American Express Serve

Legal/Privacy

Terms Applicable to General Use of Online Services:

All access to and use of our online services is governed by the American Express Terms of Service and subject to the
American Express Online Privacy Statement. Click the link below to view.

Terms Applicable to American Express Serve® Accounts:

All access to and use of an American Express Serve® Account is governed by the following terms and subject to the following notices and legal
disclosures. Click the document name below to view.

Terms Applicable to American Express Serve Features/Offerings:

Access to and use of certain additional American Express Serve features and offerings are governed by, as applicable, the following terms and
subject to the following notices and legal disclosures. Click the document name below to view.

American Express Serve Consumer User Agreement

  1. Use of the Service
    1. Our role as Service Provider
    2. Liability for Goods or Services Paid for Using the Service
    3. Returning Merchandise
    4. Service Content
  2. Eligibility
  3. Registration
    1. Establishing an Account
    2. Provisional Account
    3. Personal Identification Number and Password
    4. Verification Requests
    5. Email Verification and Card Activation
    6. Authorized Users
    7. Cards
    8. Paying Bills Service
  4. Sending Money, Making Payments and Use of Card at ATM
    1. Send Money Transaction Limits
    2. Back-Up Funding
    3. Authorizations
    4. Use of Card at ATM
    5. Refused and Returned Transactions
    6. Send Money Transactions to Non-Registered Users
    7. Pre-Authorization Holds and Processing Delays
    8. Recurring Payments from Your Account
    9. Accuracy of Information
  5. Receiving Money and Funding Your Account
    1. Receive Money Transaction Limits
    2. Payment Funding Sources for Adding Funds to an Account
    3. Recurring Payments to Your Account
  6. Serve Mobile; Text Messaging
    1. Serve Mobile Application
    2. Text Messaging
  7. Sub-Accounts
    1. Eligibility
    2. Representations and Warranties
    3. Features
  8. Account Balances
    1. Available Funds and Total Balance
    2. Reserve®
    3. Not a Demand Deposit Account
    4. No Interest Payments; Security Interest; and Set Off
    5. Information Regarding FDIC Pass-Though Insurance Coverage and Serve
  9. Closing your Account
  10. Fees
    1. Schedule of Services and Fees
    2. Types of Transactions
  11. Restricted Activities and Required Licenses
    1. Restricted Activities
    2. Required Licenses
    3. Negative Balance
  12. Your Liability
    1. Returned or Reversed Payments, Loads and/or Chargebacks
    2. Taxes
  13. Erroneous Transactions or Questions About Transactions
  14. Unauthorized Transactions
  15. Our Rights & Liabilities
    1. Transaction Limits
    2. Requests for Funds Transfers
    3. Liability for Failure to Make Transfers
    4. Risk and Hold-Back
    5. Suspension of Use; Cancellation; Closure
  16. Disclaimer of Warranties; Limitation of Liability
  17. Transaction History, Notices & Communications
    1. Periodic Statements
    2. Notices
    3. Text Messages
    4. Telephone Monitoring/Recording
  18. Confidentiality and Disclosure of Information
  19. Miscellaneous
    1. Contact Information
    2. Transactions Made in Foreign Currencies
    3. Business Days
    4. Change of Address
    5. Unclaimed Property
    6. Attorneys' Fees and Costs
    7. Governing Law
    8. Waiver
    9. Delay of Rights
    10. Void Where Prohibited
    11. Non-Assignability
    12. Severability
    13. Entire Agreement
    14. Survival
  20. Agreement to Arbitrate Disputes
    1. Definitions
    2. Initiation of Arbitration Proceeding/Selection of Administrator
    3. Class Action Waiver and Other Restrictions
    4. Arbitration Procedures
    5. Location of Arbitration/Payment of Fees
    6. Continuation
  21. Definitions
  22. Additional Plans and Services
    1. The American Express Roadside Assistance Plan
    2. Purchase Protection

Last Modified: March 6, 2014

Introduction

This American Express Serve Consumer User Agreement (“Agreement”) contains the terms and conditions that apply to your use of the Service. It is a contract between you and us, and by registering for or being authorized to use the Service you agree to be bound by the terms and conditions of this Agreement (including all agreements and policies referenced in this Agreement or otherwise applicable to use of specific features of the Service which are required to be agreed to and accepted before use of such specific features). If you do not agree to the terms and conditions of this Agreement (including all agreements and policies referenced in this Agreement or otherwise applicable to use of specific features of the Service which are required to be agreed to and accepted before use of such specific features), you may not use or access the Service.

Read this Agreement (and any future amendments) carefully and print and retain a copy for your records.

In addition to certain capitalized terms defined throughout this Agreement, the defined terms set forth in Section 21 shall apply to this Agreement.

We may change the terms of, or add new terms to, this Agreement at any time, with or without cause, and without giving you notice, subject to Applicable Law. In addition, we may suspend, cancel, add, modify or delete any feature offered in connection with Serve at our sole discretion at any time, with or without cause, and without giving you notice, subject to Applicable Law. We reserve the right, subject to Applicable Law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated Agreement on the Serve Site or delivering notice of changes to you electronically to the e-mail address you have provided for your Account if you have given us consent to do so.

IMPORTANT INFORMATION ABOUT OPENING A NEW ACCOUNT AT SERVE

To help the U.S. Government fight terrorism and money laundering, Federal law requires us to obtain, verify and record information that identifies each person who opens an account. What this means for you: when you open an account, we will ask for your name, a street address, date of birth, and an identification number, such as a Social Security number, that Federal law requires us to obtain. We may also ask to see your driver’s license or other identifying documents that will allow us to identify you. We appreciate your understanding and cooperation.

1. Use of the Service.

a. Our role as Service Provider.

The Service allows you to establish an Account to facilitate payment transactions using electronic payment networks and certain other electronic methods. Individuals may also receive a Card which may be used to conduct certain transactions through the Service after the Card is activated. Where a Sub-Account has been opened, certain transactions may also be conducted through the Sub-Account or a Sub-Account Card and where a Reserve has been opened, certain transactions may also be conducted by the Accountholder using a Reserve. When you use the Service, you are authorizing us to act as your agent only with respect to holding, sending, or receiving funds. For all other purposes of this Agreement, we are an independent contractor.

b. Liability for Goods or Services Paid for Using the Service.

Except as required by Applicable Law, we are not responsible for and do not have any liability for any goods or services purchased or paid for through the Service, including if a product or a service you purchased is unsafe, is not delivered, breaks, is different than as represented, or otherwise does not meet your needs or expectations. If a problem arises with the product or service you purchased from a third party (e.g., a merchant), or if another User does not send funds you requested or are owed, you need to resolve your issue directly with the third party or other User. We do not guarantee that (i) the person placing an order for goods or services is in fact a person authorized to use the applicable Account; (ii) the person making the transaction is in fact the person he or she is purporting to be; (iii) the person purporting to sell goods or services is in fact the seller; (iv) the transaction is in fact valid or bona fide; (v) you will be paid for the transaction; or (vi) you will not be subject to a Chargeback.

Please note that eligible purchases made with your Serve Account may be protected against accidental damage or theft for up to 90 days from the date of purchase. Please refer to the Purchase Protection* plan benefit described in Section 22.b.

c. Returning Merchandise.

If you wish to return any merchandise purchased with an Account, Card, Sub-Account or Sub-Account Card, you will be subject to the merchant’s return policies. If the merchant agrees to issue a credit to the Account, Card, Sub-Account or Sub-Account Card such funds may not be available for use for seven (7) days or longer. If you return merchandise that, when originally purchased, was subject to an offer or other promotion that resulted in a credit to your Account, any return of such merchandise will result in the credits being deducted from your Account.

d. Service Content.

Articles, guides, comments, videos and any other materials or content made available via the Service (“Service Content”) do not reflect our opinions or analysis or those of our Affiliates or our content providers. You may not copy, modify, re-publish, transmit, or distribute the Service Content. We and our content providers are not responsible or liable for, and do not validate, endorse or make any representations about the accuracy, completeness, legality, or reliability of any information, opinions, assertions or statements expressed in any Service Content. Service Content is provided for informational and entertainment purposes only and does not, and should not be relied upon to, replace the advice of your own professional legal, tax and financial advisors. Any reliance on the Service Content is at your own risk. Under no circumstances will we, our Affiliates or our content providers be responsible for any loss or damage resulting from your reliance on Service Content. Service Content is provided “AS-IS” and we and our content providers expressly disclaim all warranties, express or implied (including, without limitation, fitness for a particular purpose or non-infringement) with respect to Service Content.

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2. Eligibility.

You must be at least eighteen (18) years of age (or nineteen (19) years of age if you reside in a state where the age of majority is nineteen (19)), reside in the U.S., and not be a business in order to register for the Service and open an Account under this Agreement. As described in Section 7 below, under certain circumstances Sub-Account Users may qualify for a Sub-Account if they are thirteen (13) years of age or older. The Accounts covered by this Agreement are intended for consumer use only. If you are a business and wish to open an account with us, please call us at 1-800-954-0559. Registered users of the Bluebird® by American Express® service are not currently eligible to register for an Account or open an Account. In addition, after you register for the Serve Service, you will not be eligible to register for Bluebird for as long as you maintain a Serve Account.

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3. Registration.

a. Establishing an Account.

To open an Account, you must register for the Service and establish an Account online at www.serve.com or through the Serve Mobile Application. Individuals who establish an Account and satisfy the necessary verification requirements, including email verification, will be sent a Card linked to the Account, which can be activated by contacting us as instructed on the Card and providing the required information or by logging in to your Account at www.serve.com. Until you verify your e-mail address and activate the Card linked to your Account, your Account privileges will be limited. Transactions conducted using a Card will be funded from the linked Account or as otherwise provided in this Agreement. If a Sub-Account is established by an Accountholder, the Sub-Account Users will be issued a Sub-Account Card, which will also require activation. Transactions conducted using a Sub-Account or Sub-Account Card will be funded from the Master Accountholder’s Account or as otherwise provided in this Agreement. You may only have one Account or Sub-Account, and although you may associate more than one of your email addresses with such Account or Sub-Account, one primary and any additional email addresses will be secondary.

Once you establish an Account, in accordance with Section 10, a Monthly Fee will be charged to your Account during every monthly statement period unless a waiver, exception, or other promotional program applies. Your monthly statement period will begin on the date you successfully sign up for an American Express Serve Account. You will see the Monthly Fee listed in your Periodic Statement and Account Transaction History. The Monthly Fee will be withdrawn from your Available Funds and will be charged as long as there is a remaining balance on your Account, except where prohibited by law. If you have no Available Funds in your Account, we will next look to your Reserve (if applicable), followed by your Sub-Account(s), to charge the Monthly Fee.

For any one (1) monthly statement period, your Monthly Fee can be waived in one (1) of these ways:

  • Receive a Direct Deposit to your Serve Account, in any amount, during your monthly statement period; or
  • Add $500 or more to your Account during your monthly statement period. Receiving money from another American Express Serve Accountholder (a P2P transaction) does not count toward the load amount.

  • NOTE: There is no Monthly Fee for residents of NY, TX and VT.

    b. Provisional Account.

    Pursuant to special programs we may offer in conjunction with select partners, you may register for an Account through the select partner and receive a Serve Card which allows you to use the Service on a limited basis (a “Provisional Account”). PLEASE NOTE: A Provisional Account does not confer all of the rights and capabilities of a fully registered Accountholder as further described herein. Specifically, with a Provisional Account you will not be able to: (a) add or load funds into your Provisional Account by a credit card, Cash Funding source, Direct Deposit or MoneyPak®, (b) receive funds from another User (peer-to-peer Receive Money transaction),(c) send, transfer or transmit funds to another User (peer-to-peer Send Money transaction), or (d) open Sub-Accounts until you proceed to and complete an Account registration (either a full registration or any other partial registration we may deem acceptable at a future date) and such registration is confirmed by us. Full registration for an Account requires, among other things, that you provide us with information that may include your date of birth, address, Social Security Number and other identifying information, all subject to verification. Account privileges are determined and may be modified by us in our sole discretion. Specific Account privileges are provided to the User upon completion of registration and Account approval. Provisional Accounts are not available to individuals already holding an Account with the Service or a Bluebird account and may be subject to such other limits and restrictions as we may set from time to time.

    c. Personal Identification Number and Password.

    When you register for the Service, you will select a personal identification number (“PIN”) that may be used to access the Service and authorize transactions, as well as a password and a security question and answer. You must keep your PIN and password confidential and not disclose them to others. You should not write or keep your PIN or password with information regarding your Account or Card, or if you have a Sub-Account you should not write or keep your PIN or password with information regarding your Sub-Account or Sub-Account Card.

    WARNING: If you believe that anyone has accessed your PIN or password without your authorization, you should INFORM US immediately and change your PIN and/or password immediately to avoid unauthorized use of your Account or Sub-Account, Card or Sub-Account Card. Follow the procedures set forth in Section 14 to do so. If you lose or cannot remember your PIN, you will need to change it online on the Serve Site.

    d. Verification Requests.

    You agree to cooperate with all requests made by us, or third parties on our behalf, to identify you, authenticate your identity, validate your funding sources, verify your wireless telephone number and account, or verify your transactions. To the extent allowed by Applicable Law, you agree that we may make any credit, employment and investigative inquiries or reports as we deem appropriate in connection with the opening, issuance, funding, loading, reloading, review, suspension or termination of your Account, Card, Sub-Account or Sub-Account Card, or any applicant to be a User or Sub-Account User. These inquiries may include inquiries to credit reporting agencies, check databases, or other consumer reporting agencies.

    e. Email Verification and Card Activation.

    After you register for the Service, you must verify your email address by clicking on the link in the email you receive from us. If you do not successfully verify your email address, your Serve Account privileges will be limited, and, for example, you will not be able to send, request or receive payments through the Service, accept funds sent to you by another User, transfers funds to a Sub-Account to the extent we allow you to do so, or receive a Card or, if applicable, Sub-Account Card. In addition, for Serve Accounts opened on or after February 6, 2013, until you activate the Serve Card linked to your Account, your Account privileges will be limited. In particular, until you activate your Serve Card, you will not be able to load or add money to your Account by Direct Deposit or using a credit, debit card or ACH funding source and we may restrict your ability to add money using certain other funding sources.

    f. Authorized Users.

    You will be liable for all transactions and fees arising from any use of the Service and any use of your Account (including your Reserve), Card, and, as applicable, linked Sub-Account or Sub-Account Card(s) by an Authorized User.

    If you permit another person to use your Account, your Card, a linked Sub-Account or Sub-Account Card or withdraw money from or send money to your Account or, as applicable, a Sub-Account, you will be responsible for any transactions made and any fees incurred by such person. You will be liable for these transactions and fees even if the person that you permitted to use your Account, Card, and, as applicable, linked Sub-Account or Sub-Account Card(s) exceeds the scope of the authority that you gave (such as if you authorized the person to make one small purchase, but the person disregarded your instructions and made a number of large purchases).

    You should permit a person to use your Account, Card, and, as applicable, a linked Sub-Account or Sub-Account Card only if you trust that person to honor your instructions and limitations. If you have given a Card or Account or, as applicable, linked Sub-Account or Sub-Account Card information to a person that you no longer trust, you must notify us immediately to close the Account or, as applicable, linked Sub-Account or Sub-Account Card.

    g. Cards.

    Each individual may only register for one Account and therefore, receive one Card. We may, under the terms of a program we may sponsor or promote from time to time, offer you the opportunity to convert your Card to a co-brand version of the Card. The co-branded Card, when selected, issued and activated, will replace your original Card and you will no longer be able to use your original Card.

    Please note: After you register for the Service, you must verify your email address by clicking on the link in the email you receive from us. If you do not successfully verify your email address, your Serve Account privileges will be limited, and, for example, you will not be able to send, request or receive payments through the Service, accept funds sent to you by another User, transfers funds to a Sub-Account to the extent we allow you to do so, or receive a Card or, if applicable, Sub-Account Card. In addition, for Serve Accounts opened on or after February 6, 2013, until you activate the Serve Card linked to your Account, your Account privileges will be limited. In particular, until you activate your Serve Card, you will not be able to load or add money to your Account using a credit, debit card or ACH funding source and we may restrict your ability to add money using certain other funding sources.

    A Card or Sub-Account Card is not a payroll card and cannot be used to pay wages, compensation (including bonuses or incentive payments), or benefits to anyone. We may allow you to use the Card or Sub-Account Card (if properly authorized) to obtain cash from participating ATMs in the U.S. that permit American Express transactions, including at MoneyPass™ Network ATMs (go to www.moneypass.com for a MoneyPass™ ATM Locator) or for point of sale payment for goods and services at retailers and other merchants that accept Cards internationally, subject to the terms and conditions of this Agreement and the amount of Available Funds in an Account, the availability of Back-Up Funding as described in Section 4(b), or as applicable, the amount of Available Funds in a Sub-Account. This includes mail order and brick and mortar establishments.

    If we make this functionality available on your Account, your Card may be used to obtain cash from participating ATMs outside of the United States that permit American Express transactions or for point of sale payment for goods and services at retailers and other merchants outside of the United States that accept Cards. Please note international access is not available to Accountholders who are Vermont residents.

    Your Card is eligible and may be registered to participate in and redeem offers made available from time to time through the Amex Sync Program. For the terms and conditions of this Program and for more information, please visit https://sync.americanexpress.com/Partner/Terms.

    Please note that online transactions conducted directly on the Serve Site must be done using your log in credentials for your Account or Sub-Account; such transactions may not be done using a Card or a Sub-Account Card.

    Cards and Sub-Account Cards may not be used for any type of illegal activity or prohibited sale or gambling or as otherwise prohibited by this Agreement, and you agree not to engage in any such illegal or prohibited activity when you use (or allow others to use) your Account, with a Card and/or Sub-Account Card. See also Section 11 for a list of representative restricted activities which are prohibited under this Agreement.

    We reserve the right to change the amount of your Card or Sub-Account Card transaction limits in our sole discretion and will give you notice of such changes in accordance with Applicable Law. NEITHER THE CARD NOR THE SUB-ACCOUNT CARD IS A CREDIT CARD, CHARGE CARD, DEBIT CARD LINKED TO A DEMAND DEPOSIT ACCOUNT, OR GIFT CARD AND CANNOT BE REDEEMED FOR CASH, EXCEPT AS REQUIRED BY APPLICABLE LAW or as otherwise permitted by this Agreement.

    We will send an Accountholder a Card after registration for an Account and your submission and our receipt and verification of the information required for this Account feature. An Accountholder may also request information about a Card by calling Customer Service.

    Cards and Sub-Account Cards must be activated. The PIN set during your Account registration will apply to any Card you receive. For Sub-Account Cards, unless the Accountholder who opened the Sub-Account (“Master Accountholder”) blocked the Sub-Account Card’s cash access or other relevant features, or we impose other limitations on the use of the Sub-Account, you may use your Sub-Account Card and PIN to obtain cash access at participating ATMs. Do not write or keep your PIN with your Card or Sub-Account Card. If you believe your PIN has been compromised, or you otherwise need to request a change in your PIN, please immediately call Customer Service. To get cash, use the “withdrawal from checking” option at a participating ATM. Acceptance within ATM networks may change at any time. Use of the Card or Sub-Account Card at an ATM is also subject to all applicable fees, surcharges, rules and customs of any clearinghouse, ATM network or other institution or association involved with the transaction. We may impose a fee to obtain cash at participating ATMs in accordance with our fee schedule, and the owner or operator of the ATM may also impose a fee.

    Other than as permitted by this Agreement, neither your Card nor Sub-Account Card are transferable and you agree not to permit any other person to use your Card or Sub-Account Card. You must notify us to revoke permission for any person previously authorized to use your Card or Sub-Account Card. If you tell us to revoke your permission for another person to use your Card or Sub-Account Card, we may cancel the Card or Sub-Account Card issued to that person and issue you a new Card or Sub-Account Card with a different number, or take other actions in accordance with this Agreement. You are wholly responsible for the authorized use of each Card and Sub-Account Card linked to your Account or Sub-Account in accordance with this Agreement. Unless Applicable Law provides otherwise, you will be responsible for any use by a person who you authorized to use the Card or Sub-Account Card, even if that person does not honor your instructions or disregards any limits on use that you communicated to that person. The Accountholder or Sub-Accountholder must sign his/her signature on the back of his/her Card or Sub-Account Card, where indicated.

    Where applicable, present the Card or, as applicable, Sub-Account Card to the merchant at the time of payment and sign the receipt with the same signature you used when you signed the back of the Card or Sub-Account Card. You agree to use the Card or the Sub-Account Card only at merchants in accordance with the terms and conditions of this Agreement and only for lawful purposes.

    Depending upon the merchant’s policy, you may be able to use your Card or Sub-Account Card with another form of payment, such as cash, check or another card, to make a purchase. This is known as a “Split Tender Transaction.” Where you want to make a purchase using a Split Tender Transaction, ask the cashier whether another form of payment will be accepted for the portion of the purchase for which you do not want to use your Card or Sub-Account Card. If the cashier indicates a Split Tender Transaction can be done, first provide the cashier with the second form of payment to cover the portion of the purchase you inform the cashier you want paid from a different source, conduct that transaction, and then provide the cashier with the Card or Sub-Account Card and advise the cashier of the amount of the payment to be covered by such Card or Sub-Account Card. Some merchants may only allow you to use cash or check, but not another card, as the second form of payment. Some merchants do not permit a second form of payment at all. We do not guarantee that a merchant will permit a Split Tender Transaction.

    Please note the Card or Sub-Account Card has a "valid thru” date on it. This “valid thru” date is the date through which your physical plastic card may be used, and is required to process purchases at merchants that require an expiration date for Card or Sub-Account Card payments. Even if the “valid thru” date has passed on your Card or Sub-Account Card, remember that the Available Funds in your Account or Sub-Account remain unchanged and intact as a result of such expiration. You may not use the Card or Sub-Account Card after the “valid thru” date on the Card or Sub-Account Card has expired. You should receive a replacement Card or Sub-Account Card from us before your old Card’s or Sub-Account Card’s “valid thru” date passes. Once you receive your new Card or Sub-Account Card, you should cut the old Card or Sub-Account Card in half and throw it away. You can start using your new Card or Sub-Account Card for permitted transactions and purchases as soon as you receive it in the mail and it is activated. If you do not receive a replacement Card in a timely manner, please call Customer Service.

    h. Paying Bills Service.

    Accountholders may use Serve’s bill payment service (“Pay Bills”) to make one-time payments from their Account to companies or individuals that the User selects (“Payees”), subject to the terms and conditions of this Agreement and the terms and conditions applicable to Pay Bills set forth at the Serve Site and the Serve Mobile Application.

    Pay Bills can be accessed online at the Serve Site or via the Serve Mobile Application. The payment amount for each Pay Bills transaction requested by the User will be debited from his or her Account immediately upon submission of the Pay Bills request.

    Payments to Payees will be sent either by means of an Automated Clearing House (“ACH”) or other electronic payment transaction or check drawn on our account or the account of our vendor and delivered via mail or courier. Payments will be processed and sent via ACH or mail/courier not later than the second business day after request. Payments via ACH will generally be credited on the next business day after processing. The actual delivery date of payments sent via check will depend on the mail/courier and is outside of our control. If a Payee fails to negotiate the check within 90 days, we will stop payment on the check and recredit the Account for the amount of the payment. If a check is returned to us prior to the end of the 90-day period, we will stop payment on the check and recredit the Account.

    Please note:

    Sub-Account Users are not currently eligible to use the Pay Bills service.

    Payments via the Pay Bills Service to Payees that are not listed on the pre-populated list displayed online at the Serve Site or via the Serve Mobile Application are limited, in the aggregate to all such Payees, to $5,000 per calendar month.

    To assure timely payment of your bills, the User must submit Pay Bills transaction requests and the Account must have requisite Available Funds and be in good standing at least six (6) business days before the date payment is required to be made.

    Prior to the cut-off time established by us with respect to each Payee (the “Cut-Off Time” in respect of such Payee), the User may cancel a Pay Bills bill payment to a Payee by logging into the User's Account, clicking on the “Pay Bills” tab and then clicking on the “Cancel Transaction” tab. After the Cut-Off Time, the User may stop payment on bill payments sent via check (but not bill payments sent via an electronic payment transaction) at any time prior to a Payee's deposit of such check with their bank by Calling Customer Service. We may charge you (and you authorize us to collect) a “stop payment” fee in connection with each bill payment that you stop. Prior to the applicable Cut-Off Time with respect to a scheduled payment to a Payee, “Edit Payment” and “Cancel Transaction” tabs will be displayed online next to the scheduled payment.

    Pay Bills transaction requests can only be submitted for immediate processing. We shall have no liability in the event we cannot complete a Pay Bills transaction due to insufficient funds in the Account or the payment to the Payee being blocked for any reason.

    We reserve the right, subject to Applicable Law, to change the amount of your Pay Bills transaction limits, limit, block or place a hold on certain types of transfers or transactions, limit, suspend or block transfers to particular persons, entities or recipients and/or suspend your access to the Pay Bills service, in our sole discretion.

    Pay Bills Guarantee.

    We will bear responsibility for any late payment-related charges (up to a maximum of $50 per transaction) should a Pay Bills bill payment arrive after its due date, as long as the User requested and scheduled the payment on the Pay Bills service at least six (6) business days prior to its due date and otherwise complied with the guidelines set forth at the Serve Website or Serve Mobile Application pertaining to Pay Bills and the terms of this Section h.

    Please note that due to circumstances beyond our control, particularly delays in the handling and posting of payments by Payees, some Pay Bills transactions may take longer to be credited by your Payee as “paid,” and may be credited as “paid” after the “Arrival” date set forth in your Pay Bills transaction request confirmation. Our Pay Bills Guarantee does not cover input errors made by you or your Payees or charges related to your failure to initiate payments through the Pay Bills service at least six (6) business days prior to their due date. We cannot guaranty that check billers will accept or properly process payments from us. For example, when we mail a check, we provide the biller only your name, the account number you provided, and the information contained in the “memo” field you completed. If the biller needs more information than that (for example, if you did not provide a complete or correct account number), then your payment might not be properly applied. Please be aware that the information that you add to the “memo” field of Pay Bills is not read by us and cannot contain special payment instructions to us.

    Accuracy of Information

    You are responsible for the accuracy of all information you provide in connection with each Pay Bills transaction you initiate, including the identifying information of the recipient and the amount of the transaction.

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    4. Sending Money, Making Payments and Use of Card at ATM.

    a. Send Money Transaction Limits.

    You may use the Service to send money or make a payment to another Account or Sub-Account you own or to another User, third party or merchant (“Send Money”), subject to the Send Money transaction limits we set for your Account (or, as applicable, we or the Master Accountholder set for a Sub-Account), payment of any fees that may apply to your transaction, and the terms and conditions of this Agreement.

    We reserve the right, subject to Applicable Law, to change the amount of your Send Money transaction limits, limit, block, or place a hold on certain types of transfers or transactions and/or limit, suspend or block your transfers to particular persons, entities or recipients in our sole discretion.

    b. Back-Up Funding.

    All Send Money, purchase or payment transactions using the Service will debit funds from your Available Funds in your Account. If you do not have sufficient Available Funds to cover the full amount, we will attempt to add funds to your Account and then complete your transaction. This process is known as “Back-Up Funding.” IMPORTANT: for Serve Accounts opened on or after February 6, 2013, you must activate your Serve Card to enable Back-Up Funding. Back-Up Funding is conducted for Send Money and Check-out purchase transactions and for point-of-sale or online store transactions by debiting, withdrawing or charging, as applicable, funds from the following back-up funding sources (“Back-Up Funding Source(s)”), subject to availability of funds and the permissions you set (such as the dollar limit you may set for this type of action), in the order listed below, except if you have set up your Account to block or limit a particular Back-Up Funding Source or as otherwise provided in this Agreement (e.g., no Back-Up Funding for Sub-Accounts):

    (1) Linked checking or savings account held at a financial institution in the U.S. (Note: This Back-Up Funding Source may not be used for Back-Up Funding for point of sale or online store transactions using a Card)

    (2) Linked debit card issued by a U.S. financial institution

    (3) Linked credit card issued by a U.S. card issuer.

    Back-Up Funding functions differently depending on the transaction type. For point-of-sale and online store transaction using a card, only a linked debit-card issued by a U.S. financial institution or a linked credit card issued by a U.S. card issuer may be used as a Back-Up Funding Source. You may set the amount of money you wish to make available for Back-up Funding or you may choose to not set a limit.

    For Send Money or Checkout purchase transactions, you may use a linked checking or savings account as a Back-Up Funding Source. However, when using a linked checking or savings account, the transaction will not be completed until the money added from your linked checking or savings account has been successfully added to your Account. Once the transfer to your Serve® Account is successful your Send Money or Checkout purchase transaction will be completed. Please note that for certain transactions you cannot decline your linked checking or savings account at the time you link them as a Payment Funding Source to your Account, but when making a transaction on the Serve Site, you do have the option to stop the transaction or manually override the default Back-Up Funding Source (e.g., your linked checking or savings account) by choosing another eligible Back-Up Funding Source (e.g., linked debit or credit card) when completing the transaction. Manual overrides are not available at the point of sale, a merchant’s online store or at ATMs.

    If you do not wish to have Back-Up Funding functionality on your Account, at the time you link a Payment Funding Source to your Account, when prompted, you should decline the Back-Up Funding option.

    Back-Up Funding functionality is not available for Subaccounts.

    c. Authorizations.

    Each time you initiate or accept a transfer through the Service, you authorize us to debit or credit the relevant accounts on your behalf in accordance with your instructions and the terms and conditions of this Agreement. Your authorization permits us to complete the transfer (including deducting any applicable fees), to correct any errors in the transfer, and, in our sole discretion, to resubmit any transfer that is rejected by a financial institution that holds the linked Payment Funding Source(s), to the extent permitted by Applicable Law. You also authorize us to debit your Account, or as applicable, Sub-Account, Reserve, or any of your linked Payment Funding Sources, if another User did not actually have sufficient good funds to pay for a transfer that was credited to you. All transfers must comply with Applicable Law.

    d. Use of Card at ATM.

    Subject to the amount of Available Funds in your Account or Sub-Account (and, in the case of a Sub-Account Card, unless the Master Accountholder blocks the Sub-Account Card's cash access or other relevant features or we impose other limitations on the use of the Sub-Account), you may use your Card or Sub-Account Card at ATMs that permit American Express transactions within and outside the United States, including at MoneyPass™ Network ATMs (go to www.moneypass.com for a MoneyPass™ ATM Locator). Please note international access is not available to Accountholders who are Vermont residents. ATM withdrawals are subject to the limits set forth in Sections 15.a and 8.a.

    Please note that we impose fees in connection with ATM transactions as provided in Section 10.a. In addition, the owner or operator of the ATM may also impose surcharges and other fees for ATM transactions, including cash withdrawals, declined transactions and balance inquiries. Use of your Card or Sub-Account Card at an ATM is also subject to all applicable fees, surcharges, rules and customs of any clearinghouse, ATM network or other institution or association involved with the transaction.

    When you register for the Service, you will set a PIN for your Card. The Card and PIN will be required to access cash at participating ATMs. You should not write or keep your PIN with information regarding your Account or Card (or Sub-Account or Sub-Account Card, as applicable). If you believe your PIN has been compromised, or you otherwise need to request a change in your PIN, please immediately contact Customer Service.

    e. Refused and Returned Transactions.

    In the event an intended recipient refuses or fails to accept your Send Money transaction, you agree that you will not hold us liable for any damages resulting from such refusal or failure. We will return to your Available Funds any Send Money transaction that has not been accepted by the recipient in accordance with the terms and conditions of this Agreement seven (7) days after the date you initiated the Send Money transaction. Notwithstanding the foregoing, in the event the recipient informs us they are rejecting your Send Money transaction then we will return such amount to your Available Funds within three (3) business days.

    f. Send Money Transactions to Non-Registered Users.

    If you initiate a Send Money transaction using the Service to a person who is not a registered User, a hold will be placed on the Available Funds in your Account equal to the face value of the initiated transfer. Provided the person to whom you are trying to transfer funds has not opted out of receiving email communications from us, we will attempt to notify the person via email about the process to become a registered User and claim the funds. If the person becomes a registered User within seven (7) days after you initiate the transfer, then the funds will be transferred to the person’s Account or, as applicable, Sub-Account, and made available to the person in accordance with the terms and conditions of this Agreement. If the person does not become a registered User within such seven (7) day period, or if you notify us not to send the funds before the person becomes a registered User, we will return the funds to your Available Funds within three (3) business days.

    g. Pre-Authorization Holds and Processing Delays.

    When you make a payment to a merchant using your Account, Card, Sub-Account or Sub-Account Card, you are providing that merchant with an authorization to process your payment and to complete your transaction. In certain instances, the payment processing may not occur immediately, and your payment will be "pending” during this time period.

    In addition, when you make a payment to certain merchants for goods or services (typically gas stations, restaurants, rental car agencies, hotels, and similar merchants), we or the merchant may request an authorization for the amount of your anticipated transaction in advance and may estimate the final value of the transaction, which may be more than the amount of the actual transaction. For example, a restaurant may request an authorization for the estimated dining bill and for a tip. In such an event, we will place a temporary "hold” on the funds in your Account or Sub-Account for the amount indicated by the merchant at the time the transaction is authorized, plus any applicable fees, but will release any funds in excess of the amount of the actual transaction promptly after the transaction finally settles, which could take up to ninety (90) days. Until the transaction finally settles, the funds subject to the hold will not be available to you for other purposes.

    h. Recurring Payments from Your Account.

    Subject to the Send Money transaction limits on your Account, you may pre-authorize recurring transfers from your Account to third parties. A Master Accountholder may also pre-authorize recurring transactions from his or her Account to a linked Sub-Account. We shall have no liability in the event we cannot complete a recurring transfer from your Account due to insufficient funds in your Account and any linked Payment Funding Sources or the payment to the other account is blocked for any reason.

    Pre-authorized recurring transfers from your Account are subject to the following:

    (1) Stop Payment Rights. If you have told us in advance to make recurring payments out of your Account, you can stop any of these payments by logging into your Account and cancelling the transaction in question, calling Customer Service or writing to us in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call Customer Service, we may also require you to deliver a written stop payment request to us within fourteen (14) days after you call. If you cancel a recurring payment to a third party, you may still be liable for the payment to that party and be required to pay that party through alternative means.

    (2) Notice of Varying Amounts. If you have instructed us in advance to make recurring payments out of your Account to third parties and such recurring payments will vary in amount, and we are aware an upcoming amount will vary from your prior transaction, we will send you prior notice of such payment at least ten (10) days prior to the date the payment is to be made. You may choose instead for us to provide such notice only when the amount of any payment differs from the previous payment by more than a certain amount. You agree that we may provide such notice of varying amounts to you only if the upcoming payment will vary from the prior payment by more than four percent (4%).

    If you instead instruct a third party to initiate recurring transactions from or to your Account that will vary in amount, the third party might give you the right to require the third party to whom you are sending or from whom you are receiving such payments to provide you with ten (10) days prior notice of the date and amount of each payment. The third party might also allow you to choose instead to require notice from such third party only when the amount of any payment would differ from the previous payment by more than a certain amount or when the amount of any payment would fall outside certain limits that you set. This is between you and the third party to whom you are sending or receiving such payments, and we take no responsibility for such transactions.

    (3) Liability for Failure to Stop Payment of Pre-authorized Transfer. If you order us to stop a pre-authorized recurring payment three (3) business days or more before the scheduled transfer date, and we do not do so, we will be liable for your losses or damages if we are unsuccessful in reversing or otherwise correcting the transaction from or to your Account.

    i. Accuracy of Information.

    You are responsible for the accuracy of all information you provide about each Send Money transaction you initiate, including the identifying information of the recipient and the amount of the transaction.

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    5. Receiving Money and Funding Your Account.

    a. Receive Money Transaction Limits.

    You may use the Service to receive funds from another account you own or another User ("Receive Money”), subject to the Receive Money transaction limits we set for your Account (or, where applicable, we or the Master Accountholder set for your Sub-Account), subject to payment of any fees that may apply to your transaction and the terms and conditions of this Agreement.

    To the extent allowed by Applicable Law, we reserve the right to change the amount of your Receive Money transaction limits, limit, block, or place a hold on certain types of transfers or transactions and limit, suspend or block transfers from particular persons or entities or other Users in our sole discretion.

    Please note: The aggregate amount of funds that may be added to a Serve Account and linked Sub-Accounts from all Payment Funding Sources, inclusive of Direct Deposit and Mobile Check Capture, may not exceed $100,000 per calendar year. The Total Balance of your Serve Account and linked Sub-Accounts may not exceed $100,000 at any time.

    b. Payment Funding Sources for Adding Funds to an Account.

    You may load funds to your Account from any of the following sources (each, a "Payment Funding Source”) to the extent they have Available Funds. You may link one (1) of each type of Payment Funding Source: one (1) Bank Account, one (1) credit card and one (1) debit card issued in your name. We reserve the right, in our sole discretion at any time, to limit or change the number or type of Payment Funding Sources an individual may link to an Account. You may not load funds to your Account from any source that we do not expressly permit in this Agreement. In the event you link or add funds from a Payment Funding Source that is not in compliance with these terms, we reserve the right in our sole discretion to limit, block, or place a hold on certain transactions or transfers and/or close your Account.

    (1) Bank Account.

    i. ACH Authorization and Agreement: You may add funds to your Account by linking an eligible checking or savings account held by you at a U.S. financial institution ("Bank Account”) and transferring funds from your linked Bank Account to your Account by means of an Automated Clearing House ("ACH”) transaction. By linking a Bank Account, you represent that you are the owner of the Bank Account and, if there are additional owners, you are authorized by them to withdraw or add funds and take all other actions required or permitted by this Agreement. If you choose to link a Bank Account, please note that the financial institution holding the Bank Account will have limits on transactions that may be performed using a savings account and/or a checking account. You should review your account agreement with the bank that holds your Bank Account to determine any applicable limitations it will impose on the use of your Bank Account.

    By supplying your Bank Account number(s) to us via the Serve Site in connection with your election to make payments on, or load funds to, your Account through a Bank Account, you provide this ACH authorization and agreement ("ACH Authorization and Agreement”) and certify and agree as follows: (i) you are the owner of the Bank Account(s) whose number(s) you have supplied and designated as a Payment Funding Source for your Account, such Bank Account(s) is/are a consumer account(s) and you are authorized to make withdrawals from it/them and credits to it/them without the approval or participation of anyone else; (ii) you authorize us to initiate credit or debit entries to your Bank Account(s) from time to time until your Account is closed and no further credits or debits are authorized or permitted under this Agreement; and (iii) where you have instructed us to make recurring pre-authorized electronic fund payments or transfers, and we have knowledge that the amount of an upcoming transaction varies from the prior transaction, unless agreed otherwise, you acknowledge that you have the right to receive at least ten (10) days’ prior notice of the amount and date of each pre-authorized transfer we initiate from your linked Bank Account(s) that varies in amount from the previous transfer, but you choose to only receive notice when such transfer differs from the most recent transfer by more than four percent (4%). For example, if you instruct us to schedule a recurring payment of a bill to a particular merchant once a month, and the first payment is $100, and we learn the transfer in the following month will be more than $104, we will provide you with notice of the varying amount at least ten (10) days’ in advance of conducting that transaction. Where you have instructed the merchant to obtain such amount from your Account or, where applicable, Sub-Account on a pre-authorized basis, the merchant might be required or have agreed to provide you with such notice.

    You acknowledge and agree that (i) the origination of ACH transactions to and from your Account must comply with the provisions of U.S. Applicable Law, and (ii) you will receive at the primary email address of record you have provided via the Serve Site any required notices of variations in the amount or timing of debits or credits to your linked Bank Account(s).

    Our ACH Authorization and Agreement is a continuing one that will remain in full force and effect until you cancel this ACH Authorization and Agreement by removing your linked Bank Account(s) by logging into your Account and clicking on "My Account” and then going to "Funding and Transfers" on the Serve Site or by calling Customer Service. You agree to do so in time for us to have a reasonable opportunity to act on your cancellation and you understand that you may only give notice of cancellation of this ACH Authorization and Agreement by removing your linked Bank Account(s) and failure to do so will void your notice of cancellation.

    You understand that, to the extent permitted by Applicable Law, you will be deemed to have signed this ACH Authorization and Agreement by entering your Bank Account number(s) on the Serve Site as a symbol of your signature. You authorize us to date this ACH Authorization and Agreement as of the date you submit your Bank Account number(s) and you agree to print and save a copy of this ACH Authorization and Agreement.

    ii. Account Verification: When you provide us with your Bank Account information, we may verify your authority and/or access to the Bank Account you identify. Subject to availability, there are two account verification options available to choose from when you choose to link a Bank Account: challenge deposits and Instant Account Verification.

    In the challenge deposit option, we will make two small deposits to the Bank Account your provide us with. After receiving these deposits, you will need to log into your Account and verify the amounts of these deposits.

    If you choose the Instant Account Verification option, we will attempt to instantly verify your access to the Bank Account you chose to link by having you supply us with your log in credentials for such Bank Account. In order to proceed with the Instant Account Verification option, you will be required to review and agree to and accept the Instant Account Verification Terms and Conditions (as made available to you on the Serve Site). Please note that the Instant Account Verification Service feature is not available when you initiate a transaction or attempt to link a Bank Account through a Serve Mobile Application.

    Note: It may take one (1) to five (5) business days for available funds added by ACH to appear in your Account. We will credit your Account with an ACH pre-authorized deposit on the business day we receive the payment.

    (2) CREDIT OR DEBIT CARD.

    You may also add funds to your Account by linking a valid credit or debit card issued in your name. The credit card you link to your Account must be issued by a U.S. card issuer. The debit card must be issued by a U.S. financial institution or entity, as applicable. In addition, you may only link a credit or debit card that has not already been linked to another User’s Account.

    Subject to the terms and conditions of this Agreement and applicable limitations imposed by us or Applicable Law, when you have linked a credit or debit card as a Payment Funding Source for Back-Up Funding, we will charge your linked credit and/or debit card (in accordance with the order of priority you have elected a Payment Funding Source for Back-Up Funding) in the event a transaction exceeds the Available Funds in your Account. For example, if you are trying to purchase a $20 item from a merchant using your Card, but you only have $10 in Available Funds in your Account, and you have chosen your credit card as a Payment Funding Source for Back-Up Funding, we will charge your credit card for the amount needed to fund the difference ($10) and any applicable fees; if the credit card transaction is authorized by the credit card issuer or its service provider and the funds qualify as Available Funds, the additional funds will be placed in your Account, so that you may have sufficient funds to pay for the $20 purchase at the merchant location and any applicable fees. Such load to your Account may (but we do not guarantee) take place at or near the time you initiate a transaction for which you do not have sufficient Available Funds.

    We may take actions to authenticate your identity or authority to use the credit or debit card(s) you identify as Payment Funding Sources at any time. We are not responsible if linking and conducting a transaction from a credit or debit card to your Account results in an overdraft, over-limit, over-credit line, non-sufficient funds, or any other fee(s) or charge(s) associated with such transaction that may be charged by the financial institution or entity that issues you that credit or debit card. In addition, if you improperly enter any card information and/or card type when linking a Payment Funding Source to your Account, we reserve the right to remove and block such Payment Funding Source from the Service and/or your Account at any time without prior notice to you.

    You agree NOT to transfer funds from your Account to a linked credit or debit card; for example, you may not transfer funds from your Account to pay for an outstanding credit card bill.

    (3) Direct Deposit.

    You may arrange to have all or part of your paycheck or any Federal or state government benefit or payment (e.g., Federal tax refunds or social security payment) transferred directly to your Serve Account by your employer or relevant government payer. To enroll, you must activate the Serve Card linked to your Account and then you will need to provide your employer with the direct deposit enrollment form available on the Serve Site or any alternate or additional form requested by your employer. In the case of government payments, you will need to provide the account and routing numbers on our Direct Deposit form to the government payer. Funds transferred via direct deposit generally will be available on the day we receive the transfer, and you may review your periodic statements or transaction history on the Serve Site or call Customer Service to verify that each direct deposit has been received. We reserve the right to accept, reject or limit transfers via direct deposit in our sole discretion. If you wish to cancel direct deposits, you must contact your employer.

    Please note:
    To assist in the prevention of fraud in connection with tax refunds, we require that (i) the name and social security number associated with each refund payment must match the name and social security number associated with your Serve Account, (ii) no more than two (2) tax refunds may be added to a Serve Account via Direct Deposit per calendar year and (iii) in the case of joint tax returns, the first name and social security number associated with the refund payment must be the name and social security number of the Accountholder.

    To avoid disruption of your direct deposits, please ensure that the aggregate Add Money transaction and Total Balance limits of the Account are not exceeded.

    We do not charge any fees to set up or maintain direct deposit.

    (4) Cash Funding Sources.

    You may add funds to your Account by presenting cash (US currency only) and your Card at participating retailers, using a Green Dot® MoneyPak® or Vanilla Reload and other cash funding sources and methods accepted by us from time to time (collectively, "Cash Funding Sources").

    To add funds to your Account with cash at a participating retailer, present your activated Card and at least US $20 to the cashier. To find a participating retailer, visit www.serve.com. Cash loads at participating retailers are subject to your Account transaction limits and such other restrictions we may add to this feature from time to time.

    In order to load funds to your Account using a Green Dot MoneyPak, simply purchase a Green Dot MoneyPak with cash at a participating retailer in the amount you want loaded to your Account, subject to the limits set forth below and any additional limits set by the participating retailer. After purchasing the Green Dot MoneyPak, go to www.moneypak.com, call 1-800-GREENDOT or log-in to your Account and click on the "My Account” button followed by the "Funding Source" button to load the funds into your Account. You will be required to provide information that identifies your Account, such as your Serve Card number.

    In order to load funds to your Account using a Vanilla Reload, simply purchase a Vanilla Reload with cash (or other accepted tender) at a participating retailer in the amount you want added to your Account, subject to the limits set forth above and any additional limits set by the provider/issuer of the Vanilla Reload or the participating retailer. After purchasing the Vanilla Reload, log-in to your Account and click on the "My Account" button followed by the "Funding Source" button to load the funds into your Account, or follow the instructions on the Vanilla Reload package and call 1-877-429-8140 or go to vanillareload.com and provide the information required, including information that identifies your Account, including your Serve Card number.

    We reserve the right to delay the availability of funds added to your Account from any of these Cash Funding Sources until such funds have cleared and posted to your Account, although such funds will generally post within thirty (30) minutes of the funding transaction. We may change accepted tender types and funding methods for the Account at any time for legal, risk management, security or other purposes. In addition, your ability to add funds from any Cash Funding Source is also subject to the transaction limits on your Account related to adding funds (visit the Serve Site or contact us to find out what those transaction limits are).

    Please note: Cash Funding Sources are services and products provided by third parties. Even though we allow the use of these Cash Funding Sources to add money to your Account, we do not provide these services or products and are not responsible for any service issues that arise with them. Use of a Cash Funding Source is subject to the terms and conditions established by the provider of the Cash Funding Source.

    You must load the full value of the Green Dot MoneyPak or Vanilla Reload Network Prepaid Reload into your Account; partial loads are not permitted. Cash Funding Sources cannot be used to add funds directly to a Sub-Account.

    Although American Express does not charge any fees in connection with your Adding Money to your Account via Cash Funding Sources, the third parties providing such Cash Funding Sources may charge fees for their products and services.

    When you attempt to add money to your Account via a Cash Funding Source, we will notify you via e-mail when the transaction is completed successfully. You may also view any approved transactions by logging into your Account on the Serve Site or via the Serve Mobile Application.

    The amount of each load to your Account using cash, the Green Dot Money Pak or Vanilla Reload must be at least US$20.00. A Green Dot MoneyPak or Vanilla Reload loaded with more than US$500.00 cannot be used to load funds into your Account. Subject to your transaction limits, no more than US$5,000.00 may be loaded to your Account using a Green Dot MoneyPak or Vanilla Reload in any month, and no more than US$1,000.00 may be loaded to your Account using a Green Dot MoneyPak or Vanilla Reload in any one day.

    (5) Adding Checks to your Account with Serve Mobile Check Capture

    Following activation of your Serve Card, you may use Serve's Mobile Check Capture service ("Mobile Check Capture") to Add Funds to your Account by endorsing and delivering to us an Eligible Check (defined below) remotely using the Serve Mobile Application (a "Mobile Check Capture transaction"). When conducting a Mobile Check Capture transaction, you will use the Serve Mobile Application and your smartphone's camera to capture images of an Eligible Check (defined below) and transmit those images and associated information electronically to us or to our processor, Certegy Check Services, Inc. (our "Processor"). In this Agreement, the image and associated information transmitted electronically to us or our Processor are called, collectively, the "Check Image." The paper instrument to which the Check Image relates is called the "Original Check."

    We will credit the amount of each Check Image accepted by us in accordance with our Mobile Check Capture funds availability policies below. Once transmitted to us, the Check Image is an "item" for purposes of Article 4 of the Uniform Commercial Code.

    Mobile Check Capture can be accessed solely via the Serve Mobile Application. In order to use Mobile Check Capture, you must obtain and maintain, at your own cost, a smartphone upon which the Serve Mobile Application can be installed. We assume no responsibility for defects, failures, or incompatibility with Mobile Check Capture of your smartphone or other hardware or software used in connection with Mobile Check Capture, including any third party software you may need to use Mobile Check Capture. We have no obligation to make the Serve Mobile Application, or the Mobile Check Capture functionality within the Serve Mobile Application, available on any particular device. We may disable the Mobile Check Capture functionality within the Serve Mobile Application on any mobile device in our sole discretion. We might do this if we have concerns about the security of information transmitted through such mobile device.

    Your use of Mobile Check Capture is subject to the Mobile Check Capture transaction limits described below, the payment of any fees that may apply to your Mobile Check Capture transaction, and the terms and conditions of this Agreement and Applicable Law.

    (i) Mobile Check Capture Transaction Limits

    Subject to the overall Add Funds limits set for your Account, the following additional limits apply to your Add Funds transactions using Mobile Check Capture:

    Please note:

    You may not submit Check Image(s) through Mobile Check Capture with a total value that exceeds $2,000 on any day and $10,000 in any calendar month, subject to the Add Funds limits set for your Account.

    We reserve the right, subject to Applicable Law, to change the amount of your Mobile Check Capture transaction limits or impose additional limits, limit, block, or place a hold on certain types of Mobile Check Capture transactions and/or limit, suspend or block your transmission of Check Images from particular persons or entities in our sole discretion.

    (ii) Eligible Checks; Certain Checks Not Permitted

    You agree that you will use Mobile Check Capture to Add Funds to your Serve Account only by delivering to us "Eligible Checks."

    Eligible Checks are the following:

    1. Negotiable demand drafts drawn on or payable through or at an office of a bank in the United States, a Federal Reserve Bank or a Federal Home Loan Bank, or the Treasury of the United States; and
    2. U.S. Dollar travelers cheques issued by American Express Travel Related Services Company, Inc.
    3. Eligible Checks must contain (i) the MICR number (i.e., the series of numbers at the bottom of the Eligible Check that identifies the account number that the check is to be drawn from and the routing number of the bank), check number and name, street address and zip code of the payer commercially imprinted on the Original Check and (ii) your name as payee imprinted or legibly written in ink on the Original Check. Only items that are payable to you individually (and not to you and another person) are Eligible Checks.
    4. Eligible Checks does not include, and you may not use Mobile Check Capture to add funds to your Serve Account by delivering to us, any check or other item that:
      1. is payable to any person or entity other than you, even if it has been endorsed over to you;
      2. is drawn on another account owned by you;
      3. is a demand draft or a remotely created check (i.e., a check lacking the original signature of the person authorizing the check);
      4. you know or suspect (or should know or suspect) is fraudulent or otherwise not authorized by the owner of the bank account on which the check is drawn;
      5. has been previously cashed or deposited (either in its original paper form or electronically) or submitted for collection and returned unpaid for any reason;
      6. is post-dated or more than 6 months old;
      7. is payable to "cash";
      8. is a U.S. Savings Bond, money order, cashier's check or travelers cheque other than a U.S. Dollar-denominated American Express Travelers Cheque;
      9. is irregular in any way (such as including different written and numerical amounts or a nonexistent date) or contains erasures or alterations;
      10. does not bear the original signature of the person on whose account the check is drawn;
      11. is drawn on a financial institution that is located outside of the United States or payable in a foreign currency;
      12. is a "substitute check" (that is, a paper check created from an electronic image in accordance with the requirements of Federal Reserve Regulation CC);
      13. is prohibited by, or received in violation of, any law, rule or regulation; or
      14. exceeds the per transaction and aggregate limits for Mobile Check Capture transactions.

    The fact that we or our Processor accepts any of the types of items described above in a Mobile Check Capture transaction shall not obligate us to accept any of the items described above in any future Mobile Check Capture transaction, and we may stop doing so without prior notice. Additionally, we may refuse any Check Image submitted for Mobile Check Capture transaction at any time, with or without cause.

    (iii) Check Endorsement Requirement

    Prior to capturing and transmitting any check through Mobile Check Capture you agree to endorse the Original Check by signing your name on the back of the check, or as otherwise instructed by us. Your endorsement may not contain any limiting language, such as designating a specific person to whom the check is to be paid, indicating the check is endorsed for deposit only, or otherwise restricting further transfer or negotiation of the item. You agree to follow all other instructions provided to you by us for capturing and transmitting Check Images and associated information via Mobile Check Capture.

    (iv) Representation and Warranties and Indemnification

    You represent and warrant the following with respect to each Check Image that you transmit to us through Mobile Check Capture:

    1. the amount of the Original Check and any other information that you entered into the Serve Mobile Application accurately reflects the Original Check;
    2. the Check Image is of an Eligible Check, and you have the right to enforce the Original Check;
    3. the Check Image is an accurate representation of the front and the back of the Original Check, including all endorsements, at the time of transmission, without erasures or alterations, and you have not taken any action that would obscure, alter or impair the capture or transmission of information on the front and back of the Original Check;
    4. you make all warranties that would otherwise apply with respect to the Original Check if you had negotiated the Original Check to us by endorsement and transfer of possession;
    5. you have not previously cashed, deposited, or transferred the Original Check, any image of the Original Check, or any substitute check for the Original Check;
    6. Neither the Receiving Bank nor any other person will receive a transfer, presentment or return of, or otherwise be charged for, the Check Image, the Original Check, or a paper or electronic representation of the Original Check such that the person will be asked to make a payment based on an item that it already has paid;
    7. you will not create or submit duplicate images of the Original Check represented by the Check Image, nor will you deposit or transfer the Original Check or any substitute check for the Original Check unless and until we inform you that the Check Image associated with that Original Check has been rejected by us or cannot otherwise be processed.

    You agree to indemnify and hold harmless us and our vendors and licensees from and against any and all actions, proceedings, liabilities, losses, costs (including attorneys' fees), penalties and claims, including, without limitation, warranty claims, that result from or arise in connection with (i) our processing of Check Images provided by you in accordance with the terms of this Agreement, (ii) your breach of warranty or failure to comply with the terms of this Agreement pertaining to Mobile Check Capture transactions, (iii) any claim by a recipient of an Eligible Check, an image of the Original, or substitute check of the Original Check that the recipient incurred a loss due to the receipt of an image cash letter or substitute check instead of the Original Check; and (iv) multiple payments with respect to the Original Check.

    (v) Hours; Cutoff Time

    You may initiate Add Money transactions to your Serve Account using Mobile Check Capture 24 hours a day, 7 days a week, except when the system is unavailable for required maintenance or due to system outages. We are not responsible for the unavailability of Mobile Check Capture or any damages that may result from its unavailability.

    Check Images received for processing by us before 8:00 p.m. ET on a business day will begin processing on the next business day. Check Images received for processing by us after 8:00 p.m. ET on a business day or on a day other than a business day will begin processing on the second succeeding business day.

    (vi) Confirmation of Receipt of Check Image and Acceptance for Processing

    Once the Check Image is successfully transmitted to us or our Processor, it may be reviewed by us or our agents before it is accepted by us for processing. If, upon review of the Check Image, we determine that the Check Image does not conform to this Agreement or to our risk, security and other guidelines or is otherwise not usable, or that the Original Check is not an Eligible Check or that the representations you have made with respect to the Original Check or Check Image are or may be untrue in any material respect, we may reject and determine not to process and provide value for the check notwithstanding any earlier confirmation by us of receipt of the Check Image. Should this occur, we may adjust any provisional credit given to your Serve Account and you will be provided a notice (or provided the opportunity to request and receive a notice) setting forth the reasons why the check was rejected.

    If the Check Image is accepted by us for processing, you will receive an electronic confirmation of such fact.

    By transmitting a Check Image to us through Mobile Check Capture, you authorize us and our Processor to contact you, including via e-mail and the mobile telephone number you have most recently provided us in respect of your Serve Account, regarding any processing issue or collection effort with respect to such Check Image.

    (vii) Retention and Destruction of Original Checks

    You will receive an electronic confirmation from us when the Check Image that you have transmitted via Mobile Check Capture has been accepted for processing (or alternatively, an electronic notice that such image has not been accepted for processing, setting forth the reason we could not accept your check for processing). You agree (i) to retain and safeguard the Original Check until you have received notification from us that the funds associated with such Check Image have been added to your Serve Account and you have verified that such funds have been added to your Serve Account and (ii) after you have verified that the funds associated with such Check Image have been added to your Serve Account, to mark the front of the Original Check "VOID" and then destroy the Original Check.

    (viii) Availability of Funds

    Funds related to any Check Image you transmit to us via Mobile Check Capture will generally be available to you as Available Funds in your Serve Account six (6) business days after we commence processing such Check Image, unless after commencement of processing and prior to the general funds availability date, the Check Image is dishonored or returned unpaid or we receive other adverse notice or communication or make an adverse determination, in which event we will send an electronic communication to you, informing you as to whether and when funds will be available to you or your transmission will be rejected. In some cases, we may not make funds from your Mobile Check Capture transactions available in accordance with this general policy. Should this occur, an electronic communication will be sent to you, informing you as to when your funds will be available to you. In the event we receive a Check Image where we have reason to doubt the collectability of that Check Image, we may delay the availability of funds for a reasonable period of time until the item is either paid or returned. In such cases, we will notify you of this action. You agree that we have no obligation to make funds related to any Check Image you transmit to us available until we receive related funds from our bank. Please note that business days exclude weekends and bank holidays.

    (ix) Use of Consumer Reports

    By submitting a Check Image to us via Mobile Check Capture, you authorize us or our designee to obtain a consumer report or other report in respect of the transaction from consumer reporting agencies or companies that maintain check databases, and to furnish information regarding your Check Image to consumer reporting agencies consulted by us. We may use these reports, and other information available to us, to assess your eligibility or the eligibility of the Check Image for processing via Mobile Check Capture. The eligibility criteria we apply will be established in our sole discretion, and may change from time to time without notice to you. If we determine that your Check Image is not eligible for Mobile Check Capture, we will notify you through the Serve Mobile Application. You will be given the opportunity to cancel the Mobile Check Capture transaction.

    We will make an eligibility assessment, and obtain a consumer or other report on you, each time that you transmit a Check Image via Mobile Check Capture.

    (x) Returned Items and Right of Chargeback

    If, after we have credited funds to your Serve Account, any Check Image you transmit to us as part of an Mobile Check Capture transaction is dishonored or otherwise returned unpaid by the institution upon which it is drawn, or if we have otherwise over-credited your Account in respect of an Mobile Check Capture transaction, your Serve Account will be charged back the amount of the Check Image (or the amount of the overcredit) in addition to any applicable fees. If any Check Image you transmit to us as part of an Mobile Check Capture transaction is returned due to insufficient or uncollected funds, our Processor may charge you (and you authorize our Processor to collect from you) the maximum related service fee allowed by law.

    (xi) Limitation on Our Liability

    We will not be liable for any losses which arise, directly or indirectly, in whole or in part, from your negligence, omissions or breach of this Agreement, any error, omission or delay in your transmission of any Check Image, any error or delay due to telecommunications or systems failure or the unavailability of Mobile Check Capture due to other causes beyond our reasonable control, or the return of any check by the institution upon which it is drawn.

    c. Recurring Payments to Your Account.

    Subject to the Receive Money transaction limits on your Account and the terms and conditions in this Agreement, you may pre-authorize recurring transfers to your Account. Pre-authorized recurring transfers to your Account are subject to the following:

    (1)If you instruct a third party to send pre-authorized transfers to your Account or take pre-authorized transfers from your Account at least once every sixty (60) days, the person or entity making the transfer should notify you if the transfer does not occur. You may also click on the "My Account” tab on the Serve Site, view your periodic account statement or call Customer Service to see if the funds have been transferred to or from your Account. Except as required by Applicable Law, funds transferred to your Account from a Payment Funding Source may not be immediately available and are subject to the restrictions and limitations set forth in this Agreement, including but not limited to, all applicable fees and transaction limits on your Account.

    (2)You may establish automatic funding options on your Account. If you choose an automatic funding option, each time your Account balance reaches the threshold you set, we will automatically transfer funds (assuming there are available funds in the Payment Funding Source you select) in the amount you establish into your Account from the Payment Funding Source selected to perform this automatic funding function. Except as otherwise required by Applicable Law, funds transferred on the automatic funding option may not be immediately available and are subject to the restrictions and limitations set forth in this Agreement, including but not limited to, all applicable fees and transaction limits on your Account.

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    6. Serve Mobile; Text Messaging.

    a. Serve Mobile Application.

    The Serve Mobile Application allows you to use your mobile device to send, request, and receive payments through the Service. The Serve Mobile Application may not work with all mobile devices (it is currently available only for U.S. wireless telephone numbers), and not all functionalities of the Service are available on mobile devices or through the Serve Mobile Application. The Serve Mobile Application does not permit or support currency conversion and is subject to the Send and Receive Money transaction limits we set for your Account (or, as applicable, we or the Master Accountholder set for a Sub-Account), as well as applicable fees. If you use the Serve Mobile Application, you are solely responsible for any fees that your wireless service provider or other third party charges, such as fees for messages and data services. Your wireless service provider is not the provider of the Serve Mobile Application or the Service, and we are not responsible for the hardware and/or mobile device you use in downloading and using the Serve Mobile Application.

    b. Text Messaging.

    In order to communicate with us via text or receive text messages from us (e.g., about your Account or Sub-Account, offers and news about the Service) or use certain features of the Service that we may make available that require the use of text messaging, you must opt in to the applicable text, also known as short message service or SMS, program ("SMS Service”) on the Serve Site on or through your wireless device or other wireless receiving equipment through which you intend to access and use the Service and expressly consent to receive text messages.

    If you have successfully registered for and opted in to the SMS Service (which includes, amongst other things, successfully verifying your U.S. wireless telephone number(s) you wish to use in connection with your use of the SMS Service), you understand that you will receive text messages in connection with your use of such SMS Service to, among other things, provide you with the information you request, and otherwise in connection with certain transactions initiated by you, or initiated by other Users that wish to transact with you via SMS (e.g., by sending to you, or requesting from you, money). In addition to those messages, you understand that, as part of the SMS Service, you also may receive error messages, confirmatory messages and other similar administrative messages from us via text at your U.S. wireless telephone number you have provided for such purposes. Message frequency varies by account, by transaction volume, and by preferences.

    You understand that your wireless service provider’s message and data rates may apply to messages sent and received in connection with the Service (including, without limitation, any error messages, confirmatory messages or other administrative messages that you may receive in connection with your use of the Service), and may appear on your wireless service provider’s bill or deducted from your pre-paid wireless balance.

    You may cancel your enrollment in the SMS Service at any time by replying "STOP” to any text message you receive from us or by texting "STOP” to SERVE (73783) or by logging into your Account or Sub-Account via your Account Profile on the Serve Site or by calling Customer Service, and you understand that, for your protection, you may receive a text message on your U.S. wireless telephone number confirming your cancellation. If you require information or assistance, reply "HELP” to any text message you receive from us or text "HELP” to SERVE (73783), or call Customer Service.

    Once you have successfully registered for and opted in to the SMS Program, you may use your U.S. wireless telephone number(s) as an account identifier to send money, request money, and initiate scheduled transactions. Sub-Account Users may opt in to receive the SMS Service only if the Master Accountholder has granted permission to the Sub-Account for this feature.

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    7. Sub-Accounts.

    The Service has a feature that offers the ability to have one or more sub-accounts (each a "Sub-Account”) connected to your Account that you can control and transfer money into for use by Authorized Users who meet the eligibility requirements of this feature. To open and maintain a Sub-Account the Master Accountholder must have a linked and validated U.S. Bank Account or eligible linked credit card or debit card for the Account, and have provided his or her social security number if prompted to do so on the Serve Site.

    Only a person with a valid Account in good standing (meaning, your Account is not presently subject to an open/pending investigation and you are not in violation of this Agreement or any other agreement we have with you) may open and maintain a Sub-Account and receive a Sub-Account Card linked to the Sub-Account.

    By opening a Sub-Account, the Master Accountholder agrees to be fully liable and responsible for all Sub-Account User’s transactions, actions, obligations, uses and liability related to the Sub-Account, any Sub-Account Card issued for a linked Sub-Account, the Sub-Account User’s use of the Service at any websites, and all other obligations of the Sub-Account User related to the Sub-Account or the Sub-Account Card.

    At present, a Master Accountholder may open up to a maximum of four (4) Sub-Accounts at any given time. There may be only one Sub-Account User for each Sub-Account. We reserve the right, in our sole discretion at any time, to limit the number of Sub Accounts an individual may have available to him or her with the Service.

    A Sub-Account User must be an individual who is at least eighteen (18) years of age (or nineteen (19) years of age if he or she resides in a state where the age of majority is nineteen (19)), and reside in the U.S. A Master Accountholder may also open a Sub-Account for individuals between the age(s) of thirteen (13) and eighteen (18) (or nineteen (19) where applicable), where the Master Accountholder is that individual’s parent or legal guardian or has the appropriate consent from that individual’s parent or legal guardian, subject to the Master Accountholder’s and Sub-Account User’s meeting any eligibility requirements.

    Sub-Accounts are subject to all of the terms and conditions of this Agreement and all limitations (including transaction limits) imposed by the Master Accountholder or us on the Sub-Account or on a Sub-Account Card.

    All Sub-Account transactions count against the Master Accountholder's transaction limits as though the Master Accountholder conducted the transactions himself or herself. For example, if the Master Accountholder has a $500 per day ATM Withdrawal limit on his or her Account and the Sub-Account User withdraws $250 from an ATM during a day, additional ATM Withdrawals from the Master Accountholder’s Account will be limited to $250 that day.

    If the Sub-Account User or Sub-Account Card User violates this Agreement and allows someone else to use the Sub-Account or Sub-Account Card, then the Master Accountholder agrees that all transactions, actions, obligations, and uses of the Sub-Account or the Sub-Account Card done by that third person (including transactions, actions, or uses of the Sub-Account that exceed the authority granted to the third person by the Sub-Account User or Sub-Account Card User) will be deemed to be those of the Sub-Account User and that the Master Accountholder will be liable for those transactions as well. The Master Accountholder agrees to provide copies of all relevant agreements, consents and disclosures regarding the Service, including but not limited to copies of this Agreement and the Privacy Notice and Privacy Statement, to each Sub-Account User and Sub-Account Card User. Closure of a Sub-Account results in termination of your privileges with respect to the associated Sub-Account Card.

    The Master Accountholder sets a temporary password for the Sub-Account. When the Sub-Account User logs in for the first time with the temporary password, he or she will be prompted to select a PIN for the Sub-Account. The Sub-Account User can change his or her PIN and password on the Sub-Account he or she is authorized to use in accordance with our procedures. We may place a temporary hold on the Sub-Account, or suspend or terminate the Sub-Account if the password or PIN has been compromised or if the Sub-Account Card is lost or stolen. In the event the PIN or the Sub-Account Card becomes lost or stolen, the Sub-Account User or Master Accountholder should notify us immediately by calling Customer Service.

    a. Eligibility.

    A Sub-Account User includes the person who is authorized to use the Sub-Account or linked Sub-Account Card. Each Sub-Account or linked Sub-Account Card shall be subject to the terms and conditions in this Agreement, as applicable, and any other terms and conditions applicable to Sub-Accounts or Sub-Account Cards. Please note that the Sub-Account Card cannot be activated or used and Sub-Account privileges will be limited until the Sub-Account User’s email address is verified by clicking on the link in the email we send to the Sub-Account User.

    The Sub-Account Card is for consumer use only, is not transferable, and the Sub-Account User may not permit any other person to use their Sub-Account Card. If the Master Accountholder tells us to revoke his or her permission for another person to use a linked Sub-Account or Sub-Account Card, we may suspend use of, lock or close the linked Sub-Account. Closure of a Sub-Account results in termination of your privileges with respect to the associated Sub-Account Card.

    Any Master Accountholder who authorizes a minor to use a Sub-Account or Sub-Account Card shall be the parent or legal guardian of the minor or have the current valid consent of the parent or legal guardian of the minor to provide the minor with access to a Sub-Account or Sub-Account Card, as described further below. The Master Accountholder shall review all of the agreements, terms and conditions and fees contained in this Agreement and in all other applicable agreements, consents and disclosures with any such minor, and educate or instruct the minor regarding his or her use of the Sub-Account and any Sub-Account Card. The Master Accountholder agrees that we may rely on all uses of the Sub-Account and all acts taken with a Sub-Account Card by a minor, even if those acts or uses contravene the Master Accountholder’s instructions to the minor. Except as otherwise required by Applicable Law, the Master Accountholder also acknowledges and agrees that this Agreement and all other applicable agreements, consents and disclosures, including without limitation the Privacy Notice and Privacy Statement, and any authorizations granted to us, apply to the minor’s use of the Service, Sub-Account and any linked Sub-Account Card.

    If you allow a minor to use a Sub-Account or Sub-Account Card but are not the minor’s parent or legal guardian (e.g., you are the minor’s grandparent or relative), you agree to obtain permission from the minor’s parent or legal guardian so that the responsible person can have the above discussions with the minor and provide all of the above consents. You represent and agree that you have already done so or that you will do so before the minor first uses the Sub-Account or any linked Sub-Account Card, and that we may rely on your representation and agreement.

    b. Representations and Warranties.

    By opening, funding, loading, using or authorizing the use of a Sub-Account, the Master Accountholder represents and warrants (and if under the age of majority in his/her state of residence, his/her parent or legal guardian represents and warrants) that the information provided is true and correct and complete, that he or she is a resident of the United States; that the Sub-Account User is at least thirteen (13) years of age and that where the Sub-Account User is less than the age of majority in his or her state of residence his or her parent or legal guardian has consented to his or her access to a Sub-Account and Sub-Account Card.

    c. Features.

    Sub-Account features include, but are not limited to, the following:

    (1) Adding Value.
    Sub-Account can be funded only by a transfer of funds from the Master Accountholder’s Account to the Sub-Account (as authorized by the Master Accountholder) All transactions made by the Sub-Account User, whether from the Sub-Account or a Sub-Account Card, must be funded from the Available Funds held in the Sub-Account. The Sub-Account may not have any linked bank account or credit or debit card for funding purposes. There is no Back-Up Funding feature for Sub-Accounts. All funds in the Sub-Account are at all times owned by the Master Accountholder. If a Sub-Account User attempts to conduct a transaction in an amount greater than (a) the Available Funds in the Sub-Account, or (b) in excess of the transaction limit set on the Sub-Account, the transaction will be denied.

    (2) Default Settings.
    The Master Accountholder may set up default settings to allow or prevent a Sub-Account User from using certain Sub-Account features or a Sub-Account Card and may change such default settings.

    (3) Fees.
    There is no initial set-up fee to open a Sub-Account. There is no fee imposed for a Master Accountholder to transfer Available Funds from his or her Account to a linked Sub-Account he or she has opened or, where the Master Accountholder has opened two to four Sub-Accounts, initiate transfers of funds between such Sub-Accounts. However, the Master Accountholder’s Account and Sub-Account transactions will be subject to fees contained in this Agreement. Master Accountholders represent and warrant that they have advised all of their Sub-Account Users of the fees that can apply.

    (4) Master Accountholder Controls on Sub-Accounts.
    Set forth below are actions a Master Accountholder may take on a Sub-Account:

    a. Transfer Money Into a Sub-Account. The Master Accountholder may transfer Available Funds from his or her Account into a valid linked Sub-Account.

    b. Transfer Money Out of a Sub-Account. The Master Accountholder may transfer money from any linked Sub-Account to the Master Accountholder’s Account.

    c. Control Money Received by or Sent from the Sub-Account. The Master Accountholder may set controls ("Permissions”) on the funds that can be received by a Sub-Account from the Master Accountholder’s Account and on the amount of funds that can be sent or transferred out of the Sub-Account by the Sub-Account User.

    d. Set Permissions. The Master Accountholder may set Permissions to allow or prevent the Sub-Account User from: (i) performing transactions above the limits or thresholds set by the Master Accountholder but in no event higher than the limits set by us on Sub-Accounts and the Master Accountholder’s Account generally; (ii) making purchases online or offline using the Sub-Account or any Sub-Account Card; (iii) sending funds to other Users and other third parties; (iv) using the Sub-Account Card at merchants or ATMs outside of the United States (if we make this functionality available); and/or (v) withdrawing Available Funds from participating ATMs using a Sub-Account Card. Permissions may be changed by the Master Accountholder at any time.

    e. Set Alerts. The Master Accountholder may set alerts to be notified when a Sub-Account balance drops below an amount set by the Master Accountholder.

    f. View Sub-Account Activities. The Master Accountholder may view the Sub-Account activities. The Master Accountholder can view the Sub-Account balance and Sub-Account transactions for ninety (90) days by logging into his/her Account and clicking on "My Account” on the Serve Site. The Sub-Account User can view Sub-Account transactions for his or her Sub-Account for ninety (90) days by viewing their Sub-Account Activity.

    g. Closure/Suspension of Use of Sub-Account and Sub-Account Card. Except as otherwise provided in this Agreement, the Master Accountholder may close a Sub-Account he or she has opened at any time. Closure of a Sub-Account results in termination of your privileges with respect to the associated Sub-Account Card. In order to close a Sub-Account, the Master Accountholder must first transfer the balance of funds remaining in the Sub-Account to the Master Accountholder’s Account. The Master Accountholder may not be allowed to close a Sub-Account under the circumstances outlined in Section 9. The Master Accountholder may suspend or terminate the Sub-Account User’s use of the Sub-Account or Sub-Account Card by changing their Permissions for the Sub-Account or Sub-Account Card or by calling Customer Service. We will have a reasonable amount of time to effectuate such a change.

    h. Disputes or Claims. The Master Accountholder may file Disputes related to the Sub-Account and Sub-Account Card as provided in this Agreement. The Sub-Account User will not have access to or be able to file Disputes related to the Sub-Account or Sub-Account Card.

    (5) Sub-Account User Actions.
    Subject to the Permissions set by the Master Accountholder or by us, the transaction limits set on the Master Accountholder’s Account and the terms and conditions of this Agreement, stated below are actions a Sub-Account User may take:

    a. Send Money and Make Purchases. Where permitted by the Master Accountholder, a Sub-Account User may use his or her Sub-Account to send money to and to make purchases from other Accountholders. However, Sub-Account Users may not receive or request money from other Accountholders.

    b. Use the Sub-Account Card. Subject to any limitations placed by us or the Master Accountholder, a Sub-Account User may use his or her Sub-Account Card to make purchases anywhere that American Express Cards are accepted and to withdraw authorized amounts at any participating ATM that permits American Express Card transactions. Purchases and withdrawals should not exceed the amount of the Sub-Account Available Funds, and may not exceed any transaction limits set by us or by the Master Accountholder. Purchases and withdrawals are subject to fees as described in this Agreement. Subject to any limitations placed by us or the Master Accountholder, a Sub-Account User may use a Sub-Account Card linked to the Sub-Account to make online or point of sale purchases at merchants and to withdraw amounts from the Sub-Account at participating ATMs that permit American Express Card transactions, where there are sufficient Available Funds.

    c. Change the Sub-Account Email Address. A Sub-Account User may change the email address the Sub-Account User has for his or her Sub-Account.

    d. Change Sub-Account Password. The Sub-Account User may change the Sub-Account password for his or her Sub-Account at any time.

    (6) Master Accountholder Responsibility.
    The Master Accountholder is liable and responsible for all of the Sub-Account User’s actions, obligations and liability related to the Sub-Account, Sub-Account Card and the Service; such liability shall include, but is not limited to, any transactions made by any person whom the Sub-Account User or the Master Accountholder authorizes or permits to use the Sub-Account or Sub-Account Card. Any action taken by us on the Master Accountholder’s Account may also apply to any linked Sub-Account, and any action taken by us on a Sub-Account may also apply to the Master Accountholder’s Account. The Master Accountholder agrees to be liable for a negative Sub-Account balance should one occur. We may recover amounts held in a Sub-Account if the Master Accountholder owes any amounts to us, even if such liability is unrelated to the Sub-Account. Should a Sub-Account hold a negative balance, or if any other liabilities are charged to a Sub-Account, any such amount may be taken from the Master Accountholder’s Account, Reserve, or from other Sub-Accounts linked to the Master Accountholder’s Account, or from any Payment Funding Source linked to the Master Accountholder’s Account. Any online agreements that are accepted by the Sub-Account User related to his or her use of the Service, Sub-Account or Sub-Account Card are deemed accepted by the Master Accountholder as if the Master Accountholder had taken the action.

    (7) Prohibited Use.
    The Sub-Account User may not use the Sub-Account or Sub-Account Card to engage in any activities that may be illegal under Applicable Law, or that are otherwise prohibited by this Agreement. We reserve the right to limit, suspend use of, lock or close the Master Accountholder’s Account and/or any Sub-Account if we believe that the Sub-Account User or Sub-Account Card User may engage in, has attempted or has engaged in, any prohibited activity or if we believe others may have attempted to use or has used the Sub-Account or Sub-Account Card inappropriately. Closure of an Account and/or Sub-Account results in termination of your privileges with respect to the associated Card and/or Sub-Account Card, as applicable. We may also block Sub-Account and Sub-Account Card payments and transactions to any User or third party selling or offering products or services we believe may be illegal or inappropriate.

    (8) Additional Provisions Relating to the Sub-Account Card.

    a. ATM Withdrawal and Spending Limits. Sub-Account Card transactions are subject to any daily and monthly limits that we set for the Master Accountholder’s Account, Sub-Accounts generally, as well as any additional limitations that may be imposed by the Master Accountholder on the Sub-Account.

    b. Pre-authorization Holds. Merchants may request a pre-authorization hold prior to allowing a Sub-Account User to use their Sub-Account Card. In such an event, a hold may be placed on the Available Funds balance in the Sub-Account equivalent to the amount of the pre-authorization request, and we will treat the Sub-Account in accordance with the provisions contained in Section 4.g of this Agreement.

    c. Documentation of Transfers. The Sub-Account User can get a receipt at the time the Sub-Account User makes any transfer from his or her Sub-Account using his or her Sub-Account Card at a participating ATM or, in most cases, point of sale. A Master Accountholder may access the Sub-Account transaction history and balance by logging into his or her Account and clicking on Sub-Accounts. A Master Accountholder should do this regularly to view the activity on his or her linked Sub-Account(s).

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    8. Account Balances.

    a. Available Funds and Total Balance.

    Your Account or, as applicable, Sub-Account has two types of balances: an available balance ("Available Funds”) and a total balance ("Total Balance”). Available Funds are limited to the funds that have been loaded or received into your Account or, as applicable, Sub-Account, that are not subject to holds, Disputes, etc.; they represent funds that you can use and conduct transactions with and are fully available to you. Your Total Balance represents the total of all funds in your Account or, as applicable, Sub-Account, including incoming or outgoing funds or transactions that are pending and subject to settlement. For example, when you load funds into your Account from a linked Bank Account, the transaction is "pending” until the funds are received by us from your Bank Account and credited to your Account. Available Funds and Total Balance amounts may not always be the same.

    A transaction will be listed in your Account or, as applicable, Sub-Account, as "completed” when you receive credit or, where applicable, a withdrawal or send amount of a transaction you requested has been debited and is performed. A transaction will be listed as "cancelled” if it cannot be completed as requested or if you or the other party with whom you attempted to engage in a transaction failed or refused to proceed with the transaction. A transaction will be listed as "pending funding” if you requested money from another User and he or she has accepted your request but is in the process of adding funds his or her Account to complete the transaction with you.

    Your Available Funds will decrease each time you use your Account or, as applicable, Sub-Account to transfer funds to another account or Sub-Account or make withdrawals or payments and each time a fee is charged to your Account. You authorize us to reduce the Available Funds in your Account by the amount of each transaction, any pre-authorization or authorization request, and any applicable fees or charges.

    You are not allowed to expend funds in excess of the Available Funds in your Account or Sub-Account through an individual transaction or a series of transactions. You may increase the Available Funds in your Account through a receipt of funds from another User, the eligible Payment Funding Sources, transferring funds from your Reserve and where you have chosen to have it, Back-Up Funding. However, in the event a transaction occurs that exceeds the Available Funds in your Account and you do not have a Back-Up Funding Source available and eligible to fund your Account with sufficient Available Funds to allow you to complete the transaction, we may in our sole discretion decline the transaction, or, if it occurs, you shall remain fully liable to us for the amount of the transaction and any applicable fees or charges.

    b. Reserve®.

    (1) Overview and Establishment of a Reserve.

    An Accountholder may establish and manage a Reserve® ("Reserve") via the Serve Site or the Serve Mobile Application and transfer funds from the Master Accountholder’s Account to a Reserve for the purpose of putting funds away towards specific goals, emergencies, or other purposes, subject to the term and conditions of this Agreement and the terms and conditions applicable to a Reserve set forth at the Serve Site and the Serve Mobile Application. At present, a Master Accountholder may establish one (1) Reserve. A Sub-Accountholder may not establish a Reserve.

    There are no fees associated with the establishment or use of a Reserve.

    YOU WILL NOT RECEIVE INTEREST OR ANY OTHER EARNINGS ON FUNDS IN YOUR RESERVE. WE ARE NOT A BANK, AND YOUR RESERVE IS NOT A BANK ACCOUNT OR A SAVINGS ACCOUNT. Funds in a Reserve are insured by the FDIC on the same basis as Account funds held in the custodial accounts we maintain for the benefit of Accountholders (see Section 8.e for details).

    (2) Adding Funds to and Accessing Funds in a Reserve.

    Funds can only be added to a Reserve by transfer of funds (on a one-time or recurring basis) from your Account. Funds so transferred are no longer considered part of your Available Balance and accordingly are not available for immediate spend or other use. For example, if you attempt to make a purchase or withdrawal from your Account that exceeds the Available Balance, the purchase or withdrawal will not be authorized by us (except as otherwise provided in this Agreement), even if you have sufficient funds to cover the shortfall in your Reserve.

    To spend or otherwise use funds held in your Reserve, the funds must be transferred from your Reserve back to your Account, at which time such funds will once again be considered part of your Available Balance.

    If your Account is suspended or frozen, you will not be able to transfer funds from your Reserve to your Account. This means that you will not be able to access the funds in your Reserve until the freeze or suspension on your Account is lifted.

    Reserve transactions are fully reflected in your transaction history, accessible via the Serve Site or the Serve Mobile Application.

    You agree that we may recover amounts held in your Reserve if you owe any amounts to us in connection with your Account, even if such liability is unrelated to a Reserve.

    Funds transfers between your Account and Reserve are immediately processed.

    (3) Recurring Transfers to Your Reserve.

    You may choose to have us transfer funds from your Account to your Reserve on a recurring basis. If you instruct and authorize us to make recurring transfers from your Account to your Reserve, then we will continue to do so on a regular basis until you cancel the authorization, or except as provided below.

    If there are insufficient funds in your Account at the time that a pre-authorized recurring transfer is scheduled to occur, then the transfer will not occur. We will not make a partial transfer (i.e., a transfer for less than the amount of the scheduled transfer) if the Available Funds are insufficient to cover the full amount of the scheduled transfer. We will not attempt to make the transfer after sufficient funds are added to the Account. You may verify that a preauthorized transfer occurred as scheduled through the Serve Site or the Serve Mobile Application, or by calling Customer Service.

    You may stop a preauthorized recurring transfer through the Serve Site or the Serve Mobile Application, or by calling Customer Service. If you cancel a preauthorized recurring transfer authorization at least three days before the next scheduled transfer, then we will stop that transfer. If you cancel a preauthorized recurring transfer authorization within three days of the next scheduled transfer, then we may not be able to stop the next scheduled transfer. If you instruct us to stop payment of an individual transfer, we will cancel the entire series of recurring transfers, and you will need to provide us with a new authorization in order to resume recurring transfers.

    If you instruct us to stop payment on a recurring transfer via the telephone, then we may require you to provide us with written confirmation of the stop payment order within 14 days of the oral notification. If you do not provide us with this written confirmation within 14 days, then we will not be bound by your oral instructions after 14 days.

    If we fail to stop payment of a preauthorized transfer in accordance with your instructions and the terms specified above, then we will be liable to you for all damages proximately caused by such failure. We will not be liable, however, if we can show by a preponderance of the evidence (1) that our failure resulted from an act of God or other circumstance beyond our control, that we exercised reasonable care to prevent such an occurrence, and that we exercised such diligence as the circumstances required; or (2) that our failure resulted from a technical malfunction which was known to you at the time that the transfer should have occurred. If our failure to stop payment of a preauthorized transfer was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error, we shall be liable only for actual damages proved.

    Each preauthorized recurring transfer in a series must be in the same amount. If you wish to change the amount of recurring transfers, then you must cancel the authorization and provide us with an authorization for a new series of recurring transfers.

    (4) Closing a Reserve.

    Once established, a Reserve can be closed only in connection with the closure of your Account. If you or we close your Account, your Reserve will be simultaneously closed, and the funds in your Reserve will be returned to you on the same basis as the return of funds from your Account.

    c. Not a Demand Deposit Account.

    Except as otherwise provided by Applicable Law, when you sign up for the Service, you do not get, and neither is the Account, the Sub-Account or Reserve, a demand deposit (checking) account, savings account, or other consumer asset account with us or with any bank partner. You receive a prepaid access Account, or as applicable, a Sub-Account, that allows you to send and receive funds through the Service. At our discretion, we may hold multiple Accounts or Sub-Accounts in a "pooled account” at a bank. We will hold and move funds in accordance with Applicable Law.

    d. No Interest Payments; Security Interest; and Set Off.

    You will not receive interest or any other earnings on funds in your Account (including funds in a Reserve) or Sub-Account and you agree that any interest that may be earned on funds in your Account or Sub-Account belongs to us. We will hold the funds in your Account or Sub-Account separate from our corporate funds, will not voluntarily make such funds available to our creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit our creditors to attach such funds. You grant us a security interest in and a lien upon any funds you send or receive through the Service to allow us to set off or deduct any amounts owed to us against those funds in the event you have a negative balance or otherwise fail to uphold the terms and conditions of this Agreement.

    e. Information Regarding FDIC Pass-Though Insurance Coverage and Serve.

    When you Add Money to your Serve Account, funds will be placed by us into one or more custodial accounts we maintain for the benefit of Accountholders at one or more FDIC-insured banks (currently Wells Fargo Bank, N.A. and American Express Centurion Bank) not later than the business day after those funds are reflected in your Total Balance. These custodial accounts will be set up to provide pass-through FDIC insurance. Subject to the limitations set forth below, this means that if a bank holding our custodial account fails, you should be insured by the FDIC up to the per-depositor coverage limit then in place (currently $250,000 in most instances). Note that the FDIC insurance maximum applies to the aggregate of all funds that you have on deposit with the bank in your individual capacity, including funds that you have in deposit accounts other than the account in which your Serve funds are deposited.

    Your Serve funds will not receive the benefit of FDIC insurance before they are placed in one of the custodial accounts referenced above. FDIC insurance coverage is contingent upon our maintaining accurate records and on determinations of the FDIC as receiver at the time of a receivership of a bank holding a custodial account referenced above.

    FDIC pass-through insurance protects funds placed on behalf of an Accountholder against the risk of loss (up to the then applicable FDIC deposit insurance limits) should any FDIC-insured bank(s) where we maintain custodial account(s) for the benefit of the Accountholder fail. FDIC pass-through insurance does not protect you against the risk of our insolvency. In the unlikely event of our insolvency, funds we place in a custodial account for your benefit should be protected from claims by our creditors; however, it is possible that funds that we hold before placement in a custodial account will not be protected from claims by our creditors. Even if funds in your Serve Account (whether held by us or held in a custodial account) are protected from claims by our creditors in the unlikely event of our insolvency, it is possible that you will not have access to those funds while court or other legal proceedings are ongoing.

    FDIC pass-through insurance also does not protect you against the risk that an Add Money transaction might fail or be reversed (for example, because an Add Money Source does not honor (or reverses) an Add Money transaction).

    Please note:

    Funds in a Provisional Account or other “temporary” account or card are not eligible for FDIC pass-though insurance. When you register online and establish a Serve Account, your Provisional Account or other “Temporary” account or card funds (to the extent you provide us information about your account or card at registration) will be transferred to your Serve Account and be eligible for FDIC pass-though insurance within one business day of establishment of your Serve Account.

    Funds held in your Reserve, and funds transferred between your Account and Reserve, will at all times be held in the custodial accounts we maintain for the benefit of Accountholders at FDIC member banks set up to provide FDIC pass-through insurance coverage.

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    9. Closing your Account.

    If you would like to close your Account (including your Reserve) and/or cancel your Card, you may call Customer Service. You may also close your Account (including your Reserve) and/or cancel your Card online at the Serve Site. A Master Accountholder may close a Sub-Account by the same mechanisms. Closure of an Account and/or a Sub-Account results in termination of your privileges with respect to the associated Card and/or Sub-Account Card, as applicable. Closure of your Account also results in the closure of all Sub-Accounts you may have set up.

    Upon closure of your Account or Sub-Account, we will use reasonable efforts to cancel all pending transactions (subject to Applicable Law) and send you a final closing transaction statement for your Account.

    After the closure of your Account or Sub-Account, the transaction history will be available online for at least ninety (90) days, and you may also request a paper statement from us if you wish to review your transaction history. Subject to Applicable Law, you will be charged a fee for each paper copy you request.

    If you choose to close your Account, you should withdraw the balance of funds remaining in your Account by electing during the closure process to send such balance via ACH to your valid U.S. Bank Account or have a check made payable to you mailed to the last postal address of record we have for you. The remaining balance in a Sub-Account will be returned to the Master Accountholder’s Account.

    To have funds withdrawn from your Account by check, please contact Customer Service.  It will take 7-10 business days to process the request. There currently are no fees charged to withdraw funds via check. Checks are void after 90 days.

    You may not close your Account or Sub-Account to evade an investigation or a disputed transaction(s). You may not close your Account or Sub-Account if there is a negative balance in your Account or Sub-Account or if there is an investigation pending or a Dispute related to the Account or Sub-Account or associated Card or Sub-Account Card, and subject to Applicable Law, we may hold your funds for up to thirty (30) days or longer to finish conducting the investigation and/or protect us or a third party against the risks of payment reversals, Chargebacks, claims, fees, fines, penalties, and other liability.

    You will remain liable for all obligations related to your Account (including your Reserve) or Sub-Account even after its closure.

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    10. Fees.

    a. Schedule of Services and Fees.

    Last Modified: January 6, 2014

    Unless you are a resident of an excluded state, or we otherwise waive or do not apply one or more fees in accordance with the terms of a program, special promotion or offer we may sponsor from time to time, we will impose the fees for the respective transactions set forth in the schedule below conducted through your Account as well as any Sub-Account(s) unless stated otherwise. All fees are in U.S. Dollars and remain subject to change in our discretion and where notice is provided as required by Applicable Law.

    The schedule above sets forth fees we impose on the respective transactions.Other parties (such as merchants with respect to point of sale transactions, ATM operators or networks with respect to balance inquiries and access to funds in your Account, and other financial institutions with respect to transactions such as cash withdrawals at their branches) may impose separate fees on the same transactions and we make no accounting for those.

    We will deduct all applicable fees from the balance in your Account, or as applicable, Sub-Account, at the time of the imposition of the fees.

    b. Types of Transactions.

    (1)Personal Send Money Transaction.
    A "Personal Send Money Transaction” involves an individual who sends money to another individual (such as a friend, a relative, or a colleague) through the Serve Site (an online transaction) or a mobile application, that is NOT in connection with a purchase of goods or services or payment of a debt or amount owed to another. Examples of Personal Send Money Transactions are sending your children’s allowance to them. Any payment to a merchant, business, or any type of commercial entity or any payment sent in connection with the sale of goods or services or for payment on a debt or amount owed is not a Personal Send Money Transaction.

    (2)Personal Receive Money Transaction.
    A "Personal Receive Money Transaction” involves receiving money from another individual (such as a friend, a relative, or a colleague) through the Serve Site (an online transaction) or a mobile application, that is NOT in connection with a purchase of goods or services or payment of a debt or amount owed to another. Examples of a Personal Receive Money Transactions are receiving your allowance from your parents. Any payment received by a merchant, business, or any type of commercial entity or any payment received in connection with the sale of goods or services or receipt of a payment on a debt or amount owed is not a Personal Receive Money Transaction.

    (3)Purchase Send Money Transaction.
    A Purchase Send Money Transaction involves any transaction in which an individual in a consumer capacity sends money to another individual or an entity through the Serve Site or a mobile application: (a) for the purchase of goods or services; or (b) as a payment to a business, merchant or not-for-profit entity.

    (4)Purchase Receive Money Transaction.
    A Purchase Receive Money Transaction involves any transaction in which an individual receives money from another individual or entity through the Serve Site (an online transaction) or a mobile application: (a) in payment for the sale of goods or services; or (b) as a payment to a business, merchant or not-for-profit entity.

    (5) Card Transactions.
    When you use your Card or Sub-Account Card to make point of sale transactions at participating merchant locations or through a merchant’s online store, you will not be charged a fee by us for such transaction.

    If you use a Sub-Account Card to make a point of sale transaction at a participating merchant location or through a merchant’s online store, you must have Available Funds in your Sub-Account for the entire amount of the transaction and any applicable fee(s). The merchant or other third parties may impose additional fees for such transactions, which may be added to the cost of the transactions. For example, a merchant may impose a $1.00 fee for paying by a Card at the point of sale where permitted by Applicable Law.

    In the event you do not have sufficient Available Funds in your Account at the time the point of sale transaction or online store transaction is initiated with your Card to cover the cost of the transaction and any applicable fees, and you have chosen to have Back-Up Funding with permissions set to cover the amount needed for the transaction in question, then we will attempt to load funds to your Account from your eligible Back-Up Funding Source (or, where applicable, a combination of Back-Up Funding Sources), in an amount sufficient to cover the cost of the transaction and any applicable fees. IMPORTANT: this Back-Up Funding feature is not available for transactions conducted with Sub-Accounts or Sub-Account Cards. If such load(s) is successful and the newly loaded funds qualify as Available Funds in your Account (which may occur at or near the time the point of sale transaction at the participating merchant or online store transaction is initiated), then the point of sale transaction or online store transaction may be able to be successfully completed. Although we will attempt to do such loads where you have chosen Back-Up Funding, it is possible the transaction will still be declined, and you agree we have no responsibility in the event that any Card or Sub-Account Card transaction is declined where you do not have sufficient Available Funds in the Account (or Sub-Account where a Sub-Account Card is used) to cover the transaction and any applicable fees at the time you initiated the transaction.

    Fees apply when you withdraw funds from an ATM, as specified in Section 10. Additional fees may also be imposed by the ATM owner/operator (for which we make no accounting).

    Neither a Card nor Sub-Account Card can be used to make payments to other Users or entities on the Serve Site.

    (6) Serve Check Withdrawal.
    You may also withdraw funds from your Account by requesting a check to be issued to you at the mailing address we have on file for you. To request funds to be withdrawn from your Account via a check, please contact Customer Service.  It will take 7-10 business days to process the request. There currently are no fees charged to withdraw funds from your Account via check. Checks are void after 90 days. If you need to have a stop payment order placed on a check issued to you, please note that a stop payment can only be placed on a check that was issued within 90 days of the original stop payment request. Stop payments may be requested by calling or writing to Customer Service. There currently is no fee for stopping payment on a check.

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    11. Restricted Activities and Required Licenses.

    a. Restricted Activities.

    Your Account (including your Reserve), Card, Sub-Account and Sub-Account Card are non-transferable and may be used only by you or an Authorized User as provided in this Agreement. In addition, in using or accessing the Service, the Serve Site, your Account (including your Reserve), your Card, your Sub-Account or Sub-Account Card, you agree that you will not and you will have any Authorized User agree that such Authorized User will not:

    (1) Breach this Agreement or any other policy, terms of service, or agreement that you have agreed to with us;

    (2) Violate any Applicable Law;

    (3) Attempt to fund your Account with an ACH that is returned, revoked or otherwise unable to be processed;

    (4) Purchase or sell, or facilitate the purchase or sale of, illegal goods or services (including, but not limited to: unlawful sexually oriented materials or services and counterfeit products), unlawful gambling activities, fraud, money laundering, the funding of terrorist organizations, or the unlawful purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances;

    (5) Engage in or in furtherance of debt collection activities;

    (6) Provide false, inaccurate, or misleading information;

    (7) Fund or remit payroll, payroll deposits, wages, other forms of compensation (including incentive payments or bonuses), or any employee benefits;

    (8) Provide yourself or Authorized Users a cash advance from your credit card;

    (9) Send messages (to us, to your customers or the general public) which would be deemed abusive, harassing, offensive, obscene, racist, libelous, defamatory or threatening in nature or use the Service in connection with goods, materials or services related to such activities and behavior;

    (10) Unless permitted under Applicable Law, refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;

    (11) Infringe on our or any third party’s copyright, patent, trademark, trade secret, or other intellectual property rights;

    (12) Use any robot, spider, other automatic device, or manual process to monitor or copy the Serve Site;

    (13) Use the Service in a manner that results in or may result in complaints or Disputes;

    (14) Use your Account (including your Reserve), Sub-Account or the Service in a manner that we believe may be a violation of any applicable electronic payment network rules, card association or network rules, National Automated Clearinghouse Association rules or Applicable Law;

    (15) Allow your Account or Sub-Account to have a negative balance;

    (16) Use the Service for multi-level marketing or multi-level financial programs, including but not limited to, pyramid and matrix programs or ponzi schemes;

    (17) Use the Service to sell or distribute drug test circumvention aids or medical devices without proper authorization or licensing;

    (18) Use the Service to sell or distribute human or animal parts of organs, blood or other body fluids, or prohibited seeds or plants or other organisms in danger of extinction or otherwise prohibited by Applicable Law;

    (19) Use the Service to sell or distribute manuals, guides, instructions or information and/or equipment that violate Applicable Law by damaging or enabling unlawful access to software, servers, websites, or other protected property;

    (20) Use the Service to sell, promote or distribute health remedies or cures in connection with fraudulent or misleading claims as to their effectiveness;

    (21) Use the Service to sell or distribute bulk marketing tools such as email lists, software or other products enabling unsolicited messages;

    (22) Use the Service to sell, or attempt to sell or otherwise make available any items as may be specified by us from time to time;

    (23) Use the Service to sell or distribute mod chips or other devices for circumventing technical protection measures on digital devices (including those for unlocking phones or video game devices);

    (24) Obtain amounts that do not represent bona fide sales of goods or services or do not represent bona fide direct sales by you;

    (25) Use the Service in connection with financial services banks, credit unions, savings and loan associations, equities (defined as an instrument that signifies an ownership position, or equity, in a corporation, and represents a claim on its proportionate share in the corporation’s assets and profits, e.g., stocks, bonds, and securities), unit trusts, mutual funds, foreign exchange, and bureau de change; provided, however, that you may use the Service in connection with financial services related solely and exclusively to taxation, brokerage fees, leasing merchants, mortgage payments, condo down payments and financial advisor fees;

    (26) Use the Service to sell future services from merchants that provide investment on future maturity goods/services (greater than four (4) months for delivery) with an intention of gaining return on investment (e.g., wines/spirits or timber investment); provided, however, that you may use the Service in connection with future services related solely and exclusively to travel, membership services (e.g., magazine subscriptions), ticket sales to future events or real estate deposits;

    (27) Use the Service in connection with transactions involving wholesale currency (discounted currencies or currency exchanges, etc.), traveler’s checks, money orders or check cashing;

    (28) Use the Service to sell animal and wildlife products; burial artifacts; fireworks; hazardous materials; lock-picking devices; lottery tickets and game pieces; mailing lists and personal information; personal services that are illegal or sexual in nature; pesticides; recalled items; satellite and TV descramblers; slot machines; stocks and securities; stolen property and property with removed serial numbers; unauthorized copies of works of authorship; used undergarments; used cosmetics;

    (29) Use the Service to sell any items or material that are fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable; libelous or defamatory items or material; obscene, vulgar, offensive, pornographic, profane or sexually explicit or indecent items or materials (including any items or material which encourages conduct that would constitute a criminal offense);

    (30) Use the Service to sell items that otherwise violate this Agreement; and/or

    (31) Use the Service in connection with other activities of which we notify you.

    If you breach this Section 11.a or permit others to do so or conduct (or attempt to conduct) any transactions that we believe are not permitted by this Agreement (such as one of the activities set forth above) or Applicable Law, we may, at our sole discretion and without waiving any of our rights, freeze, close, cancel, suspend, or limit your use of your Account (including your Reserve), Sub-Account, Card, Sub-Account Card and/or your access to the Service.

    b. Required Licenses.

    There may be restrictions on, or licenses required for, the sale or purchase of certain goods and services. For example if you are in the business of purchasing jewels, precious stones and metals, you may be required to have a license to do so. It is your responsibility to ensure that you are properly licensed to sell or purchase the good or service being sold or purchased using the Service and that you comply with any restrictions relating to such sale or purchase.

    c. Negative Balance.

    You do not have the right to make transactions in amounts that exceed the Available Funds balance that is in your Account. If you are eligible for and have chosen to have Back-Up Funding on your Account, and you do not have sufficient Available Funds in your Account at the time you initiate the transaction, then we will attempt to load funds to your Account from your eligible Back-Up Funding Source (or, where applicable, a combination of Back-Up Funding Sources) or your Reserve, in an amount sufficient to cover the cost of the transaction and any applicable fees. If such load(s) is successful and the newly loaded funds qualify as Available Funds in your Account (which may occur at or near the time of the transaction), then the transaction may be able to be successfully completed. Although we will attempt to do such loads where you have chosen Back-Up Funding, it is possible the transaction will still be declined, and you agree we have no responsibility in the event the transaction is declined where you did not have sufficient Available Funds in the Account to cover the transaction and any applicable fees at the time you initiated the transaction.

    If, for any reason, a transaction is processed for more than the Available Funds in your Account, you are liable for that entire amount and agree to pay such negative balance to us immediately on demand. We reserve the right to automatically debit such negative balance from any linked Payment Funding Source.

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    12. Your Liability.

    a. Returned or Reversed Payments, Loads and/or Chargebacks.

    You are responsible for all returned or reversed payments, Chargebacks, claims, fines, penalties and other liability incurred by us, any other User(s), or a third party (including sellers and your wireless service provider) caused by or arising out of your breach of this Agreement and/or your use of the Service. You agree to reimburse us, our Affiliates, our third-party service providers and any other User(s) for any and all such liability.

    You acknowledge that Users may have Dispute rights pursuant to card association and network rules or otherwise, and we have the right (but not the obligation) to pass any applicable Chargebacks to you.

    We also have Chargeback rights if (i) a User questions, makes a claim or complaint about the amount that he or she agreed to pay when using the Service to purchase goods or services from you (”Disputed Amount”) or has rights under law or contract to withhold payments; (ii) a User denies making or authorizing the amount that he or she agreed to pay when using the Service to purchase goods or services from you; (iii) we believe that the payment transactions is invalid, involves misconduct or fraud (such as fraudulent use of a payment instrument), or otherwise violates Applicable Law or this Agreement; (iv) if you do not comply with this Agreement; or (v) as provided elsewhere in this Agreement.

    We will not be liable for actual or alleged fraudulent transactions over the Internet and we will have the right to Chargeback for those transactions. Additionally, if a Disputed Amount arises involving a transaction that is an Internet Electronic Delivery Transaction, we may Chargeback for the full amount of the transaction.

    You are solely responsible for all Disputes and for all returned or reversed payments, Chargebacks and claims related to payment transactions. If a payment you receive in your Account or Sub Account or a load of funds added to your Account or Sub-Account is subject to a claim, Dispute, reversal, or Chargeback or is otherwise returned in any manner for any reason whatsoever, you agree that we may, in our sole discretion, conduct an inquiry into the transaction, and you agree to cooperate with us and to submit any information we may reasonably request to the extent permitted by Applicable Law.

    If we determine in our sole discretion that the subject transaction is to be properly reversed we may Chargeback, we may reverse the payment or deduct, withhold, recoup from or offset it against our payments to you (or debit your Account or as applicable, Sub-Account) or we may notify you of your obligation to pay us, which you must do promptly and fully. In addition, you agree that we may immediately remove such amounts from the balance in your Account or Sub-Account.

    If you have insufficient funds in your Account or Sub-Account, your Account will have a negative balance, and you will be required to immediately add funds to your Account to eliminate such negative balance. We may also engage in other efforts to recover such amounts from you, such as collecting the amount of your negative balance (along with any applicable fees) from any one or more of your linked Payment Funding Sources or Reserve. We will not refund any applicable fee set forth in Section 10, or any other fees or assessments.

    b. Taxes.

    As a result of new IRS rules, TRS may be required to report to the IRS and to you on Form 1099K the gross amount paid to you and received into your Account and, as applicable, Sub-Account(s). In order to carry out this required reporting, TRS will require your correct legal name and correct and valid Taxpayer Identification Number (usually your Social Security Number or Employer Identification Number) and, in some cases, a valid and complete Form W-9. Where you do not supply correct information, the IRS notifies us that it does match its records, or as otherwise required by Applicable Law, we will be required to back up withhold 28% of gross payments made to your Account. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive and amounts you need to collect, report, or remit to the appropriate tax authority.

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    13. Erroneous Transactions or Questions About Transactions.

    IF YOUR CARD OR SUB-ACCOUNT CARD IS LOST OR STOLEN, NOTIFY US AT ONCE.

    Contact us via the methods described in Section 19.a as soon as you can if you think your periodic statement or receipt/transaction confirmation is incorrect or if you need more information about a transaction listed on a statement or receipt. We must hear from you no later than sixty (60) days after we made available the FIRST statement (online at the Serve Site) on which the problem or error appeared. When notifying us, you must: (a) tell us your name, address, and Account (or Reserve) or, if applicable, Sub-Account number; (b) describe the error or the transaction you are unsure about and explain 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 contact us by phone, 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, however, we need more time, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) business days for the amount you think is in error so that you will have the use of the funds during the time it takes us to complete the investigation. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your Account during the time it takes us to complete the investigation. For errors involving new accounts, point-of sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or questions. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error. We will tell you the results of our investigation within three (3) business days after completion, and we will correct any error promptly. If we decide that no error occurred, we will send you a written explanation. You may request copies of the documents that we used in our investigation.

    ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH YOUR CARD OR ACCOUNT INVOLVING TRANSFERS FROM YOUR BANK ACCOUNT TO FUND YOUR ACCOUNT MUST BE DIRECTED TO US AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR BANK ACCOUNT; for such transactions, we are responsible for the Service and for resolving any errors involving transactions made with your Card or Account. Serve transactions involving debits or credits to your Bank Account will appear on the statements issued by your bank. You should check your Serve receipts and statement against the Bank Account statement you receive from your bank. If you have any questions about one of these transactions, call Customer Service or write us.

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    14. Unauthorized Transactions.

    Serve provides all of the protections against unauthorized transactions, including all of the limitations on potential liability, that are required to be provided to holders of debit cards tied to checking accounts by applicable federal law, including Regulation E.

    Tell us AT ONCE if you believe someone has transferred or may transfer funds from your Account or Sub-Account without your permission or if you believe your Card or Sub-Account Card has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your Account or, where applicable, Sub-Account (an "Unauthorized Transaction”). Telephoning us at 1-800-954-0559 is the best way of keeping your possible losses down, but you may also contact us via the other methods set forth in Section 19.a.

    You may be liable for unauthorized use of your Account or Sub-Account. You will not be liable for unauthorized use that occurs after you notify us, orally or in writing, of the loss, theft, or possible unauthorized use. If you tell us within two (2) business days after you learn of the unauthorized use, you can lose no more than fifty dollars ($50) if someone used your Account or Sub-Account without your permission. If you do NOT tell us within two (2) business days after you learn of the unauthorized use, and we can establish we could have stopped someone from using your Account or Sub-Account without your permission if you had told us within such time period, you could lose as much as five hundred dollars ($500). If you are a California resident you will not be liable for the $500 amount described above for unauthorized use of your Card or Sub-Account Card in any event. If you are a New York resident, your liability for unauthorized use of your Card or Sub-Account Card will not exceed $50.

    Also, if your periodic statement lists transactions you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement is made available to you, you may not get back any money you lost if we can prove that we could have stopped someone from taking the money if you had told us within such period.

    If you cannot notify us within the time periods set forth above due to a good reason (such as a long trip or a hospital stay or you first contacted your bank that holds a Payment Funding Source to inquire as to a possible erroneous or Unauthorized Transaction), we may extend the time specified above for a reasonable period.

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    15. Our Rights & Liabilities.

    a. Transaction Limits.

    Based upon our review of your Account and the information you have provided us or we have otherwise obtained, we will set transaction limits for your use of your Account (including your Reserve) and any Sub-Account. These limits can be changed at any time by us in our discretion, with or without notice to you, EXCEPT AS REQUIRED BY APPLICABLE LAW.

    As a security measure for you and us, we may also decline authorizations for certain transactions when we believe your Account (including your Reserve), Sub-Account, Card or Sub-Account Card may have been compromised, the transaction is not consistent with your purchasing patterns, or you do not have Available Funds.

    We may also prohibit certain types of transactions where we believe fraud or misuse risk is higher.

    b. Requests for Funds Transfers.

    Users may send messages to transfer funds to, or request a funds transfer from, other individuals. Individuals receiving these requests are not obligated to accept or respond to a request, and we make no representation that any such requested transfer funds will occur or that it will be seen by, or responded to by, the other individual. You agree that we will not be liable for damages in connection with any failure of an individual to send funds in response to such a request, and have no obligation to review any such request or similar message.

    c. Liability for Failure to Make Transfers.

    If we do not complete a transaction to or from your Account (including your Reserve) or, as applicable, Sub-Account on time or in the correct amount in accordance with this Agreement, we may be liable for your losses or damages, subject to certain exceptions. We will not be liable, for instance, if: (a) through no fault of ours, you do not have enough Available Funds in your Account to complete a transaction; (b) our computer systems or other electronic terminal where you are making a transaction does not operate properly and you knew about the failure when you started the transaction; (c) an ATM where you are making a cash withdrawal does not have enough cash; (d) an ATM or a merchant refuses to honor a transaction using your Account, Sub-Account, Card or Sub-Account Card; (e) your wireless service provider refuses the transaction; (f) access to your Account (including your Reserve) or Sub-Account has been blocked after you reported your Card or Sub-Account Card lost or stolen; (g) there is a hold on the funds in your Account (including your Reserve) or Sub-Account or the funds in your Account (including your Reserve) or Sub-Account are subject to any legal process or other encumbrance restricting their use; (h) we have reason to believe the requested transaction or withdrawal is unauthorized; (i) circumstances beyond our control (such as fire, flood, terrorist attack, or national emergency) prevent the transaction, despite reasonable precautions that we have taken; (j) the transaction would violate the terms and conditions of this Agreement; or (k) there are other exceptions stated in this Agreement with you.

    d. Risk and Hold-Back.

    Notwithstanding anything to the contrary contained in this Agreement, if we believe there is risk associated with your Account or Sub-Account, we reserve the right, in our sole discretion, to the extent permitted by Applicable Law, to establish a Hold-Back, in addition to exercising any additional remedies available to us, up to and including termination of this Agreement, and/or take any other action that we determine is appropriate to protect against any such risk associated with your use of the Service, your Account or Sub-Account. We will establish a Hold-Back by one or more of the following methods, in accordance with our standard policies and procedures, as determined in our discretion: (i) withholding amounts, in whole or in part, from payment we otherwise would make to you under this Agreement, in amounts that we deem appropriate based on the perceived risk associated with your use of the Service (our primary means of establishing and maintaining a Hold-Back), (ii) placing a "hold” on any or all funds held in your Account(s) or any other accounts you hold with us or our Affiliates, or (iii) requiring you to deposit funds or other collateral with us, subject to our prior written approval.

    We may, in our sole discretion, increase the amount of the Hold-Back at any time so long as the amount of the Hold-Back does not exceed an amount sufficient, in our reasonable judgment, to satisfy any financial exposure or risk to us under this Agreement or exposure or risk to us or our Affiliates under any other agreement between you and us.

    We may, in our sole discretion, deduct and withhold from, and recoup and set-off against the Hold-Back: (i) any amounts you or any of your Affiliates owe us or any of our Affiliates under this Agreement or any other agreement between you and us; (ii) any costs incurred by us in connection with the administration of the Hold-Back, including collections and attorneys’ fees; and (iii) any costs incurred by us as a result of your failure to fulfill any obligations to us, or any of our Affiliates, including attorneys’ fees and our costs of handling Disputes.

    We may, in our sole discretion, take other reasonable actions to protect our rights and rights of any of our Affiliates, including changing the speed or method of payment for transactions, exercising Chargeback under any of our Chargeback programs, or charging you fees for Disputes. We may elect to notify you of the establishment of a Hold-Back.

    e. Suspension of Use; Cancellation; Closure.

    We, in our sole discretion, may limit your use of, suspend or terminate your privileges with respect to your Account (including your Reserve), Sub-Account, Card and/or Sub-Account Card with or without cause or notice, other than any notice required by Applicable Law. We will only close your Account if there are no funds remaining in your Account (including your Reserve) or Sub-Account, unless you specifically instruct us to close your Account or Sub-Account with funds remaining, in which case, any remaining funds will be escheated to the applicable state in accordance with Applicable Law. Closure of your Account will prohibit your access to the Service.

    If we decide to close or suspend use of your Account or Sub-Account (which closure will result in termination of your privileges with respect to the associated Card and/or Sub-Account Card), we will send an email to the primary email address we have in our records for you. Upon closure of your Account and/or Sub-Account (and termination of your privileges with respect to the associated Card and/or Sub-Account Card), you must immediately discontinue use of your Account and/or Sub-Account and associated Card and/or Sub-Account Card, as applicable. Our closure of your Account and/or Sub-Account (and termination of your privileges with respect to the associated Card and/or Sub-Account Card) will not affect your obligations under this Agreement.

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    16. Disclaimer of Warranties; Limitation of Liability.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW , WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU REGARDING THE SERVICE, THE SERVE SITE, THE PLATFORM, ACCOUNTS (INCLUDING A RESERVE), SUB-ACCOUNTS, CARDS, SUB-ACCOUNT CARDS, ANY FEATURE THEREOF, OR ANY SUBJECT MATTER COVERED BY THE SUBSTANCE OF THIS AGREEMENT , WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS . WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICE OR THE SERVE SITE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE SERVICE OR THE SERVE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE WILL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF TRANSACTIONS OR USE OF THE SERVICE OR THE SERVE SITE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.

    IN NO EVENT SHALL WE BE LIABLE FOR ANY CLAIMS OR DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF OUR EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE, BEYOND THE SUM OF $500 IN THE AGGREGATE . NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE , IN NO EVENT SHALL WE OR ANY OF OUR DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY (i) COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, WHETHER ARISING DIRECTLY OR INDIRECTLY,EVEN IF WE OR ANY OF OUR DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, OR REPRESENTATIVES HAVE BEEN ADVISED SUCH DAMAGES MIGHT OCCUR.

    NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT OUR LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. The laws of certain states or other jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply, some or all of the above exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement.

    THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT OR USE THE SERVICE OR THE SERVE SITE.

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    17. Transaction History, Notices & Communications.

    a. Periodic Statements.

    Periodic statements will be made available to you electronically on a monthly basis at no charge. Electronic statements will be available for twenty-four (24) months from when we make the statement first available to you for viewing. You can also view transactions at any time online at no charge when you log into your Account or Sub-Account, as applicable. If your Account or Sub-Account is closed, you will not be able to log in and view statements and must telephone us at the number listed in Section 19.a. If you would like to receive a paper copy of your electronic statement, you may write to us or call Customer Service. Subject to Applicable Law, you may be charged a fee for each paper copy you request.

    Account transaction history is available for the prior thirty (30) days while your Account is open.

    Subject to Applicable Law, we will retain transaction records for up to five (5) years from the date of the transaction.

    b. Notices.

    By registering for the Service and accepting the terms and conditions of this Agreement, you consent to receive notices and information (including legally-required notices and information which you may otherwise have the right to receive in paper form, except as otherwise specified in this Agreement and our E-Communications Disclosure) via email to the primary email address we have in our records for you and, if you have opted in on to receive the SMS Service, via text messages regarding the Service and your Account or, as applicable, Sub-Account, as well as the transfer of funds to and from your Account or, as applicable, Sub-Account. All notices and information sent to you via email and/or text message (where you have opted in to receive the SMS Service) will be deemed to be in writing and received by you when sent to you. You can manage your preferences for receiving messages from us by logging into your Account or, as applicable, Sub-Account, via your Account Profile on the Serve Site.

    c. Text Messages.

    In order to communicate with us via text or receive text messages from us, you must opt in to the applicable SMS Service on the Serve Site and specifically grant us permission to communicate with you via text message communications. See Section 6.b for more details.

    d. Telephone Monitoring/Recording.

    From time to time, we may monitor and/or record telephone calls between you and us to ensure the quality of our customer service or as required by Applicable Law.

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    18. Confidentiality and Disclosure of Information.

    We will disclose information to third parties about your Account (including your Reserve), Sub-Account, Card, Sub-Account Card transactions: (i) where it is necessary for completing transactions; (ii) in order to verify the existence and condition of your Account or Sub-Account for ourselves or for a third party, such as a credit bureau or merchant; (iii) in order to verify your identity or any accounts you hold (including wireless service accounts); (iv) in order to comply with government agency or court orders; (iv) if you give us your written permission; or (v) in accordance with our Privacy Notice and Privacy Statement, which can be found on the Serve Site. We may disclose your first name, last name and email address to the individual or User that you are seeking to transact with or are transacting with via Serve (e.g., if you initiate a Request Money transaction, we will share your first and last name and email address with the individual or User you are requesting the money from). We may also show your name in that User’s transaction history.

    Additionally, we may share your address and contact information with a merchant from whom you purchased goods/services using the Service to allow the merchant to process your order and perform any related customer service function.

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    19. Miscellaneous.

    a. Contact Information.

    You may contact us by calling American Express Serve Customer Service at 1-800-954-0559 or writing to us at American Express - Customer Relations, 4315 S. 2700 W., Salt Lake City, UT 84184-0440.

    b. Transactions Made in Foreign Currencies.

    Where permitted, if you use your Card or Sub-Account Card to make a purchase at an establishment or ATM withdrawal in a currency other than U.S. dollars, the transactions will be converted to U.S. dollars and you will also be charged a foreign currency conversion fee on the total U.S. dollar amount of your transaction as noted in Section 10. The exchange or currency conversion rate between the transaction currency and the billing currency will be either (i) a rate selected by us from the range of rates available in wholesale currency markets for the applicable central processing date or (ii) the government-mandated rate in effect for the applicable central processing date. The exchange or currency conversion rate on the transaction processing date may differ from the rate in effect at the time of the transaction or the date the transaction is posted to your Account or Sub-Account. You agree to accept the converted amount in U.S. dollars. Please note international access is not available to Accountholders residing in Vermont.

    c. Business Days.

    For purposes of this Agreement, business days are Monday through Friday, other than federal banking holidays.

    d. Change of Address.

    Tell us immediately if your U.S. mail or postal address changes or if your email address changes. If you do not notify us about an address change, information regarding your Account or Sub-Account may be mailed or emailed to the wrong person. Any notice we send to you shall be deemed delivered three (3) business days after mailing it to you at the last U.S. mail or postal address you provided for your Account or Sub-Account or one (1) business day after emailing it to you at the last primary email address you provided for your Account or Sub-Account. You agree we may accept changes of mail or postal address from the U.S. Postal Service.

    e. Unclaimed Property.

    If your Account or Sub-Account becomes inactive, we may be legally required to report the balance in your Account or Sub-Account as unclaimed property and forward the unclaimed funds to a state in accordance with Applicable Law. The specified period of time to report and send such funds in an inactive Account or Sub-Account to a state vary by state, but usually range between two (2) and five (5) years.

    f. Attorneys’ Fees and Costs.

    Except as may be provided in Section 20, you agree to pay all costs incurred by us or our successors or assigns in collecting unpaid indebtedness or in enforcing this Agreement, including attorneys’ fees and costs, as well as those costs, expenses and attorneys’ fees incurred in appellate, bankruptcy, and post-judgment proceedings, except to the extent such costs, fees, or expenses are prohibited by Applicable Law.

    g. Governing Law.

    This Agreement, the Service, and your Account (including your Reserve), Sub-Account, Card, and Sub-Account Card and any claim, Dispute or controversy arising from or relating to this Agreement, the Service, or your Account, Sub-Account, Card or Sub-Account Card are governed by and construed in accordance with the laws of the State of New York (without regard to its conflict of laws rules) and applicable federal law. The legality, enforceability, and interpretation of this Agreement and the amounts contracted for, charged, and received under this Agreement will be governed by such laws. This Agreement is entered into between you and us in New York.

    h. Waiver.

    To the extent permitted by Applicable Law, you waive and release us from all defenses, rights, and claims you have or may have against us arising from or relating to this Agreement, the Service, or your Account, Sub-Account, Card or Sub-Account Card or any use thereof.

    i. Delay of Rights.

    We can waive or delay enforcement of any of our rights under this Agreement without losing them.

    j. Void Where Prohibited.

    Not all services described in this Agreement are available to all persons or at all locations. We reserve the right in our sole discretion, to limit, restrict or prohibit 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.

    k. Non-Assignability.

    You may not assign or transfer this Agreement or any of your rights, obligations, duties, responsibilities, or liabilities under this Agreement without our prior written consent, and any attempt to the contrary without our prior written consent shall be null and void. This Agreement shall be binding on you and your respective executors, administrators, and permitted assigns. We may assign all or portions of our rights and obligations under this Agreement without your approval to any entity which acquires all or substantially all of our assets or to any Affiliate or successor.

    l. Severability.

    If any provision of this Agreement is determined to be invalid or unenforceable under any Applicable Law, the validity or enforceability of any other provision of this Agreement shall not be affected, and, in lieu of such invalid or unenforceable provision, there shall be added automatically, as part of this Agreement, a provision as similar in terms as may be valid and enforceable, if possible.

    m. Entire Agreement.

    This Agreement (including all agreements and policies referenced in 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.

    n. Survival.

    Sections 1, 12, 15, 16, 17, 18, 19 and 20 will survive: (i) if your Account (including your Reserve) and/or Sub-Account is closed; (ii) the bankruptcy of any party; and (iii) any permitted transfer, sale or assignment of this Agreement, if any.

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    20. Agreement to Arbitrate Disputes.

    This Section 20 sets forth the circumstances and procedures under which Claims (defined below) that arise between you and us will be resolved through binding arbitration. This means that neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Other rights that you would have in court also may not be available or may be limited in arbitration, including your right to appeal and your ability to participate in a class action. Nothing in this provision precludes you from filing and pursuing your individual Claim in a small claims court in your state or municipality, so long as that Claim is pending only in that court.

    a. Definitions.

    As used in this Section 20, the term "Claim” shall mean and include any claim, Dispute or controversy of every kind and nature, whether based in law or equity, between you and us arising from or relating to this Agreement, as well as any related or prior agreement that you may have had with us or the relationships resulting from any of the above agreements ("Agreements”), including the validity, enforceability or scope of this Section 20 or the Agreements. "Claim” also includes claims by or against any third party using or providing any product, service or benefit in connection with the Card or Sub-Account Card (including, but not limited to, third parties who accept the Card or Sub-Account Card, third parties who use, provide or participate in programs accessed with the Card or Sub-Account Card, enrollment services and rewards programs, debt collectors and all of their agents, employees, directors and representatives) if and only if, such third party is named as a co-party with you or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or us against the other. As used in this Section 20, "you” and "us” also includes any corporate parent, or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors and representatives of any of the foregoing, and any third party using or providing any product, service or benefit in connection with the Card or Sub-Account Card.

    b. Initiation of Arbitration Proceeding/Selection of Administrator.

    Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Section 20 and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed (the "Code”), except to the extent the Code conflicts with this Agreement. Claims shall be referred to either JAMS ("JAMS”) or the American Arbitration Association ("AAA”), as selected by the party electing to use arbitration. If a selection by us of either of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitration administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614; www.jamsadr.com, and/or AAA at 335 Madison Avenue, New York, NY 10017, www.adr.org. In addition to the arbitration organizations listed above, Claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sections 1-16, provided that any such arbitration organization and arbitrator(s) will enforce the terms of the Restrictions on Arbitration provision set forth below.

    c. Class Action Waiver and Other Restrictions.

    Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to Claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any Dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement (including the "Continuation” provision below), and without waiving either party’s right of appeal, if any portion of this "Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Section 20 (other than this sentence) shall not apply.

    d. Arbitration Procedures

    This Section 20 is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended ("FAA”), and the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law. Federal or state rules of civil procedure or evidence shall not apply. Written requests to expand the scope of discovery rest within the arbitrator’s sole discretion and shall be determined pursuant to the applicable Code. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the written arbitral award may be entered in any court having jurisdiction. Subject to the right of appeal under the FAA, the arbitrator’s written decision will be final and binding unless you or we take an appeal from the award by making a dated, written request to the arbitration organization within thirty (30) days from the date of entry of the written arbitral award. A three-arbitrator panel administered by the same arbitration organization shall consider anew any aspect of the award objected to by the appellant, conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appellant’s written notice. The panel’s majority vote decision shall be final and binding.

    e. Location of Arbitration/Payment of Fees.

    The arbitration shall take place in the federal judicial district of your residence. Irrespective of who prevails in arbitration, you will only be responsible for paying your share, if any, of the arbitration fees required by the applicable Code, which amount shall not exceed the filing fees you would have incurred if the Claim had been brought in the appropriate state or federal court closest to your residence. We will pay the remainder of any arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of the arbitration fees. Waivers also may be available from the JAMS or AAA.

    f. Continuation

    This Section 20 shall survive termination of this Agreement, your Account, Sub-Account or the relationship between you and us concerning your Account or Sub-Account, any permitted transfer, sale, or assignment of your Account or Sub-Account, or any amounts owed on your Account or Sub-Account, to any other person or entity as well as voluntary payment in full of any shortages, any debt collection proceeding by or between you and us, and any bankruptcy by you or us. If any portion of this Section 20, except the "Class Action Waiver and Other Restrictions” provision above, is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Arbitration Provision, this Agreement or any predecessor agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

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    21. Definitions.

    For purposes of this Agreement, the following defined terms shall have the meanings set forth below:

    a. “Account” means an account established in connection with the Service.

    b. “Accountholder” means the individual who registered for and established an Account.

    c. “Affiliate” means a person or entity that directly or indirectly controls, is controlled by, or is under common control with us, including our subsidiaries.

    d. “Applicable Law” means all applicable local, state, federal, and foreign laws, regulations, ordinances, and statutes, as well as any applicable rules, policies, and procedures established by the National Automated Clearinghouse Association or any applicable electronic payment network or card association or network.

    e. “ATM” means automated teller machine.

    f. “Authorized User” means you and any other person whom you have authorized to use or access your Account or Card, including, as applicable, any Sub-Account User or Sub-Account Card User.

    g. “Card” means any card, account number, barcode, digital representation, or other access device issued by us to you for the purpose of conducting transactions on your Account through the Service, including any card that is co-branded with the Serve logo and that of another entity.

    h. “Charge” means a purchase or a payment made with a Card.

    i. “Chargeback” when used as a verb, means our reimbursement from you for the amount of a Charge subject to such right or the reversal of a Charge for which we have not paid you; when used as a noun, means the amount of a Charge subject to reimbursement from you.

    j. “Dispute” means a Charge or transaction about which a claim, complaint, or question has been brought.

    k. “Hold-Back” means a fund established and/or collateral held by us as security for your obligations to us or any of our Affiliates under this Agreement or any other agreements.

    l. “Internet Electronic Delivery Transaction” means a transaction which occurs when goods or services are ordered online and electronically delivered online (e.g., images or software downloads, virtual goods).

    m. “ISIS Mobile Wallet” refers to a downloadable mobile software application made available by JVL Ventures, LLC that allows you to add certain Cards and to pay for goods and services at participating merchants using your supported near field communication-enabled mobile device in lieu of the physical Card. Use of the Isis Mobile Wallet is subject to applicable terms and conditions.

    n. “Payment Funding Source” shall have the meaning set forth in Section 5.b.

    o. “Reserve” has the meaning set forth in Section 8.b.

    p. “Serve Mobile Application” means the software application we provide that may be downloadable to any one or more of your mobile devices (e.g., wireless telephones, tablets and smart phones).

    q. “Serve Site” means the Serve website, currently located at www.serve.com.

    r. “Service” means the service provided by us which, among other things, facilitates the ability to make payments and transfer funds online and offline using electronic payment networks, allows Users to open, fund and manage stored-value accounts, and includes a Reserve, any widgets, applications, payment features and other mechanisms we now or in the future may provide and you may use to conduct such payments and transfers.

    s. “Sub-Account Card” means any card, account number, barcode, digital representation, or other access device issued by us for the purpose of conducting transactions through a Sub-Account.

    t. “Sub-Account User” means any person authorized to use a Sub-Account.

    u. “TRS” or “AXP” means American Express Travel Related Services Company, Inc.

    v. “User” means any person authorized to use the Service.

    w. “we,” “us,” and “our” refers to American Express Travel Related Services Company, Inc. and Serve Virtual Enterprises, Inc., a wholly-owned subsidiary of American Express Travel Related Services Company, Inc., and where applicable, their successors, assigns or service providers.

    x. “you” and “your” mean the individual who opens the Account or is authorized to use the Account, Card, or where applicable Sub-Account or Sub-Account Card.

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    22. Additional Plans and Services.

    As a Cardmember you are eligible to participate in the American Express Roadside Assistance® Program and the Purchase Protection*, as outlined on the following pages. Please note that, as a holder of the Card, you are a “Cardmember” for purposes of the Purchase Protection* Description of Coverage.

    *Purchase Protection is underwritten by AMEX Assurance Company, Administrative Office, Phoenix, AZ under Policy AX0951, Policy AX0952, Policy AX0956, or Policy PP-IND. For residents of GU, MP, FM, MH, and PW, the Plan is underwritten by Tokio Marine Pacific Insurance Limited, Hagatna, Guam under Policy CRCB000000105. Coverage is determined by the terms, conditions, and exclusions of the Policies applicable to your Card and is subject to change with notice. This document does not supplement or replace the Policy. Shipping and handling costs for the purchase will not be refunded. Certain purchases are not covered, e.g. items lost by Card Member, consumable and perishable items, motorized vehicles, and items damaged partially or entirely by natural disaster or normal wear and tear. Other important exclusions apply. You will only be reimbursed for the amount charged to your eligible Card; coverage is limited up to $1,000 per occurrence; not to exceed $50,000 per Card Member account per calendar year. You may be required to send the purchased item to us, in which case we will reimburse you for shipping cost. To be eligible for claim payment, your account must be in good standing. This product provides secondary coverage. This means it pays eligible benefits not paid by any primary insurance that you have. For full Terms and Conditions, see americanexpress.com/PPterms.

    a. THE AMERICAN EXPRESS ROADSIDE ASSISTANCE PROGRAM

    The information below summarizes the terms and conditions of the American Express® Roadside Assistance program ("Roadside Assistance"). Through Roadside Assistance, American Express may arrange for six (6) basic emergency roadside services to be provided to Cardmembers: (i) towing to nearest available repair shop or preferred destination depending on provider availability; (ii) winching; (iii) jumpstarts when a battery is dead; (iv) delivery of up to two (2) gallons of gas; (v) locksmith service if keys are locked in the car; and, (vi) changing of a flat tire if the car has a workable spare. All costs associated with these emergency roadside services are the responsibility of the Cardmember. These services are available when a Cardmember is present with the vehicle.

    Services are available regardless of mileage from primary residence when traveling within the United States, Canada and Puerto Rico. If you need further information, please call the number on the back of your Card.

    Description of Benefits

    Services under the Roadside Assistance Program are provided only for self-propelled, four-wheel vehicles designed, licensed, and used for non-public on-road transportation, or private trucks (including SUVs) with a carrying capacity of up to 2 tons. In the event a Cardmember needs emergency roadside services, the Cardmember should call the number on the back of their Card or Roadside Assistance directly toll-free at 1-877-458-7304. All costs associated with the emergency roadside services are due at time of service.

    • This is a dispatch service only; Cardmembers are responsible for the costs charged by service providers.
    • Services are available regardless of mileage from primary residence when traveling within the United States, Canada and Puerto Rico.
    • Should a Cardmember require emergency towing, flat tire repair, battery boost, fuel delivery or emergency lock out service, a quick call to the number on the back of the Card will initiate reliable roadside assistance to the Cardmember.
    • These services are available when a Cardmember is present with the vehicle.

    Exclusions

    Roadside Assistance is provided as an emergency roadside service only and is not for general automobile maintenance. Locksmith service does not include microchip or transponder keys.

    Termination or Cancellation

    Coverage will cease on the earliest of the following:

    1. the date you no longer maintain a permanent residence in the 50 United States of America, the District of Columbia, Puerto Rico or the U.S. Virgin Islands;

    2. the date we determine that you or someone on your behalf intentionally misrepresented facts or fraud occurred relating to your use of Roadside Assistance;

    3. the date the benefit is cancelled;

    4. the date you are no longer a Cardmember

    5. the date the benefit is not available in the location where you maintain a permanent residence.

    American Express has the right to cancel Roadside Assistance at any time by sending a written notice at least forty five (45) days in advance to you at your last known address. The notice will include the reason for cancellation.

    b. PURCHASE PROTECTION

    DESCRIPTION OF COVERAGE

    Underwritten by AMEX Assurance Company

    Administrative Office, P.O. Box 53701 Phoenix, AZ 85072-9872

    Purchase Protection can provide coverage for your eligible purchases for ninety (90) days from the date of purchase when you charge any portion of the price of the eligible purchased item to Your Account. You will be reimbursed only for the amount charged to Your Account. (See Description of Benefits section).

    DEFINITIONS

    Certain words used in this Description of Coverage are capitalized throughout and have special meanings. Wherever used herein, the singular shall include the plural, the plural shall include the singular, as the context requires.

    Account means Your American Express Card Account.

    Cardmember means a person who has been issued a United States of America based proprietary American Express Card, which is Current and in Good Standing, and who has a Permanent Residence in the 50 United States of America, the District of Columbia, Puerto Rico or the U.S. Virgin Islands.

    Covered Incident means the theft of, or damage, whether by accident or vandalism, to any one item of property purchased worldwide as a gift or for personal or business use and charged to Your Account.

    Company means AMEX Assurance Company, and its duly authorized agents.

    Current and in Good Standing means a Cardmember Account for which the monthly minimum requirement has been paid prior to the date in which the claim is payable.

    Master Policyholder means American Express Travel Related Services Company, Inc.

    Permanent Residence means the one primary dwelling place where the Cardmember resides and to which they intend to return.

    Plan means the Policy and the benefits described therein.

    Platinum Cardmember means a Cardmember who has a Platinum Charge Card (required to be paid in full monthly), a Corporate Platinum Card, or a Fidelity American Express Platinum Card. Any other Card which may reference the Platinum name or has Platinum colored plastic will not receive higher coverage limits or benefits.

    Policy means the Group Insurance Master Policy (AX0951 issued to American Express Travel Related Services Company, Inc.).

    We, Us, Our means the Company.

    You, Your means the Cardmember.

    DESCRIPTION OF BENEFITS

    We will pay you the expense charged to Your Account up to $1,000 for any one Covered Incident and up to $50,000 for all Covered Incidents during a calendar year. Purchase Protection provides benefits, for ninety (90) days from the date of purchase, if a Covered Incident occurs with respect to property you purchased and charged to Your Account. Our benefit payment will not include shipping and handling expenses or installation, assembly, professional advice, maintenance or other service charges or any product rebates, discounts or money received from lowest price comparison programs that reduced the original cost of the property.

    Our payment of any eligible benefit amount is further contingent upon Your Account being Current and in Good Standing. Only a Cardmember has a legal and equitable right to any insurance benefit that may be available under this Plan.

    EXCLUSIONS

    Benefits are not payable if the loss for which coverage is sought was directly or indirectly, wholly or partially, contributed to or caused by:

    1. war or any act of war, whether declared or undeclared;

    2. any activity directly related to and occurring while in the service of any armed military force of any nation state recognized by the United Nations;

    3. participation in a riot, civil disturbance, protest or insurrection;

    4. violation of a criminal law, offense or infraction;

    5. natural disasters, including, but not limited to, hurricanes, floods, tornados, earthquakes or any other event in the course of nature, that occurs at the same time or in separate instances;

    6. fraud or abuse or illegal activity of any kind by the Cardmember;

    7. confiscation by any governmental authority, public authority, or customs official;

    8. negligent failure of a duty to care by any third party in whose possession the property purchased by a Cardmember has been temporarily placed;

    9. not being reasonably safeguarded by You;

    10. theft from baggage not carried by hand and under Your personal supervision or under the supervision of a traveling companion known by You;

    11. damage through alteration (including, but not limited to, cutting, sawing and shaping);

    12. normal wear and tear, inherent product defect or manufacturer’s defects or normal course of play;

    13. damage or theft while under the care and control of a common carrier;

    14. food spoilage;

    15. leaving property at an unoccupied construction site; or

    16. purchases lost or misplaced.

    For residents of Washington, the first paragraph of this section is removed and replaced with the following: We will not pay for loss caused by any of the excluded events described below. Loss will be considered to have been caused by an excluded event if the occurrences of that event directly and solely results in loss, or initiates a sequence of events that result in loss, regardless of the nature of any intermediate or final event in that sequence.

    PURCHASES NOT COVERED

    The following purchases are not covered:

    1. travelers checks, tickets of any kind, negotiable instruments (including, but not limited to, gift certificates, gift cards and giftchecks), cash or its equivalent;

    2. animals or living plants;

    3. rare stamps or coins;

    4. consumable or perishable items with limited life spans (including, but not limited to, perfume, light bulbs, batteries);

    5. antique or previously owned items;

    6. motorized vehicles and watercraft, aircraft, and motorcycles or their motors, equipment, parts or accessories;

    7. lost, stolen, or damaged property consisting of articles in a pair or set. Coverage will be limited to no more than the value of any particular part or parts, unless the articles are unusable individually and cannot be replaced individually, regardless of any special value they may have had as part of a set or collection;

    8. items purchased for resale, professional, or commercial use;

    9. permanent household and/or business fixtures, including, but not limited to, carpeting, flooring and/or tile;

    10. business fixtures, including, but not limited to, air conditioners, refrigerators, heaters; and

    11. hospital, medical and dental equipment and devices.

    CLAIMS PROVISIONS

    If You experience a loss for which You believe a benefit is payable under this Plan, You must provide both Notice of Claim and Proof of Loss. To insure prompt processing of Your claim, report any theft or damage immediately following the date of the Covered Incident, including for gifts purchased with the Card. Retain Your receipts and Your damaged property (if applicable) until the claim process is complete.

    Notice of Claim

    Notice of Claim should be provided to Us within thirty (30) days of the loss. You may contact Us by calling toll-free stateside 1-800-322-1277 or, if from overseas, by calling collect 1-303-273-6498. You may also write to Us at Purchase Protection, PO Box 402, Golden CO 80402-0402.

    Failure to provide Notice of Claim within thirty (30) days will not invalidate a claim or reduce any benefit payment that may be found to be eligible, if it can be shown that it was provided as soon as reasonably possible. At the time You provide Us with Notice of Claim, We will assist You with Your Proof of Loss by providing You with instructions and/or documents, which You may have to complete and return to Us. You are required to cooperate with Us and provide documentation as requested by Us which is required and necessary to process Your claim and determine if benefits are payable. For residents of Missouri, no claim will be denied based upon Your failure to provide notice within such specified time, unless this failure operates to prejudice the right of Us.

    Proof of Loss

    Proof of Loss requires You to send Us all the information We request, at Your expense, in order that Your claim may be evaluated and that We may make a determination as to whether the claim may be paid. You must provide Us with satisfactory Proof of Loss within thirty (30) days (for residents of North Dakota sixty (60) days) after We have provided You with instructions and/or a claim form in response to Your Notice of Claim or Your claim may be denied. Your Proof of Loss documentation may be mailed to Us at the same address provided above for mailing Your Notice of Claim. We reserve the right to request all the information We deem necessary to determine that Your claim is payable, and We will not consider that We have received complete Proof of Loss until the information We have requested is received.

    Proof of Loss may require documentation consisting of, but not necessarily limited to, the following:

    1. a Purchase Protection Claim Form;
    2. the original itemized store receipt;
    3. the insurance declaration forms for Your other sources of insurance or indemnity (e.g., homeowner’s or renter’s insurance);
    4. a photograph of and/or repair estimate for the damaged property; and
    5. for theft and vandalism claims, a report regarding the stolen or vandalized property must be filed with the appropriate authority before You call to file a claim under Purchase Protection.

    No payment will be made on claims not substantiated in the manner required by Us.

    If all required documentation is not received within thirty (30) days (for residents of North Dakota sixty (60) days) of the date of the Covered Incident (except for documentation which has not been furnished for reasons beyond Your control), coverage may be denied. It is Your responsibility to provide all required documentation We request.

    You may be required to send in the damaged property at Your expense for further evaluation of Your claim. If requested, You must send in the damaged property within thirty (30) days (for residents of North Dakota sixty (60) days) from the date of Our request to remain eligible for coverage.

    Payment of Claim

    A claim for benefits provided by this Plan will be paid upon Our receipt and review of Your complete Proof of Loss documentation and Our determination that a claim is payable according to the terms of the Plan.

    Any payment made by Us in good faith pursuant to this or any other provision of this Plan will fully discharge Us to the extent of such payment.

    If other insurance is available to You which provides the same or similar coverage as that provided by this Plan, this Plan becomes excess and We will pay only that portion of the Covered Incident benefit which is not reimbursed by other insurance up to Our limits, as provided under the Description of Benefits section.

    GENERAL PROVISIONS

    Change of Permanent Residence

    If the change is to a different state, Your Policy provisions may be adjusted to conform to the requirements of that state.

    Clerical Error

    A clerical error made by the Company will not invalidate insurance otherwise validly in force nor continue insurance not validly in force.

    Conformity with State and Federal Law

    If a Plan provision does not conform to applicable provisions of State or Federal law, the Plan is hereby amended to comply with such law.

    Entire Contract; Representation; Change

    This Description of Coverage, the Policy and any applications, endorsements or riders make up the entire contract. Any statement You make is a representation and not a warranty. This Description of Coverage may be changed at any time by written agreement between the Master Policyholder and the Company. Only the President, Vice-President or Secretary of AMEX Assurance Company may change or waive the provisions of the Description of Coverage. No agent or other person may change the Description of Coverage or waive any of its terms. This Description of Coverage may be changed at any time by providing notice to You. A copy of the Policy will be maintained and kept by the Master Policyholder and may be examined at any time.

    Excess Coverage

    If any loss under this Policy is insured under any other valid and collectible policy, then this Policy shall cover such loss, subject to its exclusions, conditions, provisions and other terms herein, only to the extent that the amount of such loss is in excess of the amount of such other insurance which is payable or paid.

    Fraud

    If any request for benefits made under the Plan is determined to be fraudulent, or if any fraudulent means or devices are used by You or by anyone acting on Your behalf to obtain benefits, all benefits will be forfeited.

    We do not provide coverage to a Cardmember who, whether before or after a loss, has:

    1. concealed or misrepresented any fact upon which we rely, if the concealment or misrepresentation is material and is made with the intent to deceive; or

    2. concealed or misrepresented any fact if the fact misrepresented contributes to the loss.

    Legal Actions

    No legal action may be brought to recover against this Plan until sixty (60) days after Proof of Loss has been received by Us. No such action may be brought after three (3) years (for residents of Arkansas five (5) years and residents of Missouri ten (10) years) from the time written Proof of Loss is required to be given.

    If a time limit of this Plan is less than allowed by the laws of the state where You live, the limit is extended to meet the minimum time allowed by such law.

    Right of Recovery

    If We make a payment to You under this Plan and You recover an amount from another, equal to or less than Our payment, You shall hold in trust for Us the proceeds of the recovery and reimburse Us to the extent of Our payment. If Our payments exceed the maximum amount payable under the benefits of this Plan, We have the right to recover from You any amount exceeding the maximum amount payable.

    Subrogation

    In the event of any payment under this Policy, We shall be subrogated to the extent of such payment to all Your rights of recovery. You shall execute all papers required and shall do everything necessary to secure and preserve such rights, including the execution of such documents necessary to enable Us to effectively bring suit or otherwise pursue subrogation rights in Your name. You shall do nothing to prejudice such subrogation rights.

    We shall be entitled to a recovery as stated in these provisions only after You have been fully compensated for damages by another party.

    For residents of Louisiana, the Right of Recovery, Subrogation and Excess Coverage sections are revised to reflect: If the Company makes any payment under this Policy and the Cardmember has the right to recover damages from another, the Company shall be subrogated to that right. However, the Company’s right to recover is subordinate to the Cardmember’s right to be fully compensated.

    Termination or Cancellation

    Coverage will cease on the earliest of the following:

    1. the date You no longer maintain a Permanent Residence in the 50 United States of America, the District of Columbia, Puerto Rico or the U.S. Virgin Islands;

    2. the date We determine that You or someone on Your behalf intentionally misrepresented or fraud occurred;

    3. the date the Policy is cancelled;

    4. the date You are no longer a Cardmember;

    5. the date Your Account ceases to remain Current and in Good Standing; or

    6. the date the Plan is not available in the location where You maintain a Permanent Residence.

    Termination or Cancellation of coverage will not prejudice any claim originating prior to termination or cancellation subject to all other terms of the Policy. The Company has the right to cancel the Policy at any time by sending a written notice at least forty five (45) days in advance to You at Your last known address. The notice will include the reason for cancellation.

    IMPORTANT ADDITIONAL INFORMATION FOR YOU

    For those eligible and enrolled in the Membership Rewards® program, benefits are also paid when the purchased property is received through the redemption of a Membership Rewards redemption certificate. Payment or credit will not exceed the original assigned value of the property received through redemption of a Membership Rewards redemption certificate up to the stated limits, excluding shipping and handling expenses. Benefits will not be paid when a Membership Rewards redemption certificate has been transferred to a non-eligible Cardmember or non-Cardmembers.

    This Description of Coverage replaces any other Description of Coverage that You may have previously received for Purchase Protection.

    This Description of Coverage is an important document. Please read it and keep it in a safe place.

    The Cardmember can request a copy of the Master Policy by calling 1-800-322-1277.

    IN WITNESS WHEREOF, We have caused this Description of Coverage to be signed by Our officers:

    Steve C. Lindstrom Signature C. Ray Cliett Signature
    Steve C. Lindstrom
    President
    AMEX Assurance Company
    C. Ray Cliett
    Secretary
    AMEX Assurance Company

    PP-DOC-CCSG1 02/07

    APPLICABLE FOR RESIDENTS OF THE STATE OF ALASKA

    The opening paragraph in the Exclusion section is removed in its entirety and replaced with the following which is added and made part of the Description of Coverage:

    These exclusions do not apply if the dominate cause of a loss is a risk or peril that is not otherwise excluded. Benefits are not payable if the loss for which coverage is sought was directly or indirectly, wholly or partially, contributed to or caused by:

    The Legal Actions section is hereby removed in its entirety and replaced with the following which is added and made part of the Description of Coverage:

    LEGAL ACTIONS

    No legal action may be brought to recover against this Plan until sixty (60) days after Proof of Loss has been received by Us. No such action may be brought after three (3) years from the time Proof of Loss is required to be given. If there are any claims the three year timeframe does not begin to run until after the claim has been denied.

    PP/EW-RDR1-AK 06/07

    APPLICABLE FOR RESIDENTS IN THE STATES OF ARIZONA & INDIANA

    Purchase Protection is governed by form numbers PP-IND-CCSG1 07/07, PP-IND-CCSG2 07/07, PP-IND-OSBN1 07/07, PP-IND-OSBN2 07/07 and PP-IND-End2 09/08.

    References to Description of Coverage and Master Policy throughout the above form have been changed to Policy.

    The definitions of Master Policyholder and Plan are hereby removed.

    The following definitions are added to the Definitions section.

    American Express® Card means any credit or charge card bearing an American Express trademark or logo issued by American Express Travel Related Services Company, Inc. or its subsidiaries or affiliates or any of their licensees which can be used to purchase goods or services at merchants on the American Express Network and which American Express Travel Related Services Company, Inc. designates as eligible for coverage under the Policy.

    Policy as used throughout means this contract issued to the Cardmember providing the benefits described herein.

    The following provision is added to the General Provisions section.

    ASSIGNMENT

    No assignment will be acknowledged until it has been received by the Company. The Company does not make any acknowledgement of the effectiveness of an assignment or accept any responsibility for the validity or legality of any assignment.

    In all other respects, the provisions and conditions of the Policy remain the same.

    APPLICABLE FOR RESIDENTS IN THE STATES OF INDIANA

    Indiana Residents Only:

    Questions regarding your policy should be directed to:

    AMEX Assurance Company

    800-322-1277

    If you (a) need the assistance of the governmental agency that regulates insurance or (b) have a compliant you have been unable to resolve with your insurer you may contact the Department of Insurance by mail, telephone or email:

    State of Indiana Department of insurance Consumer Services Division

    311 West Washington Street, Suite 300 Indianapolis, IN 46204-2787.

    Consumer Hotline: 1-800-622-4461. In the Indianapolis Area 1-317-232-2395.

    Complaints can be filed electronically at www.in.gov/idoi

    APPLICABLE FOR RESIDENTS OF THE STATE OF KENTUCKY

    In the Termination or Cancellation section the following is removed:

    The Company has the right to cancel the Policy at any time by sending a written notice at least forty five (45) days in advance to You at Your last known address. The notice will include the reason for cancellation.

    And replaced with the following:

    The Company has the right to cancel the Policy at any time by sending a written notice at least seventy-five (75) days in advance to You at Your last known address. The notice will include the reason for cancellation.

    PP/EW-RDR1-KY 05/07

    APPLICABLE FOR RESIDENTS OF THE STATE OF NEW HAMPSHIRE

    The Description of Coverage is subject to laws of the State of New Hampshire. Any contract changes will be submitted for approval in the State of New Hampshire. Contract changes will not be transacted between the Master Policy and the insurer per NH RSA412:5 I.

    In the Conformity with State and Federal Law section the following is removed:

    If a Plan provision does not conform to applicable provisions of State or Federal law, the Plan is hereby amended to comply with such law.

    And replaced with the following:

    If a Plan provision does not conform to applicable provisions of the State of New Hampshire or Federal law, the Plan is hereby amended to comply with such law.

    The following is added at the end of the Fraud section of Your Description of Coverage:

    Concealment, misrepresentation, and fraud can only applied to a claim to which it is material and coverage may not be denied to any Cardmember who had no knowledge of or participation in any concealment, misrepresentation or fraud.

    Concealment, misrepresentation, and fraud do not void the policy and must be an international act on behalf of You. We will not deny coverage under the Policy if this occurs. If You are without knowledge or participation in a fraudulent act they are not subject to denial of coverage under this section. This section only applies to a claim to which it is material and coverage may not be denied to You if You had no knowledge of or participation in any concealment, misrepresentation or fraud.

    In the Termination or Cancellation section the following is removed:

    2. the date We determine that You or someone on Your behalf intentionally misrepresented or fraud occurred; And replaced with the following:

    2. discovery of fraud or material misrepresentation by the named insured in pursuing a claim under the Policy;

    In the Termination or Cancellation section the following is removed: The Company has the right to cancel the Policy at any time by sending a written notice at least forty five (45) days in advance to You at Your last known address. The notice will include the reason for cancellation.

    And replaced with the following:

    The Company has the right to cancel the Policy by sending a written notice at least sixty (60) days in advance to You at Your last known address. The notice will include the reason for cancellation.

    PP/EW-RDR1-NH 01/08

    APPLICABLE FOR RESIDENTS OF THE STATE OF OKLAHOMA

    The following is added to your Description of Coverage: WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.

    PP/EW-RDR1-OK 07/07

    APPLICABLE FOR RESIDENTS OF THE STATE OF OREGON

    In the Exclusions section the following are removed:

    4. violation of a criminal law, offense or infraction;

    6. fraud or abuse or illegal activity of any kind by the Cardmember;

    The Proof of Loss section is hereby removed in its entirety and replaced with the following:

    PROOF OF LOSS

    Proof of Loss requires You to send Us all the information We request, at Your expense, in order that Your claim may be evaluated and that We may make a determination as to whether the claim may be paid. You must provide Us with satisfactory Proof of Loss within ninety (90) days after We have provided You with instructions and/or a claim form in response to Your Notice of Claim or Your claim may be denied. Your Proof of Loss documentation may be mailed to Us at the same address provided above for mailing Your Notice of Claim. We reserve the right to request all the information We deem necessary to determine that Your claim is payable, and We will not consider that We have received complete Proof of Loss until the information We have requested is received.

    Proof of Loss may require documentation consisting of, but not necessarily limited to, the following:

    1. Purchase Protection Claim Form;

    2. the original itemized store receipt;

    3. the insurance declaration forms for Your other sources of insurance or indemnity (e.g., homeowner’s or renter’s insurance);

    4. a photograph of and/or repair estimate for the damaged property; and

    5. or theft and vandalism claims, a report regarding the stolen or vandalized property must be filed with the appropriate authority before You call to file a claim under Purchase Protection.

    No payment will be made on claims not substantiated in the manner required by Us.

    If all required documentation is not received within ninety (90) days of the date of the Covered Incident (except for documentation which has not been furnished for reasons beyond Your control), coverage may be denied. It is Your responsibility to provide all required documentation We request.

    You may be required to send in the damaged property at Your expense for further evaluation of Your claim. If requested, You must send in the damaged property within ninety (90) days from the date of Our request to remain eligible for coverage.

    PP-RDR1-OR 05/07

    APPLICABLE FOR RESIDENTS OF THE STATE OF SOUTH DAKOTA

    The Legal Actions section is hereby removed in its entirety and replaced with the following:

    Legal Actions: No legal action may be brought to recover against this Plan until sixty (60) days after Proof of Loss has been received by Us. No such action may be brought after six (6) years from the time Proof of Loss is required to be given.

    PP/EW-RDR1-SD 05/07

    APPLICABLE FOR RESIDENTS OF THE STATE OF TEXAS

    Purchase Protection is governed by form numbers PP-IND-TX 07/07 and PP-IND-End2 09/08 References to Description of Coverage and Master Policy throughout the above form have been changed to Policy.

    The definitions of Master Policyholder and Plan are hereby removed.

    The following definitions are added to the Definitions section.

    American Express® Card means any credit or charge card bearing an American Express trademark or logo issued by American Express Travel Related Services Company, Inc. or its subsidiaries or affiliates or any of their licensees which can be used to purchase goods or services at merchants on the American Express Network and which American Express Travel Related Services Company, Inc. designates as eligible for coverage under the Policy.

    Policy as used throughout means this contract issued to the Cardmember providing the benefits described herein.

    The following was added to the end of the Payment of Claim provision

    Within fifteen (15) days after We receive Your Notice of Claim, We will:

    1. acknowledge receipt of claim. If We do not acknowledge receipt of the claim in writing, We will keep a record of the date, method and content of the acknowledgement;

    2. begin an investigation of the claim; and

    3. request a signed, sworn Proof of Loss, specify the information You must provide and supply You with the necessary forms. We may request more information at a later date, if during the investigation of the claim such additional information is necessary.

    We will notify You in writing as to whether:

    1. the claims or part of the claim will be paid;

    2. the claim or part of the claim has been denied, and inform You of the reasons for denial, more information is necessary; or We need additional time to reach a decision. If We need additional time, We will inform You of the reasons for such need.

    We will pay for covered loss or damage within five (5) business days after:

    1. We have notified You that payment of the claim or part of the claim will be made and have reached agreement with You on the amount of loss; or

    2. an appraisal award has been made. However, if payment of the claim or part of the claim is condition on Your compliance with any of the terms of this Coverage part, We will make payment within five (5) business days after the date You have complied with such items.

    The following provision is added to the General Provisions section.

    ASSIGNMENT

    No assignment will be acknowledged until it has been received by the Company. The Company does not make any acknowledgement of the effectiveness of an assignment or accept any responsibility for the validity or legality of any assignment.

    In all other respects, the provisions and conditions of the Policy remain the same.

    IMPORTANT NOTICE AVISO IMPORTANTE
    FOR TEXAS RESIDENTS PARA LOS RESIDENTES DE TEXAS
    TO OBTAIN IMFORMATION OR MAKE A COMPLAINT: PARA OBTENER INFORMACION O PARA SOMETER UNA QUEJA:
    You may call AMEX Assurance’s toll-free telephone number for information or to make a complaint at: Usted puede llamar al numero de telefono gratis de AMEX Assurance Company’s para informacion o para someter una queja al:
    1-800-322-1277 1-800-322-1277
    You may also write to AMEX Assurance Company at: Usted tambien puede escribir a AMEX Assurance Company:
    AMEX Assurance Company
    MC: 080120, 20022 N. 31st Ave.
    Phoenix, AZ 85027
    AMEX Assurance Company
    MC: 080120, 20022 N. 31st Ave.
    Phoenix, AZ 85027
    You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al:
    1-800-252-3439 1-800-252-3439
    You may write the Texas Department of Insurance at: Puede escribir al Departamento de Seguros de Texas:
    P.O. Box 149104
    Austin, TX 78714-9104
    Fax# (512) 475-1771
    Web: http://www.tdi.state.tx.us
    Email: ConsumerProtection@tdi.state.tx.us
    P.O. Box 149104
    Austin, TX 78714-9104
    Fax# (512) 475-1771
    Web: http://www.tdi.state.tx.us
    Email: ConsumerProtection@tdi.state.tx.us
    PREMIUM OR CLAIM DISPUTES:
    Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
    DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI).
    ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto.

    NO-TX-PP 07/10

    APPLICABLE FOR RESIDENTS OF THE STATE OF VERMONT

    In the Termination or Cancellation section the following is removed:

    The Company has the right to cancel the Policy at any time by sending a written notice at least [forty five (45)] days in advance to You at Your last known address. The notice will include the reason for cancellation.

    And replaced with the following:

    We may cancel this policy only for the reasons stated in this condition by notifying you in writing of the date cancellation takes effect. This cancellation notice may be delivered to you, or mailed by certified mail to you at your mailing address shown in the Declarations except that in the case of cancellation for non-payment of premium, the cancellation notice will be by certified mail or certificate of mailing. Proof of mailing will be sufficient proof of notice.

    1) When you have not paid the premium, or there is a substantial increase in hazard, we may cancel at any time by notifying you at least 15 days before the date cancellation takes effect.
    (2) When this policy has been in effect for less than 60 days and is not a renewal with us, we may cancel for any reason by notifying you at least 45 days before the date cancellation takes effect.
    (3) When this policy has been in effect for 60 days or more or at any time if it is a renewal with us, we may cancel for one or more of the following reasons:
    (a) Non-payment of premium or substantial increase in hazard provided that in the case of substantial increase in hazard, we have secured approval for the cancellation from the commissioner of insurance. This can be done by notifying you 15 days before the date cancellation takes effect; or
    (b) Fraud or material misrepresentation affecting the policy or in the presentation of a claim, or violation of any provisions of the policy. This can be done by letting you know 45 days before the date cancellation takes effect.
    (4) When this policy is written for a period of more than one year, we may cancel for any reason at anniversary by letting you know at least 45 days before the date cancellation takes effect.

    Nonrenewal
    We may elect not to renew this policy. We may do so by delivering to you, or mailing by certified mail to you at your mailing address shown in the Declarations, written notice at least 45 days before the expiration date of this policy. Proof of mailing will be sufficient proof of notice.
    This condition does not apply:
    a. If we have manifested our willingness to renew; or
    b. In the case of non-payment of premium; or
    c. If you fail to pay any advance premium required by us for renewal; or
    d. If any insured property designated in the policy is insured under any other insurance policy.

    Renewal Of The Policy
    a. If we elect to renew this policy and have the necessary information to issue the renewal policy, we will confirm in writing at least 45 days prior to the expiration our intention to renew the policy and confirm the premium at which the policy is to be renewed.
    b. If we do not comply with the conditions set forth in the above paragraph, you will be granted renewal coverage at the rate or premium in effect on the expiration date, which has been approved by the Commissioner. This will be done on a pro rata basis and will continue for 45 days after his company confirms renewal coverage and premium. This provision will not apply if you accept the renewal policy.

    All other provisions of this policy apply.

    PP/EW-RDR1-VT 10/12

    Applicable for Residents of Your State

    In the Exclusion section, Exclusion number 16 is being added and made part of the Description of Coverage:

    16. Purchases lost or misplaced.

    Effective May 1, 2010, your certificate or policy is amended to reflect that Amex Assurance Company’s Administrative Office is changed to

    MC: 080120 P.O. Box 53701
    20022 N. 31st Avenue Phoenix, AZ 85072-9872
    Phoenix, AZ 85027  

    Effective May 1, 2010, your certificate or policy is amended to reflect that Amex Assurance Company’s Claim Administrative Office is changed to:

    P.O. Box 981553
    El Paso, TX 79998-9920

    All other terms of your certificate or policy remain unchanged.

    MG-ADCHG-END3 04/10

    FOR RESIDENTS OF PUERTO RICO

    DESCRIPTION OF COVERAGE

    Underwritten by AMEX Assurance Company
    Mailing Address: P.O. Box 53701 Phoenix, AZ 85072-9872
    Purchase Protection provides coverage for Your purchases for ninety (90) days from the date of purchase when You charge any portion of the price of the purchased item to Your Account. You will be reimbursed only for the amount charged to Your Account. (See Description of Benefits section.)

    DEFINITIONS

    Certain words used in this Description of Coverage are capitalized throughout and have special meanings. Wherever used herein, the singular shall include the plural, the plural shall include the singular, as the context requires.

    Account means Your American Express Card Account.

    Cardmember means a person who has been issued a United States of America based proprietary American Express Card, which is Current and in Good Standing, and who has a Permanent Residence in Puerto Rico.

    Covered item means any one item of property purchased worldwide as a gift or for personal or business use and charged to Your Account, except those specified under the Section titled Purchases Not Covered.

    Covered Incident means the theft of, or damage, whether by accident or vandalism, to any one item of property purchased worldwide as a gift or for personal or business use and charged to Your Account.

    1. Theft means the unlawful taking from the Cardmember, of the covered item of property purchased and charged to his/her Account
    2. Damage means the breaking, destruction and/or malfunction, whether by accident or vandalism of the covered item of property purchased and charged to the Cardmember Account
    3. Vandalism means the willful or malicious destruction by a person other than the Cardmember, of the covered item of property purchased and charged to his/her Account.
    4. Accident means the unforeseen and unplanned breaking, destruction and/or malfunction of the covered item of property purchased and charged to the Cardmember Account.

    Company means AMEX Assurance Company and its duly authorized agents.

    Current and in Good Standing means a Cardmember Account for which the monthly minimum requirement has been paid prior to the date in which the claim is payable.

    Master Policyholder means American Express Travel Related Services Company, Inc.

    Permanent Residence means the one primary dwelling place where the Cardmember resides and to which they intend to return.

    Plan means the Policy and the benefits described therein.

    Policy means the Group Insurance Master Policy issued to American Express Travel Related Services Company, Inc.

    We, Us, Our means the Company.

    You, Your means the Cardmember.

    DESCRIPTION OF BENEFITS

    We will pay You the expense charged to Your Account up to $1,000 for any one Covered Incident and up to $50,000 for all Covered Incidents during a calendar year. Purchase Protection provides benefits, for ninety (90) days from the date of purchase, if a Covered Incident occurs with respect to property You purchased and charged to Your Account. Our benefit payment will not include shipping and handling expenses or installation, assembly, professional advice, maintenance or other service charges or any product rebates, discounts or money received from lowest price comparison programs that reduced the original cost of the property.

    Our payment of any eligible benefit amount is further contingent upon Your Account being Current and in Good Standing. Only a Cardmember has a legal and equitable right to any insurance benefit that may be available under this Plan.

    EXCLUSIONS

    Benefits are not payable if the loss for which coverage is sought was directly or indirectly, wholly or partially, contributed to or caused by:

    1. war or any act of war, whether declared or undeclared;
    2. any activity directly related to and occurring while in the service of any armed military force of any nation state recognized by the United Nations;
    3. participation in a riot, civil disturbance, protest or insurrection;
    4. violation of a criminal law, offense or infraction;
    5. natural disasters, including, but not limited to, hurricanes, floods, tornados, earthquakes or any other event in the course of nature, that occurs at the same time or in separate instances;
    6. fraud or abuse or illegal activity of any kind by the Cardmember;
    7. confiscation by any governmental authority, public authority, or customs official;
    8. negligent failure of a duty to care by any third party in whose possession the property purchased by a Cardmember has been temporarily placed;
    9. not being reasonably safeguarded by You;
    10. theft from baggage not carried by hand and under Your personal supervision or under the supervision of a traveling companion known by You;
    11. damage through alteration (including, but not limited to, cutting, sawing and shaping);
    12. normal wear and tear, inherent product defect or manufacturer's defects or normal course of play;
    13. damage or theft while under the care and control of a common carrier;
    14. food spoilage;
    15. leaving property at an unoccupied construction site; or
    16. purchases lost or misplaced.

    PURCHASES NOT COVERED

    The following purchases are not covered:

    1. travelers checks, tickets of any kind, negotiable instruments (including, but not limited to, gift certificates, gift cards and gift checks), cash or its equivalent;
    2. animals or living plants;
    3. rare stamps or coins;
    4. consumable or perishable items with limited life spans (including, but not limited to, perfume, light bulbs, batteries);
    5. antique or previously owned items;
    6. motorized vehicles and watercraft, aircraft, and motorcycles or their motors, equipment, parts or accessories;
    7. lost, stolen, or damaged property consisting of articles in a pair or set. Coverage will be limited to no more than the value of any particular part or parts, unless the articles are unusable individually and cannot be replaced individually, regardless of any special value they may have had as part of a set or collection;
    8. items purchased for resale, professional, or commercial use;
    9. permanent household and/or business fixtures, including, but not limited to, carpeting, flooring and/or tile;
    10. business fixtures, including, but not limited to, air conditioners, refrigerators, heaters; and
    11. hospital, medical and dental equipment and devices.

    CLAIMS PROVISIONS

    If You experience a loss for which You believe a benefit is payable under this Plan, You must provide both Notice of Claim and Proof of Loss.

    To insure prompt processing of Your claim, report any theft or damage immediately following the date of the Covered Incident, including for gifts purchased with the Card. Retain Your receipts and Your damaged property (if applicable) until the claim process is complete.

    Notice of Claim

    Notice of Claim should be provided to Us within thirty (30) days of the loss. You may contact Us by calling toll-free stateside 1-800-322-1277 or, if from overseas, by calling collect 1-303-273-6498. You may also write to Us at Purchase Protection, PO Box 402, Golden, CO 80402.

    Failure to provide Notice of Claim within thirty (30) days will not invalidate a claim or reduce any benefit payment that may be found to be eligible, if it can be shown that it was provided as soon as reasonably possible. At the time You provide Us with Notice of Claim, We will assist You with Your Proof of Loss by providing You with instructions and/or documents, which You may have to complete and return to Us. You are required to cooperate with Us and provide documentation as requested by Us which is required and necessary to process Your claim and determine if benefits are payable.

    Proof of Loss

    Proof of Loss requires You to send Us all the information We request, at Your expense, in order that Your claim may be evaluated and that We may make a determination as to whether the claim may be paid. You must provide Us with satisfactory Proof of Loss within one year from the date of your Notice of Claim. Your Proof of Loss documentation may be mailed to Us at the same address provided above for mailing Your Notice of Claim. We reserve the right to request all the information We deem necessary to determine that Your claim is payable, and We will not consider that We have received complete Proof of Loss until the information We have requested is received.

    Proof of Loss may require documentation consisting of, but not necessarily limited to, the following:

    1. a Purchase Protection Claim Form;
    2. the original itemized store receipt;
    3. the insurance declaration forms for Your other sources of insurance or indemnity (e.g., homeowner's or renter's insurance);
    4. a photograph of and/or repair estimate for the damaged property; and
    5. for theft and vandalism claims, a report regarding the stolen or vandalized property must be filed with the appropriate authority before You call to file a claim under Purchase Protection.

    No payment will be made on claims not substantiated in the manner required by Us.

    If all required documentation is not received within one year from the date of your Notice of Claim (except for documentation which has not been furnished for reasons beyond Your control), coverage may be denied. It is Your responsibility to provide all required documentation We request.

    You may be required to mail the damaged product to Us at Your expense for further evaluation of Your claim. If requested, You must mail it within one year from the date of request to remain eligible for coverage.

    Payment of Claim

    A claim for benefits provided by this Plan will be paid upon Our receipt and review of Your complete Proof of Loss documentation and Our determination that a claim is payable according to the terms of the Plan.

    Any payment made by Us in good faith pursuant to this or any other provision of this Plan will fully discharge Us to the extent of such payment.

    If other insurance is available to You which provides the same or similar coverage as that provided by this Plan, this Plan becomes excess and We will pay only that portion of the Covered Incident benefit which is not reimbursed by other insurance up to Our limits, as provided under the Description of Benefits section.

    GENERAL PROVISIONS

    Clerical Error

    A clerical error made by the Company will not invalidate insurance otherwise validly in force nor continue insurance not validly in force.

    Conformity with Puerto Rico and Federal Law

    If a Plan provision does not conform to applicable provisions of Puerto Rico or Federal law, the Plan is hereby amended to comply with such law.

    Entire Contract; Representation; Change

    This Description of Coverage, the Policy and any applications, endorsements or riders make up the entire contract. Any statement You make is a representation and not a warranty. This Description of Coverage may be changed at any time by written agreement between the Master Policyholder and the Company. Only the President, Vice-President or Secretary of AMEX Assurance Company of Puerto Rico may change or waive the provisions of the Description of Coverage. No agent or other person may change the Description of Coverage or waive any of its terms. This Description of Coverage may be changed at any time. A copy, of the Policy will be maintained and kept by the Master Policyholder and may be examined at any time.

    Excess Coverage

    If any loss under this Policy is insured under any other valid and collectible policy, then this Policy shall cover such loss, subject to its exclusions, conditions, provisions and other terms herein, only to the extent that the amount of such loss is in excess of the amount of such other insurance which is payable or paid.

    Fraud

    If any request for benefits made under the Plan is determined to be fraudulent, or if any fraudulent means or devices are used by You or by anyone acting on Your behalf to obtain benefits, all benefits will be forfeited.

    We do not provide coverage to a Cardmember who, whether before or after a loss, has:

    1. concealed or misrepresented any fact upon which we rely, if the concealment or misrepresentation is material and is made with the intent to deceive; or
    2. concealed or misrepresented any fact if the fact misrepresented contributes to the loss.

    Moreover, any person who knowingly and with the intent to defraud provides false information in an insurance application, or presents, assists, or makes a fraudulent claim for the payment of a loss or other benefit, or presents more than one claim for the same incident of damage or loss, will commit a felony and if convicted will be sentenced for each violation with a fine of no less than five thousand ($5,000) dollars and not exceeding ten thousand ($10,000) dollars, or be sentenced to prison for a fixed term of three (3) years, or both penalties.  In the event of aggravating circumstances, the term could be increased to a maximum of five (5) years; in the event of intervening extenuating circumstances it could be reduced up to a minimum of two (2) years.

    Legal Actions

    No legal action may be brought to recover against this Plan until sixty (60) days after Proof of Loss has been received by Us. No such action may be brought after three (3) years from the time written Proof of Loss is required to be given. If a time limit of this Plan is less than allowed by the laws of Puerto Rico, the limit is extended to meet the minimum time allowed by such law.

    Right of Recovery

    If We make a payment to You under this Plan and You recover an amount from another, equal to or less than Our payment, You shall hold in trust for Us the proceeds of the recovery and reimburse Us to the extent of Our payment. If Our payments exceed the maximum amount payable under the benefits of this Plan, We have the right to recover from You any amount exceeding the maximum amount payable.

    Subrogation

    In the event of any payment under this Policy, We shall be subrogated to the extent of such payment to all Your rights of recovery. You shall execute all papers required and shall do everything necessary to secure and preserve such rights, including the execution of such documents necessary to enable Us to effectively bring suit or otherwise pursue subrogation rights in Your name. You shall do nothing to prejudice such subrogation rights.

    We shall be entitled to a recovery as stated in these provisions only after You have been fully compensated for damages by another party.

    Termination or Cancellation

    Coverage will cease on the earliest of the following:

    1. the date You no longer maintain a Permanent Residence in Puerto Rico; to the extent that the new Permanent Residence is in one of the 50 states of the United States of America or the District of Columbia, the Cardmember may be eligible for coverage under a separate plan provided by AMEX Assurance Company or another underwriter, the terms of which can be obtained by calling the toll free number on the back of your American Express Card.
    2. the date We determine that You or someone on Your behalf intentionally misrepresented or fraud occurred;
    3. the date the Policy is cancelled;
    4. the date You are no longer a Cardmember;
    5. the date Your Account ceases to remain Current and in Good Standing; or
    6. the date the Plan is not available in the location where You maintain a Permanent Residence.

    Termination or Cancellation of coverage will not prejudice any claim originating prior to termination or cancellation subject to all other terms of the Policy.

    The Company can cancel this Master Policy for the following reasons: non-payment of premiums due to the Company by the Master Policyholder; high loss experience or; the Company decision to stop underwriting this kind of insurance program. The Cardmember has the right to know and/or request the grounds on which the Policy is cancelled. To that effect, the Company must provide sixty (60) days written notice prior to the date cancellation is effective, indicating in such notice the reason for cancellation. If the Company cancels, the Master Policyholder must assist the Company in notifying Cardmembers of the date their insurance is cancelled.

    Master Policyholder Cancellation

    The Master Policyholder may cancel the Master Policy by giving the Company written notice of what future date the Master Policy shall be cancelled. The Master Policyholder must notify Cardmembers of the date their coverage is cancelled or replaced. The Master Policyholder must provide to the Company sixty (60) days written notice and to the Cardmember thirty (30) days written notice prior to the date cancellation is effective.

    IMPORTANT ADDITIONAL INFORMATION FOR YOU

    American Express Travel Related Services Company, Inc. operates a program called the Membership Rewards® program. That program permits enrolled Cardmembers to earn Membership Rewards points and to purchase goods from participating merchants using Membership Rewards redemption certificates.

    For those eligible and enrolled in the Membership Rewards program, Purchase Protection benefits under this Plan are also paid when the purchased property is received through the redemption of a Membership Rewards redemption certificate. Payment or credit will not exceed the original assigned value of the property received through redemption of a Membership Rewards redemption certificate up to the stated limits, excluding shipping and handling expenses. Benefits will not be paid when a Membership Rewards redemption certificate has been transferred to a non-eligible Cardmember or non-Cardmembers.

    This Description of Coverage replaces any other Description of Coverage that You may have previously received for Purchase Protection.

    This Description of Coverage is an important document. Please read it and keep it in a safe place.

    The Cardmember can request a copy of the Master Policy by calling 1-800-322-1277.

    IN WITNESS WHEREOF, We have caused this Description of Coverage to be signed by Our officers:

    Steve C. Lindstrom Signature C. Ray Cliett Signature
    Steve C. Lindstrom
    President
    AMEX Assurance Company
    C. Ray Cliett
    Secretary
    AMEX Assurance Company

    PP-DOC-CCSG1-PR

    FOR RESIDENTS OF U.S. VIRGIN ISLANDS

    DESCRIPTION OF COVERAGE

    Underwritten by AMEX Assurance Company
    Mailing Address: P.O. Box 53701 Phoenix, AZ 85072-9872
    Purchase Protection provides coverage for Your purchases for ninety (90) days from the date of purchase when You charge any portion of the price of the purchased item to Your Account. You will be reimbursed only for the amount charged to Your Account. (See Description of Benefits section.)

    DEFINITIONS

    Certain words used in this Description of Coverage are capitalized throughout and have special meanings. Wherever used herein, the singular shall include the plural, the plural shall include the singular, as the context requires.

    Account means Your American Express Card Account.

    Cardmember means a person who has been issued a United States of America based proprietary American Express Card, which is Current and in Good Standing, and who has a Permanent Residence in The United States Virgin Islands.

    Covered item means any one item of property purchased worldwide as a gift or for personal or business use and charged to Your Account, except those specified under the Section titled Purchases Not Covered.

    Covered Incident means the theft of, or damage, whether by accident or vandalism, to any one item of property purchased worldwide as a gift or for personal or business use and charged to Your Account.

    1. Theft means the unlawful taking from the Cardmember, of the covered item of property purchased and charged to his/her Account
    2. Damage means the breaking, destruction and/or malfunction, whether by accident or vandalism of the covered item of property purchased and charged to the Cardmember Account
    3. Vandalism means the willful or malicious destruction by a person other than the Cardmember, of the covered item of property purchased and charged to his/her Account.
    4. Accident means the unforeseen and unplanned breaking, destruction and/or malfunction of the covered item of property purchased and charged to the Cardmember Account.

    Company means AMEX Assurance Company of North America and its duly authorized agents.

    Current and in Good Standing means a Cardmember Account for which the monthly minimum requirement has been paid prior to the date in which the claim is payable.

    Master Policyholder means American Express Travel Related Services Company, Inc.

    Permanent Residence means the one primary dwelling place where the Cardmember resides and to which they intend to return.

    Plan means the Policy and the benefits described therein.

    Policy means the Group Insurance Master Policy issued to American Express Travel Related Services Company, Inc.

    We, Us, Our means the Company.

    You, Your means the Cardmember.

    DESCRIPTION OF BENEFITS

    We will pay You the expense charged to Your Account up to $1,000 for any one Covered Incident and up to $50,000 for all Covered Incidents during a calendar year. Purchase Protection provides benefits, for ninety (90) days from the date of purchase, if a Covered Incident occurs with respect to property You purchased and charged to Your Account.

    Our benefit payment will not include shipping and handling expenses or installation, assembly, professional advice, maintenance or other service charges or any

    product rebates, discounts or money received from lowest price comparison programs that reduced the original cost of the property.

    Our payment of any eligible benefit amount is further contingent upon Your Account being Current and in Good Standing.

    Only a Cardmember has a legal and equitable right to any insurance benefit that may be available under this Plan.

    EXCLUSIONS

    Benefits are not payable if the loss for which coverage is sought was directly or indirectly, wholly or partially, contributed to or caused by:

    1. war or any act of war, whether declared or undeclared;
    2. any activity directly related to and occurring while in the service of any armed military force of any nation state recognized by the United Nations;
    3. participation in a riot, civil disturbance, protest or insurrection;
    4. violation of a criminal law, offense or infraction;
    5. natural disasters, including, but not limited to, hurricanes, floods, tornados, earthquakes or any other event in the course of nature, that occurs at the same time or in separate instances;
    6. fraud or abuse or illegal activity of any kind by the Cardmember;
    7. confiscation by any governmental authority, public authority, or customs official;
    8. negligent failure of a duty to care by any third party in whose possession the property purchased by a Cardmember has been temporarily placed;
    9. not being reasonably safeguarded by You;
    10. theft from baggage not carried by hand and under Your personal supervision or under the supervision of a traveling companion known by You;
    11. damage through alteration (including, but not limited to, cutting, sawing and shaping);
    12. normal wear and tear, inherent product defect or manufacturer's defects or normal course of play;
    13. damage or theft while under the care and control of a common carrier;
    14. food spoilage;
    15. leaving property at an unoccupied construction site; or
    16. purchases lost or misplaced.

    PURCHASES NOT COVERED

    The following purchases are not covered:

    1. travelers checks, tickets of any kind, negotiable instruments (including, but not limited to, gift certificates, gift cards and gift checks), cash or its equivalent;
    2. animals or living plants;
    3. rare stamps or coins;
    4. consumable or perishable items with limited life spans (including, but not limited to, perfume, light bulbs, batteries);
    5. antique or previously owned items;
    6. motorized vehicles and watercraft, aircraft, and motorcycles or their motors, equipment, parts or accessories;
    7. lost, stolen, or damaged property consisting of articles in a pair or set. Coverage will be limited to no more than the value of any particular part or parts, unless the articles are unusable individually and cannot be replaced individually, regardless of any special value they may have had as part of a set or collection;
    8. items purchased for resale, professional, or commercial use;
    9. permanent household and/or business fixtures, including, but not limited to, carpeting, flooring and/or tile;
    10. business fixtures, including, but not limited to, air conditioners, refrigerators, heaters; and
    11. hospital, medical and dental equipment and devices.

    CLAIMS PROVISIONS

    If You experience a loss for which You believe a benefit is payable under this Plan, You must provide both Notice of Claim and Proof of Loss.

    To insure prompt processing of Your claim, report any theft or damage immediately following the date of the Covered Incident, including for gifts purchased with the Card. Retain Your receipts and Your damaged property (if applicable) until the claim process is complete.

    Notice of Claim

    Notice of Claim should be provided to Us within thirty (30) days of the loss. You may contact Us by calling toll-free stateside 1-800-322-1277 or, if from overseas, by calling collect 1-303-273-6498. You may also write to Us at Purchase Protection, PO Box 402, Golden CO 80402-0402.

    Failure to provide Notice of Claim within thirty (30) days will not invalidate a claim or reduce any benefit payment that may be found to be eligible, if it can be shown that it was provided as soon as reasonably possible. At the time You provide Us with Notice of Claim, We will assist You with Your Proof of Loss by providing You with instructions and/or documents, which You may have to complete and return to Us. You are required to cooperate with Us and provide documentation as requested by Us which is required and necessary to process Your claim and determine if benefits are payable.

    Proof of Loss

    Proof of Loss requires You to send Us all the information We request, at Your expense, in order that Your claim may be evaluated and that We may make a determination as to whether the claim may be paid. You must provide Us with satisfactory Proof of Loss within one year from the date of your Notice of Claim. Your Proof of Loss documentation may be mailed to Us at the same address provided above for mailing Your Notice of Claim. We reserve the right to request all the information We deem necessary to determine that Your claim is payable, and We will not consider that We have received complete Proof of Loss until the information We have requested is received.

    Proof of Loss may require documentation consisting of, but not necessarily limited to, the following:

    1. a Purchase Protection Claim Form;
    2. the original itemized store receipt;
    3. the insurance declaration forms for Your other sources of insurance or indemnity (e.g., homeowner's or renter's insurance);
    4. a photograph of and/or repair estimate for the damaged property; and
    5. for theft and vandalism claims, a report regarding the stolen or vandalized property must be filed with the appropriate authority before You call to file a claim under Purchase Protection.

    No payment will be made on claims not substantiated in the manner required by Us.

    If all required documentation is not received within one year from the date of your Notice of Claim (except for documentation which has not been furnished for reasons beyond Your control), coverage may be denied. It is Your responsibility to provide all required documentation We request.

    You may be required to mail the damaged product to Us at Your expense for further evaluation of Your claim. If requested, You must mail it within one year from the date of request to remain eligible for coverage.

    Payment of Claim

    A claim for benefits provided by this Plan will be paid upon Our receipt and review of Your complete Proof of Loss documentation and Our determination that a claim is payable according to the terms of the Plan. Any payment made by Us in good faith pursuant to this or any other provision of this Plan will fully discharge Us to the extent of such payment.

    If other insurance is available to You which provides the same or similar coverage as that provided by this Plan, this Plan becomes excess and We will pay only that portion of the Covered Incident benefit which is not reimbursed by other insurance up to Our limits, as provided under the Description of Benefits section.

    GENERAL PROVISIONS

    Clerical Error

    A clerical error made by the Company will not invalidate insurance otherwise validly in force nor continue insurance not validly in force.

    Conformity with The United States Virgin Islands and Federal Law

    If a Plan provision does not conform to applicable provisions of The United States Virgin Islands or Federal law, the Plan is hereby amended to comply with such law.

    Entire Contract; Representation; Change

    This Description of Coverage, the Policy and any applications, endorsements or riders make up the entire contract. Any statement You make is a representation and not a warranty. This Description of Coverage may be changed at any time by written agreement between the Master Policyholder and the Company. Only the President, Vice-President or Secretary of AMEX Assurance Company of North America may change or waive the provisions of the Description of Coverage. No agent or other person may change the Description of Coverage or waive any of its terms. This Description of Coverage may be changed at any time. A copy, of the Policy will be maintained and kept by the Master Policyholder and may be examined at any time.

    Excess Coverage

    If any loss under this Policy is insured under any other valid and collectible policy, then this Policy shall cover such loss, subject to its exclusions, conditions, provisions and other terms herein, only to the extent that the amount of such loss is in excess of the amount of such other insurance which is payable or paid.

    Fraud

    If any request for benefits made under the Plan is determined to be fraudulent, or if any fraudulent means or devices are used by You or by anyone acting on Your behalf to obtain benefits, all benefits will be forfeited.

    We do not provide coverage to a Cardmember who, whether before or after a loss, has:

    1. concealed or misrepresented any fact upon which we rely, if the concealment or misrepresentation is material and is made with the intent to deceive; or
    2. concealed or misrepresented any fact if the fact misrepresented contributes to the loss.

    Legal Actions

    No legal action may be brought to recover against this Plan until sixty (60) days after Proof of Loss has been received by Us. No such action may be brought after three (3) years from the time written Proof of Loss is required to be given.

    If a time limit of this Plan is less than allowed by the laws of The United States Virgin Islands, the limit is extended to meet the minimum time allowed by such law.

    Right of Recovery

    If We make a payment to You under this Plan and You recover an amount from another, equal to or less than Our payment, You shall hold in trust for Us the proceeds of the recovery and reimburse Us to the extent of Our payment. If Our payments exceed the maximum amount payable under the benefits of this Plan, We have the right to recover from You any amount exceeding the maximum amount payable.

    Subrogation

    In the event of any payment under this Policy, We shall be subrogated to the extent of such payment to all Your rights of recovery. You shall execute all papers required and shall do everything necessary to secure and preserve such rights, including the execution of such documents necessary to enable Us to effectively bring suit or otherwise pursue subrogation rights in Your name. You shall do nothing to prejudice such subrogation rights.

    We shall be entitled to a recovery as stated in these provisions only after You have been fully compensated for damages by another party.

    Termination or Cancellation

    Coverage will cease on the earliest of the following:

    1. the date You no longer maintain a Permanent Residence in The United States Virgin Islands; to the extent that the new Permanent Residence is in one of the 50 states of the United States of America or the District of Columbia, the Cardmember may be eligible for coverage under a separate plan provided by AMEX Assurance Company or another underwriter, the terms of which can be obtained by calling the toll free number on the back of your American Express Card.
    2. the date We determine that You or someone on Your behalf intentionally misrepresented or fraud occurred;
    3. the date the Policy is cancelled;
    4. the date You are no longer a Cardmember;
    5. the date Your Account ceases to remain Current and in Good Standing; or
    6. the date the Plan is not available in the location where You maintain a Permanent Residence.

    Termination or Cancellation of coverage will not prejudice any claim originating prior to termination or cancellation subject to all other terms of the Policy.

    The Company can cancel this Master Policy for the following reasons: non-payment of premiums due to the Company by the Master Policyholder; high loss experience or; the Company decision to stop underwriting this kind of insurance program. The Cardmember has the right to know and/or request the grounds on which the Policy is cancelled. To that effect, the Company must provide sixty (60) days written notice, actually delivered or mailed by certified mail, prior to the date cancellation is effective, indicating in such notice the reason for cancellation. If the Company cancels, the Master Policyholder must assist the Company in notifying Cardmembers of the date their insurance is cancelled.

    Master Policyholder Cancellation

    The Master Policyholder may cancel the Master Policy by giving the Company written notice of what future date the Master Policy shall be cancelled. The Master Policyholder must notify Cardmembers of the date their coverage is cancelled or replaced. The Master Policyholder must provide to the Company sixty (60) days written notice and to the Cardmember thirty (30) days written notice prior to the date cancellation is effective. actually delivered or mailed by certified mail, prior to the date cancellation is effective, indicating in such notice the reason for cancellation.

    IMPORTANT ADDITIONAL INFORMATION FOR YOU

    American Express Travel Related Services Company, Inc. operates a program called the Membership Rewards® program. That program permits enrolled Cardmembers to earn Membership Rewards points and to purchase goods from participating merchants using Membership Rewards redemption certificates.

    For those eligible and enrolled in the Membership Rewards program, Purchase Protection benefits under this Plan are also paid when the purchased property is received through the redemption of a Membership Rewards redemption certificate. Payment or credit will not exceed the original assigned value of the property received through redemption of a Membership Rewards redemption certificate up to the stated limits, excluding shipping and handling expenses.

    Benefits will not be paid when a Membership Rewards redemption certificate has been transferred to a non-eligible Cardmember or non-Cardmembers.

    This Description of Coverage replaces any other Description of Coverage that You may have previously received for Purchase Protection.

    This Description of Coverage is an important document. Please read it and keep it in a safe place.

    The Cardmember can request a copy of the Master Policy by calling 1-800-322-1277.

    IN WITNESS WHEREOF, We have caused this Description of Coverage to be signed by Our officers:

     
    Steve C. Lindstrom Signature C. Ray Cliett Signature
    Steve C. Lindstrom
    President
    AMEX Assurance Company
    C. Ray Cliett
    Secretary
    AMEX Assurance Company

    PP-DOC-CCSG1-VI

    Notice of Claim Address Change Endorsement

    THIS ENDORSEMENT CHANGES YOUR DESCRIPTION OF COVERAGE/CERTIFICATE. PLEASE READ IT CAREFULLY. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

    The section regarding Notice of Claim is amended to reflect AMEX Assurance Company’s new claims address is:

    P.O. Box 981553, El Paso, TX 79998-9920
    Notice of any claim you may have should be directed only to the above address for the following Descriptions of Coverage or Certificates:

    EW-DOC-CCSG1-VI, EW-DOC-CCSG2-VI, EW-DOC-OSBN2-VI, EW-DOC-OSBN1-VI, PP-DOC-OSBN1-VI, PP-DOC-OSBN2-VI,
    PP-DOC-CCSG1-VI, PP-DOC-CCSG2-VI,
    TAI-DOC-VI, BIP-DOC-VI, BIP-DOC-PLAT-VI

    USVI ADCHG END 12.12

    ®2014 American Express Travel Related Services Company, Inc.

    MG-ADCHG-END3 04/10

    E-Communications Disclosure

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    Last Modified: January 30, 2014

    Thank you for your interest in the Serve Service offered by American Express Travel Related Services Company, Inc. ("TRS"), and related products, services, features and activities, including, but not limited to, those available through the Serve website www.serve.com, a Serve Account, and, where applicable, a Serve Sub-Account, a Serve Card and a Sub-Serve Card. Serve is a paperless program. We require your email to ensure we can effectively communicate with and deliver our services to you. We also require your consent to provide you with important account-related information and updates electronically instead of on paper. In order for you to authorize TRS and its affiliates and subsidiaries ("American Express," "we," "us" and "our") to provide the Serve Service to you and also to provide you with legal notices and other communications related to your Serve Service, you must electronically agree to the terms and conditions in this Electronic Signature and Electronic Communications Disclosure and Consent Form ("E-Communications Disclosure"), which provides that you agree your electronic consents that you provide on documents involving or related to the Serve Service have the same legal effect as if you had signed the documents with a pen, and you also agree to the extent allowed by law to receive notices and communications related to the Serve Service electronically.

    IN ORDER FOR YOU TO AGREE TO THIS E-COMMUNICATIONS DISCLOSURE, YOU MUST CAREFULLY REVIEW IT, CONFIRM YOU MEET THE "SYSTEM REQUIREMENTS" SET FORTH IN THIS E-COMMUNICATIONS DISCLOSURE, PROVIDE THE REQUIRED INFORMATION SET FORTH BELOW, AND THEN INDICATE YOUR CONSENT AS INSTRUCTED IN CONNECTION WITH YOUR REVIEW OF THIS E-COMMUNICATIONS DISCLOSURE.

    Electronic Signature Consent
    Before electronically signing this or any other document pertaining to the Serve Service, you agree to review it first, and then electronically sign each document on a case by case basis. Each decision to view or sign a document electronically does not affect the legal effect of any transactions already completed using either electronic or paper-based documents and signatures. If you agree to execute this E-Communications Disclosure, you will be agreeing that you will review this E-Communications Disclosure and any other documents that we may provide to you in connection with the Serve Service, carefully and, where you check a box and/or click the "I Agree" or similar button at the end of each such agreement as instructed, you are indicating your consent via an electronic signature to the terms and conditions contained in such agreement.

    Notices, Statements, Records and Communications
    To the extent permitted by law, we may provide all required notices and communications related to the Serve Service ("Account Communications") to you in electronic form, which may in our discretion include, without limitation, emails to the Servicing E-mail Address of record we have for you, notices posted at the Serve website. For example, we may electronically provide you any of the following:

    • Legally required disclosures, authorizations, consents and notices (e.g., privacy notices)
    • Revisions and changes to account terms
    • Billing inquiry communications
    • Account cancellation notices
    • Suspension of account privileges communications
    • Payment due notices
    • Payment inquiry communications
    • Balance transfer communications
    • Other disclosures and communications regarding the Serve 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) to use your Serve Account and/or create "Sub-Accounts," you agree that we may send or provide all Account Communications related to your Serve Service to you as the Serve Accountholder, and you agree to share such Account Communications, as relevant, with all other users of your Serve Account, Serve Card, Serve Sub-Account and Sub-Serve Card. As used in this E-Communications Disclosure, the word "provide" means provide, send, post or deliver and all variants of such words.

    Your Servicing Email Address
    In order to agree to this E-Communications Disclosure and the receipt of communications and notices from us in electronic form, you must provide us with a valid and working email address. You agree that we may use the "primary" email address you have provided us for use with your Serve Account, or if you are a Sub-Account User your Serve Sub-Account, ("Servicing Email Address"). You may change your Servicing Email Address by entering the new address in the profile settings for your Serve Account and following the applicable procedures or by speaking to a customer service representative by calling 1-800-954-0559. You agree that the email address you provide as the Servicing Email Address will at all times be a valid and working email address and that you will provide us with a new email address to use as the Servicing Email Address if you cease using the email address previously designated as the Servicing Email Address, learn it no longer properly operates or can no longer access it. If you provide more than one email address in the profile settings for your Serve Account, we will consider the email address you designate as "primary" to be the Servicing Email Address. We may, in our sole discretion, also choose to send Account Communications to a non-primary email address if you have provided one. If at any time the Servicing Email Address is an email address shared with another person or entity, you agree that any Account Communications sent to that email address will be deemed received by you even if another person receives them, does not provide you with notice about them or deletes them. You agree to instruct any person who shares or has access to the Servicing Email Address to promptly show you Account Communications sent to the Servicing Email Address.

    Methods of Providing E-Communications
    We may provide Account Communications in electronic form by any combination of (1) email; (2) posting or making them accessible in your Message Center on the Serve website; (3) through links provided in your online account statements, and/or (4) providing you with the option to download or print a PDF file. ("PDF" refers to the Portable Document Format created by Adobe Systems Inc.®). You agree to review Account Communications provided in electronic form promptly and to take any required actions or actions requested by us within the time periods set forth in any such Account Communication. Without limiting the foregoing, you agree that if we send you an email or other notice indicating that an Account Communication has been posted or provided at the Serve website (for example, at your Message Center or as part of your Serve Account or Sub-Account information), you will promptly review that Account Communication. By agreeing to this E-Communications Disclosure, you accept the responsibility of reviewing all Account Communications we provide in electronic form.

    Reservation of Right to Send Paper Communications
    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.

    Duration and Withdrawal of Consent
    If you agree to this E-Communications Disclosure, your agreement and consent and the provisions of this E-Communications Disclosure will remain in effect with respect to your Serve Account until (1) you withdraw your ongoing consent by providing notice of your intent to withdraw your consent by calling 1-800-954-0559 and speaking with a customer service representative or by writing to us at American Express - Customer Relations, 4315 S. 2700 W., Salt Lake City, UT 84184-0440, or (2) your Serve Account is canceled either by you or us. Withdrawal of your consent will have no impact on the validity of your consent to any agreements you electronically executed prior to the time of the withdrawal of your consent, and such agreements shall remain in effect unless terminated in accordance with their termination provisions. If you withdraw your consent to receive Account Communications in electronic form, we may in our sole discretion close or cancel your Serve Account and, as applicable, Serve Sub-Account, Serve Card and Sub-Serve Card, in which case we will make copies of all Account Communications that are required to be provided to you by applicable law available to you in paper form and charge you our then-current fees for such paper copies. If we elect not to close or cancel your Serve Account or, as applicable, Serve Sub-Account, Serve Card or Sub-Serve Card, we will provide you with paper copies of future Account Communications and charge you our then-current fees for such paper copies. It will take us approximately seven days to process the withdrawal of your consent, and during this period you will continue to receive Account Communications electronically. If you withdraw your consent, the legal validity and enforceability of prior electronic Account Communications will not be affected.

    System Requirements
    In order for you to access, receive and retain a copy of this E-Communications Disclosure, and any other agreements pertaining to the Serve Service we may ask you to electronically execute, and Account Communications in electronic form, you must have provided us with a valid and working email address and have access to the following:

    • A computing, mobile or other communications device with Internet access and a browser that supports 128-bit encryption (e.g., Microsoft® Internet Explorer, Apple® Safari®, Firefox®, or Google® Chrome®).
    • The Internet and a valid e-mail account supported by software enabling you to receive an e-mail as big as 250K in size.
    • A printer that can enable you to print any online and e-mailed material to maintain hard copies for your files, or a hard drive or disk drive with at least 32MB of available random access memory (RAM) to store electronic copies.
    • Adobe® Acrobat® Reader® 4.0 or higher (or another program providing a similar functionality) that enables you to open and/or download a portable document format (PDF) file. To confirm that you can access documents in PDF format, please click here. If you cannot access it, you need to obtain, prior to executing this E-Communications Disclosure, the necessary Adobe® software that can be downloaded at http://www.adobe.com/products/acrobat/readstep2.html. If you click on this link, another browser will open and you will be directed to Adobe®'s website. Your current online session will remain open in the current browser window until you log off or time out, whichever occurs first. If you Serve Account session times out, you will need to log in again.
    • If you register to receive text message (SMS) alerts to your mobile phone number, a valid mobile phone number and a text-enabled mobile phone. You will need to pay any message and data rates imposed by your mobile carrier or other service providers.

    If you ever have trouble accessing or reading an Account Communication or any other information that we have provided to you electronically, check to ensure you meet the "System Requirements" above or call a customer service representative at 1-800-954-0559 for assistance.

    Printing and Downloading a Copy of All Serve Agreements you Electronically Sign and All Account Communications
    You agree to print or download to your computing, mobile or other communications device (provided your device has such functionality) by clicking on "Print" or "Download" as desired and retain a copy of this E-Communications Disclosure. You also agree to print or download and retain a copy of any other documents pertaining to the Serve Service to which you electronically consent. You also agree to print or download and retain copies of all Account Communications from us.

    Access to Account Communications
    We retain copies of Account Communications in your Message Center for your Serve Account on the Serve website for ninety (90) days after their initial publication. We retain copies of certain Account Communications for longer time periods required by law and will provide you with copies of them upon request within those time periods. You may request a copy of any of those Account Communications (1) by sending a message to a customer service representative through the Serve website "Contact Us" link, (2) by calling 1-800-954-0559 to speak with a customer service representative or (3) by writing to us at American Express - Customer Relations, 4315 S. 2700 W., Salt Lake City, UT 84184-0440. Please be aware that you will be charged a fee, set at $5.00 as of the date of publication of this E-Communications Disclosure for each paper copy of an Account Communication.

    Modification of this E-Communications Disclosure
    We reserve the right to revise the terms of this E-Communications Disclosure at any time in our sole discretion. You may be provided with notice of any changes to these terms by an Account Communication in electronic form. We will also indicate that changes to these terms have been made by updating the date indicated after "Last Modified" at the beginning of this E-Communications Disclosure. Any changes to these terms will only affect your and our respective rights and obligations from the effective date of the change(s) and thereafter until any subsequent change is made. If you do not agree with the changed or current terms, you must withdraw your consent to this E-Communications Disclosure in the manner set forth above.

    Your Consent
    By indicating your agreement to this E-Communications Disclosure, you confirm all of the following: (1) the computing, mobile or other communications device(s) you use to review and electronically consent to the Serve documentation and to receive and access Account Communications in electronic form meet, and during the time this E-Communications Disclosure is in effect, will meet the requirements set forth in the "System Requirements" section above; (2) you are able, and have taken action to confirm that you are able, to access a PDF document using such a device; (3) you meet, and during the time this E-Communications Disclosure is in effect, will meet, the requirements set forth in the "Servicing Email Address" section above; and (4) we may send you applicable Account Communications, and other legal notices and communications with respect to your Serve Account, in electronic and not paper form except as we reserve the right to send you legal notices and other communications in paper form as set forth in this E-Communications Disclosure.

    Schedule of Services & Fees

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    Last Modified: January 6, 2014

    Unless you are a resident of an excluded state, or we otherwise waive or do not apply one or more fees in accordance with the terms of a program, special promotion or offer we may sponsor from time to time, we will impose the fees for the respective transactions set forth in the schedule below conducted through your Account as well as any Sub-Account(s) unless stated otherwise. All fees are in U.S. Dollars and remain subject to change in our discretion and where notice is provided as required by Applicable Law.

    The schedule above sets forth fees we impose on the respective transactions.Other parties (such as merchants with respect to point of sale transactions, ATM operators or networks with respect to balance inquiries and access to funds in your Account, and other financial institutions with respect to transactions such as cash withdrawals at their branches) may impose separate fees on the same transactions and we make no accounting for those.

    We will deduct all applicable fees from the balance in your Account, or as applicable, Sub-Account, at the time of the imposition of the fees.

    American Express Serve Terms of Use for the Isis Mobile Wallet

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    Last Modified: November 1, 2013

    These Terms of Use ("TOU") are a legal agreement between you and American Express Travel Related Services Company, Inc., ("American Express", "we", "us", "our"). We have contracted with JVL Ventures, LLC ("Isis") to enable use of certain Serve-branded prepaid accounts issued by American Express (each, an "Eligible Account") with the Isis mobile wallet application ("Isis Mobile Wallet") and related Isis features and services (together with the Isis Mobile Wallet, the "Isis Services").

    These TOU govern your access to and use of an Eligible Account within the Isis Mobile Wallet ("Mobile Account"). Your use of the Isis Mobile Wallet to purchase goods and services using the Mobile Account, as well as your use of any Eligible Account features accessible from within the Isis Mobile Wallet, is still governed by the American Express Serve Consumer User Agreement which can be accessed at https://www.serve.com/legal.html#Serve_User_Agreement ("User Agreement").

    These TOU apply to you and anyone else you authorize to use the Mobile Account. American Express and its affiliates do not offer, own, operate or license the Isis Services and are not responsible for any information or services provided by Isis, your wireless carrier, or any other third parties.

    CONTENTS

    1. ARBITRATION
    2. USE OF THE MOBILE ACCOUNT
    3. ELIGIBILITY
    4. THIRD PARTY AGREEMENTS AND SUPPORT
    5. CHARGES
    6. PRIVACY AND SECURITY
    7. SUSPENSION; CANCELLATION
    8. DISCLAIMER OF WARRANTIES
    9. LIMITATION OF LIABILITY
    10. LICENSE OF MOBILE ACCOUNT
    11. GOVERNING LAW
    12. MISCELLANEOUS
    13. CHANGES TO THESE TOU
    14. COMMUNICATION

    1. ARBITRATION

    The User Agreement contains an "Agreement to Arbitrate Disputes" section, with a provision regarding binding arbitration, that affects your rights with respect to your use of an Eligible Account. That arbitration provision applies as well to any disputes between you and us arising from your access to or use of the Mobile Account.

    2. USE OF THE MOBILE ACCOUNT

    The Isis Mobile Wallet enables you to create virtual representations of the card associated with your Eligible Account (if any) on your eligible near field communication-enabled mobile device ("Mobile Device") that will permit you to use your Mobile Device to pay for goods and services. You agree to use the Mobile Account only with a Mobile Device properly equipped with the Isis Mobile Wallet and to comply with all terms and conditions applicable to the Isis Services.

    When you register an Eligible Account to use with the Isis Mobile Wallet, account information for the Eligible Account will be transmitted over your wireless carrier's network and stored within your Mobile Device. Once the account information for the Eligible Account has been stored on your Mobile Device, it is represented by a Mobile Account. The Mobile Account may be used to pay for goods and services at merchants' contactless-enabled point-of-sale terminals or readers that accept contactless payments using the Mobile Account. By selecting a Mobile Account and placing your Mobile Device near a merchant's contactless-enabled point-of-sale terminal or reader you are authorizing the payment for the merchant's products or services with that Mobile Account through the Isis Services. To complete transactions above a certain dollar amount, merchants may require presentation of a physical companion card or a government-issued form of identification for inspection to authenticate your identity. Once created, a Mobile Account may work even if you do not have wireless service. See "Suspension; Cancellation" below for more details.

    The Mobile Account may also provide you access to information related to the Eligible Account that has been added to your Mobile Device. This may include which Eligible Accounts are available for use (including information about card cancellation or suspension due to issues such as an expired card, detection of fraud or past due payments), access to transaction history if made available, or other information for Eligible Accounts.

    Purchases or other transactions you make with the Mobile Account are governed by the User Agreement. If a problem arises with the product or service you purchased through use of the Mobile Account, you should try to resolve the problem directly with the merchant, but you may also have rights with respect to us under applicable law.

    3. ELIGIBILITY

    You are eligible to use the Mobile Account if your Mobile Device is eligible for use with the Isis Services, you have at least one activated Eligible Account that is in good standing and you are not otherwise legally restricted from using the Mobile Account based on age limitations or the incapacity to enter into a legally binding contract with us (based on the laws of the state in which you reside).

    4. THIRD PARTY AGREEMENTS AND SUPPORT

    These TOU only address the terms and conditions that apply to your use of the Mobile Account. Isis, your wireless carrier, and other third party websites or services may have their own terms and conditions and privacy policies ("Third Party Agreements") and you are subject to such Third Party Agreements when you provide them your personal information, use their services or visit their respective sites. It is your responsibility to read and understand the Third Party Agreements before using the Mobile Account.

    We are not responsible for, and do not provide, any support or assistance for any third party hardware, software or other products or services (including the Isis Mobile Wallet or your Mobile Device). If you have any questions or issues with such third party products or services, including issues pertaining to the operation of your Mobile Device, please contact the appropriate third party in accordance with that third party's procedures for customer support and assistance. If you have any questions or issues pertaining to the Isis Mobile Wallet (other than questions or issues specific to use of the Mobile Account), please contact your wireless carrier.

    5. CHARGES

    We do not currently charge a fee for using the Mobile Account; however, we reserve the right to charge a fee for use of the Mobile Account in the future. You understand that Third Party Agreements may provide for fees, limitations and restrictions which might affect your use of the Mobile Account (such as data usage or text messaging charges imposed on you by your wireless carrier). You agree to be solely responsible for all such fees and agree to comply with such limitations and restrictions.

    6. PRIVACY AND SECURITY

    We will use and protect your personal information in accordance with our Privacy Statement. To facilitate your participation in the Isis Services, we will share with Isis some information relating to the Eligible Account you have registered to use with the Isis Mobile Wallet (but not your full Eligible Account number). As stated at the beginning of these TOU and in Section 4 above, American Express is not responsible for the Isis Services or services offered by your wireless carrier or any third party. Accordingly, any information you provide to Isis through the Isis Mobile Wallet, or that is collected by Isis in the course of your use of the Isis Services, is subject to any applicable Isis Third Party Agreements, and is not governed by our Privacy Statement or these TOU.

    The Isis Mobile Wallet and your Mobile Device may provide for certain security features and procedures to protect against unauthorized use of your Mobile Account. You agree not to disable any such security features and to use such security features and procedures to safeguard your Mobile Account.

    You are responsible for maintaining the confidentiality of your Isis User ID, Isis Password, Isis Mobile Wallet Personal Identification Number ("Isis Mobile Wallet PIN"), American Express Serve User ID, American Express Serve account password and all other means to access the Eligible Account and/or Mobile Account that have been or may be established (collectively, "Credentials"). You should secure your Mobile Device and your Credentials the same as you would your cash, checks, credit cards, and other personal identification numbers and passwords. Subject to the User Agreement, you are responsible for all transactions made using the Mobile Account. If you permit other persons to use your Mobile Device or Credentials, you are responsible for any transactions they authorize.

    Notify us immediately if you believe your Mobile Device or your Credentials have been lost or stolen or someone has used or may use your Mobile Device or your Credentials without your authorization by contacting us at the phone number on the back of the card associated with your Eligible Account. Change your Credentials immediately to avoid unauthorized use of a Mobile Account or your personal information.

    7. SUSPENSION; CANCELLATION

    If your wireless service is suspended or canceled, at our discretion we may suspend or cancel your ability to access or use the Mobile Account. We reserve the right to discontinue offering or supporting the Mobile Account or participating in the Isis Services. You may remove your Mobile Account from the Isis Mobile Wallet at any time by calling American Express Serve customer service at 1-800-954-0559. Except as otherwise required by applicable law or regulation, we may block or terminate your use of the Mobile Account at any time without notice and for any or no reason, such as your violation of these TOU or the cancellation or suspension of your Eligible Account. You agree that we will not be liable to you or any third party for any blocking, suspension, cancellation or termination of your use of the Mobile Account.

    8. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MOBILE ACCOUN T IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MOBILE ACCOUNT IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AMERICAN EXPRESS AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MOBILE ACCOUNT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE AND OUR SUPPLIERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MOBILE ACCOUNT, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE MOBILE ACCOUNT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR AVAILABILITY OF THE MOBILE ACCOUNT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MOBILE ACCOUNT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMERICAN EXPRESS, ITS AUTHORIZED REPRESENTATIVE OR ANY THIRD PARTY SHALL CREATE A WARRANTY.

    ACCESS, USE AND MAINTENANCE OF THE MOBILE ACCOUNT DEPEND ON THE ISIS SERVICES AND THE NETWORKS OF WIRELESS CARRIERS. AMERICAN EXPRESS DOES NOT OPERATE THE ISIS SERVICES OR SUCH NETWORKS AND HAS NO CONTROL OVER THEIR OPERATIONS. WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES BEYOND OUR CONTROL THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF THE MOBILE ACCOUNT, SUCH AS UNAVAILABILITY OF THE ISIS SERVICES OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. AMERICAN EXPRESS DISCLAIMS ANY RESPONSIBILITY FOR THE ISIS SERVICES OR ANY WIRELESS SERVICE USED TO ACCESS, USE OR MAINTAIN THE MOBILE ACCOUNT.

    USE OF THE MOBILE ACCOUNT WIRELESSLY MAY INVOLVE THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION ACROSS THE NETWORKS OF WIRELESS CARRIERS. BECAUSE WE DO NOT OPERATE OR CONTROL THE WIRELESS NETWORKS, WE CANNOT GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS DATA TRANSMISSIONS. ADDITIONALLY, YOUR MOBILE DEVICE'S BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS CARRIER. CHECK WITH YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM AMERICAN EXPRESS OVER THE INTERNET FROM YOUR MOBILE DEVICE, WE RESERVE THE RIGHT TO LIMIT SUCH CONNECTIONS TO "SECURE SESSIONS" THAT HAVE BEEN ESTABLISHED USING TRANSPORTATION LAYER SECURITY ("TLS") OR OTHER SECURITY STANDARDS WE SELECT.

    WE MAKE NO GUARANTEES ABOUT THE INFORMATION SHOWN IN THE ISIS SERVICES. WE ALSO ARE NOT RESPONSIBLE FOR YOUR MOBILE DEVICE OR THE SOFTWARE OR HARDWARE IT CONTAINS AND MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES CONCERNING SUCH MATTERS.

    9. LIMITATION OF LIABILITY

    EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL AMERICAN EXPRESS, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, ARISING OUT OF THESE TOU OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE MOBILE ACCOUNT HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    NOTHING IN THESE TOU SHALL OPERATE SO AS TO EXCLUDE OR LIMIT OUR OR OUR VENDOR'S LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. Federal law and the laws of certain states or other jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply, some or all of the above exclusions or limitations may not apply to you, and you may have rights in addition to those contained in these TOU.

    10. LICENSE OF MOBILE ACCOUNT

    THE MOBILE ACCOUNT IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS AND CONDITIONS OF THESE TOU. AMERICAN EXPRESS RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU.

    You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use the Mobile Account on your Mobile Device in accordance with these TOU. The license is limited to use on any Mobile Device that you own or control and as permitted by any applicable Third Party Agreements. Such license does not allow you to use the Mobile Account on any device that you do not own or control (or for which you do not have authorization to install or run the Isis Mobile Wallet or the Mobile Account, such as where prohibited by applicable security policies in the case of corporate users), and you may not distribute or make the Mobile Account available over a network where it could be used by multiple devices at the same time.

    Certain software that American Express uses to provide the Mobile Account has been licensed from third parties (each a "Third Party Licensor") that are not affiliated with American Express. This limited right to use such software is revocable at the discretion of American Express. American Express and its Third Party Licensors retain all right, title and interest in and to the software used by American Express to provide the Mobile Account and any modifications and updates thereto.

    You may not rent, lease, lend, sell, redistribute or sublicense the Mobile Account. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Mobile Account, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Mobile Account). Any attempt to do so is a violation of the rights of American Express and its Third Party Licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by American Express that replace or supplement the Mobile Account, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.

    You agree that the Mobile Account may be automatically updated or upgraded without notice to you. At any time at our sole discretion and without prior notice, we may expand, reduce or suspend the type and/or dollar amounts of transactions allowed using the Mobile Account or change the enrollment process. American Express and our Third Party Licensors have no obligation to correct any bugs, defects or errors in the Mobile Account or to otherwise support, maintain, improve, modify, upgrade, update or enhance the Mobile Account.

    The license granted hereunder is effective until terminated by you or American Express. Your rights will terminate automatically without notice from American Express if you fail to comply with these TOU or if we terminate your use of the Mobile Account. Upon termination of the license, you must cease all use of the Mobile Account and delete the Mobile Account from the Isis Mobile Wallet on your Mobile Device.

    11. GOVERNING LAW

    These TOU, your use of the Mobile Account, and any claim, dispute or controversy arising from or relating to these TOU or your use of the Mobile Account are governed by and construed in accordance with the laws of the State of New York (without regard to its conflict of laws rules) and applicable federal law. The legality, enforceability, and interpretation of these TOU and the amounts contracted for, charged, and received under these TOU, if any, will be governed by such laws. These TOU are entered into between you and us in New York. Subject to the "Agreement to Arbitrate Disputes" or other applicable arbitration provision in the User Agreement, you expressly agree that exclusive jurisdiction for any claim or dispute with us or relating in any way to these TOU or your use of the Mobile Account resides in the courts of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of New York in connection with any such dispute including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors and content providers.

    12. MISCELLANEOUS

    Your access to and use of the Mobile Account is subject to all applicable international, federal, state and local laws and regulations. We reserve the right to seek all remedies available at law and in equity for violations of these TOU. These TOU (including all agreements and policies referenced in these TOU, which are not modified or superseded by these TOU) set forth the entire understanding and agreement between you and us, whether written or oral, with respect to the subject matter hereof and supersede any prior or contemporaneous understandings or agreements with respect to such subject matter. If any part of these TOU are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of these TOU shall continue in effect. Our failure to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. The Section titles in these TOU are for convenience only and have no legal or contractual effect. We may assign these TOU, in whole or in part, at any time with or without notice to you. You may not assign these TOU, or any part of it, to any other party. Any attempt by you to do so is void. These TOU shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns. There are no third-party beneficiaries to these TOU, except that American Express affiliates are third-party beneficiaries of these TOU with the right to enforce them. If a dispute relates or arises from the subject matter of these TOU and relates to the mobile application or service or more than one Mobile Account, such dispute will be governed by the "Agreement to Arbitrate Disputes" or other applicable arbitration provision in the User Agreement applicable to the most recent Mobile Account you have created in your Isis Mobile Wallet. The terms of this Section 12 will survive termination of these TOU together with any other terms which by their nature should survive.

    13. CHANGES TO THESE TOU

    We reserve the right to revise these TOU at any time and you are deemed to be aware of and bound by any changes to these TOU by your continued access to or use of the Mobile Account. We will indicate that changes to these TOU have been made by updating the date indicated after "Last Modified:" at the beginning of these TOU. You will also be able to view the revised TOU on your Mobile Device by accessing the Mobile Account. If you do not accept any revisions made to these TOU, your sole and exclusive remedy is to cancel your use of and delete the Mobile Account.

    14. COMMUNICATION

    As a condition to registering for and using the Mobile Account, you consent to receive certain messages on your Mobile Device (i.e., SMS, MMS) from us. You also agree to receive notices and other communications from us by e-mail to the e-mail address on file for the relevant Eligible Account or through the messaging capabilities of the Isis Mobile Wallet, although e-mail will be our primary method of communication to you.

    An Important Notice Concerning User Privacy

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    Last Modified: October 23, 2012

    Rev. 6/2012

    FACTS

    WHAT DOES AMERICAN EXPRESS DO WITH YOUR PERSONAL INFORMATION?

    Why?

    Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.

    What?

    The types of personal information we collect and share depend on the product or service you have with us. This information can include:

    • Social Security number and income
    • transaction history and account history
    • insurance claim history and credit history
    How?

    All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons American Express chooses to share; and whether you can limit this sharing.

    Reasons we can share personal information Does American Express share? Can you limit this sharing?

    For our everyday business purposes

    such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus

    Yes

    No

    For our marketing purposes

    to offer our products and services to you

    Yes

    No

    (but please see the “To limit direct marketing” box below for information about additional privacy choices)

    For joint marketing with other financial companies

    Yes

    No

    For our affiliates’ everyday business purposes

    information about your transactions and experiences

    Yes

    No

    For our affiliates’ everyday business purposes

    information about your creditworthiness

    Yes

    Yes

    For our affiliates to market to you

    Yes

    Yes

    For nonaffiliates to market to you

    No

    (although we may share aggregated or de-identified data)

    We don’t share personal information

    Who we are

    Who is providing this notice?

    American Express Travel Related Services Company, Inc. and other American Express affiliates that provide financial products or services, including American Express Centurion Bank, American Express Bank, FSB, and AMEX Assurance Company.

    What we do

    How does American Express protect my personal information?

    To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

    How does American Express collect my personal information?

    We collect your personal information, for example, when you

    • open an account or pay your bills
    • give us your income information or give us your contact information
    • use your credit card We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

    Why can’t I limit all sharing of personal information?

    Federal law gives you the right to limit only

    • sharing for affiliates’ everyday business purposes – information about your creditworthiness
    • affiliates from using your information to market to you
    • sharing for nonaffiliates to market to you

    State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.

    What happens when I limit sharing for an account I hold jointly with someone else?

    Your choices will apply to everyone on your account.

    Definitions

    Affiliates

    Companies related by common ownership or control. They can be financial and nonfinancial companies.

    • Our affiliates include companies with the American Express name, including financial companies such as American Express Travel Related Services Company, Inc. and nonfinancial companies such as American Express Publishing. Affiliates may also include other companies related by common ownership or control, such as Serve Virtual Enterprises, Inc. and AMEX Assurance Company, a provider of American Express Card-related insurance services.

    Nonaffiliates

    Companies not related by common ownership or control. They can be financial and nonfinancial companies.

    • Nonaffiliates with which we share personal information include service providers, including, for example, direct marketers, that perform services or functions on our behalf.

    Joint marketing

    A formal agreement between nonaffiliated companies that together market financial products or services to you.

    • Our joint marketing partners include financial companies.
    Other important information

    We may transfer personal information to other countries, for example, for customer service or to process transactions.

    AMEX Assurance Company customers: You may have the right to access and correct recorded personal information. Personal information may be disclosed by us to detect fraud or misrepresentation, to verify insurance coverage, to an insurance regulatory authority, law enforcement or other governmental authority pursuant to law, or to a group policyholder for purposes of reporting claims experience or conducting an audit. Personal information related to insurance claim activity obtained from a report prepared by an insurance-support organization on our behalf may be retained by such organization and disclosed as required by law. State law may be more protective than federal law.

    California: If your American Express account has a California billing address, we will not share your personal information except to the extent permitted under California law.

    Texas: American Express entities American Express Travel Related Services Company, Inc. and American Express Prepaid Card Management Corporation are Texas Department of Banking money services business license holders. If you have a complaint regarding Serve, contact the Serve customer service division by calling 1-800-954-0559. After contacting our customer service division, if you still have an unresolved complaint, please direct your complaint to: Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554 (toll free), www.dob.texas.gov, consumer.complaints@dob.texas.gov.

    Vermont: If your American Express account has a Vermont billing address, we will automatically treat your account as if you have directed us not to share information about your creditworthiness with our affiliates.

    Serve SMS Terms and Conditions

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    Last Modified: July 16, 2012

    PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS BEFORE REGISTERING FOR AND USING THE SERVE TEXT PAY AND REFER-A-FRIEND PROGRAM (the "SMS Service"). BY REGISTERING FOR AND USING THE SMS SERVICE OR BY OTHERWISE INDICATING THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH SERVE VIRTUAL ENTERPRISES, INC., A WHOLLY-OWNED SUBSIDIARY OF AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC. ("SERVE") AND AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC. ("AXP") (AXP AND SERVE SHALL BE COLLECTIVELY REFERRED TO HEREIN AS "WE," "OUR" AND/OR "US"), AND YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER (or nineteen (19) years of age if you reside in a state where the age of majority is nineteen (19)) AND RESIDE IN THE UNITED STATES. WE ARE WILLING TO PROVIDE YOU THE SMS SERVICE ONLY IF YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. AS A SERVE ACCOUNTHOLDER ("USER"), YOUR USE OF THE SMS SERVICE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS OF THE SERVE CONSUMER USER AGREEMENT, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT COMPLETE YOUR REGISTRATION FOR THE SMS SERVICE, AND/OR YOU MUST STOP USING THE SMS SERVICE.

    1. Definitions
    2. No Amendment of Existing Terms and Conditions For Accounts
    3. SMS/Text Messages
    4. Fees
    5. Information
    6. Availability/Interruption/Termination
    7. Use of SMS Service/Equipment
    8. Privacy and Security
    9. Passwords and Unauthorized Usage
    10. Changes to this Agreement
    11. No Warranties/Limitation of Liability
    12. Indemnity
    13. Assignment
    14. Notices
    15. Entire Agreement
    16. Governing Laws
    17. Miscellaneous Provisions

    A. Definitions

    The SMS Service is provided by us through the facilities of a wireless service provider(s) selected by you ("Wireless Service Provider"). A "Technology Provider" is a third party provider of technology services necessary to operate the SMS Service. "Equipment" means the wireless receiving equipment through which you intend to access and use the SMS Service. "System" means the computer hardware and software owned or operated by us or any Technology Provider and used in providing the SMS Service.

    B. No Amendment of Existing Terms and Conditions For Accounts

    THE TEXT MESSAGES (OTHERWISE KNOW AS SHORT MESSAGE SERVEICE OR "SMS") THAT YOU SELECT TO BE PROVIDED TO YOU THROUGH THE SMS SERVICE ARE FOR CONVENIENCE PURPOSES ONLY AND DO NOT AMEND, SUPPLEMENT, CHANGE OR REPLACE ANY OTHER NOTICE OR INFORMATION THAT YOU MAY RECEIVE OR MAY HAVE RECEIVED IN CONNECTION WITH YOUR SERVE ACCOUNT, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED TO YOU ON THE SERVE WEBSITE AND/OR MOBILE SITE (COLLECTIVELY, "SERVE SITE"). IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR SERVE ACCOUNT OR THE STATUS OF YOUR SERVE ACCOUNT, YOU SHOULD CALL CUSTOMER SUPPORT AT 1-800-954-0559.

    C. SMS/Text Messages

    You may opt in on the Serve Site to receive the SMS Service on or through your wireless device or other Equipment. If you opt in to receive the SMS Service, you agree to receive via SMS communications otherwise known as "text messages" from us at the U.S. mobile number you have provided and verified for such purposes.

    The Serve Text Pay part of the SMS Service allows Users who have successfully opted in to the SMS Service, and who have successfully verified their U.S. mobile number(s), to use SMS to conduct certain inquiries with respect to their Serve® Account, such as, for example, to check their balance, to view a designated number of the most recent transactions involving their Serve® Account, etc. The Serve Text Pay part of the SMS Service also allows Users who have successfully opted in to the SMS Service, and who have successfully verified their U.S. mobile number(s), to transact with one another via SMS (i.e., to send or request money to or from another User via SMS), which transactions Users may be able to initiate either on or through the Serve Site or directly from their wireless device or other Equipment. (Note that the SMS Service will not facilitate a User sending or requesting money by text message to a mobile phone number of another User if that User has not successfully verified his or her mobile number and has not expressly opted in to receive such text messages at such mobile number.) The Refer-A-Friend part of the SMS Service allows Users who have successfully opted in to the SMS Service, and who have successfully verified their U.S. mobile number(s), to use SMS to sent a text message to Serve to invite others (by e-mail) to open Serve® Accounts.

    If you, as a User, have successfully registered for and opted in to the SMS Service (which includes, amongst other things, successfully verifying your U.S. mobile number(s) you wish to use in connection with your use of the SMS Service), you understand that you will receive text messages in connection with your use of the SMS Service to, among other things, provide you with the information you request, and otherwise in connection with certain transactions initiated by you, or initiated by other Users that wish to transact with you via SMS (e.g., by sending to you, or requesting from you, money). In addition to those messages, you understand that, as part of the SMS Service, you also may receive error messages, confirmatory messages and other similar administrative messages from us via text at your U.S. mobile number you have provided for such purposes.

    You understand that your Wireless Service Provider's message and data rates may apply to messages sent and received in connection with the SMS Service (including, without limitation, any error messages, confirmatory messages or other administrative messages that you may receive in connection with your use of the SMS Service), and may appear on your Wireless Service Provider's bill or deducted from your pre-paid wireless balance.

    You may cancel your enrollment in the SMS Service at any time by replying "STOP" to any SMS Service text message you receive from us or by texting "STOP" to SERVE (73783), and you understand that, for your protection, you may receive a text message on your U.S. mobile number confirming your cancellation. If you require information or assistance, reply "HELP" to any text message you receive from us or text "HELP" to SERVE (73783), or call Customer Support at the following toll-free number: 1-800-954-0559.

    D. Fees

    As of the date you have agreed to this Agreement, we do not charge for use of the SMS Service or access to the Information (defined below). However, your Wireless Service Provider may levy fees or charges for receipt or sending of messages by your Equipment through the SMS Service, and you are solely responsible for such charges, which may appear on your wireless bill or deducted from your pre-paid wireless balance.

    You are also responsible for any fees associated with use of the Equipment and you represent that you are the owner or authorized user of the Equipment that you use to sign up for and to use the SMS Service, and that you are authorized to approve any applicable charges.

    E. Information

    We are providing you with access to various types of information through the SMS Service which may include, without limitation, your account and other financial information directions (the "Information") solely for your own use and not for further redistribution. The Information is our property and is protected by applicable law. We reserve any rights not expressly granted herein. All Information is believed to be accurate and timely (subject to any delays), but we and our Technology Providers do not warrant or guarantee such accuracy or timeliness.

    F. Availability/Interruption/Termination

    The SMS Service and System are available through your Equipment when it is within the operating range of your Wireless Service Provider. Note that the SMS Service may not be available on all Equipment, or through all wireless carriers, and not all functionalities of the SMS Service are available on all Equipment, or through all wireless carriers. Alltel, AT&T, Boost, Cellular Communications, Cellular South, Cincinnati Bell, Cricket, GetLisa, InterOp, MetroPCS, nTelos, Nextel, Sprint, T-Mobile®, Verizon Wireless, Virgin Mobile, and U.S. Cellular are participating wireless carriers for the SMS Service.

    The SMS Service is subject to transmission limitation or interruption. You acknowledge and agree that we are not responsible for performance degradation and delays due to conditions on the Internet or due to the Equipment, or actions of your Wireless Service Provider or the Technology Providers. You acknowledge that we and the Technology Providers shall not be liable to you if the SMS Service in a given location is not available. If the SMS Service is not available within your intended location, you agree that your sole remedy shall be to cease using the SMS Service.

    We have the right to terminate the SMS Service or this Agreement at any time, for any purpose, without notice to you, except as required by applicable law.

    G. Use of SMS Service/Equipment

    You agree not to use the SMS Service for any unlawful or abusive purpose or in any way, which damages our property or interferes with or disrupts the System or other users. Resale of the SMS Service is prohibited without prior contract arrangements with us and any required regulatory approvals. You are responsible for ensuring that your Equipment is compatible with the SMS Service and System and meets federal standards.

    H. Privacy and Security

    Any information provided to us by you in association with the SMS Service shall be governed by the American Express Online Privacy and Security and we will endeavor to keep your messages private, subject to such Privacy Statement, viewable only by you (or the intended recipient of your messages, as designated by you, as applicable), us, your Wireless Service Provider and our Technology Providers. However, you acknowledge and agree that we shall not be liable for any messages you request or request be sent while using the SMS Service as they are delivered over facilities not under our control. Further, you acknowledge and agree that the parts of the SMS Service are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service. We have the right to access the content of your Serve® Account and/or wireless account with your Wireless Service Provider for the purpose of identifying and resolving technical problems and/or service-related complaints.

    You authorize our monitoring and recording of voice calls and text messages to us concerning your Serve® Account or the SMS Service and consent to our use of automatic dialing equipment to contact you. We have the right to intercept and disclose any messages over our facilities in order to protect our rights or property. We may need to look at your messages sent or received in connection with the SMS Service if we believe it is necessary to protect us or others from injury or damage. We reserve the right to take any appropriate action if we become aware of any use of the SMS Service we believe violates any law or is otherwise wrongful.

    I. Passwords and Unauthorized Usage

    If your Equipment is lost or stolen or if SMS Service is fraudulently used, you must immediately notify us. We have the right to interrupt or restrict SMS Service to your Equipment, without notice to you unless required by applicable law, if we suspect fraudulent or abusive activity, or for any other reason in our discretion. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to cooperate may result in your liability for all fraudulent usage.

    J. Changes to this Agreement

    We may change, modify or supplement this Agreement, including, for example, adding or modifying the SMS Service's features, from time to time by modifying the "Last Modified" date at the beginning of this Agreement and posting such change or modification on our website at https://www.serve.com/legal.html. Any modifications to this Agreement will only affect your and our respective rights and obligations from the effective date of the change(s) and thereafter. If you do not agree with the modified Agreement, you must cease using the SMS Service. If you continue to use the SMS Service after a change in the SMS Service or to this Agreement, you agree to such change and its applicability to you.

    K. No Warranties/Limitation of Liability

    1. No Warranties

    WE SPECIFICALLY DISCLAIM ANY RESPONSIBILITY FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY YOU OR ANY THIRD PARTY AND IN NO WAY WARRANT THE CAPABILITIES OF ANY SUCH EQUIPMENT OR SOFTWARE USED IN CONJUNCTION WITH THE SMS SERVICE. YOU EXPRESSLY AGREE THAT USE OF THE SMS SERVICE AND ACCESS TO THE SYSTEM ARE AT YOUR SOLE RISK. THE SMS SERVICE AND SYSTEM ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE ARE NOT LIABLE FOR SMS SERVICE OR SYSTEM OUTAGES OF ANY DURATION. WE MAKE NO EXPRESS WARRANTY REGARDING THE SMS SERVICE, SYSTEM, OR THE EQUIPMENT AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF THE EQUIPMENT AND ANY STATEMENT REGARDING IT SHOULD NOT BE INTERPRETED AS A WARRANTY. WE MAKE NO WARRANTY THAT THE SMS SERVICE OR SYSTEM WILL MEET YOUR REQUIREMENTS, OR THAT THE SMS SERVICE OR SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE OR TECHNOLOGY PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SMS SERVICE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SMS SERVICE. WE OR OUR TECHNOLOGY PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SMS SERVICE OR SYSTEM AT ANY TIME. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SMS SERVICE AND SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

    2. Limitation of Liability for the SMS Service

    AXP, SERVE, and their parent companies, subsidiaries and affiliates, including their directors, officers and employees (collectively, "AXP Companies") shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (i) your use of the SMS Service, (ii) access to the System (iii) your use of any Equipment in connection with the SMS Service or for Equipment failure or modification, (iv) the content of Information or other materials included with or accessed via use of the SMS Service, (v) the failure to deliver any SMS Service messages, or the delivery of SMS Service messages at times different than the times that you may have designated, (vi) any acts or omissions of any Technology Providers or Wireless Service Providers, (vii) for system failure or modification, or (viii) any "force majeure" (i.e., any flood, extraordinary weather conditions, earthquake or other act of god, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of us or our Technology Providers. NEITHER AXP COMPANIES NOR THE TECHNOLOGY PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING FROM THE USE OR THE INABILITY TO USE THE SMS SERVICE OR SYSTEM, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY MESSAGES RECEIVED (OR NOT RECEIVED) OR SENT (OR NOT SENT) THROUGH THE SMS SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE AND/OR TECHNOLOGY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    3. Maximum Liability

    NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, OUR MAXIMUM LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED $100.00. IN STATES WHERE SUCH LIMITATIONS ON LIABILITY ARE NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

    4. Survival

    THIS PARAGRAPH K SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

    L. Indemnity

    You agree to indemnify and hold the AXP Companies harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party resulting from or arising out of your use of the SMS Service or System (or the SMS Service or System by persons using your password, your account or your Equipment) or your violation of this Agreement. This Paragraph L shall survive termination of this agreement.

    M. Assignment

    We may assign all or part of our rights or duties under this Agreement without such assignment being considered a change to the Agreement, and without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent.

    N. Notices

    Written notices to you shall be effective three (3) days following the date deposited in the U.S. Mail addressed to your address as kept in our files or immediately upon transmission of an e-mail to you at the e-mail address kept in our files. Your notice must specify your name and U.S. mobile number (or other SMS address) used for the SMS Service. We will not give you notice of any subpoenas or court orders related to your Serve® Account or use of the SMS Service unless required by law.

    O. Entire Agreement

    This Agreement, including all agreements referenced herein, represents the entire agreement between you and us with respect to the subject matter hereof, which may only be amended as described in this Agreement. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable.

    P. Governing Laws

    This Agreement, and any claim, dispute or controversy arising from or relating to this Agreement, is governed by and construed in accordance with the laws of the State of New York (without regard to its conflict of laws rules) and applicable federal law. The legality, enforceability, and interpretation of this Agreement and the amounts contracted for, charged, and received under this Agreement will be governed by such laws. This Agreement is entered into between you and us in New York.

    Q. Miscellaneous Provisions

    This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.

    Instant Account Verification Terms and Conditions

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    Last Modified: February 8, 2011

    Instant Account Verification is intended to verify your authority and access to external financial accounts by confirming your ability to access such accounts. Your use of Instant Account Verification is subject to the following terms and conditions. Proceeding with Instant Account Verification constitutes your assent to and acceptance of these terms and conditions.

    (a) PROVIDE ACCURATE INFORMATION. You agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other financial institutions and you agree to not misrepresent your identity on your account information.

    (b) INSTANT ACCOUNT VERIFICATION. When you elect to use Instant Account Verification, you authorize Serve Virtual Enterprises, Inc. ("Serve") and its supplier Yodlee, Inc. ("Yodlee") to access third party sites designated by you, on your behalf, to retrieve information requested by you.  For all purposes hereof, you hereby grant Serve and Yodlee a limited power of attorney, and you hereby appoint each of Serve and Yodlee as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN SERVE OR YODLEE ACCESSES AND RETRIEVES INFORM THIRD PARTY SITES, SERVE AND YODLEE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that Instant Account Verification is not endorsed or sponsored by any third party account providers accessible through Instant Account Verification. You are licensing to Serve and Yodlee any information, data, passwords, materials or other content (collectively, "Content") you provide in connection with your usage of Instant Account Verification.  Serve and Yodlee may use, modify, display, distribute and create new material using such Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Serve and Yodlee may use the Content for the purposes set out above. As between Serve and Yodlee, Serve owns your confidential account information.

    (c)  USE OF RESULTS LIMITED.  You agree that the results of Instant Account Verification are for use by you and Serve and its service providers only in connection with the Serve service provided by American Express Travel Related Services Company, Inc., on the Serve website.  You agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the Instant Account Verification.

    (d)  LIMITATION OF LIABILITY.  YOU AGREE THAT NEITHER SERVE NOR YODLEE, NOR ANY OF THEIR RESPECTIVE AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF SERVE OR YODLEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE INSTANT ACCOUNT VERIFICATION OR ANY OTHER MATTER RELATING TO INSTANT ACCOUNT VERIFICATION, INCLUDING BUT NOT LIMITED TO (i) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES; (ii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM INSTANT ACCOUNT VERIFICATION; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANYONE ON INSTANT ACCOUNT VERIFICATION; OR (v) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES.

    (e)  INDEMNIFICATION.  You agree to indemnify and hold harmless Serve and Yodlee and their respective affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of Instant Account Verification or your violation of these terms.

    You agree that Yodlee is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Yodlee were a party to these terms and conditions.

    Refer A Friend Terms and Conditions

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    Last Modified: April 25, 2013

    IMPORTANT: Please read the following Terms and Conditions carefully before participating in the Serve Refer a Friend Program ("Program") that is being run by American Express Travel Related Services, Inc. (“TRS”) and Serve Virtual Enterprises, Inc. (“Serve” and, together with TRS, “We”, “Us”, or “Our”) on (1) Serve.com (“Serve Site”) and (2) the Serve application on Facebook.com ("Serve App"). The Program was created to encourage our customers to refer new customers and for those customer’s friends and family to sign-up for Serve. The Program is void where prohibited. We reserve the right to discontinue the Program at any time.

    By participating in this Program and submitting the contact information of your friends (including Facebook “friends”), neighbors, family members, and associates to Us (hereinafter each friend, neighbor, family member, or associate is referred to as a “Contact"), you agree and consent (1) to be bound by these Terms and Conditions of the Program and (2) to having Us (a) forward an e-mail using your full name as the “referrer” in the sender field or (b) post a Facebook Wall Post, on your behalf to all such Contacts containing an invitation to register as a Serve Accountholder.

    1. Information for the Program available via the Serve Site

    The Program available via the Serve Site enables registered Serve Accountholders to refer other individuals they know to Us for the purpose of forwarding an e-mail to those individuals inviting them to register as Serve Accountholders. To participate in the Program via the Serve Site, you may do so by visiting the Serve Site and clicking on “Invite Friends” or “Refer a Friend” links to reach the Refer A Friend page and submitting the e-mail address of any Contact you believe might be interested in becoming a registered Serve Accountholder. As described below, there is no monetary reward, bonus or incentive for referrals made via the Serve Site.

    2. Information for the Program available via the Serve App

    The Program available via the Serve App on Facebook enables registered Serve Accountholders to refer their Facebook “friends” by posting a message on the individual’s Facebook Wall inviting them to register as Accountholders as set forth below. To participate in the Program via the Serve App, you visit the Serve App within Facebook and click on the “Refer a Friend” link. In the new window, select your Contacts you believe might be interested in registering for a Serve account (“Account”) and send them a referral request. Once your referred Contact successfully completes registration for an Account using the link you send them, activates their Serve card (“Card”), and then adds money to their Account (via Direct Deposit, from a bank account, credit or debit card or cash via a Green Dot® MoneyPak®) for the first time, you and your Contact will each receive any rewards for which you qualify so long as such actions are completed by the end of the promotional period, which is noted within the Serve app (the “Promotional Period”). You and your Contact will receive your reward(s) no later than thirty (30) days after the end of the Promotional Period.

    3. Information Applicable to the Program via the Serve Site and the Serve App

    To be eligible, a Contact must be 18 years or older and a U.S. citizen. A Contact will be deemed ineligible for the purposes of this Program if said Contact is (a) already a Serve Accountholder or sub-account User, or (b) has previously registered with Serve and has cancelled his or her Account. A Contact will also be ineligible for the purposes of this Program, and We will not send an e-mail or Wall Post offer to such Contact, if his or her e-mail address appears on the opt-out lists of American Express Travel Related Services Company, Inc., or Serve Virtual Enterprises, Inc. For privacy reasons, you will not be notified if any of your Contacts are ineligible for any reason.

    Approval of a Contact as a registered Serve Accountholder is based upon his or her compliance with and satisfaction of, Our verification, registration requirements, and/or instructions We provide to the Contact for responding to the referral.

    4. Monetary Reward in Connection with the Program

    A referral reward (“Reward”) is available ONLY for Contacts referred through the Program via the Serve App.

    a. Contacts Referred through the Serve Site

    There is NO Reward or any monetary incentive available for Contacts referred through the Serve Site. If you utilize the Program via the Serve Site, we shall have no obligation or duty to remit any bonus or compensation to you whatsoever for any referral you made in connection with this Program.

    b. Contacts Referred through the Serve App

    A Reward is available only in connection with the Program utilized via the Serve App, as described below in more detail. You will receive a Reward if, by the end of the Promotional Period (which is noted within the Serve App), your referred Contact: (1) successfully completes registration for a new Account using the link you send them, (2) activates their Card and (3) then adds money to their Account (via Direct Deposit, from a bank account, credit or debit card or cash via a Green Dot® MoneyPak®) for the first time. There is no minimum amount of money that the Contact must add to meet the “add money” requirement. The referred Contact must be a new, first-time Serve Accountholder that has not previously registered with Serve or been a sub-account user.

    For each referred Contact that completes the required actions by the end of the Promotional Period, you will receive a $5 credit to your Account, up to a maximum of $100. For example, if you refer 75 Contacts and each Contact successfully signs-up for a new Account, activates their Card and then adds money to their Account from a bank account, credit or debit card or cash via a Green Dot® MoneyPak®, you will only get a Reward for the first 20 of those referred Contacts and the Rewards will total $100. You may track your Rewards earned and whether you have reached the Program limit within the Serve App. After reaching the Reward limit for the Program via the Serve App, you may refer additional Contacts to Us but you will not be eligible for any further monetary reward, bonus or incentive. You must have be an existing Serve Accountholder to receive your Reward. The referred Contact will also receive a $5 credit to their Account when they successful sign-up for a new Account, activate their Card and then add money to their Account via Direct Deposit, from a bank account, credit or debit card or cash via a Green Dot® MoneyPak®.

    You will receive an e-mail from Serve when you receive a Reward. A Reward will be credited to the applicable Account no later than thirty (30) days after the end of the Promotional Period. You agree to let your referred Contacts know that you are a Serve Accountholder and that you may receive a Reward if the referred Contact satisfies the above requirements. You will not receive any Reward if your referred Contacts are rejected or are not received for any reason, or if you fail to comply with any of the obligations of the Program or these Terms and Conditions.

    5. Additional Terms and Conditions

    We are not responsible for lost, garbled, or misdirected responses, or incorrect Contact information. We reserve the right to deny any Contact's registration for any reason. American Express Travel Related Services Company, Inc., and Serve Virtual Enterprises, Inc., and their respective parents, affiliates, subsidiaries, and advertising and promotions agencies disclaim all liability in connection with this Program, its promotion, and administration.

    EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, THE PROGRAM, THE PLATFORM, OR ANY FEATURE THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

    NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, IN NO EVENT SHALL WE OR ANY OF OUR DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, NOR FOR ANY LOST PROFITS OR REVENUES, IN CONNECTION WITH OR ARISING OUT OF THIS PROGRAM OR THE SERVICE.

    We reserve the right to terminate the Program at any time. If notification of Program termination is provided, such notice will be sent to the e-mail address that has been provided to Us during the Accountholder registration process or any later updated profile you submit to Us thereafter. We will not be responsible for failing to notify you of Program termination where such failure is caused by an error in your e-mail program, an inaccurate e-mail address, your failure to check for your e-mail or the Program website, or your failure to update your e-mail address in your Serve profile.

    We may modify the Terms and Conditions set forth herein from time to time, and your subsequent use of the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms and Conditions of the Program as featured on the Serve Site and Serve App regularly to determine whether the Program Terms and Conditions have been modified. If you do not agree to any modifications of the Terms and Conditions, you may not use the Program.

    We support information privacy protection. To protect the privacy of all users, We cannot provide any information on any Contact you provide Us with including eligibility, registration status, or approval.

    If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect. This Agreement shall be governed by the laws of the State of New York without reference to conflict of law principles.

    Serve Image Upload Terms and Conditions

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    Last Modified: December 13, 2012

    Serve allows you to personalize your account with an image/photograph and may allow you to upload images to other parts of Serve.com or through other tools made available by Serve in connection with your account. By uploading an image (the “Image”), you:

    1. represent and warrant to American Express Company and Serve Virtual Enterprises, Inc. that (a) you are the owner of the Image or you have all necessary written permissions and/or authorizations from the owner to use the same and (b) any Image provided by you does not infringe the copyright rights of any other party;
    2. grant American Express, its affiliates, advertising agencies and licensees/transferees, a perpetual, worldwide, non-exclusive, irrevocable, fully- paid, royalty-free, sub-licensable and transferable, unrestricted license to use, display, reproduce, distribute and create derivative works of the Image on any American Express website or other media now known or hereafter created; and
    3. acknowledge that American Express (and its agents) may review each Image submitted and has the right to refuse any Image at any time in its sole discretion and without reason or notice to you.

    The Image you provide through your Serve account must be in JPEG, GIF or PNG format, will be resized before saving if the file is too large and must not include any of the following:

    • Persons other than you, except for those who have given you written, notarized permission;
    • Children under 18 years of age, unless you are the parent or legal guardian of said children;
    • Depictions of any company names, trademarks, logos, slogans or brands in a disparaging or derogatory manner;
    • Advertising or promotional materials;
    • Any personal information, such as phone numbers, addresses, social security numbers, financial account numbers, PIN numbers or email addresses;
    • Domain names;
    • Violent, bloody, indecent, profane pornographic, nude or semi-nude and obscene or otherwise provocative content;
    • Culturally, racially or socially insensitive or otherwise discriminatory or harassing content;
    • Depictions or promotion of the use of illegal drugs, alcohol, tobacco, gambling or firearms or related materials or activities;
    • Political or religious expressions opinions or beliefs;
    • Libelous, derogatory or defamatory content;
    • Content that violates the American Express Terms of Service; or
    • Content that violates any applicable rules, regulations, ordinances or laws.

    Serve Deals & Offers User Agreement

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    Last Modified: July 16, 2013

    Important Information: We are discontinuing Serve Deals & Offers. We will honor all Deals and Offers that you have purchased or linked to your Card and the terms applicable to the Deal or Offer are not changed. Please click here for more information.

    The Serve Deals & Offers User Agreement (“Serve Deals & Offers User Agreement”) is between you and Serve Virtual Enterprises, Inc., a Delaware corporation and a wholly-owned subsidiary of American Express Travel Related Services Company, Inc. (“Serve,” “we” or “us”). Serve, via the Serve Website (www.serve.com) and its mobile applications, may from time to time provide you with the opportunity to participate in various marketing and incentive deal and offer programs for goods or services offered by third party sellers (collectively, the “Serve Deals & Offers Program”). Serve permits users to register and to establish an Account with Serve to make payments and transfer funds online and offline including by use of Serve-branded Prepaid Cards (each such Account, a “Serve Account” and each such user, a “Serve Account holder”). Serve Accounts may be used in connection with the Serve Deals & Offers Program as described below. All services directly provided by Serve are collectively referred to in this document as the “Serve Services.”

    This Serve Deals & Offers User Agreement includes all of the terms and conditions set out below, and incorporates by reference the American Express Terms of Service and the American Express Privacy Statement incorporating those documents into and making them a part of, this Serve Deals & Offers User Agreement. The use of the Serve Services in connection with the Serve Deals & Offers Program is also governed by the Serve Consumer User Agreement. Therefore, the Serve Deals & Offers User Agreement, the Serve Consumer User Agreement, the American Express Terms of Service and the American Express Privacy Statement, (including without limitation, terms relating to arbitration, limitations of liability, and indemnification), are all applicable to your participation in and use of this Serve Deals & Offers Program and your related use of the Serve Services (including in connection with browsing any web pages or any registration or transactions you may conduct).

    If at any time you do not agree to any provision of this Serve Deals & Offers User Agreement, you must not register, conduct any transactions or participate in any other activities on or through the Serve Deals & Offers Program and immediately cease use of the Serve Deals & Offers Program.

    1. General. The Serve Deals & Offers Program is designed to bring you together with sellers of goods and services (each, a “Business”) who desire to provide incentives and promotions either (1) purchased by you in advance and redeemed at the point of sale for goods or services (a “Deal”) with a Voucher (as defined in Section 5(a) below), or (2) not purchased in advance but instead saved, stored or linked to a Serve Account and redeemed at the point of sale in connection with a transaction for the payment of physical or digital goods and/or services utilizing your Serve Card or other method of payment if applicable (an “Offer”) (“Deals” & “Offers” collectively referred to as the “Promotions”). Each Business, not Serve, is the seller of the goods or services for each Deal and Offer and is solely responsible for redeeming any Voucher purchased by you or any Offer linked to your Serve Account. Each Business is the vendor of the goods or services described in its Promotion, and Serve’s sole role is limited to facilitating the connection between you and the Business with respect to the purchasing or linking or redemption of any Promotion.

    2. Terms of Use. By using the Serve Deals & Offers Program, you are representing that (1) you are 18 years of age or older, (2) you are of legal competence to enter into this binding Serve Deals & Offers User Agreement, (3) you are not otherwise prohibited from using or receiving the Serve Deals & Offers Program pursuant to the laws of the local or national jurisdiction from which you are accessing or using the Serve Deals & Offers Program, and (4) your Serve Account is active and in good standing. If you are not able to make the representations in the preceding sentence you are prohibited from using the Serve Deals & Offers Program, however, any unauthorized use of the Serve Deals & Offers Program by you shall be subject to this Serve Deals & Offers User Agreement until such unauthorized use has been terminated. User access and use of the Serve Deals & Offers Program is subject to all applicable international, federal, state and local laws and regulations.

    3. Promotion Terms. By purchasing a Voucher, viewing a mobile version of a Voucher, or by printing, accepting, using or attempting to use any Voucher or linked Offer, you also agree to the terms on the face of the Voucher, as applicable, and any additional Promotion-specific terms or fine print on the Promotion webpage (collectively, the “Promotion Terms”), in addition to this Serve Deals & Offers User Agreement. All Promotion Terms will be subject to applicable law. For avoidance of doubt, if there is a conflict between this Serve Deals & Offers User Agreement and the Promotion Terms, the Promotion Terms shall prevail.

      Unless applicable law prohibits, or Promotion Terms say otherwise, the following “Additional Restrictions” shall apply:

      Deals & Offers are non-transferable.

      Once you have purchased a Deal, as long as it has not been redeemed, and does not relate to a scheduled or ticketed event, it is refundable within 30 days from purchase.

      The value paid for any Deal will not expire.

      To redeem a Deal, you must present the Voucher and a valid government issued ID (e.g., driver’s license or passport).

      Unless otherwise provided in the Promotion Terms, if an item purchased with a Voucher has decreased in face value at the time of redemption, you will not receive a credit for the remaining amount, except as required by law.

      Neither Serve nor the Business is responsible for lost or stolen Vouchers or Vouchers not received by you for any reason, including, but not limited to, an invalid email address or emails caught in a spam filter.

      Reproduction, sale or trade of a Voucher is prohibited.

      If you do not redeem an Offer by the expiration date stated on the Offer page, that Offer will be void.

      Promotions are available while supplies last.

      Blackout dates may apply.

      A Promotion may be withdrawn until purchase is confirmed.

      A Promotion cannot be combined with any other deal, coupon, offer or discount, unless otherwise specified by the Business.

      A Promotion must be redeemed in its entirety at time of initial redemption or in one visit (as applicable), and cannot be used for multiple visits, unless otherwise specified in specific Promotion Terms or by the Business.

      No Promotion can be redeemed for cash, except as required by law.

      Business’ cancellation/re-scheduling policy applies. Visit the Business’ website or call the Business for complete details.

      Tickets/passes are subject to terms and conditions specified thereon.

      You must comply with all venue rules and regulations associated with the redemption of any Promotion.

      You may be required to sign consent, release or other forms required by the Business to participate in an activity.

      If you incur additional costs or purchase additional services from the Business beyond the value of the Promotion, you are responsible for such costs at time of visit and must use a form of payment acceptable to the Business.

      Any attempted redemption not consistent with the Promotion Terms will render the Promotion null and void.

      Promotion is limited to the activities, services or products described, unless otherwise specified by the Business.

      Promotions for restaurants may have limitations on the amount of the value that can be redeemed for alcoholic beverages.

      The Business is the seller of record for each Promotion and is solely responsible for it and for the offered services/goods/activities. Serve is merely providing the Promotion on behalf of the Business, and the applicability and compliance with any relevant law is solely determined by the Business. Serve has no role in any determination or action on the part of the Business.

      Serve is not responsible for any injuries, illnesses, damages, claims, liabilities or costs suffered by you in connection with the purchase and/or redemption of any Promotion, or receipt of (or failure to receive) any service or product, or participation in any activity purchased with the Voucher and/or redeemed in connection with any Promotion.

      Promotions will be void to the extent prohibited by law.

    4. Purchases. Subject to the Serve Consumer User Agreement and Section 2 above, you must register and be a Serve Account holder or a person authorized by the Serve Account holder to have a subaccount connected to the Serve Account holder’s Serve Account, in order to purchase a Deal or link an Offer. Registration for a Serve Account or access to a subaccount is required so we can collect information to allow you to pay for Deals or link, store or save Offers to your Serve Account, use your Offers, provide you with easy access to print your Deals, view your past purchases or modify your preferences. When purchasing a Deal or linking an Offer to or redeeming an Offer via your Serve Account, you are required to log into your Serve Account and follow the directions therein. Notwithstanding the forgoing and subject to this Serve Deals & Offers User Agreement, you may make a one-time purchase of a Deal with a purchase price of up to no more than One Hundred and Fifty Dollars (US$150) (“Quick Transaction”), without registering or otherwise using a Serve Account. In order for you as a non-Serve account holder to complete a Quick Transaction, you are required to submit email, credit card, billing and other information to create a temporary Account (“Temporary Account”) in order to purchase a Deal. Your submission and our use of the information submitted in connection with the Serve Deals & Offers Program will be subject to the terms of our Privacy Statement.

    5. Redemption.

      • Deal: Upon purchase of a Deal, we will send you a voucher (“Voucher”) through the method set forth in the Promotion Terms. The Deal you purchase is redeemable for the goods or services stated by the Business upon presentation of a printed or electronic Voucher in accordance with the Promotion Terms.

      • Offer: Upon linking an Offer to your Serve Account, the Offer will automatically be applied to a qualified purchase when you use your Serve Card or other Serve Services at the location of the Business in accordance with the Promotion Terms (which may be online or offline but in any event redeemable only as stated in the Promotion Terms). You may only link one Offer per Business at a time; however, you may unlink a previously linked Business Offer and then link another Offer by the same Business. When redeeming an Offer, you will be charged the full amount of the transaction (inclusive of the Offer amount) and subsequently credited the amount of the Offer to your Serve Account within seven business days from the date of the transaction. For the sake of clarity, at the point of redemption, you must have sufficient funds in your Serve Account to cover the full amount of the transaction before the amount of the credit you will receive in connection with the Offer has been applied. For example, if the Offer is 25 percent off of a $100 transaction, if you spend a total of $100, you will be charged $100 at the time of purchase and your Serve Account will subsequently be credited $25 within seven business days from the date of the transaction.

        In some instances, you may be able to redeem Promotions using different components of the Serve Services, for example, making electronic purchases using a Voucher, using a Serve-branded payment icon that enables Serve Account holders to access and use their Account to purchase goods and services (the “Serve Button”), making online purchases using the Serve Card, or other functionalities provided by the Serve Services.

    6. Expiration of Voucher. Subject to applicable law, the Deal you purchase may expire after a certain period (the “Expiration”), and you may no longer be able to redeem the Voucher after any stated Expiration. It is important that you use the Voucher to redeem the Deal with the relevant Business before any stated Expiration in order to obtain the goods or services described in the Deal. In the event you do not redeem the Voucher before any stated Expiration, the purchase price that you paid for the Voucher will be converted into store credit that you may use at the relevant Business at any time. Conversion of the purchase price into store credit shall constitute your sole remedy in the event you do not redeem a Voucher before any stated Expiration.

      Vouchers contain two values that make up the Deal value: (i) a paid value equal to the amount you are charged and will be deducted from either your Serve Account or Temporary Account for a Quick Transaction (as applicable) (“Amount Paid Value”), and (ii) a promotional portion equal to the difference between the Amount Paid Value and the face value of the Voucher (“Promotional Value”). For example, if you pay $40 for $60 worth of services, the Voucher has an Amount Paid value of $40, and a Promotional Value of $20 which equals the difference between the face value ($60) and the Amount Paid Value (e.g., $40).

    7. Refund Policy for Deals. You understand and agree that once you purchase a Deal, as long as it has not been redeemed, and does not relate to a scheduled or ticketed event, it is refundable within 30 days from purchase (“Deal Refund Policy”). To obtain a refund, contact Serve Customer Service by telephone at 1-800-954-0559. Any Promotion Terms that conflict with this refund policy will override the terms of this Serve refund policy. Please refer to our Customer FAQs for more information about our refund policy. This Deal Refund Policy will only apply to goods and services purchased by redeeming a Voucher issued pursuant to a Deal. In the event you are seeking a refund for any additional goods and/or services purchased from the same or a different Business using your Serve Account, even if purchased at the same time that you redeem a Voucher in connection with a Deal, the dispute policy governing your Serve Account will apply. Please see the Serve Consumer User Agreement for information about the Serve Account dispute policy.

    8. Security. Make sure you keep all Vouchers secure and confidential. We will not be responsible for forgotten, lost, stolen or misappropriated Vouchers. We have no obligation to ensure that a particular Voucher is being presented to a Business by the bona fide purchaser of that Voucher.

    9. Responsibility for Promotions, Voucher, Goods and Services. Without limitation of any of the provisions in the American Express Terms of Service and (i) the Business is the seller of the Promotion and any goods or services associated with any Promotion. Each Business, and not us, shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities or costs suffered by or in respect of a customer, caused in whole or in part by the Business, its Deal, a Voucher, an Offer and/or the Business’ products or services, and for any unclaimed property liability arising from unredeemed Vouchers; and (ii) you waive, and release us and our officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of a Business in connection with a Promotion, Voucher or the goods and/or services provided in connection therewith, and any claim related to compliance with applicable unclaimed property and other laws relating to the redemption or use of, or inability to redeem or use Offers, Vouchers, stored value cards, codes or similar matters.

    10. Tax Liability. The determination of tax liability for any federal, state or local taxes (as may be applicable) arising out of the purchase or redemption of a Promotion shall be your sole responsibility.

    11. Availability. The goods and/or services described in any Promotion may only be available in limited quantities and may not be available in all jurisdictions. Some Promotions require you to physically be present to redeem and/or to use your Voucher or to redeem your Offer. Please carefully check the Promotion Terms of each Promotion for more details.

    12. Changes to or Termination of Serve or the Serve Deals & Offers User Agreement. This Serve Deals & Offers User Agreement constitutes the entire agreement between you and us concerning the Serve Deals & Offers Program. We may change the terms of this Serve Deals & Offers User Agreement (and/or any agreements, policies or other terms referenced, incorporated or linked to herein) from time to time on a going-being posted to the Serve website or other access point of the Serve Services or Serve Deals & Offers Program. If you do not agree to any changes, you should not conduct any more transactions or participate in any other activity on or through Serve Deals & Offers Program. You should check this page periodically for such changes. You can determine when this Serve Deals & Offers User Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Serve Deals & Offers User Agreement. Your use of the Serve Deals & Offers Program after any modifications to the Serve Deals & Offers User Agreement indicates that you agree to such modified Serve Deals & Offers User Agreement. We may change, suspend or discontinue all or any portion of the Serve Deals & Offers Program (or your participation in same) at any time without prior notice. This Serve Deals & Offers User Agreement will automatically terminate in the event you violate any of its terms or conditions. Any Vouchers issued or Offers linked prior to your breach of the Serve Deals & Offers User Agreement or prior to any discontinuance of the Serve Deals & Offers Program will be honored according to the Promotion Terms of the Promotion and the terms of the Serve Deals & Offers User Agreement.

    13. Communications. The communications between you and us use electronic means. You (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

    14. Indemnification/Release. You agree to defend, indemnify and hold harmless Serve, its subsidiaries, affiliates, parent and its and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to (i) any goods or services purchased by you in connection with the Serve Deals & Offers Program, (ii) any use of the Serve site or Serve Services in violation of this Serve Deals & Offers User Agreement, and (iii) actual or alleged infringement of any intellectual property rights.

    15. Intellectual Property. You are prohibited from the following (i) disassembly, decompilation or reverse engineering of the Serve Deals & Offers Program, platform, applications, site or source code and (ii) intentional use of any device, software or technique to interfere with or attempt to interfere with the proper working of the Serve Deals & Offers Program, Serve Services, platform, site or applications.

    16. Delay of Rights. We can waive or delay enforcement of any of our rights under this Serve Deals & Offers User Agreement without losing them.

    17. Arbitration and Governing Law. Any dispute relating to the Serve Services or this Serve Deals & Offers User Agreement can and will be resolved by arbitration if either you or we select arbitration. Arbitration may be initiated by you or us filing a claim with the American Arbitration Association (“AAA”) or JAMS. If we select one of these organizations, you shall have thirty (30) days to select the other. If you select one of these organizations, we will honor your choice. If either of these organizations is unavailable, an arbitrator may be appointed pursuant to Section 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1- 16. In addition, a dispute may be resolved by any other arbitration organization if all parties agree in writing to do so.

      Disputes shall be arbitrated on an individual basis. There shall be no right to arbitrate on a class action basis or on behalf of the general public or other person similarly situated. The arbitrator’s authority to resolve disputes and make awards is limited to disputes between you and us alone. Disputes may not be joined or consolidated with any other disputes, unless agreed to in writing by all parties. If any portion of this paragraph is deemed invalid or unenforceable under applicable law, then the entirety of this paragraph shall not apply.

      Any arbitration hearing you attend shall take place in the federal judicial district of your residence. The arbitration association will likely charge fees, and you will be responsible for one-half of such fees up to the amount of the filing fees you would have incurred if you had brought a claim in the court closest to your residence that would have had jurisdiction. We will be responsible for any additional arbitration fees. If any portion of these arbitration provisions, other than the second paragraph above, is deemed invalid or unenforceable, it shall not invalidate the remaining portions of these arbitration provisions. These arbitration provisions shall not apply to disputes about the validity, enforceability or scope of these arbitration provisions.

      This Serve Deals & Offers User Agreement is governed by, construed and enforced in accordance with the laws of New York without regard to conflicts of laws principles. If for any reason a matter is not arbitrated as provided in this Serve Deals & Offers User Agreement then any cause of action brought to enforce this Serve Deals & Offers User Agreement, or in connection with any matters related to the Serve Services shall be brought only in the applicable State or Federal Courts located in New York, New York, and you expressly consent to the personal jurisdiction and venue of said courts. Any cause of action arising out of or related to this Serve Deals & Offers User Agreement or the Serve Services must commence within two (2) years after the cause of action arose; otherwise, such cause of action is permanently barred.

    18. Non-Assignability. You may not assign or transfer this Serve Deals & Offers User Agreement or any of your rights, obligations, duties, responsibilities, or liabilities under this consent, and any attempt to the contrary without our prior written consent shall be null and void. This Serve Deals & Offers User Agreement shall be binding on you and your respective executors, administrators, and permitted assigns. We may assign all or portions of our rights and obligations under this Serve Deals & Offers User Agreement without your approval to any entity which acquires all or substantially all of our assets or to any affiliate or successor.

    19. Severability. If any provision of this Serve Deals & Offers User Agreement are determined to be invalid or unenforceable under any applicable law, the validity or enforceability of any other provision of this Serve Deals & Offers User Agreement shall not be affected, and, in lieu of such invalid or unenforceable provision, there shall be added automatically, as part of this Serve Deals & Offers User Agreement, a provision as similar in terms as may be valid and enforceable, if possible.

    20. No Third Party Beneficiaries. This Serve Deals & Offers User Agreement is for the sole benefit of you and Serve and your and its successors and permitted assigns and nothing herein express or implied shall give or be construed to give any person or entity other than you or Serve any legal or equitable rights hereunder.

    21. Entire Agreement. This Serve Deals & Offers User Agreement (including all agreements and policies referenced in this Serve Deals & Offers User 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.

    22. Survival. Sections 6, 9, 14-22, shall survive the termination of this Serve Deals & Offers User Agreement.

    We recommend that you retain a copy of this Serve Deals & Offers User Agreement in either electronic or tangible format for your subsequent reference.

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