1. Terms and Conditions for the Thunderxpay Business Virtual Non-Reloadable Prepaid Visa® Card
   
   1. This document constitutes the agreement (“Agreement”) outlining the terms and conditions under which the Thunderxpay Business Virtual Prepaid Visa Card has been issued to you by Metropolitan Commercial Bank (Member FDIC) pursuant to a license from Visa U.S.A. Inc. “Metropolitan Commercial Bank” and “Metropolitan” are registered trademarks of Metropolitan Commercial Bank © 2014. By accepting and/or using this Card, you agree to be bound by the terms and conditions contained in this Agreement.  The “Program Manager” for the Thunderxpay Business Virtual Prepaid Visa Card is Thunderxpay US Inc and the Customer Service telephone number is (888) 488-0589.  In this Agreement, “Card” means the Thunderxpay Business Virtual Prepaid Visa Card issued to you by Metropolitan Commercial Bank, “Card Account” means the records we maintain to account for the transactions made with your associated Card(s) or otherwise.  “You”, “your” and “Account Owner” each mean the business that (i) accepted this Agreement; and (ii) is qualified for and opened the Card Account and owns the funds in the Card Account. Account Owner must be a business and may be an individual operating as a sole proprietorship, partnership, limited liability company, corporation, trust or other form of commercial entity authorized by applicable law. The owners or principals of the Account Owner must also personally guarantee and be personally liable for all transactions associated with the Card(s) and the Card Account. All such guaranties are unlimited and joint and several where Account Owner has multiple owners or principals. “Cardholder” means the person issued the Card or Card Account and authorized by Account Owner in writing to open and close the Card and Card Account, obtain Card Account information, disclose Card Account information to third parties, load the Card Account, transfer or allocate funds to Cards, transfer funds from the Card Account and to take all other administrative actions on behalf of Account Owner in connection with the Card Account as contemplated by this Agreement… “We,” “us,” and “our” means Thunderxpay US Inc, as your Program Manager, and Metropolitan Commercial Bank. “Bank” means Metropolitan Commercial Bank, our successors, affiliates or assignees. The Card will remain the property of Bank and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. Please read this Agreement carefully and keep it for future reference.
   2. To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who obtains a Card. What this means for you: When you apply for a Card, we will ask for your name, address, , and other information that will allow us to identify you. We also may ask to see your driver’s license or other documentation bearing your photo as verification of your identity. By participating in the Card program, you warrant factual representation of the required information is accurate, including, but not limited to, your real name, valid U.S. mailing address and residential address (if different), and telephone number. If you falsify, misrepresent, or fail to provide requested information, we may cancel your Card. In addition, funds tied to suspected illicit or illegal activity may be subject to both internal and potentially federal investigation.  We reserve the right to restrict or delay your access to any such funds.
2. Your Card
   
   1. The Card Account is a virtual prepaid card account made available to Account Owner’s designated Cardholders for commercial business purposes only. The Card(s) allow Cardholder(s) to access funds loaded or deposited to the Card Account by the Cardholder or its designee. The funds in your Card Account will be FDIC-insured once we have been able to verify your identity.  The two methods to obtain a Card are as follows:
      • You may load funds from your Deposit Account (as per Section 7 below) to your Card Account, prior to the issuance of a Card. When you either approve an invoice or make a payment, a Card is then issued and the funds from your Card Account are loaded onto the Card; or
      • You may load funds from your Deposit Account (as per Section 7 below) directly to a Card, without first loading them into your Card Account.

      You may access the funds in your Card or Card Account, as the case may be, by using your Card, Card Number, by automated clearinghouse (ACH) debit using your Account Number. The balance of the funds in the Card or Card Account will be reduced through the use of such funds by the Cardholder, all in accordance with the terms of this Agreement. The Card is not a credit card.  The Card is not a gift card, nor is it intended for gifting purposes. You will not receive any interest on your funds on the Card.  The funds in your Card Account will not expire, regardless of the expiration date on the front of your Card. This Card Account is to be used solely for business purposes and may not be used for consumer or household purposes. By using the Card or providing the Card number to any person, you represent and warrant to us that use of the Card is solely for business purposes. As such because the Account is a business account and not for personal, family or household use, ACH Credit payments are not subject to the Electronic Funds Transfer Act.

3. Thunderxpay US, Inc. (“Thunderxpay”) Services
   
   1. If you are party to a separate agreement with Thunderxpay US, Inc. (the “Thunderxpay US, Inc. Terms of Use”), that agreement will govern services provided by Thunderxpay US, Inc. to you thereunder (the “Thunderxpay Services”).  You authorize us to share with Thunderxpay all information that we collect concerning you and your Card and Card Account transactions in order for Thunderxpay US, Inc. to use and disclose that information to third parties under the Thunderxpay US, Inc. Terms of Use.  You instruct us to follow instructions with respect to your Card and Card Account received from Thunderxpay US, Inc. by way of the Thunderxpay US Inc. Services.
4. Fees
   
   1. The fees relating to the use (and misuse) of your Card are set forth in the “Schedule of Fees and Charges (Schedule A” ATTACHED TO THIS AGREEMENT AND INCORPORATED HEREIN BY REFERENCE. FEES INCURRED PURSUANT TO THE TERMS OF THIS AGREEMENT will be withdrawn from your Card Account and will be assessed so long as there is a remaining balance in your Card Account, unless prohibited by law.  Unless otherwise paid by Thunderxpay or a merchant accepting your Card, pursuant to the Thunderxpay Services or otherwise, you agree to pay all fees associated with the Card.  If instructed to do so by Thunderxpay, we reserve the right to pay fees payable hereunder by way of off-sets from funds that we would otherwise load into your Card Account.  We may from time to time amend the Fee Schedule, at our sole discretion and upon review and written approval by the Bank as set forth in the Section of this Agreement titled “Amendment and Cancellation.” If you request a service that is not included in this Schedule of Fees and Charges and there is a fee for such service, such fee will be disclosed at the time you request the service and you agree that any such fee may be deducted from your Card Account.
5. Authorized Users
   
   1. Each Card Account will be associated with a single Account Owner. The Cardholder must be an owner or principal of Account Owner and an unlimited guarantor for all activities on the Card Account. The Cardholder shall also be authorized to make changes to the Card Account(s) associated with the Account Owner. The Cardholder will be able to make these changes by delivering instructions to us through https://thunderxpay.com/ If you permit another person to have access to your card or Card Number, you are liable for all transactions made with the Card, Card Number or Account Number and all related fees incurred by those persons.
6. Card Account Use and Purpose
   
   1. Subject to the limitations set forth in this Agreement, you may use your Card, Card Number, or Account Number, as applicable, to (1) add funds to your Card Account (as described in the Section below titled “Adding Funds to Your Card Account”), , (2) purchase goods or services wherever your Card is honored as long as you do not exceed the value available in your Card Account and ..  We reserve the right to limit the ability of your Card to be used for payments other than a payment to a single merchant identified to us by Thunderxpay US Inc.  You agree not to use your Card for illegal gambling or any other illegal purpose. If any Cardholder is permitted to use the Card, Account Owner 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 Account Owner. If a transaction causes a Card to have a negative balance we may deduct any negative balance amounts from any current or future funds on the Card or any other Card Account associated with the Account Owner. Cardholders should only be persons Account Owner trusts to honor its instructions and limitations.  Your Card is not associated with any physical card and cannot be used to.
7. Adding Funds to Your Card Account
   
   1. You wish to add funds to your Card Account by means of ACH. In accordance with this desire, you authorize us, or our affiliates or payment processors, to initiate debit and credit entries to your bank account provided to us (either directly or through Thunderxpay US Inc. (the “Deposit Account”).  You agree to maintain sufficient funds in Deposit Account to cover debit transactions hereunder.  By accepting this authorization, you state that you have the authority to agree to such transactions and that the Deposit Account is a valid and legitimate account for the handling of these transactions.  This authority is to remain in effect until we receive written notice from you revoking it.  This authorization is for the load of funds to your Card Account.  You also certify that the appropriate authorizations are in place to allow this method of settlement on your Deposit Account.  All changes to the identification of the Deposit Account under this authorization must be made in writing in accordance with this Agreement.  You understand that if the information supplied as to the ABA Routing Number and Deposit Account number is incorrect, and funds are incorrectly debited or deposited, we will attempt to assist you in the recovery of such funds, but we have no liability as to restitution of the same.  Our assistance in recovering the funds, where available, will be billed to you at our current hourly rate for such work.  You acknowledge that the origination of ACH transactions to the Deposit Account must comply with the provisions of U.S. law.  We will initiate debits on your Deposit Account as per your instructions received through Thunderxpay US.
8. Limitations on Frequency and Dollar Amounts of Transactions
   
   1. The total amount of purchases that you can perform in any single day is limited to $20,000 – see Transaction Limits amounts set forth below.  The maximum aggregate value of your Card Account(s) is restricted to $20,000 at any point in time.  The maximum value will be determined by aggregating the activity and value of all Card Accounts you may have with the Program.   For security reasons, we may further limit the number or dollar amount of transactions you can make with your Card.
      

      Transaction/ Load Type	Maximum Amount per day
      Maximum Balance on the card	$20,000 (includes all ACH loads)
      Withdrawals	Up to a maximum of $20,000 per day (includes POS purchases)
      Purchases (POS)	Up to a maximum of $20,000 per day
      Loads	Any combination of the load types listed below to not exceed the maximum balance of $20,000 per day
      ACH Deposits	Up to a maximum of $5,000 per day

      Unless otherwise indicated to you in correspondence from us or Thunderxpay US., Inc., in order to reduce the chance of misuse of your Card and the related funds, we reserve the right to make the Card available for use for only one hour following issuance.  If you do not use the Card within such time, you will not lose the value on the Card; instead, we reserve the right to return it to your Card Account or issue another Card for the same amount

9. Transactions Using Your Card Number
   
   1. If you initiate a transaction without presenting your Card (such as for a mail order, internet or telephone purchase, the legal effect will be the same as if you used the Card itself.
10. Your Obligation for Negative Balance Transactions
    
    1. Each time you initiate a Card transaction, you authorize the Bank to reduce the funds available in your Card Account by the amount of the transaction and all associated fees. You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions (creating a “negative balance”).  Nevertheless, if any transactions cause the balance in your Card Account to go negative, including any purchase transactions where the retailer or merchant does not request authorization, you shall remain fully liable to us for the amount of any negative balance and any corresponding transaction fees.  You may also be liable for any related Insufficient Funds/NSF Fee(s) as set forth in the accompanying “Schedule of Fees and Charges (Schedule A).”. We may deduct any negative balance amounts from any current or future funds on your Card Account or any other Card Account associated with the Account Owner. We reserve the right to bill you for any negative balance or to recoup such negative balance from any other Card we have issued to you. You agree to pay us promptly for the negative balance and any related fees. We also reserve the right to cancel your Card if you create one or more negative balances with your Card.
11. Business Days
    
    1. Our business days are Monday through Friday, excluding federal and legal banking holidays in the State of New York.
12. Authorization Holds
    
    1. You do not have the right to stop payment on any purchase transaction originated by use of your Card or Card Account or any deposit to either. When you use your Card or Card Account to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and the merchant may estimate its final value. When we authorize a purchase transaction, we commit to make the requested funds available when the transaction finally settles, and the Bank will place a temporary hold on your Card’s funds for the amount indicated by the merchant. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds.
13. Returns and Refunds
    
    1. If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card Account for such refunds. You are not entitled to a check refund unless your Card has been closed. The amounts credited to your Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.
14. International Transaction Fee
    
    1. If you initiate a transaction in a currency or country other than the currency or country in which your Card was issued, the amount deducted from your funds will be converted by Visa U.S.A. Inc. into an amount in the currency of your Card. Visa U.S.A. Inc. will establish a currency conversion rate for this convenience using a rate selected by Visa U.S.A. Inc. from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate Visa U.S.A. Inc. itself receives, or the government mandated rate in effect for the applicable central processing date, in each instance, plus or minus any adjustment determined by us.
15. Receipts
    
    1. You should get or request a receipt at the time you make a transaction using your Card. You agree to retain your receipts to verify your transactions
16. Confidentiality
    
    1. The Bank may disclose information to third parties about your Card or the transactions you make using your Card: (1) where it is necessary for completing transactions; (2) in order to verify the existence and condition of your Card for a third party, such as a merchant; (3) in order to comply with government agency, court order, or other legal reporting requirements; (4) if you give the Bank your written permission; (5) to our and the Bank’s employees, auditors, affiliates, service providers, or attorneys as needed; and (6) as otherwise provided in the Bank’s Privacy Policy Notice below.
17. Our Liability for Failure to Complete Transactions
    
    1. In no event will we or the Bank be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages. We will not be liable, for instance: (1) if, through no fault of ours or of the Bank, you do not have enough funds available in your own bank account to complete the transaction; (2) if a merchant refuses to accept your Card; (4) if an electronic terminal where you are making a transaction does not operate properly, n; (5) if access to your Card has been blocked after you reported your Card or Access Code lost or stolen; (6) if there is a hold or your funds are subject to legal process or other encumbrance restricting their use; (7) if we or the Bank have reason to believe the requested transaction is unauthorized; (8) if circumstances beyond our or the Bank’s control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we or the Bank have taken; or (9) for any other exception stated in our Agreement with you.
18. In Case of Errors or Questions about your Card Account
    
    1. Call Thunderxpay US., Inc. – Thunderxpay Payments Customer Service at or the Thunderxpay US., Inc. – Thunderxpay Payments website at https://thunderxpay.com/ or write to the Program Manager Name-Card Program Customer Service, Thunderxpay US Inc. – Thunderxpay, thunderxpay@thunderxpay.com as soon as you can, if you think an error has occurred in your Card Account.
19. Lost or Stolen Cards/Unauthorized Transfers
    
    1. If you believe your Card or Access Code(s) (“PIN”) has been lost or stolen, call +1 (888) 488-0589, , or write to us by email at https://thunderxpay.com/ website or write the Program Manager at Thunderxpay US Inc. thunderxpay@thunderxpay.com. You should also write to the email address shown here if you believe an electronic transfer has been made using the information from your Card without your permission. We may not be able to assist you if you do not contact us within sixty (60) days of the unauthorized transactions.
20. Your Liability for Unauthorized Transfers
    
    1. You agree to exercise reasonable control over your Card. Tell us AT ONCE if you believe your Card has been lost or stolen. Also, if your transaction history shows transfers that you did not make, including those made with your Card, Card Number or Account Number, or you believe an electronic transfer has been made without your permission, tell us at once. Telephoning the toll-free number, +1 (888) 488-0589 is the best way of keeping your possible losses down. You will be responsible for all authorized and unauthorized transactions made through the use of any 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 Card. This means liability for the unauthorized use of a 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. Electronic transfers made to an account used for business purposes, regardless of account ownership, are not subject to the Electronic Funds Transfer Act and Regulation E.
    2. The following provisions of this Section apply to all Card Accounts: You will not be liable for unauthorized use that occurs after you notify us of the loss, theft or unauthorized use of your Card unless such subsequent unauthorized use resulted from your gross negligence or willful misconduct. You also agree to cooperate completely with us in attempts to recover funds from unauthorized users and to assist in their prosecution. We may issue replacement Card(s), but only after you have provided such proof and security or indemnification as we may require. In addition, you acknowledge that we may have to deactivate your Card(s) and/or Card Account to prevent future losses. If you share your Card(s) with another person, use of your Card Account by that person may be considered as authorized. If you authorize another person to use your Card, you agree that you will be liable for all transactions arising from use of the Card by such person except as otherwise set forth in this Agreement. In all cases, our liability for an unauthorized transaction is limited to reimbursing you for the face amount of the unauthorized transaction and any corresponding fees, except as otherwise required by applicable law.  A transaction is unauthorized if it is not initiated by you, you did not give permission to make the transaction and you do not benefit from the transaction in any way.
21. Other Terms
    
    1. Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement is determined to be invalid or unenforceable under any rule, law or regulation of any governmental agency, whether local, state or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement shall be governed by the law of the State of New York except to the extent preempted or governed by federal law.
22. Amendment and Cancellation
    
    1. We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law before the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You also may cancel this Agreement by calling +1 (888) 488-0589. If you cancel your Card, you may zero out your Card Account balance before closing your Card Account, which we will do for a fee as set forth in the “Schedule of Fees and Charges (Schedule A)” attached to this Agreement. If your Card is canceled by us when your Card Account has a balance.  In all events, any wire we send will be sent to the Deposit Account we have for you in our records. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement before termination.
23. Telephone Monitoring/Recording
    
    1. From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.
24. No Warranty Regarding Goods and Services
    
    1. We or the Bank are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card. All such disputes should be addressed to the merchants from whom the goods and services were purchased.
25. Parties to this Agreement
    
    1. Thunderxpay US., Inc. or Bank may each exercise the rights of the other under this Agreement, either collectively or individually. Thunderxpay US., Inc. shall not, however, take possession or control of Card funds nor is it responsible for any obligations to make payments from to or from your Card Account or otherwise, all of which obligations of Bank only.
26. Arbitration Provision
    
    1. This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) shall be arbitrated instead of litigated in court upon the election of either party.
    2. (a) Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us, or between you and Thunderxpay US Inc., Program Manager for the Thunderxpay Payments  Prepaid Visa^® Card and/or the Bank  or any of its agents or retailers, arising from or relating to the Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreement. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Cards,; (ii) the amount of available funds on the Cards; (iii) advertisements, promotions or oral or written statements related to the Cards, goods or services purchased with the Cards; (iv) the benefits and services related to the Cards; and (v) your enrollment for any Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court; any appeals from that court shall be pursued only in arbitration. As used in this Arbitration Provision, the terms “we” and “us” shall for all purposes mean the Program Manager, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Cards (including, but not limited to merchants who accept the Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or ”yours” shall mean all persons or entities approved by us to have and/or use a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional cardholders.
    3. (b) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at.
    4. (c) Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR SHALL NOT CONDUCT A CLASS ARBITRATION OR A JOINT ARBITRATION EXCEPT AS SET FORTH BELOW. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
    5. (d) Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
    6. (e) Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
    7. (f) Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.
    8. (g) Continuation: This Arbitration Provision shall survive termination of your Card as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. 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 agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
27. Delivery of Electronic Communications
    
    1. The following E-Communication Disclosure (“Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your Card Account and any related products and services (“Communications”), to the extent you have consented to receiving such Communications electronically and failure to consent will result in a declined application for a Thunderxpay Payments Prepaid Visa Card, except as provided below.
    2. Scope of Communications to Be Provided in Electronic Form.  When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below.  Your consent to receive electronic Communications includes, but is not limited to:
       • All legal and regulatory disclosures and communications associated with your Card Account and any related products or services
       • Your Cardholder Agreement and any notices about a change in terms of your Cardholder Agreement
       • Privacy policies and notices
       • Error resolution policies and notices
       • Responses to claims filed in connection with your Card Account
       • Notices regarding insufficient funds or negative balances
    3. Method of Providing Communications to You in Electronic Form.  All Communications that we provide to you in electronic form will be provided either (1) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (2) by posting such Communications on our website at https://thunderxpay.com/
    4. How to Withdraw Consent.  You may withdraw your consent to receive Communications in electronic form at any time by contacting us at +1 (888) 488-0589 or visiting the https://thunderxpay.com/ website or write to thunderxpay@thunderxpay.com.  If you do withdraw your consent, we will close your Card Account, except where prohibited by law.  We will not impose any fee to process the withdrawal of your consent to receive electronic Communications.  Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your request for withdrawal.  In the meantime, you will continue to receive Communications in electronic form.  If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.
    5. How to Update Your Records.  It is your responsibility to provide us with a true, accurate and complete e-mail address (if you have elected to receive e-mail messages from us), your contact information, and other information related to this Disclosure and your Card Account, and to maintain and update promptly any changes in this information.  You can update information (such as your e-mail address) through https://thunderxpay.com/  or by contacting us at +1 (888) 488-0589.
    6. Hardware and Software Requirements. In order to access, view, and retain Communications that we make available to you electronically, you must have:
       • An Internet browser that supports 128-bit encryption.
       • Microsoft Internet Explorer 9 or above, or the equivalent software
       • Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit
       • An e-mail account with an Internet service provider and e-mail software
       • A personal computer ((2.4 GHz Base or higher), operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us in via a plain text-formatted e-mail or by access to our web site using browser specified above or equivalent software.
       • Adobe Reader version 9.0 or higher
    7. Requesting Paper Copies. We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us by calling +1 (888) 488-0589 or writing to us at Thunderxpay US., Inc. – Thunderxpay Payments and thunderxpay@thunderxpay.com or https://thunderxpay.com/.
    8. Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

Metropolitan Commercial Bank Privacy Policy Notice: