Cardholder Agreement

Dining Out Gift Card, Ultimate Eats Gift Card, and Teen’s Choice Gift Card

CUSTOMER SERVICE CONTACT INFORMATION:

10615 Professional Circle, Suite 102; Reno, NV 89521 (Notice Address)

855-606-3494 (Toll-Free Customer Service Number)

IMPORTANT NOTICES:

(1) GIVE THIS DOCUMENT TO THE RECIPIENT OF THE GIFT CARD FOR ANY FUTURE QUESTIONS OR ISSUES.

(2) ALWAYS KNOW THE EXACT DOLLAR AMOUNT AVAILABLE ON YOUR CARD. MERCHANTS MAY NOT HAVE ACCESS TO DETERMINE YOUR CARD BALANCE.

(3) IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE CARD, SAVE YOUR RECEIPT, AND CANCEL THE CARD BY CALLING CUSTOMER SERVICE AND REQUESTING A REFUND CHECK.

Replacement Card at Expiration:

There is no additional cost to obtain a replacement Card due to expiration.

This Cardholder Agreement (“Agreement”) sets forth the terms and conditions under which a Dining Out Gift Card, Ultimate Eats Gift Card, and/or Teen’s Choice Gift Card (“Card”) has been issued to you. The Gift Card is a prepaid Card issued by MetaBank^®. By accepting and using this Card, activating the Card, or authorizing any person to use the Card, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement "You" and "your" mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. “We”, “us”, “our”, and “Bank” mean MetaBank, our successors, affiliates or assignees. The Card will remain the property of Bank and must be surrendered upon demand. The Card may be canceled, repossessed, or revoked at any time without prior notice, subject to applicable law. Please read this Agreement carefully and keep it for future reference. These terms and conditions apply to both the purchaser and any other user of the Card. It is the purchaser’s obligation to provide these terms and conditions to any user; however, new terms and conditions may be provided, or any other questions or concerns answered by contacting Customer Service.

1. ABOUT YOUR CARD

The Card is a prepaid Card loaded with a specific amount of funds, redeemable to buy goods and services at the merchants whose logos appear on the Card in the United States. No additional funds may be added to this Card. The Card is NOT a credit Card. The Card is not a checking account or connected in any way to any account other than a stored value account where your funds are held. You will not receive any interest on the funds associated with your Card..

2. USING YOUR CARD

a. Accessing Funds and Limitations

Your Card may be used only at brick-and-mortar locations in the United States of the merchants whose logos appear on the Card. Your Card generally cannot be used online, and you agree not to use it for online transactions. You do not have the right to stop payment on any purchase transaction originated by use of your Card. Your Card cannot be used to obtain cash or to conduct any illegal transactions. For security reasons, we may limit the amount or number of transactions you can make on your Card. We may refuse to process any transaction that we believe may violate the terms of this Agreement.

b. Obtaining Card Balance Information

You should keep track of the amount of value loaded on Cards issued to you. You may obtain information about the amount of money associated with your Card at no charge by contacting Customer Service. You may also obtain information about your Card transactions by contacting Customer Service.

c. Authorized Users

You may present the Card to another person. If you do provide access to your Card or Card number, you are liable for all transactions made with the Card or Card number by those persons. You must notify us to revoke permission for any person you previously authorized to use Card information or have access to your account. You are responsible for all transactions and fees incurred by you or any other person you have authorized.

d. Returns and Refunds

If you are entitled to a refund for any reason for goods or services obtained with your Card, the return and refund will be handled by the merchant. If the merchant credits your Card, the credit may not be immediately available. While merchant refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs.

e. Receipts

You may wish to retain receipts as a record of transactions. Receipts will be required if you need to verify a transaction.

f. Split Transactions and other uses

If you do not have enough funds available in your Card account, you may be able to instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with another form of payment. These are called “split transactions.” Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash.

YOU ARE NOT ALLOWED TO EXCEED THE BALANCE OF THE FUNDS AVAILABLE ON YOUR CARD. If you attempt to use the Card when there are insufficient funds associated with it, the transaction will generally be declined. Nevertheless, if a transaction that exceeds the balance of the funds available on your Card occurs due to a systems malfunction or otherwise, you shall remain fully liable to us for the amount of the transaction.

3. REPLACEMENT CARD

The funds on your Card do not expire. The "valid thru" date indicated on the front of your Card is not an expiration date, but is intended primarily for fraud protection purposes. After the "valid thru" date, your available funds will be temporarily unavailable until you contact Customer Service for a replacement Card with a new "valid thru" date. You will not be charged a replacement Card fee if you are ordering a replacement Card due to your Card expiring, in order to continue accessing unused funds. If your Card still has unused funds on it after your Card expires, you may order a new Card by contacting Customer Service. Upon contacting us for any lost/stolen card, your funds will be temporarily unavailable until you activate your replacement Card.

4. BUSINESS DAYS

For purposes of these disclosures, our business days are Monday through Friday.

5. UNAUTHORIZED TRANSACTIONS

Treat this Card like cash. We generally cannot provide refunds for lost or stolen Cards.

However, if you believe your Card has been lost or stolen or an unauthorized transaction has been made using the information from your Card without your permission, contact Customer Service IMMEDIATELY. We will ask for the Card number and other identifying details. We cannot assist you if you do not have the Card number. We reserve the right to investigate any claim you may make with respect to a lost or stolen Card or unauthorized transaction, and you agree to cooperate with such investigation. We may not be able to assist you if you do not contact us within 60 days of the unauthorized transaction. If we elect to reissue a Card, it may take up to 30 days to process.

6. NO WARRANTIES AND LIMITATION OF LIABILITY

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services purchased with a Card or using the Card Account. Further, we will not be liable:

(1) If, through no fault of ours, you do not have enough funds available in your Card account to complete the transaction;

(2) If a merchant refuses to accept your Card;

(3) If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;

(4) If access to your Card has been blocked after you reported your Card lost or stolen;

(5) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or

(6) For any other exception stated in our Agreement with you.

7. OTHER TERMS

Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. We do not waive our rights by delaying or failing to exercise them at any time (for example, assessing a fee less than described, or not all, for any reason does not waive our right to begin charging the fee as set forth in this Agreement without notice). 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. This Agreement will be governed by the laws of the state of South Dakota except to the extent governed by federal law. Should your Card have a remaining balance after a certain period of time, we may be required to remit the remaining funds to the appropriate state agency.

8. AMENDMENT AND CANCELLATION

We may amend or change the terms of this Agreement at any time, subject to applicable law. You will be notified of any change in the manner required by applicable law prior. However, if the change is made for security purposes, we can implement such change without prior notice.

9. ENGLISH LANGUAGE CONTROLS

Translations of this Agreement that may have been provided are for your convenience only and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language.

10. PRIVACY POLICY

Information We Collect:

(1) Information about purchases made with the Card, such as date of purchase, amount and place of purchase

(2) Information you provide to us when you apply for a Card, or for replacement Cards or when you contact us with customer service issues, such as name, address, phone number

Disclosures: We may also disclose information about your Card or the transactions you make to third parties in order to:

(1) Complete transactions;

(2) Verify the existence and condition of your Card account for a third party, such as merchant;

(3) Provide customer services;

(4) Process claims for lost or stolen Cards;

(5) Help protect against fraud and to conduct research and analysis; or

(6) Comply with government agency or court orders, or other legal reporting requirements.

We may also provide information to our employees, auditors, affiliates, service providers, or attorneys as needed, or to any third party if you give us your written permission.

Full Privacy Policy: If you have questions about your privacy, or desire to see our full Privacy Policy, please visit www.metabank.com

This Card is issued by MetaBank, Member FDIC

5501 S. Broadband Lane

Sioux Falls, SD 57108

855-606-3494