This Cardholder Agreement, including the Schedule of Fees and charges (collectively referred to as this “Agreement”), sets forth the terms of your prepaid Card (the "Card”). Please read it carefully and retain it for your records. Your Card is issued by Access National Bank ("Bank") pursuant to a license from MasterCard International Incorporated.
If you do not agree to these terms, do not use the Card and cancel the Card by calling TransCard Customer Service at 1-800-416-6373. However, by using the Card, you thereby agree to the terms of this Agreement. You cannot use the enclosed Card until it has been activated. If you do not want to use the Card or do not agree to the terms of this Agreement, please destroy the Card at once by cutting it in half. If you activate the Card (see “Activating the Card” below) or if you use the Card, in doing so you are agreeing to the terms of this Agreement.
Certain Definitions. In this Agreement, the words “you” and “your” mean the owner of the Card (“Cardholder”). “We,” “us,” and “our” mean TransCard, our successors, affiliates or assignees or the Bank, issuer of the Card. “Card” means MasterCard® plastic Card that is issued to you or the non- personalized MasterCard branded plastic Card (as applicable) that is issued to you. The words “Card Account” mean the Bank deposit account or its associated account number or MasterCard Card. “TransCard” means the third party that administers the Card Program and with whom you activated the Card. “Business days” are Monday through Friday, excluding federal holidays. Saturday, Sunday, and federal holidays are not considered business days, even if we are open. “Program” means the PinnacleHealth Hope Program, a description of which can be found at www.pinnaclehealthhope.org. “Foundation” means the Someone With Foundation, Inc., a foundation established by Someone With Group LLC to receive funds remaining in the Card Account under certain circumstances described below and to distribute those funds as described on the Program website. Other terms are defined throughout this Agreement.
Your Card. The Card is subject to all of the terms of this Agreement. The Card is non-transferable and may be used only by you, the Cardholder. THE CARD IS NOT A CREDIT CARD. NO INTEREST IS, OR WILL BE, PAID ON THE BALANCE OF THE CARD ACCOUNT OR ANY SUB-ACCOUNT. DEPENDENT UPON THE DEPOSIT METHOD(S) YOU CHOOSE, FEES MAY BE IMPOSED IN CONNECTION WITH DEPOSITS. YOU AGREE TO PAY ALL FEES CHARGED IN ACCORDANCE WITH THIS AGREEMENT. The Card is and will remain Bank property. However, you will be solely and completely responsible for the possession, use and control of the Card. You must surrender or destroy the Card immediately upon our request. The Card may not be used for illegal purposes.
Important Information About Procedures for Opening a New Account. To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
Using Your Card. After you receive your Card you may use it to purchase goods and services from any merchant who is categorized with the medical related merchant category codes as defined by the Program (“Accepting Merchants”), and accepts Debit MasterCard including point-of-sale (“POS”) purchases. See the Program website for a list of categories of Accepting Merchants. Each time you use the Card to purchase goods or services, you authorize us to charge the amount against your Card’s available value. You agree that you will: (i) not use the Card at gambling websites or to purchase illegal goods or services; (ii) promptly notify us of any loss or theft of the Card; (iii) promptly notify us of the loss, theft, or unauthorized disclosure of any personal identification number (“PIN”), codes, or numbers used to access the Card Account information or Card funds; and (iv) use the Card only as instructed by us. We may refuse to process any transaction that we believe violates the terms of this Agreement. There are limitations on daily purchases (see “Purchase Limitations” below).
Your Representations and Warranties. By activating the Card or by retaining or using the Card, you represent and warrant to us that: (i) you are at least 16 years of age; (ii) you have provided us with verifiable and legal identification documents, such as a U.S. social security Card, driver’s license, U.S. Passport, U.S. issued authorization to work in the U.S.; (iii) you have provided us with a verifiable U.S. street mailing address (not a P.O. Box); (iv) the personal information that you provide to us in connection with the Card is true, correct, and complete; (v) you received a copy of this Agreement, you have read this Agreement and agree to be bound by and comply with its terms; and (vi) you accept the Card.
Assignability. We may assign or transfer our rights and obligations under this Agreement, including all our rights and obligations in respect of any Card Account or any sums due hereunder, at any time without prior notice to you. The Card Account established under this Agreement is not assignable or transferable by you except with our prior written consent. Without limiting the foregoing, we must approve in writing any pledge of the Card Account, and any such pledge remains subject to any right we have under this Agreement and applicable state and federal law.
Activating the Card. When you receive the Card it will not operate until we validate or activate the Card. We will first verify your identity and that you are the person who applied for the Card. To activate your Card, call Customer Service at the phone number indicated and follow the instructions provided. We may refuse to activate your Card at our sole discretion. For example, we may stop the activation if the Card or your PIN is reported lost or stolen.
Adding Value to the Card. Value will be “loaded” or added to the Card after the Card has been activated and the authenticity of the Card and/or “load” instruction has been verified. The minimum initial load is $10.00; the maximum load amount is $10,000.00 per day. The maximum amount of value that can reside on the Card at any time is currently limited to the maximum daily load amount. We may increase or decrease these limits from time to time at our sole discretion upon notice to you. We also may limit the number of Cards provided to you. We reserve the right to accept or reject any request to reload value to the Card at our sole discretion. The Card may only be reloaded by the Cardholder or an authorized contributor. In addition to deposit processing fees, deposit transaction fees may apply as stated in the Schedule of Fees and Charges associated with this Card Account.
FDIC Deposit Insurance. Subject to applicable regulations, Your Card Account is insured by the Federal Deposit Insurance Corporation.
You may obtain information about the amount of money you have remaining in your Card Account by calling TransCard Customer Service at 1-800-416-6373; a charge may apply for balance inquiries that are made by telephone (see “Schedule of Fees and Charges”). This information, along with a 60-day history of account transactions, is also available online at www.mytransCard.com . You also have the right to obtain a 60-day written history of account transactions by calling TransCard Customer Service at 1-800-416-6373 or by writing us at TransCard Customer Service, 1301 Riverfront Parkway., Ste. 112, Chattanooga, TN 37402 (we may assess a fee for providing a written history of the account to you).
When Deposits are Available for Withdrawal. Deposits may be delayed until we have actually received the funds. During such delay, the funds’ value will not be available to the Cardholder. We reserve the right to accept or reject any request to deposit funds to the Card Account at our sole discretion.
We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items drawn “on us”). Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or outside depository until we actually record them. We will treat and record all transactions received after our “daily cut-off time” on a business day we are open, or received on a day we are not open for business, as if initiated on the next following business day that we are open. Our policy is to make funds from your cash and certain check deposits available to you on the first business day after the day we receive the actual funds. However, funds from electronic deposits will be available on the day we receive settlement for the deposit. For determining the availability of your deposits, every day is a business day, except Saturday, Sunday, and federal holidays. Our earliest cut-off is 4:00 PM CST.
If you make a deposit before our cut-off hour on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after our cut-off hour or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
Use and Purpose of Card and Card Account. You may make purchases with your Card only from Accepting Merchants. When making purchases with your Card at a point-of-sale terminal, you may select either the debit or credit option. The debit option requires that you enter your PIN, and the credit option requires you to sign for the purchase. In each case, the amount of the purchase is deducted from your Card Account balance.
We may impose restrictions on your Card at any time, including restrictions on (a) the number of transactions allowed per day; (b) the dollar amount of transactions. See “Purchase Limitations” below.)
Authorization Holds. When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and may estimate its final value. When we authorize the transaction, we commit to make the requested funds available when the transaction finally settles and may place a temporary hold on your Card’s funds for the amount indicated by the merchant. We also may add an amount for certain merchants to ensure that sufficient funds will be available to cover the final transaction. Transactions at certain merchants that authorize high dollar amounts may cause an “authorization” or “hold” on your available balance for up to 30 days. Until the transaction finally settles or we determine that it is unlikely to be processed, 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, however, and will release any excess amount when the transaction finally settles.
Purchase Limitations. You should maintain sufficient value on your Card to pay for each transaction you attempt to conduct using the Card or Card Account. You may not make purchases that in the aggregate exceed $2,500.00 per calendar day. If a merchant attempts to process a transaction for more than the value available on the Card, or if the transaction will cause the daily limit of $2,500.00 to be exceeded, then the transaction will be declined. We do not extend credit, so if your Card Account becomes overdrawn, you agree to pay us the overdrawn amount immediately, without further demand. We may deduct the overdraft amount from any current or future funds on this or any other Card you activate or maintain.
Unusual or multiple purchases may prompt a merchant inquiry or Card suspension to allow us to investigate such unusual activity. You agree to be financially liable for any spending beyond the available Card Account balance, and any spending overdraft must be immediately repaid.
Refunds for Purchases Made with the Card. Any refund for goods or services purchased with the Card will be made in the form of a credit to the Card. You are not entitled to receive a cash refund.
Disputes with Merchants. Neither the Bank nor TransCard are responsible for the delivery, quality, safety, legality, or any other aspect of goods and services that you purchase from others with a Card. All such disputes should be addressed to the merchants from whom the goods and services were purchased.
Cancellation and Suspension. We reserve the right, at our sole discretion, to limit your use of the Card. We may refuse to issue a Card or may revoke Card privileges with or without cause or notice, other than as required by applicable law. If you would like to cancel the use of your Card, call TransCard Customer Service at 1-800-416-6373. If we decide to cancel or suspend use of the Card, we will attempt to notify you by telephone, by U.S. Postal Service, or electronic mail. You agree not to use or allow others to use an expired, revoked, cancelled, 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, a refund of any remaining funds in the Card Account, less amounts owed to us (e.g. fees and charges), will be transferred to the Foundation and we will have no further liability for such funds.
Life of Card. The Card is good for at least one year from the date of Card production. Depending on the terms of the Program you may be subject to an annual membership renewal fee, to continue use of Card after 12 months. If your Card has a zero or negative balance (overdraft), we may, at our option, cancel your Card without notice. When an annual membership fee for which you are responsible is due, if there are insufficient funds in the Card Account, the Card may also be cancelled and any remaining funds in the Card Account, less amounts owed to us (e.g. fees and charges), will be transferred to the Foundation and we will have no further liability for such funds. Once the Card has expired or been cancelled for any reason, it cannot be renewed or reloaded.
Settlement Upon Expiration or Cancellation. If we do not choose to issue a new Card to you upon its expiration or if we cancel your Card privileges for any reason, any remaining funds in the Card Account, less amounts owed to us (e.g. fees and charges), will be transferred to the Foundation and we will have no further liability for such funds. You will not be able to add more value to your Card once the Card has expired or has been cancelled.
Settlement upon death. Upon death, the Cardholder’s Card will be suspended and cannot be used to accept additional contributions or make additional purchases or payments. The Cardholder’s family must submit a death certificate and will have 180 days to remit outstanding qualified bills from Accepting Merchants to the Bank to be paid directly. After 180 days, any remaining funds in the Card Account, less amounts owed to us (e.g. fees and charges), will be transferred to the Foundation and we will have no further liability for such funds.
Confidentiality and Security.
You should not disclose your PIN or record it on the Card or otherwise make it available to anyone else. If the Card or PIN is lost or stolen or if someone else may be using them without your permission, notify us at once by calling TransCard Customer Service at 1-800-416-6373. If you authorize or permit someone else to use the Card and/or PIN, you will be liable for any transactions made by that person. At any time you may temporarily suspend the use of your Card by calling TransCard Customer Service at 1-800-416-6373. You alone may reactivate the Card at any time after it has been suspended by contacting Customer Service.
Each time you use the Card, the amount of the transaction will be debited from the balance of funds in the Card Account. You are not allowed to exceed the Card Account balance when making any purchase. You agree to be absolutely and unconditionally responsible for payment to us of overdrafts. You agree to have the amount of the overdraft deducted from any funds later deposited to the balance of your Card Account. You agree that fees and charges specified in this Agreement may be deducted from the Card Account. You agree to pay any Card Account funds deficiency at once, together with all costs of collection.
Reversal. Point of sale transactions cannot be reversed. Payment for goods or services using your Card at a point-of-sale terminal shall not affect any of the rights, protections, or liabilities under applicable law regarding a cash or credit sale made by means other than through the use of a point of sale. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold of funds equal to the estimated purchase amount, for up to seven (7) days.
Fees and Charges. We will charge you, and you agree to pay, the fees and charges set forth in the Schedule of Fees and Charges disclosed in this Agreement . You may also login at www.mytransCard.com to view a complete list of fees. We normally deduct fees and charges automatically from the Card balance at the time a fee or charge is incurred.
Unclaimed Property. If you have not made a purchase from or a deposit to your Card Account for twelve (12) months, your Card Account may be classified by us as inactive. Subject to applicable law, we may charge an inactivity account fee on the Card Account. For Cards with no activity for five (5) years or such other period as may be prescribed by Virginia state law, the Card Account will be presumed to be abandoned. If this occurs, we may try to locate the owner of the Card at the address shown in our records, so we encourage you to keep us informed if you change your address. You may notify us of a change of your address by calling TransCard Customer Service at 1-800-416-6373. If we are unable to locate you, any remaining funds in the Card Account, less amounts owed to us (e.g. fees and charges), will be transferred to the Foundation and we will have no further liability for such funds. Alternatively, we may be required to deliver any value remaining on the Card to the state of Virginia as unclaimed property.
Card Information. You can obtain information about the current available balance on your Card and a description of past charges and credits by calling TransCard Customer Service at 1-800-416-6373 or visiting www.mytransCard.com; a charge may apply for balance inquiries that are made by telephone (see “Schedule of Fees and Charges”).
Periodic Statements. You agree to receive electronic periodic statements for your Card. Electronic statements are made available each month at www.mytransCard.com. If you wish to receive a paper periodic statement instead of an electronic periodic statement, you may elect this option by writing to Customer Service, 1301 Riverfront Parkway, Ste. 112, Chattanooga, TN 37402. Please include your name, Card number and the request of paper statements. We will contact you at the information provided at the time of Card set-up for confirmation of requesting a paper statement. We may choose to charge you a fee per Statement if you request a paper statement. You agree that these are reasonable procedures for sending and receiving periodic statements.
Website Availability. Although considerable effort is expended to make our website and other means of communications and access available around the clock, we do not warrant these forms of access to be available and error free at all times. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we 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, and armed conflicts.
Systems and Software. We shall not be responsible to you for any loss or damages suffered by you as a result of the failure of systems and software used by you to interface with our systems or systems and software utilized by you to initiate or process Banking transactions, whether such transactions are initiated or processed directly with our systems or through a third-party service provider. You acknowledge that you are solely responsible for the adequacy of systems and software utilized by you to process Banking transactions and the ability of such systems and software to do so accurately.
Notice of Lost or Stolen Cards/Unauthorized Activity. You agree to immediately notify us of the loss, theft or unauthorized use of the Card and the loss, theft or unauthorized or inadvertent disclosure of any number (including a PIN), secret word or code that might be used to access Card funds. If you believe that the Card, PIN, or code has been lost or stolen or that someone has transferred or may transfer value from the Card without your authorization, you should immediately contact us at the address or phone number listed below in “In Case of Errors or Questions About Card Transactions.”
You agree to cooperate reasonably with us in our attempts to recover funds from, and to assist in the prosecution of, any unauthorized users of your Card. If you authorize another person to use the Card, you agree to be liable for all transactions arising from the use of the Card by that person, to the fullest extent permitted by law.
Our Liability for Failing to Make Transfers. If we do not complete a transaction to or from the Card on time or in the correct amount according to our Agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
a) if, through no fault of ours, your Card funds are insufficient for the transaction or are unavailable for withdrawal (for example, because they have not been finally collected or are subject to legal process);
b) if a computer system, or POS terminal was not working properly and you knew about the problem when you started the transaction;
c) if a merchant refuses to honor the Card;
d) if circumstances beyond our control (such as fire, flood, terrorist attack, or national emergency) prevent the transaction, despite reasonable precautions that we have taken;
e) if an employee of a “load network” did not properly transmit information to TransCard;
f) if the Card has been reported as lost or stolen, has been suspended by us, or we have reason to believe the transaction is not authorized by you;
g) if you attempt to use a Card that has not been properly activated;
h) as otherwise provided in this Agreement.
ELECTRONIC FUNDS TRANSFER DISCLOSURES
Types of Transactions. You may use your Card and PIN to pay for purchases only from Accepting Merchants.
Telephone Access. You may access your Account(s) by telephone at 1-800-416-6373 using a touch tone phone, your account number(s), and your personal identification number.
Point-of-Sale Transactions. You may access your account to purchase goods or services from an Accepting Merchant in person, by phone, or by computer.
Computer Access. You may access your accounts by computer through the Internet at www.mytransCard.com using your account number and password to:
1. Get balance information.
2. View recent activity.
3. Set up alerts.
In Case of Errors or Questions About Card Transactions. If you think your periodic statement or receipt is wrong or if you need more information about a transaction listed on the periodic statement or receipt, please contact TransCard Customer Service at 1-800-416-6373, or write to TransCard Customer Service, 1301 Riverfront Parkway, Ste. 112, Chattanooga, TN 37402. We must hear from you no later than 60 days after we made available the FIRST periodic statement on which the transaction in question or the error appeared. When notifying us: (i) tell us the name, address, and Card number of the Cardholder; (ii) describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and (iii) tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit the Card within 10 business days for the amount you think is in error so that you will have the use of the value during the time it takes us to complete the investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit the Card. We will tell you the results within three (3) business days after completing our investigation and we will correct any error promptly. For errors involving new Cards, point-of-sale transactions, we may take up to 90 days to investigate your complaint or question. For new Cards, we may take up to 20 business days to credit your Card for the amount you think is in error. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Your Liability for Unauthorized Transfers. Tell us AT ONCE if you believe your Card or PIN (or any password or code used to access your account or Card funds) has been lost or stolen or if you believe that an electronic funds transfer has been made without your permission. Calling TransCard Customer Service at 1-800-416-6373 is the best way of keeping your possible losses down. You could lose all the money on your Card. If you tell us within two (2) business days after you learn of the loss or theft of your Card or PIN or unauthorized transfer, you can lose no more than $50.00 if someone used your Card or PIN or other code without your permission. If you DO NOT tell us within two (2) business days after you learn of the loss or theft of your Card or PIN or the unauthorized transfer, and we can prove that we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500.00. You agree that any unauthorized use does not include use by a person to whom you have given authority to use the Card or PIN and that you will be liable for all such uses and funds transfers by such person(s).
Also, if your periodic statement shows transactions that you did not make, including those made by Card, PIN or other code or by other means, tell us AT ONCE. If you do not tell us within 60 days after the periodic statement was first made available to you, you may not get back any Card value you lost after the 60 days if we can prove that we could have stopped someone from taking the Card value if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from learning of the unauthorized transaction and telling us, we will extend the time periods.
Preauthorized Payments from Your Card. If you intend to use the Card to preauthorize payments for recurring purchases or obligations, you should monitor your balance and keep funds loaded to the Card to cover the transactions. Preauthorized payments are payments that you authorize to be automatically deducted from your Card each month with or without any further action on your part. Examples of merchants that you may pay by preauthorized payment include medical providers, insurance companies that automatically charge monthly premiums to the Card, and the like. Because the Card is prepaid and does not carry a credit line, these merchants may suspend or cancel your service if you don’t have enough value left on the Card when that preauthorized payment comes due. This could be important if the recurring charge is for an essential service.
If you have told us in advance to make regular payments out of your Card Account, you can stop any of these payments by calling TransCard Customer Service at 1-800-416-6373, or write us at TransCard Customer Service, 1301 Riverfront Parkway, Ste. 112, Chattanooga, TN 37402, in time for us to receive your request at least three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.
If these regular payments vary in amount, the person you are going to pay will tell you ten (10) days before the payment is due, when it will be deducted from your Card value and how much it will be. If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Merchants Illegal for Minors. The Card may not be accepted by certain types of merchants whose goods or services are not legal for minors. Examples of such merchants include casinos, gambling websites, and adult entertainment merchants. Although not likely to be Accepting Merchants, if you obtained the Card to use specifically at these types of merchants, you may not be satisfied with the Card.
Non Assignability. You may not assign or transfer this Agreement or any of your rights or obligations under this Agreement. Any attempt to the contrary shall be null and void. This Agreement shall be binding on you, your executors, administrators, and any permitted assigns.
Severability. If any of the terms of this Agreement are invalid, changed by applicable law or declared invalid by order of court 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, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESSED OR IMPLIED, REGARDING THE CARD, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
RIGHT TO BRING CIVIL ACTION
Limited Liability. WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, 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, MERCHANT OR ATM EQUIPMENT OR 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 DIRECT DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, 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 PROHIBITED BY LAW.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR WILLFUL MISCONDUCT BY THE BANK OR TRANSCARD SHALL BE LIMITED TO THE TOTAL AMOUNT TO BE LOADED ON THE CARD (SUBJECT TO LOAD LIMITATIONS OF THIS AGREEMENT) IF THE NEGLIGENCE OR MISCONDUT RELATES TO LOADING VALUE, OR THE AMOUNT OF THE AUTHORIZED TRANSFER OF VALUE ATTEMPTED (SUBJECT TO TRANSFER AND PURCHASE LIMITATIONS OF THIS AGREEMENT) IF THE NEGLIGENCE OR MISCONDUCT RELATES TO VALUE TRANSFER TRANSACTONS, AND FOR ANY OTHER NEGLIGENCE OR MISCONDUCT THE MAXIMUM LIABILITY SHALL BE $10,000.00.
Change in Terms. Subject to the limitations of applicable law, we may at any time add to, delete, or change the terms of this Agreement by sending you a notice. We will give you notice at least 21 days before the effective date of any change if the change would result in: (i) increased fees you would be required to pay; (ii) increased liability for you; (iii) fewer types of available electronic fund transfers; or (iv) stricter limitations on the frequency or dollar amount of transfers.
Advance notice may not be given, however, if we need to make the change immediately in order to maintain or restore the security of the Card or Card Account or any related payment system. If any such change becomes permanent and disclosure to you of the change would not jeopardize the security of the Card or any related payment system, we will provide notice to you within 30 days from making the change.
Questions. ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH YOUR CARD MUST BE DIRECTED TO TRANSCARD AND NOT TO THE BANK. TransCard is responsible for customer service and for resolving any errors in transactions made with your Card. Please see the information above regarding the operation and use of your Card. If you have questions regarding your Card, you may call TransCard Customer Service at 1-800-416-6373.
Change of Address. If your U.S. mail or postal address changes, you must immediately notify TransCard Customer Service at 1-800-416-6373. Failure to do so may result in information regarding the Card or Card Account being mailed to the wrong person or your transactions being declined. In such event, we shall not be responsible for any resulting misuse of funds available in the Card Account. Any notice given by us shall be deemed given to you if mailed to you at the last U.S. mail address for the Card Account furnished by you. You agree that we may accept changes of address from the U.S. Postal Service. You also agree that if you attempt to change your address to a non-U.S. address, your Card Account may be cancelled and any remaining funds in the Card Account, less amounts owed to us (e.g. fees and charges), will be transferred to the Foundation and we will have no further liability for such funds.
Governing Law, Court Proceedings, Damages, Arbitration. This Agreement will be governed by, construed, and enforced in accordance with federal law and the laws of the State of Virginia and any actions or proceeding with respect to this Agreement or any services hereunder shall be brought only before a federal or state court in Virginia. You agree to pay upon demand all of our costs and expenses incurred in connection with the enforcement of this Agreement. If we are served garnishments, summonses, subpoenas, orders or legal processes of any type, we are entitled to rely on the representations therein and may comply with them in our own discretion without regard to jurisdiction. You agree that any legal action involving this Card or Card Account must be brought within one (1) year of the date the cause of action arose. You and we both waive our right to trial by jury, punitive, and exemplary damages, as well as damages in tort, including but not limited to emotional distress, unless caused by a willful and malicious act, which in the case of unauthorized disclosure of private or confidential information must also be defamatory.
Taxes. You acknowledge and agree that we are not obligated to determine whether any federal, state, or local tax applies to any transaction involving the use of your Card, nor are we responsible for collecting, remitting, or reporting any sales, use, income, or other taxes arising from any such transactions.
No Waiver. No failure by us to enforce the performance of any provision of this Agreement or to impose any fee or other amount allowed hereunder will constitute a waiver by us of our right to subsequently enforce such provision or any other provisions of this Agreement or to impose such fees or other amounts pursuant hereto.
Miscellaneous Provision. If you or your Card Account becomes involved in any legal proceedings, your use of the Card Account may be restricted. You agree not to use the Card Account in any illegal activity. We shall be entitled to act upon any legal process served upon us that we reasonably believe to be binding, with no liability to you for doing so. You understand that supervisory personnel may randomly monitor customer service telephone conversations to ensure that you receive accurate, courteous, and fair treatment. If you ask us to follow instructions that we believe might expose us to any claim, liability, or damages, we may refuse to follow your instructions or may require a bond or other protection, including your agreement to indemnify us. You agree to be liable to us, to the extent permitted by law, for any loss, costs, or expenses that we may incur as a result of any dispute or legal proceeding involving your Account. You authorize us to deduct any such loss, costs, or expenses from your Card Account without prior notice to you or to bill you separately. This obligation includes disputes between you and us involving your Card Account and situations where we become involved in disputes between you and a third party claiming an interest in your Card Account. It also includes situations where any action taken on your Card Account by you or a third party causes us to seek the advice of an attorney, whether or not we actually become involved in a dispute. Any action by us for reimbursements from you for any costs or expenses may also be made against your estate, heirs and legal representatives, who shall be liable for any claims made against and expenses incurred by us. If you provide a mobile phone number to us, or if you call us from a mobile phone, you consent to accept calls from us to your mobile phone, including collection calls. If a court finds any provision of this Agreement invalid or unenforceable, such finding shall not make the rest of this Agreement invalid or unenforceable. To the fullest extent possible, any such provision shall be deemed to be modified so as to be rendered enforceable or valid; however, if such provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable.
If you do not accept the terms, conditions, provisions, and rules set forth in this Agreement, you will not be able to keep or make use of the Card Account.
By activating your Card, you acknowledge and agree that:
You have read and agree to this Card Account Agreement and Disclosure Statement. MasterCard and the MasterCard Brand Mark are registered trademarks of MasterCard International Incorporated.
Your General Purpose Card is provided in conjunction with Access National Bank and while all customer inquiries are handled directly by TransCard, you may contact the Bank if necessary at 1800 Robert Fulton Drive, Suite 310, Reston, Virginia 20191 or 703-871-7380 or visit us at www.AccessNational.com
Schedule of Fees