Last updated August 29, 2023
FAN, INC.
DEPOSIT ACCOUNT AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY
Table of Contents
I. Deposit Agreement and Disclosures
A. Our Agreement
B. Account Basics
C. General Rules Governing Deposit Account
D. Using Your Fan, Inc. Visa® Debit Card
II. Electronic Funds Transfer Disclosure and Special Terms and Conditions
A. Limits on ACH Debit Transactions
B. Electronic Funds Transfer Services
III. Fee Schedule
IV. General Funds Availability Policy
V. Use of Mobile Services Terms
This agreement outlines the Deposit Account Agreement (the “Agreement”) related to the demand deposit account (“Account”, “Debit Account,” or “Fan, Inc. Debit Account”) available from Spur Security Bank, Spur, TX, member of the Federal Deposit Insurance Corporation (“FDIC”) (“Spur Security Bank” or “Bank”) the program partner responsible for managing the Fan, Inc. Debit Account (“Fan, Inc.”). “We”, “our”, and “us” refer to the Bank, Fan, Inc., our successors, affiliates, or assignees. “You”, “your”, “customer” and “Fan, Inc. Accountholder” refer to the owner of the Debit Account.
You may open the Debit Account on the Fan, Inc. Mobile Banking Application (the “Mobile App”). The Debit Account is not designed for business use, and we may close the Debit Account if we determine it is being used for business purposes. We may refuse to process any transaction(s) that we believe may violate the terms of this Agreement.
Deposit Insurance
The funds on deposit in your Account are insured up to the regulatory limits by the FDIC. For further information regarding insurance of Accounts, you may write to FDIC at 550 17th Street, N.W., Washington, D.C. 20429, telephone the FDIC’s toll-free consumer hotline at 877-275-3342, or visit its website at www.fdic.gov.
Business Days
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.
Who is Eligible for a Debit Account?
• The Debit Account is available to citizens and permanent residents of the fifty (50) United States (“U.S.”) and the District of Columbia who are at least 18 years of age with a valid Social Security number. To open an account, you must agree to accept electronic, rather than paper statements. This means: (i) you must agree to the terms of the Fan, Inc. Debit Account eSign Agreement; (ii) you must keep us supplied with your valid, current email address; and (iii) you must agree to accept electronic
delivery of all account communications (such as end-of-year tax forms and electronic statements).
• We may use information from third parties to help us determine if we should open your Debit Account.
Opening an Account
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT.
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an Account. What this means for you: When you open an Account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other identifying documents.
The Debit Account
Consists of the online transaction demand deposit account used to make payments and transfers to third parties online or through the use of a Fan, Inc. Visa® Debit Card (“Debit Card”) that is automatically issued with the Debit Account.
Fan, Inc. Visa® Debit Card.
A Debit Card is automatically issued with the Debit Account and may be used anywhere Visa® debit cards are accepted for purchases funded by a Debit Account. The Debit Card is neither issued nor linked to Stash Accounts.
Account Titling and Ownership
The Debit Account may be owned and titled in the name of one owner who may deposit, transfer, or withdraw funds. The Debit Account cannot be owned or titled by an organization, as Payable on Death (“POD”) or “In Trust For” (“ITF”).
Death or Incapacitation
Your appointed party, designee, or appointed individual agree to notify us promptly if you die or become legally incapacitated. We will continue to accept deposits and process transaction instructions into and from your Debit Account until we are: (a) notified of your death or adjudication of incompetency and (b) have a reasonable opportunity to act. You agree that, even if we have knowledge of your death we may pay or process transactions on your Debit Account on or before the date of death for up to ten (10) days after that date unless ordered to stop payment by someone claiming interest in the Debit Account. We may require additional documentation to confirm any claims made on the Debit Account.
Power of Attorney
You may give another person authority to make transactions on your Debit Account by giving power of attorney to another individual. The account owner and person executing power of attorney over a deposit account is known as the “Principal.” The person granted power of attorney for the Principal is known as the “Agent.” We may refuse to accept a power of attorney for reasonable cause, and we
may require the Agent to sign an affidavit stating that the power of attorney presented to us is a true copy and that, to the best of the Agent’s knowledge, the Principal continues to be alive and competent and that the relevant powers of the Agent have not been amended or terminated. The Principal is responsible to provide us with any information if an affidavit presented to us is untrue or misleading or if the Agent exceeds the authority granted by the Principal in the power of attorney. The Agent is required to notify us in writing if the Principal dies or is declared incompetent. The power of attorney will continue in force until a) we receive written revocation from the Principal; b) we receive written notification of the Principal’s death, or c) we receive written notification of the death or
incapacity of the Agent.
Our Relationship With You
Neither this Agreement nor the deposit relationship creates a fiduciary relationship between us and you.
Privacy Policy
Our Fan, Inc. Privacy Policy is available at www.FanInc.com and is incorporated in and considered part of this Agreement.
Cash Loads
Cash Loads made at participating merchant locations are available within two (2) hours after loading. Cash loads are limited to $500 Daily (rolling 24 hours), $3,500 Weekly (rolling 7 days) $15,000 Monthly (calendar month). THIRD PARTY MONEY TRANSFER services used to load funds to your Debit Account may impose their own fees, per transaction, daily, weekly, or monthly limits on the frequency or amount of cash you may load to the Debit Account.
Preauthorized Transfers
Your Debit Account number and bank routing number can be used for preauthorized direct debits (“ACH Debits”) from merchants, internet service or other utility service providers (“Merchants”) and for the purpose of initiating direct deposits to your Debit Account. These transfers will be processed under the Operating Rules of the National Automated Clearing House Association (“NACHA”) and you
agree to comply with the NACHA rules. Detailed information regarding preauthorized transfers is available in Section II, “ELECTRONIC FUNDS TRANSFER DISCLOSURE AND SPECIAL TERMS AND CONDITIONS.”
NOTE: The recipient’s name on any direct deposit(s) we receive must be substantially similar to the name of the Fan, Inc. Account holder. Any direct deposits received in a name that is not substantially similar to the name registered to the Debit Account will be returned to
the originator.
IMPORTANT: If your Debit Account number or the name of the holder of the Debit Account changes, you should immediately notify the Merchants. You should provide them with the new Debit Account number and/or name to ensure that the ACH Debit activity continues uninterrupted.
Overpayments and Reversals
If funds are deposited or transferred into your Debit Account by mistake or otherwise, we may correct the situation by deducting the amount of the deposit from your Debit Account without prior notice to you. If there are not enough funds in your Debit Account at that time, your Debit Account could become overdrawn. See “No Overdrafts” section below and “Right to Set Off” section below for more information about what may occur if your Debit Account has a negative balance.
No Overdrafts
You are not permitted to overdraw your Debit Account. If the available balance in your Debit Account is not sufficient to cover any payment or withdrawal you have authorized, we can refuse to process the payment or withdrawal. If your Debit Account balance becomes negative for any reason, you must make a deposit immediately to cover the negative balance. If your Debit Account has a negative balance for fifteen (15) days and you have another account with us, we reserve the right to exercise our right to set off. See “Right to Set Off” below for details. If your Debit Account has a negative balance for thirty (30) calendar days or more it will be closed.
Right to Set Off
If your Debit Account balance becomes and remains negative for fifteen (15) days, we can use the funds in any of your other accounts with us to repay the amount owed on the negative balance Debit Account. This means we have the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with us. Further, you grant us a lien on and security
interest in the funds on deposit in each of your account(s) as security for all of your liabilities and obligations to us, now or in the future. We will notify you if we have exercised our right to set off.
Legal Processes Affecting Accounts
If legal action, such as a garnishment, levy or other state or federal legal process (“Legal Process”), is brought against your Debit Account, we may refuse to permit (or may limit) withdrawals or transfers from your Debit Account until the Legal Process is satisfied or dismissed. Regardless of the terms of such garnishment, levy or other state or federal process, we have first claim to any and all funds in
your Debit Account. We will not contest on your behalf any such Legal Process and may take action to comply with such Legal Process as we determine to be appropriate in the circumstances without liability to you, even if any funds we may be required to pay out leaves insufficient funds to pay a transaction that you have authorized. Payment is made after satisfying any fees, charges or other debts owed
to us. You agree that you are responsible for any expenses, including legal expenses and fees we incur due to any Legal Process on your Debit Account. We may charge these expenses to your Debit Account. You will indemnify us for any losses if we do this.
Amendment and Cancellation
We may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement on www.FanInc.com, and any such amendment shall be effective upon such posting. The current Agreement is available at www.FanInc.com. You will be notified of any change 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 may cancel or suspend your Debit Account or this Agreement at any time. You may cancel this Agreement by calling 1-877-958-2528 to close your Fan, Inc. Debit Account. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
If your Debit Account is cancelled, closed or terminated for any reason, you may request the unused balance be returned to you via ACH. You must provide a valid account and routing number in order for Fan, Inc. to return the unused balance on your Account. For
security purposes, you may be required to supply identification and address verification documentation prior to issuing a refund. Allow fourteen (14) days for processing of the ACH refund. In the event the program is cancelled, closed, or terminated, we will send you prior notice, in accordance with applicable law. Specific information and instructions, including how to receive any remaining Debit Account
balance, will be in the notice. We reserve the right to refuse to return any unused balance amount less than $1.00.
Account Dormancy and Escheatment
An account that is inactive for a period of time may be considered dormant and is subject to escheatment. Each state has varying laws as to when an account is subject to escheatment and we may be required to send the balance in your Debit Account to the state of your last known address. We will make reasonable efforts to contact you before transferring the remaining balance of your Debit Account to the applicable state. For a Debit Account with an international address, the funds will be transferred to the State of Texas.
Statements
Electronic statements that provide details of transaction on your Debit Account are available to view and print at www.FanInc.com. Carefully review your statements each statement period and notify us of any errors within sixty (60) days of your statement becoming available. If you do not notify us of any errors within 60 days, your electronic statement will be considered correct. You also have a right to obtain a sixty (60) day history your Debit Account transactions by calling us at 1-877-958-2528, sending us an email at Support@FanInc.com, or by writing to us at Fan, Inc., P.O. Box 64071 Lubbock, TX 79464. You will not receive paper statements.
Check Writing
The Account does not offer a check writing feature. You may not write checks on your Account, or order checks for your Account from us or any other source. Any transactions to your Account that involve a check drawn on your Account, including written checks, check by phone, or third-party authorizations that come through as a check, will not be honored. When providing Account and routing numbers to Merchants to make a payment, (whether in person, electronically or over-the-phone) you need to ensure that the Merchant is using the ACH system to process the transaction as an electronic debit,
as ACH is an accepted form of payment for your Account. If the Merchant processes a payment as a check, the check will be rejected and not paid. You may be charged a fee by the Merchant if this happens. You may not use your Debit Card number or your Account number and our routing number in connection with the creation and/or negotiation of any financial instruments, such as checks, which we have not authorized.
1) Debit Card Transactions
You may use your Fan, Inc. Visa® Debit Card anywhere in the United States, and Puerto Rico where the Visa®, PULSE®, Interlink® or PLUS® symbols are displayed, subject to transaction limitations set forth herein and by the ATM owner or Merchant, to withdraw cash from your Debit Account(s) at an ATM, pay for purchases in person, online, or by phone, and obtain cash from participating
merchants.
2) Foreign Transactions
If you make a purchase or withdraw cash using your Debit Card in a foreign currency,
• A rate will be selected by Visa from the range of rates available in wholesale currency markets for the applicable Processing
Date, which rate may vary from the rate Visa receives, or
• The rate mandated by a government or governing body in effect for the applicable Processing Date.
This rate may be different than the rate in effect on the transaction date.
3) ATM Fees
See the Fee Schedule in Section IV. for a list of our ATM Fees. In addition, when you initiate a transaction with your Debit Card at an ATM not owned by us, including balance inquiries, you may be charged a fee by the ATM operator or any network used for your transaction.
4) Debit Card Limits
• The daily combined POS purchase limit using your Debit Card is the lesser of $3,000 or your available balance.
• The daily ATM withdrawal limit for each Account is the lesser of $1,000 or your available balance. When you use an ATM not owned by us, you may be subject to other daily limits set by the ATM operator.
• These Debit Card transaction limits are in addition to the other limits set forth in this Agreement. For security reasons, there may be limits on the number of ATM withdrawals using your Debit Card.
• In addition, we reserve the right to decline any Debit Card transaction if we suspect fraud, account takeover, possible illegal activity or any other unusual activity affecting your Account.
5) Personal Identification Number (PIN)
You may activate your Debit Card and select a PIN by calling 1-877-958-2528. PIN selection and card activation can also be achieved through the Mobile App. You should protect your PIN as you would your Debit Card.
6) Freeze Debit Card
You may request that Fan, Inc. freeze your Debit Card, which means that new purchases (in-store, online, mobile or phone) and ATM transactions will not be authorized, allowed or processed with the Debit Card you have frozen. If more than one debit card has been issued to access your Account, such as a joint account holder debit card, only the Debit Card you have identified will be frozen. All other
debit cards issued to access your Account will continue to be available for transactions. Freezing your Debit Card will not stop bill payments, transactions that merchants have marked as recurring, returns, deposits, dispute adjustments, internal or external transfers, reward redemptions, or checks. You may freeze your Debit Card by calling customer service at 1-877-958-2528, or through the Mobile App.
7) Secondary Cardholder
You may not request an additional Debit Card for another person.
Transaction Type
Frequency and/or Dollar Limits
ACH Debits
No limits to the number of transactions per day
Amount is limited to the available Debit Account balance
Types of Electronic Funds Transfers Available
• You may arrange with another party, such as your employer or a government agency, to electronically deposit funds on a one-time or recurring basis directly to your Debit Account.
• You may authorize another party, such as a Merchant, to make a one-time or recurring payment(s) using the Debit Account and bank routing numbers, directly from your Debit Account subject to the established limitations on withdrawals and transfers.
• You may also direct that funds be transferred from your Debit Account to other external accounts you own using the transfer option in the Mobile App.
• You may use the Debit Card to make purchases at Merchants that accept the Debit Card or to obtain cash at ATMs, Over-the-Counter cash and, subject to availability, cash back at POS terminals.
Limitations on Transfers, Amounts and Frequency of Transactions
• You may make cash withdrawals and POS purchases, not to exceed the established limits for your Debit Account. See the Debit Card Limits section for details.
• If your Account is closed, blocked or suspended for any reason, we will not be able to accept automated debits and automated payments into your Account, nor will you be able to use your Debit Card to engage in transactions (including
at an ATM).
Right to Receive Documentation of Electronic Funds Transfers
• Statements. You will have access to an electronic monthly statement that can be viewed on the Web App.
• Direct Deposits or Automated Credits. If you have arranged to have direct deposits made to your Debit Account at least once every sixty (60) days from the same person or company, call 1-877-958-2528 to find out if the deposit has been
made.
Right to Stop Payment of Preauthorized Transfers and Procedures for Doing So
• To stop a one-time or recurring ACH transfer to a Merchant you preauthorized to debit your Debit Account, please contact the Merchant to request cancellation of the recurring payment.
• If the Merchant with whom you arranged the ACH transfer or transfers from your Debit Account is unable or unwilling to stop the transfer, write to Customer Service, P.O. Box 64071 Lubbock, TX 79464 or email Support@FanInc.com to request a stop on such payment(s). Your request to stop payment must be received at least three (3) business days before the next payment is scheduled to be made. You will need to tell us the name of the payee, the dollar amount of the payment(s) and the date of the payment(s) you want stopped.
Liability for Failure to Stop Payment of Preauthorized Transfer
If you order us to stop a pre-authorized payment three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Your Liability for Unauthorized Transfers
Contact us at once if you believe your Debit Card, PIN or Debit Account number has been stolen. Telephoning is the best way to minimize your possible losses. If your Debit Card, PIN or Debit Account number has been lost or stolen, or if you believe that someone has transferred or may transfer money from your Debit Account without your permission, call 1-877-958-2528. If you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your
Debit Card or PIN without your permission. If you DO NOT tell us within two (2) business days after you learn of the loss or theft, and we can prove that we could have stopped someone from using your Debit Card or Debit Account without your permission if you had told us, you could lose as much as $500. Notwithstanding the foregoing, and for so long as your Debit Card is a Visa® branded card, you will not be liable for the amounts stated above provided that the following preconditions are met: (i) your Debit Card is in good standing; (ii) you have exercised reasonable care in safeguarding your Debit Card from any unauthorized use (e.g. you were not grossly negligent or fraudulent in the handling of your Debit Card); and (iii) you have not reported two or more unauthorized events in the past twelve (12) months. Also, if your transaction history shows transfers you did not make, including those made by Debit Card or other means, tell us at once. If you do not tell us within 60 days from the earlier of: (i) the date you electronically access your Account, if the unauthorized transfer could be viewed in your electronic history; or (ii) the date we sent the FIRST written history on which the unauthorized transfer appeared, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. NOTE: Visa® Zero Liability covers U.S.-issued cards only; and does not apply to ATM transactions, PIN transactions not processed by Visa®, or certain commercial card transactions. Individual provisional credit amounts are provided on a provisional basis and may be withheld, delayed, limited, or rescinded based on factors such as gross negligence or fraud, delay in reporting unauthorized use, investigation and verification of claim and account standing and history. If Visa® Rules are changed to affect your liability, those changes will become applicable to your transactions under this Agreement upon notice to you as provided by law.
Our Liability for Failure To Complete Transactions
If we do not properly complete a transaction from your Debit Account or Debit Card on time or in the correct amount according to our Agreement with you, we will be liable for your actual and verifiable losses or damages. However, there are some exceptions. We will not be liable, for instance:
• If, through no fault of ours, you do not have enough funds available in your Debit Account to complete the transaction;
• If a Merchant refuses to accept your Debit Card or Debit Account number;
• If an ATM where you are making a cash withdrawal does not have enough cash;
• If an electronic terminal where you are making a transaction does not operate properly;
• If access to your Debit Card or Debit Account has been blocked after you reported your Debit Card or Debit Account number lost or stolen;
• If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
• If we have reason to believe the requested transaction is unauthorized;
• If circumstances beyond our control (such as fire, flood, or computer communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
• Any other exceptions stated in our Agreement with you.
Confidentiality
We may disclose information to third parties about your Debit Account, Debit Card or the transactions you make:
• Where it is necessary for completing transactions;
• In order to verify the existence and condition of your Debit Account or Debit Card for a third party, such as a Merchant;
• In order to comply with a government agency, court order, or other legal or administrative reporting requirements;
• If you consent by giving us your written permission;
• To our employees, auditors, affiliates, service providers, or attorneys as needed; or
• Otherwise as necessary to fulfill our obligations under this agreement.
Information About Your Right to Dispute Errors
In case of errors or questions about your electronic transactions or if you need more information about a transaction listed in a statement or receipt, call 1-877-958-2528, write to Customer Service, P.O. Box 64071 Lubbock, TX 79464, TX 79424 or email us Support@FanInc.com. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically accessed your Debit Account, if the error could be viewed in your electronic history, or the date we sent the first written history on which the error appeared. You may request a written history of your transactions at any time by calling 1- 877-958-2528, sending us an email Support@FanInc.com, or by writing to us at Fan, Inc. Customer Service, P.O. Box 64071 Lubbock, TX 79464. You will need to tell us:
If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Debit Account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes to complete the investigation. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Debit Account. For errors involving new Debit Accounts, POS transactions or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Debit Accounts, we may take up to twenty (20) business days to credit your Debit Account for the amount you think is in error. We will notify you of the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documentation used in the investigation may be obtained by contacting us at the phone number or address shown at the beginning of this section. If you need
more information about our error-resolution procedures, call 1-877-295-2528 or visit the Web App at Support@FanInc.com .
Truth in Savings Disclosures
This is not an interest-bearing account. No interest will be paid.
• Minimum Balance Requirements – There is no initial deposit required to open a Debit Account. You may deposit any amount you wish when opening the Debit Account.
• Transaction Limitations – Minimum and maximum withdrawal limitations apply. See Section I (D)(4), “Debit Card Limits” for full information regarding these limits.
English Language Controls
The meaning of the terms, conditions and representations herein are subject to the definitions and interpretations in the English language. Any translation of this Agreement may not accurately represent the information in the original English.
Customer Service
For customer service assistance or additional information regarding your Debit Account, please contact:
Support@FanInc.com
Fan, Inc.
P.O. Box 64071
Lubbock, TX 79464
1-877-958-2528
Customer Service agents are available to answer your calls 8 AM – 6 PM CT.
Telephone Monitoring/Recording
Telephone calls between you and us are recorded for Quality Assurance purposes.
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 using your Debit Account.
Arbitration
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. The state and federal courts located in Lubbock, Texas shall be the exclusive venue for, and have exclusive venue jurisdiction over, the Parties hereto with respect to any matter arising out of or relating to this Agreement, and the Parties hereby submit to such courts’ jurisdiction over the Parties with respect to any matter arising out of or relating to this Agreement. Each Party hereby irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the jurisdiction and laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. The prevailing party in any such action shall be entitled to recover reasonable attorney’s fees and costs incurred therein. No part of this Agreement shall be construed against a Party because that part or any part was drafted or revised by or on behalf of such Party.
Resolution of Disputes by Arbitration
Except to the extent prohibited by applicable law, any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: (i) this Agreement; (ii) the Account; (iii) your establishment of the Account; (iv) your use of the Account; (v) the amount of available funds in the Account; (vi) advertisements, promotions or oral or written statements related to the Account, as well as goods or services purchased with the Account; (vii) the benefits and services related to the Account; or (viii) transactions made using the Account, 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. The arbitration shall be conducted by a neutral arbitrator chosen by You and the Company pursuant to the AAA Consumer Arbitration Rules. This arbitration agreement is made pursuant to a 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. You have the right, at your own expense, to be represented by an attorney or other spokesperson of your choosing.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING AND NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE. Notwithstanding this provision, the parties retain the right to seek relief in a small claims court for disputes or claims within the scope of its jurisdiction.
For a 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 your Account, or any amounts owed on your Account, to any other person or entity; or (iv) closing of the Account. 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 OR ACCOUNT. CONTACT CUSTOMER SERVICE TO CLOSE THE ACCOUNT AND REQUEST A REFUND, IF APPLICABLE. See the section labeled “Customer Service” for details.
Fan, Inc. Debit Account Fees
Monthly Service Fee
$0
Monthly Minimum Balance Fee
$0
Early Account Closure Fee
$0
Returned Item Fee
$0
Stop Payment Fee
$0
Domestic ATM Fee (all other domestic ATMs)*
$0 for any ATM transactions thereafter
-Fees from the ATM (Surcharge) owner may apply
International ATM & POS Fees (all other foreign
ATMs and Point-of-Sale Terminals)
$2 plus 2% of withdrawal amount or purchase
amount after conversion to U.S. dollars. Fees
from the ATM owner may apply
Non-ATM Cash: You use your Debit Card to
withdraw cash from a teller at a bank
$0
Fees from non-Spur Security Banks may apply
Card Replacement: You request standard shipping
of a replacement Debit Card
$35.00
Card Replacement - Express Request: You request
express shipping of a replacement Debit Card
$60.00
Insufficient Funds: We reverse a debit when your
Debit Account does not have enough money
$0
Processing Fee: Processing of any garnishment, tax
levy, or other court or administrative order against
your Accounts, whether or not the funds are actually
paid
$100 per order
Printed and Mailed Account Statements
$7.50 Per Requested Statement
*If you use an ATM outside of our network for any transaction, including a balance inquiry, you may be charged a fee by the ATM operator even if you do not complete a withdrawal. This ATM fee is a third-party fee amount assessed by the individual ATM operator only and is not assessed by us. This ATM fee amount will be charged to your Debit Account.
Availability
The length of the delay in the availability of funds varies depending on the type of deposit.
Business Days
The length of the delay in the availability of funds is counted in business days from the day your deposit is applied to your Debit Account. For purposes of these disclosures, our business days are Monday through Friday. Federal holidays are not included. Deposits received by 5:00 PM Central Standard Time will be considered current-day deposits. Any deposits received after that time may be processed the following business day.
Same Day Availability
Funds received from preauthorized electronic payments such as payroll direct deposits, or other preauthorized electronic payments will be available on the day the deposit is applied to your Debit Account. ACH Credits received from an external bank account will be applied to the Debit Account when we have verified the external account and received payment on collected funds. Once the funds are applied to the Debit Account, they will have same day availability.
Longer Availability
Electronic transfers depositing into the Debit Account initiated through the Mobile App or Web App may take up to five (5) business days from the date of the initial request but will post on the payment date of the deposit once the money has reached the Bank and/or Fan, Inc.
Fan, Inc. Mobile Application Terms and Conditions.
Please read the following terms and conditions very carefully. If you do not agree with the following terms and conditions, do not download or install this software. By downloading, installing or using this software or any portion thereof, you agree to the following terms and conditions.
Use of the Fan, Inc. Application
This agreement (“Terms”) is entered into between you and Fan, Fanktory, LLC, (“Fan, Inc.”), the program partner responsible for managing the Fan, Inc. Debit Account. Subject to the provisions of these Terms, you are hereby granted the non-transferable right to use this software (“Fan, Inc. Mobile Application”) solely for personal, non-commercial purposes.
You may not use the Fan, Inc. Mobile Application in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Fan, Inc.’s services; (ii) any other party’s use and enjoyment of Fan, Inc.’s services; or (iii) the services and products of any third parties including, without limitation, any device through which you access the Fan, Inc. Mobile Application (the “Authorized Device”). You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Fan, Inc. Mobile Application, including, without limitation, any usage rules set forth in the online application store terms of service.
From time to time, Fan, Inc. may automatically check the version of Fan, Inc. Mobile Application installed on the Authorized Device and, if applicable, provide updates for the Fan, Inc. Mobile Application (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Fan, Inc. Mobile Application. By installing the Fan, Inc. Mobile Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Fan, Inc. Mobile Application
and Updates will be governed by these Terms (as amended by any terms and conditions that may be provided with Updates).
Fan, Inc. reserves the right to temporarily disable or permanently discontinue any and all functionality of the Fan, Inc. Mobile Application at any time without notice and with no liability to you. For the avoidance of doubt, agreement to these Terms is solely between Fan, Inc. and you. If you need to contact Fan, Inc. about the Fan, Inc. Mobile Application, you may do so by calling 1-877-958-2528 or by emailing Support@FanInc.com.
Privacy Policy
As a condition of using the Fan, Inc. Mobile Application, you acknowledge that additional agreements may be in place that govern your relationship with Fan, Inc., including but not limited to the Fan, Inc. Account Agreement, Spur Security Bank Privacy Policy, and Online Privacy, Security & Information Gathering Policy, each of which is hereby incorporated by reference. You acknowledge and agree that these agreements may be updated from time to time, without prior notice. Any such change(s) will be effective as soon as Fan, Inc. posts a revised version of the applicable agreement. In the event of an otherwise irreconcilable conflict between these Terms and other agreements, these Terms will govern, solely with regard to the conflicting provisions and solely to the extent of such conflict.
Fan, Inc. may track and archive certain information regarding your use of the Fan, Inc. Mobile Application (“Use Information”). Use Information does not reveal your personal identity. Use Information may be stored and processed in the United States or any other country in which Fan, Inc. or its agents maintain facilities. By using the Fan, Inc. Mobile Application, you consent to the collection of your Use Information and to any transfer of your Use Information outside of your country.
Proprietary Rights
You hereby acknowledge that Fan, Inc. owns all rights, titles and interest in and to the Fan, Inc. Mobile Application and to any and all proprietary and confidential information contained therein (“Fan, Inc. Information”). The Fan, Inc. Mobile Application and Fan, Inc. Information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
You agree that you will not (and will not allow any third party to) (i) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer or disassemble the Fan, Inc. Application or otherwise attempt to derive source code from the Fan, Inc. Mobile Application; (ii) copy, distribute, transfer, sell or license the Fan, Inc. Mobile Application; (iii) transfer the Fan, Inc. Mobile Application to, or use the Fan, Inc. Mobile Application on, a device other than the Authorized Device; (iv) take any action to circumvent, compromise or defeat any security measures implemented in the Fan, Inc.
Mobile Application; (v) use the Fan, Inc. Mobile Application to access, copy, transfer, retransmit or transcode Content (as defined below) or any other content in violation of any law or third party rights; (vi) remove, obscure, or alter FAN, INC.’ (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Fan, Inc. Mobile Application. Content made available through the Fan, Inc. Mobile Application (“Content”) is protected by applicable intellectual property rights and is the property of Fan, Inc., its third party licensors and partners (as applicable), and other entities that provide such content to Fan, Inc.. You may not (or enable others to) copy, distribute, display, modify, or otherwise use the Content except as it is provided to you through the Fan, Inc. Mobile Application hereunder. Fan, Inc. and its licensors make no representations or warranties regarding the accuracy or completeness of the Content.
Export Restrictions
Fan, Inc. does not represent that the Fan, Inc. Mobile Application is appropriate or available for use in any geographical location. Any entity choosing to use the Fan, Inc. Mobile Application is solely responsible for compliance with all applicable laws. The Fan, Inc. Mobile Application is subject to U.S. export controls and may not be downloaded, exported or re-exported: (i) into (or to a national or resident of) Burma, Cuba, Iran, North Korea, Sudan, Syria, Libya, or any other country with respect to which the United States maintains trade sanctions prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List or Entities List or included in General Order 3 (15 C.F.R. Part 736, Supplement 1), which prohibits exports to Mayrow General Trading, affiliated entities and persons, and specified persons involved in the manufacture or sale of Improvised Explosive Devices (together referred to as “U.S. Prohibited Party Lists”). By downloading and/or using the Fan, Inc. Mobile Application, you represent and warrant that
you are not (a) located in or a national or resident of any country noted above that is subject to U.S. trade sanctions, or (b) on any U.S. Prohibited Party List or acting on behalf of any person or entity on any such list.
Termination
You may terminate acceptance of these Terms at any time by permanently deleting the Fan, Inc. Mobile Application in its entirety from the Authorized Device, whereupon (and without notice from Fan, Inc.) any rights granted to you herein will automatically terminate. If you fail to comply with any provision of these Terms, any rights granted to you herein will automatically terminate. In the event of such termination, you must immediately delete the Fan, Inc. Application from the Authorized Device.
Indemnity
You agree to hold harmless and indemnify Fan, Inc. and its subsidiaries, affiliates, officers, agents, and employees (and their subsidiaries, affiliates, officers, agents, and employees) from and against any claim, suit or action arising from or in any way related to your use of the Fan, Inc. Application or your violation of these Terms, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, FAN, INC. will provide you with written notice of such claim, suit or action.
Entire Agreement; Revisions to Terms.
Fan, Inc. may, from time to time, modify these Terms. Such modifications shall be effective as soon as the modified version of the “Fan, Inc. Mobile Application Terms of Use” is posted in the online application store or any other authorized Fan, Inc. Mobile Application distribution location. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of the then-current version of the “Fan, Inc. Terms of Use” in the online application store or any other authorized Fan, Inc. Mobile Application distribution location. Your use of the Fan, Inc. Mobile Application following such changes constitutes your acceptance of the revised version of the “Fan, Inc. Terms of Use” in the online application store or any other authorized Fan, Inc. Mobile Application distribution location. This Agreement is effective as of January 1, 2021. Contact Us: Support@FanInc.com 1-877-958-2528
Banking Services provided by Spur Security Bank, Member FDIC. The Fan, Inc© Debit Card is issued by Spur Security Bank pursuant to a license from Visa USA and may be used everywhere Visa Cards are accepted. Fan, Inc., and Spur Security Bank, neither endorse nor guarantee any of the information, recommendations, optional programs, products, or services advertised, offered by, or made available through the external website (“Products and Services”) and disclaim any liability for any failure of the Products and Services.
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