Affirm Debit Cardholder and Account Agreement (Evolve-issued cards)

Legal Rights & Agreement Rules · Context

The agreement covers a debit Visa issued by Evolve, with Affirm as the Bank's service provider

This agreement sets the terms for the Affirm Debit Card Visa issued by the Bank. The Bank retained Affirm, Inc. as its service provider; Affirm may also offer separate products and services outside that role, and lending products referenced in the agreement are offered by a Lender rather than the Bank. "Card Account" means the account or beneficial interest accessed by the Card and the records the Bank keeps for the value of Card transactions. "You" means the person or persons who received the Card and are authorized to use it, and "we," "us" and "our" mean the Bank, its successors, affiliates, assignees and third-party service providers. The Card remains the Bank's property and must be surrendered on demand; it is nontransferable and may be canceled, repossessed or revoked at any time without prior notice, subject to applicable law. The Card is available only to consumers resident in one of the 50 states or the District of Columbia, and the Bank may extend availability to additional U.S. jurisdictions without amending the agreement.

Supporting quotations

This Agreement outlines the terms and conditions under which the Affirm Debit Card Visa (the "Card") has been issued to you by Bank.

The Bank has retained a service provider to provide certain services on the Bank's behalf. The service provider for the Affirm Debit Card Visa is Affirm, Inc. ("Service Provider" or "Affirm").

"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.

The Card is available solely to consumers who are residents of one of the fifty (50) states of the United States or the District of Columbia.

Qualifications & exceptions

• Affirm acts as the Bank's service provider for the Card, but its separate products and Lender loans are outside that role.
• The Card is limited to consumers resident in the 50 states or the District of Columbia, subject to the Bank's power to extend availability.
• The Card remains the Bank's property and is nontransferable; cancellation, repossession or revocation may occur without prior notice, subject to law.

Not stated here

• The agreement does not identify which Lender or Lenders may provide loans for a given cardholder.

Legal Rights & Agreement Rules · Procedure

Accepting, activating or using the Card binds the cardholder to the agreement

The agreement is provided in electronic format under 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.

Supporting quotations

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 electronic-format terms come from a separate E-Signature and Electronic Disclosure Agreement accepted when the Card Account was opened.
• Acceptance can occur by accepting, activating or using the Card.

Not stated here

• The E-Signature and Electronic Disclosure Agreement is not part of this saved source, so its separate terms are not supplied.

Legal Rights & Agreement Rules · Restriction or exception

The Bank is liable for late or incorrect transfers but not consequential or special damages, subject to nine exceptions

The Bank and Service Provider will not be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages. If the Bank does not complete a transfer to or from the Card Account on time or in the correct amount under the agreement, it will be liable for the cardholder's losses or damages. The agreement lists exceptions: (1) insufficient funds in the Card Account or Linked External Account through no fault of the Service Provider or Bank; (2) a merchant refuses the Card or cash back; (3) an ATM lacks enough cash; (4) a terminal does not operate properly and the cardholder knew of the problem when initiating the transaction; (5) access is blocked after the cardholder reported the Card lost or stolen; (6) a hold, legal process or other encumbrance restricts the funds; (7) the Service Provider or Bank has reason to believe the transaction is unauthorized; (8) circumstances beyond their control, such as fire, flood or computer or communication failure, prevent completion despite reasonable precautions; or (9) any other exception in the agreement. The cardholder may call (855) 423-3729 to find out whether an electronic fund transfer was completed.

Supporting quotations

In no event will 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. However, there are some exceptions.

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;

(9) any other exception stated in this Agreement with you. You may call us at (855) 423-3729 to find out whether any electronic fund transfer you requested was successfully completed.

Qualifications & exceptions

• The liability for late or incorrect transfers is limited to the cardholder's losses or damages.
• The Bank and Service Provider disclaim consequential, extraordinary, special and punitive damages.
• The nine listed exceptions can eliminate liability.
• The eighth exception requires circumstances beyond the Bank's or Service Provider's control despite reasonable precautions.

Not stated here

• The agreement does not quantify damages for a particular failed transfer.

Legal Rights & Agreement Rules · Restriction or exception

Class action waiver: claims must be brought individually, with limited public injunctive relief

The cardholder agrees to 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 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. 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 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 this provision.

Supporting quotations

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.

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.

Qualifications & exceptions

• The waiver is individual-only and covers class or representative actions or proceedings.
• Joinder or consolidation is allowed only if both the cardholder and the Bank or Covered Party agree.
• Relief is limited to the individual party and that party's claims.
• Public injunctive relief remains available under applicable law to the extent required for enforceability.

Not stated here

• The agreement does not identify which claims, if any, fall outside the waiver under applicable law.

Legal Rights & Agreement Rules · Context

Arbitration applies on either party's election and replaces court litigation

The arbitration section sets out the circumstances and procedures under which Claims, as defined in the agreement, are arbitrated instead of litigated in court upon the election of either party. The section warns the cardholder to read it carefully because it affects the cardholder's rights.

Supporting quotations

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.

Qualifications & exceptions

• Either party can elect arbitration.
• The section applies to Claims as defined later in the arbitration section.
• Arbitration replaces court litigation when elected.

Not stated here

• The detailed procedures and opt-out are in later blocks; this block only introduces them.

Legal Rights & Agreement Rules · Context

The arbitration Claim definition is broad and covers the Bank, Service Provider, affiliates and named third parties

In the arbitration section, "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, assigns and all of their agents, employees, directors and representatives (each a "Covered Party"). It arises from or relates to the Card or the agreement as well as any related or prior agreement or the relationships resulting from the agreement, including the validity, enforceability or scope of the arbitration section or the agreement. The definition includes claims of every kind and nature, including initial claims, counterclaims, cross-claims and third-party claims, and claims based on contract, tort, fraud, other intentional torts, statutes, regulations, common law and equity. It is to be given the broadest possible meaning that will be enforced, with examples including the Card, the amount of available funds, advertisements and statements, benefits and services, and enrollment for the Card. For this section, "we" and "us" also include the Bank, Service Provider, their agents, retailers, subsidiaries, affiliates, licensees, predecessors, successors and assigns, and their agents, employees, directors and representatives; they include a third party using or providing a product, service or benefit in connection with the Cards or Card Account if that third party is named as a co-party or files a Claim with or against the Bank or Service Provider. "You" and "yours" include all persons or entities approved to have or use a Card or Card Account, including contractually obligated persons and additional cardholders.

Supporting quotations

the term "Claim" means any claim, dispute or controversy between you and 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 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

"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

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.

Qualifications & exceptions

• The definition applies "as used in this Arbitration Section."
• The examples of Covered Parties and Claims are illustrative, not a closed list.
• Third parties are included only if named as a co-party or if they file a Claim with or against the Bank or Service Provider.
• "You" includes approved users, contractually obligated persons and additional cardholders, not only the primary cardholder.

Not stated here

• The agreement does not resolve how a court or arbitrator will apply the broad definition to a particular dispute.

Legal Rights & Agreement Rules · Procedure

Before arbitration, a written Notice of Dispute must be sent by certified mail and 60 days must pass

The arbitration section says Covered Parties are always interested in resolving disputes amicably and efficiently, and most concerns can be resolved by contacting customer support at (855) 423-3729. If those efforts fail, a party intending to seek arbitration 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. Notice to the cardholder may be sent to the address on file. The Notice must describe the nature and basis of the Claim and set forth the specific relief sought. If the Claim is not resolved within 60 calendar days after the Notice is received, the cardholder or Covered Party may commence arbitration.

Supporting quotations

Covered Parties are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to your satisfaction by contacting customer support at (855) 423-3729.

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.

Qualifications & exceptions

• The Notice must be in writing and sent by certified mail.
• The Notice must describe the Claim's nature and basis and the specific relief sought.
• The 60-calendar-day waiting period runs from receipt of the Notice.
• Customer support contact at (855) 423-3729 is encouraged first.

Not stated here

• The agreement does not say what happens if the Notice is defective or sent to the wrong address.

Legal Rights & Agreement Rules · Procedure

Arbitration uses JAMS or AAA, and the cardholder can switch administrators within 30 days of the Bank's selection

Any Claim is resolved by arbitration under the arbitration provision and the code of procedures of the national arbitration organization to which the Claim is referred when it is filed. Claims are referred to either Judicial Arbitration and Mediation Services (JAMS) or the American Arbitration Association (AAA), as selected by the party electing arbitration. If the Bank's selection is unacceptable to the cardholder, the cardholder has the right within thirty days after receiving notice of the election to select the other listed organization to serve as administrator. The block lists contact details for JAMS and AAA.

Supporting quotations

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

• The party electing arbitration selects JAMS or AAA.
• The cardholder may switch to the other organization within 30 days after notice of the Bank's selection.
• The relevant organization's code of procedures applies.

Not stated here

• The JAMS and AAA rules themselves are not supplied in this saved source.

Legal Rights & Agreement Rules · Restriction or exception

Electing arbitration waives court litigation and jury trial and uses a neutral arbitrator

If a Claim has arisen or may arise between the cardholder and the Bank, whether arising out of or relating to the agreement (including an alleged breach), the Card or Card Account, services under the agreement, advertising, or any other aspect of the relationship or transactions, and the dispute is not resolved informally, the cardholder and the Bank agree that upon demand by either party the dispute will be resolved exclusively through final and binding arbitration rather than in court. By entering the agreement, the cardholder and the Bank 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. The cardholder's rights will be determined by a neutral arbitrator, not a judge or jury.

Supporting quotations

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

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 applies on demand by either party after informal resolution fails.
• The scope covers the agreement, Card, Card Account, services, advertising and the relationship or transactions.
• The waiver covers jury trial and class action participation.
• A neutral arbitrator, not a judge or jury, determines the cardholder's rights.

Not stated here

• The agreement does not say how a dispute about the arbitration section's own scope is resolved if the parties disagree.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration limits discovery and class or representative participation, and the award is final

If arbitration is chosen by any party, neither the cardholder nor the Bank will have the right to litigate the Claim in court or have a jury trial, or to engage in discovery except as provided in the JAMS or AAA Code. The cardholder will 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 shall not conduct a class arbitration or a joint arbitration except as set forth in the agreement. The arbitrator's decision is final and binding. The block warns that other rights the cardholder would have in court may not be available in arbitration.

Supporting quotations

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 what the applicable JAMS or AAA Code provides.
• No representative-capacity or class-member participation.
• Class or joint arbitration is not allowed except as the agreement sets out.
• The award is final and binding, and some court rights may not be available.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is individual-only, with a public-injunctive-relief carve-out and no preclusive effect for non-parties

If either party elects arbitration, the Claim is arbitrated on an individual basis. There is no right or authority for Claims to be arbitrated on a class basis or in a representative capacity on behalf of the public, other cardholders or similarly situated persons. The arbitrator's authority is limited to Claims between the cardholder and the Bank, and the arbitrator's authority to make awards is limited to those parties. Claims by or against the cardholder may not be joined or consolidated in arbitration with Claims by or against someone else unless all parties agree in writing. If a Claim seeks injunctive relief and a court finally determines that the restrictions prohibiting the arbitrator from awarding third-party relief are unenforceable as to that claim, the public-injunctive-relief claim will be determined in court and any individual monetary claims will be arbitrated. No arbitration award will have preclusive effect on issues or claims in a dispute involving a non-party, and an award in a prior dispute involving other parties will not have preclusive effect in an arbitration between these parties.

Supporting quotations

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.

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.

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

• Arbitration is individual-only.
• The arbitrator's authority is limited to Claims and awards between the cardholder and the Bank.
• Joinder or consolidation requires written agreement of all parties.
• The public-injunctive-relief carve-out applies only after a final court determination that the restrictions are unenforceable as to that claim.
• Arbitration awards have no preclusive effect on non-parties.

Not stated here

• The agreement does not identify which claims a court would treat as public injunctive relief.

Legal Rights & Agreement Rules · Company practice

The Bank may advance arbitration fees, and the arbitrator decides who ultimately pays

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 or hearing fees for a Claim the cardholder initiates and seeks to arbitrate. At the conclusion of the arbitration or any appeal, the arbitrator or panel decides who will ultimately be responsible for the filing, administrative and hearing fees. If the cardholder incurs fees exceeding what they would have been in the state or federal court closest to the cardholder's billing address that would have had jurisdiction, the Bank will reimburse the excess unless the arbitrator or panel determines the fees were incurred without substantial justification.

Supporting quotations

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 fee advance requires a written request and is considered in good faith, not guaranteed.
• The arbitrator or panel decides ultimate fee responsibility.
• Reimbursement of excess fees is required unless the fees were incurred without substantial justification.
• The comparison is to the court closest to the cardholder's billing address with jurisdiction.

Not stated here

• The agreement does not state the amount of fees for a particular arbitration.

Legal Rights & Agreement Rules · Procedure

Arbitration is governed by the FAA and the selected organization's code, with a three-arbitrator appeal

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). The arbitration is governed by the applicable JAMS or AAA Code, except that this arbitration section controls if inconsistent, 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 provides a brief written explanation of the decision on timely request. The arbitrator does not apply Federal or state rules of civil procedure or evidence. Either party may ask the arbitrator to expand discovery; the requesting party must copy the other, who may object within 15 days, and the arbitrator decides in sole discretion and notifies the parties within 20 days of the objection. The arbitrator takes reasonable steps to preserve individual and business privacy. Judgment on the award may be entered in any court with jurisdiction. The award is final and binding except for FAA appeal rights, and either party may appeal to a three-arbitrator panel administered by the same organization within 30 days of the written award. The panel considers anew the objected-to aspects, issues its decision within 120 days of the appellant's written notice, and decides by majority vote; that decision is final and binding. The arbitration proceeding and any ruling, decision or award are strictly confidential for all parties.

Supporting quotations

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").

In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence.

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.

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 FAA governs the arbitration section.
• The applicable JAMS or AAA Code applies except where the arbitration section controls to the extent enforceable under the FAA.
• The arbitrator does not apply Federal or state rules of civil procedure or evidence.
• Either party may request expanded discovery, subject to the other party's objections and the arbitrator's discretion.
• The award is final and binding except for FAA appeal rights.
• A three-arbitrator panel appeal must be noticed within 30 days and decided within 120 days.
• The proceeding and award are strictly confidential.

Not stated here

• The JAMS and AAA Codes and the FAA text are not supplied in this saved source.

Legal Rights & Agreement Rules · Context

The arbitration section survives termination, payment, collection and bankruptcy, and invalid parts are severable

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 by the cardholder, and any bankruptcy by the cardholder or the Bank. If any portion of the arbitration section is invalid or unenforceable under any principle or provision of law or equity consistent with the FAA, the remaining portions of the arbitration section, the agreement and any prior agreement remain enforceable.

Supporting quotations

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.

Qualifications & exceptions

• Survival covers Card termination, full payment, collection proceedings and bankruptcy by either party.
• Severability is limited to a determination consistent with the FAA.
• The rest of the arbitration section, the agreement and prior agreements remain enforceable if a portion is invalid.

Legal Rights & Agreement Rules · User right or choice

The cardholder can opt out of arbitration by signed written notice within 30 days, with name, address and loan number

To opt out of the arbitration section, the cardholder 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, addressed to Affirm, Attn. "Arbitration Opt Out", 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135. The cardholder must provide a name, address and loan number and state that the cardholder opts out of the Arbitration Section. Opting out does not affect the other provisions of the agreement, and it applies only to this agreement.

Supporting quotations

RIGHT TO OPT OUT: 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 opt-out notice must be signed and in writing, not electronic.
• The deadline is 30 calendar days after signing the agreement.
• The notice must include name, address and loan number and state that the cardholder opts out.
• Opting out does not affect other provisions and applies only to this agreement.

Not stated here

• The agreement does not say how delivery of the opt-out notice is proved.

Legal Rights & Agreement Rules · Restriction or exception

The Bank disclaims all warranties and is not responsible for purchased goods or services

Except as expressly otherwise provided in the agreement, the Bank makes no representations or warranties of any kind and expressly disclaims all warranties, whether express or implied, regarding the Card or arising out of the agreement, including implied warranties of merchantability or 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. All such disputes must be addressed and handled directly with the merchant from whom the goods or services were purchased.

Supporting quotations

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 any express provision otherwise in the agreement.
• It covers express and implied warranties, including merchantability and fitness for a particular purpose.
• The Bank is not responsible for quality, safety, legality or other aspects of purchased goods or services.
• Disputes must be handled directly with the merchant.

Legal Rights & Agreement Rules · Restriction or exception

Liability is limited to actual damages, with a thirty-day cap for negligence

Subject to applicable law, the Bank, Service Provider and their respective agents, affiliates, employees, officers and directors will not be liable for delays or mistakes resulting from circumstances beyond their control, including 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 the cardholder's equipment, any internet service or any payment system. If the Bank is held liable, the cardholder is entitled to recover actual damages only. The cardholder is not entitled to recover indirect, consequential, exemplary or special damages, whether in contract, tort or otherwise, even if the Bank was advised of the possibility. This provision is not effective to the extent otherwise required by law. To the extent permitted by law, the cardholder agrees that recovery for alleged negligence or misconduct by the Bank is limited to the lesser of actual damages or the amount of funds transacted on the Card in the prior thirty days.

Supporting quotations

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.

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 cover delays or mistakes from circumstances beyond control, merchant failures, communication failures and equipment or payment-system malfunctions.
• Only actual damages are recoverable if the Bank is held liable.
• Indirect, consequential, exemplary and special damages are excluded even if the Bank knew of the possibility.
• The provision yields to the extent applicable law requires otherwise.
• Negligence or misconduct recovery is capped at the lesser of actual damages or the prior thirty days' transacted funds.

Not stated here

• The agreement does not state the amount transacted in the prior thirty days for a particular cardholder.

Legal Rights & Agreement Rules · Context

The agreement is governed by Tennessee law, cannot be assigned by the cardholder, and the Bank may transfer its rights

The Card and the cardholder's obligations under the agreement may not be assigned. The Bank may transfer its rights under the agreement. Use of the Card is subject to all applicable 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 at any time. If any provision is determined invalid or unenforceable under any rule, law or regulation of a governmental agency, local, state or federal, the validity or enforceability of the other provisions is not affected. The agreement is governed by the law of the State of Tennessee except to the extent governed by federal law.

Supporting quotations

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.

This Agreement will be governed by the law of the State of Tennessee except to the extent governed by federal law.

Qualifications & exceptions

• The cardholder cannot assign the Card or obligations; the Bank may transfer its rights.
• Clearinghouse and association rules and customs apply.
• Delay or failure to enforce is not a waiver.
• Invalid provisions are severable.
• Tennessee law governs except where federal law governs.

Legal Rights & Agreement Rules · Context

Business Days are every day except weekends and days Arkansas banks may close

The agreement defines "Business Days" as every day except Saturday, Sunday, and any other day that banks in Arkansas are authorized by law to be closed.

Supporting quotations

Our "Business Days" are every day except for Saturday, Sunday, and any other day that banks in Arkansas are authorized by law to be closed.

Qualifications & exceptions

• The definition uses Arkansas bank-closure law to identify additional non-business days.

Not stated here

• The agreement does not list the Arkansas bank holidays.

Legal Rights & Agreement Rules · Context

The agreement is the entire agreement and supersedes prior understandings about the Card and Card 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.

Supporting quotations

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.

Qualifications & exceptions

• The integration clause covers the Card and Card Account.

Legal Rights & Agreement Rules · Context

Debit card agreement effective October 11, 2026, with mandatory arbitration and class action waiver

This is the Affirm Debit Visa Card Cardholder and Account Agreement for cards issued by Evolve Bank & Trust. It states an effective date of 10/11/2026. A capitalized notice at the top says the agreement is subject to mandatory arbitration under the Federal Arbitration Act unless the cardholder opts out as the agreement allows, and contains a waiver of class action; it directs the reader to Section XXI for those terms.

Supporting quotations

Affirm Debit Visa Card issued by Evolve Bank and Trust (member FDIC) Cardholder and Account Agreement

Effective as of 10/11/2026

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.

Qualifications & exceptions

• Effective as of 10/11/2026.
• The opening notice is a warning, not the operative arbitration clause; Section XXI supplies the opt-out procedure and waiver terms.

Not stated here

• The opening notice does not state the opt-out deadline or address; those details appear later in Section XXI.