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 1‐877‐819‐2626 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 1‐877‐819‐2626
. 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 1‐877‐819‐2626 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 1‐877‐819‐2626, 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 1‐877‐819‐2626, 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 1‐877‐819‐2626, 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 1‐877‐819‐2626or 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 1‐877‐819‐2626 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.