Welcome to the FABICash Electronic Check Enrollment Program. This Terms of Use Agreement is between First American BankCard, Inc. and you, our valued customer.

Participation in FABICash Electronic Check Program allows you to obtain access to electronic check processing at participating casino locations by linking your checking account to the FABICash System at participating casino locations. First Data is the check guarantor used by the FABICash Electronic Check Program.

Please read this Agreement carefully (and retain a copy for your files) to understand how FABICash Electronic Check Enrollment Program works, as well as your rights and obligations. You may call us at 18778192626 to request that a copy of this Agreement be mailed to you.

You Agree. By enrolling in FABICash Electronic Check Program and by using your driver's license at participating casino locations for access to your enrolled checking account for electronic check processing, you agree to be bound by, and comply with, the terms of this Agreement, and you acknowledge and agree that entering your PIN at enrollment constitutes your binding electronic signature to this Agreement. You acknowledge and agree that any use of your driver's license for check cashing constitutes acceptance of, and is subject to, the terms of this Agreement, and that this Agreement contains the entire and final agreement between you and us concerning FABICash Electronic Check Program. You also agree to use your Driver's license for check cashing for only personal, family or household purposes and for the purposes described in this Agreement. We reserve the right to terminate this Agreement and your access for checking cashing if you violate any provision of this Agreement or use your Driver's license for check cashing for an improper purpose. YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THAT WE MAY RETREIVE INFORMATION FROM YOUR DRIVER'S LICENSE, PERMIT OR STATE ISSUED IDENTIFICATION CARD, WHETHER BY VISUAL INSPECTION OR ELECTRONIC SCANNING, AS PART OF YOUR ENROLLMENT IN FABICash Electronic Check Program, AND THAT WE MAY SHARE THIS INFORMATION WITH OUR SERVICE PROVIDERS. THE PURPOSE FOR RETREIVING THIS INFORMATION, AMONG OTHER REASONS, IS TO VERIFY YOUR IDENTITY AND HELP PREVENT FRAUD. You agree that your personal information being collected by us is not required as a condition for an individual to pay by check but is necessary for us to provide you with the services of FABICash Electronic Check Program. Before you use check cashing product in a participating casino location, we may verify the information that you have given us.

Business Days. You may use your driver's license for check cashing in connection with FABICash Electronic Check Program on any day during normal business hours at our participating casino locations.

Customer Service. If you need help or have questions about FABICash Electronic Check Program, call us toll-free at 18778192626 . Our customer service representatives are available 24 hours a day, 7 days a week.

Eligibility. You are eligible to enroll in FABICash Electronic Check Program if you are 18 years of age or older and maintain a bank account that may be used in connection with FABICash Electronic Check Program, and First Data deems you eligible. If your designated bank account is closed, we may not complete check cashing transactions, your privileges may be canceled, and your check cashing privileges will be cancelled at participating casino locations. To enroll in FABICash Electronic Check Program, you must accept the terms of this Agreement and complete the FABICash Electronic Check Program enrollment process. You must also provide us with information about your bank account as required. You agree to promptly notify us of any changes in any information you provide to us. Your enrollment information and required documents will be reviewed and approved by us. We reserve the right to deny you enrollment in the FABICash Electronic Check Program and reject your use of your driver's license and checking account for any reason and in our sole discretion.

Information Accuracy; Credit Verification. You acknowledge and agree that any information you provide to us is complete, true and accurate. You authorize us or First Data to request and obtain, from time to time, consumer reports from consumer reporting agencies and other information about you from third parties (including, without limitation, information concerning your bank account, debit card or credit card) that we believe is helpful to determine your eligibility to participate in FABICash Electronic Check Program, to complete requested transactions, or for any other legitimate business purpose.

Availability of Funds. You agree to maintain, and when you use your Driver's license for check cashing in connection with FABICash Electronic Check Program, you represent and warrant to us that you have sufficient available funds in your bank account to cover the total amount of a FABICash Electronic Check Program transaction (including any cash back received and charges provided for in this Agreement). You agree that (a) we may complete a FABICash Electronic Check Program transaction even if that transaction overdraws your bank account (b) we will not be liable to you if we do, and (c) you are responsible for any charges or interest that your bank may charge you if your bank account becomes overdrawn. You also agree that we may request that you immediately repay the amount in excess of your available balance or deposit immediately sufficient available funds in your bank account and suspend your use of your Driver's license for check cashing in connection with FABICash Electronic

Check Program or terminate this Agreement. If we are unable to complete a FABICash Electronic Check Program transaction for any reason associated with your bank account, we or First Data will not notify you unless required by applicable law. In the event any FABICash Electronic Check Program transaction returns due to insufficient funds, you authorize us or First Data to debit your account, by charge(s), Electronic Fund Transfer (EFT), or draft(s) for the unpaid sale amount, plus all applicable fees as stated on point-of-sale signage, or the maximum fee(s) allowed by state law. You further confirm you have read and understand the point-of-sale signage pertaining to applicable fees for returned items, which may change from time-to-time as posted. You further understand that you have the right to revoke the authorization for the debiting of your account by EFT by calling Customer Service at 18778192626 or by sending a written notice of termination to: Customer Service at 3350 Ridgelake Drive, Suite 114, Metairie, Louisiana 70002. You further understand and agree that the representations contained in this paragraph apply to all bank accounts you may enroll in the FABICash Electronic Check Program.

Using Your Enrolled Checking Account. You agree NOT to give your Driver's license for check cashing to any person or otherwise permit such person to use, and to take reasonable precautions to safeguard your enrolled account integrity and keep it confidential. Your Driver's license for check cashing identify and authenticate you to us when you perform FABICash Electronic Check Program transactions. You authorize us to rely on your Driver's license for check cashing to identify you, and as signature authorization for any FABICash Electronic Check Program transaction performed. You acknowledge and agree that, if you permit another person to use or give another person your Driver's license for check cashing, you are responsible for any FABICash Electronic Check Program transaction performed, goods purchased or services obtained and charges incurred by such person, even if that person exceeds your authorization.

Documentation. Check Cashing transactions that occur at participating casino locations will appear on your bank account statement, as applicable. Unless a point-of-sale terminal is not working properly, you can get a receipt each time you perform a electronic check transaction. You should save your receipts and check them against your bank account. If you have any questions, call us at 18778192626, or write to Customer Service at 3350 Ridgelake Drive, Suite 114, Metairie, Louisiana 70002. Any documentation provided to you that indicates that a FABICash Electronic Check Program transaction was made is evidence of such transaction and constitutes proof that the transaction was made.

Lost, Stolen or Unauthorized Use If you believe that your Driver's license for check cashing has been lost or stolen, or if you suspect that your Driver's license for check cashing is being or may be used without your permission, or someone has authorized or may authorize a FABICash Electronic Check Program transaction without your permission, immediately call us at 18778192626, or write to us at Customer Service at 3350 Ridgelake Drive, Suite 114, Metairie, Louisiana 70002. You should also notify your bank, as applicable.

Bank Statements. We will not send you a periodic statement listing FABICash Electronic Check Program transactions authorized using your Driver's license for check cashing. The transactions will appear only on the statement issued by your bank or other financial institution. SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU USE YOUR DRIVER'S LICENSE FOR CHECK CASHING, AND CHECK THEM AGAINST THE STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call us at 18778192626, or write to us at Customer Service at 3350 Ridgelake Drive, Suite 114, Metairie, Louisiana 70002.

Error Resolution. If you think your bank account statement is wrong or if you need more information about a electronic check transaction listed on the statement, contact us at 18778192626or write us at Customer Service at 3350 Ridgelake Drive, Suite 114, Metairie, Louisiana 70002 as soon as you can.

We must hear from you no later than 90 calendar days after your bank sent the FIRST statement on which the problem or error appeared. We will extend this time period for a reasonable period only under the circumstances prescribed by applicable law. When you contact us or in your correspondence, tell us your name, address, telephone number and bank account; describe the error or FABICash Electronic Check Program transaction you are unsure about and explain as clearly as you can why you believe it is in error or why you need more information; and tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days following the date you notified us. We will tell you the results of our investigation within 10 business days following the date you notified us, and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question following the date you notified us. If the alleged error involves a transfer resulting from a point-of-sale transaction, we may take up to 90 calendar days (instead of 45 calendar days) to investigate. If we decide that there was no error, we will (i) send you a written explanation within 3 business days after we finish our investigation, and (ii) notify your bank that it must honor debits to your bank account after our notification. If an overdraft results, we will promptly reimburse your bank in the amount of the overdraft. If we determine that an error occurred, we will transfer funds to or from your bank account, in the appropriate amount within 1 business

day of making our determination. You may, at no cost, examine and inspect all documents that we used in our investigation. You may also ask for copies of the documents that we used in our investigation.

Stop Payments. UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUND TRANSFERS, THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT. The fact that you initiate certain electronic fund transfers from your bank account will, except as otherwise provided in this Agreement, effectively eliminate your ability to stop payment of the transfer.

Keeping You Informed of Changes. We may change any term or condition of this Agreement in our sole discretion and from time to time. Any such change will generally be effective immediately without notice to you unless we are required by applicable law to provide you with advance written notice of the proposed changes. In such instances, those changes will be effective immediately after we have provided you with the required advance written notice following the effective date stated in such notice. If you provide us with your e-mail address, then you are consenting to allow us to provide you with any such written notice or any other required notices by e-mail sent to that e-mail address. If you do not agree to the changes, you may terminate this Agreement in accordance with the terms of this Agreement. You will be deemed to accept any changes to this Agreement if you continue to maintain or use your Driver's license for check cashing in connection with FABICash Electronic Check Program after the date on which the changes became effective. This Agreement may not be amended or modified orally.

Cancellation and Termination. We reserve the right to terminate this Agreement and cancel your participation in the electronic check cashing product at participating casino locations for any reason and at any time without notifying you. You also have a right to terminate this Agreement and your use of your Driver's license for check cashing by calling us at 18778192626 or writing us at Customer Service at 3350 Ridgelake Drive, Suite 114, Metairie, Louisiana 70002. If you call, we may require you to put your request in writing and get it to us within ten (10) calendar days after you call.

If we take any action to collect any amounts you owe us under this Agreement to enforce our rights under this Agreement (regardless of whether a lawsuit is filed), or to defend ourselves in a lawsuit brought by you where we are the prevailing party, you agree to reimburse us for our losses, liabilities, claims, fines, penalties, fees, costs and expenses (including, without limitation, attorneys' fees and litigation costs) of any kind, to the extent permitted by applicable law.

Any termination of this Agreement, whether initiated by you or us, will not affect any of your or our rights and obligations that have arisen before the effective date of termination of this Agreement. You will be responsible for all electronic transactions completed with your Driver's license for check cashing, even if we allow a transaction to be completed with your Driver's license for check cashing after this Agreement has been terminated. If you attempt to use your Driver's license for check cashing in connection with a electronic check transaction after this Agreement is terminated, your access will be revoked.

Confidentiality. In order that your privacy may be protected, we will not disclose any information to third parties about you, your bank account, except in the situations noted below. Specifically, we will disclose such information: (a) where it is necessary for completing FABICash Electronic Check Program transactions; (b) to persons authorized by law in the course of their official duties; (c) to a consumer reporting agency as defined by applicable state and federal law; (d) in order to comply with government agency or court orders, such as a lawful subpoena; (e) to our employees, auditors, service providers, attorneys or collection agents in the course of their duties; (f) in order to verify the condition and existence of your bank account for a third party, such as a credit bureau or merchant; (g) as otherwise permitted by law.

Transactions. WE DO NOT MAKE, AND WE HEREBY DISCLAIM, ANY WARRANTIES REGARDING THE FABICash Electronic Check Program, THE USE OF YOUR DRIVER'S LICENSE FOR CHECK CASHING THEREWITH, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE.

Limitation on Liability. We will not be liable for any loss or damage you incur as a result of any dealings with, or services provided by the bank. IN NO EVENT WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Indemnification. You agree to indemnify and hold us, our directors, officers, employees, and agents (and the same of our affiliates and our affiliates themselves) harmless from and against losses, liabilities, claims, fines, penalties, fees, costs and expenses (including, without limitation, attorneys' fees and litigation costs) of any kind

arising in connection with the services provided under this Agreement, except to the extent that they arise out of our own gross negligence or willful misconduct.

Monitoring and Recording. You acknowledge and agree that your telephone calls and other notices and communications you provide to us may be monitored and recorded for training and quality control purposes. We may, and you agree and authorize us to, monitor, record, retain and reproduce your telephone calls and any other notices and communications you provide to us, regardless of how transmitted to us, as evidence of your authorization to act in connection with the electronic check cashing program or any electronic check transactions. We will not be liable to you or any third party for any losses or damages that are incurred as a result of these actions. We are not under any obligation to monitor, record, retain or reproduce such items, however, unless required to do so by applicable law.

Correspondence. To the extent permitted under applicable law, any written correspondence you send to us will not be effective until we receive and have had a reasonable opportunity to act on such correspondence. Any written correspondence we send to you, however, will be considered received by you within 3 calendar days of the date we mail the correspondence to you at your address as it appears on our records.

Governing Law. This Agreement shall be governed by and interpreted according to the laws of the State of Louisiana and, to the extent applicable, the laws of the United States. The unenforceability of any provision of this Agreement will not in any way affect or impair the legality of enforceability of the remaining provisions of this Agreement.

 

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