TERMS AND CONDITIONS OF THIS AGREEMENT

eData Financial Group LLC

All fees assessed by us are deducted from the available balance on your BeeCard Digital Card.

NO REFUNDS FOR BEECARD DIGITAL CARDS PURCHASED WITH CASH.

There are no overdraft or credit features associated with the BeeCard Digital Card.

There is no cash access available through the BeeCard Digital Card.

Contact Customer Service by calling 888-395-9554, by mail at EData Financial Group, LLC, Boca Raton, FL 33498 USA, or by visiting https://BeeCards.com

Complete your Level 2 registration process with us for FDIC insurance eligibility and other protections. Funds in your BeeCard account are held at an FDIC insured institution. Your funds will be held at or transferred to EDataiBank Commercial Bank, an FDIC-insured institution. While there, your funds are insured up to $250,000 by the FDIC in the event EDataiBank Commercial Bank fails if specific deposit insurance requirements are met and your card is registered. See fdic.gov/deposit/deposits/prepaid.html for details. FDIC insurance does not protect your funds in the event of EData Financial Group LLC's failure or from the risk of theft or fraud.

For general information about prepaid accounts, visit cfpb.gov/prepaid. If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.

Last Updated: March 14, 2023

BeeCard Account Agreement

IMPORTANT NOTICES:

A.    Please read this Agreement carefully. It applies to a virtual prepaid account (“BeeCard" or "BeeCard digital card”) issued by EDataiBank Commercial Bank (“EDataiBank Bank,” “we,” “our,” or “us”) to you (“You,” “Your” or “User”) that can be loaded with funds when you load a BeeCard digital card. If you do not agree to these terms and the policies and related documents referred to in this Agreement, do not use the BeeCard Account or purchase BeeCard digital cards.

B.    This Agreement contains an Arbitration clause requiring all claims to be resolved by way of binding arbitration. See the “Arbitration Provision” below.

C.    The complete list of all fees for this BeeCard Account, also known as the “Long Form Fee Schedule,” is attached to this Agreement and is hereby incorporated into, and considered part of, this Agreement.

D.    Not FDIC insured unless you follow the requirements set forth in the Agreement. See “About Your BeeCard Account and BeeCard digital card” below.

E.    No overdraft/credit feature is provided with the BeeCard digital card.

F.    For general information about prepaid accounts visit cfpb.gov/prepaid.

This document is an agreement (“Agreement”) containing the terms and conditions that apply to the applies to Your use of the BeeCard services, including the online account associated with the BeeCard digital card that a User creates by registering on the Website (the “BeeCard Account”), any BeeCard digital card and any other access devices that may be issued in connection with Your BeeCard Account to access Your funds through the Website (collectively, the “Services”). The Services are provided to you by EDataiBank Commercial Bank (Member FDIC). “EDataiBank Commercial Bank” and “EDataiBank” are registered trademarks of EDataiBank Commercial Bank © 2022. By accepting and/or using the Services, you agree to be bound by the terms and conditions contained in this Agreement. “You” and “your” means the person or persons who use the Services and who are authorized to use the Services as provided for in this Agreement. “We,” “us,” “our,” and “Bank” mean EDataiBank Commercial Bank, together with its successors and assigns. “Program Manager” or “EData Financial Group” means EData Financial Group LLC, together with its successors and assigns.

Your use of the Services means that You have read and agree with the terms and conditions in this Agreement, all Policies referred to in this Agreement, including the EData Financial Group Privacy Policy, the Acceptable Use Policy, and the Electronic Communications Policy, and all other terms and conditions that we publish from time to time specific to the Services that You use (collectively, “Additional Terms”). If you do not agree to these terms and the published fees for the Services, do not use the Services. Please note: underlined words and phrases are links to other pages on the Website.

We may amend this Agreement, the Additional Terms and any of our Policies from time to time and the amended version will be effective as of the date of posting on our Website, unless we tell you otherwise. By continuing to use our Services after any changes are effective, you agree to be bound by those changes. If you do not agree with any changes, you must close your BeeCard Account.

1.   ABOUT YOUR BEECARD ACCOUNT AND BEECARD DIGITAL CARDS

The BeeCard Account is not an e-wallet, staged digital wallet, or financial account. It is a digital vault where we securely store your BeeCard digital cards and where you go to see the BeeCard digital cards you have purchased, purchase more BeeCard digital cards, contact customer service, and view your transaction history.

Your BeeCard Account and BeeCard digital cards do not constitute a checking or savings account. Your BeeCard digital card is a prepaid access account and prepaid access device represented by a 13-20 digit number (the "PIN") and an expiration date, rather than a physical card. BeeCard allows you to buy goods and services at any merchant where BeeCard is accepted (each, a “Participating Merchant”). When you use BeeCard, the legal effect will be the same as if you had used a physical card. BeeCard is intended for personal, family, or household use and not intended for business purposes. BeeCard is not a gift card, nor is it intended to be used for gifting purposes. BeeCard is not a credit card. BeeCard funds will be held at a depository institution in the U.S. where we hold accounts. Your funds are not protected by FDIC insurance until you are fully registered with us at Level 2, so if the depository institution fails, you could lose some or all of your money until that registration happens. You will not receive any interest on BeeCard funds. We may close Your BeeCard Account or refuse to process any transaction that we believe may violate the terms of this Agreement or represents illegal or fraudulent activity. You are responsible for notifying us immediately upon any change to your address, phone number, or email address. If your address changes to a non-US address, we may cancel Your BeeCard Account and return funds to you in accordance with this Agreement.

2.   OPENING YOUR BEECARD ACCOUNT

1.    Important information for purchasing BeeCard and opening a BeeCard Account: To help the federal government fight the funding of terrorism and money laundering activities, the USA PATRIOT Act requires us to obtain, verify, and record information that identifies each person who purchases BeeCard above a certain amount.

2.    What this means for You: When You purchase BeeCard or attempt to create a BeeCard Account, we will ask for Your name, physical address, Social Security Number or tax ID number, date of birth, and other information that will allow us to reasonable identify You and verify Your identity (“Registration”). We also may ask to see a copy of a non-expired government-issued photo identification document (such as a driver’s license or passport) or other documents at any time. You authorize us, directly or through third parties, to make any inquiries we consider necessary or appropriate to validate Your Registration. This may include verifying the information you provide against third party databases. If we are not able to verify your identity at the time that you request a BeeCard Account, we will not open a BeeCard Account for You. By participating in the Services, you agree that the information and statements you provide to us are accurate, including, but not limited to, your real name, valid U.S. mailing address and physical residential address (if different), social security number or other identification documentation, date of birth, and telephone number. If you fail to provide accurate information that we request, we may cancel your participation in the Services. In addition, funds tied to suspected illicit or illegal activity may be subject to both internal and potentially federal investigation. We reserve the right to restrict or delay your access to any such funds.

3.    Eligibility and Activation: To be eligible to use and activate the BeeCard Account, You represent and warrant to us that: (I) You are an individual who can form a legally binding contract under applicable law (at least 18 years of age or 21 years of age depending on the jurisdiction); (ii) the personal information that You have provided to us is true, correct and complete; (iii) You have read this Agreement and agree to be bound by and comply with its terms. Your BeeCard Account is considered active upon completion of Registration verification. Active BeeCard Accounts will be categorized into Levels (1, 2, 3, and 4) depending on the documentation provided and verifications we complete during Registration or as you use your BeeCard Account and purchase BeeCard. See "Limitations on Frequency and Dollar Amount of Transactions" for more information on these Levels.

3.   USING BEECARD

1.    You can use BeeCard to: (1) make purchases of goods and services from Participating Merchants, and (2) make other payment transactions that we permit from time to time. Limits on the availability of these features can be found in the “Limits” table below. Some Services may require you to agree to Additional Terms and sign-up for the Service. When you do, those Additional Terms will become a part of this Agreement and will be incorporated herein by reference. This Agreement and Additional Terms for all of EData Financial Group’s Services are posted on our Website.

2.    You CANNOT use BeeCard to: (I) perform any illegal transactions; (ii) purchase goods or services from anyone other than a Participating Merchant; or (iii) exceed the available funds credited to Your BeeCard digital card through an individual transaction or a series of transactions. Nevertheless, if you use BeeCard for a transaction that exceeds the balance of the funds credited to Your BeeCard digital card, you will remain fully liable to us for the amount of the transaction and agree to pay us promptly for the negative balance. If Your BeeCard Account shows a negative balance, any future purchases of BeeCard will be used to offset the negative balance.

3.    Loading BeeCard: You may load BeeCard using: a qualified debit or credit card that is linked to Your BeeCard Account, a real-time open banking transfer from a participating bank, an ACH or wire transfer from your bank, or a cash load from a participating VanillaDirect Load network location (subject to VanillaDirect terms and conditions). See below for limitations on amount and frequency for different load methods, and the “Long Form Fee Schedule” attached to this Agreement for the fees that apply to different funding sources. We will reject any purchases of BeeCard if the total load would exceed the maximum balance allowed on Your Registration profile. Each BeeCard purchase request is your valid authorization for us to deduct the amount specified in your request directly from the designated source of funding that you identified in your request. The amount to be withdrawn will be displayed and authorized by you prior to the completion of the withdrawal transaction. This transaction may be re-presented to the financial institution either electronically or by paper. We reserve the right to cancel any orders for BeeCard that we regard as suspicious or fraudulent.

4.    Linking and Unlinking a Payment Card or Financial Account to Your BeeCard Account: You can link or unlink a debit card or credit card held in your name (each a “linked payment card”) or a verified financial account such as a bank account (a “linked financial account”) to Your BeeCard Account to load BeeCard. Please keep your linked payment card information (e.g. credit card number and expiration date) and linked financial account information (e.g. account number, bank routing number, public addresses) that you have on file with us current. If this information changes, we may update it using information and third-party sources available to us without any action on your part. If you do not want us to update the information that you have on file with us, you may remove your linked payment cards and linked financial accounts from Your BeeCard Account. If you link a credit card to Your BeeCard Account, You authorize us to charge that credit card for the amount of any BeeCard purchase you make.

5.    Using BeeCard to Purchase Goods. You can use BeeCard to purchase goods and services by typing your PIN into the checkout page of the Participating Merchant from whom you are purchasing goods or services. Every purchase at a Participating Merchant is subject to the Participating Merchant’s own terms and conditions, including policies setting out the Participating Merchant’s terms and conditions for return of goods and refund of the purchase price. Be sure that you understand the Participating Merchant’s terms, conditions, and policies, before you make a purchase using BeeCard at that Participating Merchant.

6.    Expiration. Each BeeCard digital card expires 60 days after the date of purchase. Bundled BeeCard digital cards expire 60 days from bundle creation. When the BeeCard digital card expires, you will no longer be able to use it to purchase goods or services. If Your BeeCard digital card has a balance when it expires, we will issue a new digital card to you in the amount of the remaining balance.

7.    Refunds. Except with respect to purchases made using cash as noted below, we will refund any unused BeeCard digital card, minus the applicable Activation Fee, and the funds on your BeeCard digital card will be refunded to the payment instrument You originally used to purchase the BeeCard digital card; provided, however that if we are unable to refund the remaining balance to that original payment instrument, then we will attempt to refund the remaining balance to you in accordance with our Escheatment Policy and applicable law. The following are not eligible for refunds and all sales are final: BeeCard loaded through any third-party cash load network, such as the VanillaDirect Load network.

8.    Partial Use/Bundled digital cards: When You attempt to pay a Participating Merchant with BeeCard where the purchase price is less than the total amount remaining on your BeeCard digital card (a “partial use”), we will cancel the partially used digital card and issue You a new one in an amount equal to the balance remaining on the first digital card after the transaction in which the digital card was only partially used. You also may request that we issue a bundled BeeCard digital card representing the combined balance remaining on two or more of Your issued, non-expired, BeeCard digital card (a “Bundled digital card”) in exchange for cancellation of the individual BeeCard digital cards; provided, however, that we may restrict your right to bundle certain BeeCard digital cards based on the type of Participating Merchant where the digital card will be used. There is no fee for a Bundled digital card.

9.    Limitations on Frequency and Dollar Amount of Transactions: We will establish purchasing limits for Your BeeCard Account and associated BeeCard digital cards based on the identity verification and authentication information that You provide to us and our ability to fully validate that information. We may complete additional verifications as you use BeeCard and will increase your purchasing and spending limits at our sole discretion. We may require additional identification verification documents at any time. Some of these limitations are provided below, and others are presented to you upon checkout when purchasing BeeCard.

10.  Purchasing Limits and Required Information.

                  i.        To create a BeeCard account through the Website and purchase up to $1,000 of BeeCard digital cards a day, we will ask you to provide us with your full legal name, date of birth, phone number, verified email address, and physical residential address (not a P.O. Box, although Army Post Office or Fleet Post Office box numbers are acceptable).

                 ii.        If you want to purchase more than $1,000 in BeeCard digital cards, or receive a pay out from a Participating Merchant, then we will require that you also provide us with your taxpayer identification number (i.e.; Social Security Number, EIN, ITIN). Non-U.S. persons will be also required to provide one or more of the following: a taxpayer identification number; passport number and country of issuance; alien identification card number; or number and country of issuance of any other government-issued document evidencing nationality or residence and bearing a photograph or similar safeguard. We may also use third parties to help verify your identity.

                iii.        When using the VanillaDirect Load network there are additional limits on loading funds. These limits are: $1,000 per load, $2,500 per day, and $10,000 per month. These limits are in addition to EData Financial Group Level limits and the lower limit will supersede the higher limit.

                iv.        For fraud, risk, and security measures, we may, at any time, also ask you for additional identifying information, such as proof of your address (e.g., a utility bill), a copy of a non-expired government-issued photo ID, a voided check, a bank statement, or other such documents.

11.  Split Transactions: If You do not have enough funds available to make a purchase at a Participating Merchant, You may be able to instruct the Participating Merchant to charge a part of the purchase to BeeCard and pay the remaining amount with another form of payment. These are called “split transactions.” Whether you can perform a split transaction using BeeCard is up to the Participating Merchant.

12.  Merchant Category Selection. Due to requirements from payment networks and other third parties, we may ask you to declare, at the time of purchase of a BeeCard digital card, your intent to use BeeCard for certain merchant categories. Once you make that declaration, you cannot use that particular BeeCard digital card with Participating Merchants in a different merchant category. For example, we may ask you if you intend to you use your BeeCard digital card for gaming/gambling/betting purposes. If you say no, but then try to later use that same digital card with a Participating Merchant in the gaming/gambling category, your transaction with that particular Participating Merchant will be rejected and that digital card will be subject to our refund policy.

13.  Payout and Withdrawal. If you hold funds in an account with select Participating Merchants, you may request that the Participating Merchant load those funds onto a BeeCard Payout Digital Card subject to the terms and conditions of the Participating Merchant. You may then (a) use that BeeCard Payout Digital Card to spend those funds anywhere BeeCard is accepted, or (b) withdraw those funds from the BeeCard Payout Digital Card into Your linked financial account.

4.   LOST OR STOLEN CREDENTIALS/UNAUTHORIZED TRANSFERS

1.    General: An “unauthorized transfer” out of Your BeeCard Account occurs when a transfer is made without your knowledge, authorization or permission and that did not benefit you. For example, if someone steals Your BeeCard Account password or login credentials and Your BeeCard PIN, uses the account password and login credentials to access Your BeeCard Account and makes a purchase at a Participating Merchant using Your BeeCard digital card, or sends a payment from Your BeeCard Account, an unauthorized transfer has occurred. If you give someone access to Your BeeCard Account login information and they use Your BeeCard Account without Your knowledge or permission, their transactions are not “unauthorized transfers.” Similarly, if you give someone access to Your BeeCard PIN and other information and they use Your BeeCard digital card without your knowledge or permission, their transactions are not “unauthorized transfers.” You are responsible for transactions made in these situations.

It is your responsibility to keep Your BeeCard Account password and login information and Your BeeCard PINs safe, secure and secret from other people at all times. BeeCard purchase receipts with PIN information are sent to the e-mail address that you have on file with us. Therefore, you also must keep your e-mail account secure and restrict other persons from accessing your e-mail. You acknowledge that EData Financial Group is not obligated to verify that the person presenting a BeeCard digital card is the Holder of the BeeCard digital card and authorized to use it.

2.    Contact in Event of Unauthorized Transfer or Lost/Stolen Credentials: Tell us AT ONCE if You believe Your online login credentials for Your BeeCard Account, PIN, or other account information has been lost or stolen, or that an electronic funds transfer through Your BeeCard Account has been made without Your permission, or that a purchase with Your BeeCard digital card has been made without Your permission. Calling Customer Service at 888-395-9554 is the best way of keeping your possible losses down. You could lose all the money credited to Your BeeCard digital card(s).

3.    Your Liability for Unauthorized Transfers: If You tell us within 2 Business Days after You learn of the loss or theft of Your online login credentials for Your BeeCard Account, or Your PIN or other account information, You can lose no more than $50 if someone used Your BeeCard Account or BeeCard digital card without Your permission. If You do NOT tell us within 2 Business Days after You learn of the loss or theft of Your online login credentials for Your BeeCard Account, or Your PIN or other account information, and we can prove we could have stopped someone from using Your BeeCard Account and/or Your PIN, as applicable, without Your permission if You had told us, You could lose as much as $500.

WE MUST ALLOW YOU TO REPORT AN ERROR OR UNAUTHORIZED TRANSFER FROM YOUR BEECARD ACCOUNT UNTIL 60 DAYS AFTER THE EARLIER OF THE DATE (I) YOU ELECTRONICALLY ACCESSED YOUR BEECARD ACCOUNT BY USING BEECARD OR OTHERWISE (IF THE UNAUTHORIZED TRANSFER COULD BE VIEWED IN YOUR ELECTRONIC HISTORY), OR (ii) WE SENT THE FIRST WRITTEN HISTORY ON WHICH THE UNAUTHORIZED TRANSFER APPEARED. IF YOU DO NOT TELL US WITHIN THIS TIME PERIOD, 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 NOTIFIED US IN TIME. IF A GOOD REASON (SUCH AS A LONG TRIP OR A HOSPITAL STAY) KEPT YOU FROM TELLING US, WE WILL EXTEND THE TIME PERIODS FOR A REASONABLE PERIOD.

We may, at our discretion, investigate a notice of error or unauthorized transfer from Your BeeCard Account that is provided up to 120 days from the date that the transaction in question was posted to Your BeeCard Account (as evidenced by e-mail receipt of the transaction or Your electronic account history of transactions).

4.    Contact: If You believe Your online login credentials for Your BeeCard Account, PIN, or other account information has been lost or stolen, or that an electronic funds transfer out of Your BeeCard Account has been made without Your permission, or that a purchase using Your BeeCard digital card has been made without Your permission, call EData Financial Group Customer Service at 888-395-9554 or write EData Financial Group, LLC, attention: Customer Service, at Boca Raton, FL 33498 USA.

5.    Business Days: For purposes of this Agreement, our “Business Days” are Monday through Friday, excluding Federal holidays. Customer Service hours may differ.

5.   INFORMATION ABOUT YOUR RIGHT TO DISPUTE ERRORS AND ASK FOR INFORMATION

1.    Covered Errors and Inquiries: An “Error” covered by this Section includes the following types of mistakes and inquiries:

                  i.        When money is either incorrectly taken from the payment credentials tied to Your BeeCard Account or incorrectly credited to the payment credentials tied to Your BeeCard Account, or when a transaction made with Your BeeCard digital card is incorrectly recorded in Your BeeCard Account.

                 ii.        A transaction made with Your BeeCard digital card is missing from or not properly identified in account records related to Your BeeCard Account.

                iii.        We make a computational or mathematical error related to the value of the BeeCard digital cards in Your BeeCard Account.

                iv.        You request receipts or history of account transaction documents that we are required to provide to you.

                 v.        You request additional information or clarification concerning a transfer to or from the payment credentials tied to Your BeeCard Account, including a request you make to determine whether an error has occurred.

                vi.        You inquire about the status of a pending transfer to or from the payment credentials tied to Your BeeCard Account.

What is not considered an "Error?"

The following are NOT considered “Errors” or Inquiries covered by this Section:

               vii.        If you give someone access to Your BeeCard Account (for example, by giving them your password or other login information) and they use Your BeeCard Account without Your knowledge or permission. You are responsible for transactions made in this situation.

              viii.        If you give someone access to Your BeeCard digital card (for example, by giving them Your PIN or other information) and they use Your BeeCard digital card without your knowledge or permission. You are responsible for transactions made in this situation.

                ix.        Routine inquiries about the balance of any BeeCard digital card held in Your BeeCard Account.

                 x.        Requests for duplicate documentation or other information for tax or other record keeping purposes.

2.    In Case of Errors or Questions about Your BeeCard Account: Call EData Financial Group Customer Service at 888-395-9554 or write to us at EData Financial Group, LLC, Attention Customer Service, Boca Raton, FL 33498 USA or email us at support@Beecards.com as soon as You can, if You think an Error (as defined in paragraph 5 (a)) has occurred. We must allow you to report an Error until 60 days after the earlier of the date you electronically access Your BeeCard 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. In any case, we may limit our investigation of alleged Errors to those that you report to us within 120 days after the transaction was posted to Your BeeCard Account. You may request a written history of your transactions at any time by calling EData Financial Group Customer Service at 888-395-9554 or writing to us at EData Financial Group, LLC, and attention: Customer Service, Boca Raton, FL 33498 USA. You will need to tell us: (1) Your name and BeeCard Account number, (2) why you believe there is an Error, and the dollar amount involved, and (3) approximately when the Error took place.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

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 provisionally credit Your BeeCard digital card within 10 Business Days for the amount you think is in Error, so that you will have the money during the time it takes us to complete our investigation. 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 provisionally credit Your BeeCard Account.

For Errors involving transactions to BeeCard digital cards held in Your BeeCard Account within 30 days after the BeeCard digital card is first loaded with funds (“new accounts”), or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 Business Days to provisionally credit Your BeeCard Account for the amount you think is in Error.

We will tell you the results within 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. If you need more information about our error-resolution procedures, call Customer Service at 888-395-9554.

6.   CONFIDENTIALITY

Your trust is important to us and we are committed to protecting the privacy and security of your personal information and transaction information about where you use BeeCard and what you purchase. Please see our Privacy Policy for information about how we collect, use, process, and in limited circumstances, may disclose your personal information. Please note that we may disclose information to third parties about Your BeeCard Account or the BeeCard transactions that You make: (I) Where it is necessary for completing transactions; (ii) In order to verify the existence and condition of Your BeeCard Account or BeeCard digital card for a third party, such as a Participating Merchant; (iii) In order to comply with government agency or court orders, or other legal requirements; (iv) If You give us Your written permission; (v) To our and the Program manager’s employees, auditors, affiliates, service providers, or attorneys as needed; or (vi) As otherwise necessary to fulfill our obligations under this Agreement.

7.   DOCUMENTATION

1.    Receipts: We will send a receipt to the e-mail address that you have on file with us whenever you purchase a BeeCard Digital Card from the Website. We will also send you an email confirmation whenever you use BeeCard to make a purchase from a Participating Merchant. You may need a receipt in order to verify a transaction with us or the Participating Merchant.

2.    Account History and Balance Information: You may obtain information about Your BeeCard Account balance by calling Customer Service at 888-395-9554. This information, along with a 12–month history of Your BeeCard Account and BeeCard transactions, is also available on the Website. You also have the right to obtain at least 24 months of written history of Your BeeCard Account and BeeCard transactions by calling Customer Service at 888-395-9554 or by writing to us at EData Financial Group, LLC, Attention: Customer Service, Boca Raton, FL 33498 USA.

8.   TRANSACTIONS MADE WITH BEECARD

1.    Returns and Refunds: We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with BeeCard. If you have purchased goods or services with BeeCard and are entitled to a refund for any reason, the return of goods and refund will be handled by us in coordination with the Participating Merchant. Return of goods is subject to the Participating Merchant’s policies. We will issue you a new BeeCard digital card in the amount of the return following your return of goods to the Participating Merchant and the Participating Merchant's posting of the refund to our system. However, please note that we have no control over when a Participating Merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs.

Refunds of the unused portions of unexpired BeeCard digital cards will only be provided to the verified holder of the digital card and to the payment method used for purchase. We reserve the right to decline a refund request if you cannot prove that you are the Holder of the BeeCard digital card. You should retain proof of purchase, including the original receipt or Your PIN in electronic form, as transmitted to you when the digital card was issued.

2.    Our liability for failure to complete transactions: If we do not complete a purchase transaction that you authorize with a Participating Merchant using BeeCard in the correct amount according to our Agreement with You, we will be liable for your direct financial loss directly caused by us. However, there are some exceptions. We will not be liable, for instance: (I) If, through no fault of ours, You do not have enough funds available in Your BeeCard Account/BeeCard digital card to complete the transaction; (ii) If a Participating Merchant refuses to accept Your BeeCard digital card; (iii) If we have temporarily or permanently invalidated Your BeeCard digital card due to reasonable suspicion of unauthorized use for trade purposes or suspicious activity related to fraudulent or illegal use; (iv) our BeeCard system is temporarily unavailable due to periodic maintenance or upgrade; (v) If access to Your BeeCard Account and/or Your BeeCard digital card has been blocked after You reported the login credentials for Your BeeCard Account or PIN has been lost or stolen or there has been other unauthorized access reported; (vi) If there is a hold or Your funds are subject to legal process or other encumbrance restricting their use; (vii) If we have reason to believe the requested transaction is unauthorized; (viii) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or (ix) For any other exception stated in our Agreement with You. In no event shall we be responsible for indirect, special, consequential, or third party damages.

3.    Authorization Holds: With certain types of purchases the Participating Merchant place a “hold” on your available funds until the Participating Merchant sends us the final payment amount of your purchase. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds.

9.   COMMUNICATIONS

1.    General:

                  i.        You agree that we, and our affiliates, agents, and contractors may listen to, monitor, and record telephone calls between you and us or them without additional notice to you.

                 ii.        You further agree that, if we need to contact you to service you’re BeeCard Account, BeeCard digital card, or to collect amounts you owe to us, you authorize us, and our affiliates, agents and contractors, to contact you at any number you have provided to us. You agree that we may contact you in any way, such as calling, texting or email; we may contact you using an automated dialer or using pre-recorded messages; we may contact you on a mobile, wireless, or similar device, even if you are charged for it by your provider. If you provide us with your mobile or wireless phone number, you agree that we or our affiliates or contractors may contact you at that number or numbers using an automated dialer or using pre-recorded messages to service Your BeeCard Account, BeeCard digital card or other Services, investigate or prevent fraud, or collect a debt.

                iii.        You also agree that we, and our affiliates, agents and contractors, may use other medium, as permitted by law and including, but not limited to, mail and email, to contact you about Your BeeCard Account, BeeCard digital card or the Services.

2.    Text Messages: By requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages (“Opting In”) or using a Service in which EData Financial Group sends (or indicates that it may send, or receives a request that it send) one or more text messages (“Text Message Service”), You accept these terms for text messaging (“SMS Terms”). Message and data rates may apply.

EData Financial Group will use reasonable commercial efforts to deliver the automated marketing text messages to the number you provide through compatible wireless carriers. Carriers and EData Financial Group are not liable for delayed or undelivered messages. The short code we use for some Text Message Services may not be supported on all U.S. carriers.

Opting In
By Opting In to a Text Message Service:

·         You expressly authorize EData Financial Group to use autodialed or non-autodialer technology to send text messages to the cell phone number associated with Your Opt-In (i.e., the number listed on the Opt-In form or instructions, or, if none, the number on file for Your BeeCard Account). You also authorize EData Financial Group to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of purchase.

·         You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.

·         You consent to the use of an electronic record to document Your Opt-In. To withdraw that consent, update our records with your contact information, please visit Your BeeCard Account Notifications settings or contact Customer Support using the information provided at Contact Us Section below. If you withdraw your consent, certain features of our Services may not be available to you.

·         These SMS Terms still will apply if you withdraw the consent mentioned above or opt out of the Text Message Service.

About the Text Message Services and Opting Out
EData Financial Group may terminate any Text Message Service or Your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these SMS Terms still will apply. Text STOP to any promotional message to Opt Out or, if applicable, update Your “Notification” settings on Your BeeCard Account.

For additional help, text HELP in response to a marketing message or contact Customer Service.

3.    Electronic Communications: You agree that this Agreement constitutes "a writing signed by you" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding Your BeeCard Account, BeeCard digital card and/or Your use of the Service ("Communications"), may be provided to You electronically and You agree to receive all Communications from us in electronic form as described in our Electronic Communications Policy and E-Sign. Acceptance of this Agreement also serves as your agreement to our Electronic Communications Policy and E-Sign Consent. Electronic Communications may be posted on the pages within the EData Financial Group website and/or delivered to your e-mail address.

4.    Notices: Except as explicitly stated otherwise, any notices by you to us shall be given by postal mail to EData Financial Group, LLC, and Attention: Customer Service, Boca Raton, FL 33498 USA 1. Notices shall be deemed received by us three (3) Business Days after Your mail it. We may communicate with you about Your BeeCard Account, BeeCard digital card and the Services electronically as described in our Electronic Communications Policy and E-Sign. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website or email it to you. Alternatively, we may give you notice by mail to the address that you provided to us when you opened and registered Your BeeCard Account (or an updated postal address, if you provide one to us). In such case, notice shall be deemed given three (3) Business Days after the date of mailing.

10.       ADDITIONAL TERMS AND CONDITIONS OF THIS AGREEMENT

1.    Authorized Users: You are not permitted to transfer Your BeeCard digital card to another person or to give another person permission to use Your BeeCard Account or BeeCard digital card. If You allow another person to use Your BeeCard Account and/or BeeCard digital card, You will be responsible under this Agreement for all transactions made by that person, regardless of whether You intended to be responsible for all of them, as well as all associated fees and charges, even if any of those transactions, fees or charges caused Your balance to go negative.

2.    Account Closure: You may close Your BeeCard Account at any time by contacting Customer Service using the contact information at the beginning of this Agreement. Your request for BeeCard Account closure will not affect any of our rights or your obligations arising under this Agreement prior to the request. Should Your BeeCard Account be closed, we will issue you a credit for any unpaid balances, subject to our right to continue to hold funds for a period of time to protect against the risk of withdrawals, reversals or other liabilities and risks. We reserve the right to close Your BeeCard Account should you complete or attempt to complete any of transactions prohibited by law, our Policies or this Agreement.

If an investigation is pending at the time you request closure of Your BeeCard Account, we may continue to hold your funds for up to 180 days to protect against the risk of reversals or other liabilities and risks. If you are later determined to be entitled to some or all of the funds in dispute, we will release those funds to you.

3.    Dormant Accounts: If You do not log in to Your BeeCard Account or make a purchase using BeeCard for two or more years, EData Financial Group may close Your BeeCard Account and terminate any outstanding BeeCard digital cards and send any remaining balance credited to Your account to the primary address that we have on file for You, or, if required by law, escheat (send) the balance to Your state of residency. We will follow applicable law regarding abandoned accounts and the escheat process, including making reasonable efforts to contact you prior to escheating funds to the applicable state. If you would like to claim any escheated funds from the applicable state, contact the applicable state’s unclaimed property administrator. We may also charge you an inactivity fee beginning after 12 months of dormancy or inactivity as set forth in the fee schedule of this Agreement.

4.    Your Information and Restricted Activities:
"Your Information" means any information that you provide to us or other Users in the registration, payment process, or other features of our Service. You are solely responsible for the truth and accuracy of Your Information.

Restricted Activities:
Your Information and Your activities (including your payments and receipt of payments) through our Service shall not:

                   .        be false, inaccurate or misleading

                  i.        be fraudulent or involve the sale of counterfeit or stolen items

                 ii.        consist of providing Yourself a cash advance from Your credit card (or helping others to do so)

                iii.        violate EData Financial Group's Acceptable Use Policy

                iv.        infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy

                 v.        violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising)

                vi.        be defamatory, trade libelous, unlawfully threatening or unlawfully harassing

               vii.        be obscene or contain child pornography

              viii.        contain any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information

                ix.        Create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers.

If we believe that You have engaged in any of these activities, or if You use, or attempt to use Your BeeCard Account, BeeCard digital card or the Services for purposes other than transactions permitted under this Agreement and the Additional Terms, including but not limited to tampering, hacking, modifying, reverse engineering, decompiling, or otherwise corrupting the security or functionality of the Services, we may take a number of actions to protect EData Financial Group, its customers and others in our sole discretion. These actions may include: closing or suspending Your BeeCard Account and BeeCard digital cards and you will be subject to payment of all damages, including attorneys’ fees and other penalties suffered by EData Financial Group or third parties as a result of Your acts, and You may face criminal prosecution where available; withholding the balance credited to Your BeeCard Account; and exercising any other remedies provided for in this Agreement, any Additional Terms, or otherwise permitted by law.

5.    Trademarks: BeeCard, and all related logos, products and Services described in this website are either trademarks or registered trademarks of EData Financial Group, LLC, or its affiliate, and may not be copied, imitated or used, in whole or in part, without the prior written permission of EData Financial Group. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of EData Financial Group and may not be copied, imitated, or used, in whole or in part, without the prior written permission of EData Financial Group.

6.    Privacy: Protecting your privacy is very important to us.

Please review the EData Financial Group Privacy Policy in order to better understand the Program Manager’s commitment to maintaining your privacy, as well as Program Manager’s collection, use and disclosure of your information, and your related rights.

11.       OTHER LEGAL TERMS

0.    English Language Controls: Translations of this Agreement, any of our Policies and/or Additional Terms, that may have been provided are for your convenience only and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language.

1.    Assignability: You may not assign or transfer Your BeeCard Account, Your BeeCard digital cards, or your obligations under this Agreement. We may, however, transfer or assign our rights under this Agreement, including any balances in Your BeeCard Account. If we assign our rights, you will get a notification from us.

2.    Legal Process: Regardless of where or how we are served, we will comply with any state or federal legal process, including, without limitation, any writ of attachment, adverse claim, execution, garnishment, tax levy, restraining order, subpoena or warrant we believe to be valid relating to You or Your BeeCard Account or Your BeeCard digital card. You agree that we will have no liability to you for honoring any such legal process. You also agree that we will have no obligation to assert on your behalf any applicable exemptions to execution or attachment under any applicable state or federal law. We may refuse to permit withdrawals or transfers from Your BeeCard digital card(s) until such legal process is satisfied or dismissed, even if such action results in insufficient funds to satisfy an obligation you may have incurred. We may deduct such expenses from Your BeeCard digital card(s) or any other account you may have with us without prior notice to you, or we may bill you directly for such expenses and fees. You agree to release and indemnify, defend and hold us harmless from all actions, claims, liabilities, losses, costs and damages including, without limitation, attorneys’ fees, associated with our compliance with any legal process. When we receive an order instructing us to restrict access to funds credited to Your BeeCard Account, we may remove the funds from the account and maintain them separately.

3.    Release: In the event that You have a dispute with one or more Participating Merchants, You release and indemnify and hold US and EData Financial Group (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

4.    No Warranty: WE, OUR PARENT, AFFILIATES, AGENTS, CONTRACTORS, OFFICERS, DIRECTORS, AND EMPLOYEES PROVIDE THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, AFFILIATES, AGENTS, CONTRACTORS, DIRECTORS, AND EMPLOYEES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, and the issuance and use of BeeCard are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing an electronic payment transaction. The Services are largely dependent upon many factors outside of our control, such as for example, delays in the banking system.

5.    Limitation of Liability: IN NO EVENT SHALL WE, PROGRAM MANAGER, OUR PARENT, AFFILIATES, AGENTS, CONTRACTORS, OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR BEECARD ACCOUNT, BEECARD DIGITAL CARDS, OUR WEBSITE, THE SERVICES, THIS AGREEMENT OR ANY ADDITIONAL TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, AFFILIATES, AGENTS, CONTRACTORS, OFFICERS, DIRECTORS, AND EMPLOYEES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT AND PROVEN DAMAGES.

12.       INDEMNIFICATION

You agree to indemnify and hold Us , Program Manager, and each of our and EData Financial Group’s parents, affiliates, agents, contractors, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of actions related to Your BeeCard Account, Your BeeCard digital cards, our Website, mobile apps, and Your use of the Services and any breach by You of this Agreement, any of our Policies, or any Additional Terms or any documents incorporated herein by reference, or your violation of any law or the rights of a third party relating to Your use of Your BeeCard Account, BeeCard digital cards, or the Services.

13.       REMEDIES AND OUR RIGHT TO COLLECT FROM YOU

0.    Without limiting other remedies we may have at law or in equity, we may update inaccurate or incorrect information You provide to us, place a hold on funds held in your BeeCard Account and suspend Your right to make purchases with BeeCard, limit funding sources and payments, limit withdrawals, indefinitely suspend or close Your BeeCard Account and terminate Your BeeCard digital cards and refuse to provide our Services to You if:

                   .        You breach this Agreement, any applicable Additional Terms or Policies, or documents incorporated herein by reference;

                  i.        we are unable to verify or authenticate any information You provide to us;

                 ii.        we believe that Your BeeCard Account, BeeCard digital card, or activities pose a significant credit or fraud risk to us or others;

                iii.        we believe that Your actions or transactions in Your BeeCard Account, or purchases made with BeeCard, may cause financial loss or legal liability for You, our users or us;

                iv.        we suspect someone could be using Your BeeCard Account or BeeCard digital card without Your knowledge;

                 v.        Your use of Your BeeCard Account or a BeeCard digital card is deemed by EData Financial Group, a payment card network, payment processor, acquiring bank, or ACH processors to constitute abuse of applicable rules or policies or a violation of applicable laws or regulations; or

                vi.        Your account activity is otherwise limited due to applicable laws or regulations.

1.    In addition, we reserve the right to hold funds beyond the normal distribution periods for transactions it deems suspicious or for BeeCard Accounts through which high transaction volumes are conducted to ensure integrity of the funds. Additionally, to secure your performance of this Agreement and all obligations owed by you to us, you grant to us a lien on and security interest in Your BeeCard Account and BeeCard digital cards and all funds credited to Your BeeCard digital cards. In addition, you acknowledge that we may setoff amounts owed to you against any obligation you owe us at any time and for any reason. These obligations include both debts you owe individually or together with someone else. We may consider this Agreement as Your consent to our right to assert its security interest or exercise its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights and remedies we may have.

14.       SEVERABILITY; NO WAIVER

In the event that any part of this Agreement or any applicable Additional Terms or Policies are declared to be void or unenforceable, such provisions shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. No delay or forbearance in the strict observance of performance of any provisions of this Agreement, or any applicable Additional Terms or Policies, nor any failure to exercise a right or remedy hereunder or thereunder, shall be construed as a waiver of such performance, right, or remedy as the case may be. Neither this Agreement, nor the Additional Terms or Policies shall be deemed to limit any rights that we may have under trade secret, copyright, patent, or other laws.

15.       COMPLETE AGREEMENT; CONFLICTS

This Agreement, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and us regarding your use of Your BeeCard Account, BeeCard digital cards, and the Services. In the event of a conflict between this Agreement and the provision of any applicable Additional Terms or Policies, the provisions of this Agreement will prevail and control.

16.       ARBITRATION PROVISION

This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) shall be arbitrated instead of litigated in court upon the election of either party. You may reject this Arbitration Provision by sending us a written notice which gives your name, address, email address, and each Card number with a statement that you reject the Arbitration Provision. The rejection notice must be sent by certified mail, return receipt requested, to us at EData Financial Group Attn: Arbitration Rejection Notice Boca Raton, FL 33498 USA. A rejection notice must be signed by you and received by us within 45 days after the date you register for the Services under this Agreement. Rejection of arbitration will not affect any other term of this Agreement.

0.    As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us, or between you and EData Financial Group LLC as Program Manager for the BeeCard Digital Card, arising from or relating to the Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement or any of the foregoing. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims, claims based upon contract, tort, fraud and other intentional torts, consumer rights, statutes, regulations, ordinances, common law and equity, and claims which arose before the date of this Agreement. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (I) your Card, or the Cards of any additional cardholders designated by you; (ii) the amount of available funds on the Cards; (iii) advertisements, promotions or oral or written statements related to the Cards, or goods or services purchased with the Cards; (iv) the benefits and services related to the Cards; (v) data breach or privacy claims arising from or relating directly or indirectly to our disclosure of any non-public personal information about you; (vi) collection of any debt and the manner of collection; and (vii) your enrollment for any Card. We shall not elect to use arbitration under the Arbitration Provision for any individual Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court; any Claim that is appealed, transferred or removed from that court shall be subject to arbitration. Also, “Claim” does not include disputes about the validity, enforceability, coverage, or scope of this Arbitration Provision or any part thereof; all such disputes are for a court and not an arbitrator to decide. Notwithstanding the foregoing, the term “Claim” includes any dispute about the validity or enforceability of this Agreement as a whole; any such Claim is for the arbitrator, not a court, to decide. Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any Claim later asserted by a party in that or any related or unrelated lawsuit (including a Claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision. As solely used in this Arbitration Provision, the terms “we” and “us” shall for all purposes mean the Bank, the Program Manager, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Cards (including, but not limited to merchants who accept the Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or ”yours” shall mean all persons or entities approved by us to have and/or use a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional cardholders.

1.    Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (I) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 120 Broadway, Floor 21, New York, NY 10271; website at www.adr.org. If both JAMS and the AAA are unable to serve as administrator and we cannot agree on a replacement, a court with jurisdiction will appoint the administrator or arbitrator.

2.    Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY (INCLUDING EDATA FINANCIAL GROUP LLC AS PROGRAM MANAGER) WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR SHALL NOT CONDUCT A CLASS, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ARBITRATION. THE ARBITRATOR SHALL NOT JOIN OR CONSOLIDATE CLAIMS EXCEPT AS SET FORTH BELOW. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

3.    Restrictions on Arbitration: If either party (including EData Financial Group LLC as Program Manager) elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action or private attorney general basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. This section of this Arbitration Provision is the “Class Action Waiver.” (Special procedures apply to Claims that seek public injunctive relief, as set forth below).

4.    Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing, administrative and/or hearing fees for any individual Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.

5.    Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that this Arbitration Provision shall control if it is inconsistent with the applicable Code or with other provisions of this Agreement. The arbitrator will be selected under the administrator’s rules, except that the arbitrator must be a lawyer with experience in the subject matter of the Claim or a retired judge, unless you and we agree otherwise.

The arbitrator shall apply the applicable substantive law, consistent with the FAA that would apply if an individual matter had been brought in court. The arbitrator may award any damages or other relief of remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable, and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the administrator’s rules or applicable law. The arbitrator shall apply applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party (including EData Financial Group LLC as Program Manager) may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, if the amount in controversy exceeds, $50,000, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have 30 days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within 120 days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding except for any appeal rights under the FAA.

6.    No Preclusive Effect: No arbitration award involving the parties (including EData Financial Group LLC as Program Manager) will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision.

7.    Continuation and Severance: This Arbitration Provision shall survive cancellation, suspension, revocation or termination of your Card or this Agreement as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is held to be invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity except that: (A) If the Class Action Waiver is declared unenforceable in a proceeding between you and us with respect to a Claim that does not seek public injunctive relief, and that determination becomes final after all appeals have been exhausted, this entire Arbitration Provision (except for this sentence) shall be null and void in such proceeding; and (B) If a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver and/or elsewhere in this Arbitration Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim, and that determination becomes final after all appeals have been exhausted, the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a Claim for class-wide or public injunctive relief be arbitrated