THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU MAY FROM TIME TO TIME REQUEST A TRANSFER OF FUNDS IN YOUR ELIGIBLE META PREPAID ACCOUNT TO (A) AN ACCOUNT AT A FINANCIAL INSTITUTION IN THE UNITED STATES, (B) TO AN ACCOUNT AT A FINANCIAL INSTITUTION IN A FOREIGN COUNTRY, OR (C) TO A FINANCIAL INSTITUTION IN A FOREIGN COUNTRY, SUBJECT TO THE LIMITATIONS AS SET FORTH HEREIN, TO BE RELEASED TO A RECIPIENT (HEREINAFTER REFERRED TO AS “THE MONEY TRANSFER SERVICE”). YOU MAY ALSO REQUEST TO RECEIVE A TRANSFER INTO YOUR ELIGIBLE META PREPAID ACCOUNT FROM ANOTHER PERSON USING THE MONEY TRANSFER SERVICE. THESE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY.
BY CLICKING THE "I AGREE" BUTTON AND BY ‘COMPLETING THE INTERNET WEB FORM’, YOU THE CUSTOMER AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. YOU ARE INITIATING AND AUTHORIZING AN ELECTRONIC FUNDS TRANSFER BETWEEN YOUR ELIGIBLE META PREPAID ACCOUNT AND (A) AN ACCOUNT AT A DOMESTIC FINANCIAL INSTITUTION OR (B) AN ACCOUNT AT A FOREIGN FINANCIAL INSTITUTION OR (C) DELIVERING FUNDS TO A FOREIGN FINANCIAL INSTITUTION WHERE YOUR DESIGNATED RECIPIENT WILL PICK UP THOSE FUNDS. YOU, THE CUSTOMER, UNDERSTAND THAT THE PERSONAL INFORMATION IN THESE TRANSACTIONS WILL BE TREATED CONFIDENTIALLY, BUT CONSENT TO THE DISCLOSURE OF PAYMENT RELATED INFORMATION THAT IS COMPELLED BY LAW OR NECESSARY TO PROTECT AGAINST FRAUD OR CRIME. YOU, THE CUSTOMER, ALSO AGREE TO COMPLY WITH APPLICABLE STATE AND FEDERAL LAW AND REGULATIONS AND WARRANT THAT YOU WILL NOT TRANSMIT ANY ENTRY THAT VIOLATES THE LAWS OF THE UNITED STATES, INCLUDING, WITHOUT LIMITATION, REGULATIONS OF THE OFFICE OF FOREIGN ASSET CONTROL (OFAC).
In addition to these Terms and Conditions, your applicable Money Network service terms and conditions (“Money Network Terms and Conditions) shall also apply. In order to view or obtain a copy of your applicable Money Network Terms and Conditions, go to the website listed on or call the number on the back of your prepaid card. However, where there is a conflict between these Terms and Conditions and your applicable Money Network Terms and Conditions, the following Terms and Conditions shall apply to the Money Transfer Service as more fully described below. Matters not specifically addressed in these Terms and Conditions shall be handled according to applicable laws, regulations, policies and procedures of MetaBank or related parties. Furthermore, with respect to matters that are set forth in these Terms and Conditions, the application of these Terms and Conditions shall prevail over any other applicable terms and conditions that may apply to other services.
This Agreement covers all fund transfers using the Money Transfer Service initiated by you from time to time from your Eligible Meta Prepaid Account through the Money Network hosted website and all funds received into your Eligible Meta Prepaid Account held at MetaBank. In order for your prepaid account to be eligible for the Money Transfer Service, your prepaid account must be registered and you must have enough funds in your Eligible Meta Prepaid Account to use the Money Transfer Service to effectuate the transfer of funds.
• "ACH Network" means the funds transfer system, governed by the NACHA Rules, which provides funds transfer services to participating financial institutions.
• "ACH Rules" means the NACHA Operating Rules and NACHA Operating Guidelines, as in effect from time to time.
• "Business Day" means any day that is not a Saturday, Sunday or bank holiday, in the United States and if the remittance is cross-border the generally recognized corresponding business days in the Country where funds will be remitted.
• "Eligible Meta Prepaid Account" means the prepaid account that you are the primary cardholder that is eligible to use the Money Transfer Service.
• "Foreign Exchange Rate" means the price of one nation's currency denominated in the currency of another nation (e.g., the value of British pounds expressed in U.S. dollars).
• "MetaBank", "Meta" or "Bank" refers to MetaBank, including its directors, officers, employees, agents and service providers.
• "Money Network" refers to Money Network Financial, LLC, as program manager of certain card programs that are eligible to participate in the Money Transfer Service..
• "NACHA" means the National Automated Clearing House Association.
• "You" and "your" refer to the client who agrees below to the terms and conditions of this Agreement.
• "We" and "us" refer to MetaBank.
The Money Transfer Service enables you: (1) to request a transfer of funds from your Eligible Meta Prepaid Account to an account at a U.S. financial institution; or (2) to receive a payment from another person into your Eligible Meta Prepaid Account; or (3) to request a transfer of funds from your Eligible Meta Prepaid Account to an account at a Foreign financial institution, subject to the limitations set forth herein. Meta uses the ACH Network to execute the Money Transfer Service requests. All requests to send money to another person must be made online through the Money Network web site and are subject to the terms of this Agreement, other agreements and applicable laws and regulations, in effect from time to time, and as the case may be. Receipt of money from another person may be made through the ACH Network and is subject to the terms of this Agreement, and applicable laws and regulations, in effect from time to time, and as the case may be.
You may request a one-time transfer for which processing shall be initiated immediately. Transfer requests are processed when you can provide all the information about the recipient and his/her bank account that is necessary to complete an ACH Network transfer (the “Transfer"). Alternatively, you can provide information about the recipient (including, but not limited to, a mobile phone number and country residency card number) and a bank name, city and state, if applicable where the recipient will pick-up his/her funds and the Money Transfer Service sends the funds to that bank branch where the funds are released to the recipient when he/she is able to: (i) to confirm his/her identity to the financial institution; and (ii) provide a money access code specific to each transaction.
If another person wants to send money using the Money Transfer Service to your Eligible Meta Prepaid Account at MetaBank, he/she can do that from an account at a financial institution that participates in the ACH Network and the Money Transfer Service and you must provide your bank account information to that person to allow the sender’s financial institution to complete the transfer.
You hereby represent and warrant to MetaBank that you are the primary Cardholder on each Eligible Meta Prepaid Account and have full right and authority to all the funds on deposit therein. In addition, you authorize MetaBank to execute and charge your Eligible Meta Prepaid Account for any Money Transfer Service transfer request, including any related fees, subject to any applicable limits as to dollar amount and time to complete transfers, when your Money Transfer Service transfer requests are made in accordance with the policies and procedures established by MetaBank from time to time. You understand and acknowledge that MetaBank has no obligation to execute any request for a transfer using the Service that is not initiated in accordance with such policies and procedures. You further acknowledge that the acceptance and processing of a transfer request is subject to the terms and conditions stated in this Agreement, as amended from time to time. You understand that you have access to the most current version of these Terms and Conditions prior to submitting any Money Transfer Service transaction and that submitting a transaction is an indication that you agree with the most current Terms and Conditions then in effect and available to you and published on the Money Network website.
You acknowledge and agree that MetaBank is relying upon the information you provide in originating a Transfer on your behalf. Any errors in the information, including incorrect or inconsistent recipient names, address, bank account numbers, bank information, mobile phone numbers or country identification numbers as required by the Money Network website to complete the transaction, as well as providing incorrect information in connection with a transfer from other persons to your Eligible Meta Prepaid Account are your responsibility. You understand and agree that if the Money Transfer Service transfer instructions identify an account by name and account number, the relevant financial institution may execute those instructions by reference to the account number and bank identification number only, even if such number does not correspond to the name and the financial institution. You understand that financial institutions holding the account may not investigate discrepancies between names and numbers. In addition, you agree that MetaBank has no responsibility to investigate discrepancies between names and account numbers and financial institution names and financial institution routing numbers.
In connection with any individual request to transfer funds using the Money Transfer Service, you hereby give to MetaBank a limited power of attorney and appoint MetaBank as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to originate deposits into or withdrawals from your Eligible Meta Prepaid Accounts, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with effecting such funds transfers, verifying the content and authenticity of any Money Transfer Service transfer instruction, complying with all applicable security procedures applicable to such transfers, as fully to all intents and purposes as you might or could in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN METABANK ORIGINATES A REQUEST FOR A TRANSFER USING THE MONEY TRANSFER SERVICE, METABANK IS ACTING AS YOUR AGENT. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS METABANK AS YOUR AGENT UNDER THIS LIMITED POWER OF ATTORNEY.
You agree that MetaBank will initiate a request from you to send money using the Money Transfer Service only after you access your Eligible Meta Prepaid Account through Money Network’s website using the identification number that appears on your Money Network prepaid card and personal identification number ("PIN") and linking it to a user identification number ("User ID") and password. MetaBank shall not be liable for any delay in processing your Money Network Service transfer request if you fail to comply with these security procedures (or any other that may be established by MetaBank from time to time). You acknowledge and agree that MetaBank has established commercially reasonable security procedures for the Money Transfer Service. You understand that the security procedures are designed to authenticate your identity before accepting a request for the Money Transfer Service transfer and not to detect errors in the content of your instructions.
You understand and agree that when you request a transfer of funds from your Eligible Meta Prepaid Account using the Money Transfer Service, the processing of the transaction will begin immediately and the funds debited from your Eligible Meta Prepaid Account. The funds will be transferred into the recipient's account no earlier than 1 to 2 Business Day after you have made the Money Transfer Service request, unless the request is on a week-end day or a holiday, then the funds will be transferred into the recipient’s account in 2 to 3 Business Days after the Money Transfer Service is initiated. Money Transfer Service transactions initiated after 3 pm Eastern Time Zone, on holidays or week-end days will be transferred into the recipient’s account in 2 to 4 Business Days after the Money Transfer Service is initiated. You understand if the recipient does not have a bank account and will pick-up his/her money at a financial institution that you have specified, you are also responsible for informing the recipient of the required information that he/she must provide to the financial institution in order for the recipient to pick up the funds; such as, (i) a PIN (or money access code) that will be transmitted to a cell phone number provided by you and (ii) the recipients country issued identification card with a picture and recipient’s date of birth.
Limits on transactions may apply.• The minimum amount of each transfer must be at least $25 USD;
When you are the intended recipient of a Money Transfer Service transfer into your Eligible Meta Prepaid Account, you authorize the deposit of funds into your Eligible Meta Prepaid Account and you designate, either the receipt of a single transfer or, if you may choose the automatic deposit feature, for all transfers directed to you. You also acknowledge that there may be ‘balance limits’ on your Eligible Meta Prepaid Account at MetaBank and MetaBank has the right to refuse a funds transfer if the transfer amount will cause your Eligible Meta Prepaid Account to exceed the established balance limits. In the event that funds are transferred into your Eligible Meta Prepaid Account as a result of a transfer and it is determined that such transfer was improper because it was not authorized by the sender or there were not sufficient funds in the sender's account or for any other reason, then you hereby authorize MetaBank to withdraw from your Eligible Meta Prepaid Account an amount equal to the amount of funds improperly transferred to you.
You understand and agree that you are responsible for paying all fees associated with your use of the Money Transfer Service. You authorize MetaBank to charge your Eligible Meta Prepaid Account for any Money Transfer Service fees and charges applicable to transfers requested in accordance with the published fee schedule in effect at the time you make a Money Transfer Service transfer request.
As presented prior to creating international transaction
MetaBank reserves the right to change the fees charged for the use of the Money Transfer Service upon notice as required by applicable law. You agree that the current fee structure will be presented to you on the Money Network website prior to you submitting the transaction to transfer funds. Further, you understand that the ‘Fee’ associated with each transaction will be calculated based on the amount of money to be transferred and the country of the recipient. If the transaction is returned to you by the recipient’s bank because the recipient did not pick up the funds or the information provided by you on the Money Network website was incomplete or incorrect a fee of $2.00 will be deducted from your Eligible Meta Prepaid Account and you understand that the current Foreign Exchange Rate will be applied on the returned transaction.
When you request a transfer from your Eligible Meta Prepaid Account using the Money Transfer Service, the transfer may not be completed for various reasons. If you have not provided complete and accurate required information regarding the recipient, the Service cannot complete the Transfer. If you or the recipient fail a verification of identity that is required in connection with money transfer, your requested transfer will be declined. And if the identity verification is found to be in error you must originate a new transaction. If you do not have sufficient funds in your Eligible Meta Prepaid Account from which you have requested a transfer be made, the transfer will not be completed.
MetaBank reserves the right to reject your Money Transfer Service transfer request. MetaBank may reject your request: (i) if the dollar value of one or more of your transfer requests exceed any of the stated transfer limits (as more fully described above); (ii) if you have insufficient available funds in your Eligible Meta Prepaid Account for the amount of the Money Transfer Service transfer, plus any applicable fee; (iii) if your request is incomplete or unclear; (iv) if MetaBank identifies a security risk related to a requested transfer; or (v) if MetaBank is unable to fulfill your request for any other reason. You understand and agree that if MetaBank rejects a request for a Money Transfer Service transfer for one or more of the reasons set forth above, you will be informed of the rejection during your online session on the Money Network website.
You understand that upon a ‘Submit’ instruction that the transaction begins to process and funds will be debited from your Eligible Meta Prepaid Account immediately. Further, you understand that there is no opportunity to cancel or amend the transfer. However, if the recipient's bank confirms that the funds are returnable and agrees to do so, once the funds are returned to MetaBank, MetaBank will return the funds to you. The amount that is returned to you may be less than you originally transferred because the entire amount transferred may not be available for return and/or service charges of the recipient's bank and the current Foreign Exchange Rate applied.
You agree that MetaBank, Money Network or any other of their respective affiliates, agents or service providers shall not be responsible for any delay, failure to execute, or misexecution of your funds transfer request due to circumstances beyond MetaBank, Money Network or any other of their respective affiliates, agents or service provider’s reasonable control, including, without limitation, any inaccuracy, interruption, delay in transmission, or failure in the means of transmission of your funds transfer request to the bank or execution of such request by the bank, whether caused by strikes, power failures, equipment malfunctions, or acts or omissions of any intermediary bank or beneficiary bank. METABANK, MONEY NETWORK AND ANY OTHER OF THEIR RESPECTIVE AFFILIATES, AGENTS OR SERVICE PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE FAILURE OF ANY INTERMEDIARY BANK OR YOUR RECIPIENT'S BANK TO CREDIT YOUR RECIPIENT WITH THE AMOUNT OF THE FUNDS TRANSFER AFTER RECEIPT OF SAME.
You understand that if you think that your Eligible Meta Prepaid Account information has been lost or stolen, someone else has learned your online access credentials or initiated an unauthorized Money Transfer Service transfer or other type of online transaction has been made from your Eligible Meta Prepaid Account, you agree that you must notify MetaBank immediately by telephone at the phone number published for customer service for your Eligible Meta Prepaid Account.
You understand and agree that financial institutions use a variety of banking channels and facilities to make funds transfers, but will ordinarily use the ACH Network within the borders of the United States; and, as part of the international Money Transfer Service you acknowledge that a variety of banking channels may be employed to execute a funds transfer to a foreign country. MetaBank may choose any reasonable means that MetaBank considers suitable to complete a transfer that you request using the Money Transfer Service. You authorize MetaBank to choose the means it deems suitable to cause each of your transfer requests to be completed successfully. These other choices include banking channels, electronic means, and funds transfer systems, intermediary banks and other organizations. You agree to be bound by the rules and regulations that govern any applicable funds transfer systems, including, but not limited to, the ACH Rules. You acknowledge that funds transferred within the borders of the United States are under the Unites States rule of law and once a transaction crosses the border it is under the jurisdiction of that foreign country and the local law of the recipient bank.
The Money Transfer Service is available for funds transfers to and from accounts in the United States and are made in U.S. dollars only. In addition, the following country specific information may apply:
You understand that funds transferred to Mexico will originate in US Dollars and the current day’s Foreign Exchange Rate will be applied to the transaction to determine the approximate amount to be deposited in the recipients account in Pesos. The Foreign Exchange Rate in effect on the day of deposit will be applied to determine the actual Peso amount of the deposit.
When commercially available, you understand that funds transferred to Brazil will originate in US Dollars and the current day’s Foreign Exchange Rate will be applied to the transaction and that amount in Real will be deposited in the recipient’s bank account.
When commercially available, you understand it is common for receivers in Europe to hold different foreign currency accounts; funds transferred to participating European countries may be deposited in US Dollars or Euros; additionally, funds transferred to the United Kingdom may also be deposited in Pounds and funds transferred to Switzerland may also be deposited in Francs.
If US Dollar to US Dollar then no Foreign Exchange Rate will be applied and the actual amount will be deposited into the recipient’s account.
If US Dollar to Euro, or Pound, or Franc on the day of origination the current Foreign Exchange Rate will be applied to estimate the amount in Euro or Franc or Pound to be deposited in the recipient’s account and on the day of deposit the current Foreign Exchange Rate will be applied to determine the actual Euro or Pound or Franc amount of the deposit.
As a condition of using the Money Transfer Service, you represent and warrant to MetaBank that you will not use the Money Transfer Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation, including and not limited to illegal internet gambling. You further represent and warrant that you will not use the Money Transfer Service in any manner that could damage, disable, overburden, or impair the Money Transfer Service or interfere with any other party's use and enjoyment of such service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided to you through the Money Transfer Service. You agree that these warranties and representations made by you will remain in full force and effect even if this Agreement terminates for any reason.
MetaBank may modify or discontinue the Money Transfer Service, with or without notice, without liability to you at any time. MetaBank reserves the right, subject to applicable law and regulation, to terminate your right to use the Money Transfer Service at any time and for any reason, including, without limitation, if MetaBank, in its sole judgment, believes you have engaged in conduct or activities that violate any of the terms of this Agreement or, if you provide MetaBank with false or misleading information or interfere with other users or in the administration of the Money Transfer Service.
You acknowledge and agree that MetaBank and parties with whom it has contracted own all rights in and to the Money Transfer Service. You are permitted to use the Money Transfer Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile the technology for the Money Transfer Service or any other services or technology used in connection with the Money Transfer Service.
Although considerable effort is expended to make the Money Transfer Service and the Money Network web site and other operational and communications channels available around the clock, MetaBank and Money Network do not warrant these channels to be available and error free every minute of the day. You agree that MetaBank and Money Network will not be responsible for temporary interruptions in service due to maintenance, web site changes, or failures, nor shall MetaBank and Money Network be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes, acts of terrorism and acts of war. You agree to act responsibly with regard to the Money Network web site and its use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the Money Network web site’s systems and integrity. MetaBank and Money Network shall not bear any liability whatsoever for any damage or interruptions caused by any “computer viruses” that may affect your computer or other equipment. The Money Network web site may contain links to other web sites, provided as a convenience to you and not an endorsement by MetaBank or Money network. MetaBank and Money Network are not responsible for the content of any such web site, which you enter at your own risk.
In consideration of the Agreement by MetaBank to act upon your request to make the Money Transfer Service available to you in the manner provided in this Agreement, you agree to indemnify and hold MetaBank, Money Network or any other of their respective affiliates, agents or service providers harmless from and against any and all claims, suits, judgments, executions, liabilities, losses, damages, costs, and expenses, including reasonable attorney's fees, in connection with or arising out of MetaBank or Money Network or any other of their respective affiliates, agents or service providers acting upon instructions or information from you in connection with this Agreement, including, but not limited to the initiation and receipt of Money Transfer Service transaction and/or use of the Money Network website. This indemnity shall not be effective to relieve and indemnify MetaBank against its gross negligence, bad faith, or willful misconduct.
You agree that within thirty (30) days after a Money Transfer Service transaction request has been completed or that you have been the recipient of funds sent through the Money Transfer Service, you will tell MetaBank of any errors, delays, or other problems related to your request. If your funds transfer request or your receipt of funds is delayed or erroneously executed as a result of MetaBank’s error, MetaBank’s sole obligation to you is to pay or refund such amounts as may be required by applicable law.
YOU AGREE THAT METABANK, MONEY NETWOKR OR ANY OTHER OF THEIR RESPECTIVE AFFILIATES, AGENTS OR SERVICE PROVIDERS, UNLESS REQUIRED BY LAW, SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF: (1) ANY INACCURATE OR INCOMPLETE INFORMATION RECEIVED FROM ANOTHER FINANCIAL INSTITUTION IN CONNECTION WITH EXECUTING YOUR TRANSFER REQUEST TO ANOTHER PERSON'S ACCOUNT AT SUCH FINANCIAL INSTITUTION OR YOUR RECEIPT OF FUNDS FROM SUCH FINANCIAL INSTITUTION; (2) ANY CHARGES IMPOSED BY ANOTHER FINANCIAL INSTITUTION IN CONNECTION WITH THE MONEY TRANSFER SERVICE TRANSACTIONS; AND (3) ANY TRANSFER LIMITATIONS SET BY ANOTHER FINANCIAL INSTITUTION HOLDING AN ACCOUNT INTO WHICH YOU HAVE REQUESTED A TRANSFER OR FROM WHICH A TRANSFER TO YOUR ELIGIBLE META PREPAID ACCOUNT HAS BEEN REQUESTED. IN NO EVENT SHALL METABANK, MONEY NETWOKR OR ANY OTHER OF THEIR RESPECTIVE AFFILIATES, AGENTS OR SERVICE PROVIDERS BE RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES ARISING IN CONNECTION WITH YOUR USE OF THE MONEY TRANSFER SERVICE TRANSACTION REQUEST.
EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS AGREEMENT, METABANK, MONEY NETWOKR OR ANY OTHER OF THEIR RESPECTIVE AFFILIATES, AGENTS OR SERVICE PROVIDERS AND THEIR DIRECTORS, OFFICERS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS. METABANK, MONEY NETWOKR OR ANY OTHER OF THEIR RESPECTIVE AFFILIATES, AGENTS OR SERVICE PROVIDERS MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MONEY TRANSFER SERVICE OR THE MONEY NETWORK WEBSITE IN CONJUNCTION WITH THE USE OF THE MONEY TRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE MONEY TRANSFER SERVICE OR THE MONEY NETWORK WEBSITE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY METABANK FROM ANY FINANCIAL INSTITUTION HOLDING AN ACCOUNT INTO WHICH YOU HAVE REQUESTED A TRANSFER OR FROM WHICH A TRANSFER TO YOUR ELIGIBLE META PREPAID ACCOUNT HAS BEEN REQUESTED OR THAT THE MONEY TRANSFER SERVICE OR THE MONEY NETWORK WEBSITE WILL MEET ANY REQUIREMENTS OF ANY USER, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
(a) YOU SHOULD READ THIS ARBITRATION PROVISION AND WAIVER OF TRIAL BY JURY ("ARBITRATION PROVISION") CAREFULLY. YOU AND METABANK 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 (THE "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 in any way arising from or relating to the Money Transfer Service or this Agreement, including, without limitation: (i) the validity, enforceability or scope of this Arbitration Provision or the Agreement; (ii) the use of the Money Transfer Service; and (iii) the use of the Money Network website to execute the Money Transfer Service. The term "Claim" is to be given the broadest possible meaning that will be enforced and includes claims of every kind and nature. "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 Bank, Money Network and their respective subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, "we" or "us" shall include any other third party using or providing any product, service or benefit in connection with the Money Transfer Service (including, but not limited to, third parties who market or provide services and all of their agents, employees, directors and representatives) if, and only if, any 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. 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 NAF, JAMS or AAA, as selected by the party electing to use arbitration. NAF can be contacted at: National Arbitration Forum, 1-800-474-2371, www.adrforum.com. JAMS can be contacted at: Judicial Arbitration and Mediation Services, 1-888-352-5267, www.jamsadr.com. AAA can be contacted at: American Arbitration Association, 1-800-778-7879, 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 by 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 nonseverable 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.
• (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 use of the Money Transfer Service 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.
MetaBank may, at any time, for any or no reason, terminate this Agreement and/or temporarily or permanently suspend your right to use the Money Transfer Service and Money Network may, at any time, for any or no reason, temporarily or permanently suspend your right to use the Money Network website in conjunction with your use of the Money Transfer Service. MetaBank and or Money Network may contact you to obtain information about deposits and other transactions MetaBank deems suspicious. All provisions of this Agreement which by their nature should survive termination shall survive termination of this Agreement, including, but not limited to, the Limitation of Liability provisions.
The invalidity of any provision of this Agreement shall not affect the validity of other provisions. Any waiver of any term or condition of this Agreement shall not operate or be construed as a continuing waiver of such term or condition or any other term or condition. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this Agreement should be construed so the singular includes the plural and the plural includes the singular.
You agree that MetaBank reserves the right to change this Agreement as required by law or Bank policy. Unless otherwise required by law, MetaBank may amend this Agreement without prior notice to you. If MetaBank chooses to notify you of an amendment or are required to do so by law, MetaBank may ask you to agree to an amended version of this Agreement electronically and available to you on the Money Network web pages used to execute a Money Transfer transaction.
This Agreement shall be governed by the laws of the state where the Eligible Meta Prepaid Account is located and from which funds are transferred, and federal law, as applicable..
In order to use the Money Transfer Service, you consent to receive and accept the terms and conditions and any amendments to it as presented to you electronically via a link on the Money Network web pages.
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