CARDHOLDER AGREEMENT AND DISCLOSURE

 The Americas Visa® Payroll Card

IMPORTANT—PLEASE READ CAREFULLY

This Cardholder Agreement and Disclosure (this “Agreement”) covers your rights, our rights, and rights of our affiliates and representatives, relating to your election to participate in the The Americas Visa® Payroll Card Program (the “Program”), and the issuance to you, and your use of, The Americas Visa® Payroll Card  (the “Card”). The Americas Card is a prepaid Visa® card issued by Palm Desert National Bank pursuant to a license from Visa U.S.A. Inc. In this Agreement, “You” and “Your” means the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. “We”, “Us” and “Our” mean The Americas Card, TAC Financial, Inc., our successors, affiliates or assignees or Palm Desert National Bank.

By using, or authorizing any other person to use, your Card, you hereby understand and agree to the following terms and conditions:

1. Receipt of Payment via the Card. Your company or employer (your “Company”) will transfer funds (the “Funds”) due to you, to an account maintained at a depository institution appointed by us as a service provider (the “Bank”).  We will only appoint a Bank that is a member of the Federal Deposit Insurance Corporation (the “FDIC”) to hold your Funds. You can in turn access your Funds through your use of the Card.
2. Availability of Funds. Your Funds will become available to you through the use of the Card after your Company has transferred those Funds to the Bank. You may use your Card to access Funds only to the extent that you have available Funds. You can call us at 1-877-202-CARD (2273) to determine whether the transfer has occurred or to get your current card account balance.
3. No Interest on Your Funds. You will not receive any interest on your Funds while the Funds are held by the Bank.
4. Card Services. We generally offer the following services to Cardholders (“Cardholder Services”):
   • Automated Teller Machine (“ATM”) Services. You may use your Card to access your Funds at an ATM that bears the network marks Visa®, PLUS®, STAR®, NYCE®,  that appear on the back of your Card or to inquire about the amount of Funds available to you.
   • Merchant Services. You may use your Card to purchase goods and services at any retail or other establishment that accepts Visa® debit cards for payment or displays the network marks that appears on the back of your Card.
5. Fees. Fees applicable to your use of the Card are set forth on the attached TAC Rate Card. TAC Financial, Inc. will provide you written notice of a change in fees at least thirty (30) days prior to the effective date of such change.
6. Personal Identification Number (“PIN”). You create a confidential PIN, which will enable you to identify yourself when using your Card. Your PIN is a security feature that functions as your signature, identifying you as the proper user of the Card and authorizing any transaction that you make through the Card. It is solely your responsibility to not reveal your PIN to unauthorized users of the Card and you assume full responsibility for any and all transactions made through your Card with the use of your PIN. If you voluntarily give your Card and/or PIN to another person, you have authorized such person to use your Card and access your Funds, and you will be responsible for their use of your Card.
7. Receipts at Electronic Terminals. You should receive a receipt at the time you use your Card at an ATM, or to purchase goods or services through a merchant at a retail or other establishment.
8. Periodic Card Statements. Under the Electronic Fund Transfer Act, you can request periodic statements showing your balance and transactions done using your Card. You can choose to receive the following information in paper form or electronically:
   • Monthly statements, unless there are no transactions through your Card during a particular month.
   • Amendments to this Agreement, including, without limitation, any changes in the Cardholder Services Schedule and fees set forth thereon or any other terms or conditions of your use of the Card; and
   • All other disclosures, notifications and information relating to the Card and the terms of your use of the Card.
9. Your liability for unauthorized Transfers. You shall notify us immediately if you believe that your Card has been lost or stolen or that an unauthorized person has learned your PIN or Card number. Telephoning us is the best way of minimizing your possible losses. You could lose all of your Funds if you fail to notify us promptly. If you notify us within two (2) business days, you can lose no more than $50.00 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card, and if we can prove that we could have prevented someone from using your Card without permission if you had promptly notified us, you could lose up to $500.00 of your Funds. You shall notify us immediately if your Card statement shows transfers or transactions that you did not make or authorize. If you do not notify us within sixty (60) days after the statement was delivered to you and if we can prove that we could have prevented someone from withdrawing or using your Funds if you had notified us in time, you may not get back any Funds withdrawn by an unauthorized user.
10. Our Liability for Failure to Complete Transactions. If we do not properly complete a Card transaction for you on time and in the correct amount, we could be liable for your losses or damages. However, there are some exceptions:
    • If through no fault of our own, you do not have adequate Funds available to complete the transaction;
    • If an ATM where you are making a withdrawal does not have enough cash;
    • 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;
    • If circumstances beyond our control (such as fire, flood or communications or computer failure) prevent the completion of the transaction, despite our reasonable efforts;
    • If access to your account has been blocked after you have reported your Card lost or stolen;
    • If a merchant refuses to accept your card;
    • If there is a hold on your Funds at the Bank for any reason;
    • If your Funds are subject to legal process or other encumbrance restricting its transferability; or
    • If your transfer authorization terminates by operation of law.
      There may be other applicable exceptions not listed above, but stated elsewhere in other agreements between you and us.
11. Error Resolution. In case of errors or questions about Card transactions or if you need more information about a transaction listed on a statement or receipt, please notify us as soon as possible.  You can notify us by telephone at 1-877-202-CARD(2273) or by mail at:
    4080 Paradise Rd. Suite 15-130
    Las Vegas, Nv. 89169
    
    We must hear from you no later than sixty (60) days after we sent you the first statement on which the problem or error appeared. When you notify us:
    • Tell us your name and Card number.
    • Describe the error or transaction that you are unsure about, and explain as clearly as possible why you believe that it is an error or why you need more information.
    • Tell us the dollar amount of the suspected error and where and when the transaction took place. If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
    • Within ten (10) business days after we hear from you, we will determine whether an error occurred, and if so, we will correct the error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time that it takes us to complete our investigation. If we ask you to put your complaint or questioning in writing and we do not receive it within ten (10) business days, we may not so credit your account.
    • We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. We may debit your Funds at the Bank with the amount that we credited your Funds during our investigation of your complaint or question. You may ask for copies of the documents that we used during our investigation.
12. Confidentiality. We may disclose information to third parties about your Card transaction history:
    • Where it is necessary for completing transactions;
    • In order to verify the existence and conditions of your Card and Funds for a third party, such as a credit bureau or merchant;
    • In order to comply with government agency or court orders, or other legal reporting requirements; or
    • If you give us your written permission.
    Within our organization and with respect to the Bank, we may share your personal information as well as information concerning your Card transaction history. Other information you have given us in connection with obtaining a Card, or information we may receive from other third party, also may be shared within our organization, with the Bank and certain other parties. Please see our Privacy Policy for additional information in this regard.
13. Business Days. Our business days are Monday through Friday, 8:00 am – 5:00 pm, PST, with the exception of any state or federal banking holidays.
14. Cancellation. You may cancel your Card and this Agreement at any time by notifying your Company or by contacting us directly. In addition, we may cancel this Agreement, the Card and the related services at any time, which cancellation will be effective upon two (2) days’ prior written notice to you or to your Company.
15. Amendment. We may amend or change the terms of this Agreement at any time and from time to time. We will notify you thirty (30) days prior to the effective date of any such changes.
16. Severability. In the event that any provision of this Agreement is determined to be invalid, illegal or unenforceable, such determination shall not affect the other provisions of this Agreement.
17. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Nevada and any actions or preceding with respect to this Agreement or any services hereunder shall be brought only before a federal or state court in the State of Nevada.