Serve^® American Express^® Reloadable Prepaid Card - Serve Cash Back Temporary Card Cardholder Agreement

Introduction

 

Thank you for purchasing the Serve American Express Reloadable Prepaid Card - Serve Cash Back. This package includes a temporary, non-reloadable Serve Cash Back prepaid card (“Serve temporary card”) issued in connection with the Serve American Express Prepaid Debit Account – Serve Cash Back (“Serve Account”).

 

This Cardholder Agreement sets forth the terms and conditions governing the Serve temporary card you purchased and the Cash Back you may earn while using your Serve temporary card. This Cardholder Agreement also includes certain information about how to register your Serve temporary card and upgrade it into a “Serve Account”, how to temporarily use the Serve temporary card in connection with your Serve Account, and some of the terms that will apply after you register and upgrade to a Serve Account.

 

Although the Serve temporary card has many useful functionalities, its key purpose is to introduce you to Serve and encourage you to register for and upgrade to a Serve Account. The Serve temporary card does not provide all of the features, benefits and services of a Serve Account. This Cardholder Agreement discloses some terms that will apply to your Serve Account after you register and upgrade, but it does not provide the complete terms and conditions that will apply when you upgrade to a Serve Account. When you register for a Serve Account, you will be provided with the full terms and conditions in effect at the time of registration. You can find the full terms and conditions for a Serve Account currently in effect at serve.com/Legal.

 

You can obtain additional information about Serve and register for a Serve Account at serve.com (the “Website”) or via the Serve Mobile Application available for free download at the Apple® and Android® application stores (the “Serve Mobile Application”). When you upgrade to a Serve Account, (i) the remaining funds on your Serve temporary card (to the extent you provided your Serve temporary card number at registration) will be in your Serve Account, and (ii) this Cardholder Agreement will cease to govern transactions conducted by you in connection with the Serve Account, including transactions using such Serve temporary card. Such transactions will be governed by the Serve American Express Prepaid Debit Account - Serve Cash Back Consumer User Agreement (“Consumer User Agreement”). Until the date you activate the personalized card associated with your Serve Account (a “Serve personalized card”), your Serve temporary card can be used for limited purposes in connection with your Serve Account.

 

If you have any questions about the Serve temporary card or Serve, please call Serve Customer Service at 1-800-954-0559 (“Customer Service”) anytime, 24 hours a day, 7 days a week.

1. CARDHOLDER AGREEMENT OVERVIEW

This Cardholder Agreement governs your use of the Serve temporary card. By signing or using the Serve temporary card, you agree to be bound by this Cardholder Agreement in its entirety. Should you wish not to be bound by this Cardholder Agreement, you must, prior to using the Serve temporary card, request a refund of the value of the Serve temporary card by calling Customer Service. In this Cardholder Agreement, “you” and “your” means the person who has acquired and loaded funds to the Serve temporary card. The terms “we,” “our” and “us” refer to American Express Travel Related Services Company, Inc., the issuer of the Serve temporary card. This Serve temporary card may only be used by the person who has acquired and loaded funds to the Serve temporary card, and at no time may you authorize anyone else to use the Serve temporary card. You must be at least 18 years of age (19 years of age if you reside in a state where the age of majority is 19) to acquire and load the Serve temporary card and register for and upgrade to a Serve Account.

2. BUSINESS DAYS

For purposes of this Cardholder Agreement and the Consumer User Agreement, our business days are Monday through Friday, other than federal banking holidays.

3. ABOUT YOUR SERVE TEMPORARY CARD

Your Serve temporary card is a prepaid payment device which must have funds loaded to it prior to use. The Serve temporary card does not have an overdraft/credit feature.

 

The Serve temporary card cannot be used for ATM cash withdrawals. You may use the Serve temporary card to make final payments, but may not be able to use the Serve temporary card to make reservations or deposits (e.g., car rental or hotel reservations). You may not use the Serve temporary card to engage in any type of illegal activity or make any prohibited purchase (e.g., purchase of alcohol or tobacco by a minor). Merchant categories are determined by Merchants and other parties, and you agree to hold us harmless for any transactions that occur as a result of inaccuracies in Merchant classification.

 

Your Serve temporary card is not a gift, credit, debit or charge card, and does not constitute a checking, savings or other demand deposit account. The Serve temporary card is not a payroll card and cannot be used to make payroll to anyone. The Serve temporary card is not intended for gifting purposes. Except where required by law, the Serve temporary card is not redeemable for cash. The Serve temporary card is not transferable and you agree not to permit any other person to use your Serve temporary card.

 

You are wholly responsible for the use of the Serve temporary card in accordance with the terms of this Cardholder Agreement. Funds on the Serve temporary card are not FDIC-insured and you will not receive interest on funds loaded to the Serve temporary card. The Serve temporary card is not available for sale in Vermont.

4. SETTING UP YOUR SERVE TEMPORARY CARD

 

A. Acquiring and Loading Your Serve Temporary Card

To purchase and use the Serve temporary card, there is a required minimum load of $20 US (amount may vary by retailer) and a maximum load of $500 US. Simply present an accepted tender type at the retailer or merchant location. We may change minimum and maximum permitted load amounts at any time for legal, risk management or security purposes. Once loaded, the Serve temporary card is not reloadable until you register for and upgrade to a Serve Account. Please note that the funds loaded to your Serve temporary card when you purchase your Serve temporary card do not qualify as a load transaction for any waiver, program, special promotion or offer we may sponsor from time to time for your Serve Account.

 

B. Signing Your Serve Temporary Card

 

You must sign the back of the Serve temporary card where indicated. Write down your Serve temporary card number, the 4-digit card security code on the front of the Serve temporary card (referred to also as the “Card Security Code” or “CSC”) and the Customer Service number on a separate piece of paper and keep it in a safe place in case your Serve temporary card is lost or stolen. We also strongly suggest that you keep the receipt from the loading of the Serve temporary card, as we may require it for an exchange, replacement or refund. In most cases, the Serve temporary card is ready for use minutes after loading.

5. AVAILABLE TYPES OF TRANSACTIONS USING SERVE TEMPORARY CARDS AND SERVE ACCOUNTS

 

A. Using Your Cards

 

You can use the Serve temporary card to:

 

Make purchases at mail order, online and brick and mortar establishments accepting American Express Cards (each a “Merchant”) within the United States.

Present the Serve temporary card to the Merchant at the time of payment at the Merchant’s establishment and sign the receipt with the same signature you used when you signed the back of your Serve temporary card. Retain the receipt as a record of the transaction. You agree to use the Serve temporary card only at Merchants within the United States and only for lawful purposes.

 

You can use the Serve personalized card to:

 

(i) Make purchases at mail order, online and brick and mortar Merchants throughout the world; and

(ii) Withdraw cash from your Serve account at ATMs within the United States.

 

Please note: As a result of recent European Union anti-money laundering directives, you may be limited in your ability to use your Serve personalized card/Serve Account in certain European Union jurisdictions.

 

After registration for a Serve Account and email verification, you will also be able to use your Serve temporary card for ATM access while you wait for your Serve personalized card to be delivered to you, but your transactions will be subject to lower limits than applicable to your Serve personalized card and you will not be able to use your Serve temporary card to withdraw more than $500 or conduct more than three transactions per day at an ATM.

 

Split Tender Transactions: Some Merchants will let you use your Serve temporary 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.” To make a purchase for more than the Available Funds on the Serve temporary card:

1. Present the Serve temporary card for payment and tell the cashier it is a prepaid card.
2. Tell the cashier the Available Funds and ask whether another form of payment will be accepted for the balance of the purchase.
3. Before the Serve temporary card is “swiped,” tell the cashier to only authorize the Serve temporary card for the Available Funds.
4. If the Serve temporary card is declined, remind the cashier of the Available Funds.
5. Be prepared to provide a second form of payment to cover the balance of your purchase.

 

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. If you experience any difficulty making a Split Tender Transaction, please call Customer Service for assistance.

 

Purchases At Certain Merchant Establishments: When you use your Serve temporary card to 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 on your Serve temporary card 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 purchase typically not later than the 8th day after the transaction in the case of most Merchant transactions and typically not later than the 30th day after the transaction, in the case of transactions with rental car agencies, hotels, and similar Merchants. Until their release as contemplated in the prior sentence, the excess funds subject to the hold will not be available to you for other purposes. Be sure that the Available Funds on your Serve temporary card are sufficient to cover the cost of the bill plus any anticipated gratuity. If the Serve temporary card is declined, ask the Merchant to obtain an authorization for an amount equal to or less than the Available Funds.

 

To avoid having a gas station obtain authorization for an amount that is higher than the Available Funds, we suggest that you prepay inside at the cashier for an amount equal to, or less than, the Available Funds on the Serve temporary card.

 

Returning Merchandise: If you wish to return any merchandise purchased with the Serve temporary card, you will be subject to the Merchant’s return policies. If the Merchant agrees to issue a credit to the Serve temporary card, such amount may not be reflected in the Available Balance until the credit posts, which may take 7 days or longer.

 

Funds Shortages: Each time you use your Serve temporary card, the amount of the transaction will be debited from the Serve temporary card’s Available Funds. You agree not to make a purchase or other transaction in excess of the Serve temporary card’s Available Funds. If you do make a purchase or other transaction that exceeds the Available Funds on the Serve temporary card and, as a result, the balance on the Serve temporary card is negative (a “Shortage”), you shall remain fully responsible for the Shortage amount and we reserve the right to require that you immediately forward payment to us for any such Shortage. Subject to applicable law, we reserve the right to debit the Available Funds on your Serve temporary card or any other prepaid card you hold that is issued by us or any of our affiliates for any Shortage amount.

 

Once the Available Funds on your Serve temporary card reaches zero ($0), you agree that you will no longer use the Serve temporary card. The Serve temporary card is not reloadable.

 

Limitations: Your ability to use the Serve temporary card or Serve personalized card for transactions might be limited as follows:

 

 

(i) Some Merchants might refuse to accept the Serve temporary card or Serve personalized card.

(ii) Cash withdrawal from your Serve Account might not be available at all ATMs due to restrictions or limitations imposed by the ATM owner.

(iii) We might refuse to authorize individual transactions to prevent suspected fraud against you or us, or other suspected unauthorized activity.

 

We might impose transaction limits on your Serve temporary card, Serve personalized card or Serve Account for security reasons. These transaction limits may apply only to transactions with your Serve temporary card or Serve personalized card, or they may apply to a broader class of transactions.If you experience any difficulty using your Serve temporary card, please call Customer Service for assistance.

 

B. Accessing Funds Via the Website or Serve Mobile Application After Registration

 

After registration, email verification and activation of your Serve Personalized Account, you can use the Website or the Serve Mobile Application to:

 

 

(i) Make one-time payments from your Serve Account to companies or individuals using Serve’s bill payment service;

 

(ii) Send money or make a payment to another person with a Serve Account or to a third party (provided that the third party has not opted out of receiving emails from us, and is willing to open or designate a Serve Account for the purpose of receiving the transfer);

 

(iii) Initiate an ACH transfer to your linked bank account; and

 

(iv) Use Serve's Money Transfer Powered by Ria® service to:

(a) Make transfers from your Serve Account for cash pickup by third-party recipients at any Walmart store located in the U.S. or Puerto Rico; and

(b) Make transfers from your Serve Account for cash pickup by you at any Walmart store located in the U.S. or Puerto Rico.

 

 

C. Adding Funds to Your Serve Account and Receiving Funds After Registration

 

Except in the limited circumstances noted below, you may not add any funds to your Serve temporary card after purchase. Upon registration, verification of your email address and activation of your Serve personalized card, you may add funds to your Serve Account through the following:

 

(i) The Website or Serve Mobile App using an American Express charge or credit card issued in your name;

(ii) Direct deposit of your paycheck or any Federal or state government benefit or payment (e.g., Federal tax refunds or social security payment);

 

 

(iii) Requesting and receiving money from another person with a Serve Account;

 

 

(iv) Presenting cash (U.S. currency only, minimum $20 per load) and your Serve personalized card or reload barcode generated in the Serve Mobile Application at participating retailers; and

 

 

(v) Adding checks using the Serve Mobile Check Capture by Ingo® (accessible exclusively via the Serve Mobile Application).

 

After registration, you can also load funds to your Serve temporary card by presenting cash (U.S. currency only, minimum $20 per load) and your Serve temporary card at participating retailers, but only until you activate your Serve personalized card and subject to a lifetime load limit of $1,500 (in addition to the initial load made when you purchased your Serve temporary card).

 

 

D. Limitations on Transfer Frequency and Dollar Amounts

 

§Additional Ingo^® Money imposed limits apply (currently $5,000 per day and $10,000 per month across all Ingo Money service check cashing transactions).

‡Calculated on a rolling 24-hour basis.

^Depending on your bank’s policies and terms, you may be able to transfer money to your Serve Account from your checking or savings account by initiating a transfer from your bank into your Serve Account. Please note that that the amount of that transfer will count towards the $100,000 Direct Deposit limits as noted above.

*The daily limit will be the lesser of the tax funds amount or $2,900. Once the remaining tax funds amount is $2,500 or less, the

$2,500 daily limit will apply.

6. FOR AVAILABLE BALANCE AND 24-HOUR CUSTOMER SERVICE

 

Call Customer Service at 1-800-954-0559 for 24-hour customer service and your Available Balance. You may also check your Available Balance online at the Website (serve.com). After you register and upgrade to a Serve Account, you can check your Available Balance by accessing the Serve Mobile Application.

7. FOR TRANSACTION HISTORY

 

You may review your Serve temporary card transaction history by calling Customer Service at 1-800- 954-0559, or by logging onto the Website.

8. FEES

 

A. Serve temporary card Fees

 

The only fees for the Serve temporary card are a one-time purchase fee of up to $3.95 (amount varies by retailer) and a monthly fee of $7.95. Your first monthly fee will be assessed within 24 hours after purchase of your Serve temporary card. The monthly fees are not charged for Serve temporary cards purchased in Arkansas, Texas, or New York.

All fee amounts will be withdrawn from your Available Funds and will be assessed as long as there is a remaining balance on your Serve temporary card, except where prohibited by law.

 

 

B. Serve Account Fees

 

After you register for a Serve Account, additional features and benefits will be available. The table below shows the fees that will apply to your Serve Account after registration.

 

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.

9. MANAGING YOUR SERVE TEMPORARY CARD

 

A. Replacing Your Serve Temporary Card After Its “Valid Thru” Date

 

 

You may not use the physical plastic after the last day of the month and year printed as the “Valid Thru” date on the front of the Serve temporary card. However, the Available Funds on your Serve temporary card do not expire (although the monthly fee, if applicable, will continue to be assessed against the balance). Please call Customer Service for a free replacement Serve temporary card that can access any remaining Available Funds after the Valid Thru date.

 

 

 

B. Our Right to Close or Suspend Your Card

We reserve the right to suspend or terminate your Serve temporary card (i) if you violate this Cardholder Agreement, (ii) if there are potential fraud or security risks associated with your Serve temporary card, as determined by us, or (iii) for any reason allowed by law. If we suspend or terminate your Serve temporary card, you will not be able to use your Serve temporary card for purchases or transactions and you may not have access to services associated with the Serve temporary card, such as Special Offers.

10. UPGRADE TO A SERVE ACCOUNT

 

You may register for and upgrade to a Serve Account online at the Website or by accessing the Serve Mobile Application. At registration, you will be requested to provide your Serve temporary card number, so that we can ensure that any remaining balance (including any Cash Back earned to date) on the Serve temporary card will be available in the Serve Account, and certain other information, including personal information required by us to communicate with you and to verify your identify, such as name, address, date of birth, telephone number, email address and social security number (or other identifying information). We will also ask you to verify your email address, since the Serve product, including related features and functionalities, is an electronic, paperless product, and is intended for use only by individuals who are willing and able to receive notices and communications from us exclusively through electronic means.

 

We will notify you of successful (or unsuccessful) identify verification by mail, email or phone using the information you provided at the time of order. Upon successful verification of identity, your Serve Account will be established, and a Serve personalized card linked to your Serve Account will be sent via US Mail to the address you provided. The terms and conditions of the Serve Account and linked Serve personalized card are set forth in the Consumer User Agreement, which can be reviewed at the Website or via the Serve Mobile Application.

11. PERSONALIZED CARD REGISTRATION

 

To access all of the features, benefits and services of Serve, please activate your Serve personalized card as soon as you receive it in the mail.

Register for a Serve Account for FDIC insurance eligibility and other protections. After you register, your funds will be held at or transferred to American Express National Bank, an FDIC-insured institution, and will be eligible for FDIC pass-through insurance within 1 business day of the establishment of your Serve Account. To learn more about FDIC pass-through insurance and Serve, visit the Website or www.serve.com/FDIC.

12. SERVE CASH BACK REWARDS

 

If you have a Serve temporary card you are automatically enrolled in the Serve Cash Back program (the “Cash Back Program” or “Program”) and you are immediately eligible to earn cash back on certain purchases made with your Serve temporary card (“Serve Cash Back” or “Cash Back”).

 

IMPORTANT: YOU CANNOT REDEEM OR ACCESS THE CASH BACK YOU EARN WITH YOUR SERVE TEMPORARY CARD UNTIL YOU SUCCESSFULLY REGISTER FOR A SERVE ACCOUNT, VERIFY YOUR EMAIL ADDRESS AND ACTIVATE YOUR PERSONALIZED CARD.

The Serve Cash Back Program enables you to earn one percent (1%) in Cash Back on each purchase of fifty cents ($0.50) or more made with your Serve Cash Back card and apply the Cash Back to future purchases made with your Serve Cash Back card. Cash Back is applied as a statement credit to your Serve Account. An eligible purchase for Cash Back is a transaction of fifty cents or more made with your Serve temporary card in-store at the point of sale or at an online Merchant in connection with the purchase of goods or services (“Eligible Purchase”). Eligible Purchase transactions do NOT include ATM transactions, fees or interest charges, cash advances, purchases of travelers checks, purchases or reloading of prepaid cards, purchases of other cash equivalents, or online Bill Pay. Cash Back will normally be applied to your Account promptly after your Eligible Purchase transaction settles but could take up to 60 days. In addition, Eligible Purchases may fall outside of the actual date you made your purchase if there is a delay in the Merchant submitting such transaction to us. We have no control over the Merchant’s submission of transactions and will not credit Eligible Purchases with Cash Back on any date other than the date of the Merchant submission.

 

Although you will begin to accrue Cash Back immediately in your earned Cash Back balance with each Eligible Purchase made with your Serve temporary card as it is submitted to us by the applicable Merchant (“Earned Cash Back Balance”), the Earned Cash Back Balance will only become available for your redemption/use provided you have successfully registered for a Serve Account, activated your Serve personalized card, verified your email address with us and your Serve Account is in good standing. When you have Earned Cash Back and meet the requirements stated above, your Earned Cash Back is then eligible for transfer into your active Cash Back balance where the Cash Back can be redeemed (“Active Cash Back Balance”). If you conduct a transfer of Cash Back from your Earned to your Active Cash Back Balance, you must transfer your entire Earned Cash Back Balance. Under no circumstances may you transfer only a portion or certain amount of your Earned Cash Back Balance.

 

Once your Earned Cash Back Balance is transferred into your Active Cash Back Balance, the Cash Back transferred can only be used and applied to future spend with your Serve Cash Back card for in store purchases at the point of sale or for online Merchant purchase transactions conducted with your Serve Cash Back card (“Eligible Cash Back Purchase”). Cash Back cannot be used to conduct ATM transactions, online bill pay, withdrawn, transferred or redeemed for any other purpose other than as specifically outlined herein. Under no circumstances can you “cash out” any Cash Back and Cash Back may not be sold, transferred or assigned. Earned Cash Back that you transfer into your Active Cash Back Balance will automatically apply to your Eligible Cash Back Purchase transactions until your Active Cash Back Balance is depleted. Cash Back will continue to accrue in your Earned Cash Back Balance in your Serve Account and will not be applied to Eligible Cash Back Purchases until you make a transfer of your Earned Cash Back to your Active Cash Back Balance.

 

Any Cash Back earned but not redeemed shall continue to be available for your use, provided that you remain an accountholder in good standing. If you receive Cash Back and we later discover that you did not have an Eligible Purchase for that Cash Back or that you manufactured spend through your own use or by permitting others to transact on your Serve Cash Back card or Account, you may forfeit future Cash Back earnings, or we may apply future Cash Back or any Reward redeemed until enough Cash Back are accrued to cover it. The Cash Back Program and the Serve Cash Back card are designed for consumer spend only and may not be manipulated or converted into a commercial spend or financial transaction instrument. In addition, if you make an Eligible Purchase and your Serve Account is credited with Cash Back or Cash Back is used to make an Eligible Cash Back Purchase, any later return, reversal, cancellation or dispute involving any part of the Eligible Purchase or Eligible Cash Back Purchase will result in your Earned Cash Back Balance and/or Active Cash Back Balance being reversed, debited or cancelled (in whole or part) to reflect that portion of the Eligible Purchase which has been returned, reversed, cancelled or disputed and may cause your Earned or Active Cash Back Balance(s) to go negative. We may also take any other action we deem appropriate.

Any Cash Back that you earn while using your Serve temporary card will be transferred to your Earned Cash Back Balance of your Account following your registration for your Serve Account, activation of your Serve personalized card and verification of your email address associated with your Serve Account. The Serve American Express Prepaid Debit Account – Serve Direct Deposit and the Serve American Express Prepaid Debit Account – Serve Free Reloads, as well as related temporary cards, personalized cards and subaccounts, are not eligible for Cash Back as described in this Section.

 

Cash Back does not expire but if you do not open a Serve Account, upon expiration of your Serve temporary card, any existing, accrued or unredeemed Cash Back will be forfeited. In addition, if your Serve temporary card and/or Serve Account is closed or terminated for any reason whatsoever, all Cash Back will be forfeited. In certain cases we may reinstate your Cash Back balance if you re-open your Account within 30 days of a voluntary closure.

 

We reserve the right to suspend or prohibit your ability to earn, use or redeem the Cash Back referenced above or suspend or close your Cash Back card or Serve Account in the event you (i) violate any of the Cash Back Program terms and conditions, (ii) act in a manner inconsistent with applicable laws, regulations, ordinances, (iii) engage in any misconduct or wrongdoing in connection with the American Express Serve product or the Cash Back feature(s) or promotion(s), (iv) structure purchases or conduct transactions with your Cash Back card or Serve Account to manufacture spend, (v) conduct purchases other than those which are for personal or household use (ex. commercial purchases), (vi) engage in any activity which would jeopardize the Program or its intended use, or (vii) engage in any fraudulent or inappropriate acts, including by attempting to defraud American Express Serve into providing Cash Back. Any Cash Back credited to an Account in violation of this Agreement or the Cash Back Program terms and conditions may be revoked by us in our sole discretion.

13. DOCUMENTATION

 

A. Electronic Terminal Transactions

You may get a receipt at the time you initiate a transaction to or from your Serve temporary card or Serve personalized card at an electronic terminal such as an ATM or a point-of-sale terminal at a Merchant.

 

B. Preauthorized Transfers

If you have arranged to have direct deposits made to your Serve Account at least once every 60 days from the same person or company, you can find out whether or not the deposit has been made via the Website, via the Serve Mobile Application, or by calling Customer Service.

 

C. Periodic Statements

Periodic statements for your Serve Account will be made available to you electronically on a monthly basis at no charge. You will receive notice via email when a statement is available.

14. PREAUTHORIZED TRANSFERS

 

You may authorize a Merchant to initiate recurring charges to your Serve personalized card. If you do, the Merchant should tell you, 10 days before each payment, when it will be made and how much it will be. (The Merchant might also give you the option to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

If you have authorized a Merchant to make recurring transfers from your Serve personalized card, you can stop any of these payments. Here's how:

You can call Customer Service or write 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 order us to stop a recurring payment from your Serve personalized card 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

15. OUR LIABILITY FOR FAILING TO COMPLETE A TRANSACTION

 

If we do not complete a transaction to or from your Serve temporary card or Serve Account on time or in the correct amount in accordance with this Cardholder Agreement or the Consumer User Agreement, as applicable, we will 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 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;

 

1. (a) an ATM where you are making a cash withdrawal does not have enough cash; (d) an ATM or Merchant refuses to honor a transaction using your Serve temporary card, Serve personalized card, or Serve Account; (e) your wireless service provider refuses the transaction; (f) access to your Serve temporary card, Serve personalized card, or Serve Account has been blocked after you reported your Serve temporary card or Serve personalized card lost or stolen; (g) there is a hold on the funds in your Serve Account or the funds in your Serve 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 Cardholder Agreement or the Consumer User Agreement, as applicable, or any other agreement you have with us; or (k) there are other exceptions stated in this Cardholder Agreement or the Consumer User Agreement, as applicable, or any other agreements you have with us.

16. CARDHOLDER INFORMATION

 

A. Data Protection and Privacy

During any Customer Service call, we may request that you provide the Card Security Code printed on the front of the Serve temporary card or Serve personalized card, as well as additional identification information such as your home phone number, date of birth and zip code. We may also obtain personal information (“Cardholder Information”) about you, including information (i) you have provided to us, such as your name and/or your address, during Customer Service calls or otherwise, and (ii) about purchases made with the Serve temporary card or Serve personalized card, such as the date, the amount and the place of purchase. For purposes of fraud prevention and regulatory compliance, we may also obtain information from providers of identity verification data and demographic information. Only those persons who need it to perform their job responsibilities are authorized to have access to Cardholder Information. We also maintain physical, electronic and procedural security measures that comply with federal regulations to safeguard Cardholder Information.

 

 

B. Using Your Cardholder Information

 

We will use Cardholder Information to process Serve temporary card and Serve personalized card transactions, provide customer service, enhance usage at retailers who may require zip code authorization, process claims for lost or stolen Serve temporary cards and Serve personalized cards and help protect against fraud. We also use Cardholder Information for marketing purposes and to conduct research and analysis. We may develop marketing programs and send you offers for our products and services and the products and services of our business partners, such as Merchants that accept the Serve temporary card or Serve personalized card, and we may use Cardholder Information to make these offers more relevant and valuable to you. We do not share Cardholder Information with other companies for them to market their own products and services.

 

 

C. Sharing Your Information With Third Parties

We will disclose information to third parties about your Serve temporary card or your Serve Account, or transactions you make:

 

 

(i) where it is necessary for completing transactions;

 

 

(ii) in order to verify the existence and condition of your Serve temporary card, Serve personalized card, or Serve 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;

 

 

(v) if you give us your written permission; or

 

 

(vi) in accordance with our Privacy Notice and Privacy Statement, which can be found on the Website.

 

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. For example, 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.

17. LIABILITY FOR UNAUTHORIZED TRANSFERS; ERROR RESOLUTION

 

A. Warning Regarding Unverified Accounts

It is important to register for a Serve Account as soon as possible. Until you register for a Serve Account, and we verify your identity, we are not required to research or resolve any errors regarding transactions made with your Serve temporary card. To register for a Serve Account, go to the Website or call Customer Service.

 

If your Serve temporary card or Serve temporary card number is lost or stolen before you register, or if you believe the security of your Serve temporary card has been compromised, contact Customer Service immediately. You will be required to provide your name, address, Serve temporary card number and Card Security Code and other details for identification purposes. You agree to provide all reasonable information and assistance requested by us to make a complete investigation of the loss or theft. If your Serve temporary card is lost or stolen, we will issue you a replacement Serve temporary card with a value equal to the Available Funds on your Serve temporary card at the time you notified us of the loss or theft. NO REFUNDS WILL BE PROVIDED FOR AMOUNTS DEBITED FROM YOUR UNREGISTERED LOST OR STOLEN SERVE TEMPORARY CARD BEFORE YOU NOTIFIED US.

 

 

B. Your Liability for Unauthorized Transactions With Your Serve Account After Registration

 

If you believe your Serve personalized card has been lost or stolen, or that someone might have obtained your login credentials for the Website or Serve Mobile Application, then notify us as follows:

 

(i) Through the Website or Serve Mobile Application;

 

 

(ii) Call Customer Service; or

 

 

(iii) Write Serve Customer Care, P.O. Box 826, Fortson, GA 31808.

 

 

Tell us AT ONCE if you believe your Serve personalized card has been lost or stolen, you believe that someone has obtained your login credentials for the Website or Serve Mobile Application, or if you believe that an unauthorized transaction has been made on your Serve Account. Notifying us via the Website, the Serve Mobile Application, or telephone is the best way of keeping your possible losses down. You could lose all the money in your Serve Account. If you tell us within 2 business days after you learn of the loss or theft of your Serve Personalized Account or that someone obtained your login credentials, you can lose no more than $50 if someone used your Serve personalized card or login credentials without your permission.

 

If you do NOT tell us within 2 business days after you learn of the loss or theft of your Serve personalized card, or of someone obtaining your login credentials, and we can prove we could have stopped someone from using your Serve personalized card or your login credentials without your permission if you had told us, you could lose as much as $500.

 

Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was made available to you electronically, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

 

You should also call Customer Service or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

 

 

 

C. Notice of Errors for Verified Accounts

Contact us via the methods described above 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. Please contact us not later than 60 days after we sent the FIRST statement on which the problem or error appeared to avoid possibly being held liable for the problem or error.

 

When notifying us, you must:

1. Tell us your name and Serve Account number;
2. Describe the error or the transfer you are unsure about, and explain why you believe it is an error or why you need more information; and
3. 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 10 business days.

 

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Serve Account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your Serve Account.

 

For errors involving new Accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new Accounts, we may take up to 20 business days to credit your Serve Account for the amount you think is in error.

 

We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.

 

You may ask for copies of the documents that we used in our investigation.

18. OTHER IMPORTANT NOTICES

 

A. No Warranties

We are not responsible or liable to you (i) for any interruption in your use of the Serve temporary card, (ii) for the quality, safety, legality or any other aspect of any goods or services purchased from any Merchant with the Serve temporary card, (iii) if any Merchant refuses to honor the Serve temporary card or Special Offers, and/or (iv) for any other problems you may have with any Merchant. Subject to applicable law, if you have a dispute with a Merchant, you agree to settle the dispute directly with the Merchant. If a Merchant fails to honor the Serve temporary card, please call Customer Service to report the incident.

 

 

B. Changing this Cardholder Agreement

 

We may change the terms of, or add new terms to, this Cardholder 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 or benefit offered in connection with the Serve temporary card at our sole discretion and at any time, with or without cause, and without giving you notice, subject to applicable law. We reserve the right to deliver to you any notice of changes to existing terms or the addition of new terms by US Mail or electronically to the street and/or email address you have provided for your Serve temporary card or by posting such notice at the Website. Any notice given by us shall be deemed given when deposited in the United States Mail, postage prepaid, addressed to you at the latest address shown on our records, when sent electronically to the email address you have provided for your Serve temporary card, or when posted at the Website. The most current Cardholder Agreement may always be found at the Website.

 

 

C. Assignment and Waiver

 

We may assign this Cardholder Agreement to a third party at any time without notice to you. However, if we assign this Cardholder Agreement, the terms will remain substantially and materially the same unless you are notified. If we reimburse you for a refund claim you have made for a lost or stolen Serve temporary card, or if we otherwise provide you with a credit or payment with respect to any problem arising out of any transaction made with the Serve temporary card, you are automatically deemed to assign and transfer to us any rights and claims, excluding tort claims, that you have, had or may have against any third party for an amount equal to the amount we have paid to you or credited to your Serve temporary card. You agree that you will not pursue any claim against, or reimbursement from, such third party for the amount that we paid or credited to your Serve temporary card, and that you will cooperate with us if we decide to pursue the third party for the amount paid or credited. Neither our failure to exercise any of our rights under this Cardholder Agreement, nor our delay in enforcing or exercising any of our rights, shall constitute a waiver of such rights. If we waive any right under this Cardholder Agreement on one occasion, such waiver shall not operate as a waiver as to any other occasion.

 

 

D. Telephone Monitoring/Recording

 

Subject to applicable law, from time to time we may monitor and/or record telephone calls between you and us to assure the quality of our Customer Service or as required by applicable law.

 

 

E. Special Offers and Marketing for Serve temporary card Cardholders

Special Offers may be available from time to time at participating Merchants. As a Serve temporary card cardholder, you may also be eligible to participate in various special programs from time to time. Specific terms, conditions and restrictions for each such offer or special program (collectively, “Special Offers”) can be accessed at the Website. We take no responsibility for Special Offers. We reserve the right to add to, change and/or cancel Special Offers at any time.

19. ARBITRATION

 

A. Agreement to Arbitrate Disputes

This Arbitration Provision 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.

 

 

B. Definitions

As used in this Arbitration Provision, 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 the Serve temporary card or this Cardholder 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 Arbitration Provision 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 Serve temporary card (including, but not limited to, third parties who accept the Serve temporary card, third parties who use, provide or participate in programs accessed with the Serve temporary 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 Arbitration Provision, “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 Serve temporary card.

 

 

C. Initiation of Arbitration Proceeding/Selection of Administrator

Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision 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 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 (1) JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614; www.jamsadr.com, and/or (2) 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 US 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.

 

 

 

D. 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 Cardholder 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 Arbitration Provision (other than this sentence) shall not apply.

 

 

E. Arbitration Procedures

This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 US 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 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 120 days of the date of the appellant’s written notice. The panel’s majority vote decision shall be final and binding.

 

 

 

F. 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 JAMS or the AAA.

 

 

G. Continuation

 

This Arbitration Provision shall survive termination or expiration of the Serve temporary card, 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 Arbitration Provision, 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 Cardholder Agreement or any predecessor agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

20. APPLICABLE LAW 

 

This Cardholder Agreement and your Serve temporary card, and all questions about their legality, enforceability and interpretation, are governed by the laws of the State of New York, USA (without regard to internal principles of conflicts of law).

21. ADDITIONAL RESOURCES

 

Contact American Express Travel Related Services Company, Inc. by calling 1-800-954-0559, by mail at Serve Customer Care, P.O. Box 826, Fortson, GA 31808, or visit serve.com.

 

For general information about prepaid accounts, visit cfpb.gov/prepaid.

 

If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.