JG Wentworth® Visa® Reward Card CARDHOLDER AGREEMENT

IMPORTANT – PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.

Fees and Expiration Dates Associated with your Prepaid Card

Subject to applicable law, one month after your Card expires, a monthly maintenance fee of $2.95 will be assessed to your Card. This fee will be assessed to your Card as long as there are funds remaining on your Card.

In Network ATM Withdrawal Fee1: $0.00 (unless your Card indicates “No Cash Access,” in which case ATM transactions are not permitted).

Out of Network ATM Fee2 3: $3.00 (unless your Card indicates “No Cash Access,” in which case ATM transactions are not permitted).

Replacement Card Fee: $5.00 (does not apply for requests due to expired card).

Foreign Transaction Fee: 3% of transaction amount (see section labeled “Using Your Card” for additional information).

Although your Card may have an expiration date, the funds on your Card do not expire. Upon expiration, you must call the number on the back of your Card to receive another card to access the remaining balance on your Card.

1“In-Network” refers to the MoneyPass ATM network. For locations of MoneyPass ATMs at www.moneypass.com.

2“Out of Network” refers to all ATMs outside of the MoneyPass ATM network

3If making an “Out of Network ATM Fee” internationally, a “Foreign Transaction Fee” of 3% will be charged in addition to the $3.00 “Out of Network ATM Fee”.

This Cardholder Agreement (“Agreement”) contains the terms and conditions under which the JG Wentworth® Visa® Reward Card has been issued to you. By accepting, signing, or using the Card, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement, "Card" means the JG Wentworth® Visa® Reward Card issued to you by MetaBank®. "You" and "your" means the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. "We," "us," and "our" mean MetaBank, our successors, affiliates or assignees. The Card will remain the property of MetaBank and must be surrendered upon demand. The Card is nontransferable, and it 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.

1. ABOUT YOUR CARD

Your Card is a prepaid incentive card loaded with a specific value and redeemable where Visa debit cards are accepted. Your Card may have certain restrictions, which are indicated on the back of the Card. If your Card indicates it is “Non-Reloadable,” it can only be loaded once. If your Card indicates it has “No Cash Access,” it cannot be used to obtain cash from an Automated Teller Machine (ATM) or through any purchase transaction. You do not have the ability to add funds to the Card. The corporate sponsor from whom you received your Card may add additional funds to your Card if it is reloadable. The Card is issued for loyalty, award, or promotional purposes and is not a gift card; nor is it intended for gifting purposes. You should treat your Card with the same care as you would treat cash. Your Card account does not access a checking or savings account and is not connected in any way to any other account you may have. The Card is not a credit card. You will not receive any interest on the funds on your Card. If you register your card, the funds on your Card are insured by the Federal Deposit Insurance Corporation (“FDIC”); any FDIC insurance is subject to applicable limitations and restrictions of such insurance. All deposits and other prepaid cards that you have with us may be considered together for purposes of determining the amount of FDIC insurance. You may register your Card by calling the number from the label affixed to the card or by calling the phone number on the card carrier.

2. USING YOUR CARD

a. Using Your Card and Limitations

You must activate your Card prior to use by calling the phone number on the label affixed to the card or the number on the card carrier. Once your card is activated, you may check your balance either through the IVR (1-844-834-4918) or by going to the www.JGWRewardCard.com website. The funds accessible to you after activation are provided by the company that is providing you the Card for loyalty, award or promotional purposes, not the issuer of the Card. That company is fully responsible for ensuring funds are available to be loaded to your Card.

You may use your Card to purchase goods or services wherever Visa Cards are accepted as long as you do not exceed the value available on the Card.

As stated above, unless your card indicates it has “No Cash Access,” you may be able to use your Card to obtain cash at an ATM. However, the total number of ATM withdrawals are limited to 3 per day and a maximum amount of $500 amount per twenty-four (24) hour period. You may use your Card, at merchants and ATMs that accept debit or ATM cards in the Visa® or NYCE® networks. If you use a Surcharge Free Money-Pass ATM, you will not be assessed a fee for an ATM withdrawal.

Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction and any applicable fees. We may refuse to process any transaction that we believe may violate the terms of this Agreement or is unauthorized or fraudulent. YOUR CARD HAS A “VALID THRU” DATE EMBOSSED ON THE FRONT OF THE CARD. ONCE THE “VALID THRU” DATE HAS PASSED, YOUR CARD MAY BE SUBJECT TO A $2.95 MONTHLY MAINTENANCE FEE, SUBJECT TO APPLICABLE LAW.

We are not responsible to you if a merchant does not accept your Card. We may block access to your Card if you report your Card or PIN lost or stolen. We may place a hold on funds on your Card if they are subject to any legal process or other encumbrance restricting their use. For security reasons, we may limit the amount, number or type of transactions you can make with your Card.

Each time you use your Card, you represent and warrant to us that you are either the Cardholder or an authorized user of the Card. If you permit someone else to use your Card, we will treat this as if you have authorized such use and you will be responsible for any transactions made subject to such use.

If you have questions on Card usage, please call us at 1-844-834-4918.

Foreign Transaction Fee: If you make a purchase in a currency or country other than the currency or country in which your Card was issued ("Foreign Transaction"), the transaction will be converted to U.S. Dollars in accordance with the Currency Conversion process below, and you will be charged a fee equal to 3% on the total amount of the transaction in U.S. Dollars. Transactions occurring in U.S. territories may be considered Foreign Transactions, so transactions originating from these locations may be subject to Foreign Transaction Fees. If there is a credit to your Card for a previous Foreign Transaction, we will not refund any Foreign Transaction Fee that may have been charged on the previous transaction.

Currency Conversion: If you make a Foreign Transaction in a currency other than the currency of your Card, the amount deducted from your Card will be converted by the network that processes the transaction into an amount in the currency of your Card. Visa U.S.A. Inc. currently uses a conversion rate that is either: (i) selected from the range of rates available in wholesale currency markets (which may vary from the rate the association itself receives), or (ii) the government-mandated rate in effect for the applicable central processing date. The conversion rate selected by the network is independent of the Foreign Transaction Fee that we charge. The conversion rate that is used by the network is the rate in effect on the date that a transaction is submitted to and processed by the network, which may be different than the conversion rate in effect on the transaction date.

Certain merchants may require verification of your address during certain types of transactions. Some merchants may check to make sure the name and mailing address indicated for purchases matches the Card address. Therefore, if the Card has not been registered or you do not supply the address currently on file for the Card, you may not be able to complete a transaction for which this information has been requested. If you wish to make a transaction where this is the case, you will need to go to www.JGWRewardCard.com to register your Card.

b. Personal Identification Number (“PIN”)

You will receive a Personalized Identification Number (“PIN”) when activating your Card by calling the number on the back of your card. You can use your PIN with your Card, at any point-of-sale device which requires entry of a PIN that participates in the Visa® or NYCE® PIN networks. Never share your PIN with anyone. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately, following the procedures in the section labeled “Unauthorized Transactions”.

c. Obtaining Card Balance Information

You should keep track of the amount of value loaded on your Card. You may obtain information about the amount of money you have remaining in your Card account by calling 1-844-834-4918 or visiting www.JGWRewardCard.com. This information, along with a history of Card transactions is also available on-line at www.JGWRewardCard.com.

d. Stop Payment

You do not have the right to stop payment on any purchase transaction originated by use of your Card.

e. Holds for Preauthorized Transfers

With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), your Card may be “preauthorized” for an estimated amount or amount greater than the transaction amount to cover gratuity or incidental expenses. Any preauthorization amount will place a “hold” on your available funds 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. During this time, you will not have access to funds on which a hold has been placed. If a transaction is preauthorized and the purchase is not completed, the preauthorization may result in a hold for that amount of funds.

f. 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 in accordance with the merchant’s return policies. If the merchant credits your Card, the credit may not be immediately available. While we post merchant refunds when they are received, 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.

g. Receipts

You can get a receipt at the time you make a transaction or obtain cash using your Card. You agree to retain your receipt to verify your transactions.

h. Split Transactions and Other Uses

If you do not have enough funds available on your Card account, you can ask 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 a split transaction if you pay the remaining amount in cash.

If you use your Card number without presenting your Card (such as for an internet transaction, a mail order or a telephone purchase), the legal effect will be the same as if you used the Card itself.

You agree not to engage in an individual transaction or a series of transactions that (together with fees) exceeds the available amount on your Card. Nevertheless, if we honor a transaction that exceeds the balance of the funds available on your Card, you will remain fully liable to us for the amount of the transaction (together with fees) and agree to pay us promptly for the negative balance. We may debit any subsequent credits to the Card or any account you have with us for the amount of any negative balance on your Card. We also reserve the right to cancel and close your Card if you create a negative balance with your Card, even if we chose to honor the transaction that resulted in the negative balance.

You are responsible for all transactions initiated by use of your Card, except as otherwise set forth herein. Your Card may not be used in connection with any illegal transaction, any casino, or in any gambling activity. We may refuse to process any transaction that we believe may violate the terms of this Agreement.

i. Card Replacement and Expiration

The funds on your Card do not expire. The “valid thru” date indicated on the front of your Card is not an expiration date on the funds, but is intended primarily for fraud prevention purposes. After the “valid thru” date, you will need to call the number on the back of the Card to request a new replacement card with a new “valid thru” date. If your Card is lost or stolen, we will charge a $5.00 Replacement Card fee (this fee does not apply for replacement card requests due to card expiration).

3. Business Days

For purposes of this Agreement, our business days are Monday through Friday, excluding days on which a Federal Reserve Bank is closed.

4. Unauthorized Transactions

a. Contact

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, call: 1-844-834-4918 or write: JG Wentworth Prepaid Services, 201 King of Prussia Road, Suite 501, Radnor PA 19087. Telephoning Customer Service is the best way of keeping your possible losses down. You could lose all your money on your Card.

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 ask you for a written statement, affidavit or other information in support of the claim. We will charge a $5.00 Replacement Card fee (subject to applicable law) for issuing a Card in replacement for any lost or stolen Card, which will be deducted from the balance on the Card. A reissued Card may take up to 30 days to process. You acknowledge that purchases made with your Card, are similar to purchases made with cash. You cannot “stop payment” on such transactions. Any problems or disputes you may have regarding a purchase should be addressed directly with the merchant.

b. Your Liability for Unauthorized Visa Prepaid Card Transactions

Under Visa rules, your liability for unauthorized Visa debit transactions on your Card account is $0.00 if you notify us within two (2) business days and you are not grossly negligent or fraudulent in the handling of your Card or PIN. This reduced liability does not apply to PIN transactions not processed by Visa or ATM cash withdrawals.

c. In Case of Errors or Questions About Your Card

Contact us as soon as you can if you think an error has occurred on your Card. You must contact us within sixty (60) days after the earlier of the date you electronically access your Card history in which the transaction was reflected, or the date we sent the FIRST written history on which the unauthorized transfer appeared. You will need to tell us:

  1. Your name and Card number (if any);
  2. A description of the error or the transaction you are unsure about, including the approximate date when the error or transaction took place;
  3. Why you believe there is an error or why you need more information; and
  4. The dollar amount of the suspected error.

We may require you to put your complaint or question in writing. If we determine an error occurred, we will correct the error promptly.

5. Our Liability for Failure to Complete Transactions

If we do not complete a transaction 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 and damages proximately caused by us. However, there are some exceptions. We will not be liable, for instance:

  1. If, through no fault of ours, you do not have enough funds available on your Card to complete the transaction;
  2. If a merchant refuses to accept your Card;
  3. If an ATM where you are making a cash withdrawal does not have enough cash;
  4. If an electronic terminal where you are making a transaction does not operate properly and you knew about the break-down when you started the transaction;
  5. If access to your Card has been blocked after you reported your Card or PIN lost or stolen;
  6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
  7. If we have reason to believe the requested transaction is unauthorized;
  8. 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
  9. For any other exception stated in our Agreement with you.

6. Limitation on Liability

The only damages that you may be able to recover from us, J.G. Wentworth or our affiliates with respect to the Card or this Agreement are actual damages that are proximately caused by a breach of an obligation to you. In no event will you be able to recover any indirect, consequential, exemplary, special or punitive damages, even if you have been advised of the possibility of such damages.

7. Other Terms

You may not transfer or assign your Card, or any of your rights or obligations under this Agreement. We may transfer or assign any or all of our rights or obligations under this Agreement or any interest we have in your Card. Use of your Card is subject to all applicable rules and customs of any network involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. We may (without prior notice and when permitted by law) set off the funds on your Card against any due and payable debt you owe us, or J.G. Wentworth or its affiliates whether now or in the future). 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 federal law or, to the extent governed by state law, the law of the State of South Dakota.

8. Amendment and Cancellation

You will be notified of any change in the manner required by applicable law. You may close your Card at any time by contacting us at 1-844-834-4918. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

9. Telephone Monitoring/Recording

From time to time, we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.

10. No Warranty Regarding Goods and Services

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.

11. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

12. Arbitration

Purpose: This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.

Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to the Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreements. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Card, or the Cards of any additional cardholders designated by you; (ii) the amount of available funds on the Card; (iii) advertisements, promotions or oral or written statements related to the Cards, goods or services purchased with the Cards; (iv) the benefits and services related to the Cards; and (v) your enrollment for any Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court.

As used in the Arbitration Provision, the terms “we” and “us” shall for all purposes mean the Bank, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Cards (including, but not limited to merchants who accept the Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or ”yours” shall mean all persons or entities approved by us to have and/or use a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional cardholders.

Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either the Judicial Arbitration and Mediation Services (“JAMS”), or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select either of the other organizations listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.

Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE JAMS, OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.

Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.

Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Continuation: This Arbitration Provision shall survive termination of your Card as well as voluntary payment of any debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

This Card is issued by MetaBank, Member FDIC, pursuant to a license from Visa U.S.A Inc.
5501 S. Broadband Lane
Sioux Falls, SD 57108
1-844-834-4918
www.JGWRewardCard.com
©2016 MetaBank