1. KEEP THIS DOCUMENT FOR ANY FUTURE QUESTIONS OR ISSUES.
2. THIS DOCUMENT WILL ALSO BE PROVIDED TO THE RECIPIENT.
3. PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION IN SECTION 10 BELOW REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.
4. ALWAYS KNOW THE EXACT DOLLAR AMOUNT AVAILABLE ON YOUR CARD. CARDHOLDER CAN CALL 866-287-7054 AND PROVIDE REQUIRED INFORMATION AND WILL BE ADVISED OF THE CURRENT AMOUNT AVAILABLE ON THE CARD. MERCHANTS MAY NOT HAVE ACCESS TO DETERMINE YOUR CARD BALANCE.
5. IF YOU DO NOT AGREE TO THESE TERMS AND THE CARD HAS NOT BEEN USED OR RECEIVED BY THE RECIPIENT, YOU MAY CANCEL THE CARD BY CALLING CARDHOLDER SUPPORT. ALL SALES ARE FINAL AND CARDS ARE NON-REFUNDABLE EXCEPT AS REQUIRED UNDER APPLICABLE STATE LAW.
About Your Card
The terms set forth in the Sandboxx Gift Card Cardholder Agreement (“Agreement”) form a binding contract and apply to your use of your Sandboxx Gift Card issued by Community Federal Savings Bank (“CFSB” or the “Bank”) (the “Card”). The Card is not marketed to the general public but rather exclusively marketed to friends and family members of U.S. service members. This Agreement is between you and the Bank. Mezu (NA), Inc. dba. Alviere (“Alviere”) provides services related to the Card on behalf of CFSB and for this reason, Alviere is also an agent and service provider of the Bank for purposes of this Agreement. As a result, Bank and Alviere are referred to as “we”, “us” and “our”) for the purposes of this Agreement.
Sandboxx, Inc., is a third-party branding partner (“Brand Assignor”) of Alviere and may provide you an application or website (“Partner System”) as a means to access certain Card and related account (“Account”) functionalities, such as checking balances and transactions.
By requesting, accepting or using the Card or authorizing any person to use the Card, you agree to be bound by the terms of this Agreement (which can be found on the Website) under which the Card has been issued to you, and you, affirm, or reaffirm, as the case may be, your agreement with each of the following agreements that applies to you:
• Privacy Policy(ies) provided to you with this Agreement.
• E-Sign Consent Agreement.
The Card is a gift card loaded with a specific amount of funds, redeemable to buy goods and services anywhere Visa debit cards are accepted in the US. No additional funds may be added to this Card. The Card is NOT a credit Card. The Card is not a checking account or connected in any way to any account other than a prepaid account where your funds are held. The funds on your Card ARE NOT insured by the Federal Deposit Insurance Corporation (“FDIC”). THE CARD ARRIVES TO THE CARDHOLDER AS AN ACTIVATED CARD AND SHOULD BE TREATED BY THE CARDHOLDER AS IF IT WAS CASH.
1. Definitions
“Alviere” means Mezu (NA), Inc., and its successors, assigns and affiliates.
“Applicable Law” means any law, rule or regulation of a federal, state, municipal of foreign or local government, or any rule or regulation of any clearing house or network involved in the transaction, which apply to the product and services provided to you under this Agreement.
“Business Days” means Monday through Friday except for holidays.
“Card” means your physical gift card issued by CFSB.
“Card Transaction(s)” means redeeming the value of your Card for goods and services online, over the phone or in person.
“Cardholder” means the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement.
“CFSB” means Community Federal Savings Bank, Member FDIC.
“Brand Assignor” means Sandboxx, Inc., and its successors, assigns and affiliates.
“You” and “your” means, as applicable, the purchaser and the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement.
“We,” “us,” “our,” and “Issuer” mean CFSB or the Bank, and its successors, affiliates or assignees, and Alviere.
2. General Terms and Conditions
2.1 Use of the Card
The Card is redeemable for purchases of goods and services in-person, online, and over the phone, where accepted. The full amount of each purchase, including taxes, will be deducted from the funds held on the Card, up to the total funds available on the Card. The Card is not a credit card and cannot be used as one. Your use of the Card is limited to the amount of funds available on the Card. The Card is non-reloadable, and you cannot increase the funds on the Card.
2.2 Accessing Funds and Limitations
You may use your Card to obtain goods or services wherever the Card is honored in the United States, as described in Section 2.1 above. Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction.
Your Card cannot be:
1. redeemed for cash or quasi-cash (for example, gaming chips, money orders, deposits, wire transfers, traveler’s checks, foreign currency and similar items);
2. used to obtain cash in any transaction, except as required by Applicable Law;
3. used for illegal transactions;
4. used to make foreign transactions
For security reasons, we may limit the amount or number of transactions you can make on your Card. We may refuse to process any transaction that we believe may be fraudulent or violate the terms of this Agreement. YOU ARE NOT ALLOWED TO EXCEED THE BALANCE OF FUNDS AVAILABLE ON YOUR CARD. If you attempt to use the Card when there are insufficient funds associated with it, the transaction will generally be declined. Nevertheless, if a transaction that exceeds the balance of the funds available on your Card occurs due to a systems malfunction or otherwise, you will remain fully liable to us for the amount of the transaction. If you do not have enough funds available on your Card, you may be able to instruct the merchant to perform a ‘split transaction’ to charge part of the purchase to the Card and pay the remaining amount with another form of payment. Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash.
If you use your Card number without presenting your Card (such as for an internet transaction, a mail order or a telephone purchase), the legal effect will be the same as if you used the Card itself.
Your card is valid in the U.S. only. It cannot be used at merchants outside of the United States, including internet and mail/telephone order merchants outside of the United States.
2.3 No Monetary Value
The Card has no monetary or other cash value. The Card cannot be used at automated teller machines (ATMs) or for cash-back at any merchant.
2.4 Eligibility
The Purchaser of the Card will advise us of the name of the Recipient. Otherwise You may not sell, assign, or otherwise transfer the Card to another person. You agree to use the Card only for legitimate purchases of goods and services not for the purpose of obtaining cash from an establishment. You may not return goods and services obtained with the Card for a cash refund.
2.5 Account Balance
You may obtain information about the amount of money you have remaining in your Card account at no charge by contacting Cardholder Support at 866-287-7054. This information, along with a 12 month history of account transactions, is also available by calling 866-287-7054. You also have the right to obtain a twelve (12) month written history of your Card transactions by contacting Customer Service.
2.6 Overdrafts
You are not authorized to use the Card for transactions of an amount more than the available funds of the Card. If, for any reason whatsoever, a transaction is processed despite insufficient available funds on the Card (creating a “negative” amount, referred to herein as a “Shortage”), you agree to reimburse us, upon request, for the amount of the Shortage.
It is your responsibility to know the amount of funds available on the Card at the time of purchase. To obtain your fund availability, contact Cardholder Support at 866-287-7054. If your desired purchase amount is greater than your available funds, the merchant may be willing to accept supplemental payment which may be made using any credit card or other form of payment accepted by the merchant.
2.7 Personal Identification Number (PIN)
If you wish to make PIN debit purchases, please use the PIN that was mailed with the Card. You may also request a PIN by calling Cardholder Support at 866-287-7054. Cards are not accepted at ATMs and cannot be used to obtain cash in any purchase transaction. You should not write or keep your PIN with your Card. Never share your PIN with anyone and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that there has been unauthorized access to your PIN, you should advise us immediately, following the procedures in the section labeled “Unauthorized Transactions”.
2.8 Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with your Card, the return and refund will be handled by the merchant. If the merchant credits your Card, the credit may not be immediately available. While merchant refunds post promptly upon receipt , please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs. You may wish to retain receipts as a record of transactions. Receipts will be required if you need to verify a transaction.
2.9 Authorization Holds
You do not have the right to stop payment on any purchase transaction originated by use of your Card, except to the extent you have a right to stop payment under Applicable Law. With certain types of purchases (such as those made at restaurants, hotels, gas stations or similar purchases), your Card may be “preauthorized” for an amount greater than the transaction amount to cover gratuity or incidental expenses. Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. During this time, you will not have access to preauthorized amounts on hold. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a temporary hold for that amount of funds.
3. Electronic Funds Transfer and Special Terms and Conditions
3.1 Electronic Funds Transfer Services
Types of Electronic Funds Transfers Available:
1. Your Card will be loaded on a one-time basis in the amount chosen by the purchaser of the Card (subject to any applicable caps); the amount loaded on the Card is the amount of funds on your Card upon your receipt of the Card. The Card is not reloadable.
2. You may authorize another party, such as a merchant, using your Card number to electronically withdraw funds on a one-time basis directly from your Card.
3. You may use the Card to make purchases at merchants that accept the Card on a one-time basis. You may not however use the Card to obtain cash at ATMs or cash back at POS terminals.
Limitations on Transfers, Amounts and Frequency of Transactions:
At Bank’s discretion, the number and amount of transactions per day or month may be limited. At this time, there are no limits on the number or amount of purchases at merchants that accept the Card other than the available balance on the Card.
Confidentiality: We will disclose information to third parties about your Card or the transactions you make: (i) where it is necessary for completing transactions, or (ii) in order to verify the existence and condition of your Card for a third party, such as a merchant , or (iii) in order to comply with government agency or court orders, or (iv) if you give us your written permission.
Right to Receive Documentation of Electronic Funds Transfers:
1. Balance and Transaction History: You may obtain information about the amount of money you have remaining in your Card Account by calling Cardholder Support at 866-287-7054
2. Receipts: You can get a receipt at the time you make any Card transaction at a merchant, except where Applicable Law does not require a receipt. The receipt shall set forth the following information, as applicable: The amount of the transaction; a transaction fee may be included in this amount provided the amount of the fee is disclosed on the receipt and displayed on or at the terminal. The date you initiate the transaction. A number or code that identifies the consumer’s account or the access device used to initiate the transaction. The location of the terminal where the transaction is initiated, or an identification such as a code or terminal number. Except in limited circumstances where all terminals are located in the same state or city, if the location is disclosed it shall include the city and state and one of the following: (a) the street address; or (ii) a generally accepted name for the specific location; or (iii) the name of the owner or operator of the terminal if other than the account holding institution.
3.2 Preauthorized Transfers (Recurring Payments)
Right to Stop Payment of Preauthorized Transfers and Procedure for Doing So
Recurring payments are not permitted with your Card.
3.3 Consumer Liability for Unauthorized Transfers
Contact Cardholder Support IMMEDIATELY if you believe your Card or PIN number has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Calling us at 866-698-8863 or emailing us at sandboxx-giftcard@alviere.com is the best way to keep your possible losses down. You could lose all the money on your Card.
If you tell us within two (2) business days after you learn of the loss or theft of your Card or PIN, you can lose no more than $50 if someone used your Card or PIN without your permission.
If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Card or PIN, and we can prove we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500.
Also, if your transaction history shows transactions that you did not make, including those made by your Card, PIN, or other means, tell us at once. If you do not tell us within 60 days after the earlier of the date you accessed your Card transaction history (if the unauthorized transaction could be viewed in your electronic history or by phone) on which the unauthorized transaction appeared, you may not get any money you lost after the 60 days if we can prove 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 hospital stay) kept you from telling us, we will extend the time period.
Contact in event of unauthorized transfer: If you believe your Card or PIN has been lost or stolen, call us at 866-698-8863 or email us at sandboxx-giftcard@alviere.com.
If your Card or PIN has been lost or stolen, we may close your Card, deactivate your PIN, and issue you a new Card (with a new Card number) or PIN (as applicable).
Your Liability for Unauthorized Card Transfers
Under Visa’s Zero Liability Policy, your liability for unauthorized transactions using your Card is $0.00 if you are not negligent or fraudulent in the handling of the Card. This reduced liability does not apply to certain commercial card transactions, transactions not processed by Visa, or to anonymous prepaid cards such as your Card. The reduced liability policy also does not apply if you wait more than 60 days to report an unauthorized transaction after the earlier of the date you electronically access your Card transaction history (if the unauthorized transaction could be viewed in your electronic history or by phone), or the date we sent the FIRST written history of your transactions on which the unauthorized transaction appeared.
3.3 Bank’s Liability for Failure to Complete Transactions
If a transaction is not properly completed with your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
1. If through no fault of ours, you do not have enough funds available in your Card to complete the Card transaction;
2. If a merchant refuses to accept the Card;
3. If an electronic terminal where you are making a Card transaction does not operate properly, and you knew about the problem when you initiated the transaction;
4. If access to your Card or PIN has been blocked after you reported your Card or PIN;
5. If there is a hold on your funds in your Card, or your Card Account funds are subject to legal or administrative process or other encumbrance restricting their use;
6. If we have reason to believe the requested Card transaction is unauthorized;
7. If circumstances beyond our control (such as fire, flood, or computer communication failure) prevent the completion of the Card transaction, despite reasonable precautions that we have taken; or
8. Any other exception stated in our Agreement with you.
3.4 Information About Your Right to Dispute Errors
In Case of Errors or Questions about your Electronic Transactions, Telephone us at 866-698-8863, send us an email at sandboxx-giftcard@alviere.com or by mail at 1040 S Gaylord St. Denver, CO 80209 as soon as you can, if you think an error has occurred on your Card or you think your transaction history or receipt is wrong or if you need more information about a transaction in your transaction history or receipt.
We must hear from you no later than 60 days after the date that you electronically or by phone access your Card transaction history (if the error could be viewed in your electronic transaction history or available by phone). In any case, we may limit our investigation of any alleged error that you do not report to us within 120 days of the posted transaction. You may request a written history of your transactions going back 12 months at any time by emailing us at sandboxx-giftcard@alviere.com. You will need to tell us:
• Your name, Card number and email address associated with your Card (if any);
• A description of the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
• The dollar amount of the suspected error.
If you provide this information verbally, we may require that you send your complaint or question in writing within ten (10) business days.
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 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 use of the money during the time it takes to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.
For errors involving new accounts, point-of-sale transactions or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. 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 within three (3) business days after completing the 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 by contacting Cardholder Support.
If you need more information about our error-resolution procedures, call us at 866-698-8863.
4. Fees
We may amend or change the terms and conditions of this Agreement at any time, including fees, subject to Applicable Law.
You agree to pay the Card fees set forth below. All the fees will be debited from your Card and will be assessed as long as there is a remaining balance in your Card to the extent permitted by Applicable Law. If at any time your remaining Card balance is less than the fees being assessed, the balance of your Card will be applied to the fees resulting in a zero balance on your Card.]
Summary of Fees:
$0.00
$0.00
$0.00
$0.00
*Cards cannot be used at ATMs
**Cards are not reloadable
ATM balance inquiry* $0.00 |
Cardholder Support (automated or live agent) $0.00 |
Inactivity (after 12 consecutive months of no transactions) $5.00/month*** |
We charge other types of fees. Here are some of them: |
Replacement card for expired Card $0.00 |
Replacement card for lost or stolen Card $6.00 |
We charge other types of fees.
***Cards sold in AZ, CT, HI, LA, ME, NH, NJ, RI and VT do not incur inactivity fees.
No overdraft/credit feature.
Your funds are not eligible for FDIC insurance. Treat this Card like cash.
For general information about prepaid accounts, visit cfpb.gov/prepaid. Find details and conditions for all and services in the complete fee schedule below.
Financial Institution: Community Federal Savings Bank, Member FDIC
Name of the Prepaid Account Program:
Program Manager: Mezu (NA), Inc. dba. Alviere
LONG FORM FEE SCHEDULE:
All fees | Amount | Details |
Get started | ||
Initial Card purchase/Activation fee | $6.00 | There is a charge for an initial physical Card purchase and activation. |
Replacement card for lost or stolen card | $6.00 | If you need to replace your physical card if it is lost or stolen or otherwise needs to be replaced, you will be assessed this fee. You will not be charged a fee to replace an expired card. |
Monthly usage | ||
Active Monthly fee | $0.00 | There is not a monthly fee while your account is active. |
Inactivity Monthly | $5.00 | You will be charged $5.00 each month after you have not completed a transaction using your account or card for 12 consecutive months. Cards sold in AZ, CT, HI, LA, ME, NH, NJ, RI and VT do not incur inactivity fees. |
Add money: The Card is not reloadable | ||
Spend money: The Card has no fees per transaction made by cardholder | ||
Get cash: The Card cannot be used at ATMs | ||
Information | ||
Cardholder Support (automated) | $0.00 | No fee for calling our automated cardholder support line, including for balance inquiries. |
Cardholder Support (live agent) | $0.00 | No fee for calling. |
Card balance inquiry | $0.00 | No fee for calling. |
Using your card outside the U.S.: The Card cannot be used outside of the U.S. | ||
Other | ||
$0.00 | ||
5. Cardholder Support
Cardholder Support for your Card is handled by Brand Assignor, Alviere or a service provider of Alviere. For questions about your Card, you may contact Cardholder Support for your Card by calling the toll-free number provided on the back of the Card. Brand Assignor may provide you access to Card Support for your Card through the Partner System at their sole discretion.
6. Communications
In addition, if you provide Brand Assignor, us or one of our service providers with your email address or phone number or contact us from your email or phone number, you agree that CFSB, Alviere, Brand Assignor or any other third party acting on our behalf to contact you at this email address or phone number. You agree that we may use your email address or phone number to contact you for any business purpose about your Card and you agree to be responsible for any fees or charges you incur as a result of providing this information. We may offer options that allow you to receive or access text messages or other electronic communications from your mobile phone. By enrolling for these types of communications, you understand and agree to be responsible for any fees or charges you incur from your mobile phone carrier as a result of this enrollment.
You agree that we may contact you from time to time regarding your Card in any manner we choose unless the Applicable Law says we cannot. Our contacts with you about your Card are not unsolicited. We may monitor or record any conversation or other communication with you as permitted under Applicable Law.
7. English Language Controls
The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided shall accurately represent the information in the original English.
8. Waiver
We do not waive our rights by delaying or failing to exercise them at any time. To the extent permitted by Applicable Law and as permitted by the Agreement to arbitrate in Section 10.2 below, you agree to be liable to us for any loss, costs, or expenses that we may incur as a result of any dispute or legal proceeding involving your Card or your Account.
9. Governing Law
You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this Agreement, the laws of the State of New York, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and CFSB or Alviere, regardless of your location.
10. Jury Trial Waiver and Agreement to Arbitrate and Class Action Waiver
10.1 Jury Trial Waiver
To the extent permitted by Applicable Law, you and we knowingly and voluntarily waive any right to trial by jury in the event of litigation arising out of or related to this agreement. This Jury Trial Waiver does not modify in any fashion the Arbitration Clause set forth in the following section, which contains its own jury trial waiver.
10.2 Agreement to Arbitrate and Class Action Waiver
THIS AGREEMENT REQUIRES ALL DISPUTES BE RESOLVED BY WAY OF BINDING ARBITRATION.
Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Bank (or Program Manager), whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Bank and you are each waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by this Agreement.
The Consumer Arbitration Rules are available online at: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Bank that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against the Bank for you.
If any portion of this Arbitration Provision is deemed invalid or unenforceable, such a finding shall not invalidate any remaining portion of this Arbitration Provision, this Agreement, or any other agreement entered into by you with us. However, notwithstanding any language in this Arbitration Provision or this Agreement to the contrary, the Class Action Waiver is not severable from the remainder of this Arbitration Provision and, in the event that the Class Action Waiver is held to be invalid and unenforceable, and subject to any right of appeal that may exist with respect to such determination, any class action or representative proceeding shall be determined in a court of law and will not be subject to this Arbitration Provision.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION PROVISION, DO NOT USE THE CARD ACCOUNT. CALL 1 (800) 801-6703 TO CLOSE THE ACCOUNT.
11. Privacy
By requesting, activating or using the Card, you agree to the Privacy Policy included in the materials provided to you with the Card.
12. Miscellaneous
12.1 Card Replacement and Card Expiration
You should safeguard the Card as if it were cash. Cards cannot be replaced or reissued if lost or stolen unless you provide verifiable proof of eligibility deemed sufficient by Brand Assignor or us in our discretion. If you need to replace your Card for any reason, please contact Customer Service. A replacement card due to loss or theft may be subject to a fee. Please note that your Card has a “Valid Thru” date on the front of the Card. You may not use your Card after the “Valid Thru” date. However, even if the “Valid Thru” date has passed, the available funds on your Card do not expire. You will not be charged a fee for replacement cards that we send due to the expiration of the Card.
12.2 Abandoned Property
Although the underlying funds on your Card never expire, to the extent permitted by law, the funds on your Card can be subject to state unclaimed property laws after a certain period of Card inactivity under applicable state laws. If and where required by Applicable Law we may terminate your Card after Applicable Law provides your funds have been abandoned and escheat (send) your unclaimed funds to the state with jurisdiction over such abandoned funds. The specified period of time to report and send abandoned funds Card to such jurisdiction varies on a state-by-state basis.
12.3 Severability
If a court finds any provision of this Agreement invalid or unenforceable such finding shall not make the rest of this Agreement invalid or unenforceable. To the fullest extent possible, any such provision shall be deemed to be modified so as to be rendered enforceable or valid; however, if such provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable.
12.4 Amendment and Cancellation
We may amend or change the terms and conditions of this Agreement at any time, subject to Applicable Law. You will be notified of any change in the manner required by Applicable Law. If the change is made for security purposes or if advanced notification is not required by Applicable Law, we may implement such change without prior notice.
12.5 Assignment
You may not assign or transfer your Card and your obligations under this Agreement to any other person or entity unless other permitted under this Agreement. We may assign or transfer our rights under this Agreement. Use of your Card is subject to Applicable Law. We do not waive our rights by delaying or failing to exercise them at any time. Notwithstanding the foregoing, this Agreement shall be binding on you, your authorized users, your heirs, your executors, administrators, guardians, personal representatives, or trustee in bankruptcy.
13. Last Modified
This Agreement was last modified on February 10, 2023.