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The Prepaid Visa Rushcard:
The PrePaid Visa RushCard : The Convenience of a Credit Card Without the Debt

Rush Visa® Cardholder Agreement
 This Cardholder Agreement ("Agreement") governs the use of your prepaid Rush Visa® Card that has been issued and delivered to you. Please read it carefully and keep it for your records. Please sign your RushCard immediately. By signing the reverse side of your RushCard or using your RushCard, you agree to be bound by the terms and conditions of this Agreement.

1. Meaning of Some Words. In this Agreement: (1) "we," "us," "our," "ours" and "M&T" mean Manufacturers and Traders Trust Company; (2) "you," "your" and "Cardholder" means anyone to whom we have issued a RushCard in conjunction with the RushCard Program, (3) "Card", "Rush Visa Card" or "RushCard" means the prepaid Visa debit card issued to you by us that may be used by you (or by anyone authorized by you) to access the funds that from time to time constitute your Card Balance by the means described in this Agreement, (4) "Card Balance" means the amount of funds that we hold for your use from time to time and that you (or anyone authorized by you) may access with your RushCard, and, where required, your PIN, as provided in this Agreement, consisting of the funds loaded to your RushCard reduced by (a) the total amount of all purchases and cash withdrawals made with your RushCard, (b) all fees we may charge in connection with the issuance or use of, or your right to use your RushCard or the services we provided in connection with your participation in the RushCard Program, (c) such amount representing the unused prepaid value associated with your Card that we may be required by law to remit to a state authority as abandoned property or that we may be required by law to pay to a third party, (d) the amount of any payment that we make to you or your legal representative representing the unused prepaid value associated with your Card; (5) "RushCard Program" means the prepaid card program marketed to you by the Program Provider pursuant to which you have received the RushCard; (6) "Card Transaction" means any transaction using the Card, including but not limited to the purchase of goods and services at retail merchants, including via the internet and telephone, and the withdrawal cash at an automated teller or cash-dispensing machine ("ATM"); (7) "Designated Loading Point" is any participating establishment that will accept cash value loads to be credited to your card as specified on the RushCard website; (8) "Program Provider" or "UniRush" means UniRush LLC, a client of the Service Provider, that offers the RushCard Program to consumers pursuant to its agreement with the Service Provider; (9) .Program Rules. means the terms and conditions of the RushCard Program as amended from time to time by the Program Provider; (10) "Service Provider" means TSYS Prepaid, Inc., our Independent Service Organization, under the Visa rules and bylaws, for the RushCard Program; (11) "Visa" means Visa, U.S.A, Inc., and (12) "your PIN" means the secret personal identification number assigned to your Card.

2. RushCard Program. We will issue from time to time to participants in the RushCard Program, one or more RushCards whereby such participants may perform Card Transactions. In addition to the terms and conditions hereunder, your RushCard is also governed by the Program Rules. The Program Provider is not our or Visa's agent or partner. Neither us nor Visa shall have any liability or obligation for, and you hereby release us and Visa from, any and all claims arising in connection with any action or omission of the Program Provider, its affiliates, agents, or alliance partners under the RushCard Program and your use of the Card. Either us and/or the Service Provider may discontinue our participation in the RushCard Program at any time without notice to you.

3. Card Activation. Your RushCard will be activated when you load funds onto it in accordance with the Program Rules.

4. Your Card and Your PIN. Use of your RushCard shall constitute sufficient verification of your identity to us. Your PIN (Personal Identification Number) has been or will be assigned to your RushCard and told to you. You must not let anyone else have your RushCard or your PIN unless you authorize him or her to use your RushCard at electronic facilities covered by this Agreement and at merchants that honor prepaid Visa debit cards without the use of an electronic facility. You will be responsible for all Card Transactions initiated through electronic facilities or otherwise authorized by you or anyone you allow to have your RushCard. You must not write your PIN on your Card or keep it with your Card.

5. Nature of Your Card. Your RushCard is a prepaid Visa debit card that may be used to pay for a purchase of goods or services and to obtain cash from financial institutions that accept prepaid Visa debit cards. We have also provided you with a PIN that will allow you to use your RushCard at ATMs that display one of the logos located on the back of your RushCard, or at any point-of-sale (POS) terminal that accepts debit cards and displays one of the logos located on the back of your RushCard for the purchase of goods and services using your PIN. You may use your RushCard and your PIN to withdraw cash or view your Card Balance at ATMs by selecting the checking account option. Although your RushCard may be transferred by you to an authorized user, we shall have no obligation to respond to inquiries or claims about your Card Balance or transactions made with the use of your RushCard from anyone other than you. We further have no obligation to investigate whether you have authorized others to use your RushCard. Once the value of your RushCard is fully used, unless reloaded by the Program Provider or you in accordance with this Agreement and the Program Rules, it will no longer be usable for any further transactions. Your Card Balance represents a general liability of ours. The money paid for your Card is not a deposit and does not establish a separate individual account with us. You cannot link your Card to any deposit or credit account you may have with us or with any other financial institution. Since your Card's value has been prepaid, you should treat it the same as cash.

6. Adding Money to Your Card. The RushCard Program allows you to add money on to your RushCard. You may add money to your RushCard (i) at any Designated Loading Point, (ii) by sending a money order or certified check payable to UniRush or RushCard, (iii) through a direct deposit from your employer, if available, or (iv) through the use of an ACH transaction directly from your checking account. UniRush does not charge a fee to add value to your RushCard. Third party service providers may charge a fee. Unless otherwise expressly permitted by your RushCard Program, (i) the maximum amount of value you may add to your Card on any calendar day is $1,000.00, (ii) the maximum amount of value that may be added to your Card via direct deposit and other non-cash load options on any calendar day is $5,000.00, and (iii) the maximum amount of value that you may maintain in your Card Balance to be accessed by your Card is $9,999.00. These foregoing limits may be increased or decreased from time to time by us, in our sole discretion, upon notice to you. See Change of Terms.

7. Ownership of Card. Your Card is M&T's property and is issued by M&T pursuant to a license granted by Visa, U.S.A, Inc.

8. Limitations on Card Transactions. The following limitations apply to the use of your Card:
(a) Your Card is a prepaid Visa debit card. THERE IS NO CREDIT LINE, CREDIT CARD OR OVERDRAFT PROTECTION ASSOCIATED WITH YOUR CARD OR YOUR CARD BALANCE. YOUR CARD BALANCE IS NOT A DEPOSIT ACCOUNT AND THERE IS NO DEPOSIT ACCOUNT ASSOCIATED WITH YOUR CARD. FUNDS REPRESENTED BY YOUR CARD BALANCE THAT ARE ACCESSIBLE WITH YOUR CARD ARE NOT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION OR ANY OTHER STATE OR FEDERAL GOVERNMENT AGENCY AND ARE SUBJECT TO RISK OF LOSS.
(b) A combined daily spending limit of $2,000 applies to all purchase and ATM transactions. ATM withdrawals are limited to $1,000 during that 24-hour period.
(c) Buying gas with your Card. When purchasing gasoline, you should pay for your purchase at the gas station service counter and not at the automated fuel dispensers (i.e. gas pumps).
(d) Cash Back. Your Card may not be used without your PIN to get cash back in any transaction involving the purchase of goods or services.
(e) You may not use your card for any illegal transactions or Internet gambling activity.

9. Schedule of Fees. Unless otherwise indicated below, the following fees are charged by the Program Provider and collected by the Service Provider on its behalf. These fees will be deducted from your Card Balance as applicable to your RushCard Program when you perform certain Card Transactions or use certain services in connection with your RushCard Program and your use of the Card. You agree to pay each fee charged in connection with the issuance and use of your Card, and further agree that such fees may be charged to your Card Balance. Fees are nonrefundable. Fees will not apply in any state or jurisdiction in which such fee is restricted or prohibited. The applicable fees are as follows:

(a) Card Activation Fee. You will be charged a one time card activation / fulfillment fee, at the time of your initial money load of $19.95 that will be deducted from your RushCard balance.
(b) Add Money Fee. You will not be charged a fee for adding money to your RushCard in accordance with Section 6, however, you may be charged a fee by a third party service provider, such as a Designated Loading Point.
(c) Balance Inquiry Fee. You will not be charged a fee each time you check your Card Balance at www.rushcard.com, or call Customer Service in accordance with Section 10 to check your Card Balance.
(d) ATM Balance Inquiry Fee. Each time you request to see your Card Balance at an ATM you will be charged a fee of $0.50 if the ATM is located within the United States, and a fee of $1.00 if the ATM is located outside the United States.
(e) Monthly Inactivity Fee. You will be charged a monthly fee of $1.95 if you have activated your Card and have not performed any Card Transactions or loaded money onto your Card for a period of three (3) consecutive months. Each month, this fee will be deducted from your Card Balance until you next use your Card.
(f) Convenience Fee. Each time you perform a Card Transaction (other than at an ATM) you will be charged a $1.00 fee. You will be charged a maximum of ten (10) convenience fees ($10.00) per month. Any additional convenience fees charged above this amount will be refunded to your Card Balance the following calendar month.
(g) ATM Withdrawal Fee. Each time you use your Card to obtain cash from an ATM, you will be charged a fee of $1.95, if the ATM is located within the United States, and a fee of $3.50, if the ATM is outside the United states.
(h) ATM Surcharge Fee. An ATM operator may impose a surcharge for your use of the ATM. Any surcharge imposed will be deducted from your Card Balance, along with the amount of the withdrawal at the ATM.
(i) Payment to Third Parties via Bill Payment or Check. If you enroll in the Program Provider.s bill payment program your Card Balance will be charged a one time enrollment fee of $2.00. For each additional bill payment transaction you will be charged a fee of $1.00 per transaction.
(j) Replacement Card Fee. There is a fee of $9.95 for our issuance of a new card to replace a Card after it has been reported by you as lost or stolen. Any request for expedited processing of a replacement card shall by subject to additional fees as disclosed at the time of such request.
(k) Online Statement Fee. You will not be charged a fee each time you view your online statement at www.rushcard.com.
(l) Paper Statement Fee. You will be charged a $1.00 fee for each periodic statement you request and that is mailed to you by the Service Provider.
(m) International Card Transactions Fee. In addition to the Convenience Fee that may be charged in accordance with paragraph (f) above, you will be charged a $1.00 per transaction fee each time you use your Card to make a Card Transaction (other than an ATM transaction) outside the United States.
(n) Currency Conversion Fee. You may be charged a fee of up to 3.00% of the converted U.S. dollar amount of any transaction made in a currency other than U.S. dollars.

10. Inquiries About Your Card Balance; No Periodic Statement. If you want to know your Card Balance or seek information regarding your Card Transactions please log onto www.rushcard.com or contact Customer Service using the contact information in Section 11 below. No periodic statement showing your Card Transactions or the unused prepaid value represented by your Card Balance will be issued to you. However, if you request it when you call us, the Service Provider will send you a statement showing your Card Balance and Transactions made during the period covered by your request. If you elect to receive a paper or email statement, the Card will be charged a $1.00 statement fee for each statement requested and mailed to you. You agree that these are reasonable procedures for sending and receiving periodic statements.

11. Customer Service. You may contact Customer Service by phone at (866) 586-9669, by facsimile at (866) 931-7874, electronically at agent@rushcard.com or you may write to the Program Provider via mail at UniRush LLC, P.O. Box 42482, Cincinnati, OH 45242. Please contact Customer Service if you have any questions regarding your Card or RushCard Program. Please include your name, address, telephone number and the card program name in all written correspondence.

12. Overdrafts. We have no obligation to allow any Card Transaction involving the use of your Card that would result in an overdraft of your Card Balance. However, if a Card Transaction resulting in an overdraft in your Card Balance is inadvertently permitted, the Program Provider will hold you liable for such overdraft. You agree to repay in full, promptly upon our or the Program Provider's demand, the amount of the overdraft. If the Program Provider proceeds to collect any amount you owe on account of an overdraft of your Card Balance, you must reimburse us or the Program Provider for all expenses in connection with the collection (including legal fees and costs of legal proceedings). You agree to immediately forward these amounts by mailing a check or money order payable to "UniRush LLC" to Customer Service at the address in Section 11. Please include your name, address, telephone number and the program name in all written correspondence to Customer Service. We reserve the right to cancel your Card if you attempt to charge goods and services that exceed your Card Balance.

13. Business Days. Our business days are Monday through Friday, excluding federal holidays.

14. Cancellation. We, in our sole and absolute discretion, may limit your use of your Card or revoke your Card privileges, with or without cause or notice, other than as may be required by applicable law. You must surrender it to us upon our request. Prior to surrendering your Card, you must black out your signature on the reverse side of the Card. If your Card privileges are revoked or terminated prior to your Card's expiration date, provided we do not suspect any fraudulent use of your Card, your remaining Card Balance shall be paid to you by check mailed to you after deduction of all amounts owing to us, the Service Provider and the Program Provider in connection with the issuance and use of your Card. Upon cancellation of your Card privileges, and provided we have not asked you to surrender your Card, your Card must be cut in half and destroyed. You agree not to use or attempt to use an expired, revoked or otherwise invalid Card. If your Card is used in a manner other than as permitted by this Agreement, to the extent permited by law, we may, at our option and without waiving any of our rights, recognize the transaction(s) and charge your Card Balance accordingly. The cancellation of your Card privileges will not affect your other rights and obligations under this Agreement.

15. Expiration of Card; Refund of Unused Stored Value; Abandoned Property. Your RushCard shall expire and no longer be valid for use upon the expiration date shown on the face of the Card. Prior to the expiration date on the face of the card you will receive a replacement card for your continued use as long as you or the Service Provider have not cancelled your card. Upon expiration of your RushCard, and in accordance with the Program Rules, you may claim any unused amount of prepaid value represented by your Card Balance by writing to Customer Service and requesting a refund of your Card Balance. Please indicate your Card number in your written refund request. Upon receipt of your claim, the Service Provider will send a check to you in the amount of your Card Balance after deduction of a processing fee and any other fees chargeable to your Card Balance. The check will be sent to the address on record or to any other address you tell us in writing. No refund claim made by anyone other than you or your legal representative will be processed. To allow for the processing of all outstanding transactions performed with the use of your Card, the unused prepaid value represented by your Card Balance that is subject to refund may not be determined for up to forty-five (45) days following the expiration of your Card. If, at any time following the expiration of your Card, we are required to turn over to a state or other governmental authority as abandoned property any unused amount of prepaid value represented by your Card Balance, to the extent permitted by applicable law, we may charge your Card Balance for (i) an allocated share of expenses that we may incur in connection with the publication of any notice that the unused prepaid value represented by your Card Balance will be turned over to a state or other governmental authority as abandoned property, (ii) the postal cost of any notice that we are required to send to you by registered or certified mail, return receipt requested, or by another means of delivery, to inform you that the prepaid value represented by your Card Balance will be turned over to a state or other governmental authority as abandoned property, and (iii) such other amount as shall reimburse us for the handling and processing cost associated with the turnover of the stored value represented by your Card Balance to a state or other governmental authority as abandoned property. The charges referred to in (i) and (ii) of the previous sentence may be charged to your Card Balance even if you submit a claim to us for your Card Balance before we have to turn it over to a state or other governmental authority.

16. Change of Terms. We may modify or amend this Agreement, in whole or in part, at any time upon notice to you. Subject to the limitations of applicable law, we may at any time change or remove any of the terms and conditions of, or add new terms and conditions to, this Agreement. We may also, at any time, increase or decrease the amount of an existing fee or establish a new fee chargeable to your Card Balance in connection with our issuance or the use of, or your right to use, your RushCard. We will advise you of any change in the terms and conditions (including any change in the fees that are chargeable to your Card Balance) by posting the changes at www.rushcard.com or, at our option, by mailing notice of the changes to you at the address we have for you on our records or in any other manner required or permitted by applicable law. Any change in the terms and conditions of this Agreement, including any changes in fees chargeable to your Card Balance, will become effective as of the date indicated in the notice posted at www.rushcard.com or at our option mailed to you and will apply to all of your Card Transactions and activities on and after such date. Notwithstanding the foregoing, advance notice of any change in the terms and conditions of this Agreement may not be given if it is necessary to make such change immediately in order to maintain or restore the security of the Card or associated Card Balances or any related payment or processing system. If any such change becomes permanent and disclosure to you of the change would not jeopardize the security of the Card, associated Card Balances or any related payment or processing system, notice will be provided to you in the manner described above within thirty (30) days of our making the change. Your continued use of the Card after our posting such changes to this Agreement (or a revised and restated Agreement) at www.rushcard.com or at our option mailing the notice, will constitute your acceptance of and agreement to be bound by such changes to this Agreement. You agree that these procedures are acceptable to you to provide you with notice of changes to this Agreement and the posting of any amendments to this Agreement at such website will constitute an amendment to this Agreement and supercede the affected terms and conditions of this Agreement.

17. Notice of Loss. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500. Under Visa U.S.A. Operating Regulations, your liability for unauthorized Visa transactions on your Card account is $0 if you notify us promptly and you are not grossly negligent or fraudulent in the handling of your Card. The Zero Liability policy covers all Visa credit and debit card transactions processed over the Visa network.online or off. The only transactions not covered under the Zero Liability policy are commercial card, ATM, and non-Visa-branded PIN transactions.
Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you became aware of the transactions, and/or after the statement was made available to you, you may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down.
18. Liability for Unauthorized Transactions. You may have to bear the loss of money taken by any transaction or series of related transactions made using your card without your authorization. How much of the loss you will have to bear will depend on when (a) you notified customer service that your Card or your PIN has been lost or stolen, or (b) we are given a notice or become aware of circumstances indicting that a transaction involving your Card has been or may be made without your authorization. If we are given the notice or become aware of those circumstances with 2 of our business days after the date you learn of the loss, theft or possible unauthorized transaction, you have to bear (subject to limitations under federal law and the Visa Operating Rules) as much as $50 of the loss. If we are not given notice within those 2 business days and we can show that we could have stopped the unauthorized transaction had we been given the notice during those 2 business days, you will have to bear (subject to limitations under federal law and the Visa Operating Rules) as much as $500 of the loss. Also, if any statement shows any transactions completed without your authorization and you do not report the unauthorized transaction to us within 60 days after the date the statement is available, you will have to bear (subject to limitations under federal law and the Visa Operating Rules) as much as $50 of the loss occurring before the end of those 60 days and, if we can show that we could have stopped the taking of the money had the unauthorized transaction been reported to us during those 60 days, all of the loss occurring after the end of those 60 days.


Unless we determine that you were grossly negligent or fraudulent in the handling of your Card, you will not have to bear the loss of money taken in any transaction or series of related transactions made using your Card without your authorization if the transaction(s) are processed through the Visa network. We might determine that you were grossly negligent in the handling of your account or access device if you fail to promptly report unauthorized transactions.



19. Our Liability. With exceptions and to the extent provided by applicable law, we will be liable to you for any actual damages you may suffer as a result of our failure to complete, on time and in the correct amount, any started transaction described in Section 5 of this Agreement. Any Card Transaction started at an electronic facility is properly started when all information required from the person starting it to complete it is properly communicated by that person to the electronic facility. Examples of exceptions, when we will not be liable, are as follows:
(a) if through no fault of ours, your Card Balance is insufficient to complete your Card Transaction;
(b) your attempted Card Transaction is rejected because your Card privileges have been suspended or revoked or your Card has expired;
(c) an occurrence beyond our control (including acts of God (such as earthquakes and floods), acts of terrorism and telecommunications failures) prevents us from properly completing your Card transaction despite our exercise of reasonable care to prevent the occurrence and our exercise of diligence to complete the Card Transaction despite the occurrence;
(d) we are prevented from properly completing your Card Transaction by a technical malfunction of the electronic facility where the transaction is initiated or by any limitation on the use of your Card imposed by any merchant or financial institution that accepts the Card;
(e) we, in good faith, believe that the Card Transaction is being started by someone other than you or someone who is authorized by you to use the Card (for example, because your Card has been reported as lost or stolen);
(f) the money represented by your Card Balance is subject to a court order or other legal process restricting its use;
(g) our failure to complete the Card Transaction is properly justified by any provision of this Agreement or any provision of any other agreement between you and us concerning your Card that may from time to time be in effect.

In no event will we be liable for any special, indirect, exemplary, or consequential damages, including, but not limited to, lost profits, even if we have been advised of the possibility of such damages.

20. Issuance of Replacement Cards. We provide you with one RushCard for your use. You may request a replacement for your Card if it is lost or stolen, but we reserve the right in our sole discretion, to determine whether to issue a replacement for your Card. If we issue you a replacement Card, you will be charged a fee as set forth in the Schedule of Fees above, such fee shall be deducted from your Card Balance. To order a replacement Card, please contact Customer Service. If we decide not to issue a replacement for your Card after it has been reported as lost or stolen, we will issue a check for the unused prepaid value represented by your Card Balance and send it to you by mail within thirty (30) days following the date on which the loss or theft of your Card was reported to us.

21. Purchases of Goods or Services. Upon any purchase of goods or services made using your RushCard, your Card Balance shall be reduced by the amount of such purchase. The use of your RushCard to purchase goods and/or services constitutes a simultaneous withdrawal from and/or demand upon the funds available for access with your Card, even though the purchase transaction may not actually be posted to your Card Balance until a later date. We have the right to hold more funds than is authorized by a merchant until the transaction is processed. You do not have the right to stop payment on any purchase transaction made with the use of your Card. We are not responsible for any injury to you or to anyone else caused by any goods or services purchased with your Card or your participation in the Program. You are responsible for resolving with the merchant that accepted your Card all disputes concerning the quality of goods or services purchased from such merchant by use of your Card.

22. Disclosure. In the regular course of our business, we will disclose information about your Card Balance or any transaction involving the use of your Card in accordance with our Consumer Information Policy, a copy of which has been provided to you.

23. Dispute Resolution.
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION VERY CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE ONE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.
(a) Conditions Precedent to Arbitration. Before you take a dispute or controversy to arbitration, you must first contact us about the dispute or controversy and give us an opportunity to resolve it Similarly, before we take a dispute or conroversy to arbitration, we must first attempt to resolve it with you. If the dispute or controversy cannot be resolved within 60 days from the date you or we are notified about it, the matter that is in dispute or subject to controversy may proceed to arbitration in accordance with the provisions of this Agreement.
(b) Agreement to Binding Arbitration. Each dispute or controversy that arises out of or is related to (a) your Card, or (b) your Card Balance, or (c) any service relating to your Card or your Card Balance, or (d) any matter relating to your or our rights and obligations provided for in this Agreement or any other agreement or instrument relating to your Card or your Card Balance, whether based on statute, contract, tort, fraud, misrepresentation or any other legal or equitable theory, including interest and attorney's fees, where applicable (any "Claim"), must be determined on an individual basis by binding arbitration in accordance with the Federal Arbitration Act ("FAA" Title 9 of the United States Code) under the auspices of the American Arbitration Association ("AAA"). Judgment on an arbitration award may be entered in any court having jurisdiction. Any issue regarding whether a particular dispute or controversy is a Claim that is subject to arbitration will be decided by the arbitrator. If any part of the relief request is not expressly stated as a dollar amount, the dispute or controversy will not be a Claim that is subject to arbitration.
(c) Applicable Arbitration Rules. if the amount in controversy is less than $10,000, the Consumer Arbitration Rules of the AAA will apply. Otherwise, the Commercial Arbitration Rules of the AAA will be applicable. (The Consumer and Commercial Arbitration Rules are sometimes hereinafter collectively referred to as the "Arbitration Rules.") Information about the arbitration process, the Consumer or Commercial Arbitration Rules, the AAA's fees and the nearest AAA Case Management Center is available from the AAA online at www.adr.org. Information about AAA procedures, rules, fees, and nearest offices will also be made available to you by contacting the corporate headquarters of the AAA at 1 800 778 7879.
(d) Representation. You may, but you do not have to, hire an attorney to represent you in any arbitration.
(e) Number of Arbitrators and Qualifications. Only ONE arbitrator will be selected. Each arbitrator shall be a licensed attorney who has engaged in the private practice of law continuously during the ten (10) years immediately preceding the arbitration or a retired judge of a court of general or appellate jurisdiction.
(f) Language. The language of the arbitration shall be in English. Any party desiring or requiring a different language shall bear the expense of an interpreter.
(g) Rules Governing Arbitration. The parties acknowledge that this Agree¬ment evidences a transaction involving interstate commerce. The FAA shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in this Agreement. All statutes of limitation, defenses, and attorney client and other privileges that would apply in a court proceeding will apply in the arbitration. In conducting the arbitration and making the award, the arbitrator shall be bound by and shall strictly enforce the terms of this Agreement and may not limit, expand or otherwise modify its terms
(h) Tolling of Statute of Limitations. The filing of a demand for arbitration in accordance with the Arbitration Rules will suspend any requirement to file a notice of claim or to commence an action until the conclusion of the arbitration process.
(i) Remedies Available. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. Subject to the foregoing limitation, the arbitration award shall provide only such relief as a court of competent jurisdiction could properly award under applicable law, and, in each case, shall award to the prevailing party all of its costs and fees. "Costs and fees" means all reasonable pre and post award expenses of arbitration, including attorney's fees, arbitrator's fees, administrative fees, travel expenses, out of pocket expenses (for example, copying and telephone), court costs and witness fees. However, the arbitrator may not award damages that are not expressly authorized or are expressly prohibited by this Agreement. The award shall be in writing, shall be signed by the arbitrator and shall include a statement regarding the reasons for the disposition of each and every Claim raised during the arbitration.
(j) No Consolidation of Actions or Class Actions. There will be no class Claim (i.e., Claims by or on behalf of other persons will not be considered in or consolidated with the arbitration proceedings between you and us).
(k) Other Actions Available; No Waiver of Right to Arbitrate. This Agreement does not limit your or our right, whether before, during or after the pendency of any arbitration proceeding, to exercise self help remedies such as the right of set off or to obtain provisional or ancillary remedies or injunctive or other traditionally equitable relief (other than a stay of arbitration) necessary to protect the rights or property of the party seeking relief pending the arbitrator's determination of the merits of the Claim. The taking of any of the actions described in the preceding sentence by either party or the filing of a court action by a party shall not be deemed to be a waiver of the right to demand arbitration of any Claim asserted as a counterclaim or the like in response to any such action.
(I) Survivability. The foregoing "Dispute Resolution" provisions, in which you and we have agreed to arbitrate disputes, will survive the termination of your relationship with us, whether evidenced by this Agreement or otherwise.

You acknowledge that you have read carefully this provision in which you and we have agreed to arbitrate disputes. You understand that this provision limits or waives certain of your rights with respect to claims that you are agreeing to arbitrate pursuant to this provision. You understand that you are waiving your right to bring a court action and to have a jury trial. You understand that there will be no class claims in arbitration. You further understand that discovery the ability to obtain information from the other party may be more limited in arbitration than in a court proceeding, and the right and grounds of appeal from an arbitrator's award are more limited than in an appeal from a court judgment. In addition, you understand that certain other rights you have in a court proceeding also may not be available in arbitration.

24. Foreign Transactions. If you use your Card to make a Card Transaction in a foreign currency, Visa will convert the Card Transaction amount into U.S. dollars. Visa will use the procedures set forth in its operating regulations in effect at the time the Card Transaction is processed. Currently, those regulations provide that the currency conversion rate to be used is either a wholesale market rate selected by Visa or a government-mandated rate in effect one (1) day prior to the processing date, increased by an adjustment factor established from time to time by Visa. In any case, the currency conversion rate in effect on the processing date may differ from the rate in effect on the Card transaction date or the posting date. The currency conversion rate used may be the same as, greater than or less than the amount that would be calculated by conversion through a financial institution in the country in which the Card transaction occurred. We do not determine the currency conversion rate or adjustment factor that is used by Visa and we do not receive any portion of the currency conversion rate or adjustment factor imposed by Visa.

25. Independent Contractors. Nothing in this Agreement shall be construed as constituting any partnership, joint venture or agency between or among M&T, the Service Provider and the Program Provider or any alliance partner or data processing service provider used by such parties.

26. Giving Up of Rights. None of our rights with respect to you, your Card or your Card Balance can be given up by us except in a writing signed by us.

27. No Transfer of Rights and Obligations. You cannot transfer any of your rights or obligations under this Agreement to anyone else. Any transfer of any of your rights or obligations will be void.

28. Evidence. In any legal proceeding (including any arbitration proceeding con¬templated by this Agreement) involving this Agreement, your Card, or your Card Balance, any copy of this Agreement kept by us in the regular course of business may be admitted into evidence as an original of this Agreement.

29. Conflicts. If any part of this Agreement conflicts with applicable law, the law will control, and this Agreement will be considered changed to the extent necessary to comply with it.

30. Continued Effectiveness. If any part of this Agreement is determined by a court to be invalid, the rest will remain in effect.

31. Governing Law. Any legal question concerning this Agreement, your Card or your Card Balance shall, unless governed by federal law, be decided in accordance with New York State law.

32. Entire Agreement. You must notify Customer Service immediately by logging onto www.rushcard.com or contacting Customer Service in writing when you change your address. You agree that any communication sent to you at your last address on record with us to have been received by you. This Agreement constitutes the entire agreement between you and us regarding your use of the Card. We may delay or waive any of our rights at any time without waiving any of our rights at any future time. The headings in this Agreement are intended only to help organize this Agreement and are not intended to limit or define any party's rights or obligations hereunder. Any statement concerning your Card made by any of our employees or anyone else is not part of this Agreement. This Agreement replaces any other agreement now existing between you and us concerning your Card.

33. In Case of Errors or Questions About Your Card Transactions.
Call or write to Customer Service as soon as you can, if you think your Card Balance is incorrect or if you need more information about a transaction. Refer to Section 11 for Customer Service contact information,
Whether calling or writing you must:
(a) tell Customer Service your name and Card number;
(b) describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information;
(c) tell Customer Service the dollar amount of the suspected error.
If you provide this information to Customer Service orally, you may be required to send Customer Service your complaint or question in writing within 10 business days. Please note that any notice transmitted to any address other than the Customer Service address above, including but not limited to any e mail address or website, will not constitute valid notice. We will tell you the results of our investigation 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 (90 days if your complaint or question relates to a point of sale transaction or an electronic fund transfer transaction that was started outside any state, territory or possession of the United States, the District of Columbia or Puerto Rico). If we decide to do this, we will re-credit your Card Balance 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 it takes us to complete our investigation. If we ask you to put your complaint or question in writ¬ing and we do not receive it within 10 business days, we may not re-credit your Card Balance. If your claim involves an electronic fund transfer associated with your Card that took place within 30 days after its purchase, each 10 business day period referred to in this paragraph will be 20 business days and the 45 day period referred to in this paragraph will be 90 days. We will tell you the results within 3 business days after we finish our investigation. If we decide that there was no error, we will reverse the credit (if any) and send you a written explanation. You may ask for copies of the documents that we used in our investigation.