Authorized User Card Terms

These Rewards Cards Terms ("Terms") are a binding agreement between you, and Issuer (as defined below) that govern your access to and use of the Services (as defined below). If you do not agree with these Terms, do not use or accept the Card (as defined below).

Your Card is sponsored by US Mobile, Inc. (“Sponsor”) in connection with a loyalty, award, or promotional program (the “Rewards Program”). Your Card is provided as a gratuity, and you received it without paying or providing other value for it. When the Card expires, the funds on the Card expire.

THESE TERMS REQUIRE ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING INDIVIDUAL ARBITRATION, AND A CLASS ACTION WAIVER, AS OUTLINED IN SECTION 6.

a. “Card” means a reloadable rewards card issued to you by the Issuer and sponsored by the Sponsor, and includes any associated account or records associated with the Card. The Card is not a gift card or credit card.

b. "Card Network" means the payment card network operated by Mastercard Incorporated, MasterCard Worldwide, Inc., and MasterCard International Incorporated.

c. “Card Parties” means Sponsor, Issuer, any Service Provider, and any affiliates, employees, contractors, officers, and directors of any of the foregoing.

d. "Issuer" means Patriot Bank, N.A., which is responsible for issuing the Card, or such other bank partners that Sponsor may determine.

e. "Services" means the services Sponsor and Issuer provide to you, including any use of Cards.

f. “Service Provider” means any companies Sponsor or Issuer contracts with to offer the Services, directly or indirectly.

g. “You” and “your” refer to anyone who has been given the Card by Sponsor and is authorized to use the Card and Services.

a. Expiration. The Card is valid through the expiration date shown on the card or until the Card balance reaches zero, except as required otherwise by applicable law. When the Card expires, the funds on the Card expire, the Card will be closed, and you will have no rights to any unused balance.

b. Card Funds. The maximum value of the Card is $1,000. All Cards are reloadable. You will not receive interest on any funds on a Card.

c. Activation & Spending Limits. You cannot use your Card until it is activated by the Sponsor, as applicable. The Card Parties may impose spending or other limits on your use of the Card and Services, and the Sponsor will inform you of any such limits that may apply.

d. Card Restrictions. We may decline a purchase for any illegal transaction, gambling, or high-risk products or services, or for fraud, legal, or security reasons. We may restrict purchases based on geographic or merchant location.

e. No Cash Value or Access. Cards have no cash value and may not be redeemed for cash or otherwise monetized. The Card may not be used to access cash, for cash advances, cash back at point of sale, money orders, or travelers checks.

f. Authorized Users. If you permit someone else to use your Card, you will be responsible for any transactions initiated by such person.

g. No Card Ownership. You are not the owner of the Card or any funds loaded on the Card. The Card is the property of the Sponsor and must be surrendered on demand.

h. Sponsor Rights. Sponsor may suspend, cancel, revoke, or restrict the use of your Card at any time, for any reason, and without notice. Sponsor is not liable if a merchant refuses to honor your Card.

i. Complaint Use. You agree not to circumvent or attempt to circumvent the security of the Services for any purpose, including to use any Services for which you are not authorized. You agree to use the Services in compliance with all laws, rules, and regulations that apply to your use of the Services.

j. Balance Inquiry & Transaction History. To check the balance on your Card or inquire about your transaction history, please contact [email protected].

k. Replacement. If you need a replacement card, contact [email protected]. There is no fee for a replacement card. A replacement will not be issued if the Card has expired.

l. International Use. You may use your Card only with merchants in the U.S.

If your Card is lost or stolen, or an unauthorized transaction was made using your Card, notify us immediately at [email protected]. We may ask for the Card number and other identifying details, and may not be able to assist you if you do not have the Card number. We may need to investigate any claim with respect to a lost or stolen Card or unauthorized transaction, and you agree to cooperate with such investigation. We may not be able to assist you if you do not contact us within 60 days of the unauthorized transaction. We will charge a replacement card fee outlined above (subject to applicable law).

You agree to the terms of the Sponsor’s privacy policy, which may be updated from time to time, and which form part of these Terms. The Sponsor’s Privacy Policy is available at www.usmobile.com/privacy-policy. The Card Parties process, analyze, and manage information you provide in accordance with their privacy policies, which explains how and for what purposes such parties collect, use, retain, disclose, and safeguard information provided in connection with the Services.

You agree to indemnify the Card Parties and hold them harmless from and against any losses, liabilities, damages, claims, costs or expenses (including reasonable attorneys' fees) arising out of or relating to claims, proceedings, suits, or actions brought by or initiated against the Card Parties or any of the other indemnitees specified above by any third party due to your use of the Card or violation of law, fraud, gross negligence, or willful misconduct. Sponsor may defend any claim subject to indemnification hereunder, using counsel of its choice, and you will pay or promptly reimburse Sponsor for the reasonable fees of such counsel and all related costs and reasonable expenses.

a. Agreement to Arbitrate. You and the Card Parties agree to arbitrate any and all claims or disputes arising from your attempted or actual use of the Services (“Dispute”) (including any disputes with Service Providers) before a neutral arbitrator who has the power to award the same damages and relief that a court can.

ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST ANY CARD PARTIES.

If any section of these arbitration provisions is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.

Your agreement to arbitrate and these related terms are made pursuant to a transaction involving interstate commerce, and are governed by the Federal Arbitration Act and not any state arbitration law.

b. Limitation on Time to Initiate a Dispute. Any action or proceeding by you relating to any Dispute must commence within 90 days after the cause of action accrues.

c. Process for Arbitration of Disputes. All disputes shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in your state of residence at a location that is reasonably convenient for both parties. For a copy of the procedures, to file a claim or for other information about the AAA, contact: AAA, 335 Madison Avenue, New York, NY 10017 or at www.adr.org.

If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in New York County, New York, or another mutually agreeable location.

Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures may be SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrators’ decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

All determinations as to the scope, interpretation, enforceability, and validity of these Terms shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.

IF YOU DO NOT AGREE TO THE TERMS OF THESE ARBITRATION PROVISIONS, DO NOT ACTIVATE OR USE THE CARD, OR IF IT HAS ALREADY BEEN ACTIVATED, CANCEL IT. YOU MAY CANCEL THE CARD BY CONTACTING CUSTOMER SERVICE AT [email protected].

These terms are governed by the law of Connecticut, except to the extent governed by federal law and subject to Section 6.

The invalidity or unenforceability of any of the provisions of these Terms, or the invalidity or unenforceability of the application thereof to any individual, entity, or circumstance, shall not affect the application of such provisions to individuals, entities, or circumstances other than those as to which they are held invalid or unenforceable, and shall not affect the validity or enforceability of any other provisions of these Terms.

These Terms (including any additional terms incorporated by reference herein) constitute the entire understanding between you and Sponsor regarding the subject matter of these Terms, and no other agreements, representations, or warranties other than those provided in these Terms will be binding unless in writing and signed by you and Sponsor.

You may not modify these Terms without Sponsor’s prior consent. Sponsor may modify these Terms with notice at any time Sponsor deems to be reasonable in the circumstances and in accordance with the terms of any Service Provider agreement with Sponsor. If you do not accept any such modification, you must stop using the Services (including any Card). If you continue to use the Services, you will be deemed to have consented to the modifications of these Terms.

Sponsor may assign or transfer these Terms without your consent. You may not assign or transfer any part of these Terms without Sponsor’s prior written consent.

THE SERVICES ARE PROVIDED TO YOU AS IS AND AS AVAILABLE. THE CARD PARTIES DISCLAIM ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, AND YOU ACKNOWLEDGE THAT NO PERSONNEL OF THE CARD PARTIES ARE AUTHORIZED TO PROVIDE ANY SUCH WARRANTY. NONE OF THE CARD PARTIES ARE RESPONSIBLE FOR THE DELIVERY, QUALITY, SAFETY, LEGALITY, OR ANY OTHER ASPECTS OF THE GOODS OR SERVICES YOU PURCHASE WITH A CARD.

THE CARD PARTIES ARE NOT LIABLE TO YOU FOR CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR TO THE SERVICES OR CARDS. YOU ACKNOWLEDGE THAT THE CARD PARTIES PROVIDE SERVICES (INCLUDING CARDS) SOLELY TO AND FOR THE BENEFIT OF THE SPONSOR, AND THAT THE CARD PARTIES SHALL HAVE NO LIABILITY TO YOU WHATSOEVER IN CONNECTION WITH ANY BREACH, FAILURE OR OTHER PROBLEM OR ISSUE WITH RESPECT TO THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THE CARD PARTIES TO YOU IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY SPONSOR IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY OR (B) $10.

Issuer has no responsibility for the loyalty, award, or promotional programs, and you release Issuer, its affiliates, and service providers from any and all liability or claims of any nature arising out of the Rewards Program.

If you have questions about the operation of the Services or the use of your Card, contact Sponsor using the contact information provided by Sponsor.