HVCU VISA® PREPAID CARDHOLDER AGREEMENT
This agreement includes all fees associated with this card
This Cardholder Agreement (the “Agreement”) sets forth the terms and conditions between you and Hudson Valley Credit Union (HVCU), the Card issuer (“Issuer”), that governs the Card. The Issuer is referred to in this Agreement as “we”, “us” or “Issuer.” Your retention of, signature on, or use of the Card constitutes your acknowledgment and acceptance of this Agreement, including (but not limited to) the Mandatory Arbitration provisions herein, the provisions herein relating to our right to amend this Agreement, and the fees and charges described herein. You should read this Agreement carefully and retain a copy for your future reference. If you do not agree to the terms and conditions in this Agreement, do not use the Card and close the Card as set forth in Section 21 below.
Customer Service, Lost or Stolen Cards, Unauthorized Transactions, Errors or Questions. If you believe your Card has been lost or stolen, your PIN has been discovered, or that someone has transferred or may transfer money from your Card without permission, or that a transaction is in error, or in the event you need to contact us pursuant to any of the provisions of this Agreement, you should call us at 1-855-428-7243 or write to us at: P.O. Box 1071, Poughkeepsie NY 12602-1071.
If your Card is Lost or Stolen contact us immediately at any HVCU branch or call 1-855-428-7243. You must provide the Card number and any other information we may request, such as date of purchase, original value load and transaction history. If there are available funds remaining on the Card, we will cancel the Card and transfer the balance to your replacement Card. Please allow approximately fourteen(14) business days for delivery of your new Card. We reserve the right to decline to issue a replacement Card for lost or stolen Cards. If you do not obtain a replacement Card and you have available funds remaining, those funds may be presumed abandoned after a specified period of time, as provided by applicable law.
You also may obtain information about the Card and Card services at www.hvcu.org/prepaid. Information about the Card and Card services including the privacy policy may be amended from time to time pursuant to this Agreement.
FEES FOR HVCU PREPAID CARD
The following fees apply to your purchase and use of the Card. Issuer reserves the right to add, subtract or modify these fees at any time pursuant to Section 23 or as otherwise provided in this Agreement.
| All Fees |
Amount |
Details |
| Monthly Usage |
| Monthly maintenance fee |
$4.95 |
Monthly fee is waived in any month in which you conduct at least 30 spend transactions |
| Add money |
| Cash reload |
$0.00 |
We do not charge a fee when reloading your Card. However, you may be charged a fee by a third party if you use a third party reload location. |
| Spend money |
| Per purchase |
$0.00 |
|
| Get cash |
| ATM withdrawal HVCU ATMs |
$0.00 |
HVCU ATM Network Locations can be found at https://www.hvcu.org/ About-Us/Contact-Us/location. |
| ATM withdrawal non-HVCU ATMs |
$2.00 |
This is our fee. You may also be charged a fee by the ATM operator, even if you do not complete a transaction |
| Information |
| ATM balance inquiry (HVCU ATMs) |
$0.00 |
HVCU ATM Network Locations can be found at https://www.hvcu.org/ About-Us/Contact-Us/location. |
| ATM balance inquiry (non-HVCU ATMs |
$0.00 |
You may be charged a fee by the ATM operator. |
| Using your card outside the U.S.* |
| International transaction |
2% |
Of the U.S. dollar amount of each transaction. |
| International ATM withdrawal |
$2.00 |
This is our fee. You may also be charged a fee by the ATM operator even if you do not complete a transaction. |
| Other |
| Card replacement fee |
Free |
|
| Expedited card delivery fee |
$17.50 |
|
| Statement copy |
$4 |
Fee is per item over 25 per month. Recent history is free at hvcu.org/ prepaid. |
*If you use your Card for transactions made in currencies other than U.S. dollars, the transactions will be converted to U.S. dollars under the then-current regulations established by the Card network that the transaction is processed on. Conversion to U.S. dollars may occur on a date other than the date of the transaction. The difference in the value of currency (more formally known as the exchange rate between the foreign currency and the billing currency) is either (1) a rate selected by the Card network from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate the Card network itself receives, or (2) the government-mandated rate in effect on the applicable central processing date. We will impose the applicable international fees set out in the Fee Schedule for any Card transaction (including reversals) made in a country other than the United States (including Puerto Rico, the Virgin Islands and other U.S. Territories).
Your funds are not NCUA insured.
No overdraft/credit feature.
Contact HVCU by calling 1-855-428-7243, by mail at P.O. Box 1071, Poughkeepsie NY 12602-1071, or visit our website.
For general information about prepaid accounts, visit www.cfpb.gov/prepaid. If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.
Activate your Card. Before using your Card, you will need to activate your Card. To activate your card you will need the 16-digit Card number. When you activate the Card, we may ask you for certain information that will allow us to identify you, such as your name, address, date of birth, social security number and/or phone number. You can activate your Card online at hvcu.org/prepaid or by calling 1-855-428-7243. You must create a 4 digit Personal Identification Number (PIN) before you can activate your Card. You must sign the back of the Card before using it. By activating your Card you have agreed to the terms and conditions of this Agreement.
CARD LIMITATIONS SCHEDULE
| |
Minimum |
Maximum |
| Load, Reload, and Balance Limits |
| Initial Load ($) |
$10.00 |
$5,000 cash
$5,000 transfer from HVCU account |
| Daily Reloads (#) |
N/A |
3 per rolling 24 hour period |
| Daily Reload Amount ($) |
$1 |
$5,000 cash
$5,000 transfer from HVCU account |
| Single Reload Amount ($) |
$1 |
$5,000 cash
$5,000 transfer from HVCU account
$5,000 direct deposit |
| Card Balance ($) |
N/A |
$10,000 |
| Transaction Limits (POS Terminals) |
| Transactions Per Day (#) |
N/A |
15 per rolling 24 hour period |
| Daily Transaction Amount ($) |
|
$2,500 per rolling 24 hour period |
| Single Transaction Amount ($) |
|
$2,500 per transaction |
| POS Cash Back |
| Transactions Per Day (#) |
N/A |
3 per rolling 24 hour period |
| Daily Transaction Amount ($) |
|
$510 per rolling 24 hour period |
| Single Transaction Amount ($) |
|
$510 per transaction |
| ATM Withdrawal Limits |
| Withdrawals Per Day (#) |
N/A |
3 per rolling 24 hour period |
| Daily Withdrawal Amount ($) |
|
$510 per rolling 24 hour period |
| Single Transaction Amount ($) |
|
$510 per transaction |
| Teller Withdrawal Limits |
| Withdrawals Per Day (#) |
N/A |
3 per rolling 24 hour period |
| Daily Withdrawal Amount ($) |
|
$2,500 per rolling 24 hour period |
GENERAL TERMS AND CONDITIONS
1. The Card. You acknowledge and agree that the Card is a general purpose reloadable HVCU Visa prepaid stored value Card. The Card is neither a gift Card, a credit Card, nor a deposit account debit Card. THERE IS NO CREDIT LINE, CREDIT CARD, OVERDRAFT PROTECTION, OR DEPOSIT ACCOUNT ASSOCIATED WITH YOUR CARD. YOU WILL NOT RECEIVE ANY DIVIDENDS ON FUNDS LOADED TO THE CARD. The monetary value accessible through use of the Card is limited to the funds that you have previously loaded to the Card or that have been loaded to the Card on your behalf. The Card is not and does not access an individual bank or credit union “account” for purposes of certain laws and regulations (including, but not limited to, Regulation E and Regulation DD of the Board of Governors of the Federal Reserve System) and Consumer Financial Protection Bureau. However, we may use the term “account” and related terms for convenience from time to time when communicating with you about the Card and transactions and inquiries made with the Card. You may access the funds loaded to the Card and perform Card transactions only as described in this Agreement. You cannot link the Card to any deposit or credit account that you may have with us or with any other financial institution, except as provided in this Agreement. You may not obtain or write checks or drafts to access Card funds. In our sole discretion we may refuse to issue a Card to anyone for any reason. Because your name will not appear on the front of a non-personalized Card, merchants who require identity verification may be unwilling to accept such Card. A personalized Card will be mailed to you following the purchase of the temporary Card. Upon activation of your personalized Card, any funds remaining on the temporary Card will be available on your personalized Card.
2. Certain Card Restrictions. You must be at least 18 years of age to purchase or use the Card. The Card is the property of Issuer and we grant you use of the Card solely for the purposes outlined in this Agreement. To the extent permitted by law, we may terminate or suspend your right to use the Card and/or to access the funds loaded onto the Card at any time without notice or liability (whether or not you are in default of any part of this Agreement). You must surrender the Card, either upon direct request by us, or any other financial institution or merchant who is acting upon our instructions.
Termination, whether by you or by Issuer, shall not affect prior transactions or obligations relating to your Card existing at the time of termination. Upon termination or surrender of the Card, any remaining balance, minus any applicable fees, charges and transactions, will be refunded to you. The Card is not for resale.
3. Your Personal Identification Number (“PIN”); Signature on the Card. You agree to sign the back of the Card immediately upon receipt to help protect your Card from unauthorized use. However, your responsibility for transactions with the Card, as described in this Agreement, does not depend on whether or not you sign your Card. If a PIN is established by you or us for use with the Card, you agree (i) not to provide the PIN or the Card to any person; (ii) not to write your PIN on the Card or anything else likely to fall into the wrong hands, and not to do anything else that would cause or increase the risk of unauthorized or fraudulent use of the Card; and (iii) to keep the Card and the PIN in a safe place and to otherwise protect the Card and PIN from fraudulent or unauthorized use. You are responsible for all transactions initiated by use of your Card. If you give someone your Card, Card number or PIN, you are authorizing that person to use your Card, and you will be responsible for all transactions that person performs while using your Card. All transactions that person performs even fraudulent transactions and transactions you did not intend or want to have performed, are authorized transactions.
4. Transactions with Your Card; Limitations. Subject to the terms and conditions of this Agreement, when funds have been loaded on your Card, you may use the Card as follows:
- You may use the Card at ATM Terminals, to make cash withdrawals and to make balance inquiries at ATMs displaying any of the debit Card brands displayed on the back your Card.
- You may use the Card to purchase goods or pay for services at merchants that accept any of the debit Card brands displayed on the back your Card (including transactions conducted over the Internet).
- You may use the Card to obtain cash withdrawals at any financial institution that displays any of the debit Card brands displayed on the back your Card.
- You may use your Card for reload transactions as described in this Agreement.
Some of these services may not be available at all terminals or on all electronic funds transfer networks, and some merchants or other third parties may not accept the Card for all transactions and services. We will not be liable or responsible for any merchant’s inability or refusal to honor your Card.
These transactions and services may be described in more detail in other parts of this Agreement, and subject to additional terms and conditions. For security reasons, we may from time to time impose additional limits or restrictions on the number and dollar amount or types of transfers or transactions that you can make using your Card and/or PIN. Also, your ability to initiate transactions may be limited by the terms of other agreements you have with us or as described in other disclosures we have made to you, or by applicable law. You agree to abide by and be bound by all applicable limitations, and you acknowledge that we may change applicable limitations at any time in our sole discretion.
5. Loading Value on the Card. You may load funds to the Card at any of the Issuer’s branch locations, by calling 845-463-3011, or through participating reload networks (i.e. Western Union® and Green Dot® MoneyPak®). You may arrange to have funds loaded directly to your Card by third parties such as your employer. Any additional load features of the Card program that may become available will be subject to additional terms and conditions that will be disclosed to you and that you may be required to accept prior to using such services. For security reasons, we reserve the right to change the amount that may be loaded on the Card at any time, without notice. We reserve the right to accept, reject, or limit the total amount loaded to your Card and to accept or reject any request to reload value to the Card in our sole and absolute discretion. We reserve the right to monitor and report any suspicious activity.
6. Availability of Loads. Our policy is to make funds loaded to your Card available immediately but not later than the two business days following the day of the load. Availability or use of funds loaded to the Card may be delayed or denied in the event of technology malfunctions, actions of third parties, terms and conditions of third party reload services, pursuant to our compliance with or discharge of legal or regulatory responsibilities, your arrangement with third parties, or as otherwise provided in this Agreement. Third party fees may apply for Card reload transactions, which vary by the applicable reload network.
7. Authorization and Payment of Transactions. You promise to use the Card to make only the types of transactions we have approved. You agree that we may process any Card transactions properly authorized through the use of the PIN, or through your signature or the signature of an authorized person using the Card, as the case may be, or otherwise authorized by you or any person using the Card with your consent or authorization. You appoint as your attorney-in-fact for any transactions or inquiries involving your Card each and every person who receives or otherwise uses the Card with your consent or authorization. All persons using the Card are bound by and subject to the terms and conditions of this Agreement. You agree that the methods and procedures for the authorization and authentication of Card transactions described in and contemplated by this Agreement constitute commercially reasonable security procedures for electronic funds transactions under applicable law. You authorize us to use the funds stored on your Card to pay the total amount of any transactions originated by use of the Card, any charges and any applicable fees. Your use of the Card for a payment, transfer, or cash withdrawal is regarded as a withdrawal from and/or use of Card funds at the time the Card is used, even if the transaction is not posted at that time, and you authorize us to deduct the amount of the transaction, charges and any applicable fees at that time.
8. Authorization Holds. We and/or some merchants (e.g., restaurants and other merchants who accept gratuities, gas stations, or hotels) may request preauthorization for a Card transaction in the purchase amount plus an estimated additional amount to ensure there are sufficient funds available to cover tips, incidental expenses, or the estimated final purchase amount. Such a preauthorization request may result in a “hold” on your available Card funds in the amount submitted for preauthorization (“Authorization Hold”). Once the final amount of the transaction is determined and has been processed and settled, your Card will be debited for final amount and the Authorization Hold will be removed. During the period of any Authorization Hold, the Card funds that are subject to the Authorization Hold will generally not be available for other Card transactions. We will have no liability to you in the event we decline any Card transaction because an Authorization Hold is in place. We reserve the right to release, in our sole discretion, any Authorization Hold in order to make funds available for other Card transactions, and if we do so we will have no liability to you if we subsequently reject the transaction corresponding to the Authorization Hold due to insufficient Card funds. We will have no liability to you in the event any merchant delays or fails to complete the final processing of any Card transaction that corresponds to an Authorization Hold, and/or in the event any merchant requests an Authorization Hold in error. In general, we will not be responsible for any transactions generated in error by merchants, processing agencies, or any other third parties not under our control, except as may be required under applicable law. During the period of any Authorization Hold the Card balance reported to you might not reflect what the Authorization Hold is or was in place because available balances are sometimes based on actual debits or credits to your Card rather than on Authorization Holds. You are responsible for knowing when you have initiated a Card transaction that might result in an Authorization Hold and for managing other Card transactions accordingly during the period of an Authorization Hold.
9. Shortages. You must have a sufficient balance of funds on the Card at the time of a transaction in order to perform the transaction. If you attempt a Card transaction for an amount that is greater than the available balance on your Card, we have no obligation to approve that transaction, even if we previously have approved other insufficient funds transactions. In the event that we, in our sole discretion, settle or pay a transaction with your Card when there are insufficient funds stored on the Card to pay for the transaction, this will result in a negative funds balance on your Card. You agree to immediately pay us the amount of the negative funds balance and any applicable fees without further demand by us, subject to the requirements of applicable law or regulation. We may deduct the amount of the negative balance and applicable fees from any funds subsequently loaded onto your Card, subject to the requirements of applicable law or regulation.
10. Balance and Transaction History. It is your responsibility to keep a record of the loads, withdrawals, fees, and other transactions on your Card so that you always will know the current balance of funds on your Card. You may inquire about the balance of funds available on your Card (i) at any ATM Terminal, (ii) by calling us at the telephone number provided in this Agreement, or (iii) online at www.hvcu.org/prepaid. When you conduct a transaction at a Terminal, you generally will be provided with a receipt for the transaction; however, you may not receive a receipt from the Terminal owner for certain small value transactions. We will not mail you a periodic statement regarding your Card transactions, except as required by applicable law; however, you may obtain a history of your Card transactions as described above. Because of operational constraints related to processing or posting transactions on your Card, balance information and transaction histories you obtain may not reflect transactions that are still in process at the time the information is provided. If you request a balance inquiry at an ATM Terminal, if you request to speak in person to one of our call center agents, or if you request us to mail a written transaction history to you, you may be charged a fee as disclosed in this Agreement. You may obtain information about the amount of money you have remaining in your prepaid account by calling 1-855-428-7243. This information, along with a 12-month history of account transactions, is also available online at www.hvcu.org/prepaid.
If your account is registered with us, you also have the right to obtain at least 24 months of written history of account transactions by calling 1-855-428-7243 or write to us at: P.O. Box 1071, Poughkeepsie NY 12602-1071. You will not be charged a fee for this information unless you request it more than once per month.
11. Transactions with Merchants. You may not stop payment on any Card purchase transaction, except as otherwise provided in this Agreement. We are not responsible for the quality of goods, property, or services you purchase with the Card. Any claims concerning goods, property, or services purchased with the Card must be resolved by you directly with the merchant or seller who accepted the Card, and any claim or defense that you assert against such merchant or seller will not relieve you of your responsibility to us for the total amount of the Card transaction.
If you are entitled to a refund for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds. No cash refunds will be made by us to you on Card purchases. If you have authorized a merchant to bill charges to your Card on a recurring basis, it is your responsibility to notify the merchant in the event your Card is replaced, your Card number or “good thru” date changes, or your Card is cancelled or terminated. However, if we issue a replacement Card to you, you authorize us, without obligation on our part, to provide information related to the replacement Card to the merchant in order to permit the merchant to bill recurring charges to the replacement Card, and you authorize us to apply such recurring charges to the replacement Card until you notify us and the merchant that you have revoked authorization for charges to the Card.
12. Illegal, Gambling and High-Risk Transactions. You agree that you will not use the Card for any transaction that is illegal in the jurisdiction where you live, in the jurisdiction where the transaction is consummated, or in any other jurisdiction affected by the transaction. You agree that it is your responsibility to determine the legality of each transaction in all applicable jurisdictions before entering into such transaction. Display of the Visa logo or any other logo by any person accepting the Card does not indicate that the transaction is legal in all applicable jurisdictions. You acknowledge and agree that we have no obligation to monitor, review or evaluate your Card transactions for legality and that we may presume that all of your Card transactions are legal in all applicable jurisdictions. You also agree that you will not use your Card in connection with any Internet or online gambling transaction, whether or not gambling is legal in any applicable jurisdiction. We reserve the right to decline any transaction that we believe is an illegal transaction, an Internet or online gambling transaction or a high-risk transaction. To the fullest extent permitted by law, you further agree that we are not responsible for the recovery or reimbursement to you of any funds transferred in connection with any transaction authorized by you that is determined to be illegal.
13. Terminals. Although Terminals should be generally reliable, they may not always be operating properly and available for your use at all times. You agree not to attempt a transaction when the circumstances indicate that the Terminal is closed, is not operating properly or is otherwise unable to effect the transaction you desire. Terminals may be closed from time to time. You agree that we will not be liable to you for any damages resulting from the unavailability or failure of Terminals to operate, except as required by applicable law. You agree that we are not responsible for providing security guards or, unless required under applicable law, other security measures at Terminals.
14. Consumer Liability. Tell us AT ONCE if you believe your HVCU VISA Prepaid Card or PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within 2 business days after you learn of the loss or theft of your card or PIN, you can lose no more than $50 if someone used your card without your permission.
If you do NOT tell us within two business days after you learn of the loss or theft of your card or PIN, and we can prove we could have stopped someone from using your card without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was provided to you, you may not get back any money you lost after the 60 days 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.
If you believe your card or PIN has been lost or stolen, call: 1-855-428-7243 or write to: Hudson Valley Credit Union, P.O. Box 1071, Poughkeepsie NY 12602-1071.
15. In Case of Errors or Questions About Your Prepaid Account. Telephone us at 1-855-428-7243, write us at P.O. Box 1071, Poughkeepsie NY 12602-1071 or contact us online at www.hvcu.org/about-us/secure-contact-form as soon as you can, if you think an error has occurred in your prepaid account. We must allow you to report an error until 60 days after the earlier of the date you electronically accessed 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. You may request a written history of your transactions at any time by calling us using the number above. You will need to tell us:
- Your name and card number
- Why you believe there is an error, and the dollar amount involved.
- Approximately when the error took place
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, and your account is registered with us, 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. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. 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.
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, call us at 1-855-428-7243 or visit hvcu.org/prepaid.
It is important to register your prepaid account as soon as possible. Until you register your account and we verify your identity, we are not required to research or resolve any error regarding your account. To register your account, go to www.hvcu.org/prepaid or call us at 1-855-428-7243. We will ask you for identifying information about yourself (including your full name, address, date of birth, and [Social Security Number] [government-issued identification number]), so that we can verify your identity.
16. Our Liability for Failure to Make Transfers. If we do not complete a transfer to or from your Card 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 funds available on your Card to complete the transaction.
(b) If the automated teller machine where you are making the transfer does not have enough cash.
(c) If circumstances beyond our control (such as fire, flood or other natural disasters, telecommunication or electrical outages and malfunctions, postal strikes or delays, or computer system failures) prevent the transaction, despite reasonable precautions that we have taken.
(d) If you have exceeded the limitations on frequency of transfers or dollar amount of transfers, if any, as specified in this Agreement.
(e) If your funds are being held or frozen or are subject to legal process, court order, or other restriction prohibiting the transaction.
(f) If your Card or PIN has been reported lost or stolen, or if we suspect that the Card or PIN is being used fraudulently or in breach of the terms of this Agreement, or if your Card has been damaged.
(g) If we do not receive the necessary transfer data from a third party, or if such data is incomplete or erroneous when received by us.
(h) If making the transfer would cause us to violate any law, rule or regulation to which we are subject.
(i) If your Card funds are presumed abandoned under applicable law, or if we consider your Card to be dormant or inactive under our policies and procedures.
(j) If any failure on our part was not intentional and resulted from a bona fide error, notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special or consequential damages).
(k) There may be other exceptions stated in our Agreement or otherwise provided by applicable law.
17. Disclosure of Information to Third Parties. We will disclose information to third parties about your Card account or the transactions you make:
(a) Where it is necessary for completing transactions, or
(b) In order to verify the existence and condition of your Card account for a third party, such as a credit bureau or merchant, or
(c) In order to comply with government agency or court orders, or
(d) If you give us your written permission, or
(e) Otherwise in accordance with our privacy policy, that you may obtain at any time by visiting any of our branches or by visiting our website at
hvcu.org/prepaid.
18. Fees and Charges for Use of the Card. You agree to pay all applicable fees and charges disclosed in the Card Fee Schedule in this Agreement or otherwise disclosed in this Agreement, and you authorize us to deduct these fees and charges from the funds stored on your Card without any further notice or demand, even if your Card is inactive, closed, abandoned, or unclaimed. We will discontinue charging you the Monthly Maintenance Fee after the second consecutive month your Card balance is zero or you have a negative balance. The Monthly Maintenance Fee will be assessed again once you have loaded additional funds so that the balance of the Card is positive.
We shall not be liable for dishonoring transactions on your Card because of insufficient funds resulting from deduction of these fees and other charges. We reserve the right to change fees and charges from time to time. You also may be charged separate fees by other third parties, such as ATM operators, merchants or other financial institutions, when you use the Card for a transaction with them. We do not control or set fees charged by such other parties and such fees are in addition to any fees that we may charge in connection with a transaction. If your Card has been lost, stolen or is damaged, you may request a replacement Card and you authorize us to deduct the amount of any applicable fees at that time.
19. Card Expiration; Renewal. Subject to applicable law, you may use the Card only through the “valid thru” date on the front of the Card. If you attempt to use the Card after the “valid thru” date, the transactions may not be processed. If you are in compliance with the terms of this Agreement, and there is a balance remaining on the Card after the “valid thru” date on the front of the card, you may call us and request a new Card. We will transfer the balance to a new Card and send it to you, subject to the other terms and conditions of this Agreement.
20. Closing a Card. As used in this section, the term “close” means any action by us to deactivate, cancel, repossess, revoke, or terminate or suspend your right to use the Card, and/or action by you to cancel and terminate your use of the Card. The Card remains our property and must be surrendered to us upon demand. We may, without any liability to you, close the Card at any time, for any reason or no reason, without prior notice, subject to applicable law. You may close your Card at any time by notifying us at the telephone number provided in this Agreement. Once the Card is closed, you may no longer use the Card. You must notify all third parties who may make preauthorized or recurring debits to your Card that the Card has been closed and make other arrangements for such transactions that do not involve the use of the Card. We may, in our sole discretion, honor or reject transactions to your Card after the Card has been closed, and we will have no liability to you for such actions. Acceptance of any transaction after the Card has been closed does not obligate us to reactive the Card.
Once your Card has been permanently and finally closed, whether by you or by us, we will arrange to transfer any remaining Card funds to you after deducting the amount of any applicable fees, charges, or transactions. If any attempt to load funds to your Card is made after the Card has been closed, you agree that we may accept and apply those funds to any debts or obligations you owe to us, including any applicable fees, charges and transactions under this Agreement. No closing of the Card will affect any of our rights or your obligations and responsibilities arising prior to such closing, or which by their nature or by express provision are intended to survive such closing. Notwithstanding the foregoing, if you close your Card prior to use because you do not agree to the terms and conditions of this Agreement, we will not deduct any fees. If you have activated your Card and request a refund of any unused balance, we will charge applicable fees described in the Card Fee Schedule and issue you a refund check or transfer the funds to your Credit Union account. Please allow 5 business days to process and mail the check.
21. Disclaimers; Indemnification. NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF THIS AGREEMENT, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL (INCLUDING LOST PROFITS), INCIDENTAL, EXTRAORDINARY, OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CARD AND RELATED SERVICES AND DATA IS AT YOUR SOLE RISK. THE CARD AND ALL RELATED SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER INCLUDING, WITHOUT LIMITATION, WARRANTIES OF AVAILABILITY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In providing the Card and related services to you, we assume no responsibility beyond the exercise of ordinary care, and we disclaim any duty or responsibility other than those expressly set forth in this Agreement. You agree that we will not be liable for any loss or damage due to delays or failure to perform resulting from circumstances beyond our reasonable control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures or natural disasters). The time, if any, required for such performance under this Agreement shall be automatically extended during the period of such delay or interruption. If we take any action with respect to your Card in accordance with your instructions or orders, or in accordance with this Agreement, or if you breach any term or condition of this Agreement or law, and we incur any loss, liability, damage, cost or expense (including reasonable attorney’s fees) as a result of any claim, demand, action, suit or proceeding brought or made by any party, you agree to indemnify and hold us harmless from and against such loss, liability, damage, cost or expense and to reimburse us for the amount thereof.
22. Inactive or Abandoned Cards. For security or other business reasons, we may consider your Card inactive or dormant after a certain period of time as determined from time to time by us (such period normally being not less than 180 days) during which you have not used your Card for any transactions or during which you have maintained a zero or negative balance on your Card. If your Card maintains a negative balance for at least 60 days, we will close the Card and begin procedures to collect the funds due us. We will continue to charge a monthly maintenance fee on accounts until the balance reaches a negative balance of $9.90 or we must escheat the funds to the state or governmental authority as described below. Once a Card has been placed in inactive or dormant status, certain Card transactions may be declined, you may not be able to access Card transaction history and information as provided in this Agreement, and/or you may need to contact us at the customer service number provided in this Agreement in order to reactivate the Card. Your Card and/or the funds stored on your Card also may be presumed abandoned after a period of time specified by applicable law. Card funds that are presumed to be abandoned will be escheated to the appropriate state in accordance with applicable law.
23. Changes to Agreement. We have the right to change the terms of this Agreement (including the separate sections hereof) and/or the fees, charges, features, operational elements, and other terms and conditions applicable to the use of the Card or transactions made with the Card, at any time and from time to time in our sole discretion. We may notify you of changes by (a) mailing a copy of the changes to your address that appears in our records, (b) by including notice of changes with or on your transaction history, and/or (c) by posting notices of changes on our web site at hvcu.org/prepaid or any subsequent official web site. Subject to any notice requirements provided by applicable law, any changes to this Agreement will be effective on the date we mail or otherwise provide them to you or on the date we otherwise specify in a notice to you or on a web posting. You agree that a summary of any change in terms is sufficient notice of such change. If you do not agree to any change in the terms and conditions of this Agreement, you must discontinue your use of the Card; and close the Card as set forth in Section 21. By using your Card after any such change, you agree to that change in this Agreement. Subject to any notice requirements provided by applicable law, you agree that we may from time to time in our sole discretion add to, modify, and/or delete administrative and operational features and elements applicable to the use of the Card and/or make any changes that are in your favor without notice to you. This Agreement may not be altered, modified or amended by you in any way without our express written agreement signed by our authorized officer. Any such attempt shall be void and shall have no legal effect. You acknowledge and agree that no practice or course of dealing between you and us, nor any oral representations or communications by you and/or any of our agents, employees or representatives, which vary the terms and conditions of this Agreement, shall constitute a modification or amendment of the terms and conditions of this Agreement.
24. Rules and Regulations; Other Agreements. You agree to be bound by operating rules and regulations imposed by any networks or clearinghouses in which we participate and/or which process transactions made with the Card. Such rules and regulations constitute a part of this Agreement. This Agreement constitutes the current, sole and entire agreement between you and us with respect to the Card and the use thereof, and any and all prior agreements with respect to the Card are superseded by this Agreement.
25. Assignment. You may not assign or transfer your Card or this Agreement, or any of your rights therein or thereunder, without our prior written acknowledgement and consent, which may be granted or withheld in our absolute discretion. We may assign this Agreement and/or any or all of our rights thereunder, or delegate any or all of our responsibilities thereunder, to any third party or parties in our sole discretion and without notice to you, subject to the requirements of applicable law. Subject to the foregoing, this Agreement shall be binding on the parties hereto and their respective successors and assigns.
26. Severability; No Waiver. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver our right to subsequently enforce such provision or any other provisions of this Agreement. With regard to terms used in this Agreement, the singular number shall include the plural and the plural shall include the singular, as appropriate.
The headings used in this Agreement are for convenience only and shall not be held to limit or affect the terms of this Agreement.
27. Notices. Any notice we send you will be considered effective when it is deposited in the U.S. Mail to the address in our records, or, at our option, when transmitted or made available to you pursuant to any other method to which you have agreed in connection with your Card, including, with respect to changes to this Agreement, any means or method described in this Agreement. You agree to notify us by either calling 845-463-3011 or on our website
www.hvcu.org/prepaid immediately of any change in your name, your residence or mailing address or phone number. We may use any source available to us to update and validate the accuracy of this information, but we have no obligation to do so. Unless otherwise provided in this Agreement, notice from you must be in writing. Written notice from you will not be deemed given to us until it has been received by one of our representatives who is authorized by us to consider and act on your notice. If we are required by law or agreement with you to act on any notice you have given to us, you agree that we will have a reasonable opportunity to act. Our failure to act or delay in acting on any notice from you does not constitute our acquiescence in, acceptance or acknowledgement of, or agreement or consent to the terms or substance of your notice.
28. Governing Law. This Agreement, the Card, your use of the Card, the enforceability and interpretation of this Agreement, and/or any claim, dispute or controversy arising from or relating to this Agreement, whether based on contract, tort, fraud and other intentional torts, statute, regulation, constitution, common law and/or equity, are governed by and will be construed in accordance with the laws of New York State (without regard to internal principles of conflicts of law) and applicable federal law. Any provision of this Agreement that conflicts with applicable law shall automatically be deemed amended to the extent necessary to make it conform to such applicable law as of the effective date thereof and shall be binding upon you without necessitating that we formally amend this Agreement in accordance with the procedures specified in this Agreement.
29. Adverse Claims To Card Funds. If we are notified or have reason to believe that the ownership of or the right to make withdrawals from the funds stored on your Card is disputed, we have the right to rely on your instructions. At our option, however, we may place a “hold” on funds until resolution of the controversy, or we may accept an indemnity satisfactory to us, or we may deposit the funds with a court until a court order directs us to do otherwise. If we choose to deposit the funds with a court, you agree to reimburse us for all attorneys’ fees and court costs we incur.
30. Legal Process Affecting Your Card. Should we receive by any means, in any jurisdiction, any legal process or other legal notice that purports to have been issued by or pursuant to the authority of any court or governmental agency for the restriction of Card use, or for the withholding, seizure or turnover of Card funds, or otherwise affecting your Card or records (“Legal Process”), you hereby instruct us to, and acknowledge and agree that we may, comply with such Legal Process. You further acknowledge and agree that, in complying with Legal Process, we may limit or suspend your access to your Card, refuse to permit withdrawals or transfers from or loads to your Card, and/or take such other action as we deem appropriate or legally required in our judgment and sole discretion, without regard to the ownership or original source of the funds on deposit and without requirement that the Legal Process name you or any Authorized User. We will not contest any Legal Process on your behalf. All Legal Process is subject to our right of setoff and security interest. We may assess a fee against your Card if we are served with Legal Process affecting your Card, and you agree that, if allowed by applicable law, we may deduct such fee from your Card funds before remitting any funds pursuant to any Legal Process. You also agree to pay any research and copy services fees, in addition to administrative and attorney’s expenses we incur in responding to Legal Process affecting your Card. If you have another account with us, you authorize us to deduct fees and expenses associated with the Legal Process affecting your Card from any of your accounts without notice to you, even if such deductions result in overdrafts in any of your accounts. You may request current information about the fees we may charge in connection with Legal Process from any of our customer service representatives. We will not be responsible for any damages you may suffer as a result of our refusal to allow you to withdraw money or our refusal to authorize transactions due to any Legal Process affecting your Card, or as a result of any other act or omission on our part in connection with any Legal Process.
31. Customer Identification. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you request a Card, we will ask for your name, current address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
32. A. MANDATORY ARBITRATION. Any claim, dispute, or controversy (“Claim”) arising out of or relating to this Agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”) in the State of New York, under the AAA Consumer Rules in effect at the time the Claim is filed (“AAA Rules”). Copies of the AAA Rules and forms can be located at
www.adr.org, or by calling 1-800-778-7879. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. The costs of the arbitration, including arbitrator’s fees, shall be borne equally by the parties to the arbitration, unless the arbitrator orders otherwise. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrarily, enforceability, or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver.”
B. CLASS ACTION WAIVER. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multi-plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
C. WAIVER OF JURY TRIAL. Subject to and without modifying or waiving in any way the clauses above entitled “Mandatory Arbitration” and “Class Action Waiver,” each of the parties hereby unconditionally waives any right to a jury trial with respect to and in any action, proceeding, claim, counterclaim, demand, dispute, or other matter whatsoever arising out of or related to this Agreement.