Outlet Finance Inc. Cardholder Agreement and Terms of Service

Last Updated: -- 11/8/2021

The following additional terms and conditions apply if you use the Outlet Card and related Outlet Card Services.

This Cardholder Agreement outlines the terms and conditions under which the Outlet Card has been issued to you by Patriot Bank N.A.

NOTICE: THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING INDIVIDUAL ARBITRATION. THE TERMS OF THE ARBITRATION CLAUSE APPEAR AT THE END OF THIS AGREEMENT.

A. Using the Services

1. Definitions

In this agreement "you," and "your," refers to the individual, company or legal entity and/or entities that you represent. “Issuer” refers to Patriot Bank N.A. “We”, “us”, “our” and “Outlet” refers to Outlet Finance Inc. and the Issuer. “Partner banks” refers to our bank partners that provide non-card financial services to us, such as the banks we may use to perform ACH debits or payment card acquiring transactions to fund your purchases. Depending on the context, “partner banks” may also include the Issuer.

The “Outlet Card Services” consist of software that provides you with the opportunity to apply for and use an Outlet Mastercard (“The Outlet Card”), including one or more virtual Outlet Mastercards, in connection with your Outlet Account. Outlet is not a bank and we do not offer banking services as defined by the United States Department of Treasury. You must open an Outlet Account before accessing the Outlet Card Services.

“Card” or “Outlet Card” means the Mastercard payment card issued to you by our partner bank. The Card is not a gift card, nor is it intended for gifting purposes. Funds are not stored on the Card.

2. About the Program

By using the Outlet Card Services, you agree to be bound by the Outlet Terms of Services (www.outlet.finance/terms-of-service ), this Cardholder agreement (“Outlet Cardholder Agreement and Terms of Service”), and all other terms, policies and guidelines applicable to the Services used (including but not limited to the Outlet Privacy Policy: www.outlet.finance/privacy-policy ).

This Outlet Card will be linked to your Outlet Account and funded by an account you own and control at a U.S. depository institution (“Funding Account”). Purchases made with your Outlet Card will automatically be listed within the Outlet app. You will be responsible to immediately settle with Outlet the cost of the purchases you make using the card. To assist you with this obligation, the Issuer will debit your Outlet Account in an amount equal to each card transaction and applicable fees.

You can use the Outlet Card to make purchases for certain goods and services online or wherever Google Pay or Apple Pay is accepted.

3. Fees

The following fees are assessed on your use of the Outlet Card.

All Fees

Amount

Details

Get Started

Card Purchase

$0

Fee charged for purchase of the Outlet MasterCard Prepaid Card.

Secondary Card Purchase Fee

$0

Fee charged for purchase of secondary Outlet MasterCard Prepaid Card.

Monthly Usage

Monthly Fee

n/a

n/a

Add Money

Direct Deposit

n/a

n/a

Bank Loads

n/a

n/a

Funding from a Bank Account

$0

n/a

Spend Money

Bill Payment (Regular Delivery)

n/a

n/a

Bill Payment (Expedited Delivery)

n/a

n/a

Get Cash

ATM Withdrawal-In Network

$3

"In-network” refers to the MasterCard ATM Network. Locations can be found at https://www.mastercard.us/en-us/personal/get-support/find-nearest-atm.html

ATM Withdrawal-Out-of Network

$3

This is our fee. “Out-of-network” refers to all the ATMs outside of the MasterCard ATM Network. You may also be charged a fee by the ATM operator.

Bank Teller Withdrawal

$0

This is our fee. You may also be charged an additional fee by the Bank
to conduct the withdrawal.

Cash Back at Point of Sale

$0

This is our fee. Retailers may charge additional fees.

ATM Decline-In Network

$3

"In-network” refers to the MasterCard ATM Network. Locations can be found at https://www.mastercard.us/en-us/personal/get-support/find-nearest-atm.html

ATM Decline-Out-of Network

$3

This is our fee. “Out-of-network” refers to all the ATMs outside of the MasterCard ATM Network. You may also be charged a fee by the ATM operator.

Information

Automated & Live Agent Phone Calls

$0

No fee for each customer service contact with a live agent.

Email and Text Message Alerts

$0

Standard text messaging rates may apply.

Mobile Application

$0

Standard data rates and service carrier fees may apply.

Mailed Periodic Statement Fee

n/a

n/a

ATM Balance Inquiry (In-Network)

$0

"In-network” refers to the MasterCard ATM Network. Locations can be found at https://www.mastercard.us/en-us/personal/get-support/find-nearest-atm.html

ATM Balance Inquiry (Out-of-Network)

$0

This is our fee. “Out-of-network” refers to all the ATMs outside of the MasterCard ATM Network. You may also be charged a fee by the ATM operator.

Using your card outside the U.S.

ATM Withdrawal-International

$3

This is our fee. You may also be charged a fee by the ATM operator, even if you do not complete a transaction.

ATM Decline-International

$3

This is our fee. You may also be charged a fee by the ATM operator.

ATM Balance Inquiry (International)

$0

This is our fee. You may also be charged a fee by the ATM operator.

Foreign Transaction Fee

$0

This is our fee. You may also be charged a fee by any retailers or financial institutions involved in your transaction.

Other

Inactivity Fee

$0

n/a

Replacement Card (Standard Delivery)

$5

Per replacement card ordered.

Replacement Card (Expedited Delivery)

$20

Per replacement card ordered.

Paper Check Fee

n/a

n/a

Your purchases may be subject to additional fees from your Funding Account provider or from individual merchants. These fees are not assessed or received by Outlet and are not included in the above list.

4. Requirements to use the Card Services

In order to access the Outlet Card Services, you represent that:

  • You are either a legal resident of the United States, a United States citizen or a business entity authorized to conduct business by the state(s) in which you operate and that you are an authorized signatory for the business.

  • You are at least 18 years old.

  • You have not been previously banned from using our services, and that you have not previously violated our terms of service.

  • You have not been barred from receiving similar services under the laws of the United States.

By accepting these terms, you also represent that:

  • You have the capacity to be bound by them.

  • Any information you provide in connection with the Outlet Services, accurately and truthfully represents your identity and the identity of any associated business.

  • You and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you.

  • You will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services.

5. Your Agreement on Card Use

With each transaction you process through the Outlet Card Services you represent, warrant and agree that:

  • The Card transaction represents a bona fide sale;

  • The Card transaction accurately describes the goods and/or services obtained from the merchant;

  • You will fulfill all of your obligations to the merchant and will resolve any dispute or complaint directly with the merchant; and

  • You and the Card transaction comply with all federal, state, and local laws, rules, and regulations applicable to you, including any applicable tax, wage and hour, and tip laws and regulations.

  • You will not use the service in a fraudulent, disruptive, aggressive, manipulative or any other inappropriate matter.

6. Prohibited Uses

You may not, nor may you permit any third party, directly or indirectly, to:

  • Export the Services, which may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII).

  • Use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement.

  • Use the Service in conjunction with automated purchasing software programs

  • Use the Service to exploit new user, referral programs, promotions offered by other merchants, or otherwise use the Service to violate the terms and conditions of a merchant.

  • Act as a payment facilitator or otherwise resell the Outlet Card Services to any third party.

  • Use the Outlet Card Services to handle, process or transmit funds for any third party.

In addition, you may not, nor may you permit any third party, directly or indirectly, to use the Outlet card services for the following businesses or activities:

  • Any illegal activity or goods,

  • Paraphernalia that may be used for illegal activity

  • Unauthorized multi-level marketing businesses,

  • Rebate based businesses,

  • Betting, including lottery tickets, sports related gambling, casino gaming chips, off-track betting, and wagers at races,

  • Manual or automated cash disbursements,

  • Prepaid cards or checks

  • Sales of money-orders or foreign currency,

  • Wire transfers or money orders, or

  • High-risk products and services, including telemarketing sales.

7. Authorized Users

You are responsible for all authorized transactions initiated and fees incurred by use of your Outlet Card(s). If you permit another person to have access to a Card or Card number, this will be treated as if you 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 each Card according to the terms and conditions of this Agreement.

B. Payment Authorizations

1. Adding a Funding Source

In order to use the Outlet Card Services, you must first add an eligible funding source to your account via the Outlet mobile app. By entering your funding source information on the Outlet app, you will have signed the ACH authorization. You may want to print and save a copy for your records. You can change a funding source on the Outlet mobile app.

When you add a funding source to your Outlet Account, you agree that:

  • You are the owner of the Funding Account

  • You are authorized to transfer funds from that Funding Account

  • You authorize us to initiate debits from your Outlet Account according to your instructions

  • You will maintain a balance or available credit limit in the specified Outlet Account that is sufficient to fund all payments you initiate.

If you choose to add a bank account as your Funding Account for your Outlet Card Services, you will be asked to provide access credentials (such as a username and password) that allow you to gain online access to your account at that third-party financial institution (your “Authorized Bank Account”).

Outlet works with Third Party Services, including but not limited to Plaid Technologies, Inc (“Plaid”) who will securely store pursuant to industry standards any Authorized Bank Account access credentials that you provide and will access your Authorized Bank Accounts for the purposes of providing and improving the payment services. You may only provide account access credentials for and authorize us to access valid accounts that you hold in your own name. You may not provide access credentials for an account that is held by a third person.

If you choose to provide your Authorized Bank Account credentials to us, you authorize us to use this information to provide you with the services we offer through the Payment Services. This authorization will remain in effect until you notify us that you wish to revoke this authorization, which may affect your ability to receive the services. Plaid’s services and use of your information, including on or through the Outlet Card Services, are governed by its Terms of Use and its Privacy Policy located at https://plaid.com/legal.

3. Your Electronic Funds Transfer and ACH Debit Authorization

When you use the Outlet Card Services you authorize the Issuer to immediately debit your Funding Account by the amount of any transactions made using an Outlet Card including any applicable fees. Your authorizations will remain in full force and effect until you close a Card or your Outlet Account is closed or terminated. Any attempt by you to revoke this authorization will result in your inability to use the Outlet Card Services.

If you provide us with the ACH routing and account information for your Funding Account, you authorize Outlet and our partner bank to initiate electronic transfers (via the Automated Clearing House ("ACH") of NACHA - The Electronic Payment Association ("NACHA")) from your Funding Account up to your Daily Limit on a daily basis. You agree that ACH transactions you authorize comply with all applicable laws.

When your checking account is used as your funding source for a transaction, you are requesting that the Issuer or another of our partner banks initiate an electronic transfer on your behalf from your bank account. You agree that we may resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds, except as otherwise provided by NACHA's rules, or applicable law. Where the amounts owed by you for use of the Card Services is more than your Daily Limit, you authorize us and our partner banks to debit your Funding Account for the amount owed.

For all other payment methods, such as debit card funding, you authorize Outlet to transmit payment details to a bank acting under Outlet’s instructions to charge your Funding Account or Outlet Account. You agree to maintain funds in the specified Funding Account or Outlet Account that are sufficient to cover all of your activities with the Outlet Card Services.

You indemnify and hold us and our partner banks harmless from any claims by any other owner of the account. You are responsible for confirming the accuracy of the information you provide about each payment.

4. Inability to Access Funds from your Funding Account

If we are unable to access funds from your specified Funding Account to complete a transaction that you request for any reason (for example, if there are insufficient funds or credit available in your Funding Account to cover the requested transaction), the transaction may not be completed. In such case, you agree:

  • You will reimburse Outlet immediately, upon demand, the transaction amount to the extent that Outlet sent a payment to the Payee on your behalf;

  • You will reimburse Outlet for any fees imposed on us as a result of the failed transaction; and

  • You will reimburse us for any fees we incur in attempting to collect the amount of the failed transaction from you.

  • We are not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that result from your failure to maintain a balance or available credit in the Funding Account that is sufficient to fund all payments you initiate.

C. Our Rights Regarding the Services

1. Modifications to this Agreement

You agree that Outlet and the Issuer may modify this agreement, or any other Outlet terms, policies, or guidelines at any time in our sole discretion. Any new agreement will be effective immediately, by posting a new agreement and updating the “Last Updated” date at the top of these terms. You agree that even if you have not personally visited the website with the new terms of this agreement, that they have full force immediately. To the extent permitted by applicable law, you agree to waive any right you may have to receive additional notice of such changes.

Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. You should frequently review these Terms and all applicable terms, policies and guidelines to understand the terms and conditions that apply to your use.

If you do not agree to the amended terms, you must stop using the Services. Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your right to use the Services. You agree that your use of the Services will always be subject to the most current version of these Terms of Service at the time of such use.

2. Limits on Your Use of the Card Services

You acknowledge that Outlet or our partner banks may impose limits on your use of the Card Services. We may not allow payment from all types of funding sources and that we may otherwise limit payments, and/or payees at our discretion. You cannot use virtual cards in any way beyond their intended purpose.

For security and fraud protection, Outlet will impose limits on the dollar amount that you can authorize in a transaction, and over a period of time. In addition to these set limits, Outlet and its partner banks retain the right to impose additional limits at our discretion. The maximum amount initially allowable for authorization is $5000 per weekly period and $20000 per calendar month. The per week and per calendar month limits are subject to increase or decrease at our discretion based on an algorithmic review process and a manual review process.

3. Investigations, Account Suspensions and Termination

Outlet and our partner banks reserve the right to investigate your use of the Service for compliance with this Agreement, and in order to comply with law, regulation, legal process or government request.

We may refuse to process any transaction that we believe violates the terms of this Agreement, the Outlet Terms of Service, any other agreements between you and Outlet or any applicable network rule or law.

The Outlet Card is 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.

If we suspect you of violating any applicable Terms of Service, network rule or law, Outlet or Issuer may suspend or terminate your ability to access the Services under any or all of your accounts. Outlet reserves the right to determine whether or not you have access to these services.

4. Identity Verification

To help the government fight the funding of terrorism and money laundering activities, federal law requires us to help the Issuer obtain, verify, and record information that identifies each person who requests to use the Outlet Card Services.

When you register for the Outlet Card Services, we will ask you for your name, address, date of birth, your Social Security number, and other information that will allow us to identify you. You authorize us and our partners to make inquiries that we consider appropriate and use third party services to help us verify your identity and determine if we should open, maintain, collect or close your account.

We may make additional requests for information at any time. We may require you to provide all of a taxpayer identification number, take steps to confirm ownership of your email address or financial instruments, provide a copy of an identifying ID card such a driver’s license or passport, and verify information you provide against third party databases or through other sources.

We, and our partner banks, may also report the status, history and/or closure of your account to third-party services.

If you do not provide this information or we cannot verify your identity, we can refuse to allow you to use the Services or suspend or terminate your account. If you allow someone else to use your Outlet Account, you are responsible and liable for all transactions, withdrawals, deposits and fees that arise out of such use.

D. Refunds, Errors and Disputes

1. Payment History:

When you use your Outlet Card a record of the transaction will automatically be recorded in the “Debit Card” page of the Outlet Mobile App. You should also receive a receipt directly from the Merchant.

Except as required by law, you are responsible for:

  • Compiling and retaining permanent records of all transactions and other data associated with your Outlet Account and your use of the Outlet Card Services, and

  • Reconciling all transactional information that is associated with your Outlet Account.

If you believe that there is an error or unauthorized transaction activity associated with your Outlet Account, you must contact us immediately.

2. Refunds and returns

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. If the merchant credits your Card, the credit may not be immediately available. While merchant refunds post as soon as they are received, please note that 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. Refunds will be recorded along with your transactions in the Debit Card page of the Outlet Mobile App.

Neither the Issuer nor Outlet is responsible for the delivery, quality, safety, legality or any other aspects of the goods or services you purchase from others with the Card. If you have a problem with a purchase you made with the Card, or if you have a dispute with the merchant, you must handle it directly with the merchant.

3. Processing Errors

We will generally attempt to fix any processing errors that we discover. If the error resulted in your payment of an amount larger than what you authorize, we will transfer the difference to your Outlet Account. If the error resulted in your payment of an amount less than what is required to satisfy your account, we will debit the extra funds from your linked bank account or your Outlet Account.

Please notify Outlet immediately regarding any processing errors you discover. When you contact us, please include:

  • Your name and Outlet Account information

  • A description of the error or transaction and why you believe it is an error or why you need more information

  • The dollar amount of the suspected error.

Please send your notice to support@outlet.finance as soon as possible. Your failure to notify us of a processing error within sixty (60) days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.

4. Disputes

You agree to comply with the payment dispute resolution procedure described below for any payments made using an Outlet Card. If you’re unable to resolve a transaction related issue directly with a merchant, please notify us as soon as possible. This is our process for resolving disputes.

A. Contact support@outlet.finance directly. Your notice must include the following information:

  • (a) Your name, and Outlet Account email address

  • (b) The Outlet Card you’re referring to

  • (c) Why you believe there is an Unauthorized Transaction or Other Error, and the dollar amount involved

  • (d) Approximately when the Unauthorized Transaction or Other Error took place.

Depending on your claim (item not received or refund not received), we may ask you to wait 10 business days from the transaction date to proceed with the payment dispute.

B. Respond to our requests for other information. We may require you to provide receipts, third party evaluations, bank statements, police reports or other documents depending on the situation. You must respond to these requests in a timely manner as requested in our correspondence with you.

C. Comply with our shipping requests in a timely manner, if you’re filing a Significantly Not as Described claim, we may require you, at your expense, to ship the item back to the seller, to us, or to a third party (specified by Outlet) and to provide signature confirmation proof of delivery.

D. Outlet and our partner bank will make a final decision on your claim, in our sole discretion, based on the coverage and eligibility requirements set forth above, any additional information provided during the online payment dispute resolution process or any other information Outlet deems relevant and appropriate under the circumstances.

E. Outlet will tell you the results within three (3) business days after completing the investigation. If Outlet decides that there was no error, Outlet will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting Outlet at support@outlet.finance.

5. Your Liability for Unauthorized Transfers

If you believe your Outlet Card has been lost or stolen or you believe a transaction has been made without your permission using information from your Card, or Outlet Card Account or you believe your Outlet Account Credentials have been used without your permission tell us AT ONCE, and FREEZE the relevant card(s) via the “Debit Card” page in the Outlet Mobile App. Reporting your Card lost or stolen, and any unauthorized or unexpected activity to support@outlet.finance as soon as possible is the best way of keeping your possible losses down.

We may suspend or cancel your Card and corresponding Outlet Account in the event of excessive reports of Card loss or theft. You agree that any unauthorized use does not include use by a person to whom you have given authority to use the Card or PIN and that you will be liable for all such uses by such person. For example, if you have given your Card or Card information to another person to use, such as a friend or relative, you are responsible for that person’s transactions with your Card, and if you have given your Card information to a merchant for a transaction, you have given authority to that merchant to debit the Card for that transaction.

If you tell us within two business days after you learn of the loss or theft of your Outlet Card, you can lose no more than $50 if someone used your Outlet Card without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Outlet Card, and we can prove that we could have stopped someone from using your Outlet Card, without your permission if you had told us, you could lose as much as $500.

Also, if you become aware of and/or your periodic statement shows transactions you did not make, notify Outlet at once following the procedures stated in the Section of this Agreement titled “Disputes”. If you do not notify Outlet within sixty (60) days after you become aware of the transaction and/or after the statement was made available to you, you may not get back any value you lost after the sixty (60) days if Outlet can prove that we could have stopped someone from taking the value if you had notified Outlet in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, Outlet may extend the time periods. If the Card has been lost or stolen, the Card will be blocked to keep losses down.

You agree to cooperate reasonably with us and the Issuer in our attempts to recover funds from, and to assist in the prosecution of, any unauthorized users of your Card.

6. Additional Limits on Liability Under Mastercard Rules.

Under Mastercard Rules, you will not be liable for any unauthorized transactions using your Outlet Card if you can demonstrate that you have exercised reasonable care in safeguarding your Card from risk of loss or theft. You must notify us within two (2) days after the electronic statement was made available to you showing unauthorized transaction(s) in order to take advantage of any such limited liability provisions.

E. Other Terms

1. Notices (E-Sign disclosure)

As part of your use of the Services provided by Outlet and the Issuer, you are entitled by law to receive certain information in writing. The federal ESIGN Act allows us to provide this information to you electronically, instead, with your prior consent. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, Communications) that we and the Issuer provide in connection with your Outlet account (Account) and your use of our services. We, or the Issuer, will provide these Communications to you by pushing notifications through the Services, and/or by emailing them to you at the email address registered to your account.

Electronic disclosures and notices have the same meaning and effect as if they had been provided to you as paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we, or the Issuer, receive notice that the email was not delivered.

If you wish to withdraw your consent to receive Communication electronically, you may do so by emailing us at support@outlet.finance. Please note, however, that if you withdraw your Electronic Consent, you may no longer use our service.

YOU MUST KEEP YOUR EMAIL OR ELECTRONIC ADDRESS CURRENT WITH US in order for us to be able to provide you with important notices and other information from time to time, and you must ensure that the contact information, including the email address registered to your account, is current.

2. Address or Name changes

You are responsible for notifying us of any change in your name, physical address, mailing address, email address, or phone number. Requests for address or name changes may be subject to additional verification requirements.

We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you.

We cannot accept responsibility for any email messages not received by you or for any delay in the receipt or delivery of any email notification. If you make your email account available to any other individual, you agree that you are responsible for any release of any Account information to such individual.

3. Confidentiality

You acknowledge and agree that the Issuer and Outlet may, subject to applicable law, share information regarding you, your Card, your Outlet Account, your Card request and Card transaction activity as necessary to provide customer service, service the Card or your Outlet Account, investigate and act on the Card or your Outlet Account and/or your Card- or Outlet Account-related claims and as necessary to comply with applicable law. Information about the Card, your Outlet Account, or the transactions you make with any of them may be disclosed to third parties:

  • Where it is necessary for completing transactions;

  • In order to verify the existence and condition of the Card for a third party, such as a merchant;

  • In order to comply with government agency, court order, or other legal, regulatory or administrative reporting requirements;

  • In order to prevent, investigate or report possible illegal activity;

  • In order to issue authorizations for transactions on the Card;

  • If you consent by giving us your written permission;

  • To service providers who help us administer and provide the Card and related Outlet Services;

  • To our employees, auditors, affiliates, service providers, or attorneys as needed;

  • As permitted by applicable law;

  • As necessary to fulfill our obligations under this Agreement; or

  • As set forth in the Outlet Privacy Policy and Issuer Privacy Policy.

4. No Warranty Regarding Goods or Services as Applicable

Outlet and the Issuer are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with an Outlet Card.

5. No Warranty of Availability or Uninterrupted Use

From time to time the Card services may be inoperative, and when this happens, you may be unable to use your Card or obtain information from your Card, including your Outlet Account. Please notify us immediately at support@outlet.finance if you have any problems using your Card. You agree that the Issuer, Outlet, and their respective affiliates, employees, or agents are not responsible for any interruption of service.

6. Miscellaneous

a. Assignment: To the extent permitted by applicable law, we may assign this Agreement without obtaining your consent. You may not assign or transfer your Card, or this Agreement without our prior written consent.

b. Severability: This Agreement will be enforced to the fullest extent permitted under applicable law. If any provision of the Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Agreement will remain in effect. Neither the Issuer or Outlet will waive its rights by delaying or failing to exercise them at any time. This Agreement will be governed by the law of the State of Connecticut except to the extent governed by federal law.

c. Language: This Agreement was drafted in English. In the event that this agreement, or any part thereof, is translated to a language other than English, the English-language version shall control in the event of a conflict.

d. Section Headings: Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement.

e. Cancellation: The Issuer or Outlet may cancel or suspend the Card or this Agreement at any time. You may cancel this Agreement by returning the Card to the Issuer, or contacting support@outlet.finance. Your termination of this Agreement will not affect any of the Issuer’s or Outlet’s rights or your obligations arising under this Agreement prior to termination. In the event your Card is cancelled, closed or terminated for any reason, any remaining available funds associated with the Card would revert to your Funding Account.

f. Entire Agreement: This Agreement comprises the entire agreement between you and Outlet with respect to the above subject matter and supersedes and merges all prior proposals, understandings and contemporaneous communications.

7. Indemnification

You agree to defend, indemnify, and hold harmless Outlet and Issuer, our parents, subsidiaries, and other affiliated companies, and our and their employees, contractors, officers, and directors against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) that arise from your violation of this Agreement, applicable law, or any third-party rights or your fraud or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

8. Limitation of Liability

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR AS

OTHERWISE REQUIRED BY APPLICABLE LAW, NONE OF OUTLET, ISSUER, OUR

AFFILIATES, AND THE PARTIES WITH WHOM WE CONTRACT IN ORDER TO OFFER THE CARDS, YOUR OUTLET ACCOUNT, AND RELATED SERVICES ARE NEITHER

RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,

SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE CARDS, THE OUTLET CARD SERVICES, ANY PRODUCTS OR SERVICES PURCHASED USING AN OUTLET CARD, OR THIS AGREEMENT (AS WELL AS ANY RELATED OR PRIOR AGREEMENT THAT YOU MAY HAVE HAD WITH US).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL

LIABILITY OF OUTLET AND ISSUER IS LIMITED TO THE GREATER OF (A) THE

AMOUNT OF FEES EARNED BY OUTLET IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY OR (B) $10.

9. Survival

The provisions related to indemnification, limitation of liability, arbitration and any other provisions necessary to give effect to a party’s rights shall survive the termination of the Agreement; the bankruptcy of any party, any transfer, sale or assignment of the Card; or expiration of the Card.

F. Arbitration

1. Agreement to Arbitrate

You, Outlet and Issuer agree to arbitrate any and all disputes arising from your attempted or actual use of the Card Services (“Dispute”) by a neutral arbitrator who has the power to award the same damages and relief that a court can.

ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST OUTLET AND ISSUER.

If any section of these arbitration provisions is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.

Your agreement to arbitrate and these related terms are made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16), and not any state arbitration law.

2. Limitation on Time to Initiate a Dispute

Any action or proceeding by you relating to any Dispute must commence within 60 days after the cause of action accrues.

3. Process for Arbitration of Disputes

All disputes shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules under in your state of residence at a location that is reasonably convenient for both parties. For a copy of the procedures, to file a Claim or for other information about the AAA, contact: AAA, 335 Madison Avenue, New York, NY 10017 or at www.adr.org.

The Issuer will pay the initial filing fee to commence arbitration. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in New York County, New York, or another mutually agreeable location.

Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures may be SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrators’ decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.

IF YOU DO NOT AGREE TO THE TERMS OF THESE ARBITRATION PROVISIONS, DO NOT ACTIVATE OR USE THE CARD, OR IF IT HAS ALREADY BEEN ACTIVATED, CANCEL IT.

YOU MAY CANCEL THE CARD BY CONTACTING CUSTOMER SERVICE AT

support@outlet.finance , Chat in the Outlet App, or call +1 (855) 686-8853.


Any Questions? Contact Us.

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