This Deposit Account Agreement (this "Agreement") explains the fees, policies, terms, and conditions that govern your Barri Visa® debit card ("Card") and the associated FDIC-insured, non-interest-bearing primary deposit account (your "primary deposit account" or your "Account"). This Agreement includes all appendices attached hereto, such as the Online and Mobile Services Agreement attached as Appendix A, and any other terms and conditions incorporated by reference.
In this Agreement, "you" and "your" refer to the owner of the Account. In this Agreement, "Bank," "we," "us," and "our" refer to Green Dot Bank, Member FDIC, the issuer of your Card and the bank that holds the money in your Account. Please note that Green Dot Bank operates under the following registered trade names: GO2bank, GoBank, Green Dot Bank, and Bonneville Bank. All of these registered trade names are used by, and refer to, a single FDIC-insured bank, Green Dot Bank. Deposits under any of these trade names are deposits with Green Dot Bank and are aggregated for deposit insurance coverage. In this Agreement, "Store" means a location of Barri Money Services or the location of a participating agent for Barri Money Services.
NOTICE: THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION PROVISION APPEAR AT THE END OF THIS AGREEMENT.
a. General. Your Account is a deposit account. Money in your primary deposit account will not earn interest. To open and use an Account, you must be the age of majority in your state of residence (i.e., 18 years of age or older, depending on the state) and a citizen or lawfully residing in one of the 50 states of the United States, the District of Columbia, or Puerto Rico (collectively, the "U.S."). To help the government fight the funding of terrorism and money laundering activities, federal law requires us to obtain, verify, and record information that identifies each person who opens an account. As such, when you apply for an Account, we will ask for your name, address, date of birth, social security number, mobile phone number (or, in our discretion, another type of phone number), and other information that will allow us to identify you. We may also use other methods of data collection, like device ID and geolocation data generated from your devices, and other sources of data to verify the personal information you provide to us, including, but not limited to, the collection and validation of your state-issued ID or other printed documentation and data related to your mobile phone, computer, and/or other devices. In addition, before you may use certain features of your Account, we may require you to undergo further identity or Account verification, including, but not limited to, activating your physical, personalized Card ("Personalized Card"), verifying your email address or mobile phone number, or uploading an image of your state-issued ID for verification. We reserve the right to not open an Account for anyone in our sole discretion. We may also limit the number of Accounts that you have in our sole discretion.
b. Starter Cards Acquired In-Store. If you purchased an account starter package with a temporary Card in-store (a "starter card"), you must activate your card by using the Barri Money Transfer mobile app (our "Mobile App") before you may use the starter card. Your starter card will not be fully activated until after you receive an email or notification from us with a link to agree to the terms of this Agreement, have agreed to the terms hereof, and been approved for an Account. If you do not activate your starter card within a prescribed of period time determined by us in our sole discretion (currently 27 days) (the "Activation Deadline"), then we shall return any amounts initially loaded onto your starter card to you at the address that you provided when you registered in-store. If you choose not to activate your starter card and complete the Account opening process before the Activation Deadline, you may return to the store where you received the starter card and receive a refund of any amounts initially loaded onto the starter card. Upon activation of a Personalized Card, you will no longer have use of your starter card.
c. Limited Use Virtual Card. If you signed up for an Account online and received a virtual Card (a limited use virtual card), your virtual card will be a limited use virtual card that is subject to more limitations than the Personalized Card you will receive in the mail. You may not use your limited use virtual card: P2P Funds transfers. You also may not change your address, email, or phone number for your Account until you have activated the Personalized Card you will receive in the mail.
2. Fees.Our fee schedule below describes the fees associated with your Account and certain related services. We may offer additional products, services, and features from time to time, and the fees for those offerings will be disclosed to you at the time they are offered. In addition to the fees listed below, there are some situations where a third party may charge additional fees. For example, when you use an ATM to withdraw funds from your primary deposit account, you may be charged a fee by the ATM operator in addition to our fee. Except as expressly noted below, the fees listed in the schedule below will be deducted from your primary deposit account balance when they are assessed. If your primary deposit account balance is less than the fee amount or your primary deposit account balance is negative, the assessment of the fee will result in a negative balance in your primary deposit account or increase the negative balance of your primary deposit account, as applicable. If that occurs, any subsequent deposits or credits to your primary deposit account will first be applied to the negative balance. For more information about negative balances, see Section 9.c. titled "Negative Balances". In the case of a Funding Transaction (defined below) involving an external account, if your primary deposit account balance is less than the total transfer amount, including the Funding Transaction Fee, the transfer request will be declined.
All fees
Amount
Details
Get started
Card purchase fee
$5.00
This is a one-time fee for the purchase of a starter card at a Store. This fee is collected at the register and is not deducted from your primary deposit account and will not be reflected in any Account statements or transaction histories.
Monthly usage
Monthly fee
$5.00
Monthly fee
is waived when you receive one or more direct deposits of payroll or government benefits of $500 or more to your primary deposit account in the previous monthly statement period.Your first monthly statement period will begin on the date of your initial deposit to your Account ("Initial Deposit") and end the day before the one-month anniversary of your Initial Deposit. Monthly statement periods thereafter begin on the same day of the month each month. If your Initial Deposit occurs on the 29th, 30th, or 31st of any month, however, your first monthly statement period will begin on the first day of the subsequent month and end on the last day of that month, and your monthly statement periods thereafter will begin on the first day of each month. The monthly fee, if applicable, will be assessed on the first day of your second monthly statement period and the first day of each monthly statement period thereafter.
Add money
Cash deposit fee
Up to $4.95
This fee varies by retailer and is subject to change. This fee is not deducted from your primary deposit account and will not be reflected in any Account statements or transaction histories. For cash deposit locations, please visit www.greendotnetwork.com. The Cash deposit fee is waived at Barri stores.
Get cash
In-network ATM withdrawal fee
$0.00
We do not charge a fee for using an in-network ATM.
Out-of-network ATM withdrawal fee
$3.00
This is our fee. You may also be charged a fee by the ATM operator, even if you do not complete a transaction.
Cash Withdrawal at Barri Stores
You may be charged a fee by Barri for a cash withdrawal at Barri stores. This fee is not deducted from your Account and will not be reflected in any Account statements or transaction histories.
Teller Cash Withdrawal Fee
3%
This is our fee for a cash withdrawal obtained by presenting your Card to a teller at a participating bank. The fee is 3% of the cash withdrawn and is subject to a $5.00 minimum.
Overdraft
Overdraft fee (Overdraft Protection is an optional service that is available, at our discretion, only if you opt in and satisfy our eligibility requirements. See Section 10 for more information.)
$15
This fee only applies for each transaction that is greater than $5 and overdraws your primary deposit account by more than $10. You can incur a maximum of ten overdraft fees per monthly statement period.
Information
ATM balance inquiry fee
$0.50
This is our fee. You may also be charged a fee by the ATM operator, even if you do not complete a transaction.
In-network ATM balance inquiry fee
$0.00
We do not charge a fee for using an in-network ATM for balance inquiry
Using your card outside the U.S.
Foreign Transaction Fee
3%
Of the U.S. dollar amount, after conversion from a foreign currency, of each transaction. This fee is only charged if you conduct a transaction (in U.S. or foreign currency) with a foreign merchant or financial institution (including foreign website) or if you conduct a transaction in a in a currency other than U.S. dollars ("Foreign Transaction"). This fee is in addition to any other fee that may apply to a Foreign Transaction. Please note that use of your Card outside of the U.S. is limited; see Section 5.e. titled "Foreign Transactions" for more information.
Other
Card replacement fee (regular delivery)
$5.00
Per lost, stolen, or damaged Card replaced at a Barri store location or delivered on a non-expedited basis (generally within 7-10 business days).
Card replacement fee (expedited delivery)
$30.00
Fee charged each time you request a replacement Card to be delivered to you on an expedited basis (generally within 3 business days). Charged in addition to the Card replacement fee for regular delivery.
Funding Transaction Fee
(See Section 6.e. for more information)
See Details
The greater of $1.5% of the amount transferred, rounded to the nearest cent, up to a maximum of $10 per transfer. This fee is charged when you make a Funding Transaction involving an external account.
a. General. When you purchase an starter card you will need to give the cashier an amount of cash (generally $15 minimum ) to be credited to starter card. If you sign up online and are approved for an Account, we may mail you a Personalized Card that is linked to your primary deposit account. We will provide you with Card information that you may use for online transactions until you receive your Personalized Card. You may make deposits in cash through a Store or other participating retailers, by using direct deposit, by depositing cash at a Barri Store or another participating Green Dot retailer, or by using the [Funds Transfer Service] , subject to applicable fees, limits, and conditions We may offer you additional ways to deposit money to your Account from time to time, and any applicable fees or limits will be disclosed to you at the time they are offered to you. More information regarding how to deposit money to your primary deposit account can be found at www.barri.com and via the Barri Money Transfer Mobile App.
b. Limits on Deposits. We may refuse to accept a deposit to your primary deposit account, limit a deposit's size, or return all or part of a deposit to you or the sender. Except as otherwise permitted by us, no other person may deposit money to your primary deposit account on your behalf, and we reserve the right to reject any such deposit. We will not accept checks or cash mailed to us for deposit, cash deposits at ATMs, or inbound wire transfers. If you deposit cash at a Store or other participating retailer, please be aware that retailers have their own minimum and maximum deposit limits.
c. Direct Deposits. You may arrange to have funds transferred directly to your primary deposit account by your employer or other appropriate payor once we have successfully verified your personal information. If you have arranged to have direct deposits made to your primary deposit account at least once every 60 days from the same person or company, you can call us at [866-271-3202], visit www.barri.com, or use the Barri Money Transfer Mobile App to find out whether or not the deposit has been made. Funds from direct deposits will generally be available on the day we receive the transfer. In case of transmission error or transfer irregularity, your ability to withdraw funds may be delayed. If this occurs, funds will generally be available within five business days after we receive the transfer. We reserve the right to reject or limit transfers via direct deposit in our sole discretion and may reject or suspend any direct deposit that has identifying information that does not match the identifying information (such as name or social security number) that we have on file for you. You may cancel your direct deposit authorization at any time by sending a written notice to your employer or payor and providing your employer or payor and the Bank sufficient time to act upon the notice.
For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, federal holidays, and legal banking holidays in the State of Utah.
a. Cash Deposits. Cash deposits made through Stores and other participating retailers are generally made available within 60 minutes from the time the transaction is reported to our technology systems by the retailer. Fees of up to $4.95 may be collected by retailers when depositing cash to your primary deposit account at their locations. This fee is charged by the retailer and is subject to change. This fee is not deducted from your Account and will not be reflected in any periodic statement. This fee can be lower depending on how and where you deposit cash.
a. Direct Deposits. Electronic direct deposits will be available on the day we receive the deposit. Please keep in mind, however, that after we make funds available to you, and you have spent, transferred, or withdrawn the funds, you are still responsible for any problems involving your deposit. If a deposit is made on a business day, we will consider that day to be the day of the deposit. However, if a deposit is made on a non-business day or on a day we are not open, we will consider that the deposit was made on the next business day. Please note that Ingo maintain separate cutoff times for the Check Cashing Service it administers, as explained in Section c below.
b. Special Rules for New Accounts. During the first 30 days your Account is open, funds from deposits of cash will be available on or before the first business day after the day of your deposit if the deposit meets certain conditions. We may also impose different funds availability limits for other forms of deposits during the first 30 days your Account is open.
c. Other Types of Deposits. Funds availability rules for other types of deposits will be disclosed to you at the time those other deposit options are offered to you.
a. General. Your Card is linked to your primary deposit account. You will be able to set a personal identification number ("PIN") for your Card. You agree not to disclose your PIN to others and to safeguard its confidentiality. Except as otherwise provided, and subject to the limits specified in this Agreement, you may use your Card to purchase goods and services anywhere Visa or Mastercard debit cards (as applicable) are accepted and to access cash at ATMs and from tellers of financial institutions displaying the Visa or Mastercard name and/or logo, as applicable. Please note that if you use your Card to get Account balance information from an ATM, the balance may not reflect recent transactions and may include funds that are not available for immediate withdrawal; see Section 8 titled "We Use The Available Balance Method" for more information.
b. Charges to Your Card and Receipts. Each time you use your Card to purchase goods or services, you authorize us to charge the amount against the money in your Account. You should get a receipt at the time you make a transaction or obtain cash using your Card.
c. Limits on the Use of Your Card and Account. We reserve the right, in our sole discretion, to limit the amount, number, and type of transactions you can make using your Account. We may, in our sole discretion, further limit your use of your Card at ATMs, and, in addition to our limits, an ATM owner or operator may impose additional withdrawal limits. We may refuse to process any transaction that we believe may violate the law or this Agreement. You agree that you will: (i) not use your Card or Account at unlawful domestic or international gambling websites, at payment processors supporting unlawful gambling websites, or to purchase illegal goods or services; (ii) promptly notify us of any loss or theft of your Card; (iii) promptly notify us of the loss, theft, or unauthorized disclosure of any PIN used to access your Account; and (iv) use your Card only as permitted by us. We may refuse to issue a Card, revoke or suspend your Card or Account privileges, or cancel your Card or Account with or without cause or notice, other than as required by applicable law. You agree not to use or allow others to use an expired, revoked, canceled, suspended, or otherwise invalid Card. You cannot sell or transfer your Account to anyone else, and it can only be used by you or someone you authorize. If you authorize anyone else to use your Card or Account, you are responsible for all transactions made by that person, even if they exceed the authorization granted. Your Card can only be used for cash withdrawals at ATMs and for teller cash withdrawals in the U.S. and its territories, Canada, and Mexico. We may, in our sole discretion, allow you to use your Card for cash withdrawals in other countries. Notwithstanding the foregoing, we reserve the right to limit or block the use of your Card in foreign countries due to fraud or security concerns or to comply with applicable law.
d. Money in Your Account May Be Held Until a Transaction is Completed. When you use your Card or primary deposit account to pay for goods or services, certain merchants may ask us to authorize or "hold" the transaction in advance and may estimate the final purchase amount. In addition, when you use your Card for an ATM withdrawal or a teller cash withdrawal, we generally authorize the transaction in advance (including all applicable fees). When we authorize a transaction, we commit to make the requested funds available when the transaction finally settles and will place a hold on your primary deposit account's funds for the amount indicated by the merchant, and this transaction will show as "pending" in your transaction history. We also may add an amount for transactions with certain merchants to ensure that sufficient funds will be available to cover the final transaction amount (such as to cover a tip at a restaurant). Transactions with certain merchants that authorize high dollar amounts, such as rental car companies and hotels, and certain cash and international transactions may cause a hold on money in your primary deposit account for up to 90 days. You will not be able to use the money in your primary deposit account that is on hold until the transaction finally settles or the hold is otherwise released. For more information about how we determine the amount of money in your Account available for your use and withdrawal, see Section 8 titled "We Use The Available Balance Method". If a pending transaction is not presented to us for payment within our established time period after being authorized (typically, three business days, but may be up to 90 days for certain types of transactions, as described above), we will release the hold. Note that if a transaction is presented to us for payment from your primary deposit account after we have released the hold, we must honor the transaction, which may result in a negative balance in your primary deposit account. For more information about negative balances, see Section 9.c. titled "Negative Balances". When a transaction finally settles, we will charge your primary deposit account for the amount of the final transaction, including any applicable fees, and then will release the hold on any remaining amount on money, as applicable.
e. Foreign Transactions. If you conduct a Foreign Transaction, the merchant, network, or card association that processes the Foreign Transaction may convert any related debit or credit into U.S. dollars in accordance with its then-current policies. Visa and Mastercard currently use a conversion rate that is either: (i) selected from a range of rates available in wholesale currency markets on or one day prior to its central or transaction processing date (which rate may vary from the rate the association itself receives) or (ii) the government- mandated rate. The conversion rate may be different from the rate in effect on the date of the Foreign Transaction and the date it is posted to your primary deposit account. The Foreign Transaction Fee set forth in Section 2 titled "Fees" is in addition to any of the Bank's other fees, including, but not limited to, the teller cash withdrawal fee and ATM withdrawal fee.
We monitor your Account for signs of potential fraud, which could include the use of your Card in a manner that is out of the ordinary. If you are planning on using your Card in a foreign country (for example, if you are traveling abroad), it is possible that your Foreign Transactions may be delayed or declined. For example, there are some countries in which we are required by law to block transactions and some countries for which we will not authorize the use of your Account due to fraud, terrorism, or other concerns. Those countries change from time to time, so contact us in advance if you are planning on using your Card in a foreign country and want to confirm that the Card can be accepted in that country.
f. ATM Safety. You agree to exercise discretion when using ATMs. If there are any suspicious circumstances, do not use an ATM. If you notice anything suspicious while transacting business at an ATM, cancel the transaction, pocket your Card, and leave. Be careful when using an ATM and be aware of the surroundings, especially at night or in isolated areas. Park near an ATM in a well-lighted area. At night, have someone accompany you to an ATM when possible. Do not approach a dark ATM. Do not accept assistance from anyone while using an ATM. Do not display your cash; pocket it and count it later in the safety of your office or home. Be sure to save your ATM transaction receipts. Check them against your Account statements regularly. Prepare deposits at home to minimize your time at an ATM. Make sure you safeguard your PIN; do not write it on your Card or carry it in your wallet or purse. Always secure your Card just like you would your cash, checks, and credit cards. Report all crimes to the ATM operator and local law enforcement officials immediately. We do not guarantee your safety while using ATMs.
g. Refunds on Purchases. Cash refunds will not be made to you for purchases made with your Card. If a merchant gives you a credit for merchandise returns or adjustments, it may do so by processing a credit adjustment, which we will apply as a credit to your primary deposit account. For security reasons, if a credit is applied to your primary deposit account for which there was no debit originally, we may block the use of your Account.
In addition to any other limits included in this Agreement, your Account is subject to the following limits:
a. Account Balance. The maximum Account balance is $250,000, but we may, in our sole discretion, allow your Account balance to exceed this limit.
b. Daily Cash Deposits. You may deposit up to $9,500 in cash per day at participating Barri retail stores. Otherwise, up to a maximum of $5,000 per month at POS or Teller cash deposits.
c. Daily Cash Withdrawals. You may withdraw up to $500 in cash from ATMs per day and $3,000 in cash through teller withdrawal transactions per month. . At a Store, you may withdraw up to $25,000 per day and up to $1000,000 per month, . We may, in our sole discretion, permit you to withdraw higher amounts of cash.
d. Total Daily Purchase and Cash Withdrawal. You may perform purchase and cash withdrawal transactions up to $10,000 per day using your Card, unless you are withdrawing cash pursuant to the Cardless Funds Access Service, as described further in Section 18.v., to which different limits apply.
e. Funding Transactions Involving an External Account. You may perform Funding Transactions that involve an external account up to $1,500 per month. A "Funding Transaction" refers to a near real-time transfer of funds from your Account to another network-branded account (e.g., a Visa or Mastercard prepaid or debit card) that is authorized via a third-party platform (e.g., loading of a prepaid card account, moving funds into another financial account, external P2P transactions, or adding value to a digital wallet).
f. Other Limits. You agree not to use your Account for business purposes. We may, in our sole discretion, close your Account if we determine that it is being used for business purposes. We may revoke or suspend your Account privileges or cancel your Account with or without cause or notice, other than as required by applicable law.
a. Your Liability for Unauthorized Electronic Fund Transfers. Tell us AT ONCE if you believe your Card or PIN has been lost or stolen or funds have been transferred from your Account without your permission. Reporting such loss, theft, or unauthorized transfer by calling us at [866-271-3202] is the best way of keeping your possible losses down. You could lose all the money in your Account (plus an amount up to your maximum Overdraft Protection limit). If you tell us within two business days after you learn of the loss or theft of your Card or PIN, you can lose no more than $50 if someone used your Card or PIN without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Card or PIN, and we can prove that we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500. (Note: Since your Card is a Visa Card, you will not be held responsible for unauthorized transactions processed by Visa if you use care in protecting your Card and PIN and notify us immediately of any unauthorized use.)
Also, if your Account statement shows transfers that you did not make, including those made by Card, PIN, or other means, tell us at once. If you do not tell us within 60 days after the Account statement was mailed or otherwise made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money in your Account if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
b. In Case of Errors or Questions About Your Electronic Transfers. Call us at 866-271-3202 or write us at Green Dot, P.O. Box 9, West Chester, OH 45071-0009 as soon as you can if you think your Account statement or receipt is wrong or if you need more information about a transaction listed on an Account statement or receipt. We must hear from you no later than 60 days after we sent the FIRST Account statement on which the problem or error appeared. When notifying us, you will need to tell us: (i) your name and Account number; (ii) why you believe there is an error and the dollar amount involved; and (iii) approximately when the error took place. In addition, it would be helpful if you provided us with any supporting documentation related to the error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. You agree to cooperate reasonably with us and our agents and service providers in our attempts to recover funds from, and to assist in the prosecution of, any unauthorized users of your Account.
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 provide a provisional credit to your Account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time that 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 provide a provisional credit to your Account.
For errors involving new Accounts, point-of-sale transactions, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new Accounts, we may take up to 20 business days to provide a provisional credit to your Account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
c. Our Liability for Failing to Make Transfers. If we do not complete an electronic fund transfer to or from your Account on time or in the correct amount according to this Agreement, we may be liable for your losses or damages under section 910 of the Electronic Fund Transfer Act (Title IX of the Consumer Credit Protection Act, 15 U.S.C. §§ 1693 et seq.). There are some exceptions, however. We will not be liable, for instance: (i) if through no fault of ours, your Account has insufficient funds for the transaction or the funds are unavailable for withdrawal (e.g., because they have not been finally collected or are subject to legal process); (ii) if the transaction would exceed your Overdraft Protection limit, if any; (iii) if the ATM where you are trying to make a withdrawal does not have enough cash; (iv) if the system, ATM, or point-of-sale terminal was not working properly and you knew about the problem when you started the transaction; (v) if a merchant refuses to honor your Card; (vi) if you attempt to use a Card that has not been properly activated; (vii) if the information supplied by you or a third party is incorrect, incomplete, ambiguous, or untimely; (viii) if your Card has been reported as lost, stolen, or compromised or has been suspended by us, if we have limited or revoked your Account privileges, or if we have reason to believe the transaction is not authorized by you; (ix) if the transaction cannot be completed because your Card is damaged; (x) if circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, pandemic, computer breakdown, telephone line disruption, or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us; or (xi) as otherwise provided in this Agreement.
d. How to Stop Preauthorized Transfers From Your Primary Deposit Account. If you have told us in advance to make regular payments out of your primary deposit account, you can stop any of these payments by writing to us at Customer Care, P.O. Box 1070, West Chester, OH 45071-1070 or by calling us at 866-271-3202. We must receive your request at least three business days before the payment is scheduled to be made. (Note: If you fail to give us your request at least three business days prior to a transfer, we may attempt, at our sole discretion, to stop the payment. We assume no responsibility for our failure or refusal to do so, however, even if we accept the request for processing.) If you call, we may require you to put your request in writing within 14 days after you call. If we do not receive the written confirmation within 14 days, we may honor subsequent debits to your primary deposit account. For individual payments, your request should specify the exact amount (dollars and cents) of the transfer you want to stop, the date of the transfer, and the identity of the payee. Unless you tell us that all future transfers to a specific recipient are to be stopped, we may treat your stop payment order as a request concerning the one transfer only. If you order us to stop one of these payments at least three business days before the transfer is scheduled and we do not do so, we will be liable for your losses or damages to the extent provided in this Agreement or required by applicable law.
e. Varying Preauthorized Transfers. If you have arranged in advance to make regular payments out of your primary deposit account and they may vary in amount, the person you are going to pay should tell you, at least 10 days before each payment, when it will be made and how much it will be. The person you are going to pay may give you the option of receiving this notice only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set.
f. Account Statements. An Account statement will be generated each monthly statement period (unless there are no transfers in a particular month). In any case, you will get an Account statement at least quarterly, unless your Account is dormant or inactive. Your Account statement will reflect your primary deposit account. You will have access to your Account statements at www.barri.com and via our Mobile App. We do not mail paper statements.
If we provide you with a notice or statement, electronically or otherwise, you must promptly and carefully review it to determine if any errors or problems exist. You agree to notify us immediately of any error, discrepancy or unauthorized transaction you discover on any statement or notice. If you fail to do so, you may be responsible for the losses resulting from such failure.
g. Business Days. Except as otherwise provided in this Agreement, our business days are Monday through Friday, excluding federal and legal banking holidays in the State of Utah.
h. Amendments/Changes in Account Terms. We may add to, delete, or change the terms of this Agreement at any time by mailing, emailing, or delivering a notice, an Account statement message, or an amended agreement to you at the last address (location or email) on file for you, your Account, or the service in question. If you have Family Cardholders (as defined below), we will send you only one notice. Unless otherwise required by applicable law, we may amend this Agreement without prior notice (e.g., by posting the information on www.barri.com or otherwise making it available to you). We may substitute similar services or discontinue currently offered services by giving you prior notice. We do not have to notify you, however, of any changes that are beneficial to you (e.g., a reduction or waiver of any fees or the addition of services) or if the change is required for security reasons.
i. Information Given to Third Parties. We may disclose information to third parties about you, your Account, and the transactions on your Account: (i) where it is necessary or helpful for completing transactions; (ii) in order to verify the existence and condition of your Account for a third party (e.g., a merchant); (iii) in order to comply with government agency or court orders; (iv) if you give us your consent; (v) to service providers who administer your Account or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; (vi) in order to identify, prevent, investigate, or report possible suspicious or illegal activity; (vii) in order to issue authorizations for transactions on your Account; (viii) to disclose the existence, history, and condition of your Account to consumer reporting agencies; and (ix) as permitted by our Privacy Policy. See our Privacy Policy for further details. We can also disclose information that is not personally identifiable for other purposes.
a. Determining Your Account's Available Balance. The "Available Balance" of your Account is defined as the most current record of the amount of money in your Account available for your use or withdrawal. We use the Available Balance to authorize your transactions during the day (e.g., Card purchases and ATM withdrawals). We also use the Available Balance to pay your transactions in our nightly processing. Note that the Available Balance of your Account may not represent the current balance of your Account due to pending transactions. We calculate your Available Balance as follows:
i. We start with the ending daily Account (posted) balance from our prior business day nightly processing that includes all transactions deposited to or paid from your Account;
ii. We subtract from this amount any holds placed on a deposit to your Account and any holds placed due to legal process;
iii. We add pending deposits that are immediately available for your use (see Section 4 titled "Funds Availability" for details); and
iv. We subtract pending withdrawals that we have either authorized (such as Card purchases and ATM withdrawals) or are known to us (such as your preauthorized automatic ACH (as defined below) withdrawals that we receive for payment from your Account) but have not yet processed (see Section 5.d. titled "Money in Your Account May Be Held Until a Transaction is Completed" for details).
b. How We Process (Post) Transactions to your Primary Deposit Account. We may charge your primary deposit account on the day that a transaction is presented (or returned) to us directly or electronically for payment. We may charge your primary deposit account or place a hold on funds at an earlier time if we receive notice that an item deposited to your primary deposit account is being returned, or if we receive notice that your electronic payment (e.g., at a point-of-sale) is being processed for collection.
c. Negative Balances. You may not perform transactions that exceed the Available Balance of your Account, and we generally will not authorize or pay transactions that exceed the Available Balance of your Account, unless we decide, in our sole discretion, to authorize and pay such transactions because you have opted in to and are eligible for Overdraft Protection. Please note, however, that some merchants: (i) may not check with us for authorization of the transaction amount; (ii) may check with us for authorization of the transaction amount but later present a transaction for payment that is for a higher amount; or (iii) may not timely present a transaction to us for payment, and therefore some transactions may be paid from your primary deposit account even if the Available Balance of your Account is insufficient, resulting in a negative balance in your primary deposit account, and even though you have not opted in to and are not eligible for Overdraft Protection. In such event, your primary deposit account will not be charged overdraft fees if you have not opted in to Overdraft Protection.
You are fully liable for the amount of any negative balance on your primary deposit account, including any applicable transaction fees. Any negative balance on your primary deposit account must be paid immediately, without notice or demand from us, by depositing funds to your primary deposit account. Without limiting any other provisions of this Agreement, if you do not deposit funds to your primary deposit account to cover a negative balance within 60 days of its creation, we may close your Account. Without limiting the foregoing, we reserve the right to pursue collections for any negative balance on your primary deposit account, and we may offset any negative balance on your primary deposit account with subsequent deposits and other credits to your primary deposit account, to the fullest extent permitted by applicable law, in accordance with Section 18.r. titled "Security Interest & Setoff".
a. Overview. In general, you may not perform transactions that exceed the Available Balance of your Account. However, if you elect to participate in our optional overdraft protection service ("Overdraft Protection") by "opting in" and you satisfy our eligibility requirements, we may allow you, at our discretion, to make purchase transactions with your Card that exceed the Available Balance of your Account, subject to the limits and fees described in this Agreement. Please review the Overdraft Protection Opt-In Notice available at www.barri.com or via the Barri Money Transfer Mobile App. Our eligibility requirements for Overdraft Protection are based on a set of automated rules that weigh numerous variables and accountholder behaviors, which may include the type, amount, and frequency of deposits to your primary deposit account, your Account status and transaction history, and the history of any other prior or current accounts with us. While we may, in our sole discretion, allow you to opt in to Overdraft Protection before you satisfy our eligibility requirements to use Overdraft Protection, we do not authorize and pay overdrafts for Card purchase transactions unless you opt in to Overdraft Protection and meet our eligibility requirements, except in certain limited circumstances described in this Agreement. We may modify the eligibility requirements, limits, fees, and other terms of Overdraft Protection or restrict or discontinue Overdraft Protection at any time, and we will provide notice of any changes as required by applicable law.
b. Opt-Out Option. If you previously opted in to Overdraft Protection, you may opt out of Overdraft Protection at any time by logging into and turning off the option via your Account at www.barri.com or via Mobile App. In general, your opt-out request will be effective immediately, and we will send you an email to confirm your opt-out request. If you opt out of Overdraft Protection, you will remain responsible for overdraft transactions, and any related overdraft fees and other applicable transaction fees, authorized prior to the effectiveness of your election to opt out of Overdraft Protection.
c. Discretionary Service. Overdraft Protection is not a loan or a line of credit. Even if you have opted in to Overdraft Protection, we are not obligated to pay any Card purchase transaction presented for payment that exceeds the Available Balance of your Account. Payment of such transactions by us is a discretionary, non-contractual courtesy and not a right of yours or an obligation of ours. Any discretionary payment by us of any overdraft transaction does not obligate us to pay any other overdraft transaction. We, in our sole and absolute discretion, may cease paying overdraft transactions at any time without prior notice of reason or cause.
d. Eligible Transactions. The only transactions that are eligible for Overdraft Protection are Card purchase transactions. We do not authorize or pay overdrafts for any other transactions, including, but not limited to, ATM withdrawals, ACH transfers, fund transfers (including person to person fund transfers) or teller cash withdrawals.
e. Overdraft Protection Limit. If you opt in to Overdraft Protection and satisfy our eligibility requirements, you may be assigned an Overdraft Protection limit determined by us in our sole discretion based on a set of automated rules that weigh numerous variables and accountholder behaviors, as described in Section 9.a above. We may increase or decrease your Overdraft Protection limit at any time in our sole discretion. We may decrease your Overdraft Protection limit to $0 if some or all of our eligibility requirements are no longer met, which may result in transactions being returned unpaid to merchants or third parties due to insufficient funds. You will remain responsible for overdraft transactions, and any related overdraft fees, authorized prior to a decrease in your Overdraft Protection limit. If you are assigned an Overdraft Protection limit, you may not select a higher limit, but we may allow you to lower your Overdraft Protection limit. The Overdraft Protection limit you may be assigned will be displayed in the Mobile App and after you log into your Account at www.barri.com.
Overdraft fees may cause your primary deposit account to be overdrawn by an amount that is greater than your Overdraft Protection limit.
f. Obligation to Repay. If we authorize and pay a Card purchase transaction that exceeds the Available Balance of your Account, you must pay the negative balance, including any overdraft fees and other applicable transaction fees, immediately by depositing funds to your primary deposit account. We may, at any time, in our sole discretion and without notice to you, offset any negative balance in your primary deposit account with incoming deposits and credits to your primary deposit account, and separately with funds from any other account you open or maintain with us.
g. Fees for Overdraft Protection Transactions. We will impose an overdraft fee if we pay a Card purchase transaction that exceeds the Available Balance of your Account, except as described below and in certain limited circumstances as described elsewhere in this Agreement. The overdraft fee is in addition to any other fees that may apply to a Card purchase transaction or your Account, as disclosed in this Agreement. The amount and applicability of the overdraft fee is as follows:
$15
i. Grace Period. No overdraft fee will be assessed in connection with any overdraft transaction if the Available Balance of your primary deposit account is returned to a $0 or positive balance within 24 hours from the first authorized overdrawn transaction that brings your Available Balance below $0. After the 24-hour grace period has ended and your account has not returned to a $0 or positive balance, an overdraft fee will be assessed for each transaction that is greater than $5 and overdraws your primary deposit account by more than $10.
ii. Order of Settlement. Transactions are not always processed in the order in which you make them. The order in which the transactions are received and processed can affect the Available Balance of your Account and the total amount of overdraft fees assessed to your Account. Transactions are processed in the order we receive them for settlement. Multiple overdraft fees may be charged if multiple overdraft transactions are authorized on the same day. It is important to keep track of the Available Balance of your Account because it is your responsibility to determine if you have overdrawn your primary deposit account, the day and time the overdraft transaction occurred, and the amount of any Card purchase transactions authorized and paid pursuant to Overdraft Protection.
h. Alerts. We will send emails to your email address in our records (and also text messages to your mobile number in our records if you are enrolled in text alerts) in connection with your use of Overdraft Protection (e.g., to notify you when we increase or decrease your Overdraft Protection limit, when an overdraft occurs that might incur an overdraft fee, and when the grace period ends for purposes of avoiding an overdraft fee).
i. Suspension or Termination. We may suspend or terminate your ability to use Overdraft Protection at any time without notice of reason or cause in our sole discretion. If we suspend or terminate your ability to use Overdraft Protection, this may result in transactions being returned unpaid to merchants or third parties due to insufficient funds, and you will remain responsible for overdraft transactions, and any related overdraft fees, authorized prior to the suspension or termination of your ability to use Overdraft Protection.
j. Limits. We do not authorize and pay overdrafts if your access to Overdraft Protection has been suspended or terminated or if you have opted out of Overdraft Protection, except in certain limited circumstances described in this Agreement. Without limiting the foregoing, if you overdraw your primary deposit account 10 times or more during a monthly statement period, we may suspend your access to Overdraft Protection for the remainder of the monthly statement period.
k. Important Notice About Overdraft Protection. While Overdraft Protection may help you avoid transaction declines for important purchases, this is an expensive service and should not be relied upon to meet your credit needs. We encourage you to research alternative solutions that may be less expensive or more advantageous to you before you opt in to and use Overdraft Protection.
a. Adjustments. We may make adjustments to your Account whenever a correction or change is required. Adjustments might occur, for example, if deposits are recorded or keyed in the wrong amount or items you deposit are returned unpaid.
b. Account Contact Information Changes. You agree to notify us immediately in writing of any change in your or a Family Cardholder's name, address, email address, phone number, or other contact information associated with your Account. We may rely on our records to determine the ownership of your Account.
c. Compliance. You agree not to violate the laws of the U.S., including, without limitation, the economic sanctions administered by the U.S. Treasury's Office of Foreign Assets Control. You may not use your Account or any Account-related service to conduct any activity that would violate applicable law. If we are uncertain regarding the legality of any transaction, we may refuse the transaction or freeze the amount in question while we investigate the matter.
d. Conflicting Demands/Disputes. If there is any uncertainty regarding the ownership of an Account or its funds, there are conflicting demands over its ownership or control, we are unable to determine any person's authority to give us instructions, we are requested by Adult Protective Services or any similar state or local agency to freeze the Account or reject a transaction due to the suspected financial abuse of an elder or dependent adult, or we believe a transaction may be fraudulent or may violate any law, we may, at our sole discretion: (i) freeze the Account and refuse transactions until we receive written proof (in form and substance satisfactory to us) of each person's right and authority over the Account and its funds; (ii) refuse transactions; (iii) require the signatures of all authorized signers for the withdrawal of funds, the closing of an Account, or any change in the Account regardless of the number of authorized signers on the Account; (iv) request instructions from a court of competent jurisdiction at your expense regarding the Account or transaction; and/or (v) continue to honor transactions and other instructions given to us by persons who appear as authorized signers according to our records. The existence of the rights set forth above will not impose an obligation on us to assert such rights or to deny a transaction.
e. Consent For Us to Contact You. Except to the extent prohibited by applicable law, you agree that we or our agents may contact you at any telephone number you provide to us, including your mobile phone number, and you agree to receive these calls and also text messages, including prerecorded or autodialed calls. You understand that your service provider may charge you for these calls and messages.
f. Consent to Gather Information. You authorize us to obtain information from time to time regarding your credit history from credit reporting agencies and other third parties. You authorize us to obtain address information from the California Department of Motor Vehicles or any other government agency. As such, you waive your rights under California Vehicle Code § 1808.21 (or its equivalent). You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI), and other subscriber status and device details, if available, to us and our service providers solely to verify your identity and prevent fraud. See our Privacy Policy for how we treat your data.
g. Cutoff Hours. Except as otherwise expressly provided in this Agreement, instructions received by us on a weekend, holiday, or after our cutoff hour on a business day may be treated and acted upon by us as if received on the next business day.
h. Death or Adjudication of Incompetence. We may disregard any notice of incompetence unless the person in question has been declared incompetent by a court of appropriate jurisdiction and we receive written notice and instructions from the court regarding the Account. We also may freeze, offset, refuse, and/or reverse deposits and transactions (e.g., governmental or retirement benefit payments payable to the deceased) if you die or are adjudicated incompetent. Without limiting any other provisions of this Agreement, if we have any question as to the ownership of funds or the amount of funds that belong to any person upon the death of an accountholder, we may freeze all or part of the Account, pending receipt of proof (satisfactory to us) of each person's right to the funds.
i. Deposit Insurance. Your Account is insured up to the regulatory limits prescribed by the Federal Deposit Insurance Corporation (FDIC). For further information regarding insurance of accounts, you may write to the FDIC at 550 17th Street, N.W., Washington, D.C. 20429, telephone the FDIC's toll-free consumer hotline at 877-275-3342, or visit its website at https://www.fdic.gov/.
j. Fax Instructions/Voicemail/Email. We may, but are not required to, act upon instructions received by fax transmission, voicemail, or email. We may not review your message until the business day after its receipt. As such, it may not be appropriate to use these methods of communication if you need to reach us with time-sensitive information. For security reasons, you should not send us emails that contain any personal or Account information.
k. Force Majeure. We will not be liable for any loss, expense, failure to perform, or delay caused by failure of communication systems, accidents, pandemics, strikes, fire, flood, war, riot, civil strife, terrorist attack, earthquake, power outage, funds transfer system or government rules, acts of third parties, or any cause that is beyond our reasonable control.
l. Governing Law. To the extent this Agreement is subject to the laws of any state, it will be subject to the law of the State of Utah, without regard to its conflict of law provisions.
m. Inactive Accounts. For security reasons, we may refuse a withdrawal or transfer from Accounts we internally classify as dormant if we cannot reach you in a timely fashion to confirm the transaction's authorization. We may transfer (escheat) funds in your Account to the appropriate state if no activity occurs in your Account or you fail to communicate with us regarding your Account within the time period specified by state law. We may consider your Account inactive even if you maintain another active account with us. We may impose a fee for sending a dormant Account notice to you prior to transferring the funds to the appropriate state. If funds are transferred to a state, you may file a claim with the state to recover the funds.
n. Legal Process. We may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant, or other legal process that we believe (correctly or otherwise) to be valid. We may notify you of such process by telephone, electronically, or in writing. If we are not fully reimbursed for our record research, photocopying, and handling costs by the party that served the process, we may charge such costs to your Account. You agree to reimburse us for any cost or expense, including attorneys' fees, which we incur in responding to legal process related to your Account. You agree that we may honor legal process that is served personally, by mail, email, or facsimile transmission at any of our offices (including locations other than where the funds, records, or property sought is held), even if the law requires personal delivery at the office where your Account or records are maintained.
o. Limitation on Time to Bring Action. Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law with respect to your Account or any Account service must be commenced no later than one year after the day the cause of action accrues.
p. Other Agreements. You may have another agreement with us that, by its terms, supersedes this Agreement in whole or in part.
q. Power-of-Attorney. You may appoint an attorney-in-fact for your Account and also revoke a power of attorney. You should notify us in advance if you plan to create a power of attorney involving your Account. We generally will accept a Uniform Statutory Form Power of Attorney that complies with applicable state law. We may refuse to accept other forms of powers of attorney, however, with or without cause. We may act on the instructions of an attorney-in-fact whether or not the attorney-in-fact relationship is noted in the instruction. You can revoke your power of attorney by sending a written notice to us. We assume no duty to monitor the actions of your attorney-in-fact to ensure that he or she acts for your benefit.
r. Security Interest & Setoff. You grant us a security interest in your Account, including all current and future deposits, for amounts owing to us now and/or in the future under this Agreement or any other agreement you have with us. We may charge or set off funds in your Account for any direct, indirect, and/or acquired obligations that you owe us now and/or in the future, regardless of the source of the funds in your Account, to the fullest extent permitted by law. If you have a negative balance in your primary deposit account due to your use of Overdraft Protection or for other reasons discussed in Section 9 titled "We Use The Available Balance Method" or Section 10 titled "Discretionary Overdraft Protection," we will automatically deduct the negative balance amount from any current or future funds in your primary deposit account or any other account you open or maintain with us.
s. Severability. If any of the provisions of this Agreement are determined to be void or invalid, the remainder of this Agreement will remain in full force and effect.
t. Telephone and Electronic Communication Monitoring/Recording. We may monitor telephone conversations and electronic communications for quality and control purposes without prior notice to you. We usually do not record conversations without notice to you.
u. Termination/Closing Your Account. We may close your Account if the Account balance is zero or negative. We may also terminate your Account relationship with us at any time, with or without cause, with or without notice. If funds are not withdrawn from your Account prior to the termination of your Account, we may send a check for the Account balance to you at the last address we have on file for your Account or return the Account balance to you via any other method we select in our discretion. We reserve the right to refuse to return any unused balance amount less than $1.00. We may dishonor any item or transaction presented for payment after your Account is closed. Notwithstanding the foregoing, you remain responsible for such items and transactions, which may be treated as overdrafts.
v. Transfers/Assignments. Unless otherwise agreed by us in writing, your Account is non- transferable and non-negotiable. You may not grant, transfer, or assign any of your rights to your Account without our prior written consent. We are not required to accept or recognize an attempted assignment of your Account or any interest in it, including a notice of security interest.
w. Waivers. We may delay enforcing our rights under this Agreement without losing them. Any waiver by us will not be deemed a waiver of other rights or of the same right at another time. You waive diligence, demand, presentment, protest, and notice of every kind, except as set forth in this Agreement.
x. Termination or Suspension of Service. We may suspend or terminate your access to or use of any or all of our services at any time without cause in our sole discretion. We may immediately suspend your use of our services if you breach this Agreement or any other agreement with us or we have reason to believe there has been or may be an unauthorized use of your Account.
a. Acknowledgement of Arbitration. Your Account is being made available and priced by the Bank on the basis of your acceptance of the following arbitration provision. By opening your Account, you acknowledge that you are giving up the right to litigate Claims (as defined below) if either party elects arbitration of the Claims pursuant to this provision, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this Agreement. You further acknowledge that you have read this arbitration provision carefully, agree to its terms, and are entering into this Agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Agreement.
b. Arbitration of Claims. Except as expressly provided herein, any claim, dispute, or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present, or future), including initial claims, counter-claims, cross-claims, and third-party claims, arising from or relating to (i) your Card or Account; (ii) any service relating to your Card or Account; (iii) the marketing of your Card or Account; (iv) this Agreement, including the validity, enforceability, interpretation, scope, or application of this Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which will be for a court to decide); and (v) any other agreement or instrument relating to your Card or Account or any related service ("Claim") will be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration. Arbitration replaces the right to litigate a claim in court or to have a jury trial. The American Arbitration Association ("AAA") will serve as the arbitration administrator. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with the AAA by contacting the AAA as follows: online at https://www.adr.org or by writing to the AAA at: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043.
c. Other Claims Subject to Arbitration. In addition to Claims brought by either you or the Bank, Claims made by or against Green Dot Corporation or by or against anyone connected with you or the Bank or claiming through you or the Bank (including a second cardholder, employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy) will be subject to arbitration as described herein.
d. Exceptions. Either you or the Bank can seek to have a Claim resolved in small claims court if all the requirements of the small claims court are satisfied. Either you or the Bank may seek to have a Claim resolved in small claims court in your county of residence or the small claims court in closest proximity to your residence. This arbitration provision also does not limit or constrain the Bank's right to interplead funds in the event of claims to Account funds by several parties.
e. Individual Claims Only. Claims may be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be arbitrated on a class basis, in a representative capacity on behalf of the general public or on behalf of any other person, unless waived by the Bank. However, co-applicants, second cardholders, and authorized users of a single Card and/or related cards are considered as one person, and the Bank, its officers, directors, employees, agents, and affiliates are considered as one person. Nothing within the Agreement prohibits the application of the "Related Cases and Mass Arbitrations" procedures outlined below in Sub-Section (h).
f. Arbitration Fees. If you initiate arbitration, payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You are required to pay AAA's initial filing fee, but the Bank will reimburse you for this filing fee at the conclusion of the arbitration, but only to the extent it exceeds the fee for filing a complaint in a federal or state court nearest your residence with jurisdiction over the Claims. If the arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b) and/or AAA Consumer Arbitration Rule 44(c)), then the payment of all fees will be governed by the AAA Rules and the Bank will not reimburse your initial filing fee. The parties agree that the AAA has discretion to modify the amount or timing of any intake, administrative or arbitration fees due under the AAA Rules where it deems appropriate, provided that such modification does not increase the AAA fees to you or the Bank. If the Bank initiates or elects arbitration, the Bank will pay the entire amount of the arbitration fees, including any required deposit.
g. Notice of Claim. If you elect to seek arbitration, you must first send to the Bank a written Notice of your Claim ("Notice of Claim"). The Notice of Claim to the Bank should be sent in care of our registered agent Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808. The Notice of Claim should include both the mailing address and email address you would like the Bank to use to contact you. If the Bank elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to your address on file. A Notice of Claim, whether sent by you or by the Bank, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought. A Notice of Claim must only pertain to your Claims, and a single Notice of Claim may not pertain to any similar Claims of any other person.
You and the Bank agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and the Bank therefore agree that, after a Notice of Claim is sent but before either you or the Bank commence arbitration or file a claim in small claims court against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim covered by this Agreement. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if the Bank is represented by counsel, its counsel may participate in the conference as well, but the Bank agrees to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
If we do not reach an agreement to resolve the Claim within sixty (60) days after the Notice of Claim is received, you or the Bank may commence an arbitration proceeding by filing a Demand for Arbitration or, alternatively, by filing a Claim in small claims court. You agree that you may not commence any arbitration or file a claim in small claims court unless you and the Bank are unable to resolve the claim within 60 days after we receive your completed Notice of Claim and you have made a good faith effort to resolve your claim directly with the Bank during that time. If a Claim qualifies for small claims court, but a party commences an arbitration proceeding, you and Bank agree that either party may elect instead to have the Claim resolved in small claims court, and upon written notice of a party's election, the AAA will administratively close the arbitration proceeding. Any dispute about whether a Claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the Claim should proceed in arbitration.
h. Related Cases and Mass Arbitrations. If your Notice of Claim involves claims similar to those of at least 25 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, or if the Bank asserts 25 or more similar demands for arbitration or counterclaims against similarly-situated parties, within a period of 60 days or otherwise close in proximity, you and we agree that these claims will be related ("Related Cases"), and this shall be called a "Mass Arbitration." The following procedures will apply to a Mass Arbitration:
i. Acknowledgment of Related Cases procedure. If you or the Bank, or your or our counsel, files a demand for arbitration that has Related Cases, then you and we agree that the demand for arbitration shall be subject to the additional protocols set forth in this Sub-Section (h). If the parties disagree as to whether a series of filings fits within the definition of Mass Arbitration above, the arbitration provider shall resolve the disagreement. You and we also acknowledge that the adjudication of the dispute may be delayed and that any applicable statute of limitations shall be tolled from the time of filing of the demand for arbitration, and pending resolution of the proceedings described in this Sub-Section (h).
ii. Bellwether Arbitrations. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated the "Initial Test Cases," to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration, the filing fees (together with any arbitrator consideration of the other demands) will be in abeyance, and neither You nor the Bank will be required to pay any such filing fees. You and the Bank also agree that neither you nor we shall be deemed to be in breach of Section (h) for failure to pay any such filing fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference.
iii. Global Mediation. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims ("Global Mediation"), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the Parties are unable to resolve the outstanding claims during the Global Mediation, the unresolved Claims may then be administered by the arbitration provider pursuant to this Agreement's Batch Arbitration provision below and the arbitrator's fee schedule for mass filings, unless the parties mutually agree otherwise in writing. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the Bellwether Arbitration and Global Mediation process.
iv. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and the Bank agree that in the event the Bellwether Arbitration and Global Mediation processes described above do not resolve the Claims, the arbitration provider will (1) administer the remaining arbitration demands in batches of 50 demands per batch; (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ("Batch Arbitration"). The final award will provide for individual merit decisions for each separate claimant within the single batch arbitration award.
v. Enforcement of Subsection. A Court of competent jurisdiction shall have the power to enforce Section (h), including by injunctive, declaratory, or other relief.
i. Procedure. A single arbitrator will resolve the Claims. The arbitrator will be a lawyer with at least ten years' experience or who is a former or retired judge and will be selected by the parties from the AAA's National Roster of arbitrators. The arbitrator will be selected using the following procedure: (a) the AAA will send the parties a list of five candidates meeting this criteria; (b) if the parties cannot agree on an arbitrator from the list, each party shall return its list to the AAA within 10 days, striking up to two candidates for any reason or for no reason at all, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. The arbitrator is bound by this Agreement. Except as otherwise provided below, all issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.
The arbitration will follow the AAA's rules and procedures in effect on the date the arbitration is filed, except when there is a conflict or inconsistency between the AAA's rules and procedures and this arbitration provision, in which case this arbitration provision will govern. Any in-person arbitration hearing for a Claim will take place within the federal judicial district in which you live or at such other reasonably convenient location as agreed by the parties. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (the "FAA"), and will honor all claims of privilege and confidentiality recognized at law. All statutes of limitations that would otherwise be applicable will apply to any arbitration proceeding. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any appropriate court may enter judgment upon the arbitrator's award. This arbitration provision is made pursuant to a transaction involving interstate commerce and will be governed by the FAA.
1. Introduction.This Online and Mobile Banking Agreement (this "Online and Mobile Banking Agreement") sets forth the terms and conditions that apply to your access and use of the Barri debit card online and mobile banking services ("Service") provided by Green Dot Bank, Member FDIC. In this Online and Mobile Banking Agreement, "you" refers to each owner and authorized signer on the accounts that may be accessed through the Service. The terms "we," "us," and "Bank" refer to Green Dot Bank, Member FDIC. This Online and Mobile Banking Agreement incorporates, supplements, and supersedes where inconsistent, the terms of your Deposit Account Agreement with us. Your use of the Service will be deemed further evidence of your agreement to these terms. The Service is made available to you via the website, located at [www.barri.com] ("Website"), and the Barri Money Transfer mobile application ("Mobile App"). Certain features and functionality of the Service may be made available only via the Website or only via the Mobile App. PLEASE READ THIS ONLINE AND MOBILE BANKING AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE VIA THE WEBSITE OR MOBILE APP. DO NOT USE THE SERVICE VIA THE WEBSITE OR MOBILE APP IF YOU DO NOT AGREE TO THE TERMS OF THIS ONLINE AND MOBILE BANKING AGREEMENT. By accessing or using the Service, you represent that you have read and agree to be bound by this Online and Mobile Banking Agreement in its entirety and all applicable laws, rules, and regulations governing your use of the Website or the Mobile App. This Online and Mobile Banking Agreement may be amended by posting a new version to the Website and the Mobile App, which version will be effective upon posting.
2. Our Service.The Service may allow you to access a variety of features through the Website or Mobile App from time to time, subject to your eligibility to use such features.
3. Your Equipment.To use the Service, you must have the browser and equipment described in the Electronic Communications Agreement accessible after you log in to your account using the Website or Mobile App. You are responsible for the selection, installation, maintenance, and operation of your computer, mobile devices, and software. We are not responsible for any errors, failures, or malfunctions of your computer, mobile devices, or software or for any computer virus or related problems that may occur with your use of the Service. You are responsible for ensuring that your computer, mobile devices, and software are compatible with the Website, Mobile App, and other system requirements. We reserve the right to change our system requirements from time to time. We reserve the right to support only certain types of mobile devices and mobile operating systems. Note: Some browser software may store usernames and security codes to facilitate the future use of a website. For security reasons, you agree to disable this feature in your browser. Check your browser's "Help" screen for more information on this feature.
4. Website Terms of Use and Mobile App End User License Agreement.The Mobile App Terms of Use (the "Mobile App Agreement") applies to your access and use of the Mobile App. We have the right to terminate or suspend your access to or use of the Mobile App, with or without notice, in the event that you violate the Mobile App Agreement. In case of any discrepancy between this Online and Mobile Banking Agreement and the Mobile App Agreement, the terms of this Online and Mobile Banking Agreement will prevail.
5. Proprietary Rights; Use of Content.The Website and Mobile App are owned and operated by the Bank or its affiliates, licensors, and/or third-party service providers (collectively, the "Green Dot Parties") and, unless otherwise indicated, all designs, text, images, videos, graphics, software, and other content and materials appearing on the Website or Mobile App (collectively, "Content") are the property of the Bank or the Green Dot Parties and are protected, without limitation, by U.S. and foreign copyright, trademark, and other intellectual property laws. All trademarks, service marks, trade names, logos, and other indicia of origin (collectively, "Marks") appearing on the Website or Mobile App are the property of the Bank or the Green Dot Parties. You may not make any use of any Content or Marks without the Bank's prior written consent. No Content from the Website or Mobile App may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
6. Your Conduct.In using or accessing the Service, you agree: (i) not to use the Service for fraudulent purposes; (ii) not to "spam" others or "phish" for others' personal information; (iii) not to create or use a false identity; (iv) not to disrupt or interfere with the security of, "deeplink," attempt to obtain unauthorized access to or otherwise abuse, the Service or affiliated or linked websites; (v) not to disrupt or interfere with any other user's enjoyment of the Service; (vi) not to use, frame, or utilize framing techniques to enclose any Marks or other proprietary information (including Content); (vii) not to use meta tags or any other "hidden text" utilizing a Mark; and (viii) not to use the Service in a manner that is defamatory, inaccurate, profane, threatening, invasive of a person's privacy, violates any third-party proprietary rights, or is in violation of any applicable law.
7. Third-Party Websites and Services.The Website and Mobile App may contain links to third-party websites and services, over which the Bank has no control. You acknowledge and agree that the Bank does not endorse, verify, or make any representations regarding these third-party websites and services and is not responsible for the availability of, and any liability arising from, any such third-party websites and services. The Bank is not liable to you or any other party for any loss or damage which may be incurred by you as a result of these third-party websites and services.
8. Termination; Modification.The Bank reserves the right, without notice and at its sole discretion, to suspend or terminate your ability to access or use the Service, and to block or prevent future access to and use of the Service for any reason. The Bank may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any or all aspects of the Service, temporarily or permanently, at any time with or without notice to you. You agree that the Bank will not be liable to you or to any third party for any such modification, suspension, or discontinuance.
9. Disclaimer.THE BANK MAKES NO REPRESENTATION OR WARRANTY IN CONNECTION WITH THE SERVICE, THE WEBSITE, THE MOBILE APP, OR ANY CONTENT OR ONLINE OR MOBILE SERVICES PROVIDED THEREIN ("BANK MATERIALS"), ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE BANK HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, WITH RESPECT TO THE BANK MATERIALS, AND ANY THIRD- PARTY WEBSITE OR SERVICE. THE BANK DOES NOT WARRANT THAT THE BANK MATERIALS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE BANK MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT TRANSMISSIONS OR DATA WILL BE SECURE, OR THAT THE BANK MATERIALS, OR THE SERVER(S) THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE BANK DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE BANK MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
The Bank will not be responsible for any delay, failure in performance, or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, terrorism, wars, strikes or other labor disputes, pandemics, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond the Bank's reasonable control.
10. Limitation of Liability.YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.
11. Hours of Operation.You can access automated account information through the Service seven days a week, 24 hours a day. There may be times, however, when all or part of the Service is unavailable due to system outages or maintenance. We assume no responsibility for any damage or delay that may result from such unavailability.
12. Privacy.Please see our Privacy Policy and Technology Privacy Statement for information about how we collect, use, and disclose your information.
13. Discrepancies.We assume no responsibility for the accuracy or timeliness of information provided by, or retrieved from, other institutions or other parties to your transactions. You agree to provide us with prior written notice of any changes in your designated accounts with payees and other institutions that would affect our right or ability to process Service transfers or payments.
If a transfer or payment instruction identifies a payee or a bank by name and account or other identifying number, we and other financial institutions may process the transaction solely on the basis of the number, even if it identifies a different person or entity from what is indicated in the instruction. We have no obligation to identify and investigate discrepancies between names and numbers.
14. Limitation on Time to Sue.Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this Online and Mobile Banking Agreement or by law with respect to the Service must be commenced no later than one year after the day the cause of action accrues.
15. Termination.We may terminate or suspend your access to all or part of the Service at any time, with or without cause. Any indemnification required by this Online and Mobile Banking Agreement will survive its termination.
Rev. September 2025