Cardholder Agreement 

IMPORTANT - PLEASE READ CAREFULLY



1. Terms and Conditions for the Prepaid MasterCard®. This document constitutes the agreement (“Agreement”) outlining the terms and conditions under which the Card has been issued to you by  Metropolitan Commercial Bank (Member FDIC) pursuant to a license from Mastercard International, Inc. “Metropolitan Commercial Bank” and “Metropolitan” are registered trademarks of Metropolitan Commercial Bank © 2014. By accepting and/or using this Card, you agree to be bound by the terms and conditions contained in this Agreement. The “Program Manager” for the Card is FirstView, LLC and the Customer Service telephone numbers is 1-866-621-9583 or see the toll free telephone number on the back of your Card. In this Agreement, "Card" means the Mastercard issued to you by Metropolitan Commercial Bank. “Card Account” means the records we maintain to account for the value of transactions associated with the card. "You" and "your" means the person or persons who have received the Card and who are authorized to use the Card as provided for in this Agreement. "We," "us," and "our" mean Metropolitan Commercial Bank, our successors, affiliates or assignees. The Card will remain the property of Metropolitan Commercial Bank and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. Please read this Agreement carefully and keep it for future reference.    

2. Description of the Card. The Card is provided to you as part of a program sponsored by the Sponsor. The Card is a prepaid card loaded by the Sponsor with a specific amount of funds. The initial value of the Card is stated in the materials provided to you with the Card. You may not add more funds to the Card.   

3. Schedule of Fees. There are no fees charged to you when using the Card to purchase goods and services. All fee amounts will be withdrawn from your Card and will be assessed as long as there is a remaining balance on your Card, except where prohibited by law. Any time your remaining Card Account balance is less than the fee amount being assessed, the balance of your Card Account will be applied to the fee amount resulting in a zero (0) balance on your Card Account.      

Inactivity   Fee   $3.95 per month beginning with the twelfth (12th)   month (May 2018) will be applied to the remaining balance except where   otherwise required to comply with or prohibited by, applicable law. This fee will not be charged once the   balance on the Card reaches $0.00      

4. Using the Card and Limitations. The Card is a prepaid card. Subject to the limitations set forth in this Agreement, you may use the Card to purchase goods and services anywhere MasterCard debit cards are accepted. The Card can only be used for signature purchase transactions. The Card cannot be used to obtain cash from an automated teller machine (ATM). This Card is NOT a credit card, nor is the Card connected in any way to any deposit or other account. The funds on this card are FDIC insured. The Card cannot be used for illegal transactions or on-line gambling activity. If you use the Card number without presenting the Card (such as for a mail order, Internet or telephone 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 on the Card. You do not have the right to stop payment on any transaction made with the Card.   You are responsible for all transactions initiated by use of the Card. If you permit someone else to use the Card we will treat this as if you have authorized such use and you will be responsible for any transactions made subject to such use. Each time you use the Card, you authorize us to deduct the amount of the transaction plus any related fees from the funds available on the Card. YOU ARE NOT ALLOWED TO EXCEED THE BALANCE OF THE FUNDS AVAILABLE ON THE CARD. If you wish to use the Card for a purchase which is greater than the balance of the funds available on the Card, you must tell the merchant to charge only the exact amount of available funds to the Card and then you must arrange to pay the difference using another payment method. These are called “split transactions.” The merchant may require payment for the difference in cash rather than accepting another card, such as a credit or debit card. Some merchants may not accept split transactions. If you fail to inform the merchant prior to completing the transaction, the Card is likely to be declined.   When you use the Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and the merchant may estimate its final value. When we authorize a purchase transaction, we commit to make the requested funds available when the transaction finally settles and will place a temporary hold on the Card’s funds for the amount indicated by the merchant. 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. Car rentals, hotels and other service‑oriented merchants may choose to factor in additional amounts upon check-in, and it may take up to sixty (60) days after your stay or your rental to have any excess amounts held by the hotel or rental company added back to your available balance. Similarly, some gas stations may factor in additional amounts to cover potential filling of the tank; if you want to avoid such a hold, you may want to pay inside the gas station, instead of paying at the pump. Until the transaction finally settles, the funds subject to the hold will not be available to you for other purposes. We will only charge the Card for the correct amount of the final transaction, and we will release any excess amount when the transaction finally settles.   When you use the Card at certain restaurants and service-oriented merchants, there may be an additional 20% (or more) added to the authorization to cover any tip you may leave on the purchase. If this occurs, and your total bill, after adding in the additional 20% (or more), exceeds the amount available on the Card, your transactions may be declined. Accordingly, you should ensure that the Card has an available balance that is 20% (or more) greater than your total bill prior to using the Card.   

5. Expiration of the Card and Funds. The Card has a “VALID THRU” expiration date embossed on the front of the Card. Once this expiration date has passed, the Card will be voided and will not be replaced except in our sole discretion as provided below. All funds on the Card expire on the expiration date shown on the Card. If you do not spend all the funds on the Card prior to this expiration date, the remaining funds will not be available to you and will be returned to the Sponsor. You have no right to the funds except to use them for authorized prior to the expiration date of the Card.    

6. Returns and Refunds. If you are entitled to a refund for any reason for goods or services obtained with the Card, you agree to accept credits to the Card for such refunds. The amounts credited to the Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.   

7. Foreign Transactions. You are not permitted to use your Card for transactions outside the United States or transactions in a currency other than U.S. dollars.  These transactions will be declined.  

 8. Receipts. You should get a receipt at the time you make a transaction using the Card. You agree to retain your receipt to verify your transactions.   

9. Our Liability for Failure to Complete Transactions. We shall have no liability to you if we are unable to complete a transaction for reasons beyond our control. In no event shall we be liable to you for any indirect, consequential, exemplary or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages. You agree that your recovery for any alleged negligence or misconduct by us shall be limited to the initial value of the Card. This provision shall not be effective to the extent prohibited by law.    

10. Unauthorized Transfers, Loss or Theft. You should protect the Card against theft with the same level of care that you use to protect the cash in your wallet. We cannot prevent the unauthorized use of the Card by others and cannot replace funds used by any unauthorized user. THE CARD CANNOT BE REPLACED IF IT IS LOST, STOLEN, OR DAMAGED.    

11. Obtaining the Balance on the Card. You are responsible for keeping track of the available balance on the Card. Merchants generally will not be able to determine the available balance. You can also retrieve the balance by calling the number on the back of your card.    

12. No Warranty Regarding Goods and Services or Uninterrupted Use. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with the Card. All such disputes should be addressed to the merchants from whom the goods and services were purchased. From time to time the Card service may be inoperative, and when this happens, you may be unable to use the Card or obtain information about your balance. Please notify us if you have any problems using the Card. You agree that we are not responsible for any interruption of service.  

13. Other Terms. Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules 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, whether local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement shall be governed by the law of the State of New York except to the extent preempted or governed by federal law.   

14. Confidentiality. We may disclose information to third parties about your Card or the transactions you make using your Card: (1) Where it is necessary for completing transactions; (2) In order to verify the existence and condition of your Card for a third party, such as a merchant; (3) In order to comply with government agency, court order, or other legal reporting requirements; (4) If you give us your written permission; (5) To our employees, auditors, affiliates, service providers, or attorneys as needed; and (6) as otherwise provided in our Privacy Policy Notice below.   

15. Telephone Monitoring/Recording. From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.     

16. Amendment and Cancellation. We may amend or change the terms and conditions of this Agreement at any time. 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 Card or this Agreement at any time. You also may cancel this Agreement by returning the Card to us or by calling customer service at the number on the back of your Card. If your Card is cancelled by you or us when the Card has a balance, we will send you that amount by sending you a check at that address we have for you in our records. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.    

Metropolitan Commercial Bank Privacy Policy Notice:      

FACTS    WHAT DOES Metropolitan Commercial Bank DO WITH YOUR   PERSONAL INFORMATION?      Why?    Financial companies   choose how they share your personal information. Federal law gives consumers   the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and   protect your personal information. Please read this notice carefully to understand what we do.      What?    The types of   personal information we collect and share depend on the product or service   you have with us. This information can include:      · Identification   Information · Account   Balances · Transaction   History   · Account   Transactions · Checking   Account Information · Wire   Transfer Instructions     When you are no longer our customer, we continue   to share your information as described in this notice.     How?    All financial   companies need to share customers' personal information to run their everyday   business. In the section below, we list the reasons financial companies can   share their customers' personal information; the reasons Metropolitan   Commercial Bank chooses to share; and whether you can limit this sharing.      Reasons we can share your personal information    Does Metropolitan Commercial Bank share?   Can you limit this sharing?      For our everyday business purposes such as to process your transactions,   maintain your account(s), respond to court orders and legal investigations,   or report to credit bureaus    Yes   No     For our marketing purposes to offer our products and services to you    Yes   No     For joint marketing with other financial companies    Yes   No     For our affiliates' everyday business purposes information about   your transactions and experiences    No   We   don't share     For our affiliates' everyday business purposes information about   your creditworthiness    No   We   don't share     For non-affiliates to market to you    No   We   don't share     Questions?    Call 1-866-363-8226 or   visit www.metropolitanbankny.com     

What We Do      How does Metropolitan Commercial Bank protect my personal information?    To protect your   personal information from unauthorized access and use, we use security   measures that comply with federal law. These measures include computer   safeguards and secured files and buildings. We also maintain other physical,   electronic and procedural safeguards to protect this information and we limit   access to information to those employees for whom access is appropriate.      How does Metropolitan Commercial Bank collect my personal information?    We collect   your personal information, for example, when you     · Open   an account · Apply   for financing · Show   your driver’s license   · Provide   account information · Give   us your contact information     We also   collect your personal information from others, such as credit bureaus,   affiliates or other companies     Why can't I limit all sharing?    Federal law   gives you the right to limit only:   · sharing for affiliates' everyday   business purposes - information about your credit worthiness  · affiliates from using your   information to market to you  · sharing for non-affiliates to market   to you    State laws   and individual companies may give you additional rights to limit sharing.      Definitions      Affiliates    Companies   related by common ownership or control. They can be financial and   non-financial companies. Metropolitan   Commercial Bank does not share with our Affiliates so they can market to you.        Non-affiliates    Companies not   related by common ownership or control. They can be financial and   non-financial companies. Metropolitan Commercial Bank does not share with   non-affiliates so they can market to you.      Joint Marketing    A formal   agreement between non-affiliated financial companies that together market   financial products or services to you. Our joint marketing partners   include credit card account companies.                    Other Important Information       For   Alaska, Illinois, Maryland and North Dakota Customers. We will not share personal information with nonaffiliates either for   them to market to you or for joint marketing – without your authorization. For   California Customers. We will not share personal information with   nonaffiliates either for them to market to you or for joint marketing –   without your authorization. We will also limit our sharing of personal   information about you with our affiliates to comply with all California   privacy laws that apply to us. For   Massachusetts, Mississippi and New Jersey Customers. We will not share personal information from deposit or share   relationships with nonaffiliates either for them to market to you or for   joint marketing – without your authorization. For   Texas Customers. If you have a complaint, first contact the   customer service division of Metropolitan Commercial Bank at 1-866-363-8226. If you still have an unresolved complaint regarding the company’s money   transmission activity, please direct your complaint to Texas Department of   Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554   (toll free), www.dob.texas.gov. For   Vermont Customers. We will not share personal information with   nonaffiliates either for them to market to you or for joint marketing without   your authorization, and we will not share personal information with   affiliates about your creditworthiness without your authorization.                                                    {�8V�1�w��