdrawal amount for international ATM transactions is three hundred dollars ($300.00), up to a maximum withdrawalamount of three hundred dollars ($300.00) per day.Any funds withdrawn from a POS device or through a participating bank (over the counter withdrawal) per day will be subtractedfrom the available balance of your Card Account. . Any funds withdrawn from a POS device will be subject to the maximum amountthat can be spent on your Card Account per day and subject to the available balance in your Card Account.IMPORTANT INFORMATION ABOUT FEES CHARGED TO YOUR CARD ACCOUNTAll fees assessed by us are deducted from your Card Account available balance. If your available balance is insufficient tocover any transaction amount or any transaction fee(s) assessed or both, the transaction may be declined. Furthermore, ifyour available balance is insufficient to cover the Monthly Maintenance Fee assessed, your card account will be drawnnegative for any portion of the Monthly Maintenance Fee that is not covered by your available balance. Please be awarethat when you reload your Card, your available balance will first be applied to cover the portion of the MonthlyMaintenance Fee that drew your balance negative before any transaction activity is processed to your Card Account. Wewill close your Card Account no later than 90 days, if it continuously maintains a negative balance from the date of the firstnegative balance drawn. We reserve the right to offset any negative balance by any current or future funds you may loadto or maintain in your Card Account or any other Card or Card Account you maintain with us now or in the future.
You may switch fee plans at any time by calling 1-800-486-0273. When you first activate your Card, you are automatically enrolledin the Gold Plan unless you choose the Platinum Plan or Silver Plan. If you choose to switch fee plans, your new fee plan willbecome effective on the first day of your next billing cycle. Your billing cycle is defined as every 30 days from date on which you firstloaded funds to your Card. You may have to wait up to 30 days for the new fee plan to take effect. In addition, switching to a new feeplan may result in an increase in fees.AchieveCard services included with your Monthly Maintenance Fee: Card Activation, Direct Deposit, Automated Phone SystemInquiry, Live U.S Based Customer Support, Online Account Statement, AchieveCard to AchieveCard funds transfer, Bill Pay Service- Electronic Payment or Physical Check (initiated through your AchieveCard online account on www.achievecard.com), and SMSAlerts**Standard text messaging rates from your service provider may apply.NOTE: If you use an ATM that does not have the Allpoint®Surcharge Acceptance Mark for any transaction, including abalance inquiry, you may be charged a fee by the ATM owner or operator in addition to our fee(s) stated above even if youdo not complete a withdrawal. This ATM fee is a third party fee assessed by such individual ATM owner or operator and isnot assessed by us. Such third party ATM fee will be charged to your Card Account in addition to any fee(s) stated above.Non-MasterCard Debit TransactionsNew procedures are in effect that may impact you when you use your Card at certain merchant locations. In the past, transactionshave been processed as MasterCard debit transactions unless you entered a PIN. Now, if you do not enter a PIN, transactions maybe processed as either a MasterCard® debit transaction or as a STAR® or NYCE® transaction.Merchants are responsible for and must provide you with a clear method of choosing to make a MasterCard debit transaction if theysupport the option. Please be advised that should you choose to use the STAR® or NYCE® network when making a transactionwithout a PIN, different terms may apply. Certain protections and rights applicable only to MasterCard debit transactions asdescribed in this Agreement will not apply to transactions processed on the STAR® or NYCE® network. Please refer to the sectionof this Agreement titled "Your Liability for Unauthorized Transactions" for a description of these rights and protections applicable toMasterCard debit and non-MasterCard debit transactions.To initiate a MasterCard debit transaction at the POS, swipe your Card through a POS terminal, sign the receipt, or provide yourCard number for a mail order, telephone, or Internet purchase. To initiate a non-MasterCard debit transaction at the POS, enter yourPIN at the POS terminal or provide your Card number after clearly indicating a preference to route your transaction as a non-MasterCard debit transaction for certain bill payment, mail order, telephone, or Internet purchases.Charges Made in Foreign CurrenciesIf you obtain your funds or make a purchase in a currency other than the currency in which your Card was issued, the amountdeducted from your Card Account will be converted by MasterCard International, Incorporated into an amount in the currency of yourCard. The exchange rate between the transaction currency and the billing currency used for processing international transactions isa rate selected by MasterCard International, Incorporated from the range of rates available in wholesale currency markets for theapplicable central processing date, which may vary from the rate MasterCard International, Incorporated itself receives, or thegovernment-mandated rate in effect for the applicable central processing date. If you obtain your funds or make a purchase in a
currency other than the currency in which your Card was issued, MasterCard International, Incorporated may assess a foreigncurrency conversion fee of 2.95% of the transaction amount and will retain this amount as compensation for itsservices.Transactions made outside of the 50 United States and the District of Columbia are also subject to this conversion fee evenif they are completed in U.S. currency.Returns and RefundsIf you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your CardAccount for such refunds and agree to the refund policy of that merchant. The Issuer is not responsible for the delivery, quality,safety, legality or any other aspects of goods or services that you purchase from others with a Card. All such disputes must beaddressed and handled directly with the merchant from whom those goods or services were provided.Card ReplacementIf you need to replace your Card for any reason, please contact us at 1-800-486-0273 to request a replacement Card. You will berequired to provide personal information which may include your Card number, full name and transaction history and copies ofaccepted identification. There is a fee for replacing your Card, see the “Fee Schedule” for details.Card Account Balance/Periodic Statements and Account InformationYou are responsible for keeping track of your Card Account available balance. Merchants generally will not be able to determineyour available balance. It is important you know your available balance before initiating any transaction. You may access youravailable balance by accessing your Card Account online or by calling 1-800-486-0273. This information, along with a sixty (60) dayhistory of Card Account transactions, is also available online at www.achievecard.com. You also have a right to obtain a sixty (60)day written history of Card Account transactions by calling 1-800-486-0273 or by requesting this information in writing atAchieveCard Prepaid MasterCard, PMB 296, P.O. Box 200255, Austin, TX 78720. You will not automatically receive paperstatements. Statements in electronic format will be made available at www.achievecard.com during each month in which atransaction occurs. You will not automatically receive paper statements. You may choose to have a paper statement mailed to youby contacting us each time at 1-800-486-0273 or by registering online for paper statements at www.achievecard.com. Please beaware that there is a fee that will be assessed to your Card Account for each paper statement that you request. See the “FeeSchedule” for details.IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND RESPONSIBILITIESConfidentialityWe may disclose information to third parties about your Card 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 for a third party, such as a merchant;(3) In order to comply with government agency, court order, or other legal reporting requirements;(4) If you consent by giving us your written permission; (5) To our employees, auditors, affiliates, service providers, or attorneys asneeded; or(6) Otherwise as necessary to fulfill our obligations under this Agreement.
Our Liability for Failure to Complete TransactionsIf we do not properly complete a transaction initiated using your Card on time or in the correct amount according to our Agreementwith 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 whenyou initiated the transaction;(5) If access to your Card Account has been blocked after you reported your Card lost or stolen;(6) If there is a hold on your funds or your funds in your Card Account are subject to legal process or other encumbrance restrictingtheir 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 thetransaction, despite reasonable precautions that we have taken; or(9) Any other exception stated in our Agreement with you excludes us from such liability.Your Responsibility and Liability for Unauthorized TransfersContact us immediately at 1- 800 486-0273 if you believe your Card was lost or stolen. Telephoning is the best way to minimize yourpossible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer funds from yourCard Account without your permission, you could lose all the money in your Card Account. If you notify us within two (2) businessdays after your learn of the loss or theft of your Card, you can lose no more than $50.00 if someone used your Card without yourpermission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can provethat we could have stopped someone from using your Card without your permission if you had promptly notified us, you could loseas much as $500.00.Also, if your statement shows transactions that you did not make, including those made by Card, code or other means, notify us atonce. If you do not notify us in writing within sixty (60) days from the earlier of the date you electronically access your Card Account,provided that the electronic history reflects the transfer, or the date we sent the FIRST written history of your Card Accounttransactions at your request, then you may not get back any money you lost after the 60 days if we can prove that we could havestopped 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. If your Card hasbeen lost or stolen, we will close your Card Account to keep losses down.MasterCard’s Zero Liability Policy – General Guidelines. Under MasterCard International, Incorporated Operating Regulations, yourliability (“MasterCard’s Zero Liability Policy”) for losses due to unauthorized non-PIN based MasterCard debit transactions on yourCard Account is zero dollars ($0.00) as long as you report the loss to us by calling the number stated above within two (2) businessdays of the earlier of (i) the loss or theft of your Card or (ii) the unauthorized transaction(s) and you were not negligent or fraudulentin the handling of your Card. If you do not report such losses due to such unauthorized non-PIN based MasterCard debittransactions within the timeframe stated above, your liability for such losses will not be limited by and such losses will not qualify forthe MasterCard Zero Liability Policy. If a loss qualifies for handling under the MasterCard Zero Liability Policy, we will issue aprovisional credit to your Card Account within five (5) business days (instead of the standard ten (10) business days as describedearlier) of the later of (i) the date on which you reported the loss to us, or if we requested you to submit your report in writing or
requested additional information, (ii) the date on which we actually received such written report or additional information. All otherterms, conditions, limitations, etc. previously discussed shall apply. The MasterCard Zero Liability Policy does not apply to anytransaction (i) performed using a PIN; (ii) performed at an automated teller machine; (iii) conducted with a non-MasterCardbranded card; (iv) not processed by or through MasterCard, the MasterCard network, or any MasterCard affiliate orsubsidiary; or (v) any transaction that exceeds the limits or limitations for transactions as stated in the section of thisAgreement titled “Limitations on Use”. The MasterCard Zero Liability Policy also does not apply if you have reported two(2) or more unauthorized transactions as part of any single Notice or multiple Notices within the past twelve (12) months.Information About Your Rights to Dispute ErrorsIn case of errors or questions about your electronic transactions, call 1-800-486-0273 or write to AchieveCard Prepaid MasterCard;Attn: Disputes Department; PMB 296 P.O. Box 200255; Austin, Texas 78720 if you think your statement or receipt is wrong or if youneed more information about a transaction listed on the statement or receipt. We must allow you to report an error until sixty (60)days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic history,or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions atany time by calling us at 1-800-486-0273 or writing us at AchieveCard Prepaid MasterCard; Attn: Disputes Department; PMB 296P.O. Box 200255; Austin, Texas 78720. You will need to tell us:1. Your name and Card Account number2. Why you believe there is an error, and the dollar amount involved3. Approximately when the error took placeIf you provide this information orally, we may require that you send your complaint or question in writing within ten (10) businessdays.We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any errorpromptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If wedecide to do this, we will credit your Card within ten (10) business days for the amount you think is in error, so that you will have theuse of the money during the time it takes to complete the investigation. If we ask you to put your complaint or question in writingand you do not provide it within ten (10) business days, we may not credit your Card.For errors involving new Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigateyour complaint or question.If a loss qualifies for handling under the MasterCard Zero Liability Policy, we will issue a provisional credit to your Card Accountwithin five (5) business days of the later of (i) the date on which you reported the loss to us, or if we requested you to submit yourreport in writing or requested additional information, (ii) the date on which we actually received such written report or additionalinformation. All other terms, conditions, limitations, etc. previously discussed shall apply.
We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, wewill send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting us at thephone number or address listed at the beginning of this section. If you need more information about our error-resolutionprocedures, call us at 1-800-486-0273 or notify us at www.achievecard.com.No Warranty Regarding Goods and ServicesWe are not responsible for the delivery, quality, safety, legality, or any other aspect of the goods and services purchased frommerchants with the Card. All disputes concerning those matters should be addressed to the merchants from whom the goods andservices were purchased.Short Message Service Text Message ("SMS"), E-mail, Mail, Telephone Calls and Prerecorded Telephone Calls (eachindividually, a "Notification" and collectively, "Notifications")We would like to send you Notifications about your Card Account and other matters of interest to you as a Cardholder. By activatingyour Card and giving us your phone numbers and email address, you agree to receive telephone calls and emails from us regardingyour Card Account and additional products and services offered to you. When you activate your Card, we will ask if you will opt inand agree to receive Notifications from us by pre-recorded telephone calls and SMS text messages regarding your Card Account. Inorder to receive SMS text messages, you must have text messaging enabled on your mobile phone and must subscribe to aparticipating cellular telephone carrier. Although we send such Notifications to you without charging you, standard cellular telephonecarrier messaging and data fees may apply. Check with your cellular telephone carrier for more details.You may advise us that you wish to stop receiving ("opt-out" of) SMS Notifications by texting the word "STOP" to the short codeused for the program. You may also opt-out of any Notification method at any time by calling 800-486-0273 or by email@example.com (except as explained below). If you choose to later opt out of receiving Notifications by SMS texts orcommercial emails from us, you may receive a confirmation notice confirming your decision to opt-out. You agree that we may sendyou such confirmations. You also acknowledge that we may send you emails or call you regarding your account, even if you haveput your number on a Do Not Call list or have opted out of receiving general commercial email from us. You agree that we shall notbe liable for incomplete, lost, late, damaged, illegible, or misdirected Notifications or for any technical problems, malfunctions of anytelephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections, failed,incomplete, garbled, or delayed transmissions, or damage to any phone or computer system resulting from your participation in oraccessing or downloading information in connection with such Notifications.Other Miscellaneous TermsYour Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Useof your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We donot waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to beinvalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity orenforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of theState of California except to the extent governed by federal law.Amendment and CancellationWe may amend or change the terms and conditions of this Agreement at any time. You agree that we may notify you of any changesby posting the amended Agreement on our website prior to the effective date of the change (unless applicable law requires another
form of notification).However, if the change is made for security purposes, we can implement such change without prior notice. Wemay cancel your Card or suspend access to your Card Account or this Agreement at any time. You may cancel this Agreement byreturning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under thisAgreement prior to termination.In the event that your Card Account is cancelled, closed, or terminated for any reason, you may request the unused balance to bereturned to you via a check to the mailing address we have in our records. The Issuer reserves the right to refuse to return anyunused balance amount less than one dollar ($1.00)Arbitration ProvisionGoverning Law. This Agreement will be governed by the laws of the State of California except to the extent governed by federallaw. This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16 ("FAA").Waiver of Jury Trial and Arbitration Provision. Arbitration is a process in which persons with a dispute: (a) waive their rights to file alawsuit and proceed in court and to have a jury trial to resolve their disputes; and (b) agree, instead, to submit their disputes to aneutral third person (an "arbitrator") for a decision. Each party to the dispute has an opportunity to present some evidence to thearbitrator. Pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials. Thearbitrator will issue a final and binding decision resolving the dispute, which may be enforced as a court judgment. A court rarelyoverturns an arbitrators decision. We have a policy of arbitrating all disputes with customers which cannot be resolved in a smallclaims tribunal, including the scope and validity of this Arbitration Provision and any right you may have to participate in an allegedclass action. THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:For purposes of this Waiver of Jury Trial and Arbitration Provision, the words "dispute" and "disputes" are given the broadestpossible meaning and include, without limitation (a) all claims, disputes, or controversies arising from or relating directly or indirectlyto the signing of this Arbitration Provision, the validity and scope of this Arbitration Provision and any claim or attempt to set asidethis Arbitration Provision; (b) all federal or state law claims, disputes or controversies, arising from or relating directly or indirectly tothe Loan Agreement, the information you gave us before entering into this Agreement, including the customer informationapplication, and/or any past agreement or agreements between you and us; (c) all counterclaims, cross-claims and third-partyclaims; (d) all common law claims, based upon contract, tort, fraud, or other intentional torts; (e) all claims based upon a violation ofany state or federal constitution, statute or regulation; (f) all claims asserted by us against you, including claims for money damagesto collect any sum we claim you owe us; (g) all claims asserted by you individually against us and/or any of our employees, agents,directors, officers, shareholders, governors, managers, members, parent company or affiliated entities (hereinafter collectivelyreferred to as "related third parties"), including claims for money damages and/or equitable or injunctive relief; (h) all claims assertedon your behalf by another person; (i) all claims asserted by you as a private attorney general, as a representative and member of aclass of persons, or in any other representative capacity, against us and/or related third parties (hereinafter referred to as"Representative Claims"); and/or (j) all claims arising from or relating directly or indirectly to the disclosure by us or related thirdparties of any non-public personal information about you.1. You acknowledge and agree that by entering into this Arbitration Provision:(a) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US ORRELATED THIRD PARTIES;
(b) YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS TRIBUNAL, RESOLVE ANYDISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; and(c) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR INANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANYLAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES.2. Except as provided in Paragraph 5 below, all disputes including any Representative Claims against us and/or related third partiesshall be resolved by binding arbitration only on an individual basis with you. THEREFORE, THE ARBITRATOR SHALL NOTCONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE,AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.3. Any party to a dispute, including related third parties, may send the other party written notice by certified mail return receiptrequested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested, even if a lawsuit hasbeen filed. Regardless of who demands arbitration, you shall have the right to select any of the following arbitration organizations toadminister the arbitration: the American Arbitration Association (1-800-778-7879) http://www.adr.org or JAMS (1-800-352-5267)http://www.jamsadr.com. The parties may also agree to select an arbitrator who resides within your federal judicial district who is anattorney, retired judge, or arbitrator registered and in good standing with an arbitration association, and arbitrate in accordance withsuch arbitrator’s rules. The party receiving notice of arbitration will respond in writing by certified mail return receipt requested withintwenty (20) days. If you demand arbitration, you must inform us in your demand of the arbitration organization you have selected orwhether you desire to select a local arbitrator. If related third parties or we demand arbitration, you must notify us within twenty (20)days in writing by certified mail return receipt requested of your decision to select an arbitration organization. If you fail to notify us,then we have the right to select an arbitration organization. The parties to such dispute will be governed by the rules and proceduresof such arbitration organization applicable to consumer disputes, to the extent those rules and procedures do not contradict theexpress terms of this Arbitration Provision, including the limitations on the arbitrator below. You may obtain a copy of the rules andprocedures by contacting the arbitration organization listed above.4. Regardless of who demands arbitration, at your request we will pay your portion of the arbitration expenses, including the filing,administrative, hearing and arbitrators fees ("Arbitration Fees"). Throughout the arbitration, each party shall bear his or her ownattorneys fees and expenses, such as witness and expert witness fees. The arbitrator shall apply applicable substantive lawconsistent with the FAA, and applicable statutes of limitation, and shall honor claims of privilege recognized at law. The arbitrationhearing will be conducted in the county of your residence. The arbitrator may decide, with or without a hearing, any motion that issubstantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. In conducting the arbitrationproceeding, the arbitrator shall not apply any federal or state rules of civil procedure or evidence. If allowed by statute or applicablelaw, the arbitrator may award statutory damages and/or reasonable attorneys fees and expenses. If the arbitrator renders a decisionor an award in your favor resolving the dispute, we will reimburse you for any Arbitration Fees you have previously paid. At thetimely request of any party, the arbitrator shall provide a written explanation for the award. The arbitrators award may be filed withany court having jurisdiction.
5. All parties, including related third parties, shall retain the right to seek adjudication in a small claims tribunal in the county of yourresidence for disputes within the scope of such tribunals jurisdiction. Any dispute, which cannot be adjudicated within the jurisdictionof a small claims tribunal, shall be resolved by binding arbitration. Any appeal of a judgment from a small claims tribunal shall beresolved by binding arbitration.6. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA. If afinal non- appealable judgment of a court having jurisdiction over this transaction finds, for any reason, that the FAA does not applyto this transaction, then our agreement to arbitrate shall be governed by the arbitration law of the State of California.7. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and assigns. This ArbitrationProvision is binding upon and benefits us, our successors and assigns, and related third parties. This Arbitration Provision continuesin full force and effect, even if your obligations have been paid or discharged through bankruptcy. This Arbitration Provision survivesany cancellation, termination, amendment, expiration or performance of any transaction between you and us and continues in fullforce and effect unless you and we otherwise agree in writing. If any of this Arbitration Provision is held invalid, the remainder shallremain in effect.Opt-Out Process.You may choose to opt out of the Arbitration Provision, but only by following the process set-forth below. If you do not wish to besubject to this Arbitration Provision, then you must notify us in writing within sixty (60) calendar days of the acceptance of your Cardat the following address:AchieveCard Prepaid MasterCard PMB 296, P.O. Box 200255Austin, TX 78720Your written notice must include your name, address, account number or social security number and a statement that you wish toopt out of this Arbitration Provision.English Language ControlsAny translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations hereinare subject to definitions and interpretations in the English language. Any translation provided may not accurately represent theinformation in the original English.Customer ServiceFor customer service or additional information regarding your Card, please contact us at the following address:AchieveCard Prepaid MasterCard
§ Social Security number and account balances§ Payment history and transaction history§ Overdraft history and account transactionsWhen you are no longer our customer, we continue to share your information as described in this notice.How?All financial companies need to share customers’ personal information to run their everyday business. Inthe section below, we list the reasons financial companies can share their customers’personalinformation; the reasons FIRST CALIFORNIA BANK chooses to share; and whether you can limit thissharing.Reasons we can share your personal information Does FIRST CALIFORNIA BANKshare?Can you limit thissharing?For our everyday business purposes —such as toprocess your transactions, maintain your account(s),respond to court orders and legal investigations, orreport to credit bureausYes NoFor our marketing purposes —to offer our products and services to youYes NoFor joint marketing with other financial companies No We don’t shareFor our affiliates’ everyday business purposes —information about your transactions and experiencesNo We don’t shareFor affiliates everyday business purposes –Information about your creditworthinessNo We don’t shareFor nonaffiliates to market to you No We don’t shareQuestions?Call 1-800-486-0273 or go to www.achievecard.com
Who we areWho is providing this notice? First California Bank (FCB)First California Financial Group, Inc. (FCAL)What we doHow does FIRST CALIFORNIABANK protect my personalinformation?To protect your personal information from unauthorized access and use, we usesecurity measures that comply with federal law. These measures include computersafeguards and secured files and buildings.How does FIRST CALIFORNIABANK collect my personalinformation?We collect your personal information when, for example, when you§ Open an account or deposit money§ pay your bills or apply for a loan§ use your credit or debit cardWhy can’t I limit all sharing? Federal law gives you the right to limit only§ sharing for affiliates’ everyday business purposes – information about yourcreditworthiness§ affiliates from using your information to market to you§ sharing for nonaffiliates to market to youState laws and individual companies may give you additional rights to limit sharing.DefinitionsAffiliates Companies related by common ownership or control. They can be financial andnonfinancial companies.§ FIRST CALIFORNIA BANK does not share with our affiliatesNonaffiliates Companies not related by common ownership or control. They can be financial andnon-financial companies.§ FIRST CALIFORNIA BANK does not share with affiliates so they can marketto you.Joint marketing A formal agreement between nonaffiliated financial companies that together marketfinancial products or services to you.§ FIRST CALIFORNIA BANK does not jointly market.