You do not have to accept this benefits Card to receive your benefits. Ask about other ways to receive your benefits.
| Contact Us | |
| Customer Service | 1-855-643-6788 or the number on the back of your Card. Support is available Monday–Friday, 5:00 a.m.–11:00 p.m. Mountain Time; Saturday–Sunday 6:00 a.m.–6:00 p.m. Mountain Time. |
| Utility Reimbursement Card Services P.O. Box 71402 Salt Lake City, UT 84171 | |
| Cardholder Website | https://www.rentcafe.com/utilitycardservices |
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION (INCLUDING A CLASS ACTION WAIVER). IT IS IMPORTANT THAT YOU READ THE ARBITRATION SECTION CAREFULLY.
| Fee Schedule | ||
| Spend Money | ||
| Purchases | $0 | We do not charge a fee when you use your Card to make purchases in the U.S. with or without your PIN. Some merchants may charge fees for using a Card or getting cash back with your purchase. |
| Get Cash | ||
| In-Network ATM Withdrawal | $4.00 | This is our fee that will be charged each time you withdraw funds at an ATM that is In-Network. In-Network ATMs are Allpoint ATMs that can be located https://www.allpointnetwork.com/locator. This fee will be waived for the first withdrawal each month. |
| Out-of-Network ATM Withdrawal | $4.00 | This is our fee that will be charged each time you withdraw funds at any ATM that is NOT In-Network. The owner or operator of the ATM may charge additional fees. |
| Teller Assisted Cash Withdrawal | $0 | We do not charge a fee when you get cash from your Card by visiting a Visa-member bank and conducting a cash withdrawal or cash advance with a teller. |
| Information | ||
| ATM Balance Inquiry | $0.50 | This is our fee that will be charged each time you obtain your balance at an ATM. The owner or operator of the ATM may charge additional fees. |
| Other | ||
| Card Replacement | $0 | We do not charge a fee to replace your Card. |
| ACH Transfer | $0 | We do not charge a fee for ACH Transfers. |
INTRODUCTION
1. Activation and Acceptance. By activating, accepting, or using the Utility Reimbursement Disbursement Card (“Card”), you agree to be bound by this Cardholder Agreement, including any Fee Schedule provided with your Card (“Agreement”). Please read it carefully and keep it for your records. This Agreement is between the person who owns, receives, accepts, or uses a Card (“you”, “your”) and Emprise Bank (“Bank”, “we”, “us”, “our”). Your Card is a Visa®-branded prepaid debit Card issued by Emprise Bank, Member FDIC, pursuant to a license from Visa U.S.A. Inc. Program management and customer servicing are performed by Yardi Systems, LLC (“Yardi”) and its authorized service providers on behalf of the Bank. The Agreement may be amended from time to time (see Section 41), and a current version of these terms is available at the Cardholder Website. The meaning of capitalized terms may be found throughout.
2. Card Purpose. Your Card and the associated prepaid account (“Account”) is issued in connection with a government program and intended for your use in receiving and using certain government benefits or disbursements from a particular government agency (the program “Sponsor”). The Card is not a credit card and is not connected to any other account. You will not earn interest on funds on your Card. Your Card may be a physical card or digital credentials that access funds on the Card. This Card is intended for personal, family or household use only, and all use is subject to the terms and conditions in this Agreement, any applicable Card or other payment network rules, applicable law, and any other guidelines provided to you by your Sponsor. Using your Card for any other purpose, including business purposes or illegal or fraudulent purposes may result in suspension or closure of your Card. If you do not agree to these terms, do not activate the Card and contact the Sponsor regarding alternative payment methods.
3. Funds Ownership and Deposit Insurance. Funds on the Card are owned by the named cardholder and held at Emprise Bank, Member FDIC. Funds on the Card are insured by the FDIC against loss resulting from bank failure up to the maximum allowed by law for the benefit of the named cardholder.
4. Collection of Identifying Information. To help the government fight the funding of terrorism and money laundering activities, federal law may require that we collect and verify identifying information for each person who obtains a Card. When you register a Card, or when your Sponsor registers a Card for you, we may request and collect certain identifying information, like your name, address, date of birth, Social Security Number or other tax identification number, and other information needed to identify you. We may use this information to verify your identity. We reserve the right to request additional information or identifying documents at any time. If we request and you fail to promptly provide additional information or identifying documents, we may freeze, suspend or close your Account at our discretion.
5. Role of your Sponsor.
a. Your Sponsor has arranged with us for you to receive the Card and for you to receive payments from your Sponsor on the Card. Your Sponsor may send information to us about you, like your name, address and other identifying information to open your Card. Some sponsors may require that you update your address with them.
b. Your Sponsor is responsible for transferring funds to us to add to or “load” your Card. We will make funds available to you only in the amounts designated by the Sponsor. Your Sponsor may retain the right to deduct funds from your Card in order to correct a previous error or overpayment to you or for other reasons. For example, we may return funds loaded to your Card to your Sponsor if you fail to activate your Card or select your PIN within 90 days from the date the Card was issued; if we are unable to deliver your Card to you by regular mail; or if funds are deposited to your Card in error. We may also return funds to your Sponsor if we or your Sponsor reasonably determine that an Account or a Card has been obtained through fraudulent or unlawful means, or used for the purpose of unlawful activity, or if we place a “freeze” on your Account or Card based on suspected irregular, unauthorized, or unlawful activities associated with your Account or Card. You hereby authorize us to accept instructions from your Sponsor that credit or debit funds to or from your Card, and, in the case of debits, to return funds to your Sponsor. If you have a dispute with your Sponsor about the amount of funds you have received or will receive, you agree not to involve us in that dispute and to resolve that dispute with your Sponsor. If you have any questions about the benefits you receive from the Sponsor or if you no longer agree to receive benefits from the Sponsor by means of the Account, you must contact the Sponsor.
c. Except as set forth in this section, your Sponsor is not responsible for any claims by you in connection with the Card and this Agreement.
6. Business Days. Our business days are Monday through Friday. Holidays are not included.
HOW TO USE YOUR CARD
7. Activate and Select a PIN. You must activate your Card before you can use it. Call us at the number shown in the Contact Us section to activate your Card and select a PIN. It is important to keep your PIN safe and secure. Do not share your PIN with others. Do not write your PIN on your Card.
8. Available Transactions. Subject to the availability of funds on your Card, you may use your Card to receive and spend money as described in this Agreement, including (a) making purchases, including receiving cash back at the point of sale, (b) conducting ATM withdrawals (See Section 18), (c) transferring funds to your account at another financial institution, and (d) getting cash from a teller at a Visa-member bank (See Section 20). See the Fee Schedule for fees and limitations that may apply.
9. Immediate Debits. Any time you use your Card to conduct a transaction, you authorize us to debit your Card for the amount of the transaction and any applicable fees.
10. No Illegal Use. You agree not to use your Card for illegal gambling or any other illegal purpose. Display of a payment card network logo by a merchant does not necessarily mean that transactions with that merchant are lawful in all jurisdictions in which you or the transaction may be located. We reserve the right to decline any online gambling transaction or other transaction we suspect is illegal.
11. Routing and Account Number. There is no routing and account number available for conducting Automated Clearing House (“ACH”) transactions, also known as direct deposit transactions, with your Card. Attempts to add funds to your Card by ACH will be declined.
12. Fees. All fees we charge are listed in the Fee Schedule in this Agreement. These fees will be charged at the time the transaction is conducted. Some ways to access funds or information about your Card may also incur third party fees like mobile carrier fees for text messages and data use, or fees charged by ATM owners or operators.
RECEIVING MONEY
13. Adding Money to Your Card. Only your Sponsor may add funds, also known as “loading” your Card, at any time. You are not permitted to add funds to your Card or receive funds from other parties.
14. Funds Availability; Maximum Balance. Funds added to your Card by your Sponsor will generally be available the next business day after we receive funds from your Sponsor. Funds may be delayed for a longer period if there is an emergency, such as failure of computer or communications services, if we need to hold them to investigate fraud or to protect the security of your Account, or another limit applies under this Agreement or applicable law. The maximum balance you may maintain on your Card is $10,000. At our discretion, we may allow a load in excess of this maximum. If such a load is permitted to post to your Card on one occasion, there is no guarantee that any load(s), in any form, in excess of the disclosed limits will be permitted in the future.
SPENDING MONEY
15. Limitations on Transactions. Generally, you can make purchases or withdrawals up to the Available Balance on your Card. For security reasons, there are limits on the number and amount of transactions you can conduct with your Card during certain time frames:
| Transaction | Limitations |
| ACH Transfer to External Account | You may transfer up to $5,000 per day and $10,000 per month to your eligible External Account. |
| PIN Purchase | You may conduct PIN Purchases for up to $2,000 per transaction. |
| Signature Purchase | You may conduct Signature Purchases for up to $2,000 per transaction. |
| Point-of-Sale Daily Limit | $1,000 |
| Daily ATM Withdrawal Limit | $305 |
| Per Transaction ATM Withdrawal Limit | $305 |
| Daily Over-the-Counter Limit | $305 |
| Total Daily Cash Withdrawal | $305 |
| Total Daily Limit (POS, cash adv., ATM w/d) | $1,300 |
| ATM Count Withdrawals | 3 |
Daily limits are based on a 24‑hour period. There may be additional limitations on the amount, number or type of transaction you can conduct using your Card that are not disclosed here to protect the security of your Card. Limits are subject to change from time to time. You will receive prior notice of such changes to the extent required by applicable law.
16. Exceeding Your Balance; Overdrafts. Generally, you are not permitted to conduct a transaction that exceeds the [Available Balance] for your Card. Attempts to spend more than your [Available Balance] will be declined. If a transaction that exceeds your [Available Balance] occurs, you will be liable to us for any resulting negative balance. Negative balances may be deducted from future loads.
17. Purchases. You may conduct purchase transactions for goods and services anywhere Visa is accepted, and some merchants may offer you the option to request cash-back at the time of purchase. Your Account will be debited for the amount of any purchase and associated fee.
a. Holds Upon Authorization. When you conduct a transaction with your Card, there may be a hold reducing the [Available Balance] on your Card for the amount of the transaction as communicated to us by the merchant. Transactions with some merchants (like restaurants, car rentals agencies, hotels, salons, and pay-at-the-pump gas stations) may authorize in an amount that may be greater or smaller than the actual transaction. If the amount of the authorization requested exceeds your [Available Balance], your transaction will be declined. If the transaction is authorized, funds equal to the authorized amount will be held and not available for use in other transactions until the hold is released by the merchant or the transaction settles. Transaction settlement can take up to 7 days, though certain travel and lodging related transactions may take longer. In some cases, the authorized amount may be held for a period of time even if you do not complete the transaction.
b. Split Transactions; Rescinded Transactions; Failure or Honor. If you do not have enough money on your Card to complete a transaction, the merchant may allow you to split the purchase between one or more payment types. If you authorize a purchase but do not make the purchase as planned, the authorized amount will be held until the authorization expires or is released by the merchant, which may take up to 30 days. We will not be liable to you for any merchant’s failure to honor or accept the Card.
c. Recurring Payments; Right to Stop Payment; Notice of Varying Amounts. If you have preauthorized payments with your Card, you can stop any of these payments. Here’s how: Call us at the telephone number listed in the Contact Us section. You must make your stop request in time for us to receive your request three business days or more before the payment is scheduled to be made. Your stop request must include information necessary to identify the preauthorized payment. If you make your stop request in time for us to receive it at least three business days before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages. If these regular payments vary in amount, the person you are going to pay is required to tell you, 10 days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
d. Returns and Refunds. If you authorize a purchase of goods or services, and there is a problem or dispute with the purchase, you must address it directly with the merchant involved. Refunds and returns are subject to the merchant’s policies or applicable law. If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card in place of cash.
18. ATM Withdrawals. You may use your Card at ATMs to make cash withdrawals. You may be required to provide your PIN at the ATM. Refer to the Fee Schedule for information on the fees that may be charged for withdrawals at in-network ATMs and out-of-network ATMs. The ATM operator may charge fees and impose additional limits on your use of the Card at the ATM (including for a balance inquiry even if you do not complete a fund transfer).
19. Funds Transfers. Using your login credentials for our website listed in the Contact Us section, you can arrange for individual ACH transfers from your Card to your eligible checking or savings account at another financial institution (an “External Account”). By initiating a funds transfer, you represent that you own and are authorized to use the External Account, that the External Account is established and held by a bank or credit union in the United States, and that all information you provide about the External Account is accurate and complete. We may rely on the account and routing number you provide for the External Account, and we are under no obligation to verify it, even if other information you provide does not match our records.
20. Teller Assisted Cash Withdrawal. You can get cash from your Card by visiting a Visa-member bank and conducting a cash withdrawal or cash advance with a teller.
21. Using Your Card Outside the U.S. You are not permitted to use your Card for transactions at terminals or with merchants outside the U.S. or in a currency other than U.S. dollars. However, if a merchant that accepts your Card processes the transaction outside of the United States or in a foreign currency (“Foreign Transaction”), you are still responsible for the transaction. If the Foreign Transaction is made in a foreign currency, Visa will convert the transaction into a U.S. dollar amount, using a currency conversion rate that Visa selects, and then charge your Account for the U.S. dollar amount in order to complete your transaction. The currency conversion rate we use may be different than the rate that we or Visa receives, and we or Visa may profit from that difference.
22. Use by Others. You are the only person permitted to use the Card. You may not transfer your Card or permit another person to have access to your Card. If you do provide access to your Card to another person, you are liable for all transactions and fees incurred by such person. You must notify us in writing to revoke permission for any person you previously authorized to use or access your Card.
HOW TO GET INFORMATION
23. Electronic Card Balance and Transaction Information. You may obtain information about the amount of benefits you have remaining by calling the telephone number listed in the Contact Us section. That information may also be available on the receipt you get when you make a transfer with your Card at an ATM or when you make a balance inquiry at an ATM. Your transaction history covering at least 12 months is available on our website (https://www.rentcafe.com/utilitycardservices) and shows all Card activity, including loads, debits, and any fees we have charged
24. Written Access. You will not automatically receive written or mailed statements for your Card. A written transaction history covering up to two years may be requested at any time by calling or by writing to us at the telephone number or address listed in the Contact Us section. You will not be charged a fee for this written transaction history unless we disclose a fee for this service in the Fee Schedule and you request a written transaction history more than once per month.
25. Confirmation of Loads. You can confirm whether loads were received by visiting our website or calling us (see Contact Us section).
26. Receipts. You can get a receipt at the time you make a debit from your Card from the merchant or ATM you use.
HOW TO RESOLVE ISSUES
27. Lost or Stolen Card or PIN. Tell us AT ONCE if you believe your Card or PIN has been lost or stolen or if you believe an electronic fund transfer has been performed without your permission. Telephoning is the best way to minimize potential losses. You could lose all the money in your Account. Call us at the number in the Contact Us section to report the loss. You may also write to us at the address in the Contact Us section.
28. Your Limited Liability. You are generally protected from liability for unauthorized transactions. However, if your transaction history shows transfers that you did not make, including those made by your Card, Card or Account number, PIN or other means, tell us at once. If you do not tell us within 60 days after the earlier of the date you electronically access your Account, if the transaction could be viewed in your electronic history, or the date we sent the FIRST transaction history on which the unauthorized transfer appears, but in any event no later than 120 days after the unauthorized transfer or transaction was credited or debited to your Account, you may not get back any money you lost after the applicable 60 or 120 day period if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
29. Our Liability. If we do not complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we will 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, you do not have enough money in your Account to make the transfer.
b. If the ATM where you are making the transfer does not have enough cash.
c. If the terminal or system was not functioning properly and you were aware of the breakdown when you started the transfer.
d. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
e. There may be other exceptions stated in the Agreement with you.
30. Reporting Questions or Errors. In case of errors or questions about your Card, like questions about your transaction history or if you suspect unauthorized use of your Card, call us immediately (see Contact Us section). We must allow you to report an error until 60 days after the earlier of the date you electronically access your Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared, but in any event no later than 120 days after the transfer or transaction allegedly in error was credited or debited to your Account. You may request a written transaction history of your transactions at any time by calling us or writing to us (see Contact Us section). When requesting a written transaction history or reporting an error, you will need to tell us: (a) your name and other information like your Card number that allows us to identify your Account; (b) why you believe there is an error, and the dollar amount involved; and (c) approximately when the error took place.
31. Verbal Reports of Error. If you tell us about an error verbally, we may require that you send us your complaint or question in writing within 10 business days.
32. Investigation and resolution. 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 your Account within 10 business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. This credit may be referred to as a “Provisional Credit.” If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, you may not be eligible for a Provisional Credit. We will tell you the results within three 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. If you need more information about our error resolution procedures, please call us (see Contact Us section).
33. Exceptions for New Accounts. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your Account for the amount you think is in error.
34. Adjustments to your Card. If we, or you, or your Sponsor, make an error on your Card, we can fix the error without first notifying you. For example, if funds were added or removed from your Card in error, we can fix that error without special notice to you. The correction will normally appear on your transaction history.
OTHER MATTERS
35. Card Expiration & Replacement. Your Card is valid through the expiration date shown on the front of your Card. The funds on your Card do not expire. If we do not send you a new Card before the expiration date, you should call us to request a replacement Card. You may also request a replacement Card at any time if your Card is lost or stolen, or if you believe the security of your Card or Account may have been compromised. To request a replacement Card, please call us at the number listed in the Contact Us section.
36. Duty to Protect Your Card and Access Credentials. It is your responsibility to protect your Card and the information that can be used to access your funds, including your physical Card or access credentials, Card number, PIN, user name or password for logging into our website, and any services like mobile wallets to which you have added your Card. If you furnish your Card and/or the information that can be used to access your Card and grant actual authority to conduct transactions to another person (for example, a family member or co-worker), who then exceeds that authority, you are liable for the transactions they conduct unless we have been notified in writing by you that transactions by that person are no longer authorized.
37. Duty to Examine Transaction History. Because you are in the best position to discover any problem with your Card, you agree to promptly examine your transaction history and report to us any problem on or related to your Card. Failure to promptly report problems may impact our ability to investigation or address the issue and your liability for the problem. (See Sections 30, “Reporting Questions or Errors,” and 28, “Your Limited Liability.”)
38. Duty to Update Contact Information. You should ensure the contact information we have for you is accurate and current. Important notices and information are sent to the address or telephone number in our records. You may have to update your contact information with your Sponsor in order to update the information in our records. We may update our records if we receive notice of change in address from the U.S. Postal Service or from your Sponsor.
39. Preventing Fraud; Card Freezes. You play a key role in preventing fraud on your Card by keeping your Card safe, avoiding irregular transactions, reviewing your transaction history, and quickly reporting any concerns or errors. If we suspect irregular, fraudulent, unlawful, or other unauthorized activity involving your Card (including if your Sponsor reports to us that you are not eligible to receive payments), we may play a hold on your Card, freeze your ability to make transactions with your Card, or close your Card and delay return of any remaining balance. We may attempt to notify you of such action, but we are not required to do so. We may maintain such holds until all claims against you or us associated with the funds held have been resolved.
40. Other Restrictions. You may not assign, pledge, or grant a security interest in your Account or Card, and we reserve the right not to recognize or accept any attempted assignment, pledge, or security interest.
41. Amendment, Termination and Other Rights
a. We may at any time change or terminate these terms and conditions, or transfer our rights under this Agreement. We do not give up our rights by delaying or failing to exercise them at any time. If any term of this Agreement is found by a court to be illegal or unenforceable; all other terms will still be in effect. Current terms are always available on our website (see Contact Us section). You will be notified of any change in the manner required by applicable law. However, if the change is made for security purposes, we can implement such change without prior notice. We may terminate or suspend this Agreement or any features or services of the Card described herein at any time.
b. You may close your Account at any time without incurring a fee. Account termination or closure, whether by you or us, will not affect prior transactions or obligations relating to your Account existing at the time of termination. If your Card is closed for any reason, you authorize us to reopen your Card to process transactions approved before closure or for other purposes consistent with applicable law. Any remaining balance will be returned to you by check [at your request], or in accordance with the requirements of your Sponsor. To avoid interruptions in payments from your Sponsor after your Card is closed, you will need to contact your Sponsor and select a new method for receiving future payments. If this Card is the only option your Sponsor provides for receiving payments, your Sponsor may require you to reopen your Account or obtain a new Card.
42. Abandonment; Dormant Accounts. If your Card remains inactive for an extended period of time, we may be required to close your Account and return funds to your Sponsor or deliver funds to an unclaimed property office in a state where you or we are located or as required under applicable law. Once the funds are delivered, your Account will be closed, the funds will no longer be available through the Card or the Account, and we will have no further liability to you for those funds. You must apply directly to the appropriate state authority to reclaim any delivered funds. We are not liable for any loss resulting from our good-faith compliance with applicable unclaimed property laws.
43. Cellular Phone Contact Policy and Call Recording. By providing us with a telephone number, including a telephone number for a cellular phone or other wireless device, or a number that you later convert to a cellular number, you are expressly consenting to receiving communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—from us and our affiliates and agents at that number. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls for non-marketing purposes. Calls and messages may incur access fees from your cellular provider. From time to time, we may monitor telephone calls you make to us or our agents.
44. Disclosure of Card Information. Our privacy notice, which is provided to you at account opening and available on the website listed in the Contact Us section, discloses the information we collect and may share for marketing purposes and your rights to control those uses. To service your Card, we will disclose information to third parties about your Card or the transfers you make: (i) where it is necessary for completing transfers, (ii) in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant, (iii) in order to comply with government agency or court orders, (iv) as otherwise permitted by applicable law, or (v) if you give us your written permission.
45. Sponsor Claims and Third-Party Claims. If the Sponsor or a third party makes a claim against funds in your Account, or if we have reason to believe there is or may be a dispute over matters such as the ownership of your Account or the authority to withdraw funds, we may, in our sole discretion and in accordance with applicable state or federal law (a) continue to rely on enrollment information or other Account documents or information about your Account, (b) honor the competing claim upon receipt of evidence (or any court or administrative order) we deem satisfactory to justify such action, (c) freeze all or part of the funds until the dispute is resolved to our satisfaction, (d) pay the funds into an appropriate court of law for resolution, or (e) follow the written instructions of all interested persons, including you. We may take any of these actions even if your Account is closed.
46. Legal Process Affecting Your Card. You agree that for purposes of this section, we may treat your Card as existing in our main office in Kansas. You understand and agree that a creditor or government agency may attach your Card by service of legal process on any of our locations, at any site designated by us for acceptance of service of process, on any appointed agent of our, or any other method authorized by law, court rule, or regulation. We may accept and comply with legal process served by any means. If we receive any legal process affecting the Card that we believe to be valid, we may accept and act on such process by withholding transfer of so much of the balance of the Card as may be subject of such process. Legal process includes, but is not limited to, the following: any writ of attachment, adverse claim, execution, garnishment, tax levy, restraining order, subpoena or warrant. We may, but are not required to, provide notice of legal process affecting the Card. We may collect fees associated with the receipt and processing of such orders as permitted by law.
If we are served with any legal process that tries to attach or in some way prevent you from freely using your funds, you give us the right, but we are not obligated to, hold any portion of the funds during any time necessary to determine whether the funds in your Card are subject to the legal process. You agree that we may deposit the funds with any court which we deem to have jurisdiction over us or your Card and ask that court to determine to whom the funds belong, in accordance with applicable state or federal law without responsibility to you for such withholding or payment or for refusal to honor transfers made by you. You agree to reimburse us for our expenses, including reasonable attorney’s fees and expenses, arising out of the services of legal process on us and our response to it. We may take any of these actions even if your Account is closed.
47. Governing Law and Forum Selection. This Agreement is governed by the law of the state of Kansas. Unless you and Emprise Bank agree otherwise, to the greatest extent permitted by law, the state and federal courts in Wichita, Kansas will have exclusive jurisdiction over any disputes (except for disputes brought in small claims court) that are not subject to the agreement to arbitrate in Section 49 (Resolution of Disputes by Arbitration) of this Agreement. You and Emprise Bank consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or venue in such courts, including any claim that such venue is inconvenient.
48. Severability. If any term of this Agreement is found by a court to be illegal or unenforceable; all other terms will still be in effect.
49. Resolution of Disputes by Arbitration.
PLEASE READ THIS PROVISION CAREFULLY. UNDER THIS PROVISION, YOU WAIVE YOUR RIGHTS TO TRY ANY COVERED CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS OR OTHER REPRESENTATIVE ACTION.
The following provision applies to any claim, cause of action, proceeding, or any other dispute between you, on the one hand, and us, our respective parents, subsidiaries, affiliates, agents, employees, predecessors- in-interest, personal representatives, heirs and/or successors, and assigns, on the other hand (each a “Claim” as further defined under the heading “Claims Covered by Arbitration”), including all questions of law or fact related thereto.
a. Agreement to Arbitrate. Either you or we may elect in writing, and without the consent of the other, to arbitrate all Claims covered by this provision.
b. Claims Covered By Arbitration. Claims subject to our agreement to arbitrate shall include all of the following: (i) Claims related to or arising out of this Agreement, or any prior or later versions of this Agreement as well as any changes to the terms of this Agreement; (ii) Claims related to or arising out of any aspect of any relationship between us that is governed by this account Agreement, whether based in contract, tort, statute, regulation, or any other legal theory; and (iii) Claims that relate to the construction, scope, applicability, or enforceability of this arbitration provision. Claims include Claims that arose before we entered into this Agreement (such as Claims related to advertising) and after termination of this Agreement.
c. Claims Not Covered by Arbitration. Claims subject to our agreement to arbitrate shall not include any Claim you file in a small claims court, so long as the Claim remains in such court and advances only an individual claim for relief.
d. Commencing an Arbitration. The party initiating arbitration must commence arbitration with the American Arbitration Association ( “AAA”) under AAA’s Consumer Arbitration Rules, except as modified by this account Agreement. AAA’s Rules may be obtained from www.adr.org or 1-800-778-7879 (tollfree). If the chosen arbitration forum is for any reason unable to serve, then the parties may agree to a comparable substitute organization. If the parties are unable to agree, then a court of competent jurisdiction shall appoint a substitute organization.
e. Arbitration Procedure. The arbitration shall be decided by a single neutral arbitrator selected in accordance with AAA’s rules, as applicable. The arbitrator will decide the dispute in accordance with the terms of our Agreement and applicable substantive law, including the Federal Arbitration Act and applicable statutes of limitation. The arbitrator shall honor claims of privilege recognized at law. The arbitrator may award damages or other relief (including injunctive relief) available to the individual claimant under applicable law. The arbitrator will not have the authority to award relief to, or against, any person or entity who is not a party to the arbitration. The arbitrator will take reasonable steps to protect customer account information and other proprietary or confidential information. Any arbitration hearing shall take place in the federal judicial district that includes your home address, unless you and we agree in writing to a different location or the arbitrator so orders. If all Claims are for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing in accordance with AAA’s rules. At your or our request, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s award shall be final and binding, subject to judicial review only to the extent allowed under the Federal Arbitration Act. You or we may seek to have the award vacated or confirmed and entered as a judgment in any court having jurisdiction.
f. No Class Action or Joinder of Parties. You and we agree that no class action, private attorney general, or other representative claims may be pursued in arbitration, nor may such action be pursued in court if either you or we elect arbitration. Unless mutually agreed to by you and us, Claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration (unless those persons are joint account owners or beneficiaries on your account and/or related accounts, or parties to a single transaction or related transaction). If this specific paragraph is determined by the arbitrator to be unenforceable, then this entire provision shall be null and void.
g. Arbitration Costs. Unless the applicable arbitration rules at the time of filing a Claim are more favorable to you, we will advance: (i) all arbitration costs in an arbitration that we commence, and (ii) the first $2,500 in arbitration filing, administration, and arbitrator’s fees in an arbitration that you commence. To the extent allowed by applicable law and our agreements, the arbitrator may award arbitration costs and attorneys’ fees to the prevailing party.
h. Applicable Law. You and we agree that you and we are participating in transactions that involve interstate commerce and that this provision and any resulting arbitration are governed by the Federal Arbitration Act. To the extent state law applies, the laws of Kansas apply. No state statute pertaining to arbitration shall apply.
i. Severability. Except as this provision otherwise provides, if any part of this provision is deemed to be invalid or unenforceable by the arbitrator, that part will be severed from the remainder of this provision and the remainder of this provision will be enforced.
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