arbitration or to any proceedings to enforce the arbitration provision or to confirm or vacate an arbitration award shall be brought by us in the
state and federal courts of Illinois.
Entire Agreement; Severability.
This Agreement sets forth the entire understanding and agreement between you and us, whether written or
oral, with respect to its subject matter and supersedes any prior or contemporaneous understandings or agreements with respect to their
subject matter. If any of the terms of this Agreement are invalid, or declared invalid by order of court, change in applicable law, or regulatory
authority, the remaining terms of this Agreement shall not be affected, and this Agreement shall be interpreted as if the invalid terms had not
been included in this Agreement.
Disclaimer of Warranties.
EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT OR REQUIRED BY LAW, WE MAKE
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limited Liability.
UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS
OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF
GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO
HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES;
OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN
THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO
EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER
IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS
PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW,
YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE
LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.
Definitions.
In this Agreement, the words
“you”
and
“your”
mean the owner of the Card (
“Cardholder”
) and any second cardholder.
“Bank,”
“we,” “us,”
and
“our”
mean Green Dot Bank, the issuer of the Card, or anyone to whom we assign our rights.
“Card”
means both (i) the non-
personalized card that came in the package at a Retailer (your
“Temporary Card”
) and (ii) the personalized card that you may receive after
you register your Card (your
“Personalized Card”
).
“Retailer”
means each distribution agent and retail outlet authorized to provide Cards for
sale to the public.
“Green Dot”
means Green Dot Corporation, the third party that administers the Card program on behalf of the Bank.
ARBITRATION NOTICE
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE. PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR
LEGAL RIGHTS.
Acknowledgment of Arbitration. Your Card is being made available and priced by the Bank on the basis of your acceptance of the
following arbitration clause. By accepting your Card, you acknowledge that you are giving up the right to litigate Claims (as defined
below) if either party elects arbitration of the Claims pursuant to this clause, except as otherwise expressly provided herein, and you
hereby knowingly and voluntarily waive the right to trial of all Claims subject to this Agreement. You further acknowledge that you
have read this arbitration provision carefully, agree to its terms, and are entering into this Agreement voluntarily and not in reliance
on any promises or representations whatsoever except those contained in this Agreement.
Arbitration of Claims.
Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or
otherwise; constitution; statute; common law; or equity and whether pre-existing, present, or future), including initial claims, counter-claims,
cross-claims, and third-party claims, arising from or relating to: (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card;
(iv) this Agreement, including the validity, enforceability, interpretation, scope, or application of this Agreement and this arbitration provision
(except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or
instrument relating to the Card or any related service (
“Claim”
) shall be decided, upon the election of you or the Bank (or Green Dot or the
Bank’s agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration. Arbitration replaces the right to
litigate a Claim in court or to have a jury trial. The American Arbitration Association (
“AAA”
) shall serve as the arbitration administrator. You
may obtain copies of the current rules, forms, and instructions for initiating an arbitration with the AAA by contacting the AAA as follows: online
at www.adr.org or by writing to the AAA at: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100,
Voorhees, NJ 08043.
Other Claims Subject to Arbitration.
In addition to Claims brought by either you or the Bank, Claims made by or against Green Dot or by or
against anyone connected with you or the Bank or claiming through you or the Bank (including a second cardholder, employee, agent,
representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy) shall be subject to arbitration as
described herein.
Exceptions.
We agree not to invoke our right to arbitrate any individual Claim you bring in small claims court or an equivalent court so long as
the Claim is pending only in that court. This arbitration provision also does not limit or constrain the Bank’s right to interplead funds in the event
of Claims to Card funds by several parties.
Individual Claims Only.
Claims may be submitted to arbitration on an individual basis only.
Claims subject to this arbitration provision may
not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative
capacity on behalf of the general public or on behalf of any other person, unless otherwise agreed to by the parties in writing.
However, co-applicants, second cardholders, and authorized users of a single Card and/or related cards are considered as one person, and the
Bank, its officers, directors, employees, agents, and affiliates are considered as one person.
Arbitration Fees.
If you initiate arbitration, the Bank will advance any arbitration fees, including any required deposit. If the Bank initiates or
elects arbitration, the Bank will pay the entire amount of the arbitration fees, including any required deposit. The Bank will also be responsible
for payment and/or reimbursement of any arbitration fees to the extent that such fees exceed the amount of the filing fees you would have
incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction over the Claims.
Procedure.
A single arbitrator will resolve the Claims. The arbitrator will be a lawyer with at least 10 years’ experience or who is a former or retired
judge. The arbitration shall follow the AAA’s rules and procedures in effect on the date the arbitration is filed, except when there is a conflict or
inconsistency between the AAA’s rules and procedures and this arbitration provision, in which case this arbitration provision shall govern. Any in-