Cardholder Agreement

Terms and Conditions for the Mezu MasterCard® Debit Card Program issued by CFSB.

How to read this Cardholder Agreement

This Cardholder Agreement is a supplement to, and must be read together with, the Bank Services Agreement and the Mezu App Terms (the “Customer Agreements”), which set forth the terms in relation to your Mezu App Account (“Mezu Account”).

The terms set forth in this Cardholder Agreement (“Agreement”) also form a binding contract and apply only to your use of your Mezu MasterCard® Debit Card issued by Community Federal Savings Bank (“CFSB” or the “Bank”) (the “Card”). You must maintain an active Mezu Account under the terms of the Customer Agreements to request a Card, as the Card is a means of access to the money in your Mezu Account. By requesting a Card, you also agree to the terms of this Agreement to use your Card. If you do not agree to the terms of this Agreement you must not use the Card and cancel it by using the functionalities provided to you in the Mezu Mobile Application (“Mobile Application”). This Agreement is between you and CFSB. Mezu (NA), Inc. (“Mezu”) provides certain services such as customer service on behalf of CFSB in connection with the Card and for this reason, Mezu is also a beneficiary of this Agreement.

By activating or using the Card, or allowing someone else to use the Card, you agree to the terms of this Agreement under which the Card has been issued to you, and you, affirm, or reaffirm, as the case may be, your agreement with each of the following agreements that applies to you:

• Bank Services Agreement
• Mezu App Terms
• Mezu Privacy Policy
• CFSB Privacy Notice
• E-Sign Disclosure and Consent Notice

Your Card must be successfully activated in order to be used. For details, see “Activating Your Card” below. See Mezu’s “Fee Schedule” for additional information about the fees associated with the use of this Card.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

You can always see the most current version of this Agreement on the menu option of the Mobile Application or in our Website.

• Glossary

  “Access Information” means your PIN, online user name, password, challenge questions, and any other security or access information required to access or use your Card or Mezu Account.

  “Applicable Law” means any law, rule or regulation of a federal, state, municipal of foreign or local government, or any rule or regulation of any clearing house or network involved in the transaction, which apply to the product and services provided to you under this Agreement, the Bank Services Agreement or the Mezu App Terms.

  “Mezu Account” means the Account you have opened with Mezu in accordance with the Bank Services Agreement and the Mezu App Terms that you may access with your Card.

  “Mezu App Transactions” means, (i) any and all payments or transfers made into your Mezu Account, (ii) any fees undertaken by or in your Mezu Account, whether or not done in connection with a Card Transaction and (iii) any payout made from your Mezu Account by methods other than Cards. For the avoidance of doubt, Mezu App Transactions are not covered by this Agreement and are services provided to you under the Bank Services Agreement and Mezu App Terms.

  “Business days” means Monday through Friday, excluding federal holidays, even if we are open. Any references to "days” found in this Agreement are calendar days unless indicated otherwise.

  “Business Hours” means Monday through Friday, excluding federal holidays, 9:00 am – 5:00 pm Eastern Time.

  “Card” means your digital or physical Mezu MasterCard® Debit Card issued by CFSB.

  “Card Transaction(s)” means using your Card to pay for goods and services online, over the phone or in person or to withdraw money from ATMs in the U.S. and overseas.

  “Card Number” means the unique 16-digit number embossed or printed on the front of your Card used to identify your Card.

  “Cardholder” means Primary and Secondary Cardholder(s), if any.

  “Mezu” means Mezu (NA), Inc., and its successors, assigns and affiliates.

  “Mobile Application” means the Mezu Mobile Application where Mezu provides services to you

  “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 “Issuer” mean CFSB or the Bank, and its successors, affiliates or assignees.

  “Website” means any webpage, including but not limited to www.mezu.com, where you can obtain information about your Card and your Mezu Account.

  
  

• Fees and Limits

  You agree to pay the Card Transaction Fees set forth in the Fee Schedule. All the Card Transaction Fees will be withdrawn from your Mezu Account and will be assessed as long as there is a remaining balance on your Mezu Account. If at any time your remaining Mezu Account balance is less than the Card Transaction Fees being assessed, the balance of your Mezu Account will be applied and may result in a negative balance on your Mezu Account, and your Card may be declined. The negative balance may be collected upon the next load into your Mezu Account as reflected in Section 13 “Negative Account Balances” of this Agreement.

  In addition to the fees associated with Card Transactions, pursuant to the terms of the Customer Agreement, you can make Mezu App Transactions, which may be subject to fees set by and payable to Mezu. These may include fees associated with loading funds, transferring funds or withdrawing funds into or out of your Mezu Account. You can find more information about these fees on the Fee Schedule.

  From time to time, we may increase or decrease the limits or add additional limits to your use of the Card in our sole discretion without notice to you except as required by law, for security, risk or other reasons.

  Your Card limits can be found in our Card Limitations Schedule. Requests for increases to your Card limits are not available at this time.

  
  

• How to Contact Customer Service

  Customer Service for your Card is handled by Mezu as a service provider to CFSB. You may contact Mezu Customer Support in the following ways:

  For questions about your Card:

  By Telephone: 1-866-287-7054 at any time.

  For questions about your Mezu App Account:

  By Telephone: 1-844-573-3265 from 9 am to 5 pm Eastern Time, Monday – Friday.

  By Email: [email protected]

  By Mail: Mezu (NA), Inc.
  ATTN: Mezu Compliance

  Directly through Support link located in the menu of the Mobile App.

  Through our website: www.mezu.com

  
  

• Important Information About Procedures to Obtain a Card

  In order to receive and activate your Card, federal law requires that we verify some of your information. You authorize both CFSB and Mezu to make any inquiries we consider necessary to validate your identity. These may be made directly or through third parties. See the Bank Services Agreement and CFSB Privacy Notice for more details. CFSB and Mezu reserve the right to close, suspend, or limit access to your Card in the event we are unable to obtain or verify this information.

  
  

• Address or Name Changes

  For legal reasons, all information you provide during the signup process for a Card and/or your Mezu Account, or any time thereafter must be complete, accurate and truthful. You are responsible for keeping your mailing address, email address, telephone number, and other contact information with us up-to-date. If you need to make changes to your profile after your Mezu Account has been validated, you must contact Mezu’s customer care team at [email protected]. Note that we reserve the right to cancel or suspend your Card at any time for any reason.

  
  

• Card Description

  The Card is a Debit card. The Card can be used to access and spend money stored in your Mezu Account. The Card is a debit product which can be used to pay for goods and services online, over the phone, online, or in person. The Card can be used to make purchases at point of sale (“POS”) terminal or to withdraw money from ATMs in the U.S. and overseas if you have obtained a physical card. Mezu may limit your ability to request a Card at its sole discretion.

  The Card is not a guarantee card, charge card or credit card. It is not for resale. The Card will remain the property of CFSB and must be surrendered upon demand. The Card is non-transferable and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law.

  You acknowledge and agree that the value available to spend with your Card is limited to the funds maintained in your Mezu Account. Pursuant to the terms of the Bank Services Agreement, you will not receive any interest on your funds in your Mezu Account.

  
  

• Account Security

  You, not CFSB (or Mezu), are responsible for maintaining adequate security and control of your Card, Pin, or any other details that you use to access your Mezu Account. If you know or suspect that your Card or Card Number has been lost, stolen or otherwise compromised, please Contact Customer Support immediately or go into the Mobile Application and freeze or cancel your card.

  
  

• Activating Your Card

  You must activate your Card before it can be used. When you receive your Card, please sign the back of it as soon as you receive it and keep it safe. You can activate your Card by following the instructions in the Mobile Application. The Card PIN is a 4-digit code that you may be asked to enter when making a payment using the Card.

  
  

• Personal Identification Number

  You will be required to select a Personal Identification Number (“PIN”) for your Card when you activate your Card as a security feature. You will need the PIN for certain Card Transactions. You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately following the procedures in the paragraph labeled “Reporting an Unauthorized Transaction.” You may change your PIN at any time by logging in to the Mobile Application or by Contacting Customer Support.

  
  

• Using Your Card

  Except as otherwise stated herein, you may use your Card as long as your purchase and any applicable fees do not exceed the value available in your Mezu Account and your Mezu Account is in good standing. If you use your Card Number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself. In accordance with the Mezu App Terms, which also applies to Cards, and is incorporated herein, there are things you cannot used your card for, including gambling or any illegal transaction.

  
  

• Adding Your Card to a Digital Wallet

  You may opt to add your Card to one or more digital wallets ("Digital Wallets") supported by Bank, enabling you to conduct Card Transactions. Use of your Card through a Digital Wallet, may be subject to additional terms imposed by the Digital Wallet provider.

  
  

• Holds on Your Funds

  If you use your Card at a restaurant or other merchant where tipping is common, the merchant may preauthorize an amount greater than the purchase amount. FFor hotels, car rentals, cruise lines, or similar purchases where a deposit is commonly collected in advance, the merchant may request a preauthorization of the estimated final transaction amount. To ensure you have sufficient funds in your Mezu Account when the final payment amount clears, this preauthorization may include a buffer of 20% in addition to the amount of the original purchase. Any preauthorization of the amount will place a “hold” on your available funds in your Mezu Account until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. It may take up to 7-10 Business Days for the hold to be removed. During the hold period, you will not have access to the preauthorized hold amount.

  To avoid a hold on your funds for gas station purchases, it is recommended that you pay inside, rather than at the pump. Paying inside will avoid having an additional portion of your Card balance (these could range up to $100.00 or more if outside of the United States) held and unavailable for use for a period of time after the use of the Card at the pump.

  Except as otherwise stated herein, you do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds for up to thirty (30) days. All transactions relating to car rentals may result in a hold for that amount of funds for up to sixty (60) days.

  
  

• Negative Account Balances

  Negative balances are not authorized under any circumstance. You must not undertake or attempt to undertake Card Transactions that exceed the amount of funds available in your Mezu Account. If any purchase takes you over your available funds or the card limits in force from time to time the transaction will be declined. If for some reason the amount available in your Mezu Account becomes negative, you are responsible for the immediate replenishment of your Mezu Account and you hereby authorize Mezu to collect negative balances from you. We may prompt you to replenish your Account if you incur a negative balance for any reason. We will also require you to replenish your account before you can be authorized to use your Mezu Account according to the Terms of the Bank Services Agreement and the Mezu App Terms. We may offset a negative balance, in full or in part, with funds received by you, and/or collect the negative balance from you when you initiate a Mezu App Transaction. You may also refer to Negative Account Balances and the Fee Schedule.

  
  

• Cash Access

  Once your identity has been verified, you may use your physical Card and PIN to obtain cash from any Automated Teller Machine (“ATM”) bearing a Mastercard® network brand logo, or at merchants and participating financial institutions that have agreed to provide cash back at POS terminals bearing a Mastercard® network brand logo. There may be limits and fees associated with certain cash access transactions which may be found in the Fee Schedule and Card Limits Schedule.

  
  

• No Warranty Regarding Goods or Services as Applicable; Returns and Refunds

  Mezu and CFSB are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card. Any disputes or issues with any goods or services you purchase with your Card should be addressed to the merchants or individuals from whom the goods and services were purchased.

  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 Mezu Account for such refunds and agree to the refund policy of the respective merchant. Merchant refunds in an amount the same or less than the amount of the corresponding debit will be provided to Mezu for posting to the Mezu Account when they are received. Neither CFSB nor Mezu has any control over when a merchant sends a refund transaction; there may be a delay between the date of the refund transaction and the date the refund amount is credited into your Mezu Account. If you have questions about a refund that has not posted to your Mezu Account you must contact the merchant where you made the purchase.

  
  

• Card Replacement

  If you need to replace your Card for any reason, please Contact Customer Service. You will be required to provide personal information which may include your Card number, full name, transaction history, identifying information, copies of accepted identification, etc. A replacement card may be subject to a fee as indicated in the Fee Schedule.

  
  

• Card Expiration

  Subject to applicable law, you may use your Card only through the Card expiration date. The expiration date is identified on the front of your Card. The funds in your Mezu Account will not expire, regardless of the expiration date on the front of your Card, but remain subject to the Abandoned Property clause indicated in the Bank Services Agreement

  
  

• Receipts

  A record of your transactions will always be available to you in the Mobile Application. However, you should always obtain a receipt from the merchant at the time you make a purchase or transaction using your Card. You should retain, verify, and reconcile your transactions and receipts. Some merchants may not provide a receipt for small dollar purchases. CFSB and Mezu are not liable for providing a receipt for transactions initiated through the use of the Card that you should have obtained from a merchant.

  
  

• Mezu Account Balance, Periodic Statements and Card Use

  You are responsible for keeping track of the available balance in your Mezu Account, which is maintained by Mezu and not CFSB.

  Merchants generally will not be able to determine your available balance. It is important to know your available balance before making any Card Transactions. You may obtain information about the amount of money remaining in your Mezu Account anytime by Contacting Customer Support or checking in the Mobile Application.

  In accordance with the Mezu E-Sign Disclosure and Consent Notice, you will not receive paper statements, or any other correspondence or notice, other than a paper copy of this Agreement upon request.

  
  

• Privacy

  Protecting your privacy is very important to us. Please review the CFSB Privacy Notice as well as the Mezu Privacy Policy that you agreed to when you signed up for your Mezu Account, in order to better understand our and Mezu’s commitment to maintaining your privacy, as well as our and Mezu’s use and disclosure of your information. For the avoidance of doubt, we may disclose information to third parties about your Card or the transactions you make when it is necessary for completing transactions:

  i. In order to verify the existence and condition of your Card for a third party, such as a merchant;
  ii. In order to comply with government agency or court orders, or other legal reporting requirements;
  iii. If you give us your written permission; or
  iv. To Mezu, our employees, auditors, affiliates, service providers, or attorneys, as needed.

  
  

• Our Liability for Failure to Complete Transactions

  If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages as required by Applicable Law. However, there are some exceptions. We will not be liable in the following instances:

  • Card Not Accepted, Account Suspended or Account Closed

    CFSB and Mezu are not responsible and have no liability if your Card is not accepted for a charge. Mezu or CFSB can close or suspend your Mezu Account at any time for any reason (see Bank Services Agreement) and we can suspend or cancel your Card, including if the activity on your Card appears suspicious, fraudulent or we believe it to be associated with criminal activity or inconsistent with this Agreement. Unusual or multiple purchases may prompt a merchant inquiry or Card suspension to allow us to investigate such unusual activity. We reserve the right, in 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. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Card. Neither CFSB nor Mezu will incur liability to you because of the unavailability of the funds that may be associated with your Card or Mezu Account.

    
    

• Other Miscellaneous Terms

  You may not assign or transfer your Card and your obligations under this Agreement. We may assign or transfer our rights under this Agreement. Use of your Card is subject to Applicable Law. We do not waive our rights by delaying or failing to exercise them at any time. Notwithstanding the foregoing, this Agreement shall be binding on you, your authorized users, your heirs, your executors, administrators, guardians, personal representatives, or trustee in bankruptcy.

  
  

• Severability

  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.

  
  

• Amendment and Cancellation

  We may amend or change the terms and conditions of this Agreement at any time, subject to Applicable Law. You will be notified of any change in the manner required by Applicable Law. If the change is made for security purposes or if advanced notification is not required by Applicable Law, we may implement such change without prior notice. You may end this Agreement and cancel your Card at any time by contacting customer support at [email protected].

  Your cancellation of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

  
  

• Information About Your Right to Dispute Errors

  • Contact Information

    If you think your electronic transaction history is wrong with respect to a Card Transaction, or if you need more information about a Card Transaction listed on the electronic transaction history, call 1-844-573-3265 for inquiries about your Mezu Account or 1-866-287-7054 for inquires about your Card or to report your Card lost or stolen. You may also contact us by email at [email protected] or write Mezu (NA), Inc., 101 Avenue of the Americas, 9th Floor, New York, NY 10013, ATTN: Mezu Compliance (see section above entitled “How to Contact Customer Service”). For other Errors or potential Errors in your Mezu Account, please consult the Bank Services Agreement (“Errors or Questions”).

    
    

  • Card Error

    “Card Errors” include the following:

    i. A transfer of funds that you did not authorize.
    ii. A duplicate transaction that you did not authorize.
    iii. A recurring transfer that you had cancelled prior to the occurrence of the transaction.
    iv. An incorrect transfer amount.
    v. An ATM transaction that appears to have occurred by where the funds were not dispensed.

    We must hear from you no later than sixty (60) days after the earlier of the date you electronically access your Mezu Account regarding a Card Error, if the Card Error could be viewed in your electronic transaction history, or the date that you first received written history from us or Mezu on which the error appeared.

    We will determine whether an error occurred within ten (10) Business Days of hearing 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. If we decide to do this, we will credit your Mezu Account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not credit your account. For new Cardholders (those who made their first transfer to their Mezu Account less than 30 days before the potential Card Error occurred), we may take up to twenty (20) Business Days to credit your Mezu Account for the amount you think is in error. For new point-of-sale transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. We will tell you the results within three (3) Business Days after completing our investigation. If we decide that no Card Error occurred, we will send you a written explanation and debit any provisional credit we may have given you. You may ask for copies of the documents that we used in our investigation.

    Card Errors do not include buyer’s remorse, issues with the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card or if you do not receive those goods or services, or routine inquiries about the balance in your Mezu Account or a request for documentation or for other information for your record keeping or tax purposes.

    
    

  • Your Liability for Unauthorized Card Transactions

    An Unauthorized Card Transaction occurs when your Card is used, and it was not authorized by you and did not benefit you. For example, if someone steals your Card, and uses your Card to access funds in your Mezu Account, an unauthorized Card Transaction has occurred. The following are not considered unauthorized Card Transactions: (i) if you give someone access to your Card and they use your Card without your knowledge or permission. You are responsible for transactions made in this situation.

    You agree to exercise reasonable control over your Card and Access Information. Tell us right away if you believe your Card or Access Information has been lost or stolen, or if you believe that transactions have been made in your Mezu Account without your permission using your Card. You could lose all the money in your Mezu Account.

    If you notify us within two (2) business days of any unauthorized transactions, you can lose no more than $50.00 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00.

    For other Errors or potential Errors in your Mezu Account, please follow the instructions provided in Section 25 of this Agreement (“Information About Your Rights to Dispute Errors”)

    
    

  • Your Liability for Unauthorized MasterCard® Debit Card Transactions

    In addition to your limitations of liability under the section above entitled “Your Liability for Unauthorized Transfers,” your liability for the unauthorized use of your Card Account may also be limited by MasterCard®.

    Under the MasterCard® rules, you will have no liability for a transaction that was not authorized by you if you exercised reasonable care in safeguarding the Card from risk of loss or theft, and, upon becoming aware of such loss or theft, promptly reported such loss or theft to us by calling us at our Customer Service Number (the “MasterCard® Zero Liability Policy”). The MasterCard® Zero Liability Policy is subject to change without notice and changes made by MasterCard® will automatically apply to you.

    This provision limiting your liability do not apply to Card Transactions not processed by MasterCard®.

    
    

• Communications

  You agree that we may communicate with you through Mezu, who acts as our service provider with respect to this Agreement and that the E-Sign Disclosure and Consent Notice applies to such communications.

  In addition, if you provide us with your mobile phone number or contact us from your mobile number, you are providing this phone number for us or any third party acting on our behalf to contact you at this number. You agree that we may use this phone number to contact you for any business purpose about your Card and you agree to be responsible for any fees or charges you incur as a result of providing this information. You may request this number not be used. We may offer options that allow you to receive or access text messages or other electronic communications from your mobile phone. By enrolling for these types of communications, you understand and agree to be responsible for any fees or charges you incur as a result of this enrollment. You agree that we may contact you from time to time regarding your Card in any manner we choose unless the law says we cannot. For example, we may contact you by mail, telephone, email, fax, recorded message, text message, by using an automated dialer device. We may contact you at home, at your place of employment, on your mobile telephone, at any time including weekends and holidays, at any frequency and leave prerecorded messages or messages with others. When we attempt to contact you, we may identify ourselves, our relationship and our purpose for contacting you even if others might hear or read it. Our contacts with you about your Card are not unsolicited. We may monitor or record any conversation or other communication with you.

  
  

• English Language Controls

  Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

  
  

• Waiver

  We do not waive our rights by delaying or failing to exercise them at any time. To the extent permitted by law and as permitted by the Agreement to Arbitrate below, you agree to be liable to us and Mezu for any loss, costs, or expenses that we may incur as a result of any dispute or legal proceeding involving your Card or you Mezu Account.

  
  

• Governing law and Agreement to Arbitrate

  THIS AGREEMENT REQUIRES ALL DISPUTES BE RESOLVED BY WAY OF BINDING ARBITRATION.

  You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this Agreement, the laws of the State of New York, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and CFSB (or Mezu), regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and CFSB (or Mezu), whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that CFSB and you are each waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

  If any portion of this Arbitration Provision is deemed invalid or unenforceable, such a finding shall not invalidate any remaining portion of this Arbitration Provision, this Agreement, or any other agreement entered into by you with us. However, notwithstanding any language in this Arbitration Provision or this Agreement to the contrary, the Class Action Waiver is not severable from the remainder of this Arbitration Provision and, in the event that the Class Action Waiver is held to be invalid and unenforceable, and subject to any right of appeal that may exist with respect to such determination, any class action or representative proceeding shall be determined in a court of law and will not be subject to this Arbitration Provision.

  
  

• Mastercard® Benefits

  Your Card is subject to the Mastercard® Guide to Benefits for Mastercard® Debit Cardholders.

  
  

• Last Modified

  This Agreement was last modified on July 1, 2019.