Deposit Account Agreement

 

IMPORTANT – PLEASE READ CAREFULLY:

ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST USE YOUR CARD OR ACCOUNT (AS DEFINED BELOW), WHICHEVER OCCURS FIRST, BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION BY BINDING ARBITRATION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION BY BINDING ARBITRATION” SECTION BELOW, YOU AGREE THAT ANY CLAIMS, CAUSES OF ACTION, REMEDIES AND DISPUTES BETWEEN YOU AND STRIDE BANK, N.A., INCLUDING ALBERT AND OUR OTHER SERVICE PROVIDERS, RELATING TO THIS AGREEMENT, YOUR CARD OR ACCOUNT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

AS A CONDITION OF THE ACCOUNT, YOU MUST CONSENT TO AND HAVE THE ABILITY TO RECEIVE ELECTRONIC DISCLOSURES. IF YOU WITHDRAW THAT CONSENT AT ANY TIME, WE WILL CLOSE YOUR ACCOUNT AND SEND YOU YOUR REMAINING ACCOUNT BALANCE AFTER ANY PENDING TRANSACTIONS HAVE CLEARED.

 

I. Contents

 

II. Deposit Agreement and Disclosures

This Deposit Account Agreement, including the Fee schedule and any amendments or additional disclosures we may provide to you (“Agreement”) is a contract between you, the depositor, and Stride Bank, N.A., member of the Federal Deposit Insurance Corporation (“FDIC”) (the “Bank”, “we” or “us”), that governs your demand deposit account provided by Bank, serviced by Albert Corporation (“Albert”). Stride Bank is not affiliated with Albert. Albert is a service provider to the Bank for certain purposes in providing the Account and Card to you.

This Agreement states the terms and conditions governing your demand deposit account (“Account” or “Albert Cash Account”), including the related debit card. The debit card may be either a plastic card or a virtual card as a number to be used in making remote transactions (in either case, the “Card”). The Account allows Albert to deposit your funds for your benefit to a pooled bank account eligible for FDIC insurance with Bank. The headings used throughout this Agreement are provided solely for your convenience, and do not define or modify the meaning of any term. Please keep a copy of this Agreement for future reference.

BY ACTIVATING YOUR CARD OR OPENING, OR CONTINUING TO HOLD AN ACCOUNT WITH US, OR TO USE THE ACCOUNT IN ANY WAY, OR PARTICIPATING IN THE PROGRAM IN ANY WAY, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THIS AGREEMENT AND OUR PRIVACY POLICY. PLEASE VISIT Albert.com/privacy TO VIEW, PRINT, AND SAVE THIS AGREEMENT AND https://stridebank.com/sft1172/strideprivacynotice112019.pdf TO VIEW, PRINT, AND SAVE OUR PRIVACY POLICY.

This Agreement is made under Oklahoma law and is subject to Oklahoma law except to the extent governed by federal law, including the Federal Arbitration Act. You understand and agree that your Account was opened in Oklahoma, and the location of your Account is in Oklahoma for purposes of this Agreement. If any portion of this Agreement is found unenforceable, the rest of the Agreement, without the unenforceable term or terms, will continue in full force and effect. Except for claims subject to arbitration under Section 14 (the “Arbitration Clause”), you consent and submit to the exclusive jurisdiction of the state and federal courts located in Oklahoma with respect to all controversies arising out of or in connection with this Agreement that are not subject to arbitration or to any proceeding to enforce the Arbitration Clause or to confirm or vacate an arbitration award.

CELLULAR PHONE CONTACT POLICY: By providing us with a telephone number for a cellular phone or other wireless device, including a number that you later connect to a cellular device, you are expressly consenting to receiving communications-including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system-from us, Albert, our affiliates, Albert’s affiliates, our agents, and Albert’s agents at that number. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls and text message for non-marketing purposes. Calls and messages may incur access fees from your cellular provider.

 

A. Our Agreement

You may open the Account at the Albert Website by visiting Albert.com (the “Albert Website”) or by using the Albert mobile banking application (the “Albert Mobile App”). The Account is not designed for business use, and we reserve the right to close the Account if we determine it is being used for business purposes. We reserve the right to refuse to process any transaction(s) that we believe may violate the terms of this Agreement.

You are responsible and liable for all activity you have authorized on your Account unless otherwise noted below.

 

Business Days

Our business days are Monday through Friday, excluding federal holidays. Any references to “days” found in this Agreement are calendar days unless indicated otherwise.

 

B. Account Basics

 

1. Account Eligibility

You must be at least eighteen (18) years old to open and use the Account. By agreeing to this Agreement, you represent and warrant to us: (i) that you are at least eighteen (18) years old; (ii) that you are a legal resident of the United States; and (iii) that your enrollment in and use of the Account is in compliance with any and all applicable laws and regulations.

We may use information from third parties to help us determine if we should open your Account.

You must agree to accept electronic, rather than paper statements. This means:

1. you must keep us informed of your current valid email address; and
2. you must agree to accept electronic delivery of all account communications (such as end-of-year tax forms and electronic statements).

YOU AGREE TO ACCEPT ELECTRONIC COMMUNICATIONS INCLUDING ALL RECORDS, NOTICES, AND STATEMENTS, STATEMENTS WHEN YOU AGREE TO BE BOUND BY THIS AGREEMENT OR USE THE ACCOUNT IN ANY WAY. By accepting and agreeing to receive electronic communications, you represent that: (1) you have read and understand this consent and have the necessary hardware and software to receive communications electronically, and (2) agree that your consent will remain in effect until it is withdrawn.

You are responsible for notifying Albert of any change in your name, physical address, phone number, mailing address, or email address. Requests for address or name changes may be subject to additional verification requirements.

We will attempt to communicate with you only by use of the most recent contact information we have on file for you. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from Albert for you. We accept no responsibility for your failure or delay in receiving email messages. If you make your email account available to any other individual, you accept responsibility for any release of your Account information to that individual.

You may withdraw your consent to receive further communications electronically at any time by contacting Albert at consent@albert.com or via mail at Attn: Albert Corp, 440 N. Barranca Ave #3801, Covina, CA 91723. If you withdraw such consent, we reserve the right to close your Account and mail you your remaining Account balance. Any withdrawal of consent to receive communications electronically will be effective only after we have a reasonable period of time to process your withdrawal request. Please note that your withdrawal of consent will not apply to any Communications electronically sent to you before your withdrawal request has been processed.

 

2. Opening an Account

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT.

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions 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, address, date of birth, taxpayer identification number, and other non-public personal information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other identifying documents and may also request additional identifying information and documentation from time to time in connection with your access to certain Account features, functionality, or services.

 

3. The Account

The Account consists of the online transaction demand deposit account used to make payments and transfers to third parties online or through the use of a Card. You will be issued a virtual Card and have the option to request a physical Card. The virtual Card does have more limitations than a physical Card. See Section 11 below for more information about your virtual Card. The Account is a personal, checkless account. You may not issue paper checks with the Account. We will not issue you a personal checkbook to write checks from your Account, however you will be able to send checks via the App from your Account. If you attempt to obtain and use a personal checkbook, the check will be rejected.

 

4. Account Titling and Ownership

The Account may only be owned and titled in the name of one person who may deposit, transfer, or withdraw funds. The Account cannot be owned or titled jointly, by an organization, as Payable on Death (“POD”) or “In Trust For” (“ITF”).

 

5. Death or Incapacitation

You or your appointed party, designee, or appointed individual agree to notify us promptly if you die or become legally incapacitated. We will continue to accept deposits and process transaction instructions into and from your Account until we are: (a) notified of your death or adjudication of incompetency and (b) have a reasonable opportunity to act. You agree that, even if we have knowledge of your death we may pay or process transactions on your Account on or before the date of death until we have the opportunity to action the account unless ordered to stop payment by someone claiming interest in the Account. We may require additional documentation to confirm any claims made on the Account.

 

6. Power of Attorney

You may appoint another individual as attorney-in-fact for your Account. The account owner and person executing the power of attorney is known as the “Principal”. The person granted the power of attorney for the Principal is known as the “Agent”. You should notify us in advance if you plan to create a power of attorney involving your Account. We generally will accept a Uniform Statutory Form Power of Attorney that complies with state law. We may require the Agent to sign an affidavit stating that the power of attorney presented to us is a true copy and that, to the best of the Agent’s knowledge, the Principal continues to be alive and competent and that the relevant powers of the Agent have not been amended or terminated. The Principal is responsible to provide us with information if an affidavit presented to us is untrue or misleading or if Agent exceeds the authority granted by the Principal in the power of attorney. We may refuse to accept any forms of powers of attorney, however, with or without cause. We may act on the instructions of an attorney-in-fact whether or not the attorney-in-fact relationship is noted in the instruction (e.g., on any check signed by the attorney-in- fact). You can revoke your power of attorney by sending a written notice to us at any time. The power of attorney will continue in force until a) we receive written revocation from the Principal; b) we receive written notification of the Principal’s death; or c) we receive written notification of the death or incapacity of the Agent. We assume no duty to monitor the actions of your attorney-in-fact to ensure that he or she acts for your benefit.

 

7. Our Relationship With You

This Agreement does not create a fiduciary, quasi fiduciary or other special relationship between you and us. We owe you a duty of ordinary care. There are no third-party beneficiaries to this agreement.

 

8. Privacy Policy

Our privacy policy is available at Albert.com/privacy and is considered part of this Agreement.

 

C. Fast Transfers

We may offer, at our discretion, the ability for you to make a Fast Transfer (“Fast Transfer”) to a linked external debit card subject to the following terms:

1. In the App, you have previously successfully linked a United States issued debit card tied to an external bank account;
2. Each Fast Transfer incurs a $4.99 fee. You must have sufficient available funds in your Account to cover the amount of the transfer and the fee;
3. The minimum Fast Transfer amount is $10.00 and you are limited one transfer per 60 seconds and 20 transfers per 24-hour period.

 

D. General Rules Governing Deposit Accounts

You may not grant, transfer or assign the Account or your obligations under this Agreement.

The Bank may also transfer or assign its rights under this Agreement at any time and without providing prior notices to you of the assignment. Use of the Account is subject to all applicable laws, rules, regulations, and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the State of Oklahoma except to the extent governed by federal law.

The funds in your Account are held in a pooled account at the Bank. Those funds are eligible for FDIC insurance up to $250,000 on a pass-through basis and do not pay any interest. FDIC deposit insurance coverage only protects against the failure of Bank and not of Albert. The availability of FDIC insurance is contingent upon Albert maintaining accurate records and determinations of the FDIC as receiver at the time of a receivership if Bank should fail. Such coverage is subject to aggregation of all of your deposits held at Bank in accordance with applicable law.

For further information about deposit insurance generally, you may write to the FDIC at 550 17th Street, N.W., Washington D.C. 20429, telephone the FDIC’s toll-free hotline at 877-275-3342, or visit its website atwww.fdic.gov.

 

1. Deposits to the Account

Make deposits to your Account using any of these methods:

Transaction Type	Frequency and/or Dollar Limits
Direct deposits or other ACH Transfers to the Account initiated from an outside financial institution*	No limit to the number of times per calendar day. No maximum dollar limit.
ACH deposits initiated from the Albert App or Website	No limit
Deposits using an external debit card (no gift cards or credit cards) from an outside financial institution	No limit to the number of times per day; up to $6,000 per calendar day, maximum of up to $30,000 over a 30 day period.

 

We may change these limits with notice to you.

The above may be unavailable or delayed from time to time due to eligibility requirements, scheduled maintenance, changes to our services, unforeseen circumstances, or outages.

 

2. No Cash, Paper Checks or Foreign Currency

We are not liable for any deposits, including cash, lost in the mail, lost in transit, or not received by us.

Cash – We do not accept deposits made in cash. If you mail a cash deposit, the cash will be sent back to the address we have for you on file.

Paper Checks – Personal checks, cashier’s checks, and money orders may not be deposited by mail. All checks and money orders sent to us for deposit will be returned unless the full amount may be applied towards a negative balance, in which case the check or money order may or may not be deposited to the Account at our discretion.

Foreign Currency – We do not accept deposits in foreign currency. Any deposits received in foreign currency, cash or check, will be sent back to the address we have for you on file.

 

3. Funds Availability

Please refer to the Section III “Mobile Check Deposit,” Section III(E), “Mobile Deposit Availability and Maintenance,” and Section V ”General Funds Availability” for additional information.

 

4. Preauthorized Transfers & Direct Deposit

Your Account number and bank routing number can be used for preauthorized direct debits (“ACH Debits”) from merchants, Internet service or other utility service providers (“Merchants”). These numbers may also be used for the purpose of initiating direct deposits to your Account which in turn will allow you the ability to choose to allocate those direct deposits from your Account to your selected deposit Accounts all in accordance with your direct deposit selections made in the Albert Mobile App. Preauthorized ACH Debit transfers will be processed under the Operating Rules of the National Automated Clearing House Association (“NACHA”) and you agree to comply with the NACHA rules. Detailed information regarding preauthorized transfers is available in Section II, “Electronic Funds Transfer Disclosure And Special Terms And Conditions.”

NOTE: The recipient’s name on any direct deposit(s) we receive must match the name of the Accountholder. Any direct deposits received in a name other than the name registered to the Account will be held and returned to the originator if you cannot prove ownership of the funds. IMPORTANT: If your Account number changes you must immediately notify the Merchants and/or your payroll provider. You must provide them with the new Account number to ensure that the ACH Debit and credit activity continues uninterrupted.

 

5. Problems That Could Occur with Deposits

Overpayments and Reversals. If funds are deposited or transferred into your Account by mistake or otherwise, you agree that we may correct the situation by deducting the amount of the deposit from your Account without prior notice to you. If there are not enough funds in your Account at that time, your Account could become overdrawn. See the Sections below labeled “No Overdrafts” and “Right to Set Off” for more information about what could occur if your Account has a negative balance.

 

6. No Overdrafts

You are not permitted to overdraw your Account.

If the available balance in your Account is not sufficient to cover any payment or withdrawal you have authorized, we can refuse to process the payment or withdrawal. Even if we’ve paid overdraft items before, we are not required to do it in the future. It’s your responsibility to avoid overdrawing your account.

Below we describe, generally, how we post transactions to your Account. Please note that this process may change from time to time, without prior notice to you. Our order of posting depends on a number of factors, including when a transaction occurs, whether it has already been approved by us or has become final, the order in which it is presented, the amount, system availability, potential risk of loss to the Bank, and the type of transaction in question, among other variables.

First, we credit your Account for deposits received before the cutoff time. Then, we process withdrawals / payments we have previously authorized and cannot return unpaid, such as Card purchases and ATM withdrawals. If we receive more than one of these transactions for payment from your Account, we will generally sort and pay them based on the date and time you conducted the transactions. For Card transactions, we will use the date the transaction is received for payment from your account. For some transactions, the time may be assigned by our systems and may vary from the time you initiated it. Multiple transactions that have the same time will be sorted and paid from lowest to highest dollar amount. We always reserve the right to post transactions that are payable to us first, and we may post any transaction earlier or later in the process than indicated. As such, if you want to avoid an overdraft or the possibility of a rejected transaction, you should take steps to ensure that your Account has sufficient funds to cover each of your transactions and any fees.

[If your Account balance becomes negative for any reason, you must make a deposit immediately to cover the negative balance. We may report you to consumer reporting agencies, close your account, or both. This could affect your ability to open accounts with us or other banks in the future. If your Account has a negative balance and you have another account with us, we reserve the right to exercise our right in Section 5 above and our right to setoff. See the “Right to Set Off” section below for details. If your Account has a negative balance for sixty (60) calendar days or more, it will be closed. You agree to pay all costs and expenses we incur in collecting overdrawn funds. We may still pursue collection of the amount you owe (including suing you) after it is charged off. Albert and / or the Bank reserve the right to close your Account if you overdraw your Account in violation of these terms.

 

7. Right to Set Off

If your Account balance becomes and remains negative for fifteen (15) days, we can use the funds in any of your accounts to repay the amount owed on the negative balance Account. This means, we have the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with us. Further, you grant us a lien on and security interest in the funds on deposit in each of your account(s) as security for all of your liabilities and obligations to us, now or in the future. We do not have to give you any prior notice to apply the funds. You expressly agree that our rights extend to any electronically deposited federal or state benefit payments (including Social Security benefits). If you don’t want your benefits applied in this way, you may change your direct deposit instructions at any time with the person or organization paying the benefits. If any federal benefits or other payments are deposited to your account after you become ineligible to receive them, we may set off against any of your accounts to recover the payments if we’re obligated to return funds to the payor. We will notify you if we have exercised our right to set off.

 

8. Legal Processes Affecting Accounts

If legal action such as a garnishment, levy or other state of federal investigation or legal process (“Legal Process”) is brought against your Account, we may refuse to permit (or may limit) withdrawals or transfers from your Account until the Legal Process is satisfied or dismissed. Regardless of the terms of such garnishment, levy or other state or federal process, we have first claim to any and all funds in your Account. We will not contest on your behalf any such Legal Process and may take action to comply with such Legal Process as we determine to be appropriate in the circumstances without liability to you, even if any funds we may be required to pay out leaves insufficient funds to pay a transaction that you have authorized. Payment is made after satisfying any fees, charges or other debts owed to us. You agree that we may honor legal process that is served personally, by mail, email or facsimile transmission at any of our offices (including locations other than where the funds, records or property sought is held), even if the law requires personal delivery at the office where your account or records are maintained.

You agree that you are responsible for any expenses, including legal expenses and fees we incur due to any Legal Process on your Account. We may charge these expenses to your Account. You will indemnify us for any losses if we do this.

 

9. Account Holds, Suspensions, Restrictions and Closures

Albert and/or Bank may suspend, freeze, restrict, or close your Account for any reason with or without notice. Such reasons include, but are not limited to:

1. If we, at any time, believe a customer is using the Account and/or associated Card for fraudulent or illegal purposes, or such customer otherwise presents an undue risk to Albert and/or the Bank as determined, in our sole discretion.
2. Your use conflicts with any federal, state or local law, rule or regulation, including federal foreign asset control and sanction rules and anti-money-laundering rules, or with our policies adopted to assure that we comply with those laws, rules or regulations.
3. If Albert and/or Bank receives a court order or other Legal Process request to suspend or close your Account.
4. Your non-fraudulent actions nonetheless violate any part of this Agreement.
5. If Albert and/or Bank suspends, freezes, restricts or closes any of your other accounts held by Bank and/or held by another Albert partner bank.

If our monitoring of the Account detects any such activity, the Account funds will be subject to a hold pending review of the activity by the Bank and/or Albert. The Bank and/or Albert may require you and other parties to the activity to produce documents and/or other materials evidencing the validity of the activity. Funds on deposit in any Account are subject to hold at the Bank’s discretion until the source of such funds and/or the activity is properly verified. The Bank and/or Albert also may temporarily or permanently reduce your limits on deposits to, or withdrawals or transfers from, your account without prior notice to you unless prior notice is required by applicable law, rule, or regulation.

 

10. Amendment and Cancellation

We may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement on Albert.com, and any such amendment shall be effective upon such posting to that Website. The current Agreement is available at Albert.com. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Account or this Agreement at any time.

You may cancel this Agreement by going to the Albert Mobile App, Albert Website, or contacting Albert Customer Service via text at 639-37 or email support@albert.com to close your Account. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. You must withdraw all funds before your account can be closed.

If your Account is cancelled, closed or terminated for any reason, you may be eligible to receive the unused balance, which will be returned to you via check sent to the mailing address we have in our records. For security purposes, you may be required to supply identification and address verification documentation prior to issuing a refund check. Allow fourteen (14) days for processing of the refund check. Your check will be mailed to you to the address on file after it is processed. In the event the program is cancelled, closed, or terminated, we will send you prior notice, in accordance with applicable law, rule, or regulation. Specific information and instructions, including how to receive any remaining Account balance, will be in the notice. We reserve the right to refuse to return any unused balance amount less than $1.00 unless required by applicable law, rule, or regulation.

 

11. Account Dormancy and Escheatment

An Account that is inactive for a period of time may be considered dormant and is subject to escheatment. We may transfer (escheat) your property to the appropriate state if no activity occurs in the account or you fail to communicate with us regarding your Account within the time period specified by state law. We may consider an Account dormant even if you maintain another active Account with us. Each state has varying laws as to when an account is subject to escheatment and we may be required to send the balance in your Account to the state of your last known address. We will make all reasonable efforts to contact you before transferring the remaining balance of your Account to the applicable state. If funds are transferred to the state, you may file a claim with the state to recover the funds.

 

12. Statements

Electronic statements are available to view and print at the Website and Albert Mobile App. Carefully review your statements each statement period and notify us of any errors within sixty (60) days of your statement becoming available. If you do not, you may be responsible for unauthorized transactions as described in Section II(A)(7), “Your Liability for Unauthorized Electronic Funds Transfers” below. You will not receive paper statements.

 

13. Special Rules for New Accounts

Accounts open less than thirty calendar days from the date that your first deposit is credited to your Account (“30 days”) or Accounts with a Card that has not been activated (“New Accounts”) will be limited in functionality. You may not be eligible to use certain features of your Account until the Card has been activated and the Account has been open for at least 30 days. In addition, certain transfer limits may be lower during this time as indicated in Section I(D)(1) “Deposits to the Account” and Section II, “Electronic Funds Transfer Disclosure and Special Terms and Conditions.”

 

E. Using the Card

Upon your specific election, you will receive the Card with your Account. You acknowledge and agree that the funds accessible through use of the Card is limited to the available funds in your Account. You agree to sign the back of the Card immediately upon receipt. The expiration date of the Card is identified on the front of the Card. The Card is the property of the Issuer and must be surrendered upon demand. The Card is nontransferable, and it may be cancelled, repossessed, or revoked at any time without prior notice subject to applicable law, rule, or regulation.

 

1. Activate the Physical Card

You must activate the Card before it can be used. You may activate it through the Albert Mobile App. You will need to provide personal information in order for us to verify your identity. Certain functionality outlined in this Agreement may be restricted prior to activating the physical Card, for details see Section I(D)(1) “Deposits to the Account” and Section II, “Electronic Funds Transfer Disclosure and Special Terms and Conditions.

 

2. Personal Identification Number

You will not receive a Personal Identification Number (“PIN”) with the Card. However, you will be prompted to select a PIN when you activate the physical Card. See the activation instructions in the Albert Mobile App. You should not write or keep your PIN with your physical Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately following the procedures in Section II(A)(7), “Your Liability for Unauthorized Electronic Funds Transfers.”

 

3. Authorized Card or Account Users

You are responsible for all authorized transactions initiated and fees incurred by use of the Card or Account. If you permit another person to have access to your Card, Card number(s), Account number(s) or PIN, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of your Account according to the terms and conditions of this Agreement.

 

4. Secondary Cardholder

You may not request an additional Card for another person.

 

5. Your Representations and Warranties

By activating the Card or by retaining, using or authorizing the use of the Card provided with the Account, you represent and warrant to us that:

1. you are at least 18 years of age (or older if you reside in a state where the majority age is older);
2. you are a U.S. citizen or legal alien residing in the fifty (50) states of the United States (“U.S.”) or the District of Columbia;
3. you have provided us with a verifiable U.S. Street address (not a P.O. Box);
4. the personal information that you provide to us in connection with the Account is true, correct and complete;
5. you received a copy of this Agreement and agree to be bound by and to comply with its terms; and
6. you accept the Card.

 

6. Cash Access and Transaction Limitations

With your PIN, you may use the Card to obtain cash from your Account at any Automated Teller Machine (“ATM”) or any Point-of-Sale (“POS”) device, as permissible by a merchant, that bears the Mastercard® Marks. All ATM transactions are treated as cash withdrawal transactions. Please note that if you use your Card to get account balance information from an ATM, the balance may not reflect recent transactions, and may include funds that are not available for immediate withdrawal. You may use the Card at an ATM and withdraw funds at a participating bank (“Over The Counter” or “OTC” withdrawals). ATM and OTC cash withdrawals, funds withdrawn at a POS, and purchases each count toward the [$7,020.00] maximum amount that can be spent on the Card per day. Below are the itemized cash access and spending limits for your Account at the time of account opening. Members may later be eligible for higher transaction limits at our discretion, based on Account history. We may change these limits with notice to you.

Transaction Type	Frequency and/or Dollar Limits
ATM Withdrawal	No limit to the number of times per day. Up to $2,020.00 per day
Card Transactions	No limit to the number of times per day. Up to $5,000.00 per day

You may use the Card to purchase or lease goods or services everywhere Mastercard debit Cards are accepted as long as you do not exceed the available balance of your Account and the applicable limits set forth above. Some merchants do not allow customers to conduct split transactions where the Card is used as partial payment for goods and services and the remainder of the balance is paid with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available in the Account to the Card. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping the Card, the Card is likely to be declined.

If you use the Card at an automated fuel dispenser (“pay at the pump”), the transaction may be preauthorized for an amount equal to $100.00 or more. If the Card is declined, even though you have sufficient funds available, you should pay for your purchase inside with the cashier. If you use the Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the transaction may be preauthorized for the purchase amount plus up to 15% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. A preauthorization will place a “hold” on those available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorized amount on hold will be removed. It may take up to eight (8) days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount.

All transactions relating to car rentals and hotels may result in a hold for that amount of funds for up to thirty (30) days.

If you use the 16-digit Card number without presenting the Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make with the Card. The Card cannot be redeemed for cash. You may not use the Card for any illegal online gambling or any other illegal transaction.

Each time you use the Card, you authorize us to reduce the value available in the Account by the amount of the transaction and any applicable fees. If a transaction exceeds the balance of the funds available in the Account, you shall remain fully liable to us for the amount of the transaction and any applicable fees. See these provisions in Section I(D)(6)-(7) for additional details if your Account balance becomes negative: “No Overdrafts” and “Right to Set Off.”

You do not have the right to stop payment on any purchase or payment transaction originated by use of the Card. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds for up to sixty (60) days.

 

7. Transactions Made in Foreign Countries

If you obtain funds or make a purchase in a currency other than the currency in which the Card was issued, the amount deducted from the available balance of your Account will be converted by Mastercard into an amount in the currency of the Card. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Mastercard from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Mastercard itself receives, or the government-mandated rate in effect for the applicable central processing date. The conversion rate may be different from the rate in effect on the date of your transaction and the date it is posted to your account.

We will not impose a fee for each transaction (U.S. or foreign currency) that you conduct at merchants (including foreign websites) outside the United States or in a foreign currency, however, there may be third-party fees.

In order to be eligible for international transactions and ATM withdrawals (including U.S. territories), you must have a qualifying direct deposit enabled. ATM withdrawals are subject to the fees outlined in Section V. See the Albert Terms of Use for details.

 

8. Receipts

You should get a receipt at the time you make a transaction using the Card. You agree to retain, verify, and reconcile your transactions and receipts.

 

9. Card Replacement

If you need to replace the Card for any reason except at Card expiration, you can do so through the Albert Mobile App or by contacting Customer Support at 639-37 or support@albert.com. You may be required to provide identifying information.

 

10. Card Expiration

The Card will expire no sooner than the date printed on the front of it. You will not be able to use the Card after the expiration date; however, a replacement Card will be automatically mailed to you prior to the expiration of the Card. If you need a Card replacement for any reason other than the Card’s expiration, you may request one at any time by following the procedures in the section labeled “Card Replacement.”

 

11. Virtual Card

You will receive a virtual Card when you open an Albert Cash account. Use of the virtual Card signifies your acceptance of the virtual Card. Unlike the physical Card, the virtual Card cannot be used at an ATM or to withdraw cash at a POS system where the POS device requires a PIN. If a merchant’s POS system does not require entry of a PIN number, you may be able to withdraw cash using your virtual Card, subject to the merchant’s approval. You may manage your Cards in the Albert Mobile App.

 

F. Sending Checks

You can send payments to businesses and individuals within the United States by check with funds from your Albert Cash account. To send a check, you will need to provide the name and mailing address of each business or individual recipient you wish to send a check payment to, as well as any other information requested through the App or Site. Albert will then send your requested check to your designated payee. You are responsible for verifying the accuracy of all information you provide to us for sending a check on your behalf. Checks will only be sent to mailing addresses located in the United States. To be eligible for this feature, you must have at least $500.00 in qualifying direct deposits. There are no fees for sending checks through your Albert Cash account, but the following limits apply: $5000.00 per check, up to 3 checks per 7 calendar days, and maximum $5000.00 across all checks per 7 calendar days.

A check will only clear when there are available funds in your Albert Cash account to cover the full amount of the check. If there are insufficient funds in your account to cover the check amount, the check will be returned unpaid. A check that was not deposited by the business or individual to whom the check was issued will be voided after one hundred and eighty (180) days. The full amount of the uncashed check will be credited back to your Albert Cash account within one (1) to three (3) Business Days. For all purposes in these Terms, “Business Day” means Monday through Friday, excluding U.S. federal holidays. We reserve the right to refuse to process a check payment to any business or individual if we have a good faith belief that doing so is reasonably necessary to prevent fraud or other illegal activity.

Checks will be sent on the Business Day following the date we process your request using standard U.S. Postal Service mail. If you are requesting a check to make a payment with a deadline, it is important to take into account the time needed for the check to arrive by mail. Once you have initiated a request to send a check, we cannot prevent the check from being processed or the amount of the check from being deducted from your Albert Cash account. Albert and Stride Bank will not be liable for any loss or damage resulting from the inability to stop payment of a check.

Sending a check payment to government entities (such as tax payments) or making payments under a court order are initiated at your own risk. Albert and Stride Bank will not be liable for any claims, losses or damages resulting from your initiation of such payments or have any obligation to investigate or resolve any claims that may arise. You will be solely responsible for resolving any misapplied, mis-posted or misdirected check payments sent to government entities or pursuant to a court order.

 

II. Electronic Funds Transfer Disclosure And Special Terms And Conditions

Your Account number and bank routing number can be used for the following:

1. Preauthorized direct debits (“ACH Debit(s)”) from merchants, Internet service or other utility service providers (“Merchants”).
2. For the purpose of initiating ACH transactions to or from your Account (such as direct deposits).

Note: The recipient’s name on any direct deposits or ACH credits we receive must match the name on the Account. Any direct deposits received in a name other than the name registered to the Account will be held for review and returned to the originator.

 

G. Limits on ACH Debit Transactions

Cut-off Time – The cut-off time for initiating ACH transfers is 12:00PM Eastern Time on a business day. Any transfer initiated after the cut-off time will be treated as if it were scheduled on the next business day.

ACH Debit Limits – The limitations to the amount of funds that can be transferred from your Account per day are as follows:

Transaction Type	Frequency and/or Dollar Limits
ACH Debits	No limits to the number of times per day Limited to the available Account balance
ACH credits initiated from the Albert Mobile App or Website to another bank account you own	No limit to the amount or number of times per day

 

We may change these limits with notice to you.

 

H. Electronic Funds Transfer Services

The following terms are used to describe Electronic Funds Transfer (“EFT”) services. “Automated credits” or “direct deposits” are deposits made to your Account by electronic means. “Automated debits” and “automated payments” indicate payments authorized by you to be made from your Account by electronic means.

When you accept direct deposits or authorize automatic payments/debits or transfers to or from your Account, you agree to these terms and conditions.

Other relevant terms and conditions described elsewhere in the Agreement also apply as long as they are consistent with Regulation E or Section II below.

 

1. Types of Electronic Funds Transfers Available

• You may arrange with another party, such as your employer or a government agency, to electronically deposit funds on a one- time or recurring basis directly to your Account.
• You may authorize another party, such as a merchant, to make a one-time or recurring payment(s) using the Account and bank routing numbers, directly from your Account subject to the established limitations on withdrawals and transfers.
• You may use the Card to make purchases at merchants that accept the Card or to obtain cash at ATMs, over the terminals.
• You may initiate ACH transactions to or from your Account.
• You may initiate Fast Transfers from your Account.

 

2. Limitations on Transfers, Amounts and Frequency of Transactions

• You may make cash withdrawals and POS purchases, not to exceed the established limits for your Account. See the section labeled “Cash Access and Transaction Limitations” for details about the limits.
• If your Account is closed, blocked or suspended for any reason, you will not be able to transact using your Card (including at an ATM).

3. Right to Receive Documentation of Electronic Funds Transfers

1. Statements. Each month, you will have access to an electronic monthly statement that can be viewed on the Website and Albert Mobile App. You will also have access to transaction authorizations and settlements within of the transaction on the Albert Mobile App and by logging on to your account at Albert.com. You should carefully review your statements each statement period and let us know as soon as possible if there are any errors. If you do not, you may be responsible for unauthorized transactions as described in Section II(A)(7), “Your Liability for Unauthorized Electronic Funds Transfers” below. We do not mail monthly paper statements.
2. Direct Deposits or Automated Credits. If you have arranged to have direct deposits made to your Account at least once every sixty (60) days from the same person or company, check your transaction history through the Albert Mobile App to find out if the deposit has been made.

 

4. Right to Stop Payment of Preauthorized Transfers and Procedures for Doing So

If you scheduled a one-time ACH transfer over the phone or recurring ACH transfers using a written authorization form, you can stop any of these payments. Here’s how: To stop a recurring ACH transfer to a merchant you preauthorized to debit your Account, please contact the merchant to request cancellation of the recurring payment. If the merchant with whom you arranged recurring ACH transfers from your Account is unable or unwilling to stop the transfer to request a stop on such payment, we may require you to put your request in writing and to provide us with a copy of your notice to the payee, revoking the payee’s authority to originate debits to your account, within 14 days after you call. If we do not receive the written confirmation within 14 days, we may honor subsequent debits to your account. Your request to stop payment must be received at least three (3) business days before the payment is scheduled to be made. If you fail to give us your request at least three business days prior to a transfer, we may attempt, at our sole discretion, to stop the payment. We assume no responsibility for our failure or refusal to do so, however, even if we accept the request for processing.

If you want to permanently stop all recurring payments to a specific merchant you will be required to put your request in writing within fourteen (14) days after your notification to stop such payments. You will need to tell us; the name of the payee, the dollar amount of the payment and the date of the payment. If written stop payment notification is not received within fourteen (14) days, the payment in question will be honored as originally authorized and future payments will not be permanently stopped. If you order us to stop one of these payments at least three business days before the transfer is scheduled and we do not do so, we will be liable for your losses or damages. In order to stop payment, we may close your account.

 

5. Notice of Varying Amounts

If the recurring ACH transfers you make might vary in amount, the person you are going to pay will tell you the transfer date and the amount of the transfer ten (10) days before each payment is scheduled to take place. (You may choose instead 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 you set).

 

6. Liability for Failure to Stop Payment of Preauthorized Transfer

If you order us to stop a preauthorized payment three (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 subject to any limits of liability.

 

7. Your Liability for Unauthorized Electronic Funds Transfers

Tell us at ONCE if you believe your Card, PIN or Account number has been lost or stolen. Reaching out to us immediately by phone is the best way to minimize your losses. Call, 844-891-9309, text 639-37 or email support@albert.com if your Card, PIN or Account number has been lost or stolen, or if someone has transferred or may transfer money from your Account without your permission. You could lose all the money in your account. If you tell us within two business days after you learn of the loss or theft of your Card, PIN, or Account, you can lose no more than $50 if someone used your Card, PIN or Account without your permission. Under Mastercard U.S.A. Inc. Operating Regulations, your liability for unauthorized Mastercard debit transactions on your Account is $0.00 unless we determine that you were grossly negligent or fraudulent in the handling of your Card. This reduced liability does not apply to certain commercial card transactions, transactions not processed by Mastercard or to ATM transactions outside the U.S. In the event that the Mastercard Zero Liability Rules do not apply, if you do not notify us within two (2) business days after you learn of the loss or theft of your Card, PIN, or Account number and we can prove that we could have stopped someone from using your Account without your permission if you had promptly notified us, you may be liable for as much as $500.00.

Also, if your statement shows transactions that you did not make, including those made by Card, PIN, or other means, notify us at once following the procedures stated in the section labeled “In Case of Errors or Questions About Your Electronic Transfers” below. If you do not notify us within sixty (60) days after you become aware of the transaction(s) and/or the statement was made available to you, you may not get back any of the value you lost after the sixty (60) days, if we can prove that we could have stopped someone from taking value if you had notified 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. If your Card, PIN or Account number has been lost or stolen, we will close your Card and/or Albert Account to keep losses down and send you a replacement Card and/or Account number.

If your Account changes you must immediately notify your employer or any other payors or merchants. You must provide them with your new Albert Account number to ensure that your direct deposit and/or ACH Debit activity continues uninterrupted.

 

8. Our Liability for Failure to Complete Transactions

If we do not complete a transaction from your Account or 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, if:

1. Through no fault of ours, you do not have enough available funds in your Account to complete the transaction;
2. A merchant refuses to accept your Card or Account number;
3. The information supplied by you or a third party is incorrect, incomplete, ambiguous or untimely;
4. An ATM where you are making a cash withdrawal does not have enough cash;
5. An electronic terminal (Point of Sale or ATM) where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
6. Access to your Card or Account has been blocked after you reported your Card or Account number lost or stolen;
7. The transaction cannot be completed because your Card is damaged;
8. There is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
9. We have reason to believe the requested transaction is unauthorized;
10. Circumstances beyond our control (such as fire, flood, power failure, strike, labor dispute, critical service provider failure, computer breakdown, telephone line disruption, government or regulatory action, or a natural disaster) prevent or delay the completion of the transaction, despite reasonable precautions that we have taken; or
11. Any other exception stated in our Agreement with you.

 

9. Confidentiality

We may disclose information to third parties about your Account, Card or the transactions you make:

1. Where it is necessary or helpful for completing transactions;
2. In order to verify the existence and condition of your Account or Card for a third party, such as a merchant;
3. In order to comply with government agency, court order, or other legal or administrative reporting requirements;
4. If you give us your consent;
5. To our employees, auditors, affiliates, service providers, or attorneys as needed;
6. In order to identify, prevent, investigate or report possible suspicious or illegal activity;
7. To disclose the existence, history, and condition of your account to consumer reporting agencies;
8. As noted in the Albert Privacy Policy and Bank Consumer Privacy Notice(s); or
9. Otherwise as permitted by law or necessary to fulfill our obligations under this agreement.

Please see our Privacy Policy for further details.

 

10. In Case of Errors or Questions About Your Electronic Transfers

In case of errors or questions about your electronic transactions, call 844-891-9309, text 639-37, or contact us through the Albert Mobile App, or write to Albert 440 N Barranca Ave #3801 Covina, CA 91723 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after the earlier of the date you electronically accessed your Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling 844-891-9309 , texting 639-37, or emailing support@albert.com. You will need to tell us:

• Your name, Account number and/or 16-digit Card number
• Why you believe there is an error, and the dollar amount involved
• Approximately when the error took place
• In addition, you may provide us with any supporting documentation related to the error.

If you provide this information orally, 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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will provisionally 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 us to complete the investigation. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not provisionally credit your Account.

For errors involving new Accounts; transactions with a merchant’s POS terminal, whether in-person, online, by telephone, mail, or otherwise; 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. For errors involving unauthorized preauthorized debits (“ACH”), we will ask you to complete and sign an “Affidavit of Unauthorized ACH” and return it to us to assist in our investigation.

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. Copies of the documentation used in the investigation may be obtained by contacting us at the phone number or address shown at the beginning of this section. If you need more information about our error-resolution procedures, call 844-891-9309, text 639-37, email support@albert.com, or visit Albert.com.

 

11. English Language

The meaning of the terms, conditions and representations herein are subject to definitions and interpretations in the English language.

 

12. Customer support

For customer service assistance or additional information regarding your Account, please contact:

Albert

Address: 440 N Barranca Ave #3801 Covina, CA 91723

Text: 639-37

Call: 844-891-9309

Email: support@albert.com

Albert customer service specialists are available to answer your inquiries: Monday through Sunday, 24 hours a day.

 

13. No Warranty Regarding Goods or Services as Applicable

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase using your Account.

 

III. Dispute Resolution by Binding Arbitration

BY USING YOUR CARD OR ACCOUNT, YOU AGREE THAT YOU HAVE READ THIS SECTION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. FOR THE PURPOSES OF THIS SECTION, “WE,” “US,” OR “OUR” SHALL REFER TO THE BANK, ITS SERVICE PROVIDERS, INCLUDING ALBERT, AND EACH OF THEIR RESPECTIVE SUCCESSORS, AFFILIATES OR ASSIGNEES. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN THE SECTION ENTITLED "OPT OUT OF ARBITRATION" BELOW.

 

A. Initial Dispute Resolution

Subject to your right to dispute errors as set forth in section [X], before submitting a claim for arbitration in accordance with this arbitration provision, you and we agree to try, for 60 days, to resolve any Dispute informally. Any party wishing to bring a claim agrees to provide a notice of the Dispute to the other party(ies), which shall include the sender’s name, address and contact information, the facts giving rise to the Dispute, and the relief requested. The notice shall be for an individualized claim specific to the individual bringing the claim. Any notice to us shall be sent toarbitration@albert.comor regular mail at Attn: Albert Corp, 440 N Barranca Ave #3801 Covina, CA 91723. Any notice sent to you will be sent to the most recent email address Albert has in its records for you. Once the notice is received by the other party(ies), you and we agree to participate and negotiate (personally and, if you and we are represented, with counsel) in good faith about the Dispute for sixty (60) days. This personal participation includes a telephone settlement conference between you and us if it is requested by the party that receives the notice.

If the Dispute is not resolved within sixty (60) days after receipt of the notice (or a longer period agreed to by the parties), you or we may initiate an arbitration or a small claims court proceeding in accordance with this arbitration provision.

None of the parties may initiate an arbitration or a small claims court proceeding unless that party has fully complied with this section. If any party violates this section, a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or small claims court proceeding, and, unless prohibited by law, no arbitration administrator may accept or administer such arbitration or assess arbitration fees in connection with such arbitration. A party may elect to raise, and seek monetary relief in connection with, non-compliance with this section in arbitration or small claims court.

 

B. Agreement to Arbitrate

You and we agree that without prejudice to your right to dispute errors under the procedures in Section 36, and subject to the initial dispute resolution process described above and the exceptions described in this paragraph below, the sole and exclusive forum and remedy for resolution of a Dispute shall be final and binding individual arbitration pursuant to this section entitled “Dispute Resolution by Binding Arbitration” unless you opt out as provided below. “Dispute” shall include any dispute, claim or controversy arising out of or relating to this Agreement and/or the activities or relationships that involve, lead to, or result from this Agreement, including our marketing activities, and (except to the extent provided otherwise in the paragraph entitled “NO CLASS ACTIONS”) the validity or enforceability of this “Dispute Resolution by Binding Arbitration” section, any part thereof, or the entire Agreement. Disputes will be settled by binding individual arbitration, except that each party retains the right: (i) to bring or require the other party(ies) to bring an individual action in small claims court (a “Small Claims Action”) as set forth in the Small Claims Action section below; (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”); and (iii) to bring an action seeking only injunctive relief.

 

C. Small Claims Action

If any party contends that the amount of a claim in a Dispute is within the jurisdiction of the small claims court (or an equivalent court) located in the jurisdiction where you reside, that party may bring the claim (only on behalf of the party individually) or if an arbitration case has been initiated, it may instruct the arbitration administrator to administratively close the arbitration case, prior to payment of fees, and direct that the claim be filed, if at all, in small claims court. Upon such an instruction by a party, the arbitration provider shall administratively close the arbitration proceeding. Any dispute about whether a claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the small claims court lacks jurisdiction over the action. Only in the event that the small claims court determines that it lacks jurisdiction over the Dispute may the arbitration provider reopen the arbitration case. You and we acknowledge that failure to comply with the provisions of this section would irreparably harm the party requesting administrative closure of the arbitration proceeding, and you and we agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this section are resolved by the court. You and we do not have to arbitrate a small claim that is filed in small claims court, but if that claim is transferred, removed, or appealed to a different court, you or we may elect to compel arbitration. Moreover, if you seek to bring any counterclaim or cross-claim that is for more than the small claims court’s jurisdiction, we can elect to have the entire claim (including the counterclaim or cross-claim) resolved by arbitration.

 

D. Opt Out of Arbitration

You may opt out of the binding arbitration described in this section by sending Albert written notice of your desire to do so by email atarbitration@albert.comor regular mail at Attn: Albert Corp, 440 N Barranca Ave #3801 Covina, CA 91723 within thirty (30) days following the date you first use your Card or Card Account, whichever occurs first (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Albert with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except with regard to a Small Claims Action, IP Protection Action, or to bring an action seeking only injunctive relief, as expressly set forth above. IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION PROVISION, DO NOT ACTIVATE OR USE THE CARD OR ACCOUNT.

 

E. Judicial Forum for Disputes

In the event that (i) you or we bring an IP Protection Action; (ii) you timely provide Albert with an Arbitration Opt-out Notice; or (iii) this “Dispute Resolution by Binding Arbitration” section is found not to apply, the exclusive jurisdiction and venue of any Dispute will be as set forth above and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You and we both further agree to waive our right to a jury trial.

 

F. WAIVER OF RIGHT TO LITIGATE

Unless you timely provide Albert with an Arbitration Opt-out Notice, YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.

 

G. MASS ACTION WAIVER

The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a mass action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass action or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. The parties agree that the definition of a “Mass Action” includes, but is not limited to, instances in which you or we are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party(ies) within 180 days of the arbitration demand filed on your or any of our behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate. Notwithstanding anything else in this Agreement or this arbitration provision, this Mass Action Waiver does not prevent you or any of us from participating in a mass settlement of claims.

Notwithstanding any provision to the contrary in the applicable arbitration provider’s rules, the arbitrator shall be empowered to determine whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. A party shall raise with the arbitrator or arbitration provider such a dispute within 15 days of its arising. If such a dispute arises before an arbitrator has been appointed, the parties agree that (i) a panel of three arbitrators shall be appointed to resolve only disputes concerning whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Each party shall select one arbitrator from the arbitration provider’s roster to serve as a neutral arbitrator, and these arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree on a third arbitrator, the arbitration provider will select the third arbitrator; (ii) one of us shall pay any administrative fees or costs incidental to the appointment of Arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrators, as well as room rental; (iii) the arbitrators shall issue a written decision with findings of fact and conclusions of law; and (iv) any further arbitration proceedings or assessment of arbitration-related fees shall be stayed pending the arbitrators’ resolution of the parties’ dispute. If the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver, the parties shall have the opportunity to opt out of arbitration within 30 days of the arbitrator’s or panel of arbitrator’s decision. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to Albert, Attn: Albert Corp, 440 N Barranca Ave #3801 Covina, CA 91723 or hand delivery. This written notice must be signed by you, and not any attorney, agent, or other representative of yours. We may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented. For the avoidance of doubt, the ability to opt out of arbitration described in this section only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver.

 

H. NO CLASS ACTIONS

NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS EVEN IF THE DISPUTE OR DISPUTES THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of such parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than all parties to the arbitration, or resolve any Dispute of anyone other than any such party; nor (b) make an award for the benefit of, or against, anyone other than any such party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this specific paragraph, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. If this specific paragraph is held unenforceable in its entirety, then the entirety of this “Dispute Resolution by Binding Arbitration” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution by Binding Arbitration” section will survive any termination of this Agreement.

 

I. Arbitration Rules

The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Arbitration Rules and Procedures then in effect (“JAMS Rules”), except as modified by this “Dispute resolution by binding arbitration” section. In the case of a conflict between the rules and policies of the administrator and this “Dispute resolution by binding arbitration” section, this “Dispute resolution by binding arbitration” section shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. (JAMS Rules are available at https://www.jamsadr.com/adr-rules-procedures/) The Federal Arbitration Act will govern the interpretation and enforcement of this “Dispute resolution by binding arbitration” section.

 

J. Arbitration Process

A party who desires to initiate arbitration must provide all other parties with a written demand for arbitration as described in JAMS Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from JAMS’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the demand for arbitration, then JAMS will appoint the arbitrator in accordance with JAMS Rules. No party may initiate arbitration, however, unless that party has completed the initial dispute resolution process set forth above.

 

K. Arbitration Location and Procedure

Unless you and we otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and we submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by JAMS Rules. Subject to JAMS Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

 

L. Arbitrator’s Decision and Authority

The arbitrator will render an award within the time frame specified in JAMS Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this arbitration provision and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this arbitration provision, including, but not limited to, any assertion that all or any part of this arbitration provision is void or voidable.

 

M. Fees

Each party shall pay its own arbitration in accordance with JAMS Rules. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.

 

N. Appeals

Notwithstanding any language to the contrary in this Agreement, the parties hereby agree: that the initial arbitration award (the “Underlying Award”) may be appealed pursuant to JAMS’s Appeal Procedures (“Appeal Procedures”); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appeal Procedures has expired. Appeals must be initiated within fourteen (14) days of the award becoming final, as set forth in the Appeal Procedures. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.

 

O. Survival, Conflict, Severance

This arbitration provision will survive the termination of any agreement you have with us and any bankruptcy. In the event of any conflict or inconsistency between this arbitration provision, on the one hand, and the administrator’s rules or this Agreement, on the other hand, this arbitration provision will govern. If any part of this arbitration provision is found to be invalid or unenforceable, then that specific part shall be severed, and the rest of this arbitration provision will continue in full force and effect, except that at either your or our election the entire arbitration provision (other than this sentence) may be null and void with respect to any claim asserted on a class, representative or multiple-party basis that does not seek public injunctive relief if the No Class Actions or Mass Action Waiver provisions are held to be invalid with respect to such claim and that determination becomes final after all appeals have been exhausted. If a court decides by means of a final decision, not subject to any further appeal or recourse, that the No Class Actions or Mass Action Waiver provisions are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts. All other disputes shall be arbitrated or litigated in small claims court.

 

P. Changes

Notwithstanding the provisions of Section III(D) above, if we change this “Dispute Resolution by Binding Arbitration” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice (including by email toarbitration@albert.com) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Albert’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Dispute Resolution by Binding Arbitration” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement). By not rejecting any change as set forth in this section, you will be bound by the changed Dispute Resolution by Binding Arbitration Provision for all Disputes whether they accrued or were asserted before or after the effective date of the change.

 

Q. Third-Party Beneficiary

You and Us each acknowledges and agrees that Albert is a third-party beneficiary of the representations, warranties and covenants of this Section III: “Dispute Resolution by Binding Arbitration,” and that Albert is an express third-party beneficiary of this agreement to arbitrate, entitled to enforce the terms hereof as if it were an original party hereto.

 

R. Truth in Savings Disclosure

The Account is not an interest-bearing account. No interest will be paid.

• Minimum Balance Requirements: There is no initial deposit required to open an Account. You may deposit any amount you wish when opening the Account, however, the Account will remain in a new account status until thirty (30) days after the Account has received a posted deposit. See section III(H), labeled “Mobile Deposit Limits and Funds Availability” for additional details.
• Transaction Limitations: Minimum and maximum withdrawal limitations apply. See the section labeled “Cash Access and Transaction Limitations” for full information regarding these limits.

 

IV. Mobile Check Deposit

 

A. Description of Service Generally

Once you have received and activated your Card with your name on it, and if we, in our sole discretion, make mobile check deposit (“Mobile Deposit” or “Mobile Check Deposit”) available to you, you can use Mobile Deposit to capture images of Eligible Checks (as defined below) in compliance with our requirements and applicable law, and then transmit those images and other data to us electronically for deposit to your Account. The check image and associated information transmitted electronically are called collectively the “Check Image.” We may process and collect the Check Images you send us in any manner we choose in our sole discretion. The paper instrument to which the Check Image relates is called the “Original Check.” Checks deposited using Mobile Deposit must be endorsed in the same way it is made payable to you. Albert may in its discretion accept checks jointly payable to you and one or more other person(s) if at least one payee matches the name on the Account and (e.g., tax refunds for jointly filed returns), but only if endorsed by all payees. All checks deposited using Mobile Deposit must include a restrictive endorsement stating “For mobile deposit at Albert only” or as otherwise instructed by Albert. The Bank will then attempt to collect the item by presenting the image or converting the image into a digital representation of the original check (“Substitute Check”). Unlike traditional check deposits, you retain the Original Check when you use Mobile Deposit. See the section “Retention of Original Check” for retention requirements. The way Substitute Checks are cleared, presented for payment and deposited will be determined by the Bank, in our sole discretion.

 

B. Using Mobile Deposit

You agree to: (a) implement any changes or upgrades to Mobile Deposit that we may require; (b) follow our Mobile Deposit instructions for capturing and transmitting Check Images to us; (c) view each Check Image as it is scanned to ensure that the images (front and back) are being captured properly; and (d) if requested, provide us with the Original Checks that are not destroyed and still within your possession (or sufficient copies of the Original Checks) within five business days of our request. A “sufficient copy” of an Original Check is a paper reproduction of an Original Check that accurately represents all of the information on the front and back of the Original Check as of the time the image was transmitted to us by means of Mobile Deposit. You agree not to transfer, deposit, negotiate, or otherwise use any Original Check (or a copy of any Original Check) once we confirm its receipt by us through Mobile Deposit. Once you transmit an Original Check to us, you agree to safeguard the Original Check from access by others. You may use Mobile Deposit only for non-business, personal use in accordance with this Agreement. By transmitting a Check Image to us through the Albert Mobile App, you authorize us to contact you, including via email and the mobile telephone number you have most recently provided us in respect of your Account, regarding any processing issue or collection effort with respect to such Check Image. If warranted, in our reasonable judgment, we reserve the right to monitor your use of Mobile Deposit, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under these Terms and Conditions. Albert, acting as an agent of the Bank, may change, modify, add or remove functionality from Mobile Deposit at any time, with or without notice to you.

 

C. Mobile Deposit Eligibility

Not all new or existing customers are eligible to use Mobile Deposit. We determine your eligibility for Mobile Deposit in our sole discretion based on qualification and enrollment requirements and your qualifying direct deposit history. Albert may suspend or terminate your use of Mobile Deposit at any time and without prior notice to you. We reserve the right to change the qualification and enrollment requirements in our sole discretion at any time without prior notice. We may require you to upload a picture of your driver’s license or other identifying documents prior to using Mobile Deposit.

 

D. Mobile Deposit Technical Requirements

To use Mobile Deposit, you must have an Apple iOS or Android smartphone capable of installing and running the Albert Mobile App (see relevant app store details for specific hardware and OS requirements) that is additionally equipped with a camera capable of taking photos with at least a resolution of 1600 x 1200 pixels (“2 Megapixels”). You are responsible for providing and maintaining the equipment that is necessary for use of Mobile Deposit. We assume no responsibility for any errors, failures, or malfunctions of your mobile device, or for any virus or related problems that may occur in connection with your use of Mobile Deposit.

 

E. Mobile Deposit Availability and Maintenance

Subject to the terms of Section III(H), Mobile Deposit Limits and Funds Availability, Mobile Deposit can be utilized 24 hours a day, seven days a week, except when the system is unavailable due to needed maintenance or system outages. We are not responsible for the unavailability of Mobile Deposit or any damages that may result from its unavailability. NOTICE: YOU AGREE THAT YOUR USE OF MOBILE DEPOSIT AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.

 

F. Security Procedures

You are required to use the online login credentials established for your Card (collectively, “Password”) to access Mobile Deposit. You agree to:

(a) review and comply with the online instructions we provide for using Mobile Deposit; (b) take reasonable steps to safeguard the confidentiality and security of your Password; (c) refrain from disclosing your Password to others; (d) notify us immediately if you have any reason to believe the security or confidentiality required by this provision has been or may be breached; and include immediately change your Password if you know or suspect that the confidentiality of the Password has been compromised in any way. Our security procedure is designed to verify your identity. It is not designed to detect errors by you. We may elect, at our discretion, to verify the authenticity or content of any transmission by placing a call to any owner or authorized user of your Card. We may deny access to Mobile Deposit without prior notice if we are unable to confirm to our satisfaction any person’s authority to access Mobile Deposit or if we believe such action is necessary for security reasons. You agree to be responsible for any transmission or transaction we receive through Mobile Deposit, even if it is not authorized by you, provided it includes your Password or is otherwise processed by us in accordance with our security procedure. Each time you transmit a Check Image to us, you agree that our security procedures are commercially reasonable (based on the normal size, type, and frequency of your transactions).

 

G. Fees

There is no fee for depositing a check via Mobile Deposit. If a check you deposit using Mobile Deposit is returned by the bank upon which it was drawn (for any reason), there is also no fee. Please note that your mobile carrier may charge you for sending and receiving data to upload Check Images using the Albert Mobile App. Please check your mobile service agreement for details on applicable fees.

 

H. Mobile Deposit Limits and Funds Availability

Limits may be imposed on the dollar amount or number of deposits you make through Mobile Deposit. If you attempt to make a deposit in excess of these limits, we may, at our sole discretion, reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. We may change such limits at any time at our discretion. Your Mobile Deposit funds are generally made available as described below. However, Albert may in its sole discretion apply greater or lesser hold times based on the institution on which a check is drawn, the history of any Albert-branded accounts you have, direct deposit history and direct deposit amounts, spending activity and other risk-based factors.

Transaction Type	Dollar Limits	Funds Availability & Hold Times*
Mobile Check Deposit	Maximum of $2,500 per deposit Maximum of $5,000 per day Maximum of 5 checks per day	When you make a Mobile Check Deposit, we will tell you when the funds will be available. Unless your Mobile Deposit is rejected or subject to a “Longer Delay” (see below), funds will be available no later than ten (10) business days after the deposit is processed.

 

 

We may change these limits with notice to you.

Business Days and Cutoff Time

Our Business Days are Monday through Friday excluding federal holidays. Check Images received and accepted for processing prior to 4:00 PM PT on a business day that we are open are considered received as of that day. Otherwise, the Check Images will be considered received on the next business day.

Longer Delays May Apply

Under certain circumstances, a longer hold period may apply before funds deposited by check are available. These circumstances are inclusive of but not exhaustive:

• Albert or the Bank believes a deposited check will not be paid.
• You redeposit a check that has been previously returned unpaid.
• Your Account has had a negative balance anytime in the last six (6) months.
• Albert or the Bank experiences an emergency, such as fire, flood, failure of communication, computer or other equipment, a suspension of payments by another bank, government or regulatory action, or other exigent condition beyond Albert’s or Bank’s control.
• Albert will send an Electronic Notice informing you if your ability to withdraw funds is delayed for any reason, and we will tell you when the funds will be available.

 

I. Prohibited Checks

You may only use Mobile Deposit to scan and transmit Eligible Checks made payable solely to you and which are properly endorsed by you. You agree that we are not obligated to accept for deposit any Check Image we receive and that we, in our discretion, may determine a check to be ineligible for deposit using Mobile Deposit. You agree that you will not scan and attempt to deposit any of the following:

• Checks payable to any person or entity other than you (i.e., third party checks; even if endorsed over to you);
• Checks that are irregular in any way (for example, where the numerical and written amounts are different);
• Checks payable to “Cash” or checks issued by you which are payable to you;
• Checks containing alterations, illegible items, fraudulent checks, or checks that you should have known or have reason to believe were fraudulent;
• Checks that have been previously deposited at another institution via physical item, image or electronic funds transfer;
• Checks from financial institutions located outside of the United States;
• Checks that are not payable in U.S. dollars;
• Checks that are more than six (6) months old (i.e. stale-dated); Checks that are post-dated, or payable on a date in the future;
• Checks that exceed the deposit limits that we establish for Mobile Deposit;
• Substitute Checks as defined by federal law (i.e. a digital reproduction of the front and back of an original check);
• Demand drafts or remotely created checks (a check created by a merchant with a buyer’s Account number on it, but without the original signature of the person authorizing the transaction);
• Travelers checks and savings bonds; Money orders;
• Cashiers or Treasurers checks;
• Non-negotiable instruments, such as promissory notes; or
• Starter checks or counter checks (checks from a teller window; typically without a check number or low check number values).

If we accept at times any of the items described above shall not obligate us to continue that practice, and we may stop doing so without cause or prior notice. Our failure to identify a Check Image you transmit as not being an Eligible Check shall not preclude or limit your obligations to us under this Agreement.

 

J. Eligible Checks

You agree that you will use Mobile Deposit to make deposits to your Account only by transmitting to us Check Images of “Eligible Checks”. Eligible Checks are checks drawn on U.S. domiciled financial institutions in U.S. dollars that are:

• payroll checks;
• insurance agency checks;
• rebate checks;
• stock dividend checks;
• checks issued by a business to you;
• tax refund checks;
• federal, state and municipal government checks; and
• personal checks.
• Eligible Checks must also meet the following criteria:
• the valid MICR number, check number and name of the payer are all commercially imprinted on the Original Check;
• your signature (endorsement) is legibly written in ink on the Original Check along with the words: “For mobile deposit at Albert only” or in any other manner as instructed by Albert (if you are submitting a check made payable to you jointly with one or more person(s) (i.e., made out to “John Doe and Jane Doe”), it must be endorsed by all payees);
• the check is submitted within six months (6) months of the check date;
• the image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association; and
• the check does not contain erasures and was not altered.

 

K. Receipt of Check

Neither Albert nor the Bank is responsible for Check Images not received or dropped during transmission. We may refuse any check for depositing through Mobile Deposit, with or without cause, or may elect to take a check on a collection basis only. If we accept a check on a collection basis, we will not credit your account for the amount of the check until we receive the funds from the other institution. If we elect to credit your account before then, we will charge the amount back against your account if we do not receive payment for any reason. We may, at our sole discretion, represent any check that has been returned to us for insufficient funds without notice to you. A Check Image will be deemed received only when Albert provides you with Electronic Notice confirming receipt of the Check Image. After receipt of your Check Image is confirmed, the Check Image will be subject to review before it is submitted for deposit and may still be rejected for any reason at the discretion of Albert and the Bank. An Electronic Notice confirmation is not a representation, warranty or other indication that the Check Image will be presented for deposit or will be honored by any collecting or paying bank. If Albert or the Bank rejects a Check Image received through the Mobile Deposit feature, you may contact the individual or company who issued the check, to request a new or reissued check be provided to you. If you do submit the Original Check for processing, Albert and the Bank reserves the right to refuse to process it and may instead require you to have the check reissued.

 

L. Retention of Original Check

Once the funds from the Check Image have been credited to your Account, you must mark the original check as “VOID” and retain it for sixty (60) days. You may not present the Original Check, or any Substitute Check created from the Original Check for payment at any other financial institution. During this sixty (60) day period, you must store the Original Check securely using precautions at least as secure as those you would use to protect a blank check. You must make the Original Check available to Albert or the Bank for review at any time during this sixty (60) day period as necessary to facilitate the clearing and deposit process, to address third-party claims or for our own audit purposes. Should you fail to produce the Original Check, you authorize Albert or the Bank to deduct the amount of the check in question from your Account, regardless of whether such action may cause your Account to not have sufficient funds. Immediately after this sixty (60) day period, you must securely and thoroughly destroy the Original Check.

 

M. Endorsements

You agree to ensure that all Eligible Checks transmitted through Mobile Deposit are made payable to you; and endorsed on the back with your signature and the words “For mobile deposit at Albert only” or as otherwise instructed by Albert. Any endorsement must be placed in the one-inch area starting at the left side on the back of an item and the remaining area on the back of the item may not contain any preprinted, stamped or handwritten information. Check Images we receive that are not endorsed in accordance with this provision may be rejected.

 

N. Termination or Suspension of Mobile Deposit and Account

We reserve the right to suspend or terminate Mobile Deposit at any time without notice to you. We may suspend or terminate your use of Mobile Deposit at any time, with or without cause in our sole discretion. Any termination will not affect obligations arising prior to termination, such as the obligation to process Check Images transmitted to us prior to the termination date or your obligation to indemnify us. If you violate the terms of Mobile Deposit, such actions may be used as a basis to terminate your Account.

 

O. Your Representations and Warranties

• You represent and warrant the following with respect to each Check Image that you transmit through Mobile Deposit:
• You have the legal right to accept the Original Check for negotiation and depositing to your Account, and the Check Image is of an Eligible Check.
• The Check Image that you transmit accurately represents all of the information on the front and back of the Original Check, including (without limitation) all endorsements, amounts, signatures required for their negotiation and endorsement, etc. at the time of transmission.
• You are using Mobile Deposit only for your own deposits and have not allowed the use of the service for the benefit of any third party.
• If you are depositing a check payable to you jointly, that each other payee has voluntarily and personally endorsed the original check and authorized you to deposit the funds into your Albert Account.
• You have possession of each Original Check deposited using Mobile Deposit.
• The information you provided for your Account remains true and accurate; and, in the event any such information changes, you will immediately notify us of the change.
• You make all warranties that would otherwise apply to the Original Check if it had been a paper item deposited with us. For example, you warrant that the Original Check has not been altered and that you have a right to enforce the Original Check (i.e. the Original Check was authorized by the drawer in the amount stated on the Original Check and to the payee stated on the Original Check).
• You make all encoding, transfer, presentment, and other warranties that we or any correspondent bank we use are deemed to provide to others (e.g., as a reconverting bank) under any law, regulation, operating circular, clearinghouse rule, or image exchange network rule or agreement to which we or they are a party.
• No Original Check will be presented for deposit or payment more than once. 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.
• The Original Check is an Eligible Check.
• You will only use Mobile Deposit for lawful purposes and in compliance with the online instructions and all applicable rules, law and regulations.
• You will not submit files or images containing malicious code, viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
• You have communicated material information to us.

 

P. Returned Deposits

Any credit to your account for checks deposited using Mobile Deposit is provisional. If a check deposited through Mobile Deposit is dishonored, rejected or otherwise returned unpaid by the drawee bank, or is rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that we may charge back the amount of the Original Check and send you notification of the return. You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely. If the maker of a check or another third party makes a claim against us or seeks a re-credit with respect to any check processed through Mobile Deposit, we may provisionally freeze or hold aside a like amount in your account pending our investigation and resolution of the claim.

 

Q. Limitation of Liability

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF MOBILE DEPOSIT, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.

 

R. Indemnification

You will indemnify and hold us harmless against any and all actions, proceedings, liabilities, losses, costs (including attorneys’ fees), penalties, fines, and claims, including (without limitation) warranty claims, that result from or arise in connection with: (a) our processing of Check Images in accordance with this Agreement; (b) your actions or omissions, including your breach of any representation or warranty, or failure to comply with this Agreement; (c) any misuse of Mobile Deposit by you; (d) your failure to comply with applicable state and federal laws and regulations; (e) actions by third parties, such as the introduction of a virus, that delay, alter, or corrupt the transmission of Check Images or information to us; or (f) any claim by a recipient of a substitute check (corresponding to a check processed through Mobile Deposit) that the recipient incurred a loss due to (i) the receipt of a substitute check instead of the Original Check, or (ii) multiple payments with respect to the same Original Check, based on any combination of the Original Check, the substitute check, and/or any paper or electronic copy of either.

 

S. Use of Your Geolocation

When you are submitting an image for processing through Mobile Deposit or using the “Find ATMs” feature, we reserve the right to, at our discretion, to use your mobile device’s capabilities to obtain your geolocation to provide the services and for fraud prevention services. We may choose to capture either your current location or the last location stored on your mobile device.

 

V. Fee Schedule

All fee amounts will be withdrawn from your Account and will be assessed as long as there is a remaining balance in your Account (except where prohibited by law. Any time your remaining balance is less than the fee amount being assessed, the balance of your Account will be applied to the fee amount resulting in a zero balance on your Account).

Fee Description	Fee Amount and Frequency
In-Network ATM Withdrawal (To be eligible for “In-network” withdrawals, you must have an active Albert Genius or higher level subscription and withdraw from the Allpoint ATM network)	$0
Out-of-Network ATM Withdrawal (“Out-of-network” refers to non-Albert Genius or higher level subscribers and all ATMs outside of the Allpoint ATM Network. This is our fee. You may also be charged a fee by the ATM operator, even if you do not complete a transaction.)	$3.50 (per transaction)
International ATM Withdrawal (“International” refers to ATMs outside of the United States (including territories such as Puerto Rico.)	$3.50 (per transaction)
Fast transfer fee (“Fast transfer” is an optional feature to send funds from your Albert Cash account to a linked external account. Transfers are typically completed within seconds but may take longer.)	$4.99

 

VI. General Funds Availability

Information contained in this section is provided to assist you in understanding our Funds Availability Policy. All deposits into accounts opened through the Bank are processed at a Bank processing facility. This policy does not apply to checks deposited through the Mobile Deposit feature. For Mobile Deposit Funds availability, see Section IV(H), Mobile Deposit Limits and Funds Availability.

We make funds available according to the type of deposit and when the funds are applied or credited to your Account. Some types of deposits may not be available for immediate use. When we delay the availability of funds or place a hold on a deposit made to your Account, you may not withdraw those funds, and we will not use them to pay any debits, such as ACH transfers or payments, mobile check deposits, or transactions using your Card during the hold period. We have the right to refuse any deposit.

If final payment is not received on any item you have deposited into your Account, or if any direct deposit, ACH transfer credit is returned to us for any reason, you agree to pay us the amount of the returned item.

Availability
The length of the delay in the availability of funds varies depending on the type of deposit.

Business Days
The length of the delay in the availability of funds is counted in business days from the day your deposit is applied to your Account. For purposes of these disclosures, our business days are Monday through Friday. Federal holidays are not included. Deposits received by 12:00PM Eastern Time will be considered current-day deposits. Any deposits received after that time will be processed the following business day.

Next Day Availability
Funds received from preauthorized electronic payments such as payroll direct deposits, or other preauthorized electronic payments will be available by the next business day the deposit is applied to your Account. ACH Credits received from an external bank account will be applied to the Account when we have verified the external account and received payment on collected funds. Once the funds are applied to the Account, if received on a business day, we will attempt same day availability but they will be available no later than the next day.

Longer Availability
Electronic transfers depositing into the Account initiated through the Albert Mobile App or Website may take up to six (6) business days from the date of processing.