1 This agreement (the “Agreement”) outlines the terms and conditions under which Equals Spend Business Prepaid Mastercard® Card has been issued to you by Metropolitan Commercial Bank (Member FDIC) pursuant to a license from Mastercard. “Metropolitan Commercial Bank” and “Metropolitan” are registered trademarks of Metropolitan Commercial Bank © 2014. By accepting and using this Card, you agree to be bound by the terms and conditions contained in this Agreement.
1.1 The “Program Manager” for the Equals Spend Business Prepaid Mastercard is Equals Money.
1.2 In this Agreement, "Card" means the Equals Spend Business Prepaid Mastercard issued to you by Metropolitan Commercial Bank.
1.3 "Account" means the records we maintain to account for the transactions made with your associated Card(s).
1.4 "You" and "your" means the Admin and any Members who are authorized to use the Card as provided for in this Agreement.
1.5 “Account Owner” means the business that qualified for and opened the Account and owns the funds in the Account. Account Owner must be an organization and may be an individual operating as a sole proprietorship, partnership, limited liability company, corporation, trust or other form of commercial entity authorized by applicable law. The owners or Members of the Account Owner must also personally guarantee and be personally liable for all transactions associated with the Card(s) and the Account. All such guarantees are unlimited and joint and several where Account Owner has multiple owners or principals.
1.6 “Admin” means the person is authorized by the Account Owner to open and close the Account and any Cards, add or remove Cardholders, obtain Account information, load the Account, transfer or allocate funds to Cards and to take all other administrative actions on behalf of the Account Owner in connection with the Account as contemplated by this Agreement.
1.7 “Cardholder” means any Member issued a Card at the request of the Administrator. Each Cardholder will be issued a Card linked to the Account Owner’s Account and subject to any restrictions or limitations established by the Administrator.
1.8 "Account" means the Account linked to each Card.
1.9 “Account Balance” means the money held on the platform available to load onto cards.
1.10 "We," "us," and "our" means Equals Spend as your Program Manager.
1.11 “Bank” means Metropolitan Commercial Bank, our successors, affiliates or assignees.
1.12 “UBO '' means Ultimate Beneficiary Owner.
1.13 The Card will remain the property of Metropolitan Commercial Bank and must be returned if requested. The Card is non transferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. Please read this Agreement carefully and keep it for future reference.
1.14 To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions and their third parties to obtain, verify, and record information that identifies each Account Owner or UBO. What this means for you: when you apply for an Equals Money account, we are required to verify any UBO of an organisation. If you falsify, misrepresent, or fail to provide requested information, we may cancel the entire application or any existing account and cards. 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, refuse or delay your access to any such funds.2 Administrators and members
2.1 Each Account will consist of at least one Admin and unlimited Members. The Admin must be an owner or principal of the Account Owner and an unlimited guarantor for all activities on the Account and cards. The Admin will also be authorized to make changes to the Account(s) associated with the Account Owner with or without the consent of any other Member. The Admin will be permitted to limit or restrict the activity on all Cards with or without the consent of any other Member and with written notice of such actions to Bank. The Admin will be able to make these changes through the website, Mobile App, or by contacting Equals Money directly. The Admin must notify us to revoke permission for any Member previously issued and authorized to use a Card. If an Admin notifies us to revoke a Members use of a Card, we will cancel the Card and transfer any remaining funds loaded on the canceled Card to the main Account.3 Your card
3.1 The cards are prepaid and made available to the Account Owner’s designated Cardholders. The Card(s) allows Cardholder(s) to access loaded funds. The funds loaded to your card will be FDIC-insured once we have been able to verify the Account Owner. You may access these funds by loading funds to your Account Balance by wire or ACH and then transferring these funds to the Card(s). The Card is not a credit card, gift card, nor is it intended for gifting purposes. You will not receive any interest on your funds on the Card. The funds in your card will not expire, regardless of the expiration date on the front of your Card. This Account is to be used solely for business purposes and may not be used for consumer or household purposes. By using the Card or providing the Card number to any person, you represent and warrant to us that use of the Card is solely for business purposes. As such because the Account is a business account and not for personal, family or household use, ACH Credit payments are not subject to the Electronic Funds Transfer Act.4 Fees
4.1 The fees relating to the use (and misuse) of your Card are set forth in the “Schedule of Fees and Charges (Schedule A” ATTACHED TO THIS AGREEMENT AND INCORPORATED HEREIN BY REFERENCE. FEES INCURRED PURSUANT TO THE TERMS OF THIS AGREEMENT) will be withdrawn from your Account and/or Card(s) and will be assessed so long as there is a remaining balance in your Account and/or Card(s), unless prohibited by law. You agree to pay all fees associated with the Card. We may from time to time amend the Fee Schedule, at our sole discretion and upon review and written approval by the Bank as set forth in the Section of this Agreement titled “Amendment and Cancellation.” If you request a service that is not included in this Schedule of Fees and Charges and there is a fee for such service, such fee will be disclosed at the time you request the service and you agree that any such fee may be deducted from your Account.5 Authorized users
5.1 If you permit another person to have access to your Card, you are liable for all transactions made with the Card, and all related fees incurred by those persons. If an admin wants to cancel a card, they must follow the instructions on our website, or call +1 833-295-3757
. If a card is lost, stolen or is in the name of a person who no longer requires a card, you are responsible and liable for all transactions and fees incurred by you or any other person. If you tell us to revoke (cancel) another person’s use of your Card, we may revoke (cancel) the Card and issue a new Card with different card details such as card number, CVV, expiry date, PIN etc. You are wholly responsible for the use of each Card according to the terms of this Agreement, subject to the section labeled “Lost or Stolen Cards/Unauthorized Transfers” below, and other applicable laws.6 Account use and purpose
6.1 Subject to the limitations set forth in this Agreement, you may use your Card or Card details to purchase goods or services wherever your Card is honored provided you do not exceed the value available to your card. Aggregate purchases should not exceed the limits set forth in Section 7 “Limitations on Frequency and Dollar Amounts of Transactions” of this Agreement. For fee information, see the “Schedule of Fees and Charges” attached to this Agreement. You agree not to use your Card for illegal gambling or any other illegal purpose. If any Cardholder is permitted to use the Card the Account Owner will be responsible for any transactions made and any fees incurred by the Cardholder even if the Cardholder exceeds the scope of the authority granted to such Cardholder by the Account Owner. If a transaction causes a Card to have a negative balance, we may deduct any negative balance amounts from the Account Balance or future funds on the Card or the Company Balance. Cardholders should only be persons the Account Owner trusts to honor its instructions and limitations. You will be provided with the Routing number, Account Number and your unique reference once your Account has been established to enable you to make payments to your Account Balance. The Bank routing number and your assigned Account Number are for the purpose of initiating credits to your Account Balance by wire payment or ACH debit.7 Limitations on frequency and dollar amounts of transactions
7.1 The total amount of purchases and cash withdrawals that you can perform in any single day is limited to the Transaction Limits set forth below. The following grid is provided in order to highlight the frequency and limitations of cardholder transactions in a single day
7.2 Maximum Account Balance amount: $2,000,000.00
7.3 Maximum Card Balance amount: $200,000.00
7.4 Maximum Cash Withdrawal amount per day: $3,000.00
8 Personal identification number
8.1 Only one PIN will be issued for each Card at any point in time. You can retrieve your Personal Identification Number (“PIN”) that you may use with your Card and change it at an ATM if preferred using the PIN services option. When you change your PIN at an enabled ATM, choose your new PIN carefully. Avoid selecting a PIN that can be compromised using other information about you, such as numbers from your date of birth. You will need a PIN to obtain cash at an ATM or to make a PIN purchase. Taking care of your Card and PIN is essential to help prevent fraud and protect your Equals Money account. Do not let anyone else use your Card, and do not tell anyone else your PIN, password or other security information Memorise your PIN, password and other security information. Never record your PIN or other security information. If you believe that anyone has gained unauthorized access to your PIN, you should advise the Program Manager immediately, following the procedures in the Section below titled “Your Liability for Unauthorized Transfers.” We will never ask you to tell us your PIN. If you are in any doubt whether a caller is genuine, or if you are suspicious about them, take their details and call us.9 Adding funds to your card
9.1 Administrators may add funds to your Card after you have submitted a load request. The maximum load amount is set forth in Section 7 “Limitations on Frequency and Dollar Amounts of Transactions” of this Agreement. The maximum value of funds on your card may not exceed the limits set forth in Section 7 “Limitations on Frequency and Dollar Amounts of Transactions” of this Agreement at any time.10 Using your card to get cash
10 Administrators may add funds to your Card after you have submitted a load request. The maximum load amount is set forth in Section 7 “Limitations on Frequency and Dollar Amounts of Transactions” of this Agreement. The maximum value of funds on your card may not exceed the limits set forth in Section 7 “Limitations on Frequency and Dollar Amounts of Transactions” of this Agreement at any time.
10.1 With a PIN, you may use your Card to (i) obtain cash or check your balance at any Automated Teller Machine (“ATM”) that bears the Mastercard® or STAR® brand. The maximum amount of cash you may withdraw at an ATM on a daily basis are shown in the limits set forth in Section 7 “Limitations on Frequency and Dollar Amounts of Transactions” of this Agreement as described in the Section above titled “Limitations on Frequency and Dollar Amounts of Transactions.” ATM operators may impose additional withdrawal limits. All ATM withdrawals will be charged in accordance with the accompanying “Schedule of Fees and Charges (Schedule A)”. In addition, when you use an ATM not owned by the Bank, 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).11 Split transactions
11.1 If you do not have enough value loaded on your Card you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another card. These are called “split transactions.” Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash. If you fail to inform the merchant that you would like to complete a split transaction before swiping your Card, your Card is likely to be declined.12 Transactions using your card number
12.1 If you initiate a transaction without presenting your Card (such as for a mail order, internet or telephone purchase), the legal effect will be the same as if you used the Card itself.13 Your obligation for negative balance transactions
13.1 Each time you initiate a Card transaction, you authorize the merchant to reduce the funds available in your Card balance by the amount of the transaction and all associated fees. You are not allowed to exceed the available amount in your Card balance through an individual transaction or a series of transactions (creating a “negative balance”). Nevertheless, if any transactions cause the balance in your Card to go negative, including any purchase transactions where the retailer or merchant does not request authorization, you shall remain fully liable to us for the amount of any negative balance and any corresponding transaction fees. We may deduct any negative balance amounts from any current or future funds on your Card or recoup such negative balance from any other Card we have issued on the Account or from the Account Balance. You agree to pay us promptly for the negative balance and any related fees. We also reserve the right to cancel your Card if you create one or more negative balances with your Card.14 Business days
14.1 Our business days are Monday through Friday, excluding federal and legal banking holidays in the State of New York.15 Authorization holds
15.1 You do not have the right to stop payment on any purchase transaction originated by use of your Card, other than a Recurring Transaction as described in the Section below titled “Recurring Transactions.” When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and the merchant may estimate its final value. When you use your Card to obtain cash at an ATM we will authorize the transaction in advance (including all applicable fees). When we authorize a purchase transaction, we commit to make the requested funds available when the transaction finally settles and the Bank will place a temporary hold on your Card’s funds for the amount indicated by the merchant. 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. Car rentals, hotels and other service‑oriented merchants may choose to factor in additional amounts upon check-in, and it may take up to 28 days after your stay or your rental to have any excess amounts held by the hotel or rental company added back to your available balance. Similarly, some gas stations may factor in additional amounts to cover potential filling of the tank; if you want to avoid such a hold, you may want to pay inside the gas station, instead of paying at the pump. Until the transaction finally settles, the funds subject to the hold will not be available to you for other purposes. We will only charge your Card for the correct amount of the final transaction, and we will release any excess amount when the transaction finally settles.
15.2 When you use your Card at certain restaurants and service-oriented merchants, there may be an additional 20% (or more) added to the authorization to cover any tip you may leave on the purchase. If this occurs, and your total bill, after adding in the additional 20% (or more), exceeds the amount available on your Card, your transactions may be declined. Accordingly, you should ensure that your Card has an available balance that is 20% (or more) greater than your total bill before using your Card.16 Recurring transactions
16.1 If you intend to use your Card for recurring transactions, you should monitor your balance and ensure you have funds available in your Account to cover the transactions. “Recurring transactions” are transactions that are authorized in advance by you to be charged to your Card at substantially regular intervals. We are not responsible if a recurring transaction is declined because you have not maintained a sufficient balance in your Account to cover the recurring transaction. If these recurring transactions may vary in amount, the person you are going to pay should tell you, ten (10) days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set). If you have authorized a merchant to make the recurring transaction, you also should contact the applicable merchant in order to stop the recurring transaction.17 Returns and refunds
17.1 If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds. The amounts credited to your Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.18 Card cancellation and suspension; limits
18.1 We reserve the right, in our sole discretion, to limit your use of the Card, including limiting or prohibiting specific types of transactions. We or the Bank may refuse to issue a Card, revoke Card privileges or cancel your Card with or without cause or notice, other than as required by applicable law. If you would like to cancel the use of your Card, you may do so by contacting us. You agree not to use or allow others to use an expired, revoked, canceled, suspended or otherwise invalid Card. Our cancellation of Card privileges will not otherwise affect your rights and obligations under this Agreement. If we cancel or suspend your Card privileges through no fault of yours, you will be entitled to a refund as provided below in the Section titled “Amendment and Cancellation.” Not all the services described in this Agreement are available to all persons or at all locations. We reserve the right to limit, at our sole discretion, the provision of any such services to any person or in any location. Any offer of a service in this Agreement shall be deemed void where prohibited. We or the Bank can waive or delay enforcement of any of our rights under this Agreement without losing them.19 International transaction fee
19.1 If you initiate a transaction in a currency other than the currency in which your Card was issued, the amount deducted from your Card balance will be converted by MasterCard into an amount in the currency of your Card. MasterCard will establish a currency conversion rate for this convenience using a rate selected by MasterCard from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate MasterCard itself receives. The fees relating to using the card internationally are set forth in the “Schedule of Fees and Charges.20 Receipts
20.1 You should get or request a receipt at the time you make a transaction or obtain cash using your Card. You agree to retain your receipts to verify your transactions.21 Obtaining balance and transaction information for your card; periodic statements alternative
21.1 You should keep track of the amount of funds available in your Account. You may obtain information about the amount of funds you have remaining in your Card or Account Balance by calling the number on the back of your Card. This information, along with a 12-month history of account transactions, is also available on-line through our customer self-service website shown on the back of the Card. You also have the right to obtain a 24-month written history of account transactions by calling the number on the back of your Card or +1 833-295-3757
, or by visiting www.equalsmoney.com22 Confidentiality
).23 Our liability for failure to complete transactions
23.1 In no event will we or the Bank be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages. We will not be liable, for instance: (1) if, through no fault of ours or of the Bank, you do not have enough funds available on your Card to complete the transaction; (2) if a merchant refuses to accept your Card (3) if an ATM where you are making a cash withdrawal does not have enough cash; (4) if an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction; (5) if access to your Card has been blocked after you reported your Card or Access Code lost or stolen; (6) if there is a hold or your funds are subject to legal process or other encumbrance restricting their use; (7) if we or the Bank have reason to believe the requested transaction is unauthorized; (8) if circumstances beyond our or the Bank’s control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we or the Bank have taken; or (9) for any other exception stated in our Agreement with you.24 In case of errors or questions about your account contact our team using the details shown on our C page
25 Lost or stolen cards/unauthorized transfers
25.1 If you believe your Card or Access Code(s) (“PIN”) has been lost or stolen block your card using our freeze option on your card account and contact our Customer Services team using the details on our online Contact Us
page. You should also contact us if you believe an electronic transfer has been made using the information from your Card or Access Code(s) (“PIN”) without your permission. We may not be able to assist you if you do not contact us within sixty (60) days of the unauthorized transactions.26 Your liability for unauthorized transfers
26.1 You agree to exercise reasonable control over your PIN(s) and password(s) and any other access code related to your Account and your Card. Tell us at once if you believe your Card or passwords has been lost or stolen. Also, if your transaction history shows transactions that you did not make with your Card or Card Number, tell us at once. You will be responsible for all authorized and unauthorized transactions made through the use of any Card, except as otherwise described in this Agreement. Cardholders will not have the benefit of any consumer law limiting liability with respect to the unauthorized use of a Card. This means liability for the unauthorized use of a Card could be greater than the liability in a consumer prepaid card transaction. You accept and agree to undertake the additional risk and greater measure of liability associated with the use of business purpose cards as described in the Agreement. Electronic transfers made to an account used for business purposes, regardless of account ownership, are not subject to the Electronic Funds Transfer Act and Regulation E. In the case of a discrepancy or questions about electronic transaction(s), contact us using the details displayed on our Contact Us
26.2 The following provisions of this Section apply to all Accounts: You will not be liable for unauthorized use that occurs after you notify us of the loss, theft or unauthorized use of your Card or Access Code(s), unless such subsequent unauthorized use resulted from your gross negligence or willful misconduct. You also agree to cooperate completely with us in attempts to recover funds from unauthorized users and to assist in their prosecution. We may issue replacement Card(s) orPIN(s), but only after you have provided such proof and security or indemnification as we may require. In addition, you acknowledge that we may have to deactivate your Card(s) and/or Account to prevent future losses. If you authorize another person to use your Card or Access Code(s) (PIN(s)), you agree that you will be liable for all transactions arising from the use of the Card or Access Code(s) (PIN(s)) by such person except as otherwise set forth in this Agreement. In all cases, our liability for an unauthorized transaction is limited to reimbursing you for the face amount of the unauthorized transaction and any corresponding fees, except as otherwise required by applicable law. A transaction is unauthorized if it is not initiated by you, you did not give permission to make the transaction and you do not benefit from the transaction in any way. Under Mastercard’s Zero Liability Policy, your liability for unauthorized transactions on your Card is $0.00 if you notify us promptly upon becoming aware of the loss or theft, and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. These provisions limiting your liability do not apply to debit transactions not processed by Mastercard or to unregistered cards.27 Other terms
27.1 Your Card and your obligations under this Agreement may not be assigned. We and/or the Bank may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We and the Bank do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement is determined to be invalid or unenforceable under any rule, law or regulation of any governmental agency, whether local, state or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement shall be governed by the law of the State of New York except to the extent preempted or governed by federal law.28 Amendment and cancellation
28.1 We or the Bank may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law before the effective date of the change. However, if the change is made for security purposes, we or the Bank can implement such change without prior notice. We or the Bank may cancel or suspend your Card or this Agreement at any time. You also may cancel this Agreement by email or on the phone. If you cancel your Card, you may zero out your Card balance before closing your Account. If your Card is canceled by us when your Card has a balance, we will return the balances to the source of funds for no charge. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement before termination.29 Telephone monitoring/recording
29.1 From time to time we or the Bank may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.30 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
30.1 Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us, or between you and Equals Money. Program Manager for the Equals Spend For Business Prepaid Mastercard® Card and/or the Bank or any of its agents or retailers, 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, including the validity, enforceability or scope of this Arbitration Provision or the Agreement. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. 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, goods or services purchased with the Cards; (iv) the benefits and services related to the Cards; and (v) your enrollment for any Card. We shall not elect to use arbitration under the Arbitration Provision for any 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 appeals from that court shall be pursued only in arbitration. As used in this Arbitration Provision, the terms “we” and “us” shall for all purposes mean 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.
30.2 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 335 Madison Avenue, New York, NY 10017; website at https://www.adr.org/index.php/
30.3 Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY 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, YOU WILL NOT 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 ARBITRATION OR A JOINT ARBITRATION 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.
30.4 Restrictions on Arbitration: If either party 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 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.
30.5 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 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.
30.6 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 (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and 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 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 request party, within fifteen (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 twenty (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, 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 thirty (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 one hundred twenty (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.
30.7 Continuation: This Arbitration Provision shall survive termination of your Card 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 deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, 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.31 Delivery of electronic communications
31.1 The following E-Communication Disclosure (“Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your Account and any related products and services (“Communications”), to the extent you have consented to receiving such Communications electronically and failure to consent will result in a declined application for an Equals Spend For Business Prepaid Mastercard Card, except as provided below.
31.2 Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic Communications includes, but is not limited to:
31.3 All legal and regulatory disclosures and communications associated with your Account and any related products or services
31.4 Your Cardholder Agreement and any notices about a change in terms of your Cardholder Agreement
31.5 Privacy policies and notices
31.6 Error resolution policies and notices
31.7 Responses to claims filed in connection with your Account
31.8 Notices regarding insufficient funds or negative balances
31.9 Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (1) by access to a website that we will designate in an e-mail notice we send to you at the time the information is available, or (2) by posting such Communications on our website at https://us.equalsmoney.com/
31.10 How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form at any time by emailing Equals Spend (firstname.lastname@example.org
) using the email address provided in our website and app. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your request for withdrawal. In the meantime, you will continue to receive Communications in electronic form. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.
31.11 How to Update Your Records. It is your responsibility to provide us with a true, accurate and complete email address (if you have elected to receive e-mail messages from us), your contact information, and other information related to this Disclosure and your Account, and to maintain and update promptly any changes in this information. You can update information (such as your email address) using the instructions on the Equals Spend App and website. Hardware and Software Requirements. In order to access, view, and retain Communications that we make available to you electronically, you must have:
31.12 An Internet browser that supports 128 bit encryption
31.13 Microsoft Internet Explorer 6.0 or above, or the equivalent software
31.14 Sufficient electronic storage capacity on your computer's hard drive or other data storage unit
31.15 An email account with an Internet service provider and email software
31.16 A personal computer (1.0 GHz Base or higher), operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us in via a plain text-formatted e-mail or by access to our web site using browser specified above or equivalent software.
31.17 Adobe Reader version 9.0 or higher
31.18 Requesting Paper Copies. We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us using the details shown on our Contact Us
page online (+1 833-295-3757
31.19 Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law32 What does Metropolitan Commercial Bank do with your personal information?
32.1 Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
32.2 The types of personal information we collect and share depend on the product or service you have with us. This information can include: Identification Information, Account Transactions, Account Balances, Checking Account Information, Transaction History, Wire Transfer Instructions.
32.3 When you are no longer our customer, we continue to share your information as described in this notice.
32.4 All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons Metropolitan Commercial Bank chooses to share; and whether you can limit this sharing.33 Reasons we can share your personal information