CARDHOLDER AGREEMENT

GIFT CARD
Xbox Card Cardholder Agreement

CUSTOMER SERVICE CONTACT INFORMATION:

10615 Professional Circle, Suite 102; Reno, NV 89521 (Notice Address)
xbox.codetocontent.com (Website)
877-258-3859 (Toll-Free Customer Service Number)

IMPORTANT NOTICES:

(1) Give this document to the recipient of the gift card for any future questions or issues.
(2) Please read carefully. This agreement contains an Arbitration Clause requiring all claims to be resolved by way of binding arbitration.
(3) Always know the exact dollar amount available on your card.
(4) If you do not agree to these terms, do not use the card, save your receipt, and cancel the card by calling customer service and requesting a refund.

FEES AND EXPIRATION

We will not charge any fees with respect to your use of the Card. Your Card and the funds on your Card do not expire.

This Cardholder Agreement (“Agreement”) sets forth the terms and conditions under which an Xbox Card (“Card”) has been issued to you by MetaBank®, National Association. By accepting and using this Card, or authorizing any person to use the Card, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement "You" and "your" mean the person or persons who have received the Card and are authorized to use the Card. "We," "us," and "our" mean collectively, MetaBank,a federally-charted bank, member FDIC, and its divisions or assignees. The Card may be canceled or revoked at any time without prior notice, subject to applicable law. Please read this Agreement carefully and keep it for future reference. This Agreement applies to both the purchaser and any other user of the Card. It is the purchaser’s obligation to provide these terms and conditions to any user; however, new terms and conditions may be provided, or any other questions or concerns answered, by contacting Customer Service.

1. ABOUT YOUR CARD

The Card is a prepaid Card that may be redeemed at the Website (xbox.codetocontent.com) to purchase an electronic gift code (“Game Code”) usable at the Xbox platform. The Game Code provides the user the benefits specified on the Card. These benefits could be the right to download a specific game, the right to a season pass for a game, the right to upgrade a game, a certain amount of in-game virtual currency usable for in-game purchases in connection with a specific game, or such other benefits as the Card may set forth. No additional funds may be added to this Card. The Card is NOT a credit Card. The Card is not a checking account or connected in any way to any account other than a stored value account where your funds are held.

MetaBank, N.A. will act as custodian of your funds upon its receipt of your funds. Once your Card is activated, you will be able to provide MetaBank, as custodian, with instructions about the funds accessible through the Card. Activation of the Card authorizes us to hold your funds at MetaBank or as custodian to place your funds at one or more participating banks (each a “Program Bank”). If you do not agree to your funds being held by us at MetaBank or placed by MetaBank as custodian at other Program Banks, please immediately spend all the funds on your Card. Card funds are not FDIC insured.

2. USING YOUR CARD

Accessing Funds and Limitations
You may use your Card only at the Website (xbox.codetocontent.com) to purchase a Game Code. The Card is a single-use Card; after you use it, we will remove the value and you may not use it again. Your Card cannot be: (1) redeemed for cash; (2) used to obtain cash in any transaction; (3) used for illegal transactions; (4) used to make foreign transactions; or (5) used for purchases where recurring payments may occur, such as subscriptions, memberships, rentals, etc. We may refuse to process any transaction that we believe may violate the terms of this Agreement. YOU ARE NOT ALLOWED TO EXCEED THE BALANCE AVAILABLE ON YOUR CARD. If you attempt to use the Card when the value has already been used, the transaction will be declined. Nevertheless, if a transaction that exceeds the balance of the funds available on your Card occurs due to a systems malfunction or otherwise, you will remain fully liable to us for the amount of the transaction. Your card is valid in the U.S. only.

Obtaining Card Balance Information
You may obtain information about the value remaining on your Card at no charge by contacting Customer Service or visiting the Website. This information, along with a history of Card transactions, is also available online by visiting our Website. You may also obtain information about your Card transactions by contacting Customer Service.

No Stop Payment
You do not have the right to stop payment on any purchase transaction originated by use of your Card.

Returns and Refunds
If you believe you are entitled to a refund for any reason, including for a Game Code purchased with your Card, contact Customer Service. Returns and refunds for goods or services purchased with a Game Code are handled exclusively by Xbox Game Studios, a division of Microsoft (“Xbox”).

Receipts
You may wish to retain receipts as a record of transactions. You may need a receipt in order to verify a transaction using your Card.

Information About Game Codes
Game Codes may have their own terms and conditions and are subject to availability. Xbox is solely responsible for the goods and services it provides.

3. REPLACEMENT CARD

If you need to replace your Card for any reason, please contact Customer Service.

4. COMMUNICATIONS

You agree that we may monitor and record any calls or other communications between us and you. You also agree that we or our service providers may contact you by using an automated dialing or email system, by text, or artificial or recorded voice. You agree to pay any service charges assessed by your plan provider for communications we send or make to you or that you send or make to us.

5. UNAUTHORIZED TRANSACTIONS

Treat this Card like cash. We generally cannot provide refunds for lost or stolen Cards. Fraudulent transactions may result in the loss of your money with no recourse.

However, if you believe your Card has been lost or stolen or an unauthorized transaction has been made using the information from your Card without your permission, contact Customer Service IMMEDIATELY. We will ask for the Card number and other identifying details. We cannot assist you if you do not have the Card number. We may not be able to assist you if you do not contact us within 60 days of the unauthorized transaction. A refund or reissued Card may take up to 30 days to process.

6. NO WARRANTIES AND LIMITATION OF LIABILITY

We are not responsible for the quality, safety, legality, or any other aspect of any Game Codes purchased with a Card. Further, we will not be liable: (1) If, through no fault of ours, you do not have value remaining on your Card to complete the transaction; (2) If Xbox refuses to accept a Game Code; (3) If the electronic device or your internet connection to the Website is not working properly ; (4) If access to your Card has been blocked after you reported your Card lost or stolen; (5) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction; or (6) For any other exception stated in our Agreement with you.

7. LEGAL NOTICES

English Language Controls
Translations of this Agreement that may have been provided are for your convenience only and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language.

Assignability
You may not assign or transfer your Card or your obligations under this Agreement. We may, however, transfer or assign our rights under this Agreement, including any value on your Card.

Other Terms
You will be notified of any change to this Agreement in the manner required 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 do not waive our rights by delaying or failing to exercise them at any time (for example, assessing a fee less than described, or not all, for any reason does not waive our right to begin charging the fee as set forth in this Agreement without notice). If any provision of this Agreement is 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 will not be affected. This Agreement will be governed by the law of the state of South Dakota except to the extent governed by federal law. Should your Card have remaining value after a certain period of inactivity, we may be required to remit funds to the appropriate state agency.

8. PRIVACY

We may provide information to our employees, auditors, affiliates, service providers, or attorneys as needed, or to any third party if you give us your written permission. We may also collect: (1) Information about purchases made with the Card, such as date of purchase, amount and place of purchase; (2) Information you provide to us when you ask for a replacement Card or when you contact us with customer service issues, such as name, address, phone number. We may also disclose information about your Card or the transactions you make to third parties in order to: (1) complete transactions; (2) verify the existence and condition of your Card for a third party, such as Xbox; (3) provide customer services; (4) process claims for lost or stolen Cards; (5) help protect against fraud and to conduct research and analysis; or (6) comply with government agency or court orders, or other legal reporting requirements.

To see our full Privacy Policy, please visit www.metabank.com

9. ARBITRATION AND JURY TRIAL WAIVER

Jury Trial Waiver: To the extent permitted by law, you and we knowingly and voluntarily waive any right to trial by jury in the event of litigation arising out of or related to this agreement. This Jury Trial Waiver does not modify in any fashion the Arbitration Clause set forth in the following section, which contains its own jury trial waiver.

Arbitration Clause: You can opt out of this Arbitration Clause within 60 calendar days from the earlier of purchasing, activating, or using the Card. You must send the opt out notice in writing to MetaBank, N.A., Attn: Customer Service, 5501 S Broadband Ln, Sioux Falls, SD 57108 (“Notice Address”). This Arbitration Clause governs any dispute arising under this Agreement, aside from the validity and coverage of this Arbitration Clause. Arbitrations will be conducted under the rules of the arbitration administrator, as chosen by us. Arbitration may be brought by you or us, and we will not demand arbitration if you bring an individual action in small claims court. In addition to the Jury Trial Waiver above, you also waive your rights to be a class member or bring suit in a class action or class arbitration. In order to commence an arbitration, the party bringing the dispute must send the notice and complaint in writing. You must send your notice to the Notice Address. After receiving notice, the other party has 30 days to attempt to resolve the issue before a suit or arbitration commences. We will pay all costs associated with administering an arbitration brought by you in good faith, if you cannot get a waiver and ask us to pay. Further, we will pay legal fees and costs if you win or as required by law or the arbitrator. This Arbitration Clause will stay in force if your Card is closed or we assign our rights under this Agreement. This Arbitration Clause and any rights to appeal or requests for information will be governed by the Federal Arbitration Act and the rules of the arbitrator.

This Card is issued by MetaBank, National Association, Member FDIC.
5501 S. Broadband Lane
Sioux Falls, SD 57108
877-258-3859
xbox.codetocontent.com
© 2019-2022 MetaBank, National Association

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