TERMS AND CONDITIONS

XL VISA CARD CARDHOLDER AGREEMENT: This is a stored value card agreement. This agreement is effective as of June 1, 2006 and replaces any previous cardholder agreement for this Card.Please read this Agreement carefully and retain it for your records.

This stored value card cardholder agreement together with disclosures made in compliance with the Electronic Fund Transfer Act (“EFTA Disclosures”) and the privacy policy statement (collectively, this “Agreement”) is the contract between you, SCN and the Bank for your VISA payment device (“Card”).

THE CARD IS A PRE-PAID STORED VALUE CARD THAT CAN BE USED AT MOST ATMs OR MERCHANT LOCATIONS BEARING THE VISA, INTERLINK®, PLUS®, PULSE®, or STARsm LOGOS, SUBJECT TO THE TERMS OF THIS AGREEMENT. INTEREST, DIVIDENDS OR OTHER EARNINGS OR RETURNS WILL NOT BE PAID TO YOU FOR ANY VALUE LOADED ON THE CARD. THERE IS NO CREDIT CARD, CREDIT LINE, OVERDRAFT PROTECTION, OR DEPOSIT ACCOUNT ASSOCIATED WITH THE CARD. THE VALUE ASSOCIATED WITH THE CARD IS NOT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC). VALUE IS NOT STORED ON THE CARD ITSELF; INSTEAD, IT IS STORED ON THE BANK’S COMPUTER SYSTEM.
 
By activating the Card or by retaining, using or authorizing the use of the Card, (i) you represent and warrant that you are at least eighteen (18) years of age (nineteen (19) years of age if you are a resident of a state where the age of majority is nineteen (19)), (ii) you represent and warrant that all of the personally identifiable information provided by you is true, correct and complete, (iii) you acknowledge receipt of the SCN’s EFTA Disclosures and privacy policy statement, (iv) you accept the Card, and (v) you agree that you have read and understood this Agreement and that you will be bound by and will comply with all of its terms and conditions. If you do not agree with all of these statements, you cannot activate and/or use the Card. You may contact Customer Service to arrange for a refund. If you are under age, your parent or guardian may enter into this Agreement, and you can become a Registered User of the Card.
 
In this Agreement, the words “you” and “your” each mean the Cardholder. “Bank” means First Federal Bank of Roswell, New Mexico, a federally chartered bank located in Roswell, New Mexico, which will issue the Card. “Cardholder” means an individual who: (i) is a U.S citizen or legal alien residing in one of the fifty (50) states of the U.S. or the District of Columbia with a verifiable U.S. mailing address; (ii) is at least eighteen (18) years of age (nineteen (19) years of age or older if a resident of a state where the age of majority is nineteen (19)); and (iii) has activated and/or used the Card. “Card” shall mean the Visa®, Interlink, Plus, Star, Pulse branded (as applicable) plastic electronically encoded stored value. “Registered User” means a person the Cardholder registers and authorizes to use the Card in accordance with procedures provided by SCN. “Visa” means Visa U.S.A., and its successors and assigns. “We,” “us,” and “our” each means Bank, or anyone we assign our rights to. “SCN” means Secure Cash Network, Inc., a Texas corporation, which is the third party that administers the Card and to whom you submitted Activation Information to obtain the Card, that provides certain support and marketing services for the Card, and that will receive all fees (See “Schedule of Fees and Charges”) paid under this Agreement.
 
Activation of Card. To activate your Card, call Customer Service and provide the requested Activation Information. We reserve the right to reject or accept the Activation Information you submit at our sole discretion. Your use of the Card will be subject to the terms and conditions of this Agreement and any subsequent amendment(s) to this Agreement.
 
Issuance of the Card. After activating your Card, a Card will be assigned to you in accordance with the terms and conditions of this Agreement. When calling Customer Service, Cardholders will submit certain personally identifiable information. We are committed to respecting your wishes regarding privacy of your personally identifiable information. Please see our privacy policy in this Agreement for further information.
 
Availability of Card Value. Value will be “loaded” or credited to the Card after the Card has been activated and the authenticity of the Card and/or “load” instruction has been verified. Value loads may be delayed until we have actually received transferred value. During such delay, the value will not be available to the Cardholder. We reserve the right to accept or reject any request to load value to the Card, at our sole discretion.
 
Reloading Value to the Card. Additional value may be “reloaded” or added to the Card subject to the limitations provided herein. Reloading of additional value to the Card may be delayed until we have actually received transferred value. During such delay, the amount transferred will not be available to the Cardholder. We reserve the right to accept or reject any request to add additional value to the Card, at our sole discretion. A reload fee may apply for adding additional value to the Card.

Using the Card. After the Card is issued, you may use it to purchase goods and services anywhere VISA, Interlink, Plus, Star, Pulse, as applicable, are accepted and to access cash at ATMs or financial institutions displaying the name and/or logo of Plus, Star, Pulse, as applicable, subject to the terms of this Agreement. Each time you use the Card to purchase goods or services, you authorize Bank to debit the Card. The Card is non-transferable and may be used only by the Cardholder or a Registered User. Furthermore, you agree that you shall:
(a) not use the Card to purchase illegal goods or services;
(b) promptly notify us of any loss or theft of the Card; and
(c) use the Card only as instructed.
If the Card is used other than as permitted by this Agreement, to the extent permitted by law, Bank may, at its option and without waiving any of its rights, recognize the transactions and debit or credit the Card accordingly.
 
Limitations on Value. The maximum amount of value that may be “reloaded” or added to the Card on any calendar day is limited to $1,000. The maximum amount of value that can reside on the Card at any time shall be $1,500. SCN, in its sole discretion, may increase or decrease these limits from time to time upon notice to you.
 
Personal Identification Number (“PIN”). The PIN that accompanies your Card is a security feature that functions as your signature, identifying you as the proper user of the Card, and authorizing any transactions that you make with the Card. Your PIN allows you to access your funds. Keep your PIN in a safe place, separate from the Card. Do not write the PIN on your Card, or otherwise make it available to anyone else. Regardless of your actions, you assume full responsibility for any and all transactions made by unauthorized users. If you voluntarily give your Card to another and/or allow others access to your PIN you will be fully responsible for their use of the Card and any funds and/or purchases made with the Card. Your PIN is our only method of identifying your account. Keep it separate and keep it safe.

Your Card Password gives you access to customer service, online account activity and access to all telephone account services.

Liability for Overdrafts. You must have sufficient value available on the Card to pay for each transaction. You may not make purchases that in the aggregate exceed $500 per calendar day. If a merchant attempts to process a transaction for more than the value available on the Card, the transaction will be declined. Nonetheless, if, for any reason, a transaction is processed for more than the value on the Card, you are liable for that entire amount and agree to pay any overdraft immediately on demand. We reserve the right to automatically debit such overdrafts from any available funds present now or in the future on this Card or any other Card(s) you have on file at SCN.
 
Disputed Transactions. SCN or Bank is not responsible for the delivery, quality, safety, legality or any other aspect of goods and services purchased by you with the Card. All such disputes should be addressed to the merchants from whom the relevant goods and services were purchased.
 
Refunds. Any refund for goods or services purchased with the Card may only be made in the form of a credit to the Card. You are not entitled to receive the refund in cash.
 
Cancellation; Suspension of Use. SCN or Bank, in its sole and absolute discretion, may limit your use of the Card. SCN or Bank may refuse to issue a Card or may revoke the Card privileges with or without cause or notice, other than any required by applicable law. The Card at all times remains the property of the Bank and may be repossessed by Bank at any time. If you would like to cancel use of the Card, call SCN at 1-800-510-1314. We may also suspend use of the Card at any time and for any reason. If we decide to cancel or suspend use of the Card, we will attempt to notify you by U.S. mail or electronic mail. Upon cancellation of the Card privileges, use of the Card must be immediately discontinued. You agree not to use or attempt to use an expired, revoked or otherwise invalid Card. SCN’s or Bank’s cancellation of Card privileges will not affect your rights and obligations pursuant to this Agreement. If we cancel or suspend your Card privileges through no fault of yours, you will be entitled to a refund of any remaining balance as provided in this Agreement.
 
Card Expiration. You may use the Card only through the expiration date. Without limiting the generality of the foregoing, if you attempt to use the Card after the expiration date, transactions will not be processed.
 
Settlement Upon Expiration or Cancellation. If there is a balance remaining on the Card upon expiration, the balance will be transferred to a new Card if we choose to issue one to you. If we choose not to issue a new Card to you or if we cancel your Card privileges for any reason we will attempt to refund to you the balance remaining on the Card less all amounts owed in connection therewith (including all fees and charges described in this Agreement and the amount of any overdraft) upon expiration. A check made payable to you will be mailed to your most recent postal address as indicated in our books and records.
 
Credit Inquiries. You authorize the Bank and SCN to make or have made any credit, employment and investigative inquiries as Bank and/or SCN deem appropriate in connection with the activation, issuance, loading, reloading or review of the Card, whether for fraud, misuse or otherwise.
 
Change of Terms. 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 or conditions to, this Agreement. We will send notice of any such change to you by U.S. mail to your current address listed on the SCN’s books and records. As of the effective date included in any notice, the changed or new terms will apply to the Card, including, without limitation, all future transactions made using the Card. Notwithstanding the foregoing, advance notice of any change may not be given if it is necessary to make any such change immediately in order to maintain or restore the security of the Card or any related payment system. If any such change becomes permanent and disclosure to you of the change would not jeopardize the security of the Card or any related payment system, notice will be provided to you within thirty (30) days of making the change.
 
Fees and Charges. We will charge you the fees and charges set forth on the Schedule of Fees and Charges attached hereto and incorporated herein by reference. All fees and charges will be deducted automatically from the Card balance at the time the fee or charge is incurred.
 
Unclaimed Property. If we have no record of transactions on the Card for several years, applicable law requires us to report the balance on the Card as unclaimed property. If this occurs, we will try to locate you 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 of Texas as unclaimed property. We may deduct a Dormancy Fee, as permitted by law and described in the “Schedule of Fees and Charges.”
 
Card Information. The current available balance on the Card and descriptions of debits and credits thereto will be available to you as soon as practicable after the settlement of each transaction. To obtain such information, call SCN Customer Service at 1-800-510-1314 or visit http://www.xlcard.com as applicable. A charge may apply for balance inquires requested by telephone. Please see the “Schedule of Fees and Charges set forth in this Agreement for details regarding this charge and other fees and charges associated with the Card.
 
Periodic Statements. Electronic periodic statements of Card transactions will be made available monthly at the http://www.xlcard.com website, as applicable, unless there are no transactions in a particular month. You agree that these are reasonable procedures for sending and receiving periodic statements.
 
Examination of Periodic Statements. You agree to inspect your periodic statements and to notify SCN of any erroneous, improper or unauthorized transactions on the Card. If your periodic statement indicates transactions that you did not make, notify SCN immediately by calling the telephone number or writing to the address shown in the “Contact Information” section of this Agreement. See the section entitled “Your Liability for Unauthorized Transfers” for additional information concerning your liability for unauthorized transfers.
 
Contact Information. If you have questions regarding the Card, you may call SCN at 1-800-510-1314 or write to Secure Cash Network Customer Service; P.O. Box 8249, The Woodlands, TX 77387.
 
Legal Costs. If SCN or the Bank takes legal proceedings against you because of a default in the terms of this Agreement, you must pay reasonable attorneys’ fees and other costs of the proceedings. Your responsibility for fees and costs shall in no event exceed the maximum amount allowed by law.
 
Waiver. To the extent permitted by law, you waive and release Bank and SCN from all defenses, rights and claims you have or may have against Bank and SCN arising from or relating to any use of the Card.
 
Delay of Rights. SCN or the Bank can waive or delay enforcement of any of its rights under this Agreement without losing them.
 
Foreign Exchange/Currency Conversion. If you use the Card for transactions in a currency other than U.S. Dollars, the transactions will be converted by Visa, as applicable, to U.S. Dollars, generally using either a (i) government-mandated rate or (ii) wholesale market rate in effect the day before the transaction is processed (the “processing date”), increased by one percent (1%). If a credit is subsequently given for a transaction, it will be decreased by one percent (1%). If the credit has a different processing date, then the exchange rate of the credit can be greater/less than that of the original transaction. The currency conversion rate on the day before the processing date may differ from the rate in effect at the time of the transaction or on the date the transaction is posted to the Card. You agree to accept the converted amount in U.S. Dollars.
 
Change of Address. If your U.S. mail or postal address changes, you must notify SCN Customer Service immediately. Failure to do so may result in information regarding the Card being mailed to the wrong person or your transactions being declined at the point-of-sale. In such event, we shall not be responsible for any resulting misuse of value on the Card. Any notice given by SNC or the Bank shall be deemed given to you if mailed to you at the last U.S. mail address for the Card furnished by you to SCN. You agree SCN or the Bank may accept changes of address from the U.S. Postal Service.

Information to Third Parties. We will disclose personally identifiable information to third parties (including, but not limited to, SCN) about the Card or the transactions you make:
(a) where it is necessary for completing transactions;
(b) in order to verify the existence and condition of the Card for a third party;
(c) in order to comply with government agency or court orders;
(d) if you give us your written permission;
(e) to service providers who administer the Card or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services;
(f) in order to prevent or investigate possible illegal activity; or
(g) in order to issue authorizations for transactions on the Card.
 
Governing Law. All matters, whether sounding in contract, tort or otherwise, relating to the validity, construction, interpretation or enforcement of this Agreement shall be determined by the laws of the United States and, to the extent not inconsistent therewith, the laws of the State of Texas.

Liability for Authorized Users. If you authorize another person to use the Card you agree, to the extent permitted by law, that you will be liable for all transactions arising from use of the Card by such person.

Lost or Stolen Cards. To the extent permitted by applicable law, we are not responsible for lost or stolen Cards or any unauthorized transactions made with the Card. You agree to give the notice described in the section entitled “Notice in Event of Unauthorized Transfer” if the Card is lost or stolen, and you should do so immediately to minimize your possible losses. See the section entitled “Your Liability for Unauthorized Transfers” in this Agreement for additional information concerning your liability for unauthorized transfers. You also agree, to the extent permitted by law, to cooperate completely with Bank and SCN in either of their attempts to recover from unauthorized users and to assist in their prosecution.
 
Liability for Failure to Make Transfers. If we do not complete a transaction to or from the Card on time or in the correct amount according to our Agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
(a) if through no fault of ours, you do not have enough value on the Card to complete the transaction;
(b) if either your computer system or SCN’s or the Bank’s computer systems were not working properly and you knew about the problem when you started the transaction;
(c) if a merchant refuses to honor the Card;
(d) if circumstances beyond our control (such as fire, flood, terrorist attack or national emergency) prevent the transaction, despite reasonable precautions that we have taken;
(e) if you attempt to use a Card that has not been properly activated;
(f) if a Merchant where the Card was either purchased or loaded did not properly transmit information to SCN; or
(g) there are other exceptions stated in our Agreement with you.
 
In Case of Errors or Questions About Card Transactions. If you think your periodic statement is wrong or if you need more information about a transaction listed on the periodic statement, please contact SCN as soon as you can by calling 1-800-510-1314; or writing to Secure Cash Network Customer Service; P.O. Box 8249, The Woodlands, TX 77387. We must hear from you no later than sixty (60) days after we made available the FIRST periodic statement on which the problem or error appeared. When notifying us, you must:
(a) tell us the name, address, and Card number of the Cardholder;
(b) describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
(c) tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will re-credit the Card within ten (10) business days for the amount you think is in error so that you will have the use of the value during the time it takes us to complete the investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not re-credit the Card. We will tell you the results within three (3) business days after completing our investigation and we will correct any error promptly. 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.
 
Right to Receive Documentation. You have the right to request copies of documents SCN uses in its investigation when you notify SCN of an error or question about your periodic statement as described herein.
 
Your Liability for Unauthorized Transfers. Tell us AT ONCE if you believe the Card has been lost or stolen. Contacting us by telephone at 1-800-510-1314 is the best way of keeping your losses down. You could lose all the value on the Card. Also, if your periodic statement shows transactions that you did not make, tell us at once. If you do not tell us within sixty (60) days after the periodic statement was made available to you, you may not get back any Card value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the Card value 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 may extend the time periods at our discretion.
 
Notice in Event of Unauthorized Transfer. If you believe the Card has been lost or stolen or that someone has transferred or may transfer value from the Card without authorization, call SCN Customer Service at 1-800-510-1314.
 
Consent to Jurisdiction. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Texas in all controversies arising out of or in connection with your use of the Card and this Agreement.
 
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.
 
Non-Assignability. You may not assign or transfer this Agreement or any of your respective rights, obligations, duties, responsibilities or liabilities under this Agreement, and any attempt to the contrary shall be null and void. This Agreement shall be binding on you and your respective executors, administrators, and permitted assigns.
 
Entire Agreement. This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings or agreements with respect to such subject matter.
 
Section Headings. Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement.
 
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.
 
DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD, CUSTOMER SERVICE FUNCTIONS, OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
 
LIMITED LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY REQUIRED BY THIS AGREEMENT OR APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR PERFORMING OR FAILING TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT UNLESS WE HAVE ACTED IN BAD FAITH.WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, RIOTS, FAILURE OF MERCHANTS TO HONOR THE REFERENCE CARD OR THE PHYSICAL CARD, FAILURE OF SCN TO PROVIDE ANY SERVICES, FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES, FAILURE OF COMMUNICATION SYSTEMS, OR FAILURES OF OR DIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS. NOT IN LIMITATION OF THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR ANY DELAY, FAILURE OR MALFUNCTION ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, ANY PAYMENT SYSTEM OR ANY CUSTOMER SERVICE FUNCTION. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES.
 
ARBITRATION OF DISPUTES. Except as expressly provided below, any controversy that arises out of or is related to (a) the Card; or (b) any service relating to the Card; or (c) any agreement or instrument relating to the Card or any such service; or (d) any breach of any of the foregoing, whether based on statute, contract, tort or any other legal theory, in which the aggregate amount in controversy for all claimants exceeds $15,000 including interest and attorneys’ fees (any “Claim”) will be settled on an individual basis by binding arbitration under the Federal Arbitration Act (“FAA”). Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute regarding whether a particular controversy is subject to arbitration will be decided by the arbitrator(s). If any part of the damages or other relief requested is not expressly stated as a dollar amount, the controversy will be a Claim that is subject to arbitration. You, SCN, and Bank acknowledge and agree that the transactions contemplated by use of the Card, and any controversy that may arise under or relate to the Card or the services or this Agreement, involve “commerce” as that term is defined and used in the FAA. The arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (the “Arbitration Rules”). We will tell you how to contact the AAA and how to get a copy of the Arbitration Rules without cost if you ask us in writing to do so. The Arbitration Rules permit you to request deferral or reduction of the administrative fees of arbitration if paying them would cause you a hardship. Any in-person arbitration hearing will be held in The Woodlands, Texas, where our employees and records of the Card are located.
 
Each arbitrator shall be a licensed attorney who has been 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. The arbitration award shall award only such relief as a court of competent jurisdiction could properly award under applicable law, including attorneys’ fees if allowed by applicable law or agreement, and may award to the prevailing party all pre- and post-award expenses of arbitration. All statutes of limitation, defenses, and attorney-client and other privileges that would apply in a court proceeding will apply in the arbitration. The filing of a demand for arbitration in accordance with the Arbitration Rules will be deemed the commencement of an action for purposes of any applicable statute of limitations. There will be no class Claims-Claims by or on behalf of other persons will not be considered in or consolidated with the arbitration proceedings between you, SCN and Bank.
 
The Card does not limit the right of you or us, 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. This provision in which you SCN and Bank have agreed to arbitrate disputes will survive the termination of your relationship with SCN and Bank, whether evidenced by this Agreement or otherwise.
 
You acknowledge that you have read carefully this provision in which you SCN and Bank 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 may be more limited in arbitration than in a court proceeding, and the right and grounds to 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.
  
PRIVACY POLICY
This Privacy Policy is provided by Secure Cash Network, Inc. (hereinafter referred to as “SCN.”)
 
This Privacy Policy includes examples of the types of nonpublic personal information we collect and the kind of companies with whom we may share such information. These examples are illustrative and should not be considered a complete inventory of our information collection, use and sharing practices. In addition, you may have other privacy protections under some state laws.
 
Please note that this Privacy Policy will not apply to your independent relationships with other companies that may from time to time offer you products and services in conjunction with the Card. The privacy policies of such other companies will govern how they collect, use and disclose personal information that you choose to allow them to access.
 
Information We May Collect
In order to provide you with products and services you have requested, to service the Card, and as we deem appropriate to determine your eligibility for products or services, SCN collects or reserves the right to collect the following types of nonpublic personal information about you from the following sources:
 
- Information we receive from you (or is provided to us on your behalf) including but not limited to your name, address, telephone number and date of birth;
- Information about your transactions with us or others, such as the balance on the Card, payment history, parties to transactions and Card usage;
- Information we receive from a consumer-reporting agency, such as your creditworthiness and credit history.
 
Information We May Disclose and To Whom We May Disclose Information
 
Disclosures Permitted by Law.SCN may disclose all of the nonpublic personal information described above, as permitted by law. For example, we may use affiliates or vendors of SCN to perform services for us, such as providing customer assistance, processing your Card transactions, preparing monthly statements describing activity on the Card and maintaining or developing software for us. We also may disclose information in response to requests from law enforcement agencies or state and federal banking regulators.

Disclosures for Joint Marketing and Servicing.SCN may disclose all of the nonpublic personal information described above to companies that perform marketing services on our behalf including financial companies, such as banks and insurance companies; non-financial companies, such as direct marketers and mail houses; and others, such as membership organizations and others with whom we have joint marketing agreements.

Other Disclosures.In order to make available to you a wide variety of special non-financial products and services, such as discount travel, discount movie tickets and discount shopping programs, SCN may enter into arrangements with non-affiliated parties to provide you with such special offers. SCN may disclose all of the nonpublic personal information described above to these parties who may want to offer their products and services to you, unless you opt-out as described below.

Information Regarding Former Customers.SCN discloses nonpublic personal information about former Card customers with inactive Cards only in accordance with this Privacy Policy.

Our Security Procedures.SCN restricts access to nonpublic personal information about you to those employees whom we determine have a legitimate business purpose to access such information in connection with the provision of products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal standards to guard nonpublic personal information about you.

Changes to this Privacy Policy.We reserve the right to modify or supplement this Privacy Policy at any time. If we make material changes, we will provide current customers with a revised notice that describes our new practices.
Your Right to Opt-Out of Other Disclosures to Nonaffiliated Third Parties.If you prefer that we not share nonpublic personal information about you with nonaffiliated parties as described under “Other Disclosures” above, you may opt-out at any time by requesting us not to make those disclosures by calling SCN customer service at 1-800-510-1314. Your “opt-out” designation does not apply to disclosures permitted by law, disclosures for Joint Marketing and Servicing described above, or disclosures to which you have consented. If you have authorized a Registered User for the Card, and either you or the Registered User chooses to opt-out, that decision will apply to the entire Card. Once your request has been processed, it will remain in effect until you request a change. Please note that we cannot accommodate special opt-out requests.
 
SCHEDULE OF FEES AND CHARGES
 
Monthly Card Maintenance Fee $4.95 per month. Cards will be automatically debited this amount on the 1st day of the month following the month the Card was activated. ATM Fee ATM Usage Fee of $1.75 per ATM transaction within the U.S. and $4.50 per ATM transaction outside the U.S. ATM Decline or Balance Inquiry transactions are $.95 per transaction in the U.S. & $1.50 outside the U.S.

POS Fee transactions requiring no PIN are FREE. POS transactions requiring a PIN have a Usage Fee of $0.95 per POS transaction within the U.S. and $1.50 per POS transaction outside the U.S.

Special Service Fees Balance Inquiry and Transaction History: This information is free online http://www.xlcard.com, as applicable. If you wish to obtain balance or transaction information by telephone, there is a charge of up to $2.00 per call.
  
Other Fees
Retail Card Load Fees:  vary by retail location up to $5.00 per load charged by Greendot or Moneygram
Card Rush Delivery Option: $15.00
Lost or Stolen Card Replacement Fee: $6.95 plus S/H
Card Liquidation Fee: $9.95 if liquidation is requested 30 days or more after activation but before Card expiration.
Card Research and Special Requests: Should you request that we perform research or handle special requests relating to the Card, there will be a charge of up to $25 per hour for each request. Should your request be the result of a billing error or unauthorized transaction, this service is free.
 
Purchase and Reload: The store where you purchase the Card will charge an initial activation fee and a reload fee. Check with your retailer for information on these fees before you purchase the Card.
Penalty Charges
Overdraft Fee: $25.00
Returned Check Fee: $25.00

Inactivity Fee: $9.95 per month charged to abandoned Cards, for up to twelve (12) months after the Card has been deemed abandoned. Abandoned Cards will be deemed as such if, a) a Card was purchased, but not activated after 90 days, or b) there is one year of no transactions.