smartOne Visa Gift Card Agreement

smartOne Visa Consumer Gift Card Cardholder Agreement
This Cardholder Agreement ("Agreement") is the terms and conditions governing our issuance and your use of your smartOne Visa gift card ("Card"). Keep this document for future reference. In this Agreement, "you" and "your" mean any person who received the Card or is authorized to use it as provided for in this Agreement. If there is more than one of you, you are each jointly and severally liable for all obligations, regardless of which of you uses the Card or benefits from that use. "We, "us" and "our" mean First National Bank Omaha. By activating the Card, signing the back of the Card, using the Card, or allowing someone else to use the Card means you accept and agree to be bound by the terms and conditions contained in this Agreement.

MONTHLY CARD FEE : After the first six (6) months following activation of the Card, a $2.50 fee will be charged to your Card each month until the card expires. This fee will not be charged once the balance on the Card reaches $0.00.
CARD REPLACEMENT OR RENEWAL FEE : A $10.00 fee will be charged to your Card if the Card is reissued or replaced.

RESEARCH FEE: Up to A $25.00 fee for special research and documentation (which may include authorization hold removal, Card verification, balancing, etc)
BALANCE TRANSFER FEE : A $25.00 fee will be charged to your Card if it is cashed out on or prior to expiration, or escheated according to applicable unclaimed property law. If the remaining balance is less than $25.00, no refund will be issued.

8. Loss, Theft, or Unauthorized Use. Write down the Card number and Customer Service number on a separate piece of paper in case the Card is lost, stolen or destroyed. You are responsible for all charges made by anyone you allow to use your Card, even if they charge more than you intended. If you ask us to issue a Card to someone, you are responsible for their use of it until you return it to us. We may consider use of the Card by members of your immediate family as authorized by you and your responsibility. If unauthorized use of your Card occurs, you agree to cooperate with us and law enforcement authorities in identifying the unauthorized user. Applicable law and our "zero liability" policy (both of which are more fully described herein) may protect you from liability for unauthorized transactions. You understand that your Card is not a credit card and is not protected by laws covering credit cards, such as the federal Truth in Lending Act. TELL US AT ONCE IF YOU BELIEVE YOUR CARD HAS BEEN LOST OR STOLEN. TELEPHONING IS THE BEST WAY TO KEEP YOUR POSSIBLE LOSSES DOWN. YOU COULD LOSE ALL THE MONEY ON YOUR CARD. 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. For purposes of these disclosures, our business days are Monday through Friday, not including all federal holidays. 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 a statement shows transactions that you did not make including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was made available to you online (or mailed to you in the case of paper statements), 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 hospital stay) kept you from telling us, we will extend the time periods.

9. Error Resolution Procedure. In Case of Errors or Questions About Your Card, contact us as soon as you can, if you think an error has occurred in your Card. We must allow you to report an error until 60 days after the earlier of the date you electronically access your Card, 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 us or writing us. You will need to tell us: (i) your name and the Card number; (ii) why you believe there is an error, and the dollar amount involved; and (iii) 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. 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 Card. For errors involving new Cards, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new Cards, we may take up to 20 business days to credit your Card 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 us.

10. Failure to Complete Transactions. If we do not complete a transaction arising from the use of your Card on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, we will not be liable if: (a) through no fault of ours, you do not have enough money on your Card to cover a transaction, (b) if the automated teller machine where you are making the transfer does not have enough cash, (c) the terminal or system was not working properly and you knew about the breakdown when you started the transfer, (d) circumstances beyond our control prevent the transaction, despite reasonable precautions that we have taken, and (e) there may be other exceptions stated in our agreement with you.

Foreign Transaction Fee. A Foreign Currency Conversion Fee will be assessed on all transactions made in currencies other than U.S. Dollars. The Foreign Currency Conversion Fee will be equal to 2% of the amount of each foreign transaction. If we assess a fee, it will appear on your statement as a Foreign Currency Conversion Fee. Transactions made in currencies other than U.S. Dollars will be converted to U.S. Dollars under the then current regulations of Visa. Those regulations currently provide that the conversion rate may be either the wholesale market rate or government-mandated rate in effect the day Visa processes the transaction. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date.
11. Disclosure of Information to Third Parties. We may disclose information to third parties about your Card or the transactions you make: (a) where it is necessary for completing transactions; (b) to verify either a transaction you make or the existence and condition of your Card to a third party; (c) to utilize services of third parties and affiliate entities who assist us in providing the Card and related services; (d) to comply with government agency rules or court orders; (e) if you give us your permission; (f) if you owe us money or there are legal proceedings in connection with your Card, information may be released to attorneys, accounts, collection bureaus, financial institutions, and others involved in collection, adjustment, settlement or reporting; (g) to protect against potential fraud and other crimes; or (h) when otherwise permitted by law. We may also share information about you and your Card, based on our transactions and experiences with you, with our parent, affiliate and subsidiary companies. You also authorize us to make such credit, employment and investigative inquiries, as we deem appropriate in connection with the issuance and use of the Card. We can furnish information concerning the Card or credit file to consumer reporting agencies and others who may properly receive that information. You also authorize us to make such credit, employment and investigative inquiries, as we deem appropriate in connection with the issuance and use of the Card. We can furnish information concerning the Card or credit file to consumer reporting agencies and others who may properly receive that information.
12. Revocation of Card and Unclaimed Funds. The Card is our property and we may revoke the Card at any time with or without cause or notice, unless otherwise required by law. You must surrender a revoked Card and you agree that the Card may not be used after is has been revoked. If any funds remain on the Card upon revocation, please contact us to request a refund of the remaining value of the Card, less any applicable fees. Any refund will be sent to you at the address you provide to us. When the Card expires it will be cancelled and any unused balance will be handled according to the applicable unclaimed property law.
13. Amendments. We may change the terms of this agreement at any time. If we do so, we will post the change on the website referenced above, and when possible notify you in writing if required by law (in which case changes will be effective on the date specified in the notice). Changed terms will apply to the outstanding balance of your Card as well as to any transactions after the date of the change. In any event, use of your Card after the date of the change will confirm that you agree to the change. Amendments required by bank regulatory authority will be effective according to the applicable regulation without further notice.
14. Transfers. We may transfer all or part of your Card balance, along with our rights under this Agreement, to another person or entity. That person or entity will then be entitled to enforce our rights under this Agreement. You may not transfer your rights or obligations under this Agreement or to Card balance, except through regular use of the Card.
15. Governing Law. To the extent federal law is not applicable, this Agreement and your Card will be governed by Nebraska law, regardless of where you reside. You agree that all terms of this Agreement are material to the determination of interest.
16. Severability. If any provision(s) of this Agreement are deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, but will not affect the validity and enforceability of any remaining provisions of this Agreement.
17. No Waiver. Our failure to enforce the performance of a provision of this Agreement does not constitute a waiver of our right to later enforce such provision or other provision of this Agreement.
18. Force Majeure. Except as otherwise expressly provided in this Agreement, we will not be liable for any loss, cost charge, fee, penalty, expense, claim or damage resulting from any failure or delay in performance by us due to any cause beyond our control, including, without limitation, any legal restraint, interruption of transmissions or communications, equipment, electrical or computer failure, or emergency condition, act of God, fire, storm, wind or other catastrophe, or failure or delay in performance by any third-party service provider.

19. Arbitration: This contract contains an arbitration provision which may be enforced by the parties.PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY:

WITH LIMITED EXCEPTIONS, THIS ARBITRATION PROVISION ALLOWS EITHER PARTY TO REQUIRE THAT ANY "CLAIM" (AS DEFINED ABOVE) BE RESOLVED BY BINDING ARBITRATION.
ARBITRATION REPLACES THE RIGHT TO GO TO COURT AND TO HAVE A CLAIM DETERMINED BY A JURY. OTHER RIGHTS YOU MAY HAVE IN COURT, SUCH AS DISCOVERY OR APPEAL RIGHTS, MAY NOT BE AVAILABLE OR MAY BE MORE LIMITED IN ARBITRATION. EXCEPT AS PROVIDED BELOW, THOSE OTHER RIGHTS ARE WAIVED.
YOU WILL NOT BE ABLE TO DO THESE TWO THINGS (IN COURT OR IN ARBITRATION): (1) BRING A CLAIM AS A CLASS ACTION OR IN A REPRESENTATIVE CAPACITY; OR (2) PARTICIPATE IN A CLAIM AS A CLASS MEMBER.
Except as provided below: (1) you may unilaterally choose to have any Claim that we bring against you resolved through binding arbitration; and (2) we may unilaterally choose to have any Claim that you bring against us (or us and any of Our Related Parties) resolved through binding arbitration. If you assert a Claim against any of Our Related Parties, but you do not also assert that Claim against us, the Related Party (or whoever will be defending the Related Party) may unilaterally choose to have that Claim resolved through binding arbitration. If a court proceeding is commenced, the party that commenced that court proceeding may unilaterally choose to have any counterclaim, cross-claim, or third party claim brought in that proceeding resolved through binding arbitration. If a party chooses to have a Claim resolved by arbitration pursuant to this arbitration provision, neither you nor we will have the right to litigate that Claim in court, have a jury trial on that Claim, or engage in pre-arbitration discovery, except as provided for in the applicable Arbitration Rules of the selected Arbitrator(s) and as otherwise set forth in this arbitration provision.
"Ordinary Claims" are not subject to this arbitration provision and may be resolved through litigation. A Claim will be considered an "Ordinary Claim" if all three of the following are true: (1) the only remedy being sought for the Claim is monetary damages; (2) the recovery being sought for the Claim is less than $25,000, excluding interest and costs; and (3) the only parties to litigation to resolve the Claim will be you, us and/or Related Parties.
The arbitration administrator (an "Administrator") shall be either the American Arbitration Association ("AAA") or National Arbitration Forum ("NAF"). Arbitrations shall be conducted in accordance with the arbitration rules and procedures of the AAA or NAF which are applicable and in effect when the Claim is initiated (the "Arbitration Rules"). However, if the Arbitration Rules are inconsistent with this arbitration provision, this provision will prevail. If neither the AAA nor the NAF are available, Claims shall be submitted to one or more comparable organizations. The parties shall agree in writing on which comparable organization they wish to use. No other organization may be used.
Arbitrations may be initiated pursuant to the Arbitration Rules of the selected Administrator. One or more impartial arbitrators (the "Arbitrator(s)") will be selected pursuant to the Arbitration Rules, but any arbitrator must be either a lawyer with at least ten years experience or a former judge. You or we may choose to have an arbitration hearing. You and we may be represented by counsel throughout any arbitration. Arbitration hearings will take place in the federal judicial district where you reside at the time the Claim is initiated or some other place to which you and we agree in writing. The decision of the Arbitrator(s) will be final and binding. Any final decision of the Arbitrator(s) is subject to judicial review only as set forth in the Federal Arbitration Act. Judgment upon an award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction.
If there is a dispute as to whether any claim, dispute or controversy is a "Claim" subject to this provision, that dispute shall be resolved solely by the Arbitrator(s) (except as noted below with reference to Class Proceedings and except that a court may decide whether a Claim is an Ordinary Claim).
An arbitration pursuant to this provision may decide only your Claims, our Claims or Claims of Related Parties. The Arbitrator(s) shall have no authority to entertain or determine Class Proceedings. If the Arbitrator(s) decide they have authority to entertain or determine any Claim brought in a Class Proceeding, that decision may be appealed to a court of competent jurisdiction. If, despite this Agreement, Class Proceedings are allowed, those proceedings shall be conducted only in a court of competent jurisdiction. The claims of other persons who may (or may not) have similar claims may not be consolidated with any Claim. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. The only Claims that may be joined under this arbitration provision are (1) those brought by us and Our Related Parties against you and Your Related Parties; or (2) those brought by you and Your Related Parties against us and Our Related Parties.
The Arbitrator(s) shall have no authority to award punitive damages.
If any portion of this arbitration provision shall be found to be unenforceable, that portion will be severed, and the rest of this arbitration provision will remain in effect. However, if the Class Action Waiver is held to be invalid with respect to any Class Proceeding, the entire arbitration provision shall be null and void.
We will reimburse you for the initial arbitration filing fee up to $350 upon receipt of proof of payment, provided that you have initiated an individualized proceeding in good faith and in accordance with this Agreement and provided that you have not initiated your proceeding in concert with any other cardmember(s). All other fees will be allocated in keeping with the applicable Arbitration Rules and applicable law. We will also advance or reimburse other fees if the Administrator or Arbitrator(s) determine there is good reason for requiring us to do so or if you ask us and we determine there is good cause for doing so. Each party will bear the expense of the fees and costs of that party's own attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails.
This arbitration provision shall survive repayment of your extension of credit, changes to your Card and this Agreement (although this provision itself may be changed in accordance with the Important Notice Regarding Changes in Terms provision), our assignment of your Card, the issuance of a new Card, the transfer of the balance from one Card to another, your or our termination of the Card and the bankruptcy (or similar proceeding) of any party.
This arbitration provision is made in connection with a transaction involving interstate commerce, and shall be governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1 through 16, as amended. The Arbitrator(s) shall apply applicable substantive law consistent with the Federal Arbitration Act, the National Bank Act and OCC regulations and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
You may obtain AAA rules and forms by contacting the AAA at 335 Madison Avenue, Floor 10, New York, NY 10017-4605, by visiting their web site at www.adr.org, or, if you cannot access the AAA web site, by calling the AAA at 800-778-7879. You may obtain NAF rules and forms by contacting the NAF at P.O. Box 50191, Minneapolis, MN 55405, by visiting their web site at www.arb-forum.com, or, if you cannot access the NAF web site, by calling the NAF at 8004742371.