This Cardholder Agreement ("Agreement") is the agreement between you and Branch Banking and Trust Company, with an address of P O Box 1057, Louisville, KY 40201 with respect to our issuance and your use of the accompanying Discover® Gift Card ("Card"). You will be deemed to have accepted the terms of this Agreement if you accept or use the Card, and these terms shall also apply to any person authorized to use this Card.
In this Agreement, “you” and “your” mean the person to whom the Card is issued, the person receiving the Card, or the person using the Card. The terms “we,” “us,” and “Bank” mean Branch Banking and Trust Company, and their successors, agents, and assigns.
To the extent federal law is not applicable, the laws of the state of North Carolina shall govern this Agreement without regard to that state’s conflict of laws principles. We may waive any of the provisions or conditions of this Agreement, but any such waiver shall be effective only on that occasion and shall not be construed as a continuing waiver of the waived provision or condition on any other occasion.
The Card is a prepaid, non-personalized, non-reloadable, gift card that may be used to make purchases at retail merchants who have agreed to accept the Card and who are located in the property where the Card was purchased. The Card is loaded with a U.S. dollar amount designated by the purchaser. As you use the Card, the amount loaded on the Card will be reduced by purchases and any applicable fees. The loaded amount less purchases and applicable fees is known as the Available Balance. Your Card and its pre-funded account are not issued in your name. No separate deposit account is established for you that is associated with this Card. The Card is not FDIC insured.
GIFT CARD ACTIVATION AND EXPIRATION
Your Card was activated at purchase and it may be used to make purchases until the “Valid Thru” date printed on the Card. On that date, unless prohibited by applicable law, the Card and any Available Balance expire and you can no longer use the Card or access the Available Balance. Any Available Balance remaining after expiration will be forfeited and may be turned over or escheated to the appropriate state pursuant to applicable law.
Subject to applicable law the following fees will be charged:
Issuance Fee: Determined by the Agent who sold the Card.
Maintenance Fee: $3.00 per month after the 12th month of dormancy.
The Issuance Fee is the fee paid to purchase the Card. The Maintenance Fee is charged against the Available Balance after 12 months of Card dormancy. Dormancy means that that there have been no purchases or other qualifying activity for the preceding 12 months.
CARD BALANCE AND ACTIVITY INFORMATION
You may access Available Balance, Fee and purchases by calling 800-798-4099 or visiting www.bbtcardbalance.com or at the customer service center at the location where the Card was purchased.
You may use the Card to purchase goods and services from retail merchants who have agreed to accept the Card and who are located in the property where the Card was purchased. You may not use the Card to pay for airline tickets, car rentals, or to pay for gas at the pump. To purchase gas, you must give the Card to an attendant to process payment. You acknowledge and agree that the total amount of purchases that may be made with the Card is limited to the Available Balance. You are responsible for keeping track of your Available Balance. You may not use the Card at ATMs or to access any accounts you may have at the Bank.
If you wish to make a purchase that exceeds the Available Balance, you must inform the merchant that you wish to pay for your purchase with your Card and another form of payment. Not all merchants will accept this type of "split tender" payment.
Some merchants may accept the Card for Internet, telephone or catalog purchases. If you wish to use the Card to make purchases over the Internet, by telephone or through a catalog, you must first register the Card by visiting bbtcardbalance.com. You will be asked for the Card number and unique identifying information, and provided the opportunity to create a username and password. Notify us of any change in your address.
A merchant will obtain authorization for the amount of your purchase. A purchase will not be authorized if it exceeds the Available Balance. However, in the event that such a transaction is authorized, due to systems malfunction or any other reason, you are liable for and agree to pay immediately the difference between the Available Balance and the transaction amount.
We may refuse to authorize a Card transaction if we reasonably believe that the transaction is made in connection with an unlawful transaction or activity including, without limitation, gaming, gambling, lottery, or similar activities. We may temporarily “freeze” the Card if we note transactions that are unusual or appear suspicious.
In certain circumstances, the authorization for a purchase may be greater than the actual purchase amount. For example, at a restaurant, an authorization may be for the amount of the meal plus an additional 20% to ensure adequate funds should the customer decide to add a tip. Because we are obligated to pay the authorization amount, the Available Balance on the Card will be reduced by the amount of the authorization (a “hold”) even though the actual purchase may be less than the amount authorized. We are obligated to pay the amount authorized, even if the final settlement transaction has not yet been received or processed by us. This hold, which may be more or less than the final transaction amount, will affect the balance available to pay or authorize other Card transactions. As a result, Card transactions may be declined, dishonored, or not paid. We are not responsible if we do not authorize or pay subsequent Card transactions while such a hold is placed on the Available Balance. By conducting point-of-sale transactions, you authorize us to rely on authorized amounts submitted by merchants, to place such a hold or holds on the Available Balance, and to determine the balance available to pay and/or authorize other Card transactions. The hold will be released upon the earlier of: (i) settlement of the transaction for which the authorization was obtained, (ii) three (3) business days after the authorization.
You agree to settle all disputes about purchases or transactions made with the Card with the merchant who honored the Card. If you are entitled to a refund for a purchase made in whole or in part with the Card, you agree to accept a refund in the form offered by the merchant.
LOST OR STOLEN CARD
Your Card is not issued in your name. The Card should be treated the same as cash and you are responsible for safeguarding the Card. The Card is not a credit card and does not have credit card protections. You do not have the right to stop payment on any transaction originated by use of your Card. Lost or stolen Cards cannot be replaced. If a lost or stolen Card is used for a purchase(s), the Available Balance shall be reduced by the amount of such purchase(s). You assume all risks of loss from a lost or stolen Card.
LIMITATIONS ON OUR LIABILITY
Except and only to the extent prohibited by applicable law, we shall have no liability to you for performing or failing to perform any service in connection with the Card except if we acted in bad faith. In the event a court of law finds us liable to you for acting in bad faith in the performance or failure to perform a service, you may recover actual damages only. EXCEPT AND ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. You further agree that all of the limitations on our liability that are described in this paragraph also apply to the merchants, the agent who sells you the Card, the owner of the shopping complex, the management company managing the shopping complex and any and all parent corporations or companies, subsidiaries, affiliates, predecessors, successors and assigns of any and all of the foregoing. You agree that the provisions of this paragraph will survive expiration of the Card and/or termination of any rights or obligations related thereto, including the reduction of the Available Balance to zero and any sale or assignment by us of our obligations relating to the Card.
IT IS IMPORTANT THAT YOU READ THIS ARBITRATION PROVISION CAREFULLY. IT PROVIDES THAT YOU MAY BE REQUIRED TO SETTLE A CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU PREFER TO LITIGATE SUCH CLAIMS IN COURT. YOU ARE WAIVING RIGHTS YOU MAY HAVE TO LITIGATE THE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIMS. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL ANY PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION LOSS OF PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any Claim or dispute (“Claim”) by either you or us against the other arising from or relating in any way to the Card or this Agreement will, at the election of either you or us, be resolved by binding arbitration. This arbitration provision governs all Claims, whether such Claims are based on law, statute, contract, regulation, ordinance, tort, common law, constitutional provision, or any other legal theory and whether such Claim seeks as remedies money damages, penalties, injunctions or declaratory or equitable relief. Claims subject to this arbitration provision include Claims regarding the applicability of this provision or the validity of this or any prior agreement. As used in this provision, the term “Claim” is to be given the broadest possible meaning, and includes Claims that arose in the past or arise in the present or future. If a party elects to arbitrate a Claim, the arbitration will be conducted as an individual action. This means that even if a class action lawsuit or other representative action, such as those in the form of a private attorney general action, is filed, any Claim related to the issues of such lawsuits will be subject to arbitration if you or we so elect. Claims subject to arbitration also include Claims that are made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise. The party filing for arbitration must choose one of the following arbitration administrators: American Arbitration Association; JAMS; or National Arbitration Forum. Arbitration will be conducted under the rules of the selected administrator by an impartial third-party arbitrator. Any arbitration shall be conducted in the city where the Card was purchased, the city of our main office, or a location mutually agreed upon by the parties.The arbitrator will either be a lawyer with at least ten years’ experience in banking, a retired or former judge or a law school professor with banking law expertise. The arbitrator will be selected in accordance with rules of the selected administrator. The arbitrator will apply the substantive law of the state where our main office is located. The parties may choose to be represented by an attorney. The arbitration will be conducted under the applicable procedures and rules of the administrator that were in effect on the date the request for arbitration is filed. Certain rights that you would have if you went to court such as discovery or the right of appeal may not be available in arbitration or may be more limited. The arbitrator’s decision will be final and binding. If there is a conflict between the rules and procedures of the administrator and any term in this provision, the terms of this provision shall prevail. You or we may bring an action including a summary or expedited motion to compel arbitration of any Claim, or to stay the litigation of any Claims pending in any court. Such action may be brought at any time. The failure to initiate or request arbitration at the beginning of a dispute or Claim shall not be construed as a waiver of the right to arbitration.
At your request, we will advance any reasonable arbitration filing fee, or administrative and hearing fees that you are required to pay up to $500. We will reimburse you for the initial fee if you paid it and you prevail on your Claim. All other fees will be allocated pursuant to the rules of the administrator. The arbitrator may award any fees, cost, and expenses including attorney’s fees, as permitted by the administrator’s rules. You may obtain copies of the current rules of each administrator, including information about arbitration, fees, and instructions for initiating arbitration by contacting the administrators. American Arbitration Association, 335 Madison Avenue, Floor 10, New York NY 10017. Phone: 800-778-7879. Website; www.adr.org. JAMS, 1920 Main Street, Suite 300, Irvine, CA 92610. Phone: 800-352-5267. Website: www.jamsadr.com. National Arbitration Forum, P.O. Box 50191 Minneapolis, MN 55405. Phone: 800-474-2371. Website: www.arbitration-forum.com
You agree that this arbitration agreement will survive expiration of the Card and/or termination of any rights or obligations related thereto, including the reduction of the Available Balance to zero and any sale or assignment by us of our obligations relating to the Card.
RIGHTS OF ENTITIES ASSOCIATED OR AFFILIATED WITH US
You agree that all of our rights under this Agreement, including but not limited to the limitations on liability and the right to arbitrate rather than litigate, shall extend to and inure to the benefit of any other legal entity that may in any way be associated or affiliated with us, such as the merchants, the agent who sells you the Card, the owner of the shopping complex, the management company managing the shopping complex and any and all parent corporations or companies, subsidiaries, affiliates, predecessors, successors and assigns of any and all of the foregoing. You also agree that this paragraph will survive the expiration of the Card and/or termination of any rights or obligations related thereto, including the reduction of the Available Balance to zero and any sale or assignment by us or by any other such legal entity associated or affiliated with us of our, its or their obligations relating to the Card.
MODIFICATION, CANCELLATION AND WAIVER
Except where prohibited by applicable law, we may cancel or modify any terms, conditions, or services related to use of the Card including any part of this Agreement without notice to you. We may delay or waive any right at any time but such delay or waiver shall not affect exercise of those rights in the future.
If any of the provisions of this Agreement are invalid, the remaining provisions shall continue in full force and effect.