Blackhawk Network California, Inc.
Reloadit™ Terms and Conditions
IMPORTANT – PLEASE READ CAREFULLY
IMPORTANT – PLEASE READ CAREFULLY
Thank you for choosing the Reloadit pack (“Reloadit Pack” or “Pack”) to add funds to your reloadable card account or other reloadable spending account or to pay bills. These Terms and Conditions (“Terms”) tell you how your Reloadit Pack works. Please read them carefully and keep them for future reference. Please also keep the cash register receipt you received when you purchased your Reloadit Pack. It tells you the amount of funds associated with your Reloadit Pack, and you will need it if you need to obtain a refund.
By using or allowing another person to use your Reloadit Pack, you agree to these Terms. If you do not agree to these Terms, do not use your Reloadit Pack. Instead, call customer service at 888‑633‑9434 to obtain a refund. We may change these Terms as described in Section 8 below.
In these Terms, “you” and “your” mean any person authorized to use the Reloadit Pack. “We,” “us,” and “our” mean Blackhawk Network California, Inc. (the issuer of your Reloadit Pack), our successors, affiliates, or assignees. “Reloadit Pack Number” means the unique number printed on the back of the Reloadit Pack.
- ESIGN Disclosures (for those customers who have established a Reloadit Safe).
- You have the right to have this disclosure provided via paper. After clicking the “Accept” button, you may request a paper copy of this consumer disclosure by calling 888‑633‑9434.
- You have the right to withdraw your consent to receive electronic disclosures by calling us at 888‑633‑9434. If you do, you will no longer be able to use your Reloadit Safe.
- Your consent to receive electronic disclosures applies to any current or future disclosures in connection with the Safe;
- To access and retain this disclosure and to use your Reloadit Safe, you must have the following: a PC with an Internet browser that supports 128 bit encryption; an Internet connection for the PC; an e mail address; and either a printer or sufficient electronic space to store this disclosure.
Electronic Contact Information
We will notify you of any changes to these Terms and Conditions by sending an e mail to the email address you use to establish a Reloadit Safe. If an email is returned as “undeliverable,” we will deliver the e mail to a secondary electronic mail address if we have one on file. If your e‑mail address changes, please contact us immediately at 888‑633‑9434. We will ask you to use any Packs in your current Safe promptly and open a new Safe with your new e‑mail address.
- Buying a Reloadit Pack.
You may buy a Reloadit Pack at participating retailers. To find a retailer near you, use the “Store Locator” at www.reloadit.com (the “Website”). When you purchase a Reloadit Pack, the Pack will indicate the minimum and maximum amounts you may place in your Reloadit Pack Account. You must also pay the initial fee printed on the Reloadit Pack (the “Purchase Fee”), which the cashier will collect. You agree to keep the register receipt you receive from the cashier in order to verify your Reloadit Pack purchase.
- How Your Reloadit Pack Works.
Your Reloadit Pack has no value until it is activated by the cashier when you buy it. After activation, the funds associated with your Reloadit Pack are not held on the Reloadit Pack itself. Instead, they are held in a special account at a bank. The Reloadit Pack allows you to access the funds held in that account. Neither your Reloadit Pack nor the funds associated with your Reloadit constitute a checking, savings, or other demand deposit bank account. The Reloadit Pack is not a credit card or a gift card. You will not receive any interest on funds associated with your Reloadit Pack. The funds associated with your Reloadit Pack Account are not FDIC insured.
The Reloadit Pack is not reloadable.
There is no pre‑set expiration date for the Reloadit Pack. The funds associated with your Reloadit Pack may be used until the balance is zero. However, some Reloadit Packs include an inactivity fee; see Section 4.
If disclosed on your Reloadit Pack, where permitted by law, after 12 months of inactivity, $5.95 per month per Pack
Inactivity Fee: Some Reloadit Packs disclose an Inactivity Fee. If those Packs are not used to make a Load or a Bill Payment for 12 consecutive months, the Inactivity Fee will be charged where permitted by law. If a Pack is used once the fee is charged, the fee will be stopped until another 12 consecutive months of inactivity occurs. We will not charge this fee for Packs that do not disclose it. We will not charge this fee for Packs that disclose it if applicable law prohibits it or if the pack was purchased in NJ.
- Using Your Reloadit Pack.
To use your Reloadit pack you will need to set up a Reloadit Safe (see Section 5.C below) and place your Pack into the Reloadit Safe.
The Reloadit Safe provides much broader functionality for your Pack(s). The Safe allows you to make multiple Loads with one Pack. You may schedule Loads for future dates. You may also use funds associated with Packs in your Safe to pay a wide variety of bills (the “Bill Pay Service” described in Section 6 below) for an additional fee. And you can view all of the past and future transactions you have made using the Safe.
Establishing and Using the Reloadit Safe (“Safe”)
To establish a Safe, click on “Sign Up” at the Website and follow the instructions. You will need to enter a valid e‑mail address and select a password and a four‑digit Safe Code (or “PIN”). For your security, you may only create one Safe per e‑mail address and two Safes per device (computer or mobile device). We may also limit the number of devices that you can use to access a Safe.
Once your Safe is established, you may add Packs to the Safe. For your security, we may limit the number of Packs you may have in your Safe at any one time. The maximum amount of funds associated with Packs that you may add to your Safe in any one day is $1,000. The maximum dollar amount of transactions you may make using the Safe (Loads and Bill Payments) in any one day is $1,000. The amount of funds associated with all of the Packs in your Safe may not exceed $10,000.
- Load a Spending Account
To Load Spending Accounts using the funds associated with one or more Packs in your Safe, click “Load a Card” and follow the instructions. You will need to indicate how much money you want to take from each Pack(s) to make the Load. The funds associated with one Pack must be used in full before you can select an additional Pack. Alternatively, you can ask us to select Packs for you. If you ask us to select your Packs, we will take funds from the oldest Pack first; if the amount of your Load exceeds the funds associated with your oldest Pack, we will take funds from the next‑oldest Pack, and so forth (“first‑in, first‑out”). We recommend this first‑in, first‑out method, because it will help you avoid monthly inactivity fees (if you leave a Pack in your Safe for a long time without using it, that Pack may be subject to a fee as described in Section 4 above). Then click “Load Now.”
- Scheduled Loads
To schedule Loads for a future date, click “Load a Card” and select your Packs (or have us select them) as before, but then click “Schedule a Load” to bring up the calendar. Then select the date you want your Load to be made. You may schedule Loads up to 30 days in advance, but you must schedule loads no later than 11 am PT on the day before you wish the Load to be made. When you schedule Loads, we place a “hold” on the funds associated with the Pack(s) you select (or have us select) to make sure you don’t use those funds before the Load is scheduled.
- Paying Bills
To use the funds associated with your Reloadit Pack to pay bills, click “Pay a Bill” and select the company you want to pay (“Biller”). Then follow the instructions. Additional fees apply for paying bills; see Section 4 or Section 6.D. The amount you ask us to pay and any applicable fee will be deducted from the Reloadit Pack(s) you designate (or ask us to choose). See Section 6 for additional information about Bill Payments (including fees).
You may not use your Safe or any Reloadit Pack for any illegal transactions or to engage in or enable gambling activity. We may refuse to process any transaction if we believe it may violate these Terms. If you provide a Reloadit Pack Number to someone else, we will treat this as if you have authorized such use, and you will be responsible for any transactions made subject to such use. Not all services described in this Agreement may be available to all persons or in all jurisdictions. We reserve the right to limit, at our sole discretion, the provision of any such service to any person or in any jurisdiction. Any offer of a service in this Agreement will be void where prohibited.
- Load a Spending Account
- Bill Payment Service.
The following terms apply if you use the Bill Payment Service. You may use the Bill Payment Service only to make bill payments to Billers located in the United States.
- Daily Limit on Bill Payments
You may make a maximum of $1,000 in Bill Payments per calendar day using Packs in your Safe. A calendar day is midnight to midnight Pacific Time. Any Bill Payments you make will count toward the $1,000 daily limit on transactions via your Safe (see Section 5.B above). In addition, individual Billers may have their own limits on payments.
- Bill Payment Authorization and Remittance
To pay a bill, you must tell us who will receive the funds (the Biller); your account number with the Biller; the amount of money you want to send to the Biller; and how quickly you want the payment sent to the Biller (see Section 6.B below). To process payments more efficiently, we may edit or alter payment data or data formats to comply with Biller directives. You authorize us to take funds associated with the Reloadit Pack(s) you designate and remit funds on your behalf to the Biller(s) you select.
We reserve the right to select the method by which payment will be made the Biller you select. However, by initiating a bill payment, you authorize and permit us (including our service providers and agents) to: (i) access the Biller's interactive voice response (IVR) system or website for a bill payment using a one‑time‑use credit or debit card owned by us or our service provider and (ii) take all actions necessary to authorize and make the bill payment, including accessing your account and billing information. You acknowledge and agree that for these limited purposes, we (including our service providers and agents) will be acting on your behalf and as agent for you, and the acts we (including our service providers and agents) perform on Biller and other third party IVR systems to process your bill payment will be deemed to be actions taken by you.
- Delivery of Payments to Billers.
Depending on the Biller, we generally offer two payment delivery options: Standard and Express. Standard payments are delivered to the Biller within 2 business days. Express payments are delivered to the Biller within 1 business day. Business days are Monday through Friday, excluding weekends and holidays. These payment times assume that you provide correct and complete payment and account information.
Please check with your Biller for actual payment posting times and availability. We recommend making your payments at least 3 Business Days before the due date whenever possible. Allowing sufficient lead time before the due date permits the Biller to receive the payment and credit it to your account.
You agree to pay a fee for each successful bill payment, as follows:
- Returned Payments
Billers may return payments for various reasons. These reasons include, but are not limited to: the account number you provided is not valid; the Biller is unable to locate your account; or you account with the Biller is already paid in full. In the event of a returned payment, we will void the payment; provide you with a new Reloadit Pack Number in your Safe; and credit the money back to the new Pack. We also will use commercially reasonable efforts to notify you of a returned payment.
- Payment Processing
When you send a payment to certain Billers, you are providing an authorization to the Biller to process your payment and complete the transaction. The payment will be considered delivered to the Biller once you complete the transaction through your Safe. Making payments at least 3 Business Days before the due date is recommend when possible. Check with your Biller for actual payment posting time and availability. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR ENSURING TIMELY PAYMENT OF ALL BILLS AND WE DO NOT CONTROL THE DATE WHEN THE BILLER PROVIDES CREDIT TO YOUR ACCOUNT. WE ONLY PROCESS BILL PAYMENTS ON BUSINESS DAYS. DO NOT SCHEDULE A BILL PAYMENT FOR ANY LATE OR PAST DUE BILLS OR DISCONNECTION NOTICES AS THE BILL PAYMENT SERVICE IS NOT INTENDED TO PREVENT DISCONNECTION OF BILLER SERVICES.
When you make a Bill Payment, you will be provided with an electronic receipt our receipt that you will be able to print your records. You agree to receive your receipts electronically. We recommend you keep a copy of your receipts for your records. For questions regarding a bill payment, please call the Biller and have your receipt information available.
- Termination of the Bill Payment Service
We may modify, suspend, or terminate your privilege of using the Bill Payment Service and may withhold approval of any transaction, at any time, without prior notice to you. In the event we terminate the Bill Payment Service, we will try to notify you in advance but are not required to do so. You will be notified as soon as practicable.
- Daily Limit on Bill Payments
If you have not used your Reloadit Pack Number and want to obtain a refund for the value associated with your Pack, call customer service at 888 633 9434. After you use your Reloadit Pack Number to access the funds associated with a Pack, we will not be reverse the transaction or to issue you a refund.
- Our Liability for Failure to Complete Transactions.
If we do not complete a Load or Bill Payment on time, or in the correct amount according to our agreements with you, after your correct and proper instruction, we will be liable for transferring the correct amount or otherwise completing the service, according to your direction. However, there are some exceptions. For example, we will not be liable:
- If, through no fault of ours, you do not have enough funds associated with your Reloadit Pack(s) to complete the transaction;
- If you do not provide us with correct information;
- If the Issuer of your Spending Account refuses to honor a Load or the Biller refuses to honor a Bill Payment;
- If a computer or other system involved in the Load or Bill Payment does not operate properly, and you knew about the problem when you initiated the transaction;
- If you exceed any dollar or frequency limitation imposed by us, and/or any limitations imposed by a Biller or Issuer;
- If you attempt to use a Reloadit Pack Number when the corresponding Reloadit Pack has not been properly activated;
- If access to your Reloadit Pack and Reloadit Pack Number have been blocked after you reported your Reloadit Pack Number or Reloadit Pack lost or stolen;
- If we have reason to believe the requested Load or Bill Payment is unauthorized;
- If the Spending Account or Biller account that you provide has been previously identified by us or our service providers or agents to be associated with potential fraudulent activities;
- If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the Transfer, despite reasonable precautions that we have taken; or
- Any other exception stated in these Terms and Conditions.
In no event will we be liable for consequential damages (including lost profits), extraordinary damages, special, or punitive damages.
- Canceling Transactions; Stopping Payment
We may cancel a Load or Bill Payment if we have a reasonable belief that the transaction is fraudulent. If we cancel transaction, we will attempt to notify you via e‑mail. You may cancel a Load at any time before you click the “Submit” button (for Loads made using the “Load Now” section of the Website and not via the Safe) or the “Load Now” button (for Loads made using the Safe). You may cancel a Load at any time before you click these buttons. There is no charge for canceling or editing an entry before clicking these buttons, but you may not cancel a Load once you click them.
You may cancel a scheduled Load at any time before the funds are sent. To do so, click the “View Scheduled Loads” button and then remove the Loads you no longer wish to make. There is no charge for canceling or editing an entry before a scheduled Load is sent, but you may not cancel a scheduled Load once it has been sent.
You may cancel a Bill Payment at any time before you click the “Pay Now” button. There is no charge for canceling or editing a bill payment entry before clicking the “Pay Now” button. However, you may not cancel a bill payment once you click the “Pay Now” button.
You cannot “stop payment” once a Load or Bill Payment has been sent.
- Your Liability for Unauthorized Transactions
You agree to safeguard your Reloadit Pack and Reloadit Pack Number and treat them like cash. The Reloadit Pack and Reloadit Pack Number generally cannot be replaced if they are lost or stolen, but in some cases, you may be able to receive a refund. You should call (888) 633-9432 immediately to report a lost or stolen Reloadit Pack or if you believe someone has accessed the funds in your Reloadit Pack Account without your permission. If we can verify that you purchased a Reloadit Pack that has been lost or stolen, and the funds in the corresponding Reloadit Pack Account have not been used, we will attempt to disable that Reloadit Pack and Reloadit Pack Number and issue you a refund for the amount in the Reloadit Pack Account. Otherwise, we generally will not be able to issue refunds if your Reloadit Pack or Reloadit Pack Number are lost, stolen, or used without your permission.
You acknowledge that Loads and Bill Payments made with Reloadit Packs are similar to cash transactions. You cannot “stop payment” or lodge a “billing dispute” on transactions you make. Nevertheless, if you become aware of and/or your transaction history shows transactions that you did not make, notify us at once following the procedures stated in the paragraph labeled “Information About Your Right to Dispute Errors.”
If you notify us orally, we may require you to give written notice within ten (10) business days. We reserve the right to conduct an investigation into the validity of any claim of unauthorized use. You agree to cooperate with any investigation we may make.
- Information About Your Right to Dispute Errors
In case of errors or questions about your Reloadit Pack transactions, call 888‑633‑9432 or write to Reloadit; 6220 Stoneridge Mall Road; Pleasanton CA 94588 if you think your transaction history in your Safe is wrong or if you need more information about a transaction listed in the transaction history. You must contact us within one hundred twenty (120) days after the transfer allegedly in error was made. You will need to tell us:
- Your name and address and the Reloadit Pack number;
- Why you believe there is an error, and the dollar amount involved;
- Approximately when the error took place.
We generally will determine whether an error occurred within ten (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 forty-five (45) days to investigate your complaint or question.
We will tell you (via e‑mail) the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting us at the phone number or address listed at the beginning of this section. If you need more information about our error-resolution procedures, call us at the telephone number shown above.
- Disclaimer of Warranties.
We are not responsible for the quality, safety, legality, or any other aspect of any transactions you make with your Reloadit Pack(s) or through your Safe. From time to time, the Reloadit service may be inoperative, and when this happens, you may be unable to use your Reloadit Pack(s) or Reloadit Pack Number(s). Please notify us if you have any problems using your Reloadit Pack(s) or your Safe. You agree that we are not responsible for any interruption of service.
THE RELOADIT SERVICE (WHICH INCLUDES RELOADIT PACKS, THE RELOADIT WEBSITE, THE RELOADIT SAFE, AND THE BILL PAYMENT SERVICE) AND ALL DOCUMENTATION OR CONTENT CONTAINED THEREIN OR PROVIDED THEREWITH ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE BILL PAYMENT SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION REGARDING THE QUALITY, RELIABILITY, TIMELINESS OR SECURITY OF THE RELOADIT SERVICE. WE WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON CLAIMING THROUGH YOU FOR ANY INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, OUR LIABILITY FOR ANY AND ALL DAMAGES, LOSSES, CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, OR $100 DOLLARS, WHICHEVER IS LESS. YOU AGREE TO INDEMNIFY US FOR ALL LOSSES, DAMAGES, LIABILITIES AND COSTS WE INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATED TO YOUR USE OF THE RELOADIT SERVICE.
- Privacy and Information Sharing.
You agree not to give your password(s) or PIN(s) or make them or any other means to access your Reloadit Packs, Safe, or the Bill Payment Service available to any unauthorized person. You are responsible for all transactions you authorize. If you permit other persons to use your Reloadit Pack(s) or Reloadit Pack Number(s) or give them your password or other means to use your Safe, you are responsible for any transactions they authorize. If you believe that your password(s) or other means to access your Safe have been lost or stolen or that someone else has transferred or may attempt to transfer money from your Reloadit Packs without your permission, you must notify us at once by calling 888‑633‑9434.
Here are some tips for keeping your information secure:
- Use Your Own Computer. It is generally safer to access your financial information from your own computer. Avoid using public computers to access your financial information. Public computers may contain software that captures passwords and PINs, providing that information to others at your expense. If you do use another computer, be sure to delete your “Temporary Internet Files” or “Cache” and clear all of your “History” after you log off your account. You should occasionally check to make sure that no one else has attached any device or added programs to your computer without your knowledge or consent. Consult the Help function on your browser and operating system to learn how to delete this information.
- Protect Your Passwords and PINs. Do not share your passwords or PINs with others. When you give someone your ID and password, you are responsible for any transactions that person performs. We may suspend or cancel your password if we suspect your password is being used in an unauthorized or fraudulent manner. For your protection, sign off after every session and close your browser to ensure confidentiality. Subject to the E‑SIGN Disclosure in Section 1, you agree that we may post notices and other communications on your account. You agree to: 1) keep your password and PIN secure and strictly confidential; and 3) immediately notify us and select a new password and PIN if you believe your password may have become known to an unauthorized person.
- Log Out Completely. Always click the "log out" button to terminate your access to your financial information. Access may not be terminated if you simply close or minimize your browser or type in a new web address when you're done using your online account. Other users of the computer might be able to re-enter the site and have access to your information online if you do not properly log out. If you must visit another site while you are logged into your financial account, use a different type of browser rather than opening another window.
- Wireless Connections are not 100% secure. Wireless networks may not provide as much security as wired Internet connections. In fact, many "hotspots" — wireless networks in public areas like airports, hotels, internet cafes and restaurants — reduce their security settings so it is easier for individuals to access and use these wireless networks. This increases the possibility that someone may intercept your information.
- Secure Your Confidential Documents. Keep all your financial documents in a secure place, and be careful how you dispose of any documents with financial or other confidential information. Shred documents that have confidential financial or identification information before throwing them away.
- Safeguard Your Social Security Number. Do not use your Social Security number as a username, password or PIN, and make sure that it does not appear on your printed checks. If your Social Security number appears on your driver’s license, be sure to ask your state’s Department of Motor Vehicles whether it can use an alternative number. Keep your Social Security card in a safe place and avoid carrying it with you. You should also be sure to safeguard the social security numbers of any dependents.
- Do a Periodic "Identity Theft" Check. Reviewing your credit report may alert you to inaccuracies and unauthorized activity. You can obtain a free credit report every 12 months from three different credit bureaus. If you think that your personal information has been stolen, immediately contact your bank to notify them of the problem.
- Other Terms.
This Agreement will be governed by the law of the State of California except to the extent governed by federal law. Your rights and obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement in our discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties. Use of your Reloadit Pack and Reloadit Pack Number are subject to all applicable rules and customs of any clearinghouse or other association involved in transactions you make. We will not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by us. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. You acknowledge that we shall not be responsible for any failures, delays or other issues of any kind caused by reasons beyond our reasonable control, including but not limited to acts of God, earthquakes, strikes or shortages of materials.
- Amendment and Cancellation.
We may amend or change these Terms at any time with or without notice to you, subject to applicable law. The current Terms can be found at www.Reloadit.com or by calling 888‑633‑9434. It is your responsibility to review these Terms and Conditions periodically for any changes. Unless applicable law requires us to notify you, your continued use of the Reloadit Safe following any amendment will signify your acceptance of and agreement to any revised Terms and Conditions. If applicable law requires us to notify you, we will do so via the e‑mail address for your Safe.
We may cancel or suspend your Reloadit Pack(s), Reloadit Pack Number(s), or Reloadit Safe at any time without notice for any reason (for example, if we suspect fraud or unauthorized activity), subject to applicable law.
You may cancel this Agreement by calling 888‑633‑9434, providing the required information, and requesting a refund before your Reloadit Pack(s) or Reloadit Pack Number(s) have been used. Termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. You agree that we will not be liable to you or to any third party for any modification or discontinuation of your Reloadit Pack(s).
- Telephone Monitoring/Recording.
From time to time, in accordance with applicable law, we may monitor and/or record telephone calls between you and us to assure the quality of our customer service, for security purposes, or as required by applicable law.
- Purpose: This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.
- Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to the Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreements. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Reloadit Pack or Reloadit Pack Number; (ii) the amount of available funds in your Reloadit Pack Account; (iii) advertisements, promotions or oral or written statements related to the Reloadit Pack or to transactions made using the Reloadit Pack; and (iv) the benefits and services related to the Reloadit Pack. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court. As used in the Arbitration Provision, the terms “we” and “us” shall for all purposes mean the Bank, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Reloadit Pack (including, but not limited to Issuers who accept transactions made using the Reloadit Pack, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, 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. As solely used in this Arbitration Provision, the terms “you” or ”yours” shall mean all persons or entities approved by us to have and/or use a Reloadit Pack, including but not limited to all persons or entities contractually obligated under any of the Agreements.
- Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either the Judicial Arbitration and Mediation Services (“JAMS”), or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select either of the other organizations listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.
- Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, UNLESS REQUIRED BY APPLICABLE LAW, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS, OR AAA, AS APPLICABLE (THE “CODE”). 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.
- Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Reloadit Pack holders, or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
- Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
- Arbitration Procedures: 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, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. 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 request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. 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 for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.
- Continuation: This Arbitration Provision shall survive termination of your Reloadit Pack as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
- Customer Service
For customer service, please call us at 888‑633‑9434or write us at Reloadit Customer Service, 6220 Stoneridge Mall Road, Pleasanton CA 94588.
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