IMPORTANT: THIS ADDVENTURE (“ADDVENTURE”) TERMS OF USE (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND ADDVENTURE THAT PROVIDES THE TERMS AND CONDITIONS FOR YOUR USE OF ADDVENTURE’S ONLINE, iOS and ANDROID APPLICATION (“APPLICATION”), THE AFFILIATED WEBSITE (“USER SITE”) AND ANY RELATED SOFTWARE, MATERIALS AND/OR DOCUMENTATION (COLLECTIVELY, THE “SERVICE”). BY ACCEPTING THIS AGREEMENT, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE AGREEMENT AND AGREE TO BECOME BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN DO NOT ACCEPT THIS AGREEMENT AND YOU WILL NOT RECEIVE ACCESS TO THE SERVICE.
1. The Service.
1.1 Addventure grants you a non-transferrable right to use the Service subject to the terms of the agreement between Addventure and your employer. By clicking on “I Agree,” you agree to be bound by any and all license agreements that your employer has entered into with Addventure.
1.2 To provide you with the most current version of the Service, Addventure reserves the right to update, upgrade or otherwise change the Service and any Applications at any time. By clicking on “I Agree,” you signify that you understand and agree that such updates, upgrades or other changes may occur from time to time during your use of the Service and Applications without prior notice to you.
2. Access to the Service and Security.
2.1 Addventure will create an account, with an associated password, through which you may access the Service based on the actual Services purchased by your employer. The date you are provided with such password shall be the Service Activation Date. You may access the Site either through downloading the iOS or Android Application or, as applicable, through certain other Applications or Websites.
2.2 Other than distribution of the initial password for access to the Service, Addventure will have no obligation or responsibility with regard to the use, distribution or management of such passwords. You agree to notify Addventure immediately if you suspect any unauthorized use of the Service, User Site or related passwords.
2.3 You acknowledge and agree that there is a strict limit of one user per account on any and all Addventure Applications. In addition, you may not share or disclose your username or password.
2.4 Children under the age of 18 are not permitted to use the Service, and we do not intentionally collect or maintain Personal Information from those who are under 18 years old. Protecting the privacy of children is very important to us. Thus, if we obtain actual knowledge that a user is under 18, we will take steps to remove that user’s Personal Information from our databases. By using the Service, you are representing that you are at least 18 years old.
3. Restrictions and Prohibited Acts. As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service in any manner that could damage, disable, overburden or impair any Addventure server, or the network(s) connected to any Addventure server, or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Addventure server or to the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You may not use the Service, including any Application, on a timeshare or service bureau basis. In addition, you may not access or use the Service or distribute or display Content in any manner that:
3.1 Violates any laws or regulations or is not for a legitimate business purpose;
3.2 Introduces a virus, worm, Trojan horse or other harmful software code;
3.3 Consumes excessive CPU time, bandwidth, memory storage space, or any other system or network resources;
3.4 Engages in any systematic extraction of data or data fields, including, without limitation, email addresses;
3.5 Exposes Addventure to adverse publicity;
3.6 Infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property rights of any third party or Addventure;
3.7 Discloses or collects personally identifying information or private information about any third party without that party’s consent (or parental consent in the case of a minor);
3.8 Transmits, promotes, solicits or comprises harassing, abusive, threatening, obscene, vulgar, libelous, pornographic or otherwise objectionable or unlawful content or activity;
3.9 Attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity;
3.10 Transmits junk mail, spam, chain letters, or other unsolicited email or duplicative messages;
3.11 Sells, leases, or rents access to or use of the Service;
3.12 Advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any high-risk activity where damage or injury to persons, property, environment or business may result;
3.13 Designs, develops, or creates a competitive product or service to Addventure’s products and services;
3.14 Links to content that promotes any of the above; or
3.15 Addventure, using commercially reasonable judgment, finds objectionable.
4. Acceptable Use Policy.
Notwithstanding the covenants and restrictions set forth in Section 3, above, this Acceptable Use Policy describes actions that Addventure Inc. (“Addventure”) prohibits when you use its website and/or services (the “Services”). The terms “you,” “your” and “yours” refer to the Addventure workforce member, customer or participant, or vendor. The Acceptable Use Policy is governed by our Terms of Service. Our Terms of Service take precedence over any conflicting Acceptable Use Policy provision. BY USING THE SERVICES OR THE Addventure APPLICATION OR WEBSITE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS ACCEPTABLE USE POLICY. IF YOU DO NOT AGREE TO THIS ACCEPTABLE USE POLICY, DO NOT USE THE WEBSITE AND/OR SERVICES. Addventure may, in its sole discretion, determine whether you are in violation of this Acceptable Use Policy. The Services may be used only for lawful purposes and may not be used for any illegal activities. Using the Services in an illegal, abusive or otherwise inappropriate manner that interferes with or diminishes others’ use and enjoyment of the Services is prohibited. The following list gives examples of illegal, abusive, interfering, unacceptable or otherwise inappropriate behavior while using the Services. This list is provided by way of example and shall not be considered exhaustive.
- Adversely impacting the availability, reliability or stability of Addventure’s Services.
- Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of Addventure’s Services.
- Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk to Addventure, to any user of our Services, or to any of our respective customers or their customers.
- Testing or reverse-engineering the Services in order to find limitations, vulnerabilities or evade filtering capabilities.
- Using the Services in any manner that may subject Addventure or any third party to liability, damages or danger.
- Using the Services in any manner that violates any applicable third party policies or requirements that Addventure has communicated to the customer.
- Engaging in fraud with respect to your account.
- Using your account to engage in fraudulent activity with respect to third parties.
- Using any of the Addventure Properties or Addventure Marks other than as expressly permitted in the Terms of Service.
- Transmitting any material that may infringe the intellectual property rights or other rights of third parties, including but not limited to trademark, copyright or rights of publicity, or otherwise violating, infringing or misappropriating the rights of any third party.
- Promoting or engaging in illegal activities.
- Engaging in activities or transmitting through the Services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age.
- Harvesting or otherwise collecting information about others from Addventure’s website without their express consent.
- Interfering with or disrupting networks connected to the Services or violating the regulations, policies or procedures of such networks.
- Using the Services, or a component of the Services, in a manner not authorized by Addventure.
4.1 Remedies. Violation of this Acceptable Use Policy may result in the immediate suspension of your account or civil and/or criminal liability. Addventure may, in addition to any remedy that it may have at law or in equity, terminate permission for you to use the Services. In such event, you are still liable for any and all outstanding charges accumulated through your use of the Services, including uses in violation of this Acceptable Use Policy or the laws of any jurisdiction. In addition, Addventure may investigate incidents that are contrary to this Acceptable Use Policy and provide requested information to third parties who have provided notice to Addventure stating that they have been harmed by your failure to abide by this Acceptable Use Policy. Addventure’s failure to enforce this policy in every instance in which it might have application does not amount to a waiver of Addventure’s rights hereunder.
4.2 Changes to Acceptable Use Policy. We reserve the right to change the Acceptable Use Policy from time to time without notice by posting changes to Addventure’s website. When we do, we will also revise the “last update” date of the Acceptable Use Policy.
5. Privacy. Addventure’s privacy policy, available on our website, is hereby incorporated into the Agreement by reference.
6. Term/Termination.
6.1 Term. This Agreement shall become effective when you electronically register your acceptance of this Agreement by either clicking “I Agree” or by registering for and using the Service. The Term of this Agreement shall commence on the Service Activation Date and will continue in effect until the Service Term expires.
6.2 Termination by Addventure. Addventure may at any time terminate the Service and this Agreement, or suspend or restrict your access to the Service in whole or in part, if:
6.2.1 Addventure determines in its sole and exclusive judgment that terminating your Service is advisable for security reasons, to protect Addventure from liability, or for the continued normal and efficient operation of the Service.
6.3 Upon termination of Service, all rights granted to you under this Agreement and any Application License Agreement will terminate immediately. Addventure reserves the right to delete any data files associated with your use of the Service upon termination of the Service.
7. Proprietary Rights.
7.1 You acknowledge and agree that Addventure and its licensors own all right, title and interest in: (a) the Service; (b) the Applications; (c) the User Site; and (d) any other Addventure software. In addition, you acknowledge that the Service, the Applications, the User Site and any other Addventure software are protected by United States and international copyrights, trademarks, patents and other proprietary rights and laws. You may not decompile, reverse-engineer, decode or otherwise examine the internal functioning of the Service, the Applications, the User Site or any Addventure software, including the embedded Addventure Flash Player in Application-generated converted files, and may not make, use, sell, copy, reproduce, distribute, transmit or create derivative works from the Service, the Application or any other Addventure software without Addventure’s prior written consent.
7.2 You are welcome to send suggestions on improving the Service, but in doing so, you acknowledge and agree that such suggestions will become the property of Addventure without obligation to compensate you.
7.3 You agree and authorize Addventure to disclose any non-identifiable health or other information that you provide to Addventure to third parties who may use such information only for purposes of research.
8. Websites Links. Addventure may provide links to other websites or resources as part of the Service only as a convenience to you. Addventure is not responsible for the contents, products or services on any third-party site, and the inclusion of any link does not imply that Addventure endorses the content on such third-party sites. You are visiting such third-party sites solely at your own risk.
9. Cardholder Agreement.
By accepting and using the Addventure Card, you agree to be bound by the terms and conditions contained in the separate Cardholder Agreement that accompanies each new card. The Cardholder Agreement outlines the terms and conditions under which the Rewards Prepaid Mastercard has been issued to you by The Bancorp Bank, Wilmington, Delaware ( the “The Bancorp Bank” or “Issuer”). The Issuer is an FDIC insured member institution. Please refer to Exhibit A for the Cardholder Agreement.
10. Contributions and Funds
Cash contributions to your Addventure account from payroll are made on an after-tax basis and are not subject to any tax advantages or limitations. Any Employer Contributions are also considered taxable income when spent and should be accounted for as such.
Funds from Employee contributions do not expire. At the end of each program year, funds will roll over. There is no impact to your account when the program year ends. However, the ability to earn employer contributions resets with each new program year. The employer contribution amount is subject to change each year at the employer’s discretion.
There is no vesting schedule. Once funds are contributed to your Addventure account, they are immediately available for qualified purchases. Employer rewards may be contingent on completing wellness program activities and may take additional processing time to be funded to the account. For questions related to Employer contributions, contact your Employer’s Human Resources department.
If you retire or cease employment with your sponsoring Employer, you can continue to use your Addventure account and the Addventure app. You will no longer receive payroll contributions through your employer, but you can continue to use your account with no disruption in service, until funds are used.
You can withdraw employee contributions at any time, but cannot withdraw employer contributions for non travel-related purposes. There is a $20 administrative fee to withdraw funds (this fee can be deducted from employer contributions).
11. Qualified Expenses
Addventure cardholders can use their Addventure card to make purchases that fall under the below list of Mastercard® Merchant Category Codes:
3000-3350 – Airlines, Air Carriers
3351-3500 – Car Rental Agencies
3501-3999 – Lodging – Hotels, Motels, Resorts
4111 – Transportation—Suburban and Local Commuter Passenger, including Ferries
4112 – Passenger Railways
4121 – Limousines and Taxicabs
4131 – Bus Lines
4411 – Cruise Lines
4457 – Boat Leases and Boat Rentals
4511 – Air Carriers, Airlines—Not Elsewhere Classified
4582 – Airports, Airport Terminals, Flying Fields
4722 – Travel Agencies and Tour Operators
4784 – Bridge and Road Fees, Tolls
4789 – Transportation Services—not elsewhere classified
7011 – Lodging—Hotels, Motels, Resorts—not elsewhere classified
7012 – Timeshares
7032 – Recreational and Sporting Camps
7033 – Campgrounds and Trailer Parks
7512 – Automobile Rental Agency—not elsewhere classified
7513 – Truck Rental
7519 – Motor Home and Recreational Vehicle Rental
7523 – Automobile Parking Lots and Garages
12. Warranty Disclaimers.
12.1 THE SERVICE AND THE APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED BY LAW, ADDVENTURE, ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, LICENSORS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE AND THE APPLICATIONS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ADDVENTURE DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE CONTINUOUS, ACCESSIBLE, UNINTERRUPTED OR ERROR-FREE, OR THAT OUR SERVERS AND SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ADDVENTURE’S SECURITY PROCEDURES AND MECHANISMS WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO USER INFORMATION BY THIRD PARTIES.
12.2 THE SECURITY MECHANISMS INCORPORATED IN THE SERVICE HAVE INHERENT LIMITATIONS AND YOU MUST DETERMINE THAT THE SERVICE ADEQUATELY MEETS YOUR REQUIREMENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ADDVENTURE, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
12.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
13. Limitation of Liability.
13.1 NEITHER ADDVENTURE NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THE SERVICE OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE OR ANY APPLICATION AND BASED ON ANY THEORY OF LIABILITY INCLUDING STATUTE, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADDVENTURE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
13.2 THE LIMITATIONS ON LIABILITY IN THIS SECTION ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
13.3 THE CONTENT CONTAINED IN THE SERVICE, APPLICATIONS, USER SITE AND ANY OTHER ADDVENTURE SOFTWARE, INCLUDING BUT NOT LIMITED TO TEXT, GRAPHICS, IMAGES, AUDIO, VIDEO, ANIMATIONS, ETC. (“CONTENT”), ARE FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT; NOR IS IT A REPLACEMENT FOR FINANCIAL OR BENEFITS ADVICE THAT YOU MAY RECEIVE FROM YOUR HUMAN RESOURCES DEPARTMENT OR PERSONAL FINANCIAL ADVISER. THE INDIVIDUALS THAT APPEAR IN THE COURSE VIDEOS ARE ACTORS AND NOT MEDICAL PROFESSIONALS. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION; YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR HUMAN RESOURCES DEPARTMENT OR PERSONAL FINANCIAL ADVISER WITH ANY QUESTION YOU MAY HAVE REGARDING HEALTH CARE BENEFITS OR FINANCIAL-RELATED HEALTH CARE ISSUES. ADDVENTURE IS NOT IN THE BUSINESS OF PROVIDING MEDICAL, HEALTH CARE OR FINANCIAL ADVICE. RELIANCE ON ANY CONTENT IS SOLELY AT YOUR OWN RISK.
13.4 Users are solely liable for any content they upload, post, share, or provide through the Applications. Users acknowledge and accept that Addventure does not filter or moderate such content. However, Addventure reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to this Application:
- If any complaint based on such content is received
- If a notice of infringement of intellectual property rights is received
- Upon order of a public authority; or
- Where Addventure is made aware that the content, while being accessible via this Application, may represent a risk for Users, third parties, and/or the availability of the Service.
The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold Addventure harmless from and against any claim asserted and/or damage suffered due to content the provided to or provided through the Applications.
14. Miscellaneous
This Agreement is governed by and construed in accordance with the laws of the State of Michigan, excluding conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of Michigan and the United States federal district court located in Wayne County, Michigan. You are solely responsible for your familiarity and compliance with any laws that may prohibit your participation in or use of any part of the Service. This Agreement constitutes the entire agreement between you and Addventure and supersedes all prior agreements, representations and understandings between the parties regarding the subject matter contained herein. If any provision of this Agreement is held to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions will remain in full force and effect. Addventure’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Addventure in writing. From time to time, Addventure may be required to update or modify this Agreement and shall provide you notice of such modifications; provided, however, your use of the Service after such notice shall constitute acceptance of the new Agreement. Your rights hereunder may not be assigned or transferred to any third party without the written consent of Addventure. Each party will provide the other with written notice under this Agreement by sending the other party notice as follows: for you, notice will be sent to the address and contact person for your account; and for Addventure, notice will be sent to Addventure, 2250 Butterfield Dr., Ste. 210, Troy, MI 48084 Attention: General Counsel.
Addventure does not warrant or represent that it complies with any privacy laws or regulations outside of the United States.
Exhibit A: CARDHOLDER AGREEMENT
IMPORTANT – PLEASE READ CAREFULLY
Terms and Conditions/Definitions for the Rewards Prepaid Mastercard
This Cardholder Agreement (“Agreement”) outlines the terms and conditions under which the Rewards Prepaid Mastercard has been issued to you by The Bancorp Bank, Wilmington, Delaware (the “The Bancorp Bank” or “Issuer”). The Issuer is an FDIC insured member institution. “Card” means the Rewards Prepaid Mastercard issued to you by The Bancorp Bank. By accepting and using the Card, you agree to be bound by the terms and conditions contained in this Agreement. “Card Account” means the records we maintain to account for the value of claims associated with the Card. “You” and “your” mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. “We,” “us,” and “our” mean the Issuer, our successors, affiliates or assignees. “Plan Sponsor” refers to the employer or entity sponsoring your benefit plan. You acknowledge and agree that the value available in the Card Account is limited to the funds that have been loaded to the Card Account on your behalf. You agree to sign the back of the Card immediately upon receipt. The expiration date of the Card is identified on the front of the Card. The Card is a prepaid card. The Card is not a gift card or a gift certificate. You have received this Card as a gratuity without the payment of any monetary value or consideration. You are not the owner of the Card or the funds underlying the Card. Your failure to activate and use the Card results in the loss of all right, title and interest in the Card and the underlying funds. The Card is not connected in any way to any other account. The Card is not a credit card. The Card is not for resale. You will not receive any interest on the funds in the Card Account. The Card will remain the property of the Issuer and must be surrendered upon demand. The Card is nontransferable and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. The Card is not designed for business use, and we may close the Card if we determine that it is being used for business purposes. We may refuse to process any transaction that we believe may violate the terms of this Agreement.
Our business days are Monday through Friday, excluding federal holidays, even if we are open. Any references to “days” found in this Agreement are calendar days unless indicated otherwise.
Write down the Card number and the customer service phone number provided in this Agreement on a separate piece of paper in case the Card is lost, stolen, or destroyed. Keep the paper in a safe place. Please read this Agreement carefully and keep it for future reference.
Card Activation
Your Card will arrive in the mail already activated.
Personal Identification Number
You will not receive a Personal Identification Number (“PIN”) with the Card.
Authorized Card Users
You are responsible for all authorized transactions initiated and fees incurred by use of the Card. If you permit another person to have access to the Card or Card number, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Card according to the terms and conditions of this Agreement.
Secondary Cardholder
You may not request an additional Card for another person.
Your Representations and Warranties
By activating the Card or by retaining, using or authorizing the use of the Card, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. citizen or legal alien residing in the fifty (50) states of the United States (“U.S”) or the District of Columbia; (iii) you have provided us with a verifiable U.S. street address (nota P.O. Box); (iv) the personal information that you provide to us in connection with the Card is true, correct and complete; (v) you received a copy of this Agreement and agree to be bound by and to comply with its terms; and (vi) you accept the Card.
Cash Access
You may not use the Card to obtain cash from an Automated Teller Machine (“ATM”) Point-of-Sale (“POS”) device or by any other means.
Loading The Card
You may not load funds to the Card. Only the Plan Sponsor may load additional funds to the Card. You will have access to the funds at the start of your plan year. Personal checks, cashier’s checks, and money orders sent to the Issuer are not an acceptable form of loading. All checks and money orders sent to the Issuer for Card loading will be returned unless the full amount may be applied towards a negative balance, in which case the check or money order may or may not be loaded to the Card at the discretion of the Issuer. Funds are immediately available after activation and within one (1) hour after reload.
The maximum value of the Card is restricted to $5,000.00
Preauthorized Transfers
The Card Account cannot be used for preauthorized direct debits from merchants, Internet service or other utility service providers (“Merchants”). If presented for payment, preauthorized direct debits will be declined and payment to the Merchant or provider will not be made. You are not authorized to provide the combination of the Issuer’s bank routing number and the Card Account number to anyone.
Using The Card/Features
The maximum value of the Card is restricted to $5,000. These are the maximum amounts that can be spent on the Card:
| Transaction Type | Frequency and/or Dollar Limits |
| Card Purchases (Signature) | No Limit per usage and up to the card balance |
| Card Purchases (PIN) | No Limit per usage and up to the card balance |
You may use the Card to purchase or lease goods or services everywhere Debit Mastercard or Interlink cards are accepted as long as you do not exceed the available value of the Card Account and other restrictions (see examples described below) do not apply. Some merchants do not allow cardholders to conduct split transactions where you use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available on the Card Account to the Card. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping the Card, the Card is likely to be declined.
You do not have the right to stop payment on any purchase or payment transaction originated by use of the Card. If you authorize a transaction and then fail to make the purchase of that item as planned, the approval may result in a hold for that amount of funds for up to thirty (30) days. All transactions relating to car rentals may result in a hold for that amount of funds for up to sixty (60) days.
If you use the Card number without presenting the Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you had used the Card itself. Card Account restrictions include, but are not limited to: restricted geographic or merchant locations where there is a higher risk of fraud or illegal activity; restrictions to comply with laws or prevent our liability; and other restrictions to prevent fraud and other losses. For security reasons, we may, with or without prior notice, limit the type, amount, or number of transactions you can make on the Card. You may not use the Card for illegal online gambling or any other illegal transaction. We may increase, reduce, cancel, or suspend any of the restrictions or add new ones at any time. The Card cannot be redeemed for cash.
Each time you use the Card, you authorize us to reduce the available value of the Card Account by the amount of the transaction and any applicable fees. You are not allowed to exceed the available amount in the Card Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the available balance of funds on the Card, you shall remain fully liable to us for the amount of the transaction and any fees, if applicable.
Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with the Card, you agree to accept credits to the Card for such refunds and agree to the refund policy of that merchant.
The Issuer, or Plan Sponsor is not responsible for the delivery, quality, safety, legality or any other aspects of goods or services that you purchase from others with a Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided.
Card Replacement
If you need to replace the Card for any reason, please contact your Plan Sponsor using the number on the back of your card to request a replacement Card. You will be required to provide personal information which may include the 16-digit Card number, your full name, transaction history, copies of accepted identification, etc. There is a fee for replacing a lost, stolen or damaged Card, see the Fee Schedule for details.
For information on replacing an expired Card, see the section below labeled “Expiration.”
Expiration
The Card will expire no sooner than the date printed on the front of the Card. The funds on the Card expire when the Card expires. Funds will be rolled over to your new Card, which will be automatically issued by your Plan Sponsor. You will not be able to use the Card after the expiration date. If you need a replacement Card for any reason other than the Card’s expiration, you may request one at any time, however there is a Replacement Card fee. For information about the fee, see the section labeled “Fee Schedule.”
Transactions Made In Foreign Currencies
If you obtain funds or make a purchase in a currency other than the currency in which the Card was issued, the amount deducted from the funds will be converted by Mastercard International Incorporated into an amount in the currency of the Card. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Mastercard International Incorporated from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Mastercard International Incorporated itself receives, or the government-mandated rate in effect.
for the applicable central processing date. If you obtain funds or make a purchase in a currency other than the currency in which the Card was issued, the Issuer may assess a foreign currency conversion fee of 3% of the transaction amount and will retain this amount as compensation for its services. Transactions made outside the fifty (50) U.S. states and the District of Columbia are also subject to this conversion fee even if they are completed in U.S. currency.
Receipts
You should get a receipt at the time you make a transaction using the Card. You agree to retain, verify, and reconcile your transactions and receipts.
Card Account Balance
You are responsible for keeping track of the available balance of the Card Account. Merchants generally will not be able to determine the available balance. It’s important to know the available balance before making any transaction. You may obtain information about the amount of money remaining in the Card Account by viewing your account balance on the Addventure App, or by calling the number on the back of the Card. You also have a right to obtain a sixty (60) day written history of Card Account transactions by calling the number on the back of your Card or by emailing support@goaddventure.com.
You will not automatically receive paper statements.
Fee Schedule
All fee amounts will be withdrawn from the Card Account and will be assessed as long as there is a remaining balance on the Card Account, except where prohibited by law. Any time the remaining Card Account balance is less than the fee amount being assessed, the balance of the Card Account will be applied to the fee amount resulting in a zero balance on the Card Account.
| Replacement Card Fee: | $5.00 (per Card; when the Card is reissued or replaced for any reason, except Card expiration. |
| Fund Withdrawal Fee: | $20.00 (to withdraw funds from the Addventure account and have a check issued) |
| Early Account Closure Fee: | $50.00 (to close your Addventure account and receive the full balance of all contributions issued as a check) |
Confidentiality
We may disclose information to third parties about the Card or the transactions you make:
(1) Where it is necessary for completing transactions;
(2) In order to verify the existence and condition of the Card fora third party, such as a merchant;
(3) In order to comply with government agency, court order, or other legal or administrative reporting requirements;
(4) If you consent by giving us your written permission;
(5) To our employees, auditors, affiliates, service providers, or attorneys as needed; or
(6) Otherwise as necessary to fulfill our obligations under this Agreement.
Our Liability for Failure To Complete Transactions
If we do not properly complete a transaction from the Card 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 ours, you do not have enough funds available on the Card to complete the transaction;
(2) If a merchant refuses to accept the Card;
(3) If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
(4) If access to the Card has been blocked after you reported the Card lost or stolen;
(5) If there is a hold or the funds are subject to legal or administrative process or other encumbrance restricting their use;
(6) If we have reason to believe the requested transaction is unauthorized;
(7) If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
(8) Any other exception stated in our Agreement with you.
Your Liability for Unauthorized Transfers
Contact us at once if you believe the Card has been lost or stolen. Telephoning is the best way to minimize possible losses. If you believe the Card has been lost or stolen, or that someone has
transferred or may transfer money from the Card Account without your permission, call your Plan Sponsor at the number located in the plan documents. Under Mastercard Rules, you will not be held responsible for unauthorized transactions if you used reasonable care in protecting the Card from loss or theft and you promptly reported to us when you knew that the Mastercard Card was lost or stolen. Zero Liability does not apply to Mastercard payment cards used for commercial purposes or anonymous prepaid cards (until such time as the identity of the cardholder has been registered with us).
If the Card has been lost or stolen, we will close the Card Account to keep losses down and will send a replacement card. There is a fee for replacing the Card. For information about the fee, see the section labeled “Fee Schedule.”
Other Miscellaneous Terms
The Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement 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 Delaware except to the extent governed by federal law.
Amendment and Cancellation
We may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement online and any such amendment shall be effective upon such posting to that website. The current Agreement is available on the website printed on the back of your Card. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend the Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
In the event the Card Account is cancelled, closed, or terminated for any reason, the unused funds will be returned to your Plan Sponsor.
Information About Your Right to Dispute Transactions
In the case of a discrepancy or questions about the Card Account transaction(s), call the phone number on the back of your card or contact your Plan Sponsor as soon as you can. You must contact us no later than one hundred eighty (180) calendar days after we posted the transaction(s) to the Card Account. You may request a written history of your transactions at any time by calling your Plan Sponsor.
In case of a discrepancy or questions about the Card Account transactions you will need to tell us:
1. Your name and the 16-digit Card number.
2. A description of the transaction(s) including the date and dollar amount.
3. Why you believe there is a discrepancy.
If you provide this information orally, we may require that you send the details listed above in writing within sixty (60) calendar days after we posted the transaction(s) you are questioning. You agree to cooperate fully with our investigation and to provide any additional information or documentation we may need for the claim.
Once we have the required details, information, and/or documents, we will determine whether a discrepancy occurred. If we ask you to put details in writing and you do not provide them within sixty (60) calendar days of the date we posted the transaction(s) you are questioning, we may not be able to resolve the claim in your favor.
We will tell you the results in writing after completing our investigation. If we determine a discrepancy occurred we will correct the discrepancy promptly and credit the Card Account. If we decide there was no discrepancy, we will send you a written explanation.
English Language Controls
Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
Customer Service
For customer service or additional information regarding the Card, please contact your Plan Sponsor at the phone number or website on the back of your card. You may also consult your plan documents.
Telephone Monitoring/Recording
From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.
No Warranty Regarding Goods or Services as Applicable
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with the Card.
Arbitration
Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) this Agreement; ii) the Card; iii)your acquisition of the Card; iv) your use of the Card; v) the amount of available funds in the Card Account; vi) advertisements, promotions or oral or written statements related to the Card, as well as goods or services purchased with the Card; vii) the benefits and services related to the Card; or viii) transactions on the Card, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant toa transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).
We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGHA COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TOA JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
Fora copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of the Card, or any amounts owed on the Card, to any other person or entity; or iv) expiration of the Card. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE CARD. CALL THE NUMBER PRINTED ON THE BACK OF THE CARD TO CANCEL THE CARD AND MAKE ALTERNATE ARRANGEMENTS TO RECEIVE THE FUNDS ASSOCIATED WITH THE CARD ACCOUNT.
This Cardholder Agreement is effective (1/1/2024)
