IMPORTANT – PLEASE READ CAREFULLY
1. Terms and Conditions for the Venmo Visa® Debit Card.
2. Your Information.
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who obtains a Card. What this means for you: When you apply for a Card, Venmo will ask for your name, address, date of birth, social security number or United States (U.S.) government issued tax identification number, and other information to help identify you. Venmo may also ask to see your driver's license or other government issued identification bearing your photo as verification of your identity. This information and documentation and the results of any verification procedures will be shared with Venmo, Shift and Issuer for Card program related purposes, and may also be used per their respective privacy policies (Venmo’s being made available at https://venmo.com/legal/us-privacy-policy/ and Issuer’s being made available herein) (collectively, the “Program Privacy Policies”). By agreeing to this Agreement, you acknowledge and agree to the Program Privacy Policies. By participating in the Card program, you warrant factual representation of the required information, including, but not limited to, your real name, valid U.S. mailing address and residential address (if different), social security number, date of birth, and telephone number, is accurate. If you falsify, misrepresent, or fail to provide requested information, we may refuse to approve your application for the Card and/or cancel your previously issued Card. In addition, funds tied to suspected illicit or illegal activity may be subject to both internal and potentially federal investigation. We reserve the right to restrict or delay your access to any such funds.
3. Your Card.
The expiration date of the Card shall be indicated on the Card. You agree to sign the back of the Card immediately upon receipt. The Card is a debit card that is funded by your Venmo Account balance. The Card is not a credit card. The Card in not a gift card, nor is it intended for gifting purposes. You will not receive any interest on your funds on the Card. The Card is not for resale. The funds in your Venmo Account will not expire, regardless of the expiration date on the “back” of your Card. The Card will remain the property of the Issuer 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. We may refuse to process any transaction that we believe may violate the terms of this Agreement. Write down your Card number and the Venmo customer service phone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed. Keep the paper in a safe place. Please read this Agreement carefully and keep it for future reference. Venmo will provide customer service for the Card, and will coordinate with Shift and the Issuer. You acknowledge and agree that Venmo, Shift and Issuer may, subject to applicable law, share information regarding you, your Venmo Account, your Card application and Card activity as necessary to provide customer service, service your Venmo Account, investigate and act on your Venmo Account and/or your Card related claims and as necessary to comply with applicable law. You can call Venmo customer service at 1-844-288-9628. Write down this phone number on a separate piece of paper in case your Card is lost, stolen, or destroyed. Keep the paper in a safe place. Venmo provides other methods to contact customer service. To learn more, visit https://venmo.com/contact-us/. Please read this Agreement carefully and retain a copy for future reference.
4. Business Days.
Our business days are Monday through Friday, excluding federal and legal banking holidays in the State of New York.
5. Activating Your Card.
You must activate your Card before it can be used. You may activate your Card by calling 1-844-288-9628. You may need to provide personal information in order to verify your identity.
6. Personal Identification Number.
A Personal Identification Number (“PIN”) is required to use your Card. You will be required to set a PIN during the Card activation process. You may call 1-844-288-9628 at any time to reset your PIN. 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 someone has gained unauthorized access to your PIN, you should advise us immediately following the procedures in the paragraph labeled “Your Liability for Unauthorized Transfers.”
7. Authorized Card Users.
You are responsible for all authorized transactions initiated and fees incurred by use of your Card. If you permit another person to have access to your Card or Card number, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of your Card according to the terms and conditions of this Agreement. See Section 26 for more information regarding your liability for unauthorized transfers.
8. Secondary Cardholder.
You may not request an additional Card (“Secondary Card”) to allow another person to access the funds in you Venmo Account.
9. Your Representations and Warranties.
By activating the Card or by retaining, using or authorizing the use of the Card, you represent and warrant to us that: (i) you are at least 18 years of age; (ii) you are a U.S. citizen or legal alien residing in the United States or the District of Columbia; (iii) you have provided us with a verifiable U.S. street address (not a P.O. Box); (iv) the personal information that you provide to us in connection with the Card is true, correct and complete; (v) you received a copy of this Agreement and agree to be bound by and to comply with its terms; and (vi) you accept the Card.
10. Cash Access.
The Card does not provide access to cash. You may not use your Card to obtain cash from any Automated Teller Machine (“ATM”), any bank branch or any Point-of-Sale (“POS”) device.
11. Using Your Card/Features-Limitations on Frequency and Dollar Amounts of Transactions.
The Card has a limit of $2,000 per transaction and a maximum weekly rolling limit of $4,999.99 (the “Card Limit”). This means you may not use the Card to conduct any single transaction in excess of $2,000, or multiple transactions totaling more than $4,999.99, in a rolling weekly period. For example, if you make purchases totaling $4,999.99 using the Card on a Monday at 11 AM ET, then at exactly 11:01 AM ET the following Monday, that $4,999.99 will no longer count against your Card Limit. The rolling weekly period may vary depending on when you first make a transaction.
The Card Limit is subject to the overall Venmo Account limits described in the Venmo User Agreement. Note: any transactions conducted using your Venmo Account will count towards the Card Limit (including payments sent to other Venmo users and/or Authorized Merchant Payments as described in the Venmo User Agreement).
Your actual spend limit may vary depending on our experience with you. Your limits are subject to periodic review and are subject to change based on your Card activity and other factors. Venmo retains sole discretion to apply and change limits.
12. Card Use and Purpose.
You may use your Card to purchase or lease goods or services anywhere in the United States, the District of Columbia or any U.S. Territory (Puerto Rico, Guam, Northern Marianas, the U.S. Virgin Islands, or American Samoa) where Visa debit cards are accepted as long as you do not exceed the value available through your Card.
13. Split Transactions.
Some merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available on the Card, to the Card. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined for insufficient funds.
14. Authorization Holds.
If you use your Card at an automated fuel dispenser (“pay at the pump”), the merchant may preauthorize the transaction amount for up to $75.00 or more. If your Card is declined, even though you have sufficient funds available, pay for your purchase inside with the cashier. If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20% of the purchase amount or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any preauthorization amount will place a “hold” on your funds against both your Card Limit and your Venmo Account balance 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 thirty (30) days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount.
15. Transactions Using Your Card Number.
If you use your Card number without presenting your Card (such as for a mobile application or an Internet purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make using your Card. Your Card cannot be redeemed for cash. You may not use your Card for online gambling or any illegal transaction.
Each time you use your Card, you authorize us to reduce the value available through your Card by the amount of the transaction and any applicable fees. You are not allowed to exceed the available amount via your Card through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the funds available through your Venmo Account, you shall remain fully liable to us and/or Venmo for the amount of the transaction and any applicable fees.
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. During the hold period, you will not have access to the preauthorized amount.
16. Non-Visa Debit Transactions.
New procedures are in effect that may impact you when you use your Card at certain merchant locations. In the past, transactions have been processed as Visa® debit transactions unless you entered a PIN. Now, if you do not enter a PIN, transactions may be processed as either a Visa debit transaction or as a STAR® or PLUS® transaction.
Merchants are responsible for, and must provide you with, a clear way of choosing to make a Visa debit transaction if they support the option. Please be advised that should you choose to use the STAR network when making a transaction without a PIN, different terms may apply. Certain protections and rights applicable only to Visa debit transactions as described in this Agreement will not apply to transactions processed on the STAR network. Please refer to the paragraph labeled “Your Liability for Unauthorized Transfers” for a description of these rights and protections applicable to Visa debit and non-Visa debit transactions.
To initiate a Visa debit transaction at the POS, swipe your Card through a POS terminal, sign the receipt, or provide your Card number for a mobile application or an Internet purchase.
17. Returns and Refunds.
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 Venmo Account for such refunds and agree to the refund policy of that merchant. The amounts credited to your Venmo Account may not be available for up to five (5) days from the date the refund transaction occurs. Neither Venmo, nor the Issuer, nor Shift is responsible for the delivery, quality, safety, legality or any other aspects of goods or services that you purchase from others with a Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided. Notwithstanding the foregoing, certain Card transactions may be eligible for Venmo’s Authorized Merchant Payment Protection program as described in the Venmo User Agreement. See the Venmo User Agreement for additional details.
18. Card Provisioning.
If you need to replace your Card for any reason, please contact Venmo at 1-844-288-9628 to request a replacement Card. You will be required to provide personal information which may include your Card number, full name, transaction history, copies of accepted identification, or other documentation.
19. International Transactions.
The Card may only be used to conduct transactions within the 50 United States, District of Columbia and U.S. Territories (Puerto Rico, Guam, Northern Marianas, the U.S. Virgin Islands, and American Samoa). The Card cannot be used to conduct international transactions, including, without limitation, transactions conducted on international merchant websites or mobile applications accessible within the U.S.
You should get a receipt at the time you make a transaction using your Card. You agree to retain, verify, and reconcile your transactions and receipts.
21. Venmo Account Balance/Periodic Statements Alternative.
You are responsible for keeping track of your available Venmo Account balance. Merchants will not be able to determine your available balance. It is important to know your available balance before making any transaction. You may obtain information about the amount of money you have available in your Venmo Account by using the Venmo mobile application or website. This information, along with a 12-month history of Card transactions, is always available by logging into your Venmo Account on Venmo.com. You also have a right to obtain a 24-month written history of Card transactions by emailing email@example.com or by calling 1-844-288-9628. You will not automatically receive paper statements.
22. Fee Schedule.
Neither we nor Venmo charge any fees associated with requesting, provisioning, or transacting with the Venmo Visa debit card. The only exception is if you attempt to use your Card to obtain funds from an ATM and the ATM operator charges you a fee, as explained further in this Section 22.
|CARD ISSUANCE FEE||$0.00|
|CARD REPLACEMENT FEE||$0.00|
|PAPER STATEMENT FEE||$0.00|
The Card cannot be used to obtain funds from an ATM, bank branch or any POS device. If you attempt to use an ATM, including to conduct a balance inquiry, you may be charged a fee by the ATM operator even if you do not complete a withdrawal. This ATM fee is a third-party fee amount assessed by the individual ATM operator only and is not assessed by us. This ATM fee amount will be charged to your Card.
24. Our Liability for Failure to Complete Transactions.
In no event will we be liable for consequential damages (including lost profits) extraordinary damages, special or punitive damages. We will not be liable, for instance: (1) If through no fault of ours, you do not have enough funds available through your Card to complete the transaction; (2) If a merchant refuses to accept your Card; (3) If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction; (4) If access to your Card has been blocked after you reported your Card lost or stolen or your Venmo Account was suspended or terminated; (5) If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use; (6) If we have reason to believe the requested transaction is unauthorized; (7) 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 (8) Any other exception stated in our Agreement with you.
25. Lost or Stolen Cards/Unauthorized Transfers.
Contact Venmo at once if you believe your Card or PIN has been lost, stolen or otherwise compromised, or if you believe an electronic transfer has been made using the information from your Card or PIN without your permission. You can call Venmo at 1-844-288-9628 or email Venmo at firstname.lastname@example.org. You can also send a written notice to PayPal Inc., Attn: Venmo Support, 222 W Merchandise Mart Plaza Suite 800, Chicago, IL 60654.
26. Your Liability for Unauthorized Transfers.
You agree to exercise reasonable control over your PIN, user ID and password and any other access code related to your Venmo Account, Card and Card number. Tell Venmo AT ONCE if you believe your Card or PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Also, if your transaction history shows transfers that you did not make, including those made with your Card or Card number, or you believe an electronic transfer has been made without your permission, tell Venmo at once. Contacting Venmo by phone at 1-844-288-9628 or by email at email@example.com are the best ways to minimize your possible losses. If you tell Venmo within two (2) business days after you learn of the loss or theft of your Card or PIN, you can lose no more than fifty dollars ($50.00) if someone used your Card or PIN without your permission. If you do NOT tell Venmo within two (2) business days after you learn of the loss or theft of your Card or PIN, and we can prove that we could have stopped someone from using your Card or PIN without your permission if you had told Venmo, you could lose as much as five hundred dollars ($500.00). If you do not tell Venmo within sixty (60) days after the earlier of either the date you electronically access your Venmo Account or the date Venmo sent the FIRST written history on which the error appeared, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told Venmo in time. If a good, documented, reason (such as a long trip or a hospital stay) kept you from telling Venmo, we will extend the time periods. You will not be liable for unauthorized use that occurs after you notify Venmo of the loss, theft or unauthorized use of your Card or PIN. You also agree to cooperate completely with us and Venmo in attempts to recover funds from unauthorized users and to assist in their prosecution. We may issue a replacement Card or PIN, but only after you have provided such proof and security or identification as we and/or Venmo may require. In addition, you acknowledge that we and/or Venmo may have to deactivate your Card and/or Venmo Account to prevent future losses. If you share your Card or PIN with another person, use of your Card by that person may be considered as authorized. If you authorize another person to use your Card or PIN, you agree that you will be liable for all transactions arising from use of the Card or PIN by such person except as otherwise set forth in this Agreement. In all cases, our liability for an unauthorized transaction is limited to reimbursing you for the face amount of the unauthorized transaction and any corresponding fees, except as otherwise required by applicable law. A transaction is unauthorized if it is not initiated by you, you did not give permission to make the transaction and you do not benefit from the transaction in any way. Visa’s Zero Liability policy covers U.S.–issued Cards only and does not apply to ATM transactions outside the Visa and PLUS networks, PIN transactions not processed by Visa, or certain commercial card transactions. Cardholder must notify Venmo promptly of any unauthorized use.
27. Other Miscellaneous Terms.
Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the State of New York except to the extent governed by federal law.
28. Amendment and Cancellation.
We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to Venmo and requesting cancellation or by calling 1-844-288-9628 or by requesting cancellation via email sent to firstname.lastname@example.org. Your cancellation of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
29. In Case of Errors or Questions About Your Card.
In case of errors or questions about your electronic transactions, call Venmo at 1-844-288-9628 or email email@example.com or write to Venmo immediately at PayPal, Inc., Attn: Venmo Support, 222 W Merchandise Mart Plaza Suite 800, Chicago, IL 60654 if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. Venmo must allow you to report an error until sixty (60) days after either the earlier of the date you electronically access your Venmo Account, if the error could be viewed in your electronic history, or the date Venmo sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling Venmo at 1-844-288-9628 or by email at firstname.lastname@example.org. You will need to tell Venmo: (1) Your name and the last 4 digits of your Card number; (2) The phone number and/or email address associated with your Venmo Account; (3) Why you believe there is an error, and the dollar amount involved; and (4) Approximately when the error took place.
If you provide this information orally, Venmo may require that you send your complaint or question in writing within ten (10) business days (five (5) business days for Visa Point of Sale unauthorized debit transactions). Venmo will determine whether an error occurred within ten (10) business days (five (5) business days for Visa Point of Sale unauthorized transactions) after hearing from you and any error will be promptly corrected. If more time is needed, however, Venmo may take up to forty-five (45) days to investigate your complaint or question. If Venmo decides to do this, Venmo will provisionally credit your Venmo Account within ten (10) business days (five (5) business days for Visa Point of Sale unauthorized debit transactions) for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation. If you are asked to put your complaint or question in writing and you do not provide it within ten (10) business days (five (5) business days for Visa Point of Sale unauthorized debit transactions) of the request, Venmo may not credit your Venmo Account.
For errors involving new Cards or POS transactions, Venmo may take up to ninety (90) days to investigate your complaint or question. For new Cards, Venmo may take up to twenty (20) business days to credit your Venmo Account for the amount you think is in error.
Venmo will tell you the results within three (3) business days after completing the investigation. If Venmo decides that there was no error, Venmo will send you a written explanation and debit your Card (via your Venmo Account) for any amount that was provisionally credited after the error was reported. Copies of the documents used in the investigation may be obtained by contacting Venmo at the phone number or address listed at the beginning of this section. If you need more information about error-resolution procedures, call Venmo at the telephone number shown above or email Venmo at email@example.com.
30. English Language Controls.
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 provided in the original English version of this Agreement.
31. Customer Service or Additional Information.
For customer service or additional information regarding your Card, please contact Venmo at 1-844-288-9628 or email firstname.lastname@example.org or by writing to PayPal, Inc., Attn: Venmo Support, 222 W Merchandise Mart Plaza Suite 800, Chicago, IL 60654.
For additional information on Venmo customer support, including current hours of operation, visit https://venmo.com/contact-us/. Customer service calls between you and Venmo may be monitored and/or recorded to assure the quality of customer service or as required by applicable law.
32. No Warranty Regarding Goods or Services as Applicable.
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.
33. Arbitration Provision.
This Arbitration Provision sets forth the circumstances and procedures under which Claims (as defined below) shall be arbitrated instead of litigated in court upon the election of either party.
(a) Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us, or between you and Shift Financial, Inc., Program Manager for the Venmo Visa Debit Card, or between you and PayPal, or any of their respective agents or retailers, 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 Agreement. “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 Cards; (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 that court; any appeals from that court shall be pursued only in arbitration. As used in this 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.
(b) 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 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 thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.
(c) 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 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. THE ARBITRATOR SHALL NOT CONDUCT A CLASS ARBITRATION OR A JOINT 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.
(d) 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.
(e) 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.
(f) 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 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.
(g) Continuation: This Arbitration Provision shall survive termination of your Card as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT USE THE CARD. CALL VENMO AT 1-844-288-9628 TO CANCEL YOUR CARD.
34. Delivery of Electronic Communications.
The following E-Communication Disclosure (“Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your Card and any related products and services (“Communications”), to the extent you have consented to receiving such Communications electronically. If you have not consented and would like to receive Communications electronically from us, please contact us via email at email@example.com.
Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic Communications includes, but is not limited to:
Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (1) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, (2) via e-mail, or (3) by posting such Communications on Venmo.com.
How to Withdraw Consent? You may withdraw your consent to receive Communications in electronic form at any time by contacting us at 1-844-288-9628 or visiting firstname.lastname@example.org or write to PayPal, Inc., Attn: Venmo Support, 222 W Merchandise Mart Plaza Suite 800, Chicago, IL 60654. If you do withdraw your consent, we will close your Card, except where prohibited by law. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your request for withdrawal. In the meantime, you will continue to receive Communications in electronic form. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.
How to Update Your Records. It is your responsibility to provide us with a true, accurate and complete e-mail address (if you have elected to receive e-mail messages from us), your contact information, and other information related to this Disclosure and your Card, and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) by contacting us at 1-844-288-9628 or at email@example.com.
Hardware and Software Requirements. In order to access, view, and retain Communications that we make available to you electronically, you must have:
Requesting Paper Copies. We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us by calling 1-844-288-9628 or writing to us at PayPal, Inc., Attn: Venmo Support, 222 W Merchandise Mart Plaza Suite 800, Chicago, IL 60654 or at firstname.lastname@example.org.
|FACTS||WHAT DOES METROPOLITAN COMMERCIAL BANK DO WITH YOUR PERSONAL INFORMATION?|
|Why?||Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.|
|What?||The types of personal information we collect and share depend on the product or service you have with us. This information can include:|
|How?||All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons Metropolitan Commercial Bank chooses to share; and whether you can limit this sharing.|
|Reasons we can share your personal information||Does Metropolitan Commercial Bank share?||Can you limit this sharing?|
|For our everyday business purposes such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus||Yes||No|
|For our marketing purposes to offer our products and services to you||Yes||No|
|For joint marketing with other financial companies||Yes||No|
|For our affiliates' everyday business purposes information about your transactions and experiences||No||We don't share|
|For our affiliates' everyday business purposes information about your creditworthiness||No||We don't share|
|For non-affiliates to market to you||No||We don't share|
|Questions?||Call 1-866-363-8226 or visit www.metropolitanbankny.com|
|What We Do|
|How does Metropolitan Commercial Bank protect my personal information?||To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We also maintain other physical, electronic and procedural safeguards to protect this information and we limit access to information to those employees for whom access is appropriate.|
|How does Metropolitan Commercial Bank collect my personal information?||We collect your personal information, for example, when you|
|Why can't I limit all sharing?||Federal law gives you the right to limit only:|
|Affiliates||Companies related by common ownership or control. They can be financial and non-financial companies. Metropolitan Commercial Bank does not share with our Affiliates so they can market to you.|
|Non-affiliates||Companies not related by common ownership or control. They can be financial and non-financial companies. Metropolitan Commercial Bank does not share with non-affiliates so they can market to you.|
|Joint Marketing||A formal agreement between non-affiliated financial companies that together market financial products or services to you. Our joint marketing partners include credit card account companies.|
|Other Important Information|
|For Alaska, Illinois, Maryland and North Dakota Customers. We will not share personal information with nonaffiliates either for them to market to you or for joint marketing – without your authorization. |
For California Customers. We will not share personal information with nonaffiliates either for them to market to you or for joint marketing – without your authorization. We will also limit our sharing of personal information about you with our affiliates to comply with all California privacy laws that apply to us.
For Massachusetts, Mississippi and New Jersey Customers. We will not share personal information from deposit or share relationships with nonaffiliates either for them to market to you or for joint marketing – without your authorization.
For Texas Customers. If you have a complaint, first contact the customer service division of Metropolitan Commercial Bank at 1-866-363-8226. If you still have an unresolved complaint regarding the company’s money transmission activity, please direct your complaint to Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554 (toll free), www.dob.texas.gov.
For Vermont Customers. We will not share personal information with nonaffiliates either for them to market to you or for joint marketing without your authorization, and we will not share personal information with affiliates about your creditworthiness without your authorization.