AmeriCash Express Card Cardholder Agreement

NOTICE: Not available to Wisconsin residents.

AmeriCash Express Card Cardholder Agreement and Disclosure

IMPORTANT. Please Read and Keep for Future Reference

By accepting, using, or funding the AmeriCash Express Card("Card"), or by allowing any other person to use your Card, you agree to be bound by the terms and conditions of this Agreement.

Definitions
In this Agreement, the words "you" and "your" mean each person who agrees to use the Card, and the words, "we", "us" and "our" mean AmeriCash Express Card, Global Cash Card, LLC and First Regional Bank, the companies who together are issuing the Card. The word "advance" means a payday advance made by us, and the word "account" means your AmeriCashExpress Card account established with us. The word "Card" means the AmeriCash Express Card. The word, "Agreement" refers to the AmeriCash Express Cardholder Agreement and Disclosure, as amended.

Card Description and Uses
Card Basics
The Card is a reusable, prepaid stored-value Card. The Card is issued through an arrangement with Global Cash Card, LLC ("GCC") and First Regional Bank ("FRB"). There is no checking or savings account directly tied to your Card. Instead, funds you deposit on the Card are held in a special, pooled account at FRB that includes funds deposited by other Cardholders. Your Card balance and all of your transactions are tracked separately by GCC. No interest will be paid on the balances transferred to the Card. You may call us at 1-877-369-6700 for balance and transaction information.

The Card is not a credit card and is not connected with any loan or advance you might receive from us. The terms and conditions governing the use of your Card are separate from those governing any payday advance you might obtain from us. If you decide to have the proceeds of a payday advance deposited on to a Card, you must still repay your advance in accordance with the terms of the AmeriCash Advance LLC Loan Agreemtn and/or Disclosure Statement governing the advance.
Security

You will choose a personal identification number ("PIN") to prevent unauthorized use of the Card. This PIN will be used to authorize transactions on the Card. You agree:

Not to disclose the PIN to anyone or record it on the Card or otherwise make it available to anyone else.

To promptly notify us of any loss or theft of the Card or PIN.

To be liable for any transactions made by a person you authorize or permit to use the Card/PIN.

That you may have up to three (3) Cards.

That you may be denied use of the Card if you:

Exceed the daily ATM withdrawal limit.

Do not have adequate funds on your Card.

Do not enter the correct PIN on the third attempt.

Exceed the frequency of usage limitation

Returns and Refunds
You agree to settle all disputes about purchases made using the Card with the merchant who honored the Card. If you are entitled to a refund for any reason for goods and services obtained with the Card, you agree to accept credits to your Card.

Electronic Funds Transfer Act Disclosures
Validating the Card
If we have sent you a Card, you will not be able to use the Card until we have validated it. If you do not want to use the Card, please destroy it at once by cutting it in half. We will not validate the Card until we set up an account in your name and assign you a PIN.

Lost or Stolen Card or PIN

Tell us AT ONCE if you believe your Card or PIN has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money on your Card. If you tell us within two (2) business days, you can lose no more than fifty dollars ($50) if someone used your Card or PIN without your permission. (If you believe your Card or PIN has been lost or stolen, and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than fifty dollars ($50) if someone used your Card or PIN without your permission.)

If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Card or PIN, and we can prove we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as five hundred dollars ($500).

Also, if the transaction record posted on our website shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the transfer was posted on our website, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

Loss, Theft or Unauthorized Use
If your card has been lost, stolen or used without your permission, you must notify us immediately at (888) 220-4477. When you notify us by telephone, we may require you to confirm the error in writing to us at Global Cash Card, 7 Corporate Park Drive, Suite 100 Irvine, Ca. 92606 within 10 days of your verbal notification. If we do not receive this written notification within (10) days, your claim will be rejected. Failure to notify us immediately can result in the loss of any funds associated with this card. When you notify us that your card has been lost or stolen, we will cancel the card and transfer any funds to a replacement card subject to our Fee Schedule. In transactions where a PIN is required, use of your PIN will authorize authorize such transactions and you will be liable for all transactions made with your PIN. Additionally, you shall be liable for transactions on the web and toll free telephone that requires your access.

Business Days
For purposes of these disclosures, our business days are Monday through Friday.

Transfer Types and Limitations

Card balance access.
You may use your Card and PIN to:

Withdraw cash at an ATM with the STAR logo.

Transfer funds between Cards.

Pay for purchases at places that have agreed to accept the Card.
Some of these services may not be available at all terminals.

Limitations on frequency of transfers

You may not make more than five (5) ATM transactions each day.

For security reasons, there are limits on the number of transfers you can make using your Card.

Limitations on dollar amounts of transfers

You may withdraw in one ATM transaction up to the amount of the available balance of funds on your Card or five hundred dollars ($500), whichever is less. Individual ATMs may have lower transaction limits.

Your daily ATM withdrawals cannot exceed one thousand dollars ($1,000.00) within any twenty-four (24) hour period.

Card to Card transfers are limited to twenty-five hundred dollars ($2,500.00) within any twenty-four (24) hour period.

Other limitations

The minimum value that may be added to the Card is twenty-five dollars ($25.00).

The maximum value that may be added to the Card at one time is five thousand dollars ($5,000.00).

Fees
You will be charged fees for ATM transactions, point of sale transactions, and other transactions. However, if your Card is funded with proceeds from an advance we have made to you, we will not charge you for the first ATM withdrawal following your advance. Please see the Fee Schedule to review all of the fees and charges associated with the Card.
You agree that we may deduct from your Card balance, without notice, all fees incurred as outlined in the Fee Schedule. You also agree that we may deduct fees for services you may request that are not included in this disclosure or our schedule of fees. We will not be liable for dishonoring any transactions presented for payment because of insufficient funds being available on the Card as a result of deducting fees. However, we reserve the right to collect fees at a later date, without notice, for non-deducted fees because of insufficient funds. There may be other fees imposed by the owners of ATMs and POS terminals.

Confidentiality
We will disclose information to third parties about your Card or the transfers you make:

Where it is necessary for completing transfers, or

In order to comply with government agency or court orders, or

In order to verify the existence and condition of your account for a third party, such as a merchant, or

If you give us your written permission.

Documentation

Terminal transfers. You can get a receipt at the time you make any transfer using an ATM or POS terminal.

Transaction Records. You are entitled to receive a transaction record or receipt at the time you use the Card at an electronic terminal or ATM.. Notification of periodic statements will be sent via email. You may also choose to receive paper copies of periodic information by calling 1-877-369-6700. This information includes periodic statements, amendments to this Agreement, including any changes to the Cardholder fees and terms and conditions of your use of the Card and any other disclosures.

Our Liability
If we do not complete a transfer to or from your Card on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

If, through no fault of ours, you do not have enough money on your Card to make the transfer.

If the ATM where you are making the transfer does not have enough cash.

If the ATM or POS terminal was not working properly and you knew about the breakdown when you started the transfer.

If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.

If access to your funds are on hold.

If a merchant refuses to accept your Card.

If an act of government, police, legal process or court order prevents the transfer.

ATM Fees
When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer). However, if your Card is funded with proceeds from an advance we have made to you, we will not charge you for the first ATM withdrawal following your advance. Please see the Fee Schedule to review all of the fees and charges associated with the Card.

In Case of Errors
In Case of Errors or Questions About Your Electronic Transfers Telephone us at (888) 220-4477 or Write us at Global Cash Card, 7 Corporate Park Drive, Suite 100 Irvine, CA 92606 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after a transaction FIRST appears on the transaction record posted on our website.
(1) Tell us your name and Card number.
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(3) 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 ten (10) business days.
We will determine whether an error occurred within ten (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 forty five (45) days to investigate your complaint or question. If we decide 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 the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your Card.
For errors involving new Cards, POS, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Cards, we may take up to twenty (20) business days to credit your Card for the amount you think is in error.
We will tell you the results within three (3) 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.

Other important matters
Terms of Agreement. You agree to the terms in this Agreement when you accept the Card and each time you use the Card. This Agreement constitutes the complete agreement between you and us with respect to the Card. The Card is also subject to the rules and regulations of any funds transfer system we use to process transactions, and applicable state and federal laws and regulations.

Card Matters. The Card is our property, and we may revoke or cancel the Card at any time without cause or notice. You must surrender or destroy a revoked Card, and you may not use an expired or revoked Card. You agree to notify us at once if the Card is lost or stolen. Improper use of the Card may result in immediate suspension of its use. You may cancel this Card and Agreement at any time by notifying us in writing and returning your Card to us at 901 Market St. Ste. 460 Wilmington, DE 19801. In the event of cancellation, we will issue a refund to you within thirty (30) days of notification subject to the Fee Schedule. Cancellation will not affect our rights or your obligations arising from this Agreement prior to termination.

Not a Bank Account. You acknowledge that you do not have a bank account with us.

Residency Requirements. Participation in the Card program is open only to qualified residents of states in which the Card is offered. Please call us to find out if the Card is offered in your state.

Record Retention. You should retain in your records a copy of this Agreement and all other documents associated with the Card.

Protect your Card and Personal Information. Your role is extremely important in the prevention of any wrongful use of your Card. You should take precautions to protect your Card and PIN, as well as your other personal identification information, such as your driver's license, Social Security Number, and the like. That information may allow a person to take money from your Card in your name without your permission. It is your responsibility to protect your personal information.

Protect Your PIN. You will have a PIN that, together with your Card, will allow you to withdraw money at an ATM. You should memorize your PIN, do not write it down, and do not share it with anyone. When selecting a PIN, you should not use any number or word that appears in your wallet, such as a name, birthday or address. You are responsible for keeping your PIN confidential. Any person to whom you give your PIN will be able to withdraw your money.

Our Liability is Limited. We are not liable to you or to any third party for any loss, property damage, bodily injury, any consequential or incidental damages, or any other indirect, special, or punitive damages whatsoever, resulting from inability to access funds loaded on the Card, even if we have been advised of the possibility of such damages. This exclusion of damages includes damages claimed in any cause of action, including but not limited to legal or equitable proceedings and claims relating to contract, tort or products liability.

Your Liability. Except as otherwise provided by law or in this Agreement, you are liable for any loss or damage resulting from your breach of this Agreement or to which your negligence contributed, or which resulted from unauthorized, fraudulent, or dishonest acts by others (other than us).

Waiver and Severability. We may delay exercising our rights without losing them. Any waiver or partial exercise of one right is not a waiver of other rights or the same right at another time. If any part of this Agreement, or its application to any person or set of circumstances, is held invalid or unenforceable to any extent, the remainder of this Agreement, and the application to any other persons or set of circumstances, will not be impaired or otherwise affected.

Governing Law. The Card is regulated by federal law and the laws of the states in which the Card is offered. If there is any conflict between the provisions of this Agreement and any applicable law or regulation, this Agreement will be deemed modified to the extent necessary to comply with such law or regulation. This Agreement will be interpreted in accordance with the laws of the State of Utah, U.S.A., without regard to conflicts of law principles.

Our Right to Change or Terminate this Agreement. We reserve the right to change the terms of this Agreement, including the fees and charges set forth in the Fee Schedule. When changes are made to any material terms, we will update this Agreement and if required by law, we will send you a notice at the address shown on our records. No such change will apply to any transactions that you have outstanding at the time the change becomes effective. We also reserve the right to terminate this Agreement, the Card and/or your access to the Program, in whole or in part, at any time and for any lawful reason.

Assignment. You may not assign this Agreement or your responsibilities under this Agreement to anyone else. We may assign this Agreement to any of our affiliates. We may also assign or delegate any or all of our rights and responsibilities under this Agreement to independent contractors or other third parties.

Arbitration Agreement. You and we agree to arbitrate. You and we agree that neither of us will start or participate in any lawsuit against the other. Instead, we will submit any and all "Claims" that we have against you, and you will submit any and all Claims that you have against us, to binding individual (and not class) arbitration.

What is arbitration? Arbitration is a procedure used to resolve disputes. It is different than mediation. In an arbitration, a professionally trained, neutral, third party arbitrator holds a hearing. The hearing is less formal than a trial in court. Each party has the opportunity to tell his or her side of the dispute. The arbitrator will review each party's case and make a decision. The decision is binding on the parties. By agreeing to arbitration, YOU GIVE UP YOUR RIGHT TO GO TO COURT.

What is a "Claim?" "Claims" means any and all claims, disputes or controversies that arise under common law, federal or state statute or regulation, or otherwise, and that we or our servicers or agents have against you or that you have against us, our servicers, agents, directors, officers and employees. "Claims" also includes any and all claims that arise out of (i) the validity, scope and/or applicability of this Arbitration Agreement, (ii) any use of the Card and any disclosures given or required to be given in connection with the Card, (iii) your application for a Card or advance, (iv) the Agreement, any deferred deposit agreement or any loan agreement between you and us, (v) any prior agreement between you and us, including any prior advances we have made to you, or (vi) our collection of any advance. "Claims" also includes all claims asserted as a representative, private attorney general, member of a class or in any other representative capacity (collectively, "Representative Claims"), and all counterclaims, cross-claims and third party claims.

What rules apply to arbitration? The arbitration will be governed by the Code of Procedure of the National Arbitration Forum ("NAF") in effect at the time the claim is filed. Rules and forms of the NAF may be obtained and all claims must be filed at any NAF office, online at www.arb-forum.com, or at National Arbitration Forum, P.O. Box 50191, Minneapolis, Minnesota 55405-0191. Alternatively, you may elect to have the arbitration heard by and under the consumer rules of the American Arbitration Association or the Better Business Bureau. Any arbitration hearing, if one is held, will take place at a location near your residence. The arbitration will be conducted by a single arbitrator. The arbitrator will not conduct class arbitration, and will not allow you to act as a representative, private attorney general or in any other representative capacity. The arbitration award will be in writing. Judgment upon the award may be entered by any party in any court having jurisdiction and will be final, binding and non-appealable. All statutes of limitations that are applicable to a Claim will apply to any arbitration between you and us.

Who pays the costs of arbitration? We will pay our share of any arbitration fees. If you are unable to pay your share of the costs of arbitration, your arbitration fees may be waived by the NAF or other arbitration service provider you have selected. If your properly submitted request to waive the arbitration fees is denied, or if the arbitration service you have selected does not have a waiver procedure, then we will, at your request, advance your share of the arbitration fees. If the arbitrator decides in your favor, then you will not have to reimburse us for your share of the arbitration fees. If the arbitrator decides in our favor, then you agree to reimburse us for the arbitration fees we have advanced on your behalf. However, you will not have to reimburse us for any more than the amount that could have been assessed as court costs if the Claim had been resolved by a state court with proper jurisdiction.

What law applies? This Arbitration Agreement is made pursuant to a transaction involving interstate commerce. It will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as amended ("FAA"). If for any reason an arbitrator or a court of competent jurisdiction finds that the FAA does not apply, then this Arbitration Agreement will be governed by the arbitration laws of the State of Utah, as amended.

Other Arbitration Terms. This Arbitration Agreement is an independent agreement, will survive the closing and repayment of any payday advance from us, and will be binding upon us, our successors and assigns, and you and your heirs and assigns. The validity, effect and enforceability of the prohibition against class arbitration as described above will be determined solely by a court of competent jurisdiction. All other matters will be decided by the arbitrator. If a Representative Claim is asserted and a court refuses to enforce the prohibition on class arbitration, then every portion of this Arbitration Agreement will be null and void, and neither you nor us will be required to arbitrate the Representative Claim.

Exception to Arbitration - Small Claims. You and we each may bring a Claim in small claims court. You and we need not submit Claims to arbitration prior to submitting them to small claims court. All Claims that cannot be heard or resolved in small claims court (and all appeals from a judgment by a small claims court) must be resolved in accordance with the Arbitration Agreement above.

NOTICES ABOUT ARBITRATION:
BY USING THE CARD:

YOU WILL NOT BE ABLE TO HAVE A TRIAL BY JURY TO RESOLVE ANY CLAIM AGAINST US OR RELATED THIRD PARTIES.

YOU WILL NOT BE ABLE TO HAVE A COURT, OTHER THAN A SMALL CLAIMS COURT, RESOLVE ANY CLAIM AGAINST US OR RELATED THIRD PARTIES.

YOU WILL NOT BE ABLE TO BRING, JOIN OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS ARBITRATION AGAINST US OR RELATED THIRD PARTIES.