Agreement identity: Affirm Debit Visa Card issued by Stride Bank, effective 10/11/2026
This is the Affirm Debit Visa Card issued by Stride Bank, N.A. (member FDIC) Cardholder and Account Agreement. The stated version is effective as of 10/11/2026. The document is the cardholder and account agreement for the Stride-issued Affirm debit card.
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When
Effective as of 10/11/2026
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Affirm Debit Visa Card issued by Stride Bank (member FDIC) Cardholder and Account Agreement
Effective as of 10/11/2026
Legal Rights & Agreement Rules · Context
Opening notice: mandatory arbitration and class action waiver, with an opt-out; Section XXI
A capitalized notice at the start states that the Agreement is subject to mandatory arbitration pursuant to the Federal Arbitration Act unless the cardholder opts out in accordance with the Agreement, and that it contains a waiver of class action. It points to Section XXI for the operative terms. The notice itself only flags these terms; the arbitration procedure and opt-out mechanics appear in Section XXI and are interpreted in that section's packet.
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THIS AGREEMENT IS SUBJECT TO MANDATORY ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT, UNLESS YOU OPT OUT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND A WAIVER OF CLASS ACTION PROVISION.
SEE SECTION XXI BELOW.
Qualifications & exceptions
Notice only; the operative arbitration and opt-out terms are in Section XXI.
Legal Rights & Agreement Rules · Context
Loans are made by a Lender, not the Bank; the Bank does not underwrite or approve them
The capitalized notice states that all loans are made by a Lender and not by the Bank, that the Bank is not involved in the application, underwriting or approval of any loan, and that the Bank has no responsibility for the loans or the Lender's acts or omissions. The definitions section likewise says lending and credit products referenced in the Agreement are offered by a Lender, not the Bank. Each loan must be applied for separately in the App and is subject to Lender eligibility and possible downpayment.
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ALL LOANS ARE MADE BY A LENDER AND NOT BY THE BANK. THE BANK IS NOT INVOLVED IN THE APPLICATION, UNDERWRITING OR APPROVAL OF ANY LOAN. BANK HAS NO RESPONSIBILITY TO YOU FOR THE LOANS OR ANY ACTIONS OR OMISSIONS OF LENDER.
YOU MUST APPLY FOR EACH LOAN SEPARATELY IN THE APP, AND APPROVAL FOR EACH LOAN IS SUBJECT TO ELIGIBILITY AND MAY REQUIRE A DOWNPAYMENT, AS EACH IS DETERMINED BY THE LENDER.
all lending and credit products that are referenced in this Agreement are not offered by the Bank and are instead offered by a Lender.
Loans are not offered by the Bank and are subject to approval of the Lender.
Not stated here
The separate Loan Agreement with the Lender, including interest, fees and repayment terms, is not supplied in this source.
'Card Account', 'you' and 'we' are defined for the card relationship
The Agreement defines the Card Account as the account or the cardholder's beneficial interest in the account accessed by the Card, plus the records the Bank keeps to account for the value of card transactions. "You" and "your" mean the person or persons who received the Card and are authorized to use it under the Agreement. "We", "us" and "our" mean the Bank, its successors, affiliates, assignees and third-party service providers.
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"Card Account" means the account or your beneficial interest in the account accessed by the Card, and the records we maintain to account for the value of transactions associated with the Card.
"You" and "your" means the person or persons who have received the Card and who are authorized to use the Card as provided for in this Agreement.
"We," "us," and "our" means the Bank, our successors, affiliates, assignees and our third-party service providers.
Electronic delivery under the E-Sign agreement; accepting, activating or using the card binds the cardholder
The Agreement is provided in electronic format pursuant to the E-Signature and Electronic Disclosure Agreement the cardholder accepted when opening the Card Account. By accepting, activating or using the Card, the cardholder agrees to be bound by the Agreement's terms and conditions.
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This Agreement is provided to you in electronic format pursuant to the E-Signature and Electronic Disclosure Agreement that you accepted and agreed to when you opened your Card Account.
By accepting, activating, or using this Card, you agree to be bound by the terms and conditions contained in this Agreement.
Qualifications & exceptions
The E-Signature and Electronic Disclosure Agreement itself is not supplied in this source.
Legal Rights & Agreement Rules · Context
Adding a linked account is a warranty of ownership, authorization, and that it is a U.S. account in good standing
By adding a Linked External Account, the cardholder represents and warrants that they own and are authorized to use that account for all transactions contemplated by the Agreement, that the account is held by a U.S. financial institution, and that it is in good standing.
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By adding a Linked External Account, you represent and warrant that you own and are authorized to use the Linked External Account for all of the transactions contemplated by this Agreement, and that the Linked External Account is held by a U.S. financial institution and is in good standing.
Legal Rights & Agreement Rules · Context
Each loan is a separate Lender agreement; the Bank is not a party and card use does not guarantee eligibility
The Bank does not provide loans. It is not a party to the Loan Agreement and has no liability to the cardholder under or in connection with the loan. The cardholder must apply for and be approved by the Lender and enter into a separate Loan Agreement for each loan. Obtaining or using the Card does not guarantee eligibility for any loan, the Lender may charge interest under the Loan Agreement, and not all card purchases may be eligible for a loan.
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The Bank does not provide these services. The Bank is not party to, and has no liability to you under the Loan Agreement or in connection with the Loan.
You will be required to apply for and be approved for a Loan by the Lender, and enter into a separate loan agreement with the Lender in order to obtain each Loan (the "Loan Agreement").
Obtaining or using your Card does not guarantee that you will be eligible for any Loan.
If you obtain a Loan, the Lender may charge you interest in accordance with the Loan Agreement you enter into with the Lender.
Subject to Lender eligibility requirements, not all Card purchases may be eligible for a Loan.
Not stated here
The Loan Agreement's interest rate, fees and repayment terms are not supplied in this source.
Legal Rights & Agreement Rules · Context
Enrollment is not a credit request or guarantee; future features may be added without amending the Agreement
Enrolling in an Optional Planning Feature is not a request for, and does not guarantee, credit or any particular outcome. Any Loan originated through the feature remains subject to separate Lender underwriting and credit approval. Affirm may make additional Optional Planning Features available in the future, each with its own Program Agreement, without amending that section or the Agreement, subject to applicable notice or disclosure requirements. The Program Agreement is a separate agreement with Affirm Loan Services, LLC or another Affirm entity identified in it, and is not superseded by and does not modify this Agreement.
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Enrolling in an Optional Planning Feature is not a request for, and does not guarantee, credit or any particular outcome
any Loan originated by a Lender via an Optional Planning Feature remains subject to separate underwriting and credit approval consistent with Section I.B above.
We may make additional Optional Planning Features available in the future, each with its own Program Agreement, without amending this Section or this Agreement, subject to any notice or disclosure requirements under applicable law.
the Program Agreement governing that Optional Planning Feature is a separate agreement between you and Affirm Loan Services, LLC (or another Affirm entity identified in that Program Agreement) that is not superseded by, and does not modify, this Agreement.
Qualifications & exceptions
Future features may be added without amending the Agreement, subject to notice or disclosure law.
Legal Rights & Agreement Rules · Restriction or exception
The Bank is liable for late or incorrect transfers but not consequential damages, with nine listed exceptions
The Bank and Service Provider are not liable for consequential damages including lost profits, extraordinary, special or punitive damages. If a transfer to or from the Card Account is not completed on time or in the correct amount under the Agreement, the Bank is liable for the cardholder's losses or damages, subject to exceptions. The listed exceptions include insufficient funds, a merchant refusing the Card or cash back, an ATM without enough cash, a terminal malfunction the cardholder knew about, blocked access after a lost-or-stolen report, a hold or legal process restricting funds, a reasonable belief the transaction is unauthorized, circumstances beyond the Bank's or Service Provider's control, and other exceptions stated in the Agreement. The cardholder may call (855) 423-3729 to check whether a transfer was completed.
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In no event will the Bank or Service Provider be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages.
If we do not complete a transfer to or from your Card Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages.
We will not be liable, for instance: (1) if, through no fault of Service Provider or of the Bank, you do not have enough funds available in your Card Account or Linked External Account to complete the transaction; (2) if a merchant refuses to accept your Card or provide cash back; (3) if the automated teller machine where you are making the transfer does not have enough cash; (4) 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; (5) if access to your Card has been blocked after you reported your Card 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 Service Provider or the Bank has reason to believe the requested transaction is unauthorized; (8) if circumstances beyond Service Provider or the Bank's control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that Service Provider or the Bank has taken; or (9) any other exception stated in this Agreement with you.
You may call (855) 423-3729 to find out whether any electronic fund transfer you requested was successfully completed.
Qualifications & exceptions
The liability promise is limited by nine listed exceptions and other Agreement exceptions.
Consequential, extraordinary, special and punitive damages are excluded.
Legal Rights & Agreement Rules · Permission or license
The Bank may rely on Affirm's instructions for card purchases and associated loans
Affirm Inc. and Affirm Lending Services are responsible for servicing Loans, as Lender or service provider to a Lender as applicable, including communications with the cardholder. Affirm provides access to submit loan applications associated with card purchases through the App. By using the Card and the App, the cardholder gives instructions to Affirm for card purchases and associated Loans, and authorizes the Bank to rely on instructions provided by Affirm on the cardholder's behalf.
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Affirm Inc. and Affirm Lending Services are responsible for servicing Loans, as Lender or service provider to Lender (as applicable), including any communications with you.
Affirm provides you access to submit loan applications associated with Card purchases via the App (see "Obtaining a Loan" in Section I.B.).
Through your use of the Card and the App, you are providing instructions to Affirm for Card purchases and associated Loans.
You authorize and agree that the Bank may rely on instructions provided by Affirm on your behalf.
Legal Rights & Agreement Rules · Restriction or exception
Class action waiver: claims must be brought individually, with an exception for public injunctive relief
The cardholder agrees to bring claims against the Bank or any other Covered Party only on an individual basis, not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both the cardholder and the Bank or Covered Party agree otherwise, a court or arbitrator may not consolidate or join more than one person's or party's claims and may not preside over any consolidated, representative or class proceeding. Relief may be awarded only in favor of the individual party seeking relief and only to the extent necessary for that party's individual claims. The exception is that the cardholder may pursue, and the arbitrator or court may award, public injunctive relief under applicable law to the extent required for the enforceability of the provision. The arbitration restrictions likewise send a public-injunctive-relief claim to court if the third-party-relief prohibition is finally held unenforceable, while individual monetary claims are arbitrated.
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YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE BANK OR ANY OTHER COVERED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
UNLESS BOTH YOU AND THE BANK AGREE OR COVERED PARTY OTHERWISE, A COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
ALSO, THE ARBITRATOR OR COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR OR COURT MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
If a Claim is brought seeking injunctive relief and a court determines that the restrictions in this Arbitration Section prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated.
Qualifications & exceptions
The individual-basis requirement applies unless the cardholder and the Bank or Covered Party agree otherwise.
Public injunctive relief can still be pursued under applicable law to the extent needed for enforceability.
Arbitration applies on either party's election; JAMS or AAA administers, with a 30-day swap right
The Arbitration Section sets out the circumstances and procedures under which Claims are arbitrated instead of litigated in court upon the election of either party, and warns that it affects the cardholder's rights. Any Claim is resolved, on the cardholder's or the Bank's election, by arbitration under the chosen national arbitration organization's procedures in effect when the Claim is filed. Claims go to JAMS or AAA as selected by the party electing arbitration. If the Bank's selection is unacceptable to the cardholder, the cardholder has thirty days after receiving notice of the election to select the other organization as administrator.
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This Section 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.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
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.
Qualifications & exceptions
Arbitration can be elected by either the cardholder or the Bank.
The 30-day swap right applies after notice of the Bank's selection.
'Claim' is defined broadly to cover card, account and agreement disputes, including scope and enforceability
In the Arbitration Section, a Claim means any claim, dispute or controversy between the cardholder and the Bank, Service Provider, or their wholly or majority-owned subsidiaries, affiliates, licensees, predecessors, successors and assigns, and their agents, employees, directors and representatives (each a Covered Party), arising from or relating to the Card, the Card Account or the Agreement, or any related or prior agreement or relationship, including the validity, enforceability or scope of the Arbitration Section or the Agreement. Claim includes claims of every kind, including contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity, and is to be given the broadest possible meaning that will be enforced. The examples include the Card and additional cardholders' cards, the Card Account, available funds, advertisements and statements, benefits and services, and the card application or enrollment.
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As used in this Arbitration Section, the term "Claim" means any claim, dispute or controversy between you and the Bank, Service Provider, or any of their respective wholly or majority-owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns, and all of their agents, employees, directors and representatives (each, a "Covered Party"), arising from or relating to the Card, the Card Account, 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 Section or the Agreement.
The term "Claim" is to be given the broadest possible meaning that will be enforced
any claim, dispute or controversy that arises from or relates to (i) your Card, or the Cards of any additional cardholders designated by you; (ii) the Card Account; (iii) the amount of available funds on the Cards; (iv) advertisements, promotions or oral or written statements related to the Cards, goods or services purchased with the Cards; (v) the benefits and services related to the Cards; and/or (vi) your application or enrollment for any Card.
Arbitration 'we' and 'you' extend to Affirm affiliates, agents, retailers and certain co-parties and cardholders
For the Arbitration Section, we and us mean the Bank, Service Provider, and their agents, retailers, subsidiaries, affiliates, licensees, predecessors, successors and assigns, and their agents, employees, directors and representatives. They also include a third party using or providing a product, service or benefit in connection with the Cards — merchants, service providers, debt collectors and their agents, employees, directors and representatives — but only if that third party is named as a co-party with the Bank or Service Provider, or files a Claim with or against them, in connection with a Claim asserted by the cardholder. You and yours mean all persons or entities approved to have or use a Card or Card Account, including all persons or entities contractually obligated under the Agreements and all additional cardholders.
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As used in this Arbitration Section, the terms "we" and "us" shall for all purposes mean the Bank, Service Provider, and any of their respective agents, retailers, 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 or Card Account (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 Section, the terms "you" or "yours" shall mean all persons or entities approved by us to have and/or use a Card or Card Account, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional cardholders.
Arbitration requires a certified-mail Notice of Dispute and a 60-day attempt to resolve
Before arbitration, a party intending to seek it must first send the other a written Notice of Dispute by certified mail. Notice to the Bank or Service Provider goes to Affirm, Inc., 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135 (the Notice Address); notice to the cardholder may go to the address on file. The Notice must describe the nature and basis of the Claim or dispute and state the specific relief sought. If the Claim is not resolved within 60 calendar days after the Notice is received, either party may commence arbitration. The section also says most customer concerns can be resolved by contacting customer support at (855) 423-3729.
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If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice").
The Notice must (a) describe the nature and basis of the Claim or dispute and (b) set forth the specific relief sought.
If you do not resolve the Claim with the Covered Party within 60 calendar days after the Notice is received, you or the Covered Party, as applicable, may commence an arbitration proceeding.
The Notice to the Bank or Service Provider should be sent to Affirm, Inc., 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135 ("Notice Address").
Qualifications & exceptions
The Notice must be sent by certified mail.
The 60-day resolution period runs from receipt of the Notice.
Legal Rights & Agreement Rules · Context
JAMS and AAA arbitration administrators and their contact details
The Agreement gives contact details for the two arbitration organizations: JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614, website www.jamsadr.com; and the American Arbitration Association at 335 Madison Avenue, New York, NY 10017, website www.adr.org. The cardholder can contact them for a copy of the procedures, to file a Claim or for other information.
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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 www.adr.org.
Legal Rights & Agreement Rules · Restriction or exception
Upon either party's demand, covered claims are resolved exclusively in final binding arbitration
If a Claim has arisen or may arise between the cardholder and the Bank or Service Provider — whether relating to the Agreement, the Card or Card Account, services under the Agreement, advertising or any other aspect of the relationship or transactions — and informal resolution fails, both sides agree that upon demand by either of them the dispute will be resolved exclusively through final and binding arbitration rather than a court. By entering into the Agreement, each side waives the right to a jury trial or to participate in a class action to resolve any Claim against a Covered Party. Rights are determined by a neutral arbitrator, not a judge or jury.
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You agree that if a Claim has arisen or may arise between you and us, whether arising out of or relating to this Agreement (including any alleged breach), your Card or Card Account, services provided under this Agreement, any advertising, or any other aspect of the relationship or transactions between us, and you are not able to resolve the dispute or Claim informally as described above, you and we agree that upon demand by you or us, the dispute or claim will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Section.
You agree that, by entering into this Agreement, you and we are each waiving the right to a trial by jury or to participate in a class action to resolve any Claim against a Covered Party.
Your rights will be determined by a neutral arbitrator, not a judge or jury.
Qualifications & exceptions
Arbitration can be demanded by either the cardholder or the Bank.
The waiver covers jury trial and class participation for Covered Party claims.
Legal Rights & Agreement Rules · Restriction or exception
Choosing arbitration waives court litigation and jury trial and limits discovery and class participation
If arbitration is chosen by any party, neither side may litigate the Claim in court, have a jury trial on it, or engage in discovery except as provided by the JAMS or AAA code of procedures. The cardholder also would not have the right to participate in a representative capacity or as a member of any class of claimants for a Claim subject to arbitration. The arbitrator may not conduct a class or joint arbitration except as set forth in the section, and the arbitrator's decision is final and binding. Other rights the cardholder would have in court may also be unavailable in arbitration.
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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.
Qualifications & exceptions
Discovery is limited to the applicable JAMS or AAA code.
The class and joint-arbitration bar is subject to the exceptions stated in the Arbitration Section.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration is individual only; claims cannot be joined or consolidated without written agreement
If either party elects arbitration, the Claim is arbitrated on an individual basis, with no authority for class-action or representative-capacity arbitration on behalf of the public, other cardholders or similarly situated persons. The arbitrator's authority to resolve and award is limited to the cardholder and the Bank alone. Claims between them may not be joined or consolidated with claims involving anyone else unless all parties agree in writing. An arbitration award involving the parties has no preclusive effect on issues or claims in a dispute involving a non-party, and an award in prior disputes involving other parties has no preclusive effect in an arbitration between these parties.
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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.
No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have a preclusive effect in an arbitration between the parties to this Arbitration Section.
Qualifications & exceptions
Joinder or consolidation requires a written agreement of all parties.
Arbitration awards have no preclusive effect on non-parties, and other parties' awards do not bind this arbitration.
Legal Rights & Agreement Rules · Company commitment
The Bank may advance arbitration fees on request and reimburses fees above court costs absent lack of justification
At the cardholder's written request, the Bank will consider in good faith making a temporary advance of all or part of the filing, administrative and/or hearing fees for a Claim the cardholder initiates. At the end of the arbitration or appeal, the arbitrator or panel decides who ultimately bears those fees. If the cardholder's arbitration fees, including appeal fees, exceed what they would have been in the state or federal court closest to the billing address that would have had jurisdiction over the Claim, the Bank reimburses the excess unless the arbitrator or panel finds the fees were incurred without substantial justification.
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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.
Qualifications & exceptions
The advance is discretionary and considered in good faith on written request.
Reimbursement of the excess over court fees is subject to the arbitrator's substantial-justification finding.
Legal Rights & Agreement Rules · Procedure
Arbitration is governed by the Federal Arbitration Act, the chosen Code and substantive law, not court procedure rules
The Arbitration Section is made under a transaction involving interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16 as amended (the FAA). Arbitration is governed by the applicable JAMS or AAA Code, except that the Arbitration Section controls if inconsistent with the Code, to the extent enforceable under the FAA. The arbitrator applies substantive law consistent with the FAA and applicable statutes of limitations, honors recognized privileges, and must give a brief written explanation of the decision on timely request. The arbitrator does not apply federal or state civil-procedure or evidence rules. Either party may ask the arbitrator to expand discovery under the Code, with a 15-day objection window, and the arbitrator decides within 20 days of the objection. The arbitrator must take reasonable steps to preserve individual and business privacy, and judgment on the award may be entered in any court with jurisdiction.
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This Arbitration Section 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 Section 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 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.
Qualifications & exceptions
The Arbitration Section controls over an inconsistent Code only to the extent enforceable under the FAA.
Discovery is under the Code unless the arbitrator grants expansion.
Not stated here
The JAMS and AAA Code texts themselves are not supplied in this source.
Arbitration awards can be appealed to a three-arbitrator panel within 30 days, with a decision in 120 days
The arbitrator's decision is final and binding except for any appeal right provided by the FAA. Any party can appeal the award to a three-arbitrator panel administered by the same arbitration organization, which considers anew any aspect of the initial award objected to. The appealing party has thirty days from entry of the written award to notify the organization of the appeal. The organization appoints the panel, which conducts arbitration under its Code and issues a decision within one hundred twenty days of the appellant's written notice. The panel decides by majority vote, and its decision is final and binding. All aspects of the proceeding and any ruling, decision or award are strictly confidential for all parties.
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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 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.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Qualifications & exceptions
The appeal right is the one provided by the FAA.
Confidentiality covers all aspects of the arbitration proceeding, rulings and awards.
The arbitration section survives card termination, full payment, collection suits and bankruptcy
The Arbitration Section survives termination of the Card, voluntary payment of the debt in full, any legal proceeding by the Bank to collect a debt owed, and any bankruptcy by the cardholder or the Bank. If any portion is invalid or unenforceable under law or equity consistent with the FAA, the remaining portions of the Arbitration Section, the Agreement and any prior agreement remain enforceable.
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This Arbitration Section 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 Section 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 Section, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
Legal Rights & Agreement Rules · User right or choice
Arbitration can be opted out by signed written notice within 30 calendar days of signing the Agreement
A cardholder who does not want the Arbitration Section to apply must send the Service Provider a signed notice within 30 calendar days after signing the Agreement. The notice must be in writing and not electronic, sent to Affirm, Attn. "Arbitration Opt Out", 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135. It must provide the cardholder's name, address and loan number and state that the cardholder opts out of the Arbitration Section. Opting out does not affect the Agreement's other provisions and applies only to this Agreement.
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If you do not want this Arbitration Section to apply, you must send the Service Provider a signed notice within 30 calendar days after you sign the Agreement.
You must send the notice in writing (and not electronically) to Affirm, Attn. "Arbitration Opt Out", 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135.
You must provide your name, address and loan number and state that you "opt out" of the Arbitration Section.
Opting out will not affect the other provisions of this Agreement.
If you opt out, it will apply only to this Agreement.
Qualifications & exceptions
The deadline is 30 calendar days after signing the Agreement.
Notice must be signed, written and not electronic.
Name, address, loan number and an explicit opt-out statement are required.
The opt-out applies only to this Agreement.
Legal Rights & Agreement Rules · Permission or license
The cardholder consents to calls and texts at any provided number, including prerecorded and autodialed messages
Notwithstanding any current or prior election to opt in or opt out of telemarketing calls, emails or text messages, the cardholder expressly consents to contact by the Bank, its agents, representatives, affiliates or anyone calling on its behalf for any and all purposes arising from or relating to the Card Account or Card, at any telephone number or physical or electronic address provided. The Bank may contact the cardholder in any way, including text messages and calls using prerecorded messages or artificial voice, and calls and messages delivered by autodialer or automatic texting system. The cardholder certifies that the provided telephone numbers are their contact numbers and represents that they are permitted to receive calls at each. The Bank may listen to and record calls with representatives without notice as applicable law permits.
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You agree that we and our service providers may communicate with you regarding your Card, Card Account, and related services by SMS, MMS, text message ("Text Messages") or other electronic means to your mobile device
you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your Card Account or Card at any telephone number, or physical or electronic address you provide with information or questions about your Card or Card Account.
You agree we may contact you in any way, including Text Messages and telephone calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system.
You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers.
You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us.
We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law.
Qualifications & exceptions
The consent applies notwithstanding a prior telemarketing opt-in or opt-out.
The cardholder certifies the numbers are theirs and that calls are permitted.
Call recording is permitted as applicable law allows.
Legal Rights & Agreement Rules · Restriction or exception
The Bank disclaims all express and implied warranties and is not responsible for merchant goods or services
Except as expressly otherwise provided in the Agreement, the Bank makes no representations or warranties of any kind and disclaims all express or implied warranties regarding the Card or arising out of the Agreement, including implied warranties of merchantability and fitness for a particular purpose. The Bank is not responsible for the quality, safety, legality or any other aspect of goods or services purchased with the Card, and such disputes must be handled directly with the merchant.
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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 OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
We 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 must be addressed and handled directly with the merchant from whom those goods or services were purchased.
Qualifications & exceptions
The disclaimer is subject to express provisions of the Agreement that state otherwise.
Merchant goods and services are outside the Bank's responsibility.
Legal Rights & Agreement Rules · Restriction or exception
The Bank is not liable for delays or failures from events beyond its control, merchant failures or system failures
Subject to applicable law, the Bank, Service Provider and their agents, affiliates, employees, officers and directors are not liable for delays or mistakes resulting from circumstances beyond their control, including acts of governmental authorities, national emergencies, insurrection, war or riots; merchants failing to honor the Card or provide services; communication-system failures; or failures or malfunctions attributable to the cardholder's equipment, an internet service or a payment system.
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SUBJECT TO APPLICABLE LAW, WE, SERVICE PROVIDER, AND OUR RESPECTIVE AGENTS, AFFILIATES, EMPLOYEES, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM.
Legal Rights & Agreement Rules · Restriction or exception
Recovery is limited to actual damages and capped at the lesser of actual damages or 30 days of card funds
If the Bank is held liable, the cardholder is entitled only to actual damages. No indirect, consequential, exemplary or special damages can be recovered, whether in contract, tort or otherwise, even if the Bank was advised of the possibility. The provision is ineffective to the extent the law requires otherwise. To the extent permitted by law, recovery for alleged negligence or misconduct is limited to the lesser of actual damages or the amount of funds transacted on the Card in the prior thirty days.
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IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES.
IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER 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 OTHERWISE REQUIRED BY LAW.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY US SHALL BE LIMITED TO THE LESSER OF ACTUAL DAMAGES OR THE AMOUNT OF FUNDS TRANSACTED ON THE CARD IN THE PRIOR THIRTY DAYS.
Qualifications & exceptions
The exclusions and cap are subject to applicable law.
The 30-day cap applies to alleged negligence or misconduct.
The cardholder cannot assign the agreement; the Bank may transfer its rights, and invalid terms do not void the rest
The Card and the cardholder's obligations under the Agreement may not be assigned. The Bank may transfer its rights under the Agreement. Card use is subject to the rules and customs of any clearinghouse or other association involved in transactions. The Bank does not waive its rights by delaying or failing to exercise them. If a provision is held invalid or unenforceable under any governmental rule, law or regulation, the validity or enforceability of the other provisions is unaffected.
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The Card and your obligations under this Agreement may not be assigned.
The Bank may transfer its rights under this Agreement.
The Bank does not waive its rights by delaying or failing to exercise them at any time.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected.
The agreement is governed by Oklahoma law and the account is treated as opened and located in Oklahoma
The Agreement, the Card and the Account are governed by Oklahoma law except to the extent federal law governs. The cardholder agrees that the Account was opened in Oklahoma and that its location is in Oklahoma for purposes of the Agreement.
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This Agreement and the Card and Account will be governed by the law of the State of Oklahoma except to the extent governed by federal law.
You agree that the Account was opened in Oklahoma, and the location of the Account is in Oklahoma for purposes of this Agreement.
Activating or using the card represents age, U.S. residence, street address and acceptance
By activating the Card or retaining, using or authorizing its use, the cardholder represents and warrants that they are at least 18 (or the age of majority where older); are a U.S. citizen or legal alien residing in the United States or its territories; provided a verifiable U.S. street address, not a P.O. Box; provided true, correct and complete personal information; received a copy of the Agreement and agree to be bound by and comply with its terms and the Privacy Policy incorporated by reference; and accept the Card.
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By activating the Card or by retaining, using or authorizing the use of it, you represent and warrant to us that: (i) you are at least 18 years of age (or the age of majority if you reside in a jurisdiction where the majority age is older than 18); (ii) you are a U.S. citizen or legal alien residing in the United States ("U.S.") or its territories; (iii) you have provided us with a verifiable U.S. street address (not a P.O. Box); (iv) the personal information you provide to us in connection with the Card is true, correct and complete; (v) you received a copy of this Agreement and agree to be bound by and to comply with its terms and our Privacy Policy, which is incorporated herein by reference; and (vi) you accept the Card.
Qualifications & exceptions
The age requirement is 18 or the local age of majority if older.
A P.O. Box does not satisfy the U.S. street-address requirement.
The Privacy Policy is incorporated by reference but not supplied.
Not stated here
The incorporated Privacy Policy is not supplied, so its terms are not described here.
Legal Rights & Agreement Rules · Permission or license
The Bank may modify the agreement with legally required notice and may cancel or suspend the card at any time
The Bank may modify the Agreement and will give notice to the extent applicable law requires, including by email or other electronic communications. The Bank may cancel or suspend the Card or the Agreement at any time.
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We may modify this Agreement and will provide you with notice to the extent required by applicable law.
We may provide you notice by email or other electronic communications.
We may cancel or suspend the Card or this Agreement at any time.
Qualifications & exceptions
Modification notice is required only to the extent applicable law requires it.
The agreement is the entire agreement and supersedes prior understandings about the card and account
The Agreement constitutes the entire and sole agreement between the cardholder and the Bank and supersedes all prior understandings, arrangements or agreements regarding the Card and Card Account.
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This Agreement constitutes the entire and sole agreement between you and us and supersedes all prior understandings, arrangements, or agreements regarding your Card and Card Account.