NOTICE: THIS WASHINGTON STATE ABLE SAVINGS PLAN CARDHOLDER AGREEMENT (THE "AGREEMENT") REQUIRES ALL DISPUTES BE RESOLVED BY WAY OF BINDING ARBITRATION, INSTEAD OF BY COURT, UNLESS YOU OPT-OUT AS DETAILED IN THE ARBITRATION SECTION BELOW.
1. Terms and Conditions. By activating, using, or authorizing the use of your Card, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. citizen or legal alien residing in one of the 50 states or the District of Columbia; (iii) the personal information that you provide to us in connection with the Card is true, correct, and complete; and (iv) you received a copy of this Agreement and agree to be bound by and to comply with its terms, including the Arbitration Provision set forth below. This Agreement outlines the terms and conditions under which the Washington State ABLE Savings Plan Mastercard® Card (the “Card”) has been issued to you (either directly as beneficiary or for your benefit through your ABLE Account Authorized Legal Representative, as defined in the ABLE Account Plan Disclosure located at http://washingtonstateablesavings.com/assets/docs/washington-able-plan-disclosure.pdf for the Washington State ABLE Savings Plan, together “you”) by Central National Bank, Enid, Oklahoma, Member FDIC. In this Agreement, the term Card includes any secondary cards you request, “Account Number” means the 14-digit number used to identify your Card Account, “Card Account” means the records we maintain to account for your available funds and transactions made using your Card, “Card Number” is the 16-digit number embossed on your Card. Our “Business Days” are Monday through Friday, excluding certain federal holidays. You and “Your” mean the person to whom the Card Account is registered and who is authorized to use the Card as provided by this Agreement. “We”, “us”, “our” and “Bank” means Central National Bank, Enid, its successors and assigns. “Servicer” means Marqeta Inc. as the manager and processor of the Card.
This Agreement supersedes any terms and conditions that you may have previously received. PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP IT FOR FUTURE REFERENCE.
2. Fees. THE FEES RELATING TO THE USE (AND MISUSE) OF YOUR CARD ARE SET FORTH IN THE “SCHEDULE OF FEES AND CHARGES” ATTACHED TO THIS AGREEMENT AND INCORPORATED HEREIN BY REFERENCE. FEES INCURRED PURSUANT TO THE TERMS OF THIS AGREEMENT WILL BE WITHDRAWN FROM YOUR CARD ACCOUNT AND WILL BE ASSESSED SO LONG AS THERE IS A REMAINING BALANCE IN YOUR CARD ACCOUNT, UNLESS PROHIBITED BY LAW. You agree to pay all fees associated with the Card. We may from time to time amend the Fee Schedule, at our sole discretion as set forth in the section of this Agreement entitled, “Amendment and Cancellation.” If you request a service that is not included in this “Schedule of Fees and Charges” and there is a fee for such service, such fee will be disclosed at the time you request the service and you agree that any such fee may be deducted from your Card Account.
3. Card Account Description. The Card is a reloadable prepaid card. The Card allows you to access funds loaded or deposited to your Card Account by you or on your behalf. The funds in your Card Account will be FDIC-insured once we have been able to verify your identity. You may access the funds in your Card Account by using your Card, Card Number, by automated clearinghouse (ACH) debit using your Account Number. The Card is not a credit card. The Card is not a gift card, nor is it intended for gifting purposes. You may not redeem your card for cash. You may not use your card to obtain cash at automated teller machines or any point-of-sale device. You will not receive any interest on your funds on the Card. The funds in your Card Account will not expire, regardless of the expiration date on the front of your Card.
4. Verification of Identity. The USA PATRIOT Act is part of a federal law (the Bank Secrecy Act) that requires all financial institutions to obtain, verify and record information that identifies each person who opens a Card Account. What this means for you: When you open a Card Account, we require your name, physical address, and date of birth and other information that will allow us to reasonably identify you. We may also ask to see your driver's license, Social Security card, or other identifying documents at any time. Upon successful verification, you will be able to use your Card via the methods detailed within this Agreement.
5. Authorized Users. If you are the Card Account Authorized Legal Representative for the beneficiary for whom this Card Account is being established and you permit another person to have access to your Card or Card Number, you are liable for all transactions made with the Card or Card Number, and all related fees incurred, by those persons. To cancel an additional card, telephone the toll-free number on the back of your Card or administrative office at (844) 600-ABLE or (844) 888-ABLE (TTY), and you must follow-up no later than 10 business days with the written notification to revoke (cancel) permission for any person you previously authorized to use your Card by writing us at Washington State ABLE Savings Plan Cardholder Program, P.O. Box 9891, Providence, RI 02940-8091. Until we have received your notice of such a revocation (cancellation) and have had a reasonable time to act upon the written notification of cancellation, you are responsible for all transactions and fees incurred by you or any other person you have authorized. If you tell us to revoke (cancel) another person's use of your Card, we may revoke (cancel) your Card and issue a new Card with a different Card Number and/or Account Number. You are wholly responsible for the use of each Card according to the terms of this Agreement, subject to section labeled "Lost or Stolen Cards, Unauthorized Transactions" below, and other applicable laws.
6. Activating Your Card. Before you can use your Card, you will need to activate it by following the activation instructions accompanying your Card. You should also sign the back of the Card where indicated. Write down the Card Number and the toll-free number on a separate piece of paper in case the Card is lost or stolen. We reserve the right to delay activation and use of the Card for up to twenty-four (24) hours. During activation, we may request that you provide the card security code printed on the front and/or back of your Card, as well as additional identification information including, but not limited to, your name, your address, home phone number, date of birth, zip code, and a form of identification.
7. Card Account Access and Card Use. Subject to the limitations set forth in this Agreement, once your Card has been successfully activated and your identity verified, you may use your Card, Card Number, or Account Number, as applicable, to facilitate payment instructions that you give us that can include: (1) adding funds to your Card Account (see section below labeled "Adding Funds to Your Card Account"), (2) purchasing goods or services in the United States wherever Mastercard® debit cards are accepted, in either case relating to Qualified Disability Expenses of the beneficiary as described in your ABLE Account Plan Disclosure and as long as you do not exceed the value available in your Card Account. There may be fees associated with some of these transactions. For fee information, see the Schedule of Fees and Charges below. You agree not to use your Card for illegal gambling or any other illegal or prohibited purpose.
Each time you use the Card, you authorize us to reduce the funds available in your Card Account by the amount of the purchase or withdrawal in addition to any applicable fees, costs or holdings. There is no credit line associated with your Card. This means that at the time of the transaction you must have sufficient funds available in your Card Account to pay for the transaction and any applicable fees and you are never allowed to exceed the available balance in your Card Account. Nevertheless, if you exceed the available balance you shall remain fully liable to us for the amount of the transactions and any applicable fees and charges. We may deduct the negative balance owing from any current or future funds loaded to your Card Account or any other account you activate or maintain with us. If your Card Account has a zero or negative balance, we may, at our option, cancel your Card Account without notice. You can get a receipt at the time you initiate a transaction and you should retain the receipt to verify your transactions. Some merchants may not provide paper receipts for small dollar transactions.
8. Limitations on Use, Frequency and Dollar Amounts of Transactions. The total amount of purchases that you can perform in any single transaction is limited to $5,000 – see the Transactional Limit amounts set forth in the enclosed Schedule of Fees and Charges. The maximum aggregate value of your Card Account(s) is restricted to $15,000 per day and $30,000 per month at any point in time. We will determine any maximum value by aggregating the activity and value of all Card Accounts you may have with us. For security reasons, we may further limit the number or dollar amount of transactions you can make with your Card. We may increase or decrease these limits from time to time in our sole discretion and, to the extent permitted by applicable law, without prior notice to you.
9. Adding Funds to Your Card Account. Adding funds is referred to as "loading." You may add funds to your Card Account only from the beneficiary's ABLE Account subject to the limitations in this Agreement and the Washington State ABLE Savings Plan located at http://washingtonstateablesavings.com/assets/docs/washington-able-plan-disclosure.pdf. The number of times you are allowed to load funds on your card during the course of a day is limited to 1, your daily load limit is $15,000, and your monthly load limit is $30,000.
10. Personal Identification Number (PIN). You will be asked to create a PIN when you activate your Card. Your PIN is a security feature which will be needed for certain transactions including certain purchase transactions. It identifies you as the proper user of the Card and authorizes transactions that you make with the Card. You should never write your PIN on your Card, do not keep it with your Card, and do not reveal it to any unauthorized person. You should contact us immediately if you believe that anyone has gained unauthorized access to your PIN. You should not reveal the PIN to anyone and you assume full responsibility for any and all PIN transactions. If you believe that your PIN has been stolen and that unauthorized transactions are occurring on your Card, please contact us immediately at the number on the back of your Card so that we may close the Card and issue you a new Card. If you lose or forget your PIN, you may visit https://www.sumday.com/customer-support/washington-able, or call us at (844) 600-ABLE or (844) 888-ABLE (TTY). You can also call us at (844) 600-ABLE or (844) 888-ABLE (TTY) to reset your PIN. Our customer service agents cannot access or communicate your current PIN.
11. Split Transactions. If you do not have enough funds available in your Card Account for an entire purchase, you can instruct the merchant to charge part of the purchase to your Card Account and pay the remaining amount with other funds. These are called "split transactions" and some merchants do not permit them. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined.
12. Transactions Using Your Card Number. If you use your Card Number or Account Number without presenting your Card (such as for mail order, telephone or Internet purchases), the legal effect will be the same as if you used the Card itself.
13. Authorization Holds. Certain merchants, such as hotels and car rental agencies may cause an "authorization" or a "hold" on your available balance for up to 90 days for an amount of funds above the actual transaction amount to ensure that there are adequate funds available for the purchase. You are only charged the actual amount of the purchase at the time the transaction is settled, but a portion of your funds may be unavailable prior to settlement. Certain merchants may authorize/approve an amount as high as 25% above the actual purchase price; this is done to take into account tip/gratuity. Please be advised that while this additional amount may be unavailable for up to ninety (90) days, your Card will only be charged the actual amount of the purchase at the time the transaction is settled. Please note that we may not manually release authorizations without a certified letter or fax from the merchant. In addition, if you commence a purchase and the merchant obtains an authorization, and then you cancel the purchase without completing it, the authorization may result in a temporary hold for that amount of funds for 7 days, or longer in some cases. Lastly, to use your Card at a gas station it is recommended that you pay inside. Paying inside will avoid having an additional portion of your Card balance (up to $100.00) held and unavailable for use for a period of time after the use of the Card at the pump.
14. No Recurring Transactions. You may not use your Card to authorize us to make recurring transactions.
15. Merchandise Returns and Refunds. PLEASE BE AWARE OF THE MERCHANT'S RETURN POLICIES PRIOR TO COMPLETING THE TRANSACTION. If you wish to return any merchandise purchased with the Card, you will be subject to the merchant's return policies.
The Servicer Bank, the card network and their affiliates, employees, and agents, are not responsible for the services or merchandise purchased with the card. The Bank is not responsible for the return or exchange of merchandise purchased with the Card. By use of this Card, you, the cardholder, agree that the Bank is not liable for any consequential damages, direct or indirect. Exchange or return of merchandise purchased in whole or in part with the Card is governed by the policies of each merchant and applicable law. If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card Account for such refunds. You are not entitled to a check refund unless your Card has been closed. Such funds may not be available for up to seven (7) business days.
16. Card Cancellation, Suspension, Limits. We reserve the right, in our sole discretion, to limit your use of the Card, including limiting or prohibiting specific types of transactions. We may refuse to issue a Card, revoke Card privileges or cancel your Card with or without cause or notice, other than as required by applicable law. If you would like to cancel the use of your Card, you may do so by calling the number on the back of your Card. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Card. Our cancellation of Card privileges will not otherwise affect your rights and obligations under this Agreement. If we cancel or suspend your Card privileges through no fault of yours, you will be entitled to a refund as provided below in the Section entitled "Amendment and Cancellation." Not all services described in this Agreement are available to all persons or at all locations. We reserve the right to limit, at our sole discretion, the provision of any such services to any person or in any location. Any offer of a service in this Agreement shall be deemed void where prohibited. We can waive or delay enforcement of any of its rights under this Agreement without losing them.
17. Amendment and Cancellation. We may change the terms of, or add new terms to, this Agreement at any time, or close or suspend your Card Account, with or without cause, and without giving you notice, except as otherwise required by applicable law. Further, if the change is made for security reasons, we can implement the change without prior notice. Any changes to this Agreement are maintained online after logging into your Card Account and replace any previous Agreement of this Card. In addition, we may suspend, cancel, add, modify or delete any feature offered in connection with your Card at our sole discretion at any time, with or without cause, and without giving you notice, subject to applicable law. If we cancel your Card, any available funds remaining on the Card upon such cancellation, after payment of all applicable charges and fees, will be returned to you by a Balance Refund Check unless we have reason to believe you have engaged in fraudulent or illegal activity. You may cancel this Agreement by telephoning or writing us and you may be charged a Balance Refund Check fee (see Schedule of Fees and Charges below). Upon cancellation, you will no longer be able to use the Card and it should be destroyed. A paper check for the balance remaining in your Card Account less any applicable Balance Refund Check Fee will be mailed to you. Your cancellation of the Agreement will not affect any of our rights or your obligations that arose prior to the cancellation.
18. Communications. If you provide us with your mobile phone number or contact us from your mobile number, you expressly agree that you are providing this phone number for us or any third party acting on our behalf to contact you at this number. You agree that we may use this phone number to contact you for any business purpose about your Card Account and you agree to be responsible for any fees or charges you incur as a result of providing this information. You may request this number not be used. We may offer options that allow you to receive or access text messages or other electronic communications from your mobile phone. By enrolling for these types of communications, you understand and agree to be responsible for any fees or charges you incur as a result of this enrollment. You agree that we may contact you from time to time regarding your Card Account in any manner we choose unless the law says we cannot. For example, we may contact you by mail, telephone, email, fax, recorded message, text message, by using an automated dialer device. We may contact you at home, at your place of employment, on your mobile telephone, at any time including weekends and holidays, at any frequency and leave prerecorded messages or messages with others. When we attempt to contact you, we may identify ourselves, our relationship and our purpose for contacting you even if others might hear or read it. Our contacts with you about your Card Account are not unsolicited. We may monitor or record any conversation or other communication with you.
19. No Foreign Transactions. You may not make a transaction in a currency other than in U.S. Dollars.
20. Your Duties as a Cardholder.
As a cardholder, you acknowledge and agree to the following:
You must have a sufficient balance on your Card to pay for each transaction and all applicable fees. If you attempt a transaction for more than the available balance on your Card, the transaction may be declined.
You agree that we may deduct the amount of your transactions and applicable fees, and any other amount you owe us in connection with any Card usage, directly from your Card.
You must pay us immediately on demand if, for any reason, your Card does not have a sufficient balance to cover the amount of a transaction and amounts owed to us.
You will take reasonable steps to protect the security and confidentiality of your PIN, Card, and any other security information used to access your Card Account, including user names and passwords (collectively "Access Information").
You will notify us right away if you believe your Card or Access Information has been lost or stolen or that someone has used or may use your Card or Access Information without your permission.
You are responsible for tracking your Card's available balance, including all transactions and account balances.
21. Our Liability for Failure to Complete Transactions. If we do not complete a transfer to or from your Card Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages proximately caused by us. However, there are some exceptions. We will not be liable, for instance:
If, through no fault of ours, you do not have enough money in your Card Account to make the transfer.
If the electronic terminal where you attempted to make the transaction was not working properly and you knew about the breakdown when you started the transfer.
If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the transfer, despite reasonable precautions that we have taken.
If a merchant refuses to accept your Card;
If access to your Card has been blocked after you reported your Card or PIN lost or stolen;
If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
If we have reason to believe the requested transaction is unauthorized;
There may be other exceptions stated in our agreement with you.
22. Limitations on Use. You may not use the Card for any illegal or restricted transaction. Your transaction may be denied if you (1) exceed the transaction limitations described in this Agreement, (2) do not have adequate funds available in your Card Account for the transaction, (3) do not enter the correct PIN, or (4) we otherwise have reason to believe the transaction is fraudulent or not in compliance with the terms of this Agreement. Except as otherwise stated in this Agreement, you do not have the right to stop payment on any purchase or withdrawal originated through your Card.
23. No Warranty Regarding Goods and Services. Except as expressly otherwise provided in this Agreement, we make no representations or warranties of any kind to you, whether express or implied, and, therefore, we are not responsible or liable to you for the quality, safety, legality, or any other aspect of any goods or services purchased from any merchant with your Card. If you have a dispute with a merchant, you agree to settle the dispute directly with the Merchant.
24. Account Information and Periodic Statements. You may obtain information about the amount of money you have remaining in your Card Account by calling us at (844) 600-ABLE or (844) 888-ABLE (TTY) for the Washington State ABLE Savings Plan. This information along with a 120-day history of account transactions is also available online by accessing the cardholder website at https://www.sumday.com/customer-support/washington-able. You also have the right to obtain a 120-day written history of account transactions by calling (844) 600-ABLE or (844) 888-ABLE (TTY) or by writing us at Washington State ABLE Savings Plan Cardholder Program, P.O. Box 9891, Providence, RI 02940-8091. There is a fee for obtaining a written history (see Schedule of Fees and Charges below for fee information).
25. Mastercard® Zero Liability. Your Mastercard® card is protected from fraud and unauthorized charges in ways that are not available with other forms of payment like cash. As a Mastercard® cardholder, you are protected under the Mastercard® Zero Liability policy for unauthorized transactions and they could be transactions made in stores, over the telephone, or on the internet if the following five conditions are met:
You have exercised vigilant care in safeguarding your card from risk of loss, theft, or unauthorized use; and
You immediately and without delay notify your card issuer upon discovery of the loss, theft, or unauthorized use; and
You have not reported two or more incidents of unauthorized use in the preceding 12 months; and
Your account is in good standing; and
You have complied with the terms and conditions of the cardholder agreement.
If you do not meet all five conditions stated above, then your liability shall be governed in accordance with the cardholder agreement.
The Zero Liability policy does not apply:
to cards issued to entities that are not natural persons; or
to cards issued primarily for business, commercial, or agricultural purposes; or
if a personal identification number (PIN) is used as the cardholder verification method for unauthorized transaction(s).
Unauthorized use means the use of your card by a person other than you, who does not have authority for such use and from which you receive no benefit.
To be protected you must have taken reasonable steps to notify the card issuer and to provide pertinent information about the loss, theft, or possible unauthorized use of the Mastercard card.
26. Your Liability for Unauthorized Transactions, Lost or Stolen Card. Except as otherwise stated herein, you are responsible for all transactions initiated through the use of your Card, including any PIN-based transactions, any transactions initiated by presenting the Card number only and any authorized transactions initiated by someone else. If you believe your Card or Access Information has been lost or stolen, call the number or write to the address listed in the "Contact Information" section below. You should also call the number or write to the address listed in the "Contact Information" section below if you believe a transfer has been made using the information from your Card or Access Information without your permission.
Tell us AT ONCE if you believe your Card or Access Information has been lost or stolen or if you believe that a transaction has been made without your permission. Your card can be marked lost or stolen online at https://www.sumday.com/customer-support/washington-able or by calling us at (844) 600-ABLE or (844) 888-ABLE (TTY) are the best ways to minimize your possible losses. You could lose all the money in your account. If you tell us within two (2) business days after you learn of the loss or theft of your Card or Access Information you can lose no more than $50 if someone used your Card or Access Information without your permission. If you DO NOT tell us within two (2) business days after you learn of the loss or theft of your Card or Access Information, and we can prove that we could have stopped someone from using your Card or Access Information without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers you did not make, including those made by Card, code or other means, tell us at once. If you do not tell us within 60 days from the earlier of the date you electronically access your Card Account, if the unauthorized transfer could be viewed in your electronic history, or the date we sent the FIRST written history on which the unauthorized transfer appeared, 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 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. You may have additional rights under the Mastercard® Zero Liability policy described above, and in some instances such rules provide that you will not be liable for unauthorized use of your Card.
27. Card Security. This Card may be used without a personal identification number (PIN) to make purchases. Therefore, if you lose your Card, someone will be able to use it. Protect your Card and PIN at all times.
28. No Warranty of Availability or Interrupted Use. From time to time, the Card service may be inoperative, and when this happens, you may be unable to use your Card or obtain information about your Card balance. Please notify us immediately if you have any problems using the Card. By use of the Card, you agree and accept that we are not responsible for any interruption of service.
29. Error Resolution. In case of errors or questions about your card account call us at (844) 600-ABLE or (844) 888-ABLE (TTY) or write us at Washington State ABLE Savings Plan Cardholder Program, P.O. Box 9891, Providence, RI 02940-8091 or visit us at https://www.sumday.com/customer-support/washington-able as soon as you can, if you think an error has occurred in your prepaid account. We must allow you to report an error until 60 days after the earlier of the date you electronically access your account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at (844) 600-ABLE or (844) 888-ABLE (TTY), or writing us at Washington State ABLE Savings Plan Cardholder Program, P.O. Box 9891, Providence, RI 02940-8091. You will need to tell us:
Your name and [account] number,
Why you believe there is an error, and the dollar amount involved, and
Approximately when the error took place.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
For errors involving new accounts, point-of-sale, 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 credit 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.
If you need more information about our error-resolution procedures, call us at (844) 600-ABLE or (844) 888-ABLE (TTY) or visit us at https://www.sumday.com/customer-support/washington-able.
30. Address or Name Changes. You are responsible for notifying us of changes in your mailing address, email address or telephone number within two weeks of the change. Any written communications with you will be only by use of the most recent mailing address, email address and telephone number that you provided and you agree that any notice or communication sent to the mailing address, email address or telephone number noted in the account records shall be effective unless a notice is received from you. Failure to promptly notify us of changes in your contact information may result in information being mailed or delivered to the wrong person or your transactions being declined. Any notice given by us shall be deemed given to you if mailed to you at the last U.S. mailing address furnished by you for the Card Account. You agree that we may accept changes of address from the U.S. Postal Service. You also agree that if you attempt to change your address to a non-U.S. address, your Card Account may be cancelled and funds returned to you in accordance with this Agreement.
31. Unclaimed Property. If there is no record of Card activity for an extended period of time, applicable state law may require the Bank to report the balance on the Card as unclaimed property. If this occurs, we may try to locate the owner of the Card at the address shown in our records. If we are unable to locate you, we may be required to deliver any value remaining on the Card to the state as unclaimed property.
32. Card Valid Thru Date. The Card is valid and usable until it is past the expiration date embossed on the Card. If there is a balance remaining after the expiration date, for a period of 24 months, or longer where required by law, you may call our customer service center at the number on the back of your card and request that the remaining balance be transferred to a new Card or refunded to you. There may be a fee to reissue a replacement card and a Refund Balance Check fee to close your Card Account and issue a paper check.
33. Refusal of Card. We are not responsible or liable to you if any merchant refuses to honor the Card or for any other problems you may have with any merchant. If a merchant fails to honor the Card, please call the customer service number to report the incident.
35. Governing Law/Jurisdiction. The interpretation and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Oklahoma, without regard to principles of conflict of laws. Any actions or proceedings with respect to this Agreement or any services provided under this Agreement shall be brought only before a federal or state court of competent jurisdiction in Oklahoma.
36. Void Where Prohibited. Not all services described in this Agreement are available to all persons or at all locations. We reserve the right to limit, at our sole discretion, the provision of any such services to any person or in any location. Any offer of a service in this Agreement shall be deemed void where prohibited.
37. Non-Assignability. You may not assign or transfer this Agreement or any of your rights or obligations under this Agreement. Any attempt to the contrary shall be null and void. This Agreement shall be binding on you, your executors, administrators, and any permitted assigns.
38. Entire Agreement. This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to its subject matter and supersede any prior or contemporaneous understandings or agreements with respect to their subject matter.
39. Severability. If any of the terms of this Agreement are invalid, changed by applicable law or declared invalid by order of court or regulatory authority, the remaining terms of this Agreement shall not be affected, and this Agreement shall be interpreted as if the invalid terms had not been included in this Agreement.
40. Waiver. We do not waive our rights by delaying or failing to execute them at any time. To the extent permitted by law and as permitted by the Arbitration section below, you agree to be liable to us for any loss, costs, or expenses that we may incur as a result of any dispute or legal proceeding involving your Card Account. If a court finds any provision of this Agreement invalid or unenforceable, such finding shall not make the rest of this Agreement invalid or unenforceable. To the fullest extent possible, any such provision shall be deemed to be modified so as to be rendered enforceable or valid; however, if such provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable.
41. Arbitration of Claims. NOTICE: THIS AGREEMENT REQUIRES ALL DISPUTES BE RESOLVED BY WAY OF BINDING ARBITRATION UNLESS YOU OPT-OUT AS DETAILED IN THE ARBITRATION SECTION BELOW.
READ THIS ARBITRATION PROVISION. UNLESS YOU ACT PROMPTLY TO REJECT THE ARBITRATION PROVISION BY OPTING OUT IN ACCORDANCE WITH PARAGRAPH b, CAPTIONED "OPT-OUT PROCESS," THE ARBITRATION PROVISION WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS, INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, IN THE EVENT OF A DISPUTE.
General: This Arbitration Provision describes when and how a Claim (as defined below) may be arbitrated. Arbitration is a method of resolving disputes in front of one or more neutral persons, instead of having a trial in court in front of a judge and/or jury. It can be a quicker and simpler way to resolve disputes. Arbitration proceedings are private and less formal than court trials. Each party to the dispute has an opportunity to present some evidence to the arbitrator. The arbitrator will issue a final and binding decision resolving the dispute(s), which may be enforced as a court judgment. A court rarely overturns an arbitrator's decision. As solely used in this Arbitration Provision, the terms "we," "us" and "our" mean not just Central National Bank & Trust Company but also our parent companies, subsidiaries, affiliates, successors, assigns and any of these entities' employees, officers, directors, and agents. In addition, “we” and “us” includes the Servicer, and any third party providing any product, service, or benefit in connection with the Cards, the Card Accounts, or this Agreement (as well as any related or prior agreement that you may have had with us) if such third party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section.
a.) Opt-Out Process. If you do not want this Arbitration Provision to apply, you may reject it by mailing us a written opt out notice which contains your Card Account number, your name and address and a signed statement that you opt out of the Arbitration Provision of this Agreement. The opt out notice must be sent to us by mail at the address shown in Contact Information. (You should retain a copy of your opt-out notice and evidence of mailing or delivery.) An opt out notice is only effective if it is signed by you and if we receive it within thirty (30) days after the date you received this Agreement. Indicating your desire to opt-out of this Arbitration Provision in any manner other than as provided above is insufficient notice. Your decision to opt out of this Arbitration Provision will not have any other effect on this Agreement and will not affect any other arbitration agreement between you and us, which will remain in full force and effect. If you don't reject this Arbitration Provision, it will be effective as of the date you received this Agreement.
b.) What Claims Are Covered: "Claim" means any claim, demand, dispute or controversy between you and us that in any way arises from or relates to your Card Account (whether past, present or future). For purposes of this Agreement, the term "Claim" shall have the broadest possible meaning. Despite the foregoing, "Claim" does not include any individual action brought by you in small claims court or your state's equivalent court, unless such action is transferred, removed, or appealed to a different court.
c.) Starting or Electing to Require Arbitration: Either you or we may start an arbitration of any Claim or require any Claim to be arbitrated. Arbitration is started by initiating an arbitration or required by giving written notice to the other party requiring arbitration. This notice may be given before or after a lawsuit has been started over the Claim and may address any Claims brought in the lawsuit, provided that a party may not pursue a Claim in a lawsuit and then seek to arbitrate that same Claim unless the other party has asserted another Claim in the lawsuit or an arbitration. The notice may be in the form of a motion or petition to compel arbitration. Arbitration of a Claim must comply with this Arbitration Provision and, to the extent not inconsistent or in conflict with this Arbitration Provision, the applicable rules of the arbitration Administrator.
d.) Choosing the Administrator: "Administrator" means the American Arbitration Association ("AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org; JAMS, 1920 Main St. at Gillette Ave., Suite 300, Irvine, CA 92614, www.jamsadr.com, or any other company selected by mutual agreement of the parties. If AAA and JAMS cannot or will not serve and the parties are unable to select an Administrator by mutual consent, the Administrator will be selected by a court. The party asserting the Claim (the "Claimant") may select the Administrator. Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any Administrator that has in place a formal or informal policy that purports to override the Class Action Waiver.
e.) Court and Jury Trials Prohibited; Other Limitations on Legal Rights: IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU AND WE WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO, YOUR AND OUR ABILITY TO OBTAIN INFORMATION FROM THE OTHER PARTY IS MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
f.) Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO ARBITRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS A PLAINTIFF, DEFENDANT OR CLASS MEMBER; (2) NEITHER YOU NOR WE MAY ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN AN ARBITRATION; (3) CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND (4) THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION, OR MULTIPLE-PARTY ARBITRATION.
g.) Location and Costs of Arbitration: Any arbitration hearing that you attend in person must take place at a location reasonably convenient to you, as determined by the arbitrator. Each Administrator charges fees to administer an arbitration proceeding and the arbitrator also charges fees. This includes fees not charged by a court. If either you or we require a Claim to be arbitrated, you may tell us in writing that you cannot afford to pay the fees charged by the Administrator and/or the arbitrator or that you believe those fees are too high. If your request is reasonable and in good faith, we will pay or reimburse you for all or part of the fees charged to you by the Administrator and/or arbitrator. Also, we will pay these fees if applicable law requires us to, if you prevail in the arbitration or if we must bear such fees in order for this Arbitration Provision to be enforced. We will not ask you to pay or reimburse us for any fees we pay the Administrator or arbitrator. We will bear the expense of our attorneys, experts and witnesses. You will bear the expense of your attorneys, experts and witnesses if we prevail in an arbitration. However, if you are the Claimant, we will pay your reasonable attorney, expert and witness fees and costs if you prevail or if we must bear such fees and costs in order for this Arbitration Provision to be enforced. Also, we will bear any fees and costs if applicable law requires us to do so.
h.) Governing Law: This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the "FAA"), and not by any state arbitration law. The arbitrator must apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law. The arbitrator is authorized to award all remedies permitted by the substantive law that would apply if the action were pending in court (including, without limitation, punitive damages, which shall be governed by the Constitutional standards employed by the courts). At the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award.
i.) Rules of Interpretation: This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and assigns. This Arbitration Provision also is binding upon and benefits us. This Arbitration Provision shall survive the repayment of all amounts owed under this Agreement, any legal proceeding and any bankruptcy, to the extent consistent with applicable bankruptcy law. This Arbitration Provision survives any termination, amendment, expiration or performance of any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing. In the event of a conflict or inconsistency between this Arbitration Provision, on the one hand, and the applicable arbitration rules or the other terms of this Agreement, on the other hand, this Arbitration Provision shall govern.
j.) Severability: If any portion of this Arbitration Provision is deemed invalid or unenforceable, such a finding shall not invalidate any remaining portion of this Arbitration Provision, this Agreement, or any other agreement entered into by you with us. However, notwithstanding any language in this Arbitration Provision or this Agreement to the contrary, the Class Action Waiver is not severable from the remainder of this Arbitration Provision and, in the event that the Class Action Waiver is held to be invalid and unenforceable, and subject to any right of appeal that may exist with respect to such determination, any class action or representative proceeding shall be determined in a court of law and will not be subject to this Arbitration Provision.
This card is issued by Central National Bank of Enid, Oklahoma, Member FDIC pursuant to a license by Mastercard® International. Mastercard® is a registered trademark of Mastercard International.
42. Contact Information.
Monday – Friday
(844) 600-ABLE, 9am–5pm PT or
(844) 888-ABLE (TTY), 6am–5pm PT
Use the 'Contact Us' feature from any of the below locations
Cardholder Website: https://www.sumday.com/customer-support/washington-able
Customer Service Mailing Address:
Washington State ABLE Savings Plan Cardholder Program
P.O. Box 9891
Providence, RI 02940-8091
Issuing Bank Mailing Address:
Central National Bank Prepaid Program
P.O. Box 3003
Enid, O.K. 73703
43. CONSENT TO USE ELECTRONIC SIGNATURES AND COMMUNICATIONS.
Your Consent. To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under this Agreement and in connection with the Card Account and your relationship with us (collectively, "Communications") that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to this Agreement electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below. Your consent to receive notices and communications in electronic form does not mean we will only communicate with you electronically. We reserve the right to use all lawful methods of communication and provide legal notices and other communications and documents in paper form from time to time when legally required to do so or when we in our sole discretion elect to do so. You are solely responsible for ensuring any mailing address we have on file for you is current. Your consent to receive electronic communications and transactions includes, but is not limited to: (1) all legal and regulatory disclosures and communications associated with the product or service available through the Website for your Account; (2) account statements and notices or disclosures about a change in the terms of your Account or responses to claims; (3) transaction receipts or confirmations; (4) suspension of account privileges communications; (5) account cancellation notices; (6)billing inquiry communications; (7) privacy policies and notices; and (8) other disclosures and communications regarding the services that we now or later are required to provide to you "in writing". [Please note that, although you may authorize others (including, without limitation, another adult or certain minors), you agree that we may send or provide all account communications related to your account, as relevant, with all other users of your Washington State ABLE Savings Plan Mastercard® account, Washington State ABLE Savings Plan Mastercard® Card. As used in this E-Communications Disclosure, the word "provide" means provide, send, post or deliver and all variants of such words.
Method of Providing Communications to You in Electronic Form. All communications that we provide to you in electronic form will be provided either (1) via e-mail, (2) by access to the web site that we will designate in an e-mail notice we send to you at the time the information is available, or (3) to the extent permissible by law, by access to a web site that we will generally designate in advance for such purpose.
Your Right to Withdraw Your Consent. Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at (844) 600-ABLE or (844) 888-ABLE (TTY) for the Washington State ABLE Savings Plan. If you withdraw your consent to receive Communications electronically, we reserve the right to close your Card Account and return your remaining Card Account balance as set forth in this Agreement (in which case you will no longer be able to use your Card or participate in the Program, except as expressly provided in this Agreement) or charge you a fee for paper copies of Communications. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that your withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.
You Must Keep Your Contact Information Current With Us. It is your responsibility to keep your primary email address up to date. In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address by updating your profile on the Website or by calling (844) 600-ABLE or (844) 888-ABLE (TTY) for the Washington State ABLE Savings Plan. You understand and agree that if we send you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you.
Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add us to your email address book so that you will be able to receive the Communications we send to you.
Copies of Communications. You agree to print, download, and save and/or electronically store a copy of all Communications that we send to you electronically and retain a copy of this E-communications Disclosure as Communications may not be accessible online at a later date. You also agree to print or download and retain a copy of any other document pertaining to the Washington State ABLE Savings Plan to which you electronically consent. You also agree to print or download and retain copies of all account communications from us. In addition, you may request a paper version of any electronic Communication by contacting us at (844) 600-ABLE or (844) 888-ABLE (TTY) for the Washington State ABLE Savings Plan.
Schedule of Fees and Charges
The fees that apply to your Card Account are as follows:
|Monthly Fee||$1.25||Monthly fee occurs thirty (30) calendar days after activation.|
|Mailed Paper Statement Fee||$25||Per each mailed paper statement that is requested. You may view your statement online at no cost.|
|Replacement Card (Standard Delivery)||$10||Per replacement card ordered.|
|Balance Refund Paper Check Fee||$25||Per paper check requested.|
Max Dollar Card Balance Per Day: N/A
Max Dollar Card Balance Per Month: $30,000
Max Dollar Load Limit Per Day: $15,000
Max Dollar Load Limit Per Month: $30,000
Spending Limit Per Transaction: $5,000
Spending Limit Per Month: N/A
Minimum Transfer Amount Per Transfer (From ABLE Account to Card Account): $10
Minimum ABLE Account Balance for Card Request or Replacement Card: $10