Lowe's PreLoad Discover® Card
Account Administrator Agreement

This Lowe’s PreLoad Discover® Card (“PreLoad Card”) Account Administrator Agreement, including the Schedule of Fees and Charges (collectively referred to as this “Agreement”), sets forth the terms of your Lowe’s PreLoad Card Account. Please read it carefully and retain it for your records. This Agreement is issued by Sunrise Banks, N.A., Member FDIC, pursuant to a license from Discover Financial Services. Discover® and the Discover acceptance mark are service marks used by Sunrise Banks N.A. under license from Discover Financial Services. Company shall be responsible for notifying Cardholders of the relevant terms applicable to their Card use and for ensuring that each Cardholder complies with the terms and conditions set forth in this Agreement.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW PRELOAD ACCOUNT:

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify and record information that identifies each entity or person who opens an account. What this means for you: When you open an account, we will ask for your name, physical address, date of birth, taxpayer identification number and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

When a PreLoad Account is opened on behalf of a Company, we may ask for copies of certain information that will help us verify a Company’s information, and/or the identity of its PreLoad Account Administrators, Trusted Agents, and Cardholders. Company information which may be collected includes, but is not limited to; address corporate organizational documents and certificates, and federal employer identification number (EIN). Personal information which may be collected from Company’s principal owners and Cardholders includes, but is not limited to; name, address, phone number, date of birth, social security number or individual taxpayer identification number (ITIN), driver’s license and/or passport.

Definitions

Agreement to Terms

By registering and being approved by the Authorized Card Service provider, you agree to the terms of this Agreement. If you do not agree to the terms of this Agreement or do not want to use the PreLoad Card, call us at 1 (855) 515-5214 to cancel the PreLoad Discover Account. (along with cutting in half all Lowe’s PreLoad Company Cards. When any provision in this Agreement states that we may take certain actions, we may do so in our sole discretion. The terms of this Agreement are subject to amendment at any time in accordance with Cancellation and Suspension section below.

PreLoad Account Description

The PreLoad Account is a virtual account made available to Company’s designated Administrators for commercial business purposes. The PreLoad Account allows the PreLoad Account Administrator and all registered and approved Trusted Agents of the Company to access funds loaded to the PreLoad Account by the PreLoad Account Administrator or any of the Company’s Trusted Agents that have been authorized by Company to load funds to the PreLoad Account. The PreLoad Account does not constitute a checking or savings account. The PreLoad Account is not a traditional prepaid card account, but is intended to be used for business expense spending purposes. The PreLoad Account is not a credit card or line of credit account. Company will not receive any interest on the funds in the PreLoad Account. The funds in the PreLoad Account will be FDIC insured for the benefit of Company once we have been able to verify Company’s identity. The PreLoad Account will remain the property of the Bank and must be surrendered upon demand. The PreLoad Account is nontransferable and may be canceled or revoked at any time without prior notice except as required by law.

Business Use Only

This PreLoad Account is to be used solely for funding the Company Card for business purposes and may not be used for commercial, consumer or household purposes. By using the PreLoad Account or providing the Company Card Number to any person, you represent and warrant to us that use of the PreLoad Account is solely for business funding of Company Card purposes.

The Company Card is to be used solely for business purposes and may not be used for consumer or household purposes. By using the Company Card or providing the Company Card Number to any person, you represent and warrant to us that use of the Company Card is solely for business purposes.

Using the PreLoad Account

Once the PreLoad Account Administrator information has been verified, the PreLoad Account will be active. The opening balance will be Zero Dollars and Zero Cents ($0.00) in US Denomination. You will have three ways to fund your PreLoad Account, through (1) the Authorized Card Service Provider desktop application at https://www.LowesPreLoad.com, (2) mobile application, and (3) by associating a registered financial institution account to the PreLoad Account and authorizing monetary transfers per the monthly limits. Although no credit history is required to open a Lowe’s PreLoad Card Account; the Company, the PreLoad Account Registrant and any Trusted Agent associated with the administration of the PreLoad Account on File authorize us to obtain information about them from time to time from credit reporting agencies, the employers and other third parties for our internal processes.

After PreLoad Account Administrator has funded the PreLoad Account and Cardholders have received and activated their Company Cards, you may transfer funds to Company Cards provided that such transfer of funds does not exceed the limits imposed at the Company Card by us. If any Cardholders are in a negative balance state, the Authorized Card Service provider reserves the right to return such card account balance to a zero dollar and zero cent ($0.00) state by transferring funds from the PreLoad Account to such negative balance Company Cardholder. In the event that the PreLoad Account does not have sufficient funds to remedy a negative balance Company PreLoad Card, then the Authorized Card Service provider may assess fees pursuant to the fee schedule below.

Each time a PreLoad Account Administrator uses the PreLoad Account to fund a Company Card; you authorize us to reduce the value available on the PreLoad Account by the amount of the transaction plus applicable fees, if applicable. Any transaction that is completed using the correct logon credentials of the PreLoad Account Administrator and or the Company’s Trusted Agents, will be considered an authorized transaction. Company will be liable for all transactions arising from any use of the PreLoad Account. If any Company Cardholder is permitted to use the Company Card, Company will be responsible for any transactions made and any fees incurred by the Company Cardholder even if the Cardholder exceeds the scope of the authority granted to such Company Cardholder by the Company. Cardholders should only be persons Company trusts to honor its instructions and limitations.

Managing the PreLoad Account

Through the Authorized Card Service Providers Website or Mobile Application, the PreLoad Account Administrator and Trusted Agents will have full administrative rights to the PreLoad Account and will be able to view and print account transaction activity 24 hours a day, 7 days a week for the PreLoad Account and all Company Cardholders associated with the PreLoad Account. If authorized by the PreLoad Administrator, Company Cardholders will have reduced access to view their Company Card transaction activity through the Authorized Card Service Website or Mobile Application. It is the Cardholder’s responsibility to keep Access Information confidential to deter other person(s) from using their PreLoad Account or accessing their PreLoad Account without their permission. Please allow at least one (1) business day after each transaction for the information to be updated online or on a mobile device.

Limitations on PreLoad Account Usage

All transactions are subject to the limitations set forth in this Agreement, and no transaction may exceed the available balance in the PreLoad Account. Unusual or suspicious load attempts may prompt a PreLoad Account Suspension to allow us to investigate such unusual activity.

PreLoad Account Use Limitations - This PreLoad Card has been issued solely for commercial business purposes. Any Company Cards issued may not be used for payroll expenses under any circumstances. PreLoad Account Administrator(s) and Trusted Agents agree that they will: (i) endorse the use of Commercial Cards as a corporate card solely for commercial business purposes; (ii) prohibit the use of Company Cards at gambling websites or to purchase illegal goods or services; (iii) promptly notify us through our Authorized Card Service provider of any loss or theft of any Company Cards; (iv) promptly notify us of the loss, theft, or unauthorized disclosure of any Access Information used to access the PreLoad Account or Company Cards; (v) prohibit the use of Company Cards for payroll expenses; and (vi) use the Company Card only as permitted by this Agreement. In addition, they acknowledge that Company Card may not be accepted by certain merchants whose goods or services are not legal for minors. We may refuse to process any transaction that we believe violates the terms of this Agreement. We may suspend any Company Card and/or Lowe’s PreLoad Card program to investigate any unusual activity that indicate any Company Cards issued to their PreLoad Card Account are being used for restricted activities such as payroll expense. Their failure to comply with the restrictions on use will cause the immediate termination of their PreLoad Card Account and any Company Cards associated with the PreLoad Card Account.

The PreLoad Account Administrator or Trusted Agent may add funds (referred to as “value loading”) to the PreLoad Account via:

Funding Sources

ACH or Wire Transfer from Company Bank Account

Debit or Credit Card

Deposit of a Company Check at Lowe’s Pro Service Centers.

NO OTHER TYPE OF VALUE LOADING IS ALLOWED FOR THE PRELOAD ACCOUNT AND ITS ASSOCIATED COMPANY CARDS, INCLUDING CASH LOADS THROUGH RETAIL LOAD NETWORKS (E.G. GREENDOT, MONEYGRAM, WESTERN UNION, ETC.) OR DIRECT DEPOSIT.

Company Cardholders

The PreLoad Account Administrators and Trusted Agents have the sole discretion in requesting the opening and closing of a Company Card. Each Company Card will consist of a branded PreLoad Card which is to be funded through the PreLoad Account only and which is to be used for business related purchases only. The Company Cardholder must be a person associated with the Company and will be authorized to make changes to select information (Address, Telephone Number, and Email, and PIN) associated with their Company Cardholder information with or without the prior consent of either the PreLoad Account Administrator or the Company’s Trusted Agents. The Company is the owner of all funds on the Company Card at all times and Company Cardholder agrees that the Company Card shall only be used as authorized by Company.

Using the Lowe’s Prepaid Discover Card

After the cardholder receives their card they may use it to purchase goods and services everywhere Discover is accepted. If the Cardholder does not have enough funds available on their card, then they can instruct the merchant to charge a part of the purchase to the Company Card and pay the remaining amount with other funds. These are called “split transactions,” and some merchants do not permit them. If the Cardholder makes a purchase without presenting the card (such as for internet, mail or phone order purchases), the legal effect will be the same as if they used the card itself. With their PIN, they may also use their card at merchants requiring PIN entry transactions as part of a point-of-sale (“POS”) transaction.

Each time a Cardholder uses the card to purchase goods or services; they authorize us to reduce the value available on the card by the amount of the transaction plus applicable fees, if applicable. Any transaction that is completed using the correct signature, or with the correct entry of the designated PIN number, will be considered an authorized transaction. Company will be liable for all transactions arising from any use of the card(s). If any Cardholder is permitted to use the Card, the Company will be responsible for any transactions made and any fees incurred by the Cardholder even if the Cardholder exceeds the scope of the authority granted to such Cardholder by the Company.

Limitations on Card Usage

All transactions are subject to the limitations set forth in this Agreement, and no transaction may exceed the available balance in a Company Card.

NO OTHER TYPE OF VALUE LOADING IS ALLOWED FOR THE COMPANY CARD, INCLUDING CASH LOADS THROUGH RETAIL LOAD NETWORKS (e.g. GreenDot, MoneyGram, Western Union, etc.) OR DIRECT DEPOSIT.

The maximum amount that may be value loaded to any Company Card is $50,000. The maximum aggregate value of any one (1) Company Card is restricted to $50,000 at any point in time. We reserve the right to accept or reject any request to load to the Company Card. Loads are subject to appropriate anti-fraud verification. Prior to crediting loads to a Company Card and making funds available to any Company Cardholder, certain delays may be required to assure funds are available for such loads.

The Company Cardholder may NOT use the Bank’s routing number and the Company Card Number to make preauthorized payments from the Company Card. Cardholders are not authorized to use the Bank’s routing number and Company Card Number for any other purpose. Cardholders do not have the right to stop payment on any purchase or payment transaction originated by use of their Company Card, except as otherwise permitted by this Agreement. If a Cardholder authorize’ s a transaction and then fails to make a purchase of that item as planned, the approval may result in a hold.

Managing Company Cards

Through our Authorized Service Provider Website (https:// www.LowesPreLoad.com) or Mobile Application, the PreLoad Account Administrator, Trusted Agents, will have full administrative rights to the Company Card and will be able to view and print account transaction activity 24 hours a day, 7 days a week. The Company Cardholder will be able to access the same Authorized Service Provider Website (https:// www.LowesPreLoad.com) and Mobile Application; however, have reduced access to view their Company Card transaction activity. It is the Cardholder’s responsibility to keep Access Information confidential to deter other person(s) from using their Company Card or accessing their Company Card without their permission. Please allow at least one (1) business day after each transaction for the information to be updated online.

PIN 

A PIN is a four-digit code that may be used by Company Cardholder to make purchase transactions instead of signing for their transaction. All Company Cardholders will be provided a PIN at the time of Company Card enrollment. Only one (1) PIN will be issued per Company Card. To prevent unauthorized access to the Card balance, all Cardholders will need to agree to keep their PIN confidential. In the event that a Company Cardholder does not recall their PIN, they can change their PIN by visiting cardholder services at https:// www.LowesPreLoad.com. A PIN is not assigned to, nor can a PIN be used by a PreLoad Account as the PreLoad Account cannot be used for purchases. Company Card PIN may NOT be used (i) to obtain cash or to (ii) check balances at any ATM or POS terminals.

Merchant Authorization Holds

When a Company Cardholder uses their PreLoad Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and may estimate its final value. When we authorize the transaction, we commit to make the requested funds available when the transaction finally settles and may place a temporary hold on the funds in such Company Card in the amount indicated by the merchant (which may be more than the final settled transaction amount). We also may add an amount for certain merchants to ensure that sufficient funds will be available to cover the final transaction. Transactions at certain merchants that authorize high dollar amounts, especially rental car companies and hotels, may cause an “authorization” or “hold” on such Company Card available balance for up to thirty (30) days. Until the transaction finally settles or we determine that it is unlikely to be processed, the funds subject to the hold will not be available to such Company Card for other purposes. We will only charge the Company Card for the correct amount of the final transaction, and we will release the hold on any excess amount when the transaction finally settles.

Negative Balance

Because a Company Card may be assessed transaction fees even if a transaction is declined, it is possible for a rejected transaction to cause such Company Card to have a negative account balance and be overdrawn. We do not extend credit, so if any Company Card becomes overdrawn, the Company agrees to pay us the overdrawn amount immediately without further demand through the process of withdrawing funds from the PreLoad Account. We may deduct any negative balance amounts from any current or future funds on this or any other Company Card maintained with us, whether a PreLoad Account or subsequent Company Cards. If the PreLoad Account has a zero or negative balance, we may, at our option, cancel the Lowe’s PreLoad Card Account and any Company Cards associated with your Lowe’s PreLoad Card Account without notice, and/or pursue collection of any negative account balance plus all costs of collection including attorney fees.

Refunds for Purchases Made with the Company Card

Any refund for goods or services purchased with the Company Card will be made in the form of a credit to the Company Card subject to the refund policy of Lowe’s. The Cardholder is not entitled to receive a cash refund.

Disputes with Merchants

We are not responsible for the delivery, quality, safety, legality or any other aspect of goods and services that the Cardholder purchases from others with a Company Card. All such disputes should be addressed to the Lowe’s location from where the goods and services were purchased.

Reversal of Transactions

Point of sale transactions cannot be reversed. If a Company Cardholder authorizes a transaction and then fails to make a purchase of that item as planned, the approval may result in a hold of funds equal to the estimated purchase amount, for up to seven (7) days.

Schedule of Fees and Charges

We will charge Company, and Company agrees to pay, the fees and charges set forth in

the Schedule of Fees and Charges below. Cardholder may also login via our Authorized Service Provider Website to view a complete list of fees. Unless otherwise stated, we generally deduct fees and charges from the PreLoad Account at the time a fee or charge is incurred. Such other fees and charges may be deducted from the Company Card incurring the fee. If a Cardholder request a service that is not included in the Schedule of Fees and Charges and there is a fee for such service, the fee will be disclosed at the time of the request, and the Company agrees that any such fee may be deducted from the PreLoad Account.

Fee Description

Explanation of Fee

Fee Amount

Frequency of Charge

Plastic Card Issuance - Replacement

If a Company Card is reported lost or stolen, such account will automatically be closed and remaining funds returned to the Company Vault. If Company requests replacement card, a one-time fee will be assessed.

$5.99

One time per replacement card

Expedited Shipping Fees

All Company Cards will be fulfilled using United States Postal Service at no cost. Karmic Labs will charge an additional fee if an administrator request expedited processing (2 business days) of a replacement or reissued Card.

$35.00

One time per card fulfillment request

Paper Statement

All statements are available electronically, at no cost, through our Authorized Service Provider Website. If a monthly paper statement is requested for any Cardholder; a fee will be assessed per Company Vault and Company Cardholder for each monthly paper statement requested and issued.

$10.99

Monthly per Company Vault and Company Cardholder*

Paper Statement - EComm

Withdrawal of E-Communications Consent. The E-Communication Statements are available electronically, at no cost, through our Authorized Service Provider Website: https://www.LowesPreLoad.com. A fee will be assessed if Company elects to withdraw from receipt of E- Communications Statements and, instead, requests a paper copy of E-Communications

$10.99

Per instance*

Paper Check Issuance Fee

Paper Check Issuance After Account Closure. If Company elects to close its Lowe’s PreLoad Account and remaining funds exist on either the Company Vault or any Company Cards, the Company may transfer all Lowe’s PreLoad account funds back to its financial institutional account electronically at no cost charge. However, a one-time fee will be assessed if Company requests remaining funds be mailed to Company in the form of a check.

$39.99

Per instance

* NO fee for statements made available electronically

Fees Matrix Assessed to the PreLoad Account

The following fees will be withdrawn from the PreLoad Account and will be assessed as long as there is a remaining balance on the Card Account(s), except where prohibited by law. Any time the remaining Card Account balance is less than the fee amount being assessed, funds from Company Cards will be returned to the PreLoad Account and the balance of the PreLoad Account will be applied to the fee amount.

Foreign Transactions

If a Cardholder obtain their funds (or make a purchase) in a currency other than U.S. dollars, the amount deducted from their funds will be converted by the Discover Card Association into U.S. dollars. The Discover Card Association will establish a currency conversion rate for this convenience using a rate selected by the Discover Card Association from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate the Discover Card Association itself receives, or the government-mandated rate in effect for the applicable central processing date, in each instance. Fees may apply for foreign transactions (see fee table).

Company Card Balance and Transaction History

The Company, the PreLoad Account Registrant and any Trusted Agent associated with the administration of the PreLoad Account on File and/or Cardholders can obtain information about the current available balance on any Company Card by calling 1 (855) 515-5214 or visiting https://www.LowesPreLoad.com or by accessing information on a mobile iOS or Android supported device. Company will not be assessed a fee to check any Company Card balance using our Authorized Service Provider automated technology. The desktop (https://www.LowesPreLoad.com) will display balance information, along with a 60-day history of account transactions on your PreLoad Account and all Company Cards, at no charge. The mobile application will display balance information along with a 60-day history of account transaction on the PreLoad Account Administrator and all Company Cards, at no charge. The PreLoad Account Administrator also has the right to obtain a 60-day written history of account transactions by calling 1 (855) 515-5214 or by writing our Authorized Service Provider at Karmic Labs – Customer Service, PO Box 411226, San Francisco, California, 94141-1226. Company may be assessed a fee for obtaining this written history (see “Schedule of Fees and Charges”).

Change in Terms

We may (a) amend or change the terms and conditions of this Agreement or (b) cancel or suspend any PreLoad Card Account or this Agreement at any time without prior notice to you, except as required by applicable law. We may revise this Agreement at any time without notification or consent of any Company Cardholder. Any future revisions will be binding upon Company and all Cardholders and effective immediately upon posting the revised Agreement on the Website. Continued use of any Company Card(s) and PreLoad Account constitutes your consent and acceptance of any revisions to the Agreement. If you do not accept an amendment or revision made to this Agreement, your sole and exclusive remedy is for the PreLoad Account Administrator or any Company’s Trusted Agents to cancel all Company Card(s) and close your PreLoad Card Account with us. You may also login to the Authorized Service Provider Website, https://www.LowesPreLoad.com, for the most up-to-date Agreement.

Cancellation and Suspension

We reserve the right, in our sole discretion, to limit your use of the PreLoad Card Account. We may refuse to issue a Company Card or may revoke PreLoad Card Account privileges with or without cause or notice other than as required by applicable law. The PreLoad Account Administrator or any of the Company’s Trusted Agents may cancel any Company Card by calling the Authorized Service Provider at 1 (855) 515-5214 or by logging into your Card Account via the Website https://www.LowesPreLoad.com. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Company Card. Our cancellation of PreLoad Card Account privileges will not otherwise affect your rights and obligations under this Agreement. If we cancel or suspend PreLoad Card Account privileges through no fault of yours, Company will be entitled to a refund of any remaining balance, as provided in this Agreement.

Company Card Expiration/Settlement

Subject to applicable law, Cardholders may use their Company Cards only through its expiration date, which is stated on the front of the Card. If they attempt to use their Company Cards or add funds to their Company Cards after the expiration date, the transactions may not be processed. If there is a balance remaining in any Company Card upon expiration, a new Company Card may be issued to the Company Cardholder. Cardholders must activate any newly issued Company Card in order to access the funds in their Company Card. If we choose not to issue a new Company Card to the Company Cardholder or if we cancel the Company Card for any reason, we will attempt to refund to Company the balance remaining in the Company Card less any amounts owed to us (e.g., fees and charges). The remaining balance will be returned to the PreLoad Account Administrator.

Information Given to Third Parties

We may disclose information (including personally identifiable information) to third parties about any PreLoad Account Administrator, Trusted Agents, Company Beneficial Owners (those owning 10% or greater stake in the Company), and Company Cardholder: (i) where it is necessary or helpful for completing a transaction; (ii) in order to verify the existence and condition of a Company Card for a third party (e.g., a merchant); (iii) in order to comply with any law or to comply with requirements of any government agency or court order; (iv) if you give us your written consent; (v) to service providers who administer your PreLoad Card or any Company Card or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; (vi) in order to prevent, investigate or report possible illegal activity; (vii) in order to issue authorizations for transactions on a Company Card; and (viii) as otherwise permitted by law.

No Warranty of Availability or Uninterrupted Use

From time to time, services related to Cardholder’s Lowe’s PreLoad Card may be inoperative. When this happens, Cardholder’s may be unable to use their PreLoad Account or a Company Card or obtain information about their PreLoad Card. Please notify us if any Company Cardholder has any problems using their Company 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.

Additional Risk Associated with Use of Business Purpose Cards

Company agrees it will be responsible for all authorized and unauthorized transactions made through the use of any Company Card, except as otherwise described in this Agreement. Cardholders will not have the benefit of any consumer law limiting liability with respect to the unauthorized use of a Company Card. This means liability for the unauthorized use of a Company Card could be greater than the liability in a consumer prepaid card transaction. You accept and agree to undertake the additional risk and greater measure of liability associated with the use of business purpose cards as described in the Agreement.

Discover Card Zero Liability Protection

With Discover’s Zero Liability Protection, the financial institution that issued your PreLoad Card in the U.S. and the prepaid program manager won’t hold you responsible for “unauthorized purchases.” Zero liability applies to purchases made in the store, over the telephone, made online, or via a mobile device. As a Discover cardholder you will not be responsible in the event of unauthorized purchases provided that the following preconditions are met:

If you believe there has been unauthorized use on your account and you meet the conditions above, rest easy knowing you have the protection of Discover’s Zero liability promise.

Lost or Stolen Company Card; Unauthorized Transactions or Errors

A Company Cardholder should protect his or her Company Card against theft, loss and unauthorized use with the same level of care that they use to protect the cash in their wallet. Unless otherwise required by law or PreLoad Card rules, we will not be liable for unauthorized transactions unless we failed to process the transaction in good faith and in compliance with commercially reasonable security procedures. Under PreLoad Card Rules, the Company, the PreLoad Account Registrant and any Trusted Agent associated with the administration of the PreLoad Account on File will not be liable for any unauthorized transactions using a Company Card you can demonstrate that the Company Cardholder has exercised reasonable care in safeguarding their Company Card from risk of loss or theft. You (or Company’s Trusted Agents) must notify us within two (2) days after the electronic statement was made available to you showing unauthorized transaction(s) in order to take advantage of any such limited liability provisions.

If a Company Card has been lost or stolen or believe someone has made an unauthorized transaction with a Company’s Company Card (or may attempt to use the Company Card without permission) or believe an error has occurred with the Company Card, Cardholder agrees to notify us IMMEDIATELY at 1 (855) 515-5214. This verbal notification must then be promptly confirmed by a written notice to us at Karmic Labs – Customer Service, PO Box 411226, San Francisco, California, 94141-1226. When the Cardholder notify us, they must provide Company’s name, Cardholder’s name, Company Card number and other identifying details, and describe the error or transaction that they dispute (if applicable). We will cancel the Company Card, and if our records show that available funds remain in the Company Card, we will issue them a replacement Company Card loaded with the remaining value. There may be a fee associated with ordering a replacement Card (see “Schedule of Fees and Charges” above). We reserve the right in accordance with applicable law to decline to issue the Company Cardholder a replacement Company Card. The Company, the PreLoad Account Registrant and any Trusted Agent associated with the administration of the PreLoad Account on File agree to assist us in determining the facts relating to any possible unauthorized use or error associated with the Company Card, and to comply with the procedures we may require for our investigation.

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(S) OR CARD ACCOUNT, OR RELATING TO OR ARISING OUT OF THIS AGREEMENT AND THE SERVICES CONTEMPLATED HEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

We shall have no liability to you if we are unable to complete a transaction for any reason 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. This provision shall not be effective to the extent prohibited by law. Questions. The Authorized Card Servicer, as the third party that administers the Card program, is responsible for customer service and for resolving any errors in transactions made with your Card. If you have questions regarding your Card, you may call 1 (855) 515-5214 or write Karmic Labs – Customer Service, PO Box 411226, San Francisco, California, 94141-1226, or visit our Website, https://www.LowesPreLoad.com.

Communications

We may contact you from time to time regarding your PreLoad Card Account. We may contact you in any manner we choose unless the law says that we cannot. For example, we may:

(1) contact you by electronic communications; (2) contact you by mail, telephone, email, fax, recorded message, text message or personal visit; (3) contact you by using an automated dialing or similar device (“Autodialer”); (4) contact you at your home and at your place of employment; (5) contact you on your mobile telephone; (6) contact you at any time, including weekends and holidays; (7) contact you with any frequency; (8) leave prerecorded and other messages on your answering machine/service and with others; and identify ourselves, your relationship with us and our purpose for contacting you even if others might hear or read it.

Our contacts with you about your PreLoad Card Account are not unsolicited and might result from information we obtain from you or others. We may monitor or record any conversation or other communication with you. Unless the law says we cannot, we may suppress caller ID and similar services when contacting you regarding your PreLoad Card Account. When you give us your mobile telephone number, we may contact you at this number using an autodialer and can also leave prerecorded and other messages.

If you ask us to discuss your PreLoad Card Account with someone else, you must provide us with authorizing documents that we ask for and that are acceptable to us.

Notification of Changes

If the Company, the PreLoad Account Registrant and any Trusted Agent associated with the administration of the PreLoad Account on File U.S. mail or postal address, or your email address or telephone number changes, you must notify us immediately. Failure to do so may result in information regarding the PreLoad Card being delivered to the wrong person or Company Card transactions being declined. In such event, we shall not be responsible for any resulting misuse of funds available in any Company Card. Company must notify us immediately in the event of the insolvency, receivership, conservatorship, bankruptcy or reorganization of Company or change in principal owners. Company must also notify us immediately in the event of the insolvency or bankruptcy of any guarantor of the PreLoad Card Account. Company’s Company Card(s) and PreLoad Card Account may be terminated by us in the event a change of control, reorganization, restructuring, conversion, consolidation, division or merger of Company. We may require at our discretion that any new owner or principal of the Company to be a guarantor of the PreLoad Card Account. Any notice given by us shall be deemed given to you if delivered to you at the last email or mailing address for the Card Account furnished by you. You agree that we may accept changes of address from the U.S. Postal Service. You also agree that if you attempt to change your address to a non-U.S. address, your PreLoad Card Account may be cancelled and funds returned to you in accordance with this Agreement. We reserve the right to request copies of certain information that will allow us to confirm the identify Company, PreLoad Account Administrator and Trusted Agents. Information may include, but is not limited to; address, corporate organizational documents and certificates, and federal employer identification number (EIN). Personal information which may be collected from Company’s principal owners, representatives authorized to act on behalf of Company, and Cardholders includes, but is not limited to; name, address, phone number, date of birth, social security number or individual taxpayer identification number (ITIN), driver’s license and/or passport.

Governing Law, Court Proceedings, Damages, Arbitration

Except as set forth in the Waiver of Jury Trial and Arbitration Agreement below, (1) this Agreement will be governed by, construed and enforced in accordance with federal law and the laws of the State of Minnesota; (ii) any action or proceeding with respect to this Agreement or any services hereunder shall be brought only before a federal or state court in the State of Minnesota; and (iii) the Company, or any of the Company’s Trusted Agents, agrees to pay upon demand all of our costs and expenses, including attorney fees, incurred in connection with the enforcement of this Agreement. If we are served garnishments, summonses, subpoenas, orders or legal processes of any type, we are entitled to rely on the representations therein and may comply with them in our own discretion without regard to jurisdiction. We may charge you the costs of compliance, including reasonable attorney fees, with all such requests if permitted by applicable law.

PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. UNLESS WE EXERCISE OUR RIGHT TO OPT-OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY TRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED FOR IN THE ARBITRATION RULES), AND TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR IN ANY CONSOLIDATED ARBITRATION PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE IN ARBITRATION.

Agreement to Arbitrate

The Company, or any of the Company’s Trusted Agents, and we (defined below) agree that any Dispute (defined below) will be resolved by Arbitration, unless we elect to opt out of Arbitration by filing an initial action in any court of competent jurisdiction. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and the substantive law of the State of Minnesota (without applying its choice-of-law rules).

What Arbitration Is

Arbitration” is a means of having an independent third party resolve a Dispute. A “Dispute” is any claim or controversy of any kind between you and us. The term Dispute is to be given its broadest possible meaning and includes, without limitation, all claims or demands (whether past, present, or future, including events that occurred prior to your application for a PreLoad Card and whether or not a PreLoad Card is provided to you, based on any legal or equitable theory (contract, tort, or otherwise) and regardless of the type of relief sought (i.e., money, injunctive relief, or declaratory relief). A Dispute includes, by way of example and without limitation, any claim based upon a federal or state constitution, statute, ordinance, regulation, or common law, and any issue concerning the validity, enforceability, or scope of this arbitration agreement.

For purposes of this arbitration agreement, the terms “you” and “your” include any PreLoad Account Administrator, Trusted Agents, and Cardholders and also your heirs, guardian, personal representative, or trustee in bankruptcy. The terms “we,” “our,” and “us” mean the Bank and include employees, officers, directors, members, managers, attorneys, affiliated companies, predecessors, and assigns the Bank as well as the marketing, servicing, and collection representatives and agents of either or both.

How Arbitration Works

If a Dispute arises, the party asserting the claim or demand must initiate arbitration, provided you or we may first try to resolve the matter informally or through customary business methods, including collection activity. The party filing an arbitration complaint must choose either of the following arbitration firms for initiating and pursuing arbitration: The American Arbitration Association (“AAA”) or JAMS, The Resolution Experts. If the parties mutually agree, a private party, such as a retired judge, may serve as the arbitrator. If you claim you have a Dispute with us, but do not initiate arbitration or select an arbitrator, we may do so. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating arbitration by contacting them as follows:

American Arbitration Association 1633 Broadway, 10th Floor New York, NY 10019 Web site: www.adr.org Telephone (800) 778-7879

JAMS, The Resolution Experts 1920 Main Street, Suite 300 Irvine, CA 92614 Web site: www.jamsadr.com Telephone (949) 224-1810 or (800) 352-5267

In the event both AAA and JAMS are unavailable to decide a Dispute, the parties agree to select another neutral party experienced in financial matters to decide the Dispute. If such an independent arbitrator cannot be found, the parties agree to submit any Dispute to a state or federal judge, sitting without a jury, for resolution on an individual and not a class- wide basis.

The policies and procedures of the selected arbitration firm will apply provided such policies and procedures are consistent with this arbitration agreement. To the extent the arbitration firm’s rules or procedures are different than the terms of this arbitration agreement, the terms of this arbitration agreement will apply.

Arbitration Costs

The parties must pay their respective filing fees and other costs or fees of arbitration.

Location of Arbitration

The arbitration will be conducted in the county where you reside unless we elect, in our sole discretion, for the arbitration to be conducted in Minneapolis, MN. We must notify you within ten (10) business days of a notice of arbitration if we choose to conduct the arbitration in a location other than the county where you reside. We and you may also mutually agree to a different location for the arbitration.

Waiver of Rights

You are waiving your right to a jury trial, to have a court decide your Dispute, to participate in a class action lawsuit, and to certain discovery and other procedures that are available in a lawsuit. You and we agree that the arbitrator has no authority to conduct class-wide arbitration proceedings and is only authorized to resolve the individual Disputes between you and us. The validity, effect, and enforceability of this waiver of class action lawsuit and class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by the AAA, JAMS, or any other arbitrator. If such court refuses to enforce the waiver of class-wide arbitration, the Dispute will proceed in court and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit. The arbitrator has the ability to award all remedies available by statute, at law, or in equity to the prevailing party.

Applicable Law and Review of Arbitrator’s Award

The arbitrator shall apply applicable federal and Minnesota substantive law and the terms of this Agreement. The arbitrator must apply the terms of this arbitration agreement, including without limitation, the waiver of class-wide arbitration. The arbitrator shall make written findings and the arbitrator’s award may be filed with any court having jurisdiction. The arbitration award shall be supported by substantial evidence and must be consistent with this Agreement and with applicable law, and if it is not, it may be set aside by a court. The arbitration award shall be binding unless grounds exist under the Federal Arbitration Act for vacating, modifying, or correcting an award.

Survival

This arbitration provision shall survive: (1) cancellation, payment, charge-off, or assignment of this Agreement; (2) the bankruptcy of any party; and (3) any transfer, sale, or assignment of this Agreement, or any amounts owed under this Agreement, to any other person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this arbitration provision, the Agreement or any prior agreements you may have had with us, each of which shall be enforceable regardless of such invalidity.

Attorney Fees and Costs

You agree to pay all costs incurred by us or our successors or assigns in collecting unpaid indebtedness or in enforcing this Agreement, including attorneys’ fees and costs, as well as those costs, expenses and attorney's fees incurred in appellate, bankruptcy, and post- judgment proceedings, except to the extent such costs, fees, or expenses are prohibited by applicable law.

Assignability

We may assign or transfer our rights and obligations under this Agreement at any time without prior notice to you. The PreLoad Card and your obligations under this Agreement may not be assigned by you. Notwithstanding the foregoing, this Agreement shall be binding on you and your heirs, your executors, administrators, guardians, personal representatives, or trustee in bankruptcy.

Miscellaneous Provisions

When any provision in this Agreement states that we may take certain actions, we may do so in our sole discretion. We do not waive our rights by delaying or failing to execute them at any time. To the extent permitted by law and as permitted by the Waiver of Jury Trial and Arbitration above, the Company, or any of the Company’s Trusted Agents, agree to be liable to us for any loss, costs, or expenses that we may incur as a result of any dispute or legal proceeding involving the Lowe’s PreLoad Card. If a court finds any provision of this Agreement invalid or unenforceable, such finding shall not make the rest of this Agreement invalid or unenforceable. To the fullest extent possible, any such provision shall be deemed to be modified so as to be rendered enforceable or valid; however, if such provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable.

Customer Service For all customer service information regarding the Lowe’s PreLoad Card, please contact: 1 (855) 515-5214 or Karmic Labs – Customer Service PO Box 411226, San Francisco, California, 94141-1226

This Agreement is effective July 31, 2017.

FACTS:

What does Sunrise Banks, N.A. 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 collect, share and protect your personal information. Please read this notice carefully to understand what we do.

WHAT?

The type of personal information that we collect and share depend on the product or service you have with us. This can include:
  • Social Security Number and Date of Birth
  • Address of Residence and Government Issued Identification
  • Transaction History
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 Sunrise Banks, N.A. chooses to share; and whether you can limit the sharing.
Reasons we can share your personal information Does Sunrise Banks, N.A. Share? Can you limit this sharing?
For our everyday business purposes – such as to process your transaction, 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. Yes No
For our affiliates’ everyday business purposes – information about your creditworthiness. No We don't share
For our affiliates to market to you. No We don't share
For non affiliates to market to you. No We don't share
Questions? Call 1-855-515-5214
Who we are
Who is providing this notice? Sunrise Banks, N.A.
What we do
How does Sunrise Banks, N.A. 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.
How does Sunrise Banks, N.A. collect my personal information? We collect personal information, for example, when you
  • Open a Card Account or use your card
  • Pay your bills or make a note
  • 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? Fereal law gives you the right to limit only:
  • Sharing for affiliates everyday business purposes- information about your creditworthiness,
  • 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 nonfinancial companies.
  • Our affiliates include financial companies such as University Financial Corp. dba Sunrise Banks.
  • Non affiliates Companies not related by common ownership or control. They can be financial or nonfinancial companies
  • Sunrise Banks, N.A. does not share with nonaffiliates 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 prepaid card companies