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Coinbase CHA October 14 2024

The Coinbase Card has no fees for card purchases, monthly usage, card transactions, ATM withdrawals, and customer service inquiries. Funds are insured by the FDIC up to $250,000, and the card is intended for personal use only, with specific limits on loading, spending, and withdrawals. Users must monitor their account balance and report any unauthorized transactions promptly to limit potential losses.

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donnab1770
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0% found this document useful (0 votes)
45 views11 pages

Coinbase CHA October 14 2024

The Coinbase Card has no fees for card purchases, monthly usage, card transactions, ATM withdrawals, and customer service inquiries. Funds are insured by the FDIC up to $250,000, and the card is intended for personal use only, with specific limits on loading, spending, and withdrawals. Users must monitor their account balance and report any unauthorized transactions promptly to limit potential losses.

Uploaded by

donnab1770
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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List of all fees (“Long Form”) for

Coinbase Card

All fees Amount Details

Get Started

Card purchase $0

Monthly usage

Monthly fee $0

Add money

Funding from Coinbase Wallet $0

Spend money

Card Transactions $0 No fee for Card Transactions.

Card Transactions with Coinbase $0 No fee for converting funds from your Coinbase Wallet account.
Wallet Currency Conversion Funds from your preferred spending currency of your Coinbase
Wallet are converted to U.S. dollars at the prevailing trading rate
on Coinbase’s trading platform.

Get cash

ATM withdrawal $0 No fee for ATM withdrawals. However, you may be charged a fee
by the ATM operator.

ATM Withdrawal with Coinbase $0 No fee for ATM withdrawals. However, you may be charged a fee
Wallet Currency Conversion by the ATM operator. Funds from your preferred spending
currency of your Coinbase Wallet are converted to U.S. dollars at
the prevailing trading rate on Coinbase’s trading platform.

Information

Customer service
$0
(automated or live agent)

ATM balance inquiry $0 You may be charged a fee by the ATM operator.

Using your Card outside the U.S.

International transactions $0
You may be charged a fee by the ATM operator, even if you do
International ATM withdrawal $0 not complete a transaction.

International ATM balance $0 You may be charged a fee by the ATM operator.
inquiry

Your funds are eligible for deposit insurance up to the applicable limits by the Federal Deposit Insurance Corporation
(“FDIC”). Your funds will be held at Pathward, N.A. or placed by Pathward as custodian at one or more participating
FDIC-insured banks (each a “Program Bank”). In the event the FDIC were to be appointed as a receiver for Pathward or a
Program Bank, your funds, aggregated with any other funds you have on deposit at such institution, would be eligible to be
insured up to $250,000 for each legal category of account ownership, subject to compliance with FDIC deposit insurance
requirements. You are responsible for monitoring the total amount of all direct or indirect deposits held by you or for you with
Pathward and the Program Banks for purposes of monitoring the amount of your funds eligible for coverage by FDIC
insurance. To assist with calculating your FDIC deposit insurance coverage, the FDIC has an Electronic Deposit Insurance
Estimator available at https://edie.fdic.gov. For more information, see also https://www.fdic.gov/deposit/deposits/prepaid.html.
No overdraft/credit feature.
Contact Coinbase Customer Service by calling 1-888-908-7930, by mail at 248 3rd St, #434 Oakland, CA 94607, by email at
[email protected] or visiting https://help.coinbase.com/en/contact-us.
For general information about prepaid accounts, visit cfpb.gov/prepaid. If you have a complaint about a prepaid account, call
the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.

Coinbase Card
Cardholder Agreement

CUSTOMER SERVICE CONTACT INFORMATION:


Address: 248 3rd St, #434 Oakland, CA 94607
Website: https://help.coinbase.com/en/contact-us
Support Email: [email protected]
Phone Number: 1-888-908-7930

IMPORTANT NOTICES:
(1) PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE REQUIRING ALL
CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.
(2) ALWAYS KNOW THE EXACT DOLLAR AMOUNT AVAILABLE IN YOUR COINBASE WALLET TO BE
TRANSFERRED TO THE CARD FOR PURCHASE TRANSACTIONS AND ATM WITHDRAWALS. MERCHANTS MAY
NOT HAVE ACCESS TO DETERMINE THE CARD BALANCE.
(3) BY ACCEPTING, SIGNING, OR USING THIS CARD, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS CONTAINED IN THIS AGREEMENT.
(4) BY USING THIS CARD, YOU ARE ALSO AGREEING TO PATHWARD’S PRIVACY POLICY (ATTACHED).
PROGRAM MANAGERS MAY HAVE DIFFERENT PRIVACY PRACTICES, SO IT IS IMPORTANT YOU REVIEW THEIR
POLICY AS WELL, IF APPLICABLE.

This Cardholder Agreement (“Agreement”) sets forth the terms and conditions under which the Coinbase Card (“Card”) has
been issued to you by Pathward, National Association. "You" and "your" means the person or persons who have received and
are authorized to use the Card as provided for in this Agreement. "We," "us," and "our" mean collectively, Pathward, a federally
chartered bank, Member FDIC, and its divisions or assignees, and also includes, unless otherwise indicated, our Program
Manager. “Program Manager” refers to Marqeta, Inc, who performs certain services related to your Card on Pathward’s behalf.
“Coinbase” refers to Coinbase Inc. “Coinbase App” means the mobile application made available to you by us or our service
provider through which you may obtain information regarding, and otherwise manage, your Card account and your Coinbase
Wallet. Message and data charges may apply from your wireless service provider when using the Coinbase App. The Card is
nontransferable, and it may be canceled at any time without prior notice subject to applicable law. Please read this Agreement
carefully and keep it for future reference. Your full schedule of fees imposed by Pathward, otherwise known as the “Long Form,”
is attached to and considered part of this Agreement.

1. ABOUT YOUR CARD


Your Card is a prepaid card, which allows you to access funds loaded to your Card account. You should treat your Card with
the same care as you would treat cash. We encourage you to sign your Card when you receive it. This Card is intended for
personal, family, or household use and not intended for business purposes. Your Card account does not constitute a checking
or savings account. The Card is not a gift card, nor is it intended to be used for gifting purposes. The Card is not a credit card.
You will not receive any interest on the funds in your Card account. We may close your Card or refuse to process any
transaction that we believe may violate the terms of this Agreement or represents illegal or fraudulent activity. You are
responsible for notifying us immediately upon any change to your address, phone number, or email address. If your address
changes to a non-US address, we may cancel your Card and return funds to you in accordance with this Agreement.

Pathward, N.A. will act as custodian of your funds upon its receipt of your funds. Once your Card is activated, you will be able
to provide Pathward, as custodian, with instructions about the funds accessible through the Card. Activation of the Card
authorizes us to hold your funds at Pathward or as custodian to place your funds at one or more participating FDIC-insured
banks (each a “Program Bank”). Visit www.pathwardprogrambanks.com to find the most up-to-date list of Program Banks. If
you do not agree to your funds being held by us at Pathward or placed by Pathward as custodian at other Program Banks,
please immediately transfer or spend all the funds on your Card. For more information on FDIC deposit insurance limits and
related conditions, please refer to the Long Form section at the beginning of this Agreement.

Your Card account includes access to a linked Coinbase Wallet account at Coinbase (the “Coinbase Wallet”). Separate terms
and conditions apply to the Coinbase Wallet. You may only hold one active Coinbase Card account.

Virtual Card: You may obtain a virtual Card through the Coinbase App. A virtual Card is an online representation of the Card
that you may use to purchase or lease goods or services or make payments by telephone or online, without presenting your
physical Card. The virtual Card provides another way for you to make purchases with the Card account and the terms of this
Agreement continue to apply to any transactions made using a virtual Card. You must first activate your Card with us before
you can request a virtual Card.

2. VERIFYING YOUR CARD


Important information for opening a Card account: To help the federal government fight the funding of terrorism and money
laundering activities, the USA PATRIOT Act requires all financial institutions and their third parties to obtain, verify, and record
information that identifies each person who opens a Card.

What this means for you: When you request a Card, we will ask for your name, street address, date of birth, and other
information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other documents at any
time.

Eligibility and Activation: To be eligible to use and activate the Card, you represent and warrant to us that: (i) you are at least
18 years of age; (ii) you are a citizen or permanent resident of the United States; (iii) the personal information that you have
provided to us is true, correct and complete; and (iv) you have read this Agreement and agree to be bound by and comply with
its terms.

3. UNAUTHORIZED TRANSACTIONS
a. Contact in Event of Unauthorized Transfer
If you believe your Card has been lost or stolen, call or write Customer Service IMMEDIATELY at the contact information found
at the beginning of this Agreement.

b. Your Liability for Unauthorized Transactions


Tell us AT ONCE if you believe your Card has been lost or stolen, or if you believe that an electronic fund transfer has been
made without your permission. Calling Customer Service is the best way of keeping your possible losses down. You could lose
all the money in your account. If you tell us within 2 business days after you learn of the loss or theft of your Card, you can lose
no more than $50 if someone used your Card without your permission. If you do NOT tell us within 2 business days after you
learn of the loss or theft of your Card, and we can prove we could have stopped someone from using your Card without your
permission if you had told us, you could lose as much as $500.
Also, if your electronic history shows transfers that you did not make, including those made by your Card or other means, tell us
at once. If you do not tell us within 60 days after the earlier of the date you electronically accessed your account (if the
unauthorized transfer could be viewed in your electronic history), or the date we sent the FIRST written history on which the
unauthorized transfer appeared, you may not get back any money you lost after the 60 days if we can prove that we could have
stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept
you from telling us, we will extend the time periods.

Your Card may have some additional protections against unauthorized use:

Visa Zero Liability policy covers U.S.-issued Visa-branded Cards only and does not apply to ATM transactions, PIN
transactions not processed by Visa, certain commercial card transactions, or unregistered cards. You must notify us promptly
of any unauthorized use. For additional details visit www.visa.com/security.

c. Business Days
For purposes of this Agreement, our business days are Monday through Friday, excluding Federal holidays. Customer Service
hours may differ.

4. USING YOUR CARD


a. Accessing and Loading Funds
Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction and
applicable fees. If you use your Card number without presenting your Card (such as for an internet transaction, a mail order or
a telephone purchase), the legal effect will be the same as if you used the Card itself. You may use your Card to purchase or
lease goods or services wherever your Card is honored or withdraw cash from ATMs as long as you do not exceed the value
available in your Card account.

You CANNOT use your Card to: (i) exchange your Card for its cash value; (ii) perform any illegal transactions; (iii) use the
bank routing number and account number to make a debit transaction with any item processed as a check (these debits will be
declined and your payment will not be processed); or (iv) make business-related transactions. In addition, YOU ARE NOT
PERMITTED TO EXCEED THE AVAILABLE AMOUNT IN YOUR CARD ACCOUNT THROUGH AN INDIVIDUAL
TRANSACTION OR A SERIES OF TRANSACTIONS. Nevertheless, if a transaction exceeds the balance of the funds available
in your Card account, you will remain fully liable to us for the amount of the transaction and agree to pay us promptly for the
negative balance. If your Card has a negative balance, any deposits will be used to offset the negative balance. We may also
use any deposit or balance on another Card you have with us to offset a negative balance on this Card.

Loading the Card account: You may add funds to your Card, called “loading,” by
(1) Account-to-Account Transfers with Purchase Transactions. You may load your Card account by
transferring funds in the value of U.S. dollars from your Coinbase Wallet balance when you initiate a purchase
transaction with your Card. At the time you initiate a purchase transaction, you authorize us and Coinbase to load to
the Card the amount of U.S. dollars from your Coinbase Wallet required to complete the purchase transaction and
pay any applicable Card fees. If your Coinbase Wallet does not contain sufficient funds to pay the purchase amount
plus applicable Card fees, the transaction will be declined and no funds will be loaded to your Card account.
(2) Account-to-Account Transfers for ATM Withdrawals. When you use the Card to make an ATM withdrawal,
funds in the ATM withdrawal amount plus any applicable Card fees will be withdrawn and transferred in the value of
U.S. dollars from your Coinbase Wallet balance to the Card account to complete the ATM withdrawal transaction. At
the time you initiate an ATM withdrawal, you authorize us and Coinbase to withdraw and transfer to the Card account
the amount of the ATM withdrawal and any applicable Card fees. If your Coinbase Wallet does not contain sufficient
funds to pay the amount of the ATM withdrawal plus applicable Card fees, the transaction will be declined and no
funds will be loaded to your Card account.

All transfers of funds to and from the Card account shall be in U.S. dollars regardless of the type of currency in your linked
Coinbase Wallet. Coinbase currency conversion fees may apply to transfers of funds to and from your linked Coinbase Wallet,
and such fees shall reduce the Coinbase Wallet balance available to load to your Card account for purchase and ATM
withdrawal transactions. See your Coinbase User Agreement for conversion fees and terms and conditions that apply to your
Coinbase Wallet.

See the Limits table below for limitations on amount and frequency for different load methods. Each load may be subject to a
fee as set out in the Long Form. We will reject any loads that exceed the maximum balance allowed on your Card. There are
also maximum load restrictions we may place on your Card when aggregated with any other Cards you have. You agree to
present your Card and meet identification requirements to complete load transactions as may be required from time to time. In
the event of a conflict between the terms of this Agreement and the Coinbase User Agreement Terms governing your Coinbase
Wallet, the terms of this Agreement shall control.

Split Transactions: If you do not have enough funds available in your Card account, you may be able to instruct the merchant
to charge a part of the purchase to the Card and pay the remaining amount with another form of payment. These are called
“split transactions.” Some merchants do not allow cardholders to split transactions or will only allow you to do a split transaction
if you pay the remaining amount in cash.

b. Limits

Load, Withdrawal and


Spend Limits*

Load Limitations Limit

Maximum Card balance at any time $25,000

Total amount and number of times you can reload your


$5,000 per twenty-four (24) hours. Two (2) times per twenty-four
Card
(24) hours, four (4) times per seven (7) days and ten (10) times
per thirty (30) days

Withdrawal Limitations Limit

Total number of ATM or over the counter cash withdrawals Three (3) cash withdrawals from each, and not more than six (6)
times per day

Maximum amount of ATM or over the counter cash No more than $1,000 per twenty-four (24) hours
withdrawals

Spend Limitations Limit

Maximum amount in Point of Sale Signature or Point of $2,500 Signature purchase, $2,500 PIN purchase and no more
Sale PIN Transactions than $2,500 total per twenty-four (24) hours

* Third parties may impose additional limitations.

c. Foreign Transactions
If you obtain your funds (or make a purchase) in a currency or country other than the currency or country in which your Card
was issued ("Foreign Transaction"), the amount deducted from your funds will be converted by the network or card
association that processes the transaction into an amount in the currency of your Card. The rate they choose is either: (i)
selected from the range of rates available in wholesale currency markets (which may vary from the rate the association itself
receives), or (ii) the government-mandated rate in effect for the applicable central processing date. The conversion rate
selected by the network is independent of any fee that we charge as compensation for our services. You will be charged a fee
for Foreign Transactions in U.S. dollars as disclosed in the Long Form. If the Foreign Transaction results in a credit due to a
return, we will not refund any fee that may have been charged on your original purchase.

5. CONFIDENTIALITY
We may disclose information to third parties about your Card account or the transactions you make:
(1) Where it is necessary for completing transactions;
(2) In order to verify the existence and condition of your Card account for a third party, such as merchant;
(3) In order to comply with government agency or court orders, 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; or
(6) As otherwise necessary to fulfill our obligations under this Agreement.
6. DOCUMENTATION
a. Receipts
You may be able to get a receipt at the time you make any transfer to or from your account using an ATM or point-of-sale
terminals. You may need a receipt in order to verify a transaction with us or the merchant.

b. Account History and Balance


You may obtain information about your Card balance and Coinbase Wallet balance by calling Customer Service. This
information, along with a 12–month history of Card account transactions, is also available in the Coinbase App or the Coinbase
Card Website mentioned above.
You also have the right to obtain at least 24 months of written history of Card account transactions by calling or by writing
Customer Service.

7. TRANSACTIONS AND PREAUTHORIZED TRANSFERS


a. Right to stop payment and procedure for doing so
If you have told us in advance to make regular payments out of your Card account, you can stop any of these payments. Call or
write to Customer Service with the contact information located at the beginning of this Agreement in time for us to receive your
request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put
your request in writing and get it to us within 14 days after you call.

b. Notice of varying amounts


If these regular payments vary in amount, the person you are paying should tell you, at least 10 days before each payment,
when it will be made and how much it will be.

c. Liability for failure to stop payment of preauthorized transfer


If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do
so, we will be liable for your losses or damages.

d. Our liability for failure to complete transactions


If we do not complete a transaction to or from your Card account on time or in the correct amount according to our Agreement
with you, we will be liable for your losses and damages proximately caused by us. However, there are some exceptions. We will
not be liable, for instance:
(1) If, through no fault of ours, you do not have enough funds available in your Card account to complete the
transaction;
(2) If a merchant refuses to accept your Card;
(3) If an ATM where you are making a cash withdrawal does not have enough cash;
(4) If an electronic terminal where you are making a transaction does not operate properly and you knew about
the problem when you initiated the transaction;
(5) If access to your Card has been blocked after you reported your Card or PIN lost or stolen;
(6) If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
(7) If we have reason to believe the requested transaction is unauthorized;
(8) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the
completion of the transaction, despite reasonable precautions that we have taken; or
(9) For any other exception stated in our Agreement with you.

e. ATM Fees
When you use an ATM not owned by us, you may be charged a fee by the ATM operator (and you may be charged a fee for a
balance inquiry even if you do not complete a funds transfer).

f. Authorization Holds
With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), your Card may be
“preauthorized” for an amount greater than the transaction amount to cover gratuity or incidental expenses, and the
preauthorization amount will be transferred from your Coinbase Wallet to the Card account. Any preauthorization amount will
place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase. Once the final
payment amount is received, the preauthorization amount on hold will be removed, and we will transfer any amount in excess
of the final payment amount to your Coinbase Wallet, and you authorize us to do so. During this time, you will not have access
to preauthorized amounts. 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.

8. ERROR RESOLUTION PROCEDURES


In Case of Errors or Questions about Your Prepaid Account: Call or write Customer service at the Phone Number, Address,
or Website mentioned above as soon as you can, if you think an error has occurred in your prepaid account. We must allow you
to report an error until 60 days after the earlier of the date you electronically access 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. In any case, we may limit our
investigation of any alleged error that you do not report to us within 120 days of the posted transaction. You may request a
written history of your transactions at any time by calling or writing Customer Service. You will need to tell us:
(1) Your name and prepaid account or Card number.
(2) Why you believe there is an error, and the dollar amount involved.
(3) Approximately when the error took place.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will
determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we
need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will
credit your account within 10 business days for the amount you think is in error, so that you will have the money during the time
it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within
10 business days, we may not credit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your
complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think
is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error,
we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need
more information about our error-resolution procedures, call Customer Service or visit our Website mentioned above.

9. ADDITIONAL TERMS OF THE AGREEMENT


a. Personal Identification Number (“PIN”)
You will receive instructions to set a Personalized Identification Number ("PIN") when you activate your Card. You should not
write or keep your PIN with your Card. Never share your PIN with anyone and do not enter your PIN into any terminal that
appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should
contact Customer Service immediately.
b. Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with your Card, the return and refund will be
handled by the merchant. If the merchant credits your Card, the credit may not be immediately available. While merchant
refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit
transaction and the refund may not be available for a number of days after the date the refund transaction occurs. Immediately
upon our receipt of the refund we will transfer the refund amount to your Coinbase Wallet, and you authorize us to do so. We
are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.
Any chargebacks or other amounts credited to the Card account will be immediately transferred to your Coinbase Wallet, and
you authorize us to do so.

c. Card Replacement and Expiration


If you need to replace your Card for any reason, please contact Customer Service. Please note that your Card has a “Valid
Thru” date on the front of the Card. You may not use the Card after the “Valid Thru” date on the front of your Card. However,
even if the “Valid Thru” date has passed, the available funds on your Card do not expire. You will not be charged a fee for
replacement cards.

d. Authorized Users
If you allow another person to use the Card, you will be responsible under this Agreement for all transactions made by that
person, regardless of whether you intended to be responsible for all of them, as well as all associated fees and charges, even if
any of those transactions, fees or charges caused your balance to go negative.
e. Communications
You agree that we may monitor and record any calls or other communications between us and you. You also agree that we or
our service providers may contact you with any contact information you provide to us, including cellular and wireless phone
numbers, landline numbers, and email addresses. You also agree that we or our service providers may contact you by using an
automated dialing or email system, by text, or artificial or recorded voice. You agree to pay any service charges assessed by
your plan provider for communications we send or make to you or that you send or make to us.

10. LEGAL NOTICES


a. English Language Controls
Translations of this Agreement that may have been provided are for your convenience only and may not accurately reflect the
original English meaning. The meanings of terms, conditions, and representations herein are subject to definitions and
interpretations in the English language.

b. Account Closure
You may close your Card at any time by contacting Customer Service. Your request for Card closure will not affect any of our
rights or your obligations arising under this Agreement prior to the request. Should your Card account be closed, we will issue
you a credit for any unpaid balances. We reserve the right to close your Card account should you complete or attempt to
complete any of the prohibited actions in this Agreement.

c. Assignability
You may not assign or transfer your Card or your obligations under this Agreement. We may, however, transfer or assign our
rights under this Agreement, including any balances in your Card account. If we assign our rights, you will get a notification
from us.

d. Legal Process
Your Card account is established and maintained at our main office in Sioux Falls, South Dakota. We will comply with
all applicable law in connection with any legal process validly served upon us in connection with the Card account
including, but not limited to, garnishments, restraints, seizure notices, subpoenas, and similar legal process. Unless
required by applicable state or federal law, we will not assert any claims of exemption on your behalf. You agree that
we will have no liability to you in the event we properly comply with any such valid Legal Process.
e. Other Terms
You will be notified of any change to this Agreement in the manner required 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 do not waive our rights by delaying or failing to exercise them at any time (for example, assessing a
fee less than described, or not all, for any reason does not waive our right to begin charging the fee as set forth in this
Agreement without notice). If any provision of this Agreement is 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 will not be affected. This Agreement will be governed by the law of the state of South
Dakota (without regard to the laws regarding conflicts of laws) except to the extent governed by federal law. With the
exception of disputes subject to the Arbitration Clause below, any disputes relating to this Agreement shall be subject
to the exclusive jurisdiction and venue of the federal and state courts located in the state of South Dakota. You
acknowledge and agree that we shall have a right of setoff to apply the funds in your Card Account to any debt that
you owe to us. You further grant us a security interest in all of your funds in our possession as collateral for any
sums that you owe us under this Agreement. Should your Card have a remaining balance after a certain period of
inactivity, we may be required to remit the remaining funds to the appropriate state agency.

11. JURY TRIAL WAIVER


YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT BUT MAY BE
WAIVED IN CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE KNOWINGLY AND
VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER WILL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY
FASHION THE ARBITRATION CLAUSE SET FORTH IN THE FOLLOWING SECTION.
12. ARBITRATION CLAUSE
We have put this Arbitration Clause in question and answer form to make it easier to follow. However, this Arbitration Clause is
part of this Agreement and is legally binding. For purposes of this section, our “Notice Address” is: Pathward, N.A., Attn: Customer
Service, 5501 S Broadband Ln, Sioux Falls, SD 57108.

Background and Scope.


Question Short Answer Further Detail
An alternative to In arbitration, a neutral third-party arbitrator (“Arbitrator”) solves Disputes in an informal hearing
What is arbitration?
court on an individual basis.
The hearing is private. There is no jury. It is usually less formal, faster and less expensive than a
Is it different from
Yes lawsuit. Pre-hearing fact finding is limited. Appeals are limited. Courts rarely overturn arbitration
court and jury trials?
awards.
If you do not want this Arbitration Clause to apply, you must send us a signed notice within 60
Can you opt-out of calendar days after you purchase the Card You must send the notice in writing (and not
Yes, within 60
this Arbitration electronically) to our Notice Address. Provide your name, address and Card number. State that
days
Clause? you “opt out” of the Arbitration Clause. Opting out will not affect the other provisions of this
Agreement.
The parties'
What is this Unless prohibited by applicable law and unless you opt out, you and we agree that you or we
agreement to
Arbitration Clause may elect to arbitrate individually or require individual arbitration of any "Dispute" as defined
arbitrate
about? below.
Disputes
This Arbitration Clause governs you and us. It also covers certain "Related Parties": (1) our
Who does the You, us and
parents, subsidiaries, affiliates, and their successors and permitted assigns; (2) our employees,
Arbitration Clause certain "Related
directors, officers, shareholders, members and representatives; and (3) any person or company
cover? Parties"
that is involved in a Dispute you pursue at the same time you pursue a related Dispute with us.
This Arbitration Clause governs all “Disputes” that would usually be decided in court and are
between us (or any Related Party) and you. In this Arbitration Clause, the word “Disputes” has
the broadest reasonable meaning. It includes all claims even indirectly related to your Card or
this Agreement or the relationships between you and us and/or “Related Parties” resulting
All Disputes therefrom, including but not limited to, initial claims, counterclaims, cross-claims, third-party
What Disputes does (except certain claims, and claims based on any constitution, statute, regulation, ordinance, common law rule
the Arbitration Disputes about (including rules relating to contracts, torts, negligence, fraud or other intentional wrongs) and
Clause cover? this Arbitration equity. It includes claims that seek relief of any type, including damages, and/or injunctive,
Clause) declaratory, or other equitable relief. It includes claims related to the validity in general of this
Agreement. However, it does not include disputes about the validity, coverage or scope of
this Arbitration Clause or any part of this Arbitration Clause. (This includes a Dispute
about the rule against class arbitration.) All such disputes are for a court and not an
Arbitrator to decide.
Arbitrations are conducted under this Arbitration Clause and the rules of the arbitration
administrator in effect when the arbitration is started. The arbitration administrator will be either:
● The American Arbitration Association ("AAA"), 120 Broadway, 21st Floor, New York, NY
10271, www.adr.org.
● JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com
Who handles the Usually AAA or
● Any other company picked by agreement of the parties.
arbitration? JAMS
If all the above options are unavailable, a court with jurisdiction will pick the administrator. No
arbitration may be administered without our consent by any administrator that would permit a
class arbitration under this Arbitration Clause. The Arbitrator will be selected under the
administrator's rules. However, the Arbitrator must be a lawyer with at least ten years of
experience or a retired judge unless you and we otherwise agree.
Either party may bring a lawsuit if the other party does not demand arbitration. Also, any
individual claim(s) by you or us in which the amount in controversy (exclusive of attorneys' fees
and costs if applicable law so provides) is properly within the jurisdiction of a small-claims court
may be removed to small-claims court at the election of the opposing party by providing notice
within 21 days of receiving the arbitration demand from the other party; however, if that action is
Can Disputes be
Sometimes transferred, removed or appealed to a different court, a party may elect arbitration.
litigated?
Even if all parties have opted to litigate a Dispute in court, you or we may elect arbitration with
respect to any Dispute made by a new party or any Dispute later asserted by a party in that
lawsuit or in any related or unrelated lawsuit (including a Dispute initially asserted on an
individual basis but modified to be asserted on a class, representative, or multi-party basis).
Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Clause.
For Disputes that are arbitrated under this Arbitration Clause, you and we give up our rights to:
1. Have juries decide Disputes.
Are you and we
Yes 2. Have courts, other than small-claims courts, decide Disputes.
giving up any rights?
3. Serve as a private attorney general or in a representative capacity in court or in arbitration.
4. Join a Dispute that you, we, or Related Parties have with a dispute that others have.
5. Bring or be a class member in a class action in court or in a class arbitration.
The Arbitrator shall have no authority to conduct any arbitration inconsistent with this section or
to issue any relief that applies to any person or entity except you or us or Related Parties
individually.
The Arbitrator is not allowed to handle any Dispute on a class or representative basis. All
Can you or another
Disputes subject to this Arbitration Clause must be decided in an individual arbitration or an
consumer start a No
individual small-claims action. You may not pursue any type of collective action or class action
class arbitration?
against us in arbitration.
This Agreement and the Cards involve interstate commerce. Thus, the FAA governs this
Arbitration Clause. The Arbitrator must apply substantive law consistent with the FAA. The
Arbitrator must honor statutes of limitation and privilege rights. The Arbitrator is authorized to
The Federal
award all remedies permitted by applicable substantive law, including, without limitation,
What law applies? Arbitration Act
compensatory, statutory and punitive damages (subject to constitutional limits that would apply
(“FAA”)
in court), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. In the
event of any conflict or inconsistency between this Arbitration Clause and the administrator’s
rules or the Agreement, this Arbitration Clause will govern.
Will anything I do This Arbitration Clause stays in force even if: (1) you or we end this Agreement; (2) we transfer
make this Arbitration No or assign our rights under this Agreement, or (3) a party files for bankruptcy (if bankruptcy law
Clause ineffective? permits).
Process.
Before starting a lawsuit or arbitration, the complaining party must give the other party written
notice of the Dispute. The notice must explain in reasonable detail the nature of the Dispute and
Send a written
What must a party any supporting facts. If you are the complaining party, you must send the notice in writing (and
Dispute notice
do before starting a not electronically) to our Notice Address. You or an attorney you have personally hired must
and work to
lawsuit or sign the notice and must provide your Card number and a phone number where you (or your
resolve the
arbitration? attorney) can be reached. A letter from us to you will serve as our written notice of a Dispute.
Dispute
Once a Dispute notice is sent, the complaining party must give the other party a reasonable
opportunity over the next 30 days to resolve the Dispute on an individual basis.
If the parties do not reach an agreement to resolve the Dispute within 30 days after notice of the
Dispute is received, the complaining party may commence a lawsuit or an arbitration, subject to
the terms of this Arbitration Clause. To start an arbitration, the complaining party picks the
How does an
Mailing a notice administrator and follows the administrator's rules. If one party begins or threatens a lawsuit, the
arbitration start?
other party can demand arbitration. This demand can be made in court papers, such as a
motion to compel arbitration. Once an arbitration demand is made, no lawsuit can be brought
and any existing lawsuit must stop unless a court rules otherwise.
The Arbitrator may decide that an in-person hearing is unnecessary and that he or she can
Will any hearing be
Yes resolve a Dispute based on written filings and/or a conference call. However, any in-person
held nearby?
arbitration hearing must be held at a place reasonably convenient to you.
What about Appeal rights under the FAA are very limited. The Arbitrator’s award will be final and binding.
Very limited
appeals? Any appropriate court may enter judgment upon the Arbitrator's award.
Arbitration Fees and Awards.
We will pay all filing, administrative, hearing and Arbitrator fees if you act in good faith, cannot
Who bears
Usually, we do. get a waiver of such fees, and ask us to pay. We will always pay amounts required under
arbitration fees?
applicable law or the administrator's rules.
If you win an arbitration, we will pay the reasonable fees and costs for your attorneys, experts
When will we cover
and witnesses. We will also pay these amounts if required under applicable law or the
your legal fees and If you win
administrator's rules or if payment is required to enforce this Arbitration Clause. The Arbitrator
costs?
shall not limit his or her award of these amounts because your Dispute is for a small amount.
Will you ever owe us The Arbitrator can require you to pay our fees if (and only if): (1) the Arbitrator finds that you
Only for bad
for arbitration or have acted in bad faith (as measured by the standards set forth in Federal Rule of Civil
faith
attorneys' fees? Procedure 11(b)); and (2) this power does not make this Arbitration Clause invalid.
Can an award be A party may request details from the Arbitrator within 14 days of the ruling. The Arbitrator will
Yes
explained? determine whether to grant such request.
If any portion of this Arbitration Clause cannot be enforced, the rest of the Arbitration Clause will
continue to apply, except in two instances. First, if a court rules that the Arbitrator can decide a
Dispute on a class basis and that ruling is not reversed on appeal, then this entire Arbitration
What happens if a Clause (except for this sentence) will be void. Second, if a claim is brought seeking public
part of this injunctive relief and a court determines that the restrictions in this Arbitration Clause prohibiting
Arbitration Clause It depends the Arbitrator from awarding relief on behalf of third parties are unenforceable with respect to
cannot be enforced? such claim (and that determination becomes final after all appeals have been exhausted), then
the claim for public injunctive relief will be determined in court and any individual claims seeking
monetary relief will be arbitrated. In such a case, the parties will request that the court stay the
claim for public injunctive relief until the arbitration award pertaining to individual relief has been
entered in court. In no event will a claim for public injunctive relief be arbitrated.
Coinbase Card is issued by Pathward, National Association, Member FDIC, pursuant to a license from Visa U.S.A. Inc.
© 2024 Pathward, National Association.

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