Common use of Our Liability for Failure to Complete Clause in Contracts

Our Liability for Failure to Complete. a Transaction If we do not complete a Transaction or Load on your Card on time or in the correct amount, according to this Agreement with you, we will be liable for your losses or damages, to the extent required by law. There are some circumstances where we will not be liable. We will not be liable, for instance: • If, through no fault of ours, your Card funds are insufficient for the transaction or are unavailable for withdrawal (for example, because there is a hold on your funds or your funds are subject to legal process). • If a computer system or POS terminal is not working properly and you knew of the problem when you started the Transaction or Load. • If a merchant refuses to honor your Card. • If circumstances beyond our control (such as an Act of God, fire or other catastrophe, or an electrical or computer failure) prevent the Transaction or Load, despite reasonable precautions that we have taken. • If any failure or malfunction is attributable to your equipment, to merchant, or to any service or payment system. • If you attempt to use a Card that has not been properly activated. • If an employee of a load network did not properly transmit information to us. • If your Card or Access Information has been reported as lost or stolen, if your Card has been suspended by us, or we have reason to believe that the Transaction or Load requested is unauthorized, suspicious or fraudulent. • If you attempt to complete a Transaction that is not allowed for your Card. • If you attempt to complete a Transaction contrary to the terms and conditions in this Agreement. There may be other reasons stated in this Agreement.

Our Liability for Failure to Complete. a Transaction If we do not complete a Transaction or Load on your Card on time or in the correct amount, according to this Agreement with you, we will be liable for your losses or damages, to the extent required by law. There are some circumstances where we will not be liable. We will not be liable, for instance: •  If, through no fault of ours, your Card funds are insufficient for the transaction or are unavailable for withdrawal (for example, because there is a hold on your funds or your funds are subject to legal process). •  If the ATM where you are making the Transfer does not have enough cash.  If a computer system system, ATM, or POS terminal is not working properly and you knew of the problem when you started the Transaction or Load. •  If a merchant Merchant refuses to honor your Card. •  If circumstances beyond our control (such as an Act of God, fire or other catastrophe, or an electrical or computer failure) prevent the Transaction or Load, despite reasonable precautions that we have taken. •  If any failure or malfunction is attributable to your equipment, to merchantmerchant or ATM equipment, or to any service or payment system. •  If you attempt to use a Card that has not been properly activated. •  If an employee of a load network did not properly transmit information to us. •  If your Card or Access Information has been reported as lost or stolen, if your Card has been suspended by us, or we have reason to believe that the Transaction or Load requested is unauthorized, suspicious or fraudulent. •  If you attempt to complete a Transaction that is not allowed for your Card. •  If you attempt to complete a Transaction contrary to the terms and conditions in this Agreement. There may be other reasons stated in this Agreement.

Our Liability for Failure to Complete. a Transaction If we do not complete a Transaction or Load on your Card on time or in the correct amount, according to this Agreement with you, we will be liable for your losses or damages, to the extent required by law. There are some circumstances where we will not be liable. We will not be liable, for instance: •  If, through no fault of ours, your Card funds are insufficient for the transaction or are unavailable for withdrawal (for example, because there is a hold on your funds or your funds are subject to legal process). •  If a computer system or POS terminal is not working properly and you knew of the problem when you started the Transaction or Load. •  If a merchant refuses to honor your Card. •  If circumstances beyond our control (such as an Act of God, fire or other catastrophe, or an electrical or computer failure) prevent the Transaction or Load, despite reasonable precautions that we have taken. •  If any failure or malfunction is attributable to your equipment, to merchant, or to any service or payment system. •  If you attempt to use a Card that has not been properly activated. •  If an employee of a load network did not properly transmit information to us. •  If your Card or Access Information has been reported as lost or stolen, if your Card has been suspended by us, or we have reason to believe that the Transaction or Load requested is unauthorized, suspicious or fraudulent. •  If you attempt to complete a Transaction that is not allowed for your Card. •  If you attempt to complete a Transaction contrary to the terms and conditions in this Agreement. There may be other reasons stated in this Agreement.

Our Liability for Failure to Complete. a Transaction If we do not complete a Transaction or Load on your Card on time or in the correct amount, according to this Agreement with you, we will be liable for your losses or damages, to the extent required by law. There are some circumstances where we will not be liable. We will not be liable, for instance: • If, through no fault of ours, your Card funds are insufficient for the transaction or are unavailable for withdrawal (for example, because there is a hold on your funds or your funds are subject to legal process). • If the ATM where you are making the Transfer does not have enough cash. • If a computer system system, ATM, or POS terminal is not working properly and you knew of the problem when you started the Transaction or Load. • If a merchant refuses to honor your Card. • If circumstances beyond our control (such as an Act of God, fire or other catastrophe, or an electrical or computer failure) prevent the Transaction or Load, despite reasonable precautions that we have taken. • If any failure or malfunction is attributable to your equipment, to merchantmerchant or ATM equipment, or to any service or payment system. • If you attempt to use a Card that has not been properly activated. • If an employee of a load network did not properly transmit information to us. • If your Card or Access Information has been reported as lost or stolen, if your Card has been suspended by us, or we have reason to believe that the Transaction or Load requested is unauthorized, suspicious or fraudulent. • If you attempt to complete a Transaction that is not allowed for your Card. • If you attempt to complete a Transaction contrary to the terms and conditions in this Agreement. There may be other reasons stated in this Agreement.

Our Liability for Failure to Complete. a Transaction If we do not complete a Transaction or Load on your Card on time or in the correct amount, according to this Agreement with you, we will be liable for your losses or damages, to the extent required by law. There are some circumstances where we will not be liable. We will not be liable, for instance: • If, through no fault of ours, your Card funds are insufficient for the transaction or are unavailable for withdrawal (for example, because there is a hold on your funds or your funds are subject to legal process). • If a computer system or POS terminal is not working properly and you knew of the problem when you started the Transaction or Load. • If a merchant refuses to honor your Card. • If circumstances beyond our control (such as an Act of God, fire or other catastrophe, or an electrical or computer failure) prevent the Transaction or Load, despite reasonable precautions that we have taken. • If any failure or malfunction is attributable to your equipment, to merchant, or to any service or payment system. • If you attempt to use a Card that has not been properly activated. • If an employee of a load network did not properly transmit information to us. • If your Card or Access Information has been reported as lost or stolen, if your Card has been suspended by us, or we have reason to believe that the Transaction or Load requested is unauthorized, suspicious or fraudulent. • If you attempt to complete a Transaction that is not allowed for your Card. • If you attempt to complete a Transaction contrary to the terms and conditions in this Agreement. There may be other reasons stated in this Agreement. Suspicious, Fraudulent or Unlawful Conduct We may report suspicious, fraudulent, or unlawful conduct to law enforcement authority. We may withhold any amount we reasonably believe that you owe as a result of any wrongful conduct in connection with your Card or your use of our website. Privacy We may disclose information to third parties about your Card or the Transactions or Loads you make: • Where it is necessary for completing Transactions or Loads. • In order to verify the existence and condition or your Card for a third party, such as a consumer reporting agency or merchant. • In order to comply with government agency or court orders. • If you give us your written permission. • As described in our Privacy Policy. A copy of our Privacy Policy follows the provision of this Agreement. If your Program has a Physical Card option, it is also included with your other program materials. Limitation of Our Liability We, our affiliates and the parties with which we contract to offer the Card are not responsible or liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to your Card, your use (or misuse) of the Card, our website, or any products or services purchased using your Card. However, this limitation does not apply to our liability as described in the section titled “Our Liability for Failure to Complete a Transaction,” or as limited by applicable law. No Warranty of Availability or Uninterrupted Use. From time to time, services related to the Card may be inoperative. When this happens, you may be unable to use your Card or obtain information about your Card. Please notify us if you have any problems using your Card. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts. Disclaimer of Warranties EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE Changes to This Agreement We may add to, delete, or change any of the terms of this Agreement, including the Disclosures, at any time. This means that we may add or increase fees at any time. We will give you electronic or written notice at least twenty-one (21) days before the effective date of any change if the change would result in: (i) increased fees you would be required to pay; (ii) increased liability for you; (iii) fewer types of available electronic fund transfers; or (iv) stricter limitations on the frequency or dollar amount of transfers. Advance notice may not be given, however, if we need to make the change immediately in order to maintain or restore the security of your Card or any related payment system. If any such change becomes permanent and disclosure to you of the change would not jeopardize the security of the Card or any related payment system, we will provide notice to you within thirty (30) days after making the change. This is the only manner in which changes may be made. Changes to Transaction Limits We reserve the right to modify the Transaction Limits from time to time. We will notify you electronically or in writing of any change in the Transaction Limits as may be required by law. For security purposes, we may impose additional Transaction Limits on your Card and you will be advised of such limitations to the extent required by applicable law. Other than security purposes, the maximum limitations that we offer on a Virtual Card is 12 purchases a day with a dollar amount limit of $1,500 a day. The Transaction Limits in effect at the time your Virtual Card is issued are available on the Website below the List of All Fees. Termination and Other Remedies We, in our sole discretion, may terminate this Agreement, your Card, access to your Card, or your access to our website, at any time and for any reason. We will provide you any notice required by law. We may set off the amount of any outstanding fees or payments due to us, and any negative balance created by a Transaction that exceeds the amount of money on your Card, including from Loads that are subsequently added to your Card. Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, place a hold on money on your Card, limit funding sources and payments, limit access to your Card and any or all of the Card's functions, limit Transactions or fail to process Transactions, indefinitely suspend your Card and refuse to provide our services to you if: (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your activities pose a significant credit, fraud or money laundering risk; or (d) we believe that your actions may cause financial loss or legal liability for you, us or others. The rights described in this section are in addition to and apart from any other rights. Resolving Dissatisfaction We aim to provide you with a positive cardholder experience and endeavor to resolve any cardholder issues in a thorough and satisfactory manner. If you have any dissatisfaction or complaint with any aspect of our services to you please contact our Customer Service Department by calling or writing, or at our website. Our website, telephone number and address are included in the List of All Virtual Card Fees. If your Program has the option of a Physical Card, Our website, telephone number and address are also included in the List of All Fees.