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Disclaimer, Terms & Conditions of Site Use

IMPORTANT! THESE TERMS OF SERVICE GOVERN YOUR USE OF THIS WEBSITE (“SITE”) AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MIROMAR DEVELOPMENT CORPORATION, A FLORIDA CORPORATION AND ITS AFFILIATES (collectively, “MIROMAR”). By accessing This Site, you are indicating your acknowledgment and acceptance of these terms OF SERVICE.

PLEASE CONSULT THESE TERMS OF SERVICE REGULARLY. THESE TERMS OF SERVICE MAY BE AMENDED FROM TIME TO TIME AS UPDATES AND CHANGES ARE MADE TO THE SITE. EACH TIME YOU ACCESS THIS SITE YOUR ACCESS SHALL BE GOVERNED BY THE THEN IN-EFFECT TERMS OF SERVICE. YOU SHOULD THEREFORE CAREFULLY REVIEW THESE TERMS OF SERVICE EACH TIME YOU ACCESS THIS SITE. YOUR USE OF THIS SITE CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE THEN IN-EFFECT TERMS OF SERVICE.

Restrictions On Use

You may use this Site only for the purposes expressly set forth in these Terms of Service. Except with Miromar’s expressed written permission, your use of the Site (defined below) is solely limited to your personal and non-commercial use for viewing the Site’s Content and utilizing its offered services on a single machine using a conventional web browser without the aid of automatic electronic processes, “robots,” “spiders,” “scrapers,” “webcrawlers,” or other automatic devices or computer programs or processes that monitor, copy, or download web pages, data or other content. For purposes of these Terms of Services, the term “Content” shall include all material, data, information and content accessible from this Site, and any other World Wide Web site owned, operated, licensed, or controlled by Miromar.

This Site contains robot exclusion headers. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of this Site or any activities conducted on this Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on this Site’s infrastructure. Use of any robot, spider, web crawler, automated query device, or other automatic device, or manual process to monitor or copy the web pages or the Content contained herein without Miromar’s prior express written permission is prohibited. Use of any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any transaction being conducted on this Site is also prohibited.

You may not (and may not authorize any other party to) (i) co‑brand this Site, or (ii) frame this Site within or as part of any other site, or (iii) hyper-link to this Site. For purposes of these Terms of Service, “co‑branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or Content accessible within this Site. You agree to cooperate with Miromar, at your expense, in taking all actions necessary to enjoin unauthorized co-branding, framing or hyper-linking caused in whole or in part by you.

Proprietary Information

The Content is the proprietary information of Miromar or the party that provided the Content to Miromar, and Miromar or the party that provided the Content to Miromar retains all right, title, and interest in the Content. You agree not to reproduce, duplicate, copy, modify, create derivative works, publicly display, sell, resell, republish, upload, post, transmit or exploit for any purposes, any portion of this Site, the Content, the services offered on this Site, or access to this Site without Miromar’s prior expressed written consent, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Service violates Miromar’s intellectual property rights. Portions of the Content contained within this Site are updated on a regular basis and are proprietary or licensed to Miromar by third parties. Neither title nor intellectual property rights are transferred to you by access to this Site. Except as expressly set forth in these Terms of Service no rights, express or implied, are granted to you.

Access To This Site

To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If Miromar believes the information you provide is not correct, current, or complete, Miromar has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.

Miromar reserves the right to modify or terminate your access to the Site (or any part thereof), temporarily or permanently, at any time and from time to time, and with or without notice. You also agree that Miromar will not be liable to you or to any third party for any modification or termination of access to the Site.

Hyper-Links

This Site may contain hyper-links to other sites, which are not maintained by, or related to, Miromar. Hyper-links to other sites are provided as a service to users and are not sponsored by or affiliated with this Site or Miromar. Miromar has not reviewed any or all of such other sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and Miromar makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Miromar of that site. Miromar shall not be responsible or liable for any loss or damage incurred as the result of your use or access to any hyper-links or because Miromar allowed such hyper-links to be present on the Site.

If you engage in business dealings with advertisers or merchants found on or through the Site, whether by participating in promotions, purchasing products or services, or other dealings, you and such advertisers and merchants are solely responsible for compliance with any terms, conditions, warranties, representations, or liabilities associated with such dealings. Miromar shall not be responsible or liable for any loss or damage incurred as the result of any such dealings or because Miromar allowed such advertisers to be present on the Site.

Submissions

You hereby grant to Miromar the royalty-free, perpetual, irrevocable, worldwide, non‑exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Miromar through this Site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Miromar will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Miromar operations.

Privacy

The collection and use of your personal information by this Site is subject to our Privacy Policy, which can be found on-line this Site. We do not currently collect any information from children under the age of 13. If in the future, this Site collects personally identifiable information from children, we will do so in compliance with the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. § 6501 et seq.).

As you browse miromaroutlets.com, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partner then enables us to present you with retargeting advertising on other sites based on your previous interaction with miromaroutlets.com. The techniques our partners employ do not collect personal information such as your name, email address, postal address, or telephone number. You can visit this page to opt out of our display advertising partner’s and their partners’ targeted advertising.

Disclaimer

You understand that Miromar cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. Miromar does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Miromar. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided “as is” WITH “ALL FAULTS” and without ANY warranties of any kind whatsoever, either expressed or implied. Miromar expressly disclaims all warranties including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, TITLE, AND NON-INFRINGEMENT. Miromar does not warrant that the functions OR CONTENT contained in this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. Miromar does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Miromar may make changes or improvements at any time. You, and not Miromar, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Miromar MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Miromar does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete.

Limitation On Liability

NEITHER YOU NOR Miromar, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, AND DIRECTORS WILL BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF MIROMAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MIROMAR AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, CONTRACTORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100. THIS LIMITATION SHALL APPLY EVEN IF ANY ONE OR MORE REMEDIES PROVIDED IN THESE TERMS OF SERVICE FAIL OF ITS ESSENTIAL PURPOSE.

SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify and hold harmless Miromar, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, contractors, officers, directors, and contractors (the “Indemnified Parties”) from and against any actual or threatened claims, damages, liabilities, demand, judgments, awards, costs and expenses including reasonable attorneys’ fees, due to, arising out of or relating to your use of the Site, your connection to the Site, your violation of these Terms of Service, your violation of any rights of another, or your use of the Content accessed from this Site.

Trademarks and Copyright

Everything you see or read on this Site is copyrighted and protected by the copyright laws of the United States and by international treaties, unless otherwise noted, and nothing from this Site may be used, copied, downloaded, displayed or transmitted by you (in any way or form, or by any medium) without the prior written permission of Miromar. Miromar neither warrants nor represents that your use of materials displayed on or downloaded from this Site will not infringe rights of third parties not owned by or affiliated with Miromar.

Trademarks, service marks, and logos appearing in this Site are the property of Miromar or the party that provided the trademarks, service marks, and logos to Miromar. Miromar and any party that provided trademarks, service marks, and logos to Miromar retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any express or implied license or right to use any trademark, logo, service mark or design displayed on this Site without the written permission of Miromar or any third party that may own any such item displayed on the Site. Miromar will aggressively enforce its intellectual property rights to the fullest extent of the law, should you breach any of these terms and conditions.

Information You Provide

If a feature you have access to, you may not post, send, submit, publish, or transmit in connection with this Site any material that:

  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this Site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
  • solicits funds, advertisers or sponsors;
  • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
  • includes MP3 format files;
  • amounts to a ‘pyramid’ or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
  • contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Miromar reserves the right to monitor use of this Site to determine compliance with these Terms of Service, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Miromar nor any third party that provides Content to Miromar will assume or have any liability for any action or inaction by Miromar or such third party with respect to any submission.

Copyrights and Copyright Agent

The following information is provided below so that you may notify Miromar if you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated. You must provide written notification to Miromar’s Designated Agent for claims of copyright or other intellectual property infringement, who can be reached as follows:

By mail: Miromar Development Corporation
Attention: Internet Communications
10801 Corkscrew Road, Suite 305
Estero, Florida 33928
By email: MiromarWeb@miromar.com

Such written notification must include the following to be effective:

1. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or intellectual property interest that has been allegedly infringed;

2. a description of the copyrighted work or works or intellectual property interest that has been allegedly infringed;

3. a description of the location or locations of the allegedly infringing material on the Site;

4. the contact information of the person authorized to act on behalf of the owner of the copyright or intellectual property interest, including address, telephone number, and email address;

5. a statement that the owner of the copyright or intellectual property interest believes in good faith that the use in dispute is not authorized by the copyright or intellectual property owner, its agent, or the law; and

6. a statement, made under penalty of perjury, that the notice information is accurate and that the statement is made by the owner of the copyright or intellectual property interest or a person authorized to act on the behalf of the owner of the copyright or intellectual property interest.

Users/Participants

We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion. No person under the age of 18 should use the Site without the consent of their parent or legal guardian. Miromar strongly encourages all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 13 years of age or older.

Notice

Miromar may provide notices to you via either email or regular mail, and the Site may provide notices of changes to the Terms of Services or other matters by displaying notices or links to notices to you generally on the Site.

Miscellaneous

These Terms of Service will be governed and interpreted pursuant to the laws of Florida, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Florida in connection with any dispute between you and Miromar arising out of or relating to these Terms of Service or pertaining to the subject matter hereof. The parties to these Terms of Service each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Service or pertaining to the subject matter of these Terms of Service will be in the state and federal courts in Lee County, Florida. If any part of these Terms of Service is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Service constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. The failure of Miromar to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

Last updated: October 1, 2011

Card Agreement – Terms and Conditions

Licensed under U.S. Patent Nos. 5,689,100 and 5,956,695

IMPORTANT INFORMATION FOR CARD RECIPIENT—DO NOT DISCARD

SECTION 1.  GENERAL INFORMATION
This Agreement contains the terms and conditions of the Card. Please read this Agreement carefully and keep it for your records. By purchasing, accepting or using the Card, you agree to be bound by this Agreement. “Card” means the Card issued by Bank of America, N.A.    “Merchant” means a retail establishment that is at or near the Shopping Center and is authorized to accept the Card.  “Shopping Center” means the shopping center, shopping mall, or other shopping venue, district or association named on the Card; and, if the Card is usable at multiple Shopping Centers owned or operated by a common entity, then the term “Shopping Center” collectively refers to all such Shopping Centers.  “You” means the person who has received the Card. “We”, “us”, and “our” mean Bank of America, N.A.

The Card is a payment card that can be used to purchase goods and services at authorized Merchants located at or near the Shopping Center.  The funds loaded on the Card are collected by the Shopping Center and deposited with and held by us in a pooled account with funds associated with other cards.  You will not be paid or earn interest on the amount of the Card.  The issuance of the Card does not establish an account relationship between you and us.

The Card is not a credit card and can be used only for the amount of money loaded onto the Card. When you use the Card, the amount available on the Card will be reduced by the amount of each purchase until it reaches zero.  The Card subject to the fees set forth in Section 12 of this Agreement.  The Card may also be subject to deductions required by law, including deductions, if any, resulting from the escheat of Card funds under applicable state laws governing unclaimed property.  You may not add any funds to the Card. Your ability to make purchases with the Card will end when the Card amount reaches zero.

SECTION 2.  TYPES OF AVAILABLE TRANSACTIONS AND LIMITS ON TRANSACTIONS

Point-of-Sale Transactions. You may use the Card to purchase goods and services only at authorized Merchants located at or near the Shopping Center.  For information about the Shopping Center and Merchants, please visit the Shopping Center information desk, the Shopping Center website, which may be identified on the back of the Card, or call 1.800.755.8713.

If you attempt to use the Card for a purchase amount that is greater than the amount on the Card, your transaction will be declined.  However, if the purchase amount is greater than the amount on the Card, most Merchants will permit you to pay the difference with alternative methods.  You must inform the Merchant before beginning your transaction if you wish to pay a portion of the purchase amount using the Card.  You do not have the right to stop payment on any point-of-sale transaction originated by the use of the Card.  You agree that we are not responsible for goods or services purchased with the Card, and we are not responsible if any Merchant refuses to accept the Card or for any other actions of the Merchant.  The return policy of the Merchant at which the Card is used is the applicable return policy.  You will resolve disputes directly with the Merchant on purchases made using the Card and returns thereof, and if you receive a refund relating to a Card transaction, you agree to accept a credit to the Card as the method of refund.   Any credit to the Card may not be available for use by you for up to 10 business days.  A credit to a zero balance Card will reinstate the Card.

Cash Transactions. The Card does not permit any type of cash transactions. Except amount on the Card, including a small or de minimis balance, will not be redeemable for cash.

Remaining Amount. It is important that you track the amount remaining on the Card.  You may check the remaining amount on the Card at any time at no charge by calling 1.800.755.0085 or visiting www.getmybalance.com.  The Maintenance Fee described in Section 12 will reduce and may exhaust the entire Card amount on Cards sold in states other than Connecticut, Hawaii, Maine and New Hampshire.

Unclaimed Funds – Escheat. If our records show that you have not used the Card within a time period set by state law, the amount remaining on the Card may become unclaimed property subject to escheat under state unclaimed property laws.  If the amount remaining on the Card becomes unclaimed property subject to a state unclaimed property law, we will be required to escheat the available balance to the state in an amount and at the time required by the state law.  At that time, you will lose the ability to use the Card.  If escheat occurs, you may inquire about the status of the Card funds by calling 1.800.755.8713.

Legal Transactions. You agree that you will only use the Card for transactions that are legal. You agree that we may decline transactions we believe may be illegal or in violation of the applicable network rules.  You also agree that if we do not decline the transaction, we may charge the Card and we are not liable to you if you engage in an illegal transaction.

Limitations on Use. You agree that you will not use the Card to pay tips or gratuities, to make recurring payments, to make preauthorized transactions (which are prepaying for a hotel stay, a car rental, or at the pump for gas or other transactions where the actual or final amount of the transaction is unknown at the time the Card is authorized for use), to make payment on a credit account, to pay for any gambling transaction or to pay for any illegal transaction.  You agree that you will not use the Card for any “card not present” transactions, such as online purchases.   You agree that you will not use the Card at any non-participating or unauthorized merchant locations.  You agree that a purchase made by you may not be authorized or settled by us unless it complies with this Agreement.  The Card may be canceled, repossessed, locked or revoked at any time without prior notice.  The Maintenance Fee will be assessed on a locked or revoked Card sold in a state other than Connecticut, Hawaii, Maine and New Hampshire.

Authorized Use of Card. If you authorize someone else to use the Card, you will be responsible for any transactions initiated by such person(s) with the Card even if you intended to limit that person’s use of the Card to a particular amount or particular time.  You agree to keep the Card in a safe place, and to report

any suspected unauthorized use of the Card immediately to 1.800.755.8713.

Overdrafts. The amount on the Card will be reduced by the amount of your transactions, plus, for Cards sold in states other than Connecticut, Hawaii, Maine and New Hampshire, applicable Maintenance Fees. Any transaction that will create a negative amount (overdraft) on the Card is not permitted.  However, if an overdraft on the Card does occur, you agree to pay us on demand the amount of such overdraft.  You agree that we may lock or revoke the Card, without notice, if we do not receive funds from you in the full amount of the activated balance on the Card.

SECTION 3.  TELEPHONE NUMBER AND ADDRESS TO BE NOTIFIED IN EVENT OF A LOST OR STOLEN CARD
If you believe that the Card has been lost or stolen: call toll free 1.800.755.8713, 24 hours a day, 7 days a week, or write to: Bank of America, 520 W. 103rd Street, #256, Kansas City, Missouri 64114.  Subject to acceptable proof of Card ownership, we will make reasonable efforts to lock a lost or stolen Card from further use.  If you notify us promptly of a lost or stolen Card and we are able to lock it from further use, you will not be liable for anyYou may request a replacement Card for a lost, stolen or damaged Card at the Shopping Center.  A replacement Card will not be issued unless you present adequate proof of purchase, the 16 digit Card number, the damaged Card, in the case of a damaged Card, and your full identification.  Requests to replace a Card may be denied by us or the Shopping Center, in either’s discretion, in the event we or the Shopping Center suspects fraudulent or unlawful activity or improper Card use.  If the replacement is approved, a new Card will be issued and activated in the amount remaining on the Card, if any, at the time of the replacement.  You may be charged a Replacement Card Fee described in Section 12.  The Maintenance Fee, described in Section 12 of this Agreement, will be assessed on Cards sold in states other than Connecticut, Hawaii, Maine and New Hampshire through the date, if any, when a replacement Card is issued. Replacements may take up to 30 days to process.

SECTION 4.  BANK’S LIABILITY; LIMITATION OF LIABILITY; ERROR RESOLUTION PROCEDURES
a.  Bank’s Liability.
If we do not complete a transaction arising from the use of the Card on time or in the correct amount according to this Agreement, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
(i) if, through no fault of ours, the amount on the Card is insufficient to complete the transaction; or
(ii) if the point-of-sale terminal was not working properly and you knew about the breakdown when you started the transaction; or
(iii) if circumstances beyond our control (such as power outages, equipment failures, fire or flood) prevent the transaction, despite reasonable precautions that we have taken; or
(iv) if the Card has been reported to be, or suspected of being, lost or stolen, and we have taken action to prevent transactions with the Card.
b.  Limitation of Bank’s Liability for Unauthorized Transactions.
Our liability is limited to reimbursing you for the amount of an unauthorized transaction, up to the amount on the Card immediately before the unauthorized transaction occurs.  However, we will only be liable for any such amount after you have notified us that the Card has been lost or stolen and if we were able to lock the Card from further use.  For example, if you are unable to provide us with the Card number or other information that allows us to obtain the Card number, then we will be unable to lock the Card. We are not liable for any claims of special, indirect or consequential damages.
c. Error Resolution Procedures.
In case of errors or questions about your transactions:

Telephone us at 1.800.755.8713 or write to Bank of America, 520 W. 103rd Street, #256, Kansas City, Missouri 64114.
Call or write us as soon as you can in case of errors or questions about transactions arising from the use of the Card. We must hear from you no later than 60 days after the date of the transaction in question.

(i) Tell us your name and Card account number.
(ii) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(iii) Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit the Card within 10 business days for the amount you think is in error, so that you will have the use of that amount during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit the Card.
For errors involving Cards issued less than 30 days or point-of-sale transactions, we may take up to 90 days to investigate your complaint or question. For Cards issued less than 30 days, we may take up to 20 business days to credit the Card for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of documents that were used in the investigation.
We reserve the right to correct the Card balance if we believe that a clerical, billing or accounting error has occurred.

SECTION 5.  DISCLOSURE OF INFORMATION TO THIRD PARTIES

From time to time, subject to any applicable financial privacy laws or other laws or regulations, we may provide information about you and the Card to our service provider, Store Financial Services, LLC, or Shopping Center.  We, including Store Financial Services, LLC and Shopping Center, may provide information about you and the Card (a) to anyone who we reasonably believe is conducting a legitimate credit inquiry, including without limitation, inquiries to verify the existence or condition of an account for a third

party such as a lender, Merchant or credit bureau; (b) in response to any subpoena, court or administrative order, or process which we believe requires our compliance; (c) in connection with collection of indebtedness or to report losses incurred by us; (d) in compliance with any agreement between us and a professional, regulatory or disciplinary body; (e) in connection with the potential sale of business by any of us or our service providers; (f) to carefully selected service providers who help us meet your needs providing or offering our services; and (g) as otherwise provided or allowed by law.  We, including Store Financial Services, LLC and Shopping Center, also may collect information about you and take actions necessary to verify your identification.  You agree that any of us may disclose information to any third party about the Card when such information is aggregated with other information and does not specifically identify you.

SECTION 6. RECORDING AND MONITORING TELEPHONE CALLS
The telephone calls between you and us or our service providers may be recorded or monitored. We need not remind you of the recording or monitoring before each call unless we are required to do so by law.

SECTION 7.  GOVERNING LAW; SEVERABILITY
This Agreement will be governed by the laws and regulations of the United States and, to the extent not so covered, by the laws and regulations of the State of North Carolina. A determination that any part of this Agreement is invalid or unenforceable will not affect the remainder of this Agreement.  All provisions of this Agreement are void where expressly and to the extent prohibited by applicable law.  In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be eliminated or adjusted to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

SECTION 8. YOUR LIMITED RIGHT TO CANCEL
If the Card has not been used and you do not want the Card, you may cancel this Agreement and return the Card before it is used along with the original receipt, by United States mail postage prepaid, to ATTN: Card Refunds, 520 W. 103rd Street, #256, Kansas City, Missouri 64114 within 30 calendar days after the Card activation date.  If the Card is timely returned before it is used, you will receive a refund in the amount on the Card.  Time is of the essence in returning the Card.  No refunds will be honored unless (a) the Card is returned unused by United States mail post-marked within the 30 calendar day period; and (b) you provide your name and mailing address with the returned Card and the original receipt.  Information concerning the Card activation date and this cancellation program may be obtained by calling 1.800.755.8713.  Requests for cancellation may take up to 60 days to process.

SECTION 9. TERMINATION OF PROGRAM

We have the right to terminate the Card program at any time.  If we have terminated the program and the Card can no longer be used, you may surrender the Card and redeem the remaining amount on the Card for a refund by returning the Card by United States mail postage prepaid, to ATTN: Card Refunds, 520 W. 103rd Street, #256, Kansas City, Missouri 64114. No refunds will be honored unless (a) the Card is

returned, and (b) you provide your name and mailing address with the returned Card.  Requests for refunds may take up to 60 days to process. For inquiries concerning surrenders and redemptions, call 1.800.755.8713.  Until the Card is surrendered, the monthly Maintenance Fee described in Section 12 will continue to apply to Cards sold in a state other than Connecticut, Hawaii, Maine and New Hampshire.

SECTION 10. ASSIGNMENT
We may assign, without recourse, our duties and obligations as issuer of the Card to another entity.

SECTION 11.   VALID THRU DATE

FUNDS DO NOT EXPIRE. The plastic card will be unusable after the “valid thru” date stated on the Card. The “valid thru” date is not an expiration date on the Card funds.  The amount remaining on the Card will be available until the amount reaches zero.  The Card funds will be temporarily unavailable after the “valid thru” date until you obtain a free replacement Card.  You may present and exchange the unusable card at no charge for a replacement Card, which will be activated in the amount remaining on the Card at the time of the exchange.  Replacements may take up to 30 days to process.  For inquiries about exchanging an unusable card, call 1.800.755.8713.

SECTION 12. FEES
fees are imposed by and retained by us.


Purchase Fee The Shopping Center may charge a fee directly to the purchaser of the Card for the purchase and/or activation of the Card in the amount disclosed to the purchaser at the time of sale.  The purchase fee, if any, will be paid directly by the purchaser to the Shopping Center and will not be deducted from the amount on the Card.  We will not retain any portion of the purchase fee.
Maintenance Fee EXCEPT FOR CARDS SOLD IN CONNECTICUT, HAWAII, MAINE AND NEW HAMPSHIRE, A $2.50 FEE WILL BE DEDUCTED MONTHLY FROM THE CARD BALANCE STARTING ON THE FIRST DAY AFTER A ONE-YEAR PERIOD OF INACTIVITY.  ACTIVITY MEANS ANY ACTION RESULTING IN AN INCREASE OR DECREASE IN THE CARD BALANCE, OTHER THAN THE IMPOSITION OF A FEE, OR AN ADJUSTMENT DUE TO AN ERROR OR REVERSAL OF A PRIOR TRANSACTION.    For the Card transaction history, visit www.getmybalance.com or call 1.800.755.8713.
Replacement Card Fee Unless prohibited by law, if a replacement Card is issued for a lost, stolen or damaged card, a $5.00 Replacement Card Fee will be charged.

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