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(“ATM”). Automated Clearing House (“ACH”) transfers, wire
transfers, checks or other in-bank transactions are not
authorized methods of accessing the credits or other value on
the Card(s).
Some transactions will require our prior authorization and you
may be asked to provide identification and/or other
information prior to being able to authorize a transaction, even
if you have sufficient credits or value available. We are not
responsible for any losses or other consequences if a
transaction on your Card(s) is not approved for any reason,
even if you have sufficient credits or value available. Except
Flying J Owner-Operator as otherwise required by applicable law, we will not be
responsible if: (a) any merchant refuses to honor the Card(s);
MasterCard® Prepaid Card (b) an authorized transaction or transfer is rejected due to
insufficient credits or other value stored on a Card or
Additional Card(s); (c) the value on any Card or Additional
Card(s) is blocked from access by legal proceedings or
otherwise subject to a hold; (d) an ATM where you are
making a transaction does not have sufficient cash available or
CARDHOLDER does not operate correctly; (e) circumstances beyond our
control prevent the transfer, despite any reasonable
precautions that we have taken; (f ) when starting the
AGREEMENT transaction or transfer, you do not give your correct personal
identification number (“PIN”), as such PIN is defined and kept
only by you or an Additional Cardholder(s); (g) the Card or
Additional Card(s) has deteriorated or been damaged so that it
does not function properly; (h) you are in default of the terms
WELCOME TO TRANSPORTATION ALLIANCE and conditions of this Agreement; (i) the transfer would not be
BANK INC. within the limits described in this Agreement; (j) you or we
The use of the Flying J Owner-Operator MasterCard® Prepaid have terminated this Agreement or canceled your Card or
Card(s), including the use of any additional, renewal or Additional Card(s); (k) your Card, any Additional Card(s) or
replacement cards (collectively the “Card” or “Cards”), and any PIN has been reported lost or stolen; or (l) any other
the use of any service provided in connection therewith problems that may occur with the Card or an Additional
(collectively the “Card or Cards”) constitutes acceptance of Card(s) and any exceptions set forth in this Agreement or as
this Cardholder Agreement, the Flying J Owner-Operator permitted or required by applicable law.
Application (“Application”) and all statements and other
documentation related thereto (collectively the “Agreement”). ADDITIONAL CARDHOLDERS
As used herein, “TAB”, “Bank”, “we” and “our” shall refer to Additional Cardholder(s) are authorized users on your Flying J
Transportation Alliance Bank Inc., and “you”, “your” and Owner Operator MasterCard® Prepaid Card, and the Card(s)
“yours” shall refer to the business entity or entities named on issued to them may be cancelled by you or us at any time. You
the Application, and any other person or entity who agrees to must notify us pursuant to this Agreement to revoke an
be liable on the Card(s). You must also certify that you are Additional Cardholder(s)’s authorization to use the Card and
duly organized or incorporated, validly existing and in good any such Additional Card(s) must be destroyed or returned to
standing under the laws of the state in which you are us. You are responsible under this Agreement for all use of
organized or incorporated and that the Card(s) shall at no time your Flying J Owner Operator MasterCard® Prepaid Card by
be used for any purposes other than bona fide commercial any Additional Cardholder(s) and by anyone else you or an
business purposes made in the ordinary course and scope of Additional Cardholder(s) allows to use the Card, even if you
your current business. did not intend for an Additional Cardholder(s) or other person
to use the Card(s) for any transactions.
ACCESS AND AUTHORIZATIONS
Upon your request and in accordance with the terms and You authorize us to provide Additional Card information to
conditions of this Agreement, we will add credits or other any Additional Cardholder(s) and to discuss an Additional
value to your Card or any Card(s) issued by us to an Card(s) with them. Furthermore, you agree to notify each
authorized user (“Additional Card(s)”). Credits or other value Additional Cardholder(s), at the time he or she becomes an
on any Card or Additional Card(s) may be accessed to obtain Additional Cardholder that we may receive, record, exchange
goods and services from any business or merchant who and use information about him or her in the same manner we
accepts the Card and through Automated Teller Machines do with information about you, as described herein.
Page 1 of 6 30016 0310
USE OF THE CARD(S) AND PROMISE TO PAY ADVISORY AGAINST ILLEGAL USE - INTERNET
You may use your Card(s) to make purchases or to obtain cash GAMBLING
by any means approved by us, however, any use of the Card or Certain transactions are prohibited from being processed
Additional Card(s) is limited to the value stored on such Card through your account or other relationship with Transportation
or Additional Card(s) (minus any value stored that is subject Alliance Bank under the Unlawful Internet Gambling
to a hold due to a preauthorization or any other reason). You Enforcement Act of 2006 (“Act”) and related regulations that
hereby promise to pay: (a) any and all transaction or transfer have been issued by the Board of Governors of the Federal
amounts by which we, in our sole discretion and without any Reserve System and the United States Department of The
further obligation, allow to occur which exceed the value Treasury (“Regulation GG”). Transportation Alliance Bank is
stored on any Card or Additional Card(s); (b) any and all also required by the Act and Regulation GG to inform its
applicable fees, charges and assessments as specifically commercial customers of this restriction. The transactions
described in the Flying J Owner Operator MasterCard® which are prohibited are the following transactions or
Prepaid Card Fee Schedule (“Fee Schedule”), included with transmittals involving any credit, funds, instrument or
this Agreement or available on our Internet Website at proceeds that the Act prohibits any person engaged in the
www.tabbank.com for the issuance, maintenance and use of business of betting or wagering (except for the activities of a
the Card and all Additional Card(s); and (c) all collection costs financial transaction provider, or any interactive computer
and attorney’s fees permitted by applicable law if your Card or service or telecommunications service) from knowingly
any Additional Card(s) should go into default. You accepting, in connection with the participation of another
acknowledge and agree that we may immediately deduct any person in unlawful Internet Gambling: 1) Credit, or the
amounts you owe us under this Agreement from any credits or proceeds of credit, extended to or on behalf of such person
other value that is stored on, added to or to be transferred to (including credit extended through the use of a credit card); 2)
your Card or any Additional Card(s). You further agree that An electronic fund transfer, or funds transmitted by or through
this promise includes any and all amounts for which you or an a money transmitting business, or the proceeds of an
Additional Cardholder(s) intended to incur, even if you or the electronic fund transfer or money transmitting service, from or
Additional Cardholder(s) have not signed a transaction slip, on behalf of such other person; 3) Any check, draft, or similar
form or receipt or presented the Card or Additional Card(s). instrument that is drawn by or on behalf of such other person
You and any person liable on the Card(s) agree to be jointly and is drawn on or payable at or through any financial
and individually responsible for any and all payment and institution.
performance obligations set forth herein in this Agreement. If
you fail to pay any amounts owed to us under the terms of the Internet gambling will generally be deemed to be unlawful
Cardholder Agreement, we reserve the right, without prior unless it is expressly authorized by license issued by an
notice, to offset any and all amounts owed to us against any appropriate State or Tribal authority. You agree not to use
other accounts held at the Bank. your Card for illegal gambling or other illegal purpose.
Display of a payment card logo by, for example, an online
LIMITATIONS ON USING YOUR CARD(S) merchant does not necessarily mean that transactions are
1) You must select “Credit” when using your Card(s) at self- lawful in all jurisdictions in which the cardholder may be
service point-of-sale. located.
2) When the Card(s) is used for “Pay at the Pump” gasoline
transactions, a minimum of Twenty Dollars ($51) must be FUNDS AVAILABILITY
available on the Card or Additional Card(s). You acknowledge and agree that any value or credits stored on
3) You must select “Debit Card” or “Checking” when using a Card or Additional Card(s) (as such term is defined herein)
your Card(s) for an ATM cash withdrawal. shall not be held by us in a checking or other asset account.
4) When the Card or Additional Card(s) is used for rental car No interest will be paid on the balances transferred or applied
transactions an additional fifteen percent (15%) will be to your Card or Additional Card(s).
added to the merchant authorization until the authorization
is settled. Our policy is to delay the availability of funds if you choose to
5) There is no daily limitation on adding credits or other value add credits or other value on the Card(s). During the delay the
on the Card or Additional Card(s) if the method used for credits or other value will not be made available for any card
adding such value is completed by direct deposit or transactions. Please remember that even after we have made
electronic funds transfer, i.e. wire or Automated Clearing funds available to you, and you have withdrawn funds, you are
House (“ACH”); Guaranteed Industry Checks such as still responsible for checks that are returned to us unpaid and
ComCheck®, T-Chek®, EFS® Check, or TCH Check; for any other problems involving your loading your Card(s)
Western Union; or if a check is mailed directly to with checks.
Transportation Alliance Bank, PO Box 150210, Ogden UT
84415-9912. Flying J Gift Cards shall have a card transfer The length of the delay is counted in business days from when
limit of One Thousand Dollars ($1,000) per day. you choose to add credits or other value on the Card(s). Each
6) Daily cash withdrawal limit must be set by you for each day is a business day except Saturdays, Sundays, and federal
cardholder. This includes ATM withdrawals and cash holidays. If you choose to add credits or other value on the
advances from bank tellers.
Page 2 of 6 30016 0310
Card(s) before 2:00 P.M. MT on a business day that we are time periods that are described elsewhere in this disclosure for
open, we will consider that day to be the day of your funding. the type of check used to fund your Card(s).
However, if you choose to add credits or other value on the
Card(s) after 2:00 P.M. MT or on a day we are not open, we LONGER DELAYS MAY APPLY
will consider that the funding was made on the next business Checks that you use to load your Card(s) may be delayed for a
day we are open. The length of the delay varies depending on longer period under the following circumstances:
the type of funding and is explained below.
• We believe a check will not be paid
SAME-DAY AVAILABILITY • You load checks totaling more than $5,000 on any one
Funds from electronic direct deposits to your prepaid card will day
be available on the day we receive the funding. • You choose to add credits or other value on the Card(s)
with a check that has been returned unpaid
NEXT-DAY AVAILABILITY • You have overdrawn your Card(s) repeatedly in the past
Funds from the following are available on the first business six months.
day after the day of your funding: • There is an emergency, such as failure of computer or
• U.S. Treasury checks that are payable to you communications equipment
• Wire transfers
• Checks drawn on Transportation Alliance Bank Inc. We will notify you if we delay your ability to use funds for
any of these reasons, and we will tell you when the funds will
If you choose to add credits or other value on the Card(s) in be available. They will generally be available no later than the
person, funds from the following sources are also available on seventh business day after the day of your funding.
the first business day after the day of your funding:
• Cash SPECIAL RULES FOR NEW CUSTOMERS
• State and local government checks that are payable to you If you are a new customer, the following special rules will
• Cashier’s, certified, and teller’s checks that are payable to apply during the first thirty (30) days your card(s) is active.
you • Funds from electronic direct deposits to your card(s) will
• Federal Reserve Bank checks, Federal Home Loan Bank be available on the day we receive the funds
checks, and postal money orders, if these items are • Funds from cash, wire transfers, and the first $5,000 of a
payable to you. day’s total funding of cashier’s, certified, teller’s,
traveler’s, and federal, state and local government checks
If you choose to add credits or other value on the Card(s) other will be available on the first business day after the day of
than in person (for example, if you mail the check), these your funding if certain conditions are met. For example,
funds will be available on the second business day after the the checks must be payable to you. The excess over
day we receive your funding. $5,000 will be available on the ninth business day after
the day of your funding. If you choose to add credits or
OTHER CHECKS other value on the Card(s) with checks (other than a U.S.
The delay for other checks depends on whether the check is Treasury check) and this addition is not made in person,
drawn on a US or foreign bank. the first $5,000 will not be available until the second
business day after the day of your funding.
Our policy is to make funds available as follows: • Funds from all other checks will be available on the tenth
• US bank checks. The first $100 of funds on a Card(s) business day after the day of your funding.
funded by US bank checks will be available on the first
business day after the day of your funding. The remaining ON-LINE TRANSACTION HISTORY
funds will be available on the second business day after You may view your Card(s) transactions and the addition of
the day of your funding. For example, if you choose to any credits or other value stored on your Card or Additional
add credits or other value on the Card(s) with a US bank Card(s) at any time on our Internet Website at
check of $700 on a Monday, $100 is available on www.tabbank.com.
Tuesday. The remaining $600 is available on Wednesday.
• Foreign bank checks. If you choose to fund the Card(s) You agree that we may update your Flying J Owner-Operator
with a check drawn on a foreign bank, the funds will not MasterCard® Prepaid Card and Statement Information in the
be available for card transactions until the funds are event that we receive information that your Statement
collected from the foreign bank. Information has changed or is incorrect.
If we accept a check that is drawn on another US bank, we CANCELING YOUR CARD(S)
may make those funds available for card transactions You can cancel or close your Flying J Owner-Operator
immediately but delay your availability to withdraw a MasterCard® Prepaid Card by notifying us in writing and you
corresponding amount of funds that you have on deposit in must destroy your Card and all Additional Card(s) or return
another account with us. The funds in the other account would the Card(s) to us at Transportation Alliance Bank, Inc.,
then not be available for withdrawal until the expiration of the
Page 3 of 6 30016 0310
information that you are unwilling or unable to perform the
Cardholder Services, P.O. Box 150210, Ogden, Utah 84415- terms or conditions of this Agreement; or (h) your moving out
9912. You may obtain the credits or other value stored on the of the U.S. or Canada.
Card(s) less any fees and other amounts due and owing to us,
for a period of six (6) months after the Card(s) expires or is In the event of your default, we have the right to terminate or
canceled. Upon cancellation of the Card(s), you must suspend your Card(s), to change the terms of your Card(s) and
immediately pay everything you owe us arising from the use this Agreement, to require you to pay any and all outstanding
of the Card or Additional Card(s). All outstanding amounts amounts you owe to us, including all accrued but unpaid
owed to us may be assessed an Interest Charge per month or charges, fees and assessments, and to sue you for what you
an over the limit fee. owe. You agree to pay our court costs, reasonable attorneys’
fees and other collection costs and out-of-pocket expenses
SUSPENSION AND CANCELLATION related, either directly or indirectly, to your default to the
In addition to any other actions we may take under this extent permitted by applicable law. Upon default, we will
Agreement, we may, subject to applicable law and at our sole apply any payments, credits or other value stored on or
discretion and judgment: (a) suspend or cancel your Card(s) or transferred to your Card or any Additional Card(s) first to
any feature offered in connection with your Card(s); and/ or attorneys’ fees, collection costs and out-of- pocket expenses
(b) suspend or cancel the authorization of any Additional and then to any fees, charges and assessments allowable in
Cardholder(s) to effectuate transactions on or to your Flying J accordance with the terms and conditions set forth herein in
Owner-Operator MasterCard® Prepaid Card, at any time, with this Agreement. We can cancel your Card(s), refuse to allow
or without cause, whether or not your Flying J Owner- further transactions, or revoke your Card or any Additional
Operator MasterCard® Prepaid Card is in default and without Card(s) at any time.
giving you notice. Any such action on our part will not cancel
your obligation to pay all amounts due on your Card(s) under FOREIGN TRANSACTIONS
the terms of this Agreement in effect at the time of such action In the event that a transaction or transfer is effectuated in a
or as subsequently amended, and you agree to pay us all such currency other than U.S. dollars, MasterCard® International
amounts despite any such action. We may advise third parties Incorporated will convert the credits or other value into a U.S.
who accept the Card that the Card(s) issued to you and/or any dollar amount using its currency conversion procedure, which
Additional Cardholder(s) has been cancelled. In the event that procedure is disclosed to institutions that issue MasterCard®
we cancel your Card, Additional Card(s) or any such Card(s) cards. Currently, the conversion rate used by MasterCard®
expire, you may no longer use the Card(s) and you must International to determine the transaction amount in U.S.
destroy such Card(s) or return the Card(s) to us or, if we dollars for transactions is generally either a government-
request, to a third party. If you want to cancel the Card or any mandated rate or a wholesale rate determined by MasterCard®
Additional Card(s), you must notify us in writing pursuant to International for the processing cycle in which the transaction
the terms and conditions set forth herein and destroy or return is processed, increased by an adjustment factor established
the Card(s). If we agree to reinstate your Flying J Owner- from time to time by MasterCard® International. The currency
Operator MasterCard® Prepaid Card after a cancellation, the conversion rate used by MasterCard® International on the
new Agreement we send you, or if we do not send you a new processing date may differ from the rate that otherwise might
Agreement, this Agreement as it may be amended, will govern have been used on the purchase date or the transaction posting
your reinstated Card(s). If we reinstate your Card, we may date as listed on the billing statement.
reinstate any Additional Card(s) issued in connection with the
Flying J Owner-Operator MasterCard® Prepaid Card, and bill UNAUTHORIZED USE, LOST OR STOLEN
you the applicable fee(s).
CARD(S) AND/OR PINS
You must notify us immediately if you believe or have learned
CHANGE OF TERMS of the loss, theft or possible unauthorized use of your Card(s)
Subject to applicable law, we may change or terminate any by calling us at 1-800-355-3063 or writing us at
term of this Agreement or add new terms at any time, without Transportation Alliance Bank, Cardholder Services, P.O. Box
limitation, including adding or increasing charges, fees and 150210, Ogden, Utah 84415-9912. Subject to the terms and
other assessments. Prior written notice will be provided to you conditions set forth herein, if you tell us within two (2)
when required by applicable law. business days after you learn of the loss, theft or unauthorized
use of your Card or PIN, you may be liable up to a maximum
DEFAULT AND TERMINATION OF AGREEMENT of Fifty Dollars ($50.00). If you do NOT tell us within 2
You will be in default under this Agreement upon: (a) your business days after you learn of the loss or theft of your card
failure to pay any and all amounts owed to us by you under and/or code, and we can prove we could have stopped
this Agreement; (b) your violation of any other provision of someone from using your card and/or code without your
this Agreement; (c) your death; (d) you or your property permission if you had told us, you could lose as much as $500.
becoming the subject of attachment, foreclosure, repossession, You will not be liable for unauthorized use that occurs after
lien, judgment or garnishment proceedings; (e) your failure to you notify us of the loss, theft or possible unauthorized use.
supply us with any information we reasonably deem Unauthorized use does not include use by a person to whom
necessary; (f ) your supplying us with misleading, false,
incomplete or incorrect information; (g) our receipt of Page 4 of 6 30016 0310
you have given a Card(s), a person to whom an Additional laws of the State of Utah, whether or not you live in Utah and
Cardholder(s) has given authority to use the Card(s) or any whether or not your Card(s) is used outside of Utah.
other person with authority to use the Card(s), and you will be
liable for all use by such a user. To terminate this authority, This Agreement is entered into in Utah and you agree that any
you must retrieve the Card(s) from the previously authorized suit, action or proceeding arising out of the subject matter
user and return it to us at the address above, along with a letter hereof, or the interpretation, performance or breach of this
explaining why you are doing so. Agreement shall, if we so elect, be instituted in the United
States District Court for the District of Utah, the Second
NOTIFY US IN CASE OF ERRORS OR Judicial District Court for the State of Utah, or any other
judicial forum located in the State of Utah (the “Acceptable
QUESTIONS Forums”). You agree that the Acceptable Forums are
If you think your Card Statement is wrong, or if you need convenient to you, and you hereby irrevocably: (a) submit to
more information about a transaction or transfer on your the jurisdiction of the Acceptable Forums; (b) agree to be
Card(s), write us at Transportation Alliance Bank, Cardholder bound by any judgment rendered thereby in connection with
Services, P.O. Box 150210, Ogden, Utah 84415-9912 as soon this Agreement; and (c) waive any and all objections to
as possible. We must hear from you no later than sixty (60) jurisdiction or venue that you may have under the laws of the
days after the first Card Statement was made available to you State of Utah or otherwise in those courts in any such suit,
on which the error or problem first appeared. In your letter, we action or proceeding. If such proceeding is initiated in any
will need the following information: other forum, you hereby waive any right to oppose any motion
1) Your name, Card(s) number, merchant name and or application made by us as a consequence of such
transaction date proceeding having been commenced in a forum other than an
2) The dollar amount of the suspected error Acceptable Forum.
3) A description of the error and a clear explanation why you
believe there is an error. If you need more information,
describe the item you are unsure about. PRIVACY PRACTICES
Transportation Alliance Bank maintains information about
If you telephone us, you must still send your complaint or you and your Flying J Owner-Operator MasterCard® Prepaid
question in writing within ten (10) business days to Card. You agree that from time to time we may request,
Transportation Alliance Bank, Cardholder Services, P.O. Box receive and exchange reports or other information about you
150210, Ogden, Utah 84415-9912, or fax to 801-395-8610. from others, including but not limited to, stores, other banks
and credit reporting agencies, and that we may use this
Generally, we will tell you the results of our investigation information to make whatever investigations we deem
within ten (10) business days after we have heard from you necessary and appropriate and/or to use such information for
and will correct any error promptly. In the event that we need any purposes, subject to applicable law. You authorize us,
more time, we may take up to forty-five (45) calendar days to subject to applicable law, to furnish information concerning
investigate your complaint or question, provided, however, we your Flying J Owner-Operator MasterCard® Prepaid Card to
will, within ten (10) business days, add credits or other value others, including but not limited to, any of our affiliates.
on the Card in the amount you think is in error so that you will Information about you or your prepaid card may be shared
have use of the credits or other stored value in question during among TAB and its related companies for marketing and
the time it takes us to complete our investigation. If you are administrative purposes. You may prohibit such sharing of
asked to put your complaint or question in writing and we do personal information, other than information pertaining solely
not receive written confirmation of your oral notice within ten to transactions or experiences between you and TAB (or a
(10) business days, we will not credit the value on the Card(s). TAB related company) by writing to Transportation Alliance
For errors involving new Card(s) (generally Card(s) that have Bank, Cardholder Services, P.O. Box 150210, Ogden, Utah
been issued for 30 days or less) used to initiate point of sale 84415-9912. Include your name, address, phone number, and
transactions, or foreign initiated transactions, we may take up Card number on your notice.
to ninety (90) days to investigate your complaint or question.
SEVERABILITY
For new Card(s) (generally Card(s) that have been issued for If any provision of this Agreement is finally determined to be
30 days or less), we may take up to twenty (20) business days void or unenforceable under any law, rule, or regulation, all
to add credits or other value on your Card(s) for the amount other provisions of this Agreement will remain valid and
you think is in error. We will tell you the results of our enforceable.
investigation within three (3) business days after completion.
In the event that we determine that there has been no error, we WAIVER
will send you a written explanation. You may ask for copies of Our failure to exercise any of our rights under this Agreement,
the documents that we used in our investigation. our delay in enforcing any of our rights, or our waiver of our
rights on any occasion, shall not constitute a waiver of such
CHOICE OF LAW AND VENUE rights on any other occasion.
This Agreement and your Card(s) shall be governed by,
construed under and enforced in accordance with the internal
Page 5 of 6 30016 0310
CUSTOMER SERVICE
You may contact us at:
Transportation Alliance Bank
Cardholder Services
PO Box 150210
Ogden, Utah 84415-9912
Tel: 1-800-355-3063
Fax: 801-395-8610
www.tabbank.com
Page 6 of 6 30016 0310
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