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Terms & Conditions

 
 

U.S. User - Cardholder Agreement

IMPORTANT – PLEASE READ CAREFULLY

This document constitutes the agreement (“Agreement”) outlining the terms and conditions under which the Boom® Prepaid Card has been issued to you. By accepting and using this card, you agree to be bound by the terms and conditions contained in this Agreement.

  1. Definitions

    "Card" means the Boom® Prepaid Card issued to you by CBW Bank.
    "You", "your", and “Owner,” means the Owner of the Card.
    "We," "us," and "our" mean CBW Bank, our successors, affiliates or assignees. In its capacity as manager of the Boom® Prepaid Card, m-Via acts as an agent of the Bank.
    “Value” means funds.
    “Value load” and “value loading” means adding funds to your Card.
    “Available value” means the value of funds available on your card at any given time.

  2. Terms and Conditions for Your Boom Card

    The Card is a prepaid card. The Card allows you to access funds placed on the Card. The Card does not constitute a checking, savings or other bank account and is not connected in any way to any other account you may have. The Card is not a credit card. You will not receive any interest on your funds on the Card. The Card will remain the property of CBW Bank 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. Please read this Agreement carefully and keep it for future reference. The Bank’s business days are Monday-Friday, excluding bank holidays.

    Obtaining Your Card: The USA PATRIOT Act is a federal law that requires all financial institutions to obtain, verify, and record information that identifies each person who obtains a Card. What this means for you: When you obtain a Card, we will ask for your name, address, date of birth, identification number and other information that will allow us to reasonably identify you. We may also ask to see your driver’s license or other identifying documents at any time.

    Owner: You are responsible for all authorized transactions initiated and fees incurred by the use of your Card. If you permit another person to have access to your Card, 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 all Cards according to the terms and conditions of this Agreement.

    Additional Cards and Authorized Users: You may request an additional Card (“Additional Card”) for another person (“an Authorized User”). An Authorized User may access funds on your Card with the Additional Card. You are the owner of all the funds on your Card, and the Authorized User is only authorized to spend, withdraw or transfer funds on your behalf as agreed to by you under the terms of this Agreement. The maximum number of Additional Cards permitted is seven (7). You must notify us to revoke permission for any person you previously authorized to use an Additional Card. You remain liable for any and all usage of an Additional Card you authorize. All Card limits, fees, and restrictions apply to your Card and every Additional Card. Further, the transaction limits described below (i.e. Load and Spend Limits) apply to the total of all transactions completed with your Card and all Additional Cards. Therefore, if a transaction limit has been reached by your Card or by an Additional Card (or by a combination of Cards), no further transactions of that type will be permitted for any Card.  

    Personal Identification Number (“PIN”): We will give you a Personal Identification Number (“PIN”). With your PIN, you may use your Card, (i) to obtain Cash from any Automated Teller Machine (“ATM”) which bears the Cirrus® or SHAZAM brand or (ii) at any Point-of-Sale (POS) device which requires entry of a PIN that bears the SHAZAM brand or that accepts SHAZAM brand cards. All ATM transactions are treated as Cash withdrawal transactions. You should not write or keep your PIN with your Card. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately, following the procedures in the paragraph labeled “Your Liability for Unauthorized Transfers.”

    Loading Your Card:You may add value to your Card, called “value loading”, at any time. You may add value to your Card via direct deposit, ACH transaction from your checking or savings account, Card-to-Card transfers, or by cash at any designated 7-Eleven or other designated loading location. You can obtain information on how to load value to your Card at http://www.useboom.com/#how-works. You may also transfer value from your Card to another Card. You may obtain information on how to transfer value from your Card to another Card at http://www.useboom.com/#how-works. However, you are restricted to no more than three (3) value loads per day. The initial value load must be made via cash at a designated loading location or via Card-to-Card transfer. The minimum amount of the initial value load is US$10.00. The maximum amount of the initial value load is US$500.00, and no more than US$500.00 may be loaded within seven (7) days from the date of the initial load (“Initial Week”). The minimum amount of each value reload is US$10.00. After the Initial Week, the maximum amount of each value reload is US$2,500.00 if loading via direct deposit, ACH transaction, or cash; US$500.00 per day for Card-to-Card transfers. You can load no more than US$2,500.00 per month on to your card.  You will have access to your available value at the times specified below. Please note the available value schedule varies with each loading method:

    • Cash Load at designated loading location: Usually within one (1) hour, but no later than the next business day.
    • Card-to-Card Transfers: Usually within one (1) hour on the date specified by you.
    • Direct Deposit/ACH: Same day as received.
  3. Using Your Card

    The maximum amount of cash that can be withdrawn using your Card at an ATM or POS device is US$500.00 per day. The maximum amount you may send or receive from your Card using the Card-to-Card transfer service is US$500.00 per day. The maximum amount that can be spent on your Card using a POS device per day is US$2,500.00. No more than US$2,500.00 per day and US$2,500.00 per month can be used in total with your Card. The maximum Value of your Card is restricted to US$2,500.00. You may use your Card to purchase or lease goods or services wherever the Card is honored as long as you do not exceed the Value available on your Card. You are responsible for all transactions initiated by use of your Card. If you permit someone else to use your Card we will treat this as if you have authorized such use and you will be responsible for any transactions made subject to such use. If you do not have enough Value loaded on your Card you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another card. These are called “split transactions”. Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash.

    When purchasing gasoline, you must pay for your purchase at the gas station service counter. Payment for fuel will not be accepted at automated fuel dispensers (i.e. “pay at the pumps”). If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20% or more to ensure there is sufficient Value available to cover tips or incidental expenses incurred. Any preauthorization amount will place a “hold” on your available Value until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. It may take up to seven (7) days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount.
    If you use your Card number without presenting your Card (such as for a mail order or telephone purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make on your Card. Your Card cannot be redeemed for cash. You may use your Card to access cash at an Automated Teller Machine (ATM). You may not use your Card for any illegal transactions, use at casinos, and any gambling activity.

    You should keep track of the amount of Value loaded on Cards issued to you. You may call us at the Customer Service number shown on your Card and listed below at any time to obtain the current Value on your Card. To reach us, call toll free: 1-888-880-6842 U.S. - 01-800-681-9201 Mexico for the balance. Our business hours are 24 hours a day, 7 days per week.

    Each time you use your Card, you authorize us to reduce the Value available on your Card by the amount of the transaction. You are not allowed to exceed the available amount on your Card through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the Value available on your Card (creating a “shortage”) you shall remain fully liable to us for the amount of the transaction. We reserve the right to bill you for any shortage. You agree to pay us promptly for the shortage. We also reserve the right to cancel this Card should you create one or more shortages with your Card.

    You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. You cannot make preauthorized regular payments from your Card. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of Value for up to thirty (30) days. Transactions at certain merchants especially, car rentals and hotels, may result in a hold for that amount of Value for up to ninety (90) days.

  4. Returns and Refunds

    If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds. The amounts credited to your Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.

  5. International Transaction Fee

    If you obtain your funds (or make a purchase) in a currency or country other than the currency or country in which your Card was issued, the amount deducted from your funds will be converted by MasterCard® into an amount in the currency of your Card. MasterCard® will establish a currency conversion rate for this convenience using a rate selected by MasterCard® from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate MasterCard® itself receives, or the government-mandated rate in effect for the applicable central processing date, in each instance, plus or minus any adjustment determined by us. This percentage amount is independent of any amount taken by us in accordance with the following section of these Terms & Conditions.

    If you obtain your funds in a currency or country other than the currency or country in which your Card was issued, we will charge a fee of 3% of the total transaction amount and will retain this amount as compensation for our services. This charge is independent of the currency conversion rate established by MasterCard®.

  6. Receipts

    For transactions over US$15, you should get a receipt at the time you make the transaction or obtain cash using your Card. In some cases, you may receive a receipt even if the transaction is US$15 or less. You agree to retain your receipt to verify your transactions.

  7. Payment Review

    Payment Review is a process by which m-Via reviews certain potentially high-risk transactions. If a payment or transfer is subject to Payment Review, m-Via will place a hold on the payment or transfer and provide notice to the Sender of the delay. m-Via will conduct a review and either clear or cancel the transaction. If the transaction is cleared, m-Via will provide notice to the Sender and Recipient. Otherwise, m-Via will cancel the transaction and the funds will be returned to the Sender.

  8. Calls to You; Mobile Telephone Numbers

    By providing m-Via a telephone number (including a wireless/cellular telephone), you consent to receiving autodialed and prerecorded message calls and Short Message Service (SMS) messages from m-Via at that number, including transaction verification requests. If we determine that a telephone number you have provided to us is a mobile telephone number, we may categorize it as such in our systems and in your Profile.

  9. Mobile Transactions

    m-Via allows you to send and receive payments to and from your Boom® Card using your mobile phone. Mobile access is not available in all countries. If you use your Boom® Card via a Mobile Device you are responsible for any fees that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge. Your phone service provider is not the provider of the m-Via services.

  10. Obtaining Information About Your Card

    You may obtain information about the amount of money you have remaining on your Card by calling 1-888-880-6842 or 1-408-524-3030 (US), 01-800-681-9201 (Mexico), or by calling the number on the back of your Card. This information, along with a 60-day history of Card transactions (“Transaction History”), is also available electronically at , or you may write to the Program Provider via mail at m-Via, Inc., P.O. Box 60124, Palo Alto, CA 94306. You also have the right to obtain a 60-day written history of Card transactions by calling the telephone number above or the number on the back of your Card, emailing us at , or by writing us at Written History Request at m-Via, Inc., P.O. Box 60124, Palo Alto, CA 94306. You will be charged US$3.50 for each written history of Card transactions that is sent to you. 

  11. Fees

    All fee amounts will be withdrawn from your Card and will be assessed as long as there is a remaining balance on your Card, except where prohibited by law. Anytime your remaining Card balance is less than the fee amount being assessed, the balance of your Card will be applied to the fee amount.

    Fee Amount Description
    Yearly Card Fee US$25/Year Card Fee is charged on a yearly basis and auto-debited from the Card Balance. Card Fee is waived if Card is acquired as the recipient of an initial Card to Card Transfer.
    ATM Balance Inquiry/ Withdrawal Fee

    First 3 FREE/Month, US$2.00 per inquiry/ withdrawal after that

    		 Assessed each time Card is used to check Card balance or obtain cash from an ATM. If you use an ATM not owned by us 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 surcharge fee amount assessed by the individual ATM operator only and is not assessed by us. The ATM third party surcharge fee amount will be charged to your Card. No third party surcharge fees will be assessed if you use an ATM belonging to the Allpoint Network. You can access the list of Allpoint ATMs at http://www.allpointnetwork.com/atmcoverage.aspx.
    Replacement Card Fee US$4.95

    Fee will be assessed per request to replace a lost or stolen Card.

    Shipping and Handling Fee US$15.00 A shipping and handling fee may be deducted from the Card balance for new Cards delivered via mail as a result of a Card-to-Card transfer to a new Cardholder or for delivery of a replacement Card. m-Via reserves the right to waive shipping and handling fees at its discretion.
    Expedited Replacement Card Fee US$30.00 Assessed per request to replace a lost or stolen Card in an expedited time frame.
    Express Cash Fee US$30.00 Assessed per request. You may request the balance of your Card be sent to you via cash through one of our Designated Partners if you have reported your Card as lost or stolen and do not have access to your Card balance.
    Electronic Transaction History Fee FREE You will not be charged to view your Transaction History online.
    Paper Transaction History Fee US$3.50 Assessed each time a paper Transaction History is mailed. Transaction Histories are mailed only upon request.
    Currency Conversion Fee 3.00%.  See Section 5 for specific details. You will be charged 3.00% of the converted U.S. dollar amount of any transaction made in a currency other than U.S. dollars.

  12. Our Liability for Failure to Complete Transactions

    If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, in no event will we be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages. There are some exceptions to our liability. We will not be liable, for instance:

    1. If, through no fault of ours, you do not have enough Value available on your Card to complete the transaction;
    2. If a merchant refuses to accept your Card;
    3. If an ATM where you are making cash withdrawal does not have enough cash;
    4. 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;
    5. If access to your Card has been blocked after you reported your Card lost or stolen;
    6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
    7. If we have reason to believe the requested transaction is unauthorized;
    8. 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;
    9. Any other exception stated in our Agreement with you.
  13. Your Liability for Unauthorized Transfers

    Your Card is the same as cash and the loss, theft or unauthorized use of your Card could cause you to lose all value on your Card. You are responsible for all transactions initiated through the use of your Card, including any PIN-based transactions, any transactions initiated by presenting the Card number only and any authorized transactions initiated by someone else. You must report unauthorized transactions immediately, or notify us immediately if you believe your Card has been lost or stolen, by calling us toll-free at 1-888-880-6842 U.S. - 01-800-681-9201 Mexico. Only transactions determined to be fraudulent or unauthorized that occur after notification to us will be credited to the card account. Therefore, it is imperative that you notify us immediately upon discovery of unauthorized use, loss or theft of the Card. You are responsible for transactions that occur between the time the card is lost or stolen and the time we are actually notified. When reporting a lost or stolen card, you will be required to provide us with your name, the Card number, your most recent transaction(s) and any other personal information necessary to verify your identity and your ownership of the Card. Once this information is verified, we will either reissue a Card or refund the remaining balance, subject to the US$4.95 Replacement Card fee or the US$30.00 Expedited Replacement Card Fee, and a US$15.00 Shipping and Handling fee in the Fee Schedule, above, and subject to the settlement of any pending transactions on the Card. Please be advised that we reserve the right to require an affidavit confirming the information you provide related to your lost or stolen card prior to the issuance of a replacement card or refund. Please also be advised that it is your responsibility to take reasonable measures to safeguard your card from loss or theft and failure to take such measures may result in the denial of any lost or stolen funds. You agree to fully cooperate with us in our investigation of any possible unauthorized use of your Card.

    Protecting Your Cards

    • This Card is equivalent to cash and should be treated as such. 
    • Don't carry your PIN in your wallet or purse or write it on your Card.
    • Never write your PIN on the outside of papers that could be easily lost or seen.
    • Carefully check ATM or POS transactions before you enter the PIN or before you sign the receipt; the funds for this item will be fairly quickly transferred out of your Card.
    • Periodically check your Card Transaction History. This is particularly important if you shop online. Compare the current balance and recent withdrawals or transfers to those you've recorded, including your current ATM and POS withdrawals and purchases and other transfers. If you notice transactions you didn't make, or if your balance has dropped suddenly without activity by you, immediately report the problem to your card issuer. Someone may have co-opted your Card information to commit fraud.
  14. Other Terms

    Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your 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 anytime. 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 Kansas except to the extent governed by federal law.

  15. Amendment and Cancellation

    We may amend or change the terms of this Agreement at any time. 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 your 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.

  16. Information about Your Right to Dispute Errors

    In case of errors or questions about your Card transactions, including if you think your Transaction History or receipts are wrong or if you need more information about a transaction listed on the written history of transactions or receipts, call 1-888-880-6842 U.S. - 01-800-681-9201 Mexico, e-mail , or write to the Program Provider at m-Via, Inc., P.O. Box 60124, Palo Alto, CA 94306. You must contact us no later than the earlier of either sixty (60) days after the FIRST view of your Transaction History electronically that included the error or problem OR sixty (60) days after we sent you the FIRST written history of Card transactions that included the problem or error.

    1. Provide your name and Card number (if any);
    2. Describe the error or the transaction you are unsure about, and explain why you believe it is an error or why you need more information;
    3. Provide the dollar amount of the suspected error.

    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 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 Card. For errors involving new Cards, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. We will tell you 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 documents used in the investigation may be obtained by contacting: call 1-888-880-6842 U.S. - 01-800-681-9201 Mexico.

  17. Confidentiality

    We may disclose information to third parties about your Card or the transactions you make:

    1. Where it is necessary for completing transactions;
    2. In order to verify the existence and condition of your Card for a third party, such as merchant;
    3. In order to comply with government agency, court order, or other legal reporting requirements;
    4. If you give us your written permission, or;
    5. To our employees, auditors, affiliates, service providers, or attorneys as needed.
  18. 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.

  19. No Warranty Regarding Goods and Services

    We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.

  20. Arbitration

    (a) Purpose: This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.

    (b) Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to the Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreements. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Card, or the Cards of any Additional Cardholders designated by you; (ii) the amount of Available Funds on the Cards; (iii) advertisements, promotions or oral or written statements related to the Cards, goods or services purchased with the Cards; (iv) the benefits and services related to the Cards; and (v) your enrollment for any Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court.

    (c) As used in the Arbitration Provision, the terms “we” and “us” shall for all purposes mean the Bank, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Cards (including, but not limited to merchants who accept the Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or ”yours” shall mean all persons or entities approved by us to have and/or use a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all Additional Cardholders.

    (d) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either the National Arbitration Forum (“NAF”), Judicial Arbitration and Mediation Services (“JAMS”), or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select either of the other organizations listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) the NAF at P.O. Box 50191, Minneapolis, MN 55404; website at www.arbitration-forum.com; (ii) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; (iii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.

    (e) Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE NAF, JAMS, OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

    (f) Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.

    (g) Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.

    (h) Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

    (i) Continuation: This Arbitration Provision shall survive termination of your Card as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

  21. Our Privacy Commitment

    Accuracy & Access

    We are committed to ensuring that the information we obtain and use about you is accurate for its intended purpose. You can access most of your personal information that we collect online and maintain at the useboom.com. You can correct factual errors in your personal information by contacting us at the number or address listed below.
    To protect your privacy and security, we will also take reasonable steps to verify your identity before granting you access or enabling you to make corrections. We will retain personal information we have collected only for the time period needed for business purposes or as required by the corresponding regulatory authorities and we will ensure secure destruction thereafter.

    Data Security

    We utilize physical, electronic and procedural security measures to protect against loss, misuse, and alteration of information under our control. We offer industry–standard practices and security measures to safeguard and secure the personal information we collect.

    Access to personal information is restricted to employees and service providers who need to have access to that information as described in this notice. We require our service providers to observe standards with respect to the security, collection, use and sharing of personal information, and to comply with applicable law.

    Preventing Identity Theft

    We are dedicated to protecting your personal information. We will never initiate a request for personal information from you by fax or email. Please do not send confidential personal information such as social security numbers, government identification numbers, or Card numbers to us via an unsecured email message. Send confidential information to us via the contact methods listed below.

    Do not be misled by emails that appear to be from us and ask for personal information. If you receive a suspicious email requesting your personal information, please forward the email immediately to . To report fraud to the Internet Fraud Complaint Center, visit www.ic3.gov. This is a partnership between The FBI and the National White Collar Crime Center.

    Browsing

    When you browse our websites or request pages, we automatically collect certain technical information about your visit. Examples of this standard type of information include the type of Internet browser you use, the files you request and the domain name and country from which you request information. We use this type of technical information to make our website function correctly, to better understand how visitors use our website and to improve the website, its contents and functionality to meet your needs. As part of our efforts to protect customers from fraud, this information is also used to assist in authenticating who you are when you access the web site.

    Cookies

    Some of our web pages may contain "cookies”, or data which is sent to your web browser and stored on your computer. The purpose of these "cookies" is to allow our server to recognize you as our customer if you return to the website using the same computer and browser. In the event you do not wish to receive such cookies, you usually may configure your web browser to not accept cookies or to notify you if a cookie is sent to you. You are free to decline cookies if your web browser permits, but you may not be able to use all the features and the functionality of our websites.

    Privacy Practices of Third Parties

    We are not responsible for the content or information practices employed by other websites that are linked to or from our website. In most cases, links are provided as pointers to information on services that may be useful to users. These sites are governed by their own privacy statements and you are encouraged to review the privacy statement of these other websites before providing them with personal information.

    Use by Children

    In compliance with the United States Children's Online Privacy Protection Act, we will not knowingly collect personal information from children under the age of 13, without the consent of a parent or guardian.

    Change in Privacy Statement

    Your trust is one of our most important assets. We will continually work to protect the privacy of our customers and will continually review our privacy policy. This website will always contain the most current privacy statement. This statement was last updated June, 2011.

    Contacting Company

    Customer Service – 24 hours, 7 days per week

    For customer service or additional information regarding your Card, please contact us at:

    m-Via, Inc.
    P.O. Box 60124
    Palo Alto, CA 94306

    Phone: 1-888-880-6842 or 1-408-524-3030 (U.S.) or 01-800-681-9201 (Mexico)

    E-mail:

  22. Electronic Consent Required

    Thank you for your interest in the Boom® Prepaid Card. By logging on to www.useboom.com and agreeing to the ESIGN Agreement, you are agreeing to the following.

    1. We may provide the Agreement and any amendments or revisions thereto to you in electronic form. You also agree that we may deliver via electronic communication any future notices and information as may be required by law or by regulation to be provided to you pertaining to the Boom® Prepaid Card (“notices”). The Boom® Prepaid Card is issued by CBW Bank.
    2. We may deliver future Notices electronically by posting the Notice or a link to the Notice on our website or by emailing the Notice to the email address that you have provided to us. You agree to promptly notify us of any change in your email address by logging onto www.useboom.com and clicking on the “Contact Us” link.
    3. You may withdraw your consent to receive electronic communication and cancel your Boom® Prepaid Card profile by logging onto www.useboom.com and clicking on the “Contact Us” link.
    4. You may obtain a paper copy of the Agreement and any future Notices by logging onto www.useboom.com and clicking on the “Contact Us” link. There may be a fee imposed for paper copies. You may also print directly from the site with no fee.
    5. The minimum hardware and software requirements to access and retain the Agreement and Notices are:
      1. An internet browser that supports 128-bit encryption, such as Internet Explorer version 4.0 or above.
      2. An email account and email software capable of interfacing with Boom systems.
      3. A personal computer, operating system and telecommunication connection to the Internet capable of supporting the foregoing.
       

 

Appendix A

SMS Terms and Conditions

  1. Text Y to 22334 to join Boom Customer Account Alert. Message frequency will vary based on usage.
    Text HELP for info.
    STOP to quit.
    * Carrier Message and Data Rates May Apply.

  2. Compatible Carriers

    Compatible carriers include: AT&T, T-Mobile, Verizon Wireless, Sprint, Nextel, Boost, Alltel, U.S. Cellular, and Cellular One.

  3. Discontinue SMS Alerts

    To discontinue receiving SMS messages from Boom, text STOP to 22334.

  4. Getting Help

    For additional help, text HELP to 22334 or contact customer service at 1-888-880-6842.