Terms of Use

Important – Please Read Carefully

This document constitutes the agreement (“Agreement”) between you and MetaBank regarding the Home Safe Discover® Network Prepaid Card (“Card”) issued by MetaBank. Please read this Agreement carefully and keep it for future reference.

By activating or using this Card, you agree to be bound by this Agreement. You can cancel your Card and obtain a refund at no charge if the original value of the Card has not been reduced or depleted by calling + 1-800-807-2022. Otherwise, no refund of the Card balance is permitted under any circumstances. Please sign your Card immediately. Upon purchase and activation of the Card, you are entitled to use the Card for the full balance, without regard to the handling of your funds by the retailer where the Card was purchased.

In this Agreement, “you” and “your” mean the person or persons who have purchased or received the Card and/or are authorized to use the Card as provided for in this Agreement. “We”, “us”, “our”, and “Bank” mean MetaBank, our successors, affiliates and assignees. The Card will remain the property of Bank and must be surrendered upon demand. The Card may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law.

IMPORTANT DISCLOSURES

The Card is a prepaid card loaded with a specific amount of funds, redeemable as described below. You may not load additional funds to this Card. The Card is NOT a credit card. The Card is not connected in any way to any other account, is not a deposit and is NOT FDIC insured. You will not receive any interest on the funds loaded onto your Card.

ACTIVATION

To activate the Card, you should call the activation number, which is included on the sticker affixed to your Card, and follow the instructions to complete the activation process. You may use this Card or present the Card to another person for his or her use. You may not transfer the Card to another person after you have signed it.

USING YOUR CARD

You are wholly responsible for each use of the Card according to the terms of this Agreement. If you permit another person to use the Card, you will be liable for all transactions made by that person and all fees and charges associated therewith.

The Card may be used only for transactions with merchants that accept Discover Network Cards and provide transportation services, including taxi, sedan, limousine, bus and railroad companies, automobile rental companies and airlines.

You will be required to provide your signature prior to completing any transaction initiated with your Card. You may not use your Card at automated teller machines (ATMs). You agree not to use the Card for purchases outside of the fifty United States and the District of Columbia, for recurring bill payments, for illegal transactions or to fund gambling transactions on the Internet. Before using your Card for Discover transactions without the Card present at a merchant to verify the existence and condition of your Card for a third party, such as a merchant or credit bureau; to comply with government agency, court order or other applicable law or legal reporting requirements; to our employees, auditors, service providers or attorneys, as needed; and to help protect against fraud or for other institutional risk control purposes.

By activating this Card, you agree to our collection and sharing of Cardholder Information as provided herein. Furthermore, unless your mailing address is in California (or other states where prohibited by applicable law), by activating this Card you also agree to our disclosure of all Cardholder Information to First Data Corporation and its affiliates and other third parties, such as merchants and retailers, for their own uses and disclosure, which may include use or disclosure to market or provide additional products and/or services that such party believes may be of interest to you. NOTWITHSTANDING THE FOREGOING, YOU MAY USE THE CARD BUT OPT OUT OF HAVING YOUR CARDHOLDER INFORMATION DISCLOSED AT ANY TIME BY CONTACTING CUSTOMER SERVICE, WITHOUT CHARGE, AT 1-800-807-2022.

Information Security: Subject to the exceptions set forth above, we restrict access to Cardholder Information to persons who need Cardholder Information to perform their job responsibilities. In addition, we maintain physical, electronic and procedural security measures that comply with federal regulations to safeguard Cardholder Information.

TELEPHONE MONITORING/RECORDING

From time to time we 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.

ARBITRATION PROVISION AND WAIVER OF TRIAL BY JURY

(a) YOU SHOULD READ THIS ARBITRATION PROVISION AND WAIVER OF TRIAL BY JURY (“ARBITRATION PROVISION”) CAREFULLY. YOU AND WE HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT OR HAVE A JURY TRIAL ON ANY CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE PROCEDURES OF THE NATIONAL ARBITRATION FORUM (“NAF”), JUDICIAL ARBITRATION AND MEDIATION SERVICES (“JAMS”) OR AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS APPLICABLE (“PROCEDURES”), EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN FOR A SMALL CLAIM. 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. 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.

(b) Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to your Card or this Agreement, including, without limitation: (i) the validity, enforceability or scope of this Arbitration Provision or the Agreement; (ii) the amount of available funds on the Card; (iii) advertisements, or oral or written statements related to the Card, or goods or services purchased with the Card; (iv) the services related to the Card; and (v) your purchase, activation or use of any Card. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims. “Claim” does not include any challenge to the validity and effect of the Class Action Waiver; which must be decided by a court.

As used in this Arbitration Provision, the terms “we” and “us” shall mean the Bank and its 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 or sell the Card and third parties who market or provide services). The meaning of other previously defined terms remains unchanged.

(c) Upon election of either party, the Claim shall be resolved by binding arbitration pursuant to this Arbitration Provision and the procedures of the NAF, JAMS or the AAA, as selected by the party electing to use arbitration. NAF can be contacted at: National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, (800) 474-2371, www.adrforum.com. JAMS can be contacted at: 1920 Main Street, Suite 300, Irvine, CA 92614; (888) 352-5267; www.jamsadr.com. AAA can be contacted at: American Arbitration Association, 1633 Broadway, 10th Floor, New York, NY 10019, (800) 778-7879, www.adr.org. 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 either of the other organizations listed to serve as arbitrator administrator. You may contact us for instructions on how to obtain copies of any of these organizations’ procedures.

(d) Notwithstanding anything to the contrary in this Arbitration Provision, either party may file and pursue a Claim in a small claims court or the equivalent court of your state or municipality (“Small Claim”), but the Claim must proceed only on an individual basis and not in a representative capacity or class action. The Claim may proceed as a Small Claim only so long as that Claim is not transferred or appealed to a different court, in which case either party may elect arbitration.

(e) Class Action Waiver: No Claim submitted to arbitration is heard by a jury or may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver). The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonserverable from this agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or found unenforceable, then the parties’ agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. Any Claim resolved by arbitration shall be arbitrated on an individual basis by a single arbitrator. The arbitrator’s authority to resolve Claims is limited to Claims between you and us, and the arbitrator’s authority to make awards is limited to you and us. 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.

(f) Location of Arbitration / Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence at the time the claim is filed. At your written request, we will consider advancing and/or reimbursing any arbitration filing fee, or administrative and hearing fees that you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will ultimately be responsible for paying those fees. If you file a Claim against us, in no event will you be required to reimburse us for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Except as provided by substantive law, each party shall bear its own attorney’s, expert’s and witness fees, which shall not be considered costs of arbitration.

(g) 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 (the “FAA”). The arbitration shall be governed by the applicable Procedures, except that this Arbitration Provision shall control if it is inconsistent with the applicable Procedures. 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 written request of either party, shall provide a detailed written explanation of the basis for the decision. 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 as provided by the FAA.

(h) Continuation: This Arbitration Provision shall survive termination of your Card and this Agreement. If any portion of this Arbitration Provision is deemed invalid or unenforceable it shall not invalidate the remaining portions of this Arbitration Provision or the Agreement, except as provided for in paragraph (e) above.

Customer Service Contact Information

MetaBank
C/o First Data Prepaid Services
7000 Goodlett Farms Parkway
Cordova, TN 38016

For automated voice response unit to obtain balance and transaction information: 1-800-807-2022

For lost, stolen or expired cards, unauthorized use, or card cancellation: 1-800-807-2022 (Service fees may apply)

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