Cash Rewards Card Cardholder Agreement
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Last Updated: May 12, 2011
SmartyPig Cash Rewards Card Cardholder Agreement
This Cardholder Agreement (“Agreement”) sets forth the terms of
your SmartyPig Cash Rewards Card (“Card”). Please read this Agreement,
along with the Card carrier packaging your Card was adhered to carefully and keep
both of them for your records.
In this Agreement, the words “you” and “your”
mean the individual who purchased a Card.“We,” “us” and “our”
mean First National Bank of Omaha, the issuer of the SmartyPig Cash Rewards Card.
“Our Mail Address” is PO Box 84026, Columbus, Georgia 31908-4026.
A “transaction” means any use of your SmartyPig Cash Rewards Card
to make a purchase or obtain cash.
- Your Agreement. By activating, using, or allowing another person
to use the Card, you agree to this Agreement. If you do not agree to this Agreement,
do not use your SmartyPig Cash Rewards Card and cancel this Agreement by calling
toll-free (888) 567-6278. Upon providing us notice of cancellation and deducting all applicable fees disclosed, we will refund you the balance remaining on the Card.
- Description of the SmartyPig Cash Rewards Card. This Card is issued
by us pursuant to a license with MasterCard International, Inc. MasterCard is a
registered trademark of MasterCard International, Inc. The SmartyPig Cash Rewards
Card is a prepaid card and not a device that accesses money in an individual checking
or savings account. When you use the SmartyPig Cash Rewards Card, you are redeeming
the value of the card and not making a withdrawal from a deposit account. The SmartyPig
Cash Rewards Card is NOT a gift card and is NOT a credit card or charge card that
allows you to make purchases or obtain advances and pay later.
- Activating Your Card. Prior to using your Card the first time,
you must first activate your Card and choose a Personal Identification Number (“PIN”).
You can choose your PIN online at www.smartypig.com. You must have your Card with
you to activate it or for any refunds. Important Information About Procedures for
Activating a SmartyPig Cash Rewards Card: 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 set-up your account with
SmartyPig you were asked to provide your name, address, date of birth, and other
information for a financial institution to identify you. As a condition for receiving
this SmartyPig Cash Rewards Card, we may ask you to submit some and/or all of this
information directly to us prior to activating your Card in order for us to confirm
your identity. We may also ask to see your driver’s license or other identifying
documents.
- Reloading Your Personalized Card. You may only reload additional
amounts onto your Card after it is activated through the account you set up with SmartyPig, LLC. Please refer to the Card Carrier for specific reload methods available. Once funds have been loaded to your SmartyPig Cash Rewards Card they cannot be transferred back to the original funding source.
Additional Information about Reloading through Direct Deposit. If your SmartyPig Cash Rewards Card has been provided with this type of functionality, you will be able to log onto www.smartypig.com and obtain the bank routing number and pseudo account information. Once you have this information, you may provide that information to have funds directly loaded onto your SmartyPig Cash Rewards Card. Please keep these numbers in a safe place and only provide them to those that have a need to know them.
- Use of Card. The SmartyPig Cash Rewards Card may only be used for
personal, family or household purposes. You may use your SmartyPig Cash Rewards
Card for the following transactions:
- To make purchases everywhere MasterCard debit cards are accepted.
- To obtain cash from participating ATMs that accept debit Cards, or from participating
financial institutions.
- For security reasons, there may be limits on the amount, number, and/or type of
transactions you can make using your SmartyPig Cash Rewards Card.
Please refer to the Card carrier packaging your Card was attached to for the specific
restrictions related to your Card.
- Preauthorized payments. If you have told us in advance to make
regular payments using your SmartyPig Cash Rewards Card, you can stop any of these
payments. Here’s how: Call us at (888) 567-6278, or write us at Our Mail Address,
in time for us to receive your request 3 business days or more before the payment
is scheduled to be made. If you call, we may also require you to put your request
in writing, to provide us with a copy of your notice to the payee revoking the payee’s
authority to originate debits to your card, and get it to us within 14 days after
you call. If we do not receive the written confirmation within 14 days, we may honor
subsequent debits to your SmartyPig Cash Rewards Card. If these regular payments
may vary in amount, the person you are going to pay will tell you, 10 days before
each payment, when it will be made and how much it will be. If you order us to stop
one of these regular payments 3 business days or more before the transaction is
scheduled, and we do not do so, we will be liable for your losses or damages. If
you intend to use your SmartyPig Cash Rewards Card for recurring transactions (ones
that are automatically charged to your card each month by a merchant), you should
monitor your card balance to make sure it is sufficient to cover the transactions.
Because your SmartyPig Cash Rewards Card is prepaid and does not carry a credit
line, a merchant that you have authorized to submit recurring transactions may suspend
or cancel your service if the card does not have enough value when the recurring
transaction is submitted.
- Additional Personalized Card. You can request for us to issue an
additional Card (however we are not required to do so and will approve or deny such
a request in our sole determination), in the name of a person identified by you,
that will be linked to your Card. We may ask for information about the person to
whom you want us to issue an additional Card and reserve the right to not approve
your request for an additional Card. Only two Personalized Cards may be linked together.
Value may be added to linked Cards using either Card, and any value added to the
linked Cards may be accessed by both Cards. Both linked Cards are governed by this
Agreement, and all reloads and transactions on linked Cards will be considered together
for purposes of the transaction and reload limits. The persons to whom we issue
linked Cards are responsible individually and together for all obligations under
the Agreement for both cards. We may honor instructions from one of you with respect
to linked Cards, even if we receive conflicting or no instructions from the other
person. Any notices regarding linked Cards may be provided only to the person who
requested the additional Card.
- Your Responsibilities. You are responsible for the following:
- You must maintain value on your SmartyPig Cash Rewards Card to pay for each transaction
and all applicable fees. If you attempt a transaction for more than the value available
on your SmartyPig Cash Rewards Card, the transaction may be declined.
- You agree we may deduct the amount of your transactions and applicable fees, and
any other amount you owe us in connection with any Card, directly from the balance
of your SmartyPig Cash Rewards Card.
- You must pay us immediately on demand if, for any reason, your SmartyPig Cash Rewards
Card does not have a sufficient balance to Cover the amount of a transaction and
amounts owed to us.
- You will not authorize anyone else to use your SmartyPig Cash Rewards Card, or transfer
your Card to anyone. You are not permitted to resell your SmartyPig Cash Rewards
Card.
- You will not use your SmartyPig Cash Rewards Card in an illegal reload or transaction
or in connection with an Internet gambling transaction.
- You will take reasonable steps to protect the security and confidentiality of the
PIN you select for your SmartyPig Cash Rewards Card.
- You will notify us right
away if you believe your SmartyPig Cash Rewards Card or PIN has been lost or stolen
or that someone has used or may use your card or PIN without your permission. You
can notify us online at www.smartypig.com or by calling (888) 567-6278 or writing
to us at Our Mail Address. See “Your Liability for Unauthorized Use of Your SmartyPig
Cash Rewards Card or PIN.”
- You agree to cooperate with us in our investigation of any possible unauthorized
use of your SmartyPig Cash Rewards Card.
- Fees. A description of potential SmartyPig Cash Rewards Card fees
is listed below. The Card carrier packaging your Card was adhered to contains the
amount, if any, we will charge you for each of the fees listed. We can change the
fees as described in section 19 below.
- Initial Card Fee. A fee paid when the Card is initially requested.
- Monthly Maintenance Fee. Due when the Card first becomes available
for use and monthly thereafter.
- Domestic ATM and OTC Fee. When you use a foreign ATM in the United
States you may be charged a fee by the ATM’s operator or any network used. When
performing an OTC cash withdrawal, there may also be an additional fee charged by
the financial institution honoring the Card.
- International ATM Fee. When you use a foreign ATM outside of the
United States you may be charged a fee by the ATM’s operator or any network used.
- Domestic and International ATM Balance Inquiry Fee. You may be
charged for a balance inquiry even if you do not complete a funds transfer.
- Secondary Card Fee. Due for each secondary Card requested.
-
Paper Statement. Available upon request.
- Lost/Stolen Replacement Fee. Due for each replacement Card that
you request.
- Expedited Shipping Fee. Due for delivery of the
Card or any replacement Cards using a method other than standard mail.
- Customer Service Fee. Due for each call made in to a customer service
representative.
- Research Fee. Special research and documentation (which may include
authorization hold removal, account verification, account balancing, etc.).
- Exchange Rate Adjustment. Assessed on all transactions made in
currencies other than U.S. Dollars.
- Funds Transfer Fee. Due for each transfer of funds from the Card
to any checking or savings account in the United States.
- Monthly Inactivity Fee. Due when you do not have a credit or debit
transaction on the Card during a calendar month.
- Check Issuance Fee. Due any time the account is closed prior to
expiration date of the Card, when the Card has a remaining balance and a check for
the remaining balance is requested.
- Reload Fee. A fee paid when certain reload methods are used to
add funds to the Card. Refer to www.smartypig.com for more details.
- Refunds and Merchant Disputes. If you are entitled to a refund
for any reason, you agree to accept a credit to your SmartyPig Cash Rewards Card
instead of a cash refund, if the merchant does not provide cash refunds. You will
settle all disputes about purchases you make using your SmartyPig Cash Rewards Card
with the merchant who honored the card. We are not responsible for the delivery,
quality, safety, legality or other aspect of goods or services that you purchase
from others with the SmartyPig Cash Rewards Card.
- FDIC Insurance; No Interest Paid. Amounts that you load or reload
on a SmartyPig Cash Rewards Card are insured by the Federal Deposit Insurance Corporation
(“FDIC”) up to the maximum amount provided by applicable law. You (the interest
rate and Annual Percentage Yield are 0%).
- When Value on Your Card Is Available. Our policy is to make value
that you load to your Card available immediately.
- Authorizations and Authorization Holds. When you use your SmartyPig
Cash Rewards Card to pay for goods or services, certain merchants, including but
not limited to car rentals, hotels and certain service-oriented merchants, may ask
us to authorize the transaction in advance and may estimate its final value. When
we authorize the transaction, we commit to make the requested funds available when
the transaction finally settles and may place a temporary hold on your SmartyPig
Cash Rewards Card funds for the amount indicated by the merchant. Some restaurants
and some other service-oriented merchants may factor in an additional 20% (or more)
to cover any tip you may leave on the purchase. If this occurs, and your total bill,
after adding in the additional 20% (or more), exceeds the amount available in your
card account, your transactions will be declined. Accordingly, you may want to ensure
that your card account has an available balance that is 20% (or more) greater than
your total bill prior to using your Card. Similarly, if applicable, some gas stations
may factor in additional amounts to cover potential filling of the tank; if you
want to avoid such a hold, you may want to pay inside the gas station, instead of
paying at the pump. If the amount of the authorization request exceeds the value
on your SmartyPig Cash Rewards Card, the transaction may be declined. Transactions
at certain merchants that authorize high dollar amounts, especially rental car companies
and hotels, may cause an “authorization” or a “hold” on your available balance for
up to 90 days. Until the transaction finally settles or we determine that it is
unlikely to be processed, the funds subject to the hold will not be available to
you for other purposes. We will only charge your SmartyPig Cash Rewards Card for
the correct amount of the final transaction, however, and we will release any excess
amount when the transaction finally settles. Please note that we may not manually
release authorizations without a certified letter or fax from the merchant. In addition,
if you commence a purchase and the merchant obtains an authorization, and then you
cancel the purchase without completing it, the authorization may result in a temporary
hold for that amount of funds for 10 days, or longer in some cases.
- Sharing Information About You. We will disclose information to
third parties about your SmartyPig Cash Rewards Card or the transactions, loads,
and reloads you make:
- Where it is necessary for completing transactions, loads, or reloads;
- In order to verify the existence and condition of your SmartyPig Cash Rewards Card
for a third party, such as a credit bureau or merchant;
- In order to comply with government agency or court orders;
- If you give us express permission;
- As otherwise provided in our Privacy Policy; and
- To our agent, SmartyPig, LLC, in accordance with the terms of this agreement as
described in below.
Please refer to our Privacy Policy that accompanies this Agreement. You hereby agree
to our collection, use, and sharing of information about you and your SmartyPig
Cash Rewards Card as provided in our Privacy Policy, which is made a part of this
Agreement. Disclosure: It is often necessary for us to disclose Cardholder Information
to companies that work with us. For example, we may provide certain Cardholder Information
to companies that perform business operations or services, including marketing services,
on our behalf, or other institutions with which we have a joint marketing agreement.
We may also provide certain Cardholder Information to others as permitted by law,
such as for purposes such as marketing and promotions and government entities or
other third parties in response to subpoenas. Opt-Out: To opt out of disclosures
of Cardholder Information for marketing purposes not related to the Card please
call (888) 567-6278. This opt-out will not affect disclosures to affiliated third
parties for Card related services and marketing.
- Obtaining SmartyPig Cash Rewards Card Information; Receipts. You
may obtain information about the amount of value you have remaining on your SmartyPig
Cash Rewards Card by calling (888) 567-6278. This information, along with a 60-day
history of card transactions and reloads, is also available online at www.smartypig.com.
You also have the right to obtain a 60-day written history of SmartyPig Cash Rewards
Card transactions and reloads by calling (888) 567-6278, or by writing us at Our
Mail Address. You can get a receipt at the time you make any transaction or load
with your SmartyPig Cash Rewards Card at an ATM or point-of-sale terminal.
- Periodic Statements for your Card. As a condition for signing up
for your SmartyPig account, You agreed to authorize us to provide any and all communication
regarding your SmartyPig Cash Rewards Card electronically (including but not limited
to periodic statements), rather than in paper format. For any communication that
we provide you electronically, we have no obligation to provide you with a paper
copy of the communication. We reserve the right, but assume no obligation, to provide
a paper (instead of electronic) copy of any communication. You do not have an option
to elect to receive communication in paper format. We will only provide you with
paper copies of any records when required to do so by law or court order, in which
case we may charge you a per page fee of $5 and shipping and handling fee of $5
per Account Communication copy. If you would like to receive communications by paper,
please contact us at (888) 567-6278.
- Our Liability. If we do not complete a load or reload to, or transaction
from your SmartyPig Cash Rewards Card on time or in the correct amount according
to our agreement with you, we will be responsible for your losses or damages to
the extent required by federal law. However, there are some exceptions. We will
not be liable, for instance: (a) if, through no fault of ours, you do not have enough
money available on your SmartyPig Cash Rewards Card to make the transaction; (b)
if the ATM, bank, or merchant where you are trying to obtain cash does not have
enough cash; (c) if the system, ATM or POS terminal was not working properly and
you knew about the break-down before you started the transaction, load, or reload;
(d) if circumstances beyond our control (such as fire or flood) prevent or delay
the transaction, load, or reload from being completed, despite reasonable precautions
that we have taken; (e) if you attempt to use a SmartyPig Cash Rewards Card that
has not been properly activated; (f) if the SmartyPig Cash Rewards Card has been
reported as lost or stolen, has been suspended by us, or we have reason to believe
a transaction was not authorized by you. There also may be other exceptions stated
in our agreement with you or provided by applicable law.
- Foreign Transactions.
If your SmartyPig Cash Rewards Card is used in a transaction that is submitted to
the MasterCard network in a currency other than U.S. dollars, MasterCard will convert
the transaction amount into U.S. dollars using its currency conversion procedure.
Under the currency conversion procedure that MasterCard currently uses, the non-U.S.
dollar transaction amount is converted into a U.S. dollar amount by multiplying
the transaction amount in the non-U.S. dollar currency by a currency conversion
rate. The currency conversion rate that MasterCard typically uses is either a government-mandated
rate, or a wholesale rate provided to MasterCard. The currency conversion rate that
MasterCard uses for a particular transaction is the rate MasterCard uses for the
applicable currency when the transaction is processed. This rate may differ from
the rate in effect when the transaction occurred or when it was posted to your SmartyPig
Cash Rewards Card, and may be higher than the rate you could have gotten if you
had converted U.S. dollars into cash. If a transaction initially in a foreign currency
is converted to U.S. dollars before it is entered into the MasterCard network, the
conversion rates and fees of the company that did the conversion will apply. We
charge a fee of 2% of the dollar amount of each transaction that you make in a country
other than the United States, whether or not the transaction was in a foreign currency.
- Termination; Expiration. We may, at any time, suspend your SmartyPig
Cash Rewards Card and your ability to use your SmartyPig Cash Rewards Card, for
any reason allowed by law, such as if we suspect possible fraud or suspicious activity,
or for security reasons. We may, at any time and for any reason, terminate a SmartyPig
Cash Rewards Card and your use of the SmartyPig Cash Rewards Card. Your SmartyPig
Cash Rewards Card will expire on any expiration date on the card. Upon termination
or expiration, we may stop accepting reloads to and/or transactions from the SmartyPig
Cash Rewards Card and we may decline to authorize a transaction with the SmartyPig
Cash Rewards Card. If we terminate your SmartyPig Cash Rewards Card or it expires
and we do not provide a substitute or replacement card, we will return to you any
value remaining on the SmartyPig Cash Rewards Card unless we are prohibited by law
from doing so. You remain responsible for any use of your SmartyPig Cash Rewards
Card even after the card is terminated or expires. To the extent permitted by law,
you agree to pay attorneys’ fees and collection costs we incur in collecting amounts
you owe us and enforcing our rights under this Agreement.
- Changes; Waiver. We reserve the right to change, delete or add to this Agreement
and to apply any such modification to a SmartyPig Cash Rewards Card that has been
issued to you and to the value on your SmartyPig Cash Rewards Card. We will provide
you notice of any such modification as required by applicable law. If we decide
not to enforce our rights or charge a fee in one situation, we are not giving up
our right to enforce it or to charge the fee in a later situation.
- Choice of Law. This Agreement and all aspects of your relationship
with us with regard to your SmartyPig Cash Rewards Card are governed by and construed
in accordance with federal law and, to the extent that state law applies, the laws
of the State of Nebraska.
- Additional Terms. (a) Our business days are Monday through Friday,
except for federal holidays. (b) Our agents or we may monitor your telephone calls
with us and our servicers or agents. (c) You will notify us promptly if you change
your address or telephone number. (d) We may transfer any of our rights or obligations.
You may not transfer any of your rights or obligations. (e) If any provision of
this Agreement is determined to be void or unenforceable, all other provisions of
this Agreement shall remain valid and enforceable. (f) This Agreement constitutes
the entire agreement between you and us relating to the SmartyPig Cash Rewards Card
and supersedes any other prior or contemporaneous agreement between you and us.
(g) Use of a SmartyPig Cash Rewards Card is subject to all rules and customs of
MasterCard and any other clearinghouse or network involved in the transaction, load,
or reload.
- Arbitration. This contract contains an arbitration provision which
may be enforced by the parties.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY: WITH LIMITED EXCEPTIONS, THIS
ARBITRATION PROVISION ALLOWS EITHER PARTY TO REQUIRE THAT ANY “CLAIM” (AS DEFINED
ABOVE) BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO
TO COURT AND TO HAVE A CLAIM DETERMINED BY A JURY. OTHER RIGHTS YOU MAY HAVE IN
COURT, SUCH AS DISCOVERY OR APPEAL RIGHTS, MAY NOT BE AVAILABLE OR MAY BE MORE LIMITED
IN ARBITRATION. EXCEPT AS PROVIDED BELOW, THOSE OTHER RIGHTS ARE WAIVED. YOU WILL
NOT BE ABLE TO DO THESE TWO THINGS (IN COURT OR IN ARBITRATION): (1) BRING A CLAIM
AS A CLASS ACTION OR IN A REPRESENTATIVE CAPACITY; OR (2) PARTICIPATE IN A CLAIM
AS A CLASS MEMBER.
Except as provided below: (1) you may unilaterally choose to have any Claim that
we bring against you resolved through binding arbitration; and (2) we may unilaterally
choose to have any Claim that you bring against us (or us and any of Our Related
Parties) resolved through binding arbitration. If you assert a Claim against any
of Our Related Parties, but you do not also assert that Claim against us, the Related
Party (or whoever will be defending the Related Party) may unilaterally choose to
have that Claim resolved through binding arbitration. If a court proceeding is commenced,
the party that commenced that court proceeding may unilaterally choose to have any
counterclaim, cross-claim, or third party claim brought in that proceeding resolved
through binding arbitration. If a party chooses to have a Claim resolved by
arbitration pursuant to this arbitration provision, neither you nor we will have
the right to litigate that Claim in court, have a jury trial on that Claim, or engage
in pre-arbitration discovery, except as provided for in the applicable Arbitration
Rules of the selected Arbitrator(s) and as otherwise set forth in this arbitration
provision. “Ordinary Claims” are not subject to this arbitration provision
and may be resolved through litigation. A Claim will be considered an “Ordinary
Claim” if all three of the following are true: (1) the only remedy being sought
for the Claim is monetary damages; (2) the recovery being sought for the Claim is
less than $25,000, excluding interest and costs; and (3) the only parties to litigation
to resolve the Claim will be you, us and/or Related Parties. The arbitration administrator
(an “Administrator”) shall be either the American Arbitration Association (“AAA”)
or National Arbitration Forum (“NAF”). Arbitrations shall be conducted in accordance
with the arbitration rules and procedures of the AAA or NAF which are applicable
and in effect when the Claim is initiated (the “Arbitration Rules”). However, if
the Arbitration Rules are inconsistent with this arbitration provision, this provision
will prevail. If neither the AAA nor the NAF are available, Claims shall be submitted
to one or more comparable organizations. The parties shall agree in writing on which
comparable organization they wish to use. No other organization may be used. Arbitrations
may be initiated pursuant to the Arbitration Rules of the selected Administrator.
One or more impartial arbitrators (the “Arbitrator(s)”) will be selected pursuant
to the Arbitration Rules, but any arbitrator must be either a lawyer with at least
ten years experience or a former judge. You or we may choose to have an arbitration
hearing. You and we may be represented by counsel throughout any arbitration. Arbitration
hearings will take place in the federal judicial district where you reside at the
time the Claim is initiated or some other place to which you and we agree in writing.
The decision of the Arbitrator(s) will be final and binding. Any final decision
of the Arbitrator(s) is subject to judicial review only as set forth in the Federal
Arbitration Act. Judgment upon an award rendered by the Arbitrator(s) may be entered
in any court of competent jurisdiction.
If there is a dispute as to whether any claim, dispute or controversy is a “Claim”
subject to this provision, that dispute shall be resolved solely by the Arbitrator(s)
(except as noted below with reference to Class Proceedings and except that a court
may decide whether a Claim is an Ordinary Claim). An arbitration pursuant to this
provision may decide only your Claims, our Claims or Claims of Related Parties.
The Arbitrator(s) shall have no authority to entertain or determine Class Proceedings.
If the Arbitrator(s) decide they have authority to entertain or determine any Claim
brought in a Class Proceeding, that decision may be appealed to a court of competent
jurisdiction. If, despite this Agreement, Class Proceedings are allowed, those proceedings
shall be conducted only in a court of competent jurisdiction. The claims of other
persons who may (or may not) have similar claims may not be consolidated with any
Claim. No arbitration will be consolidated with any other arbitration proceeding
without the consent of all parties. The only Claims that may be joined under this
arbitration provision are (1) those brought by us and Our Related Parties against
you and Your Related Parties; or (2) those brought by you and Your Related Parties
against us and Our Related Parties. The Arbitrator(s) shall have no authority to
award punitive damages.
If any portion of this arbitration provision shall be found to be unenforceable,
that portion will be severed, and the rest of this arbitration provision will remain
in effect. However, if the Class Action Waiver is held to be invalid with respect
to any Class Proceeding, the entire arbitration provision shall be null and void.
We will reimburse you for the initial arbitration filing fee up to $350 upon receipt
of proof of payment, provided that you have initiated an individualized proceeding
in good faith and in accordance with this Agreement and provided that you have not
initiated your proceeding in concert with any other cardmember(s). All other fees
will be allocated in keeping with the applicable Arbitration Rules and applicable
law. We will also advance or reimburse other fees if the Administrator or Arbitrator(s)
determine there is good reason for requiring us to do so or if you ask us and we
determine there is good cause for doing so. Each party will bear the expense of
the fees and costs of that party’s own attorneys, experts, witnesses, documents
and other expenses, regardless of which party prevails.
This arbitration provision shall survive changes to your card and this Agreement
(although this provision itself may be changed in accordance with the Important
Notice Regarding Changes in Terms provision), our assignment of your card, the issuance
of a new card, the transfer of the balance on one card to another, your or our termination
of the card and the bankruptcy (or similar proceeding) of any party. This arbitration
provision is made in connection with a transaction involving interstate commerce,
and shall be governed by and enforceable under the Federal Arbitration Act, 9 U.S.C.
§§ 1 through 16, as amended. The Arbitrator(s) shall apply applicable substantive
law consistent with the Federal Arbitration Act, the National Bank Act and OCC regulations
and applicable statutes of limitations, and shall honor claims of privilege recognized
at law.
You may obtain AAA rules and forms by contacting the AAA at 335 Madison Avenue,
Floor 10, New York, NY 10017-4605, by visiting their web site at \\www.adr.org,
or, if you cannot access the AAA web site, by calling the AAA at 800-778-7879. You
may obtain NAF rules and forms by contacting the NAF at P.O. Box 50191, Minneapolis,
MN 55405, by visiting their web site at \\www.arb-forum.com, or, if you cannot access
the NAF web site, by calling the NAF at 800-474-2371. This arbitration provision
will survive the termination of your SmartyPig Cash Rewards Card and the SmartyPig
Cash Rewards Card relationship and will remain in force no matter what happens to
you or your SmartyPig Cash Rewards Card. If the administrator’s rules conflict with
the rules described in this provision, this provision will apply.
Your Liability for Unauthorized Use of Your SmartyPig Cash Rewards Card or PIN
Tell us AT ONCE if you believe your SmartyPig Cash Rewards Card or PIN
has been lost or stolen. Telephoning is the best way of notifying us. You will not
lose any part of the money on your SmartyPig Cash Rewards Card based on unauthorized
use if you have exercised reasonable care in safeguarding your card and PIN from
risk of loss or theft. However, if these conditions are NOT met, you could lose
the lesser of $50 or the amount of unauthorized use from your SmartyPig Cash Rewards
Card before you notify us that your card has been lost or stolen. If you believe
your SmartyPig Cash Rewards Card or PIN has been lost or stolen call (888) 567-6278
or write to Our Mail Address.
Notice of Error Resolution Rights for Your SmartyPig Cash Rewards Card
Keep This Notice For Future Use
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR SMARTYPIG CASH REWARDS CARD:
Telephone us at (888) 567-6278 or write to us at Our Mail Address, as soon as you
can, if you think an error has occurred on your SmartyPig Cash Rewards Card. We
must allow you to report an error until 60 days after the date you electronically
access your SmartyPig Cash Rewards Card. You may request a written history of you
transactions and reloads at any time online at www.smartypig.com. You will need
to tell us:
- Your name and SmartyPig Cash Rewards 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, we will credit your SmartyPig Cash Rewards
Card within 10 business day for the amount you think is in error, so that you will
have the use of the money during the time it takes us to complete our investigation.
If we ask you to put your complaint or question in writing and we do not receive
it within 10 business days, we may not credit your SmartyPig Cash Rewards Card.
For errors involving point-of-sale, or foreign-initiated transactions, loads, or
reloads, we may take up to 90 days to investigate your complaint or question. We
may take up to 20 business days to credit your SmartyPig Cash Rewards Card 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 (888) 567-6278.
FIRST NATIONAL BANK OF OMAHA PRIVACY POLICY
DOES THIS POLICY APPLY TO YOU?
- This privacy policy covers personal information about customers who obtain consumer
products from First National Bank of Omaha for personal, family, or household purposes.
This policy is provided to you as required by federal law.
- Although this notice does not apply to business and commercial accounts, safeguarding
our business and commercial customers’ information is very important and we take
steps to protect such information.
- This privacy notice does not apply to any credit card account relationship you may
have with us. If you have a consumer credit card account relationship with us, you
will receive a separate notice applicable to that account.
- Except as described
below or as permitted by law, we do not disclose personal information about our
customers or former customers.
DO YOU NEED TO OPT-OUT OF INFORMATION SHARING? There is no need
to opt-out of information sharing as a result of receiving this privacy policy.
Because we have limited the circumstances in which your personal information can
be disclosed, there is no further action you need to take.
HOW DO WE COLLECT PERSONAL INFORMATION ABOUT YOU?
We collect personal information about you from the following sources:
- Information You Provide to Us – Personal information that you provide to us on applications
and through other correspondence, such as your name, address, social security number
and personal financial statements.
- Transactions and Experiences – Personal information about your Transactions and
Experiences with us and our affiliates, such as your account balance, payment history
and debit card usage.
- Information We Receive from Third Parties – Personal information
that nonaffiliated third parties provide to us about you, such as credit report
information, information about your accounts with third parties, and data from public
records.
WHAT PERSONAL INFORMATION CAN WE DISCLOSE TO OUR AFFILIATES?
We may disclose personal information about your Transactions and Experiences with
us to our affiliates. For example, if you apply for a loan or a credit card at an
affiliated bank or loan company we may disclose your account balance and your payment
history to them to aid in the credit approval process.
WHAT PERSONAL INFORMATION CAN WE DISCLOSE TO NONAFFILIATED THIRD PARTIES?
We may disclose personal information about you to nonaffiliated third parties as
permitted by law. This may include all of the personal information we collect about
you. For example, we may disclose information to payment processors, check printing
companies, and appraisal companies to complete transactions that you request. Additionally,
personal information may be disclosed in connection with a subpoena or similar legal
requirement, in connection with audits, to process a transaction you requested,
and to prevent fraud or unauthorized use. We may disclose all of the personal information
we collect, as described above, to companies that perform marketing services on
our behalf or to other financial institutions with whom we have joint marketing
agreements. These nonaffiliated third parties are responsible for treating your
personal information as confidential.
HOW DO WE SECURE YOUR PERSONAL INFORMATION?
We maintain physical, electronic, and procedural safeguards to protect your personal
information. Our employees are authorized to use personal information only for business
purposes and are subject to a Code of Ethics that requires them to treat personal
information as confidential.