Cross River Bank Stored Value Account Agreement

These 𝕏 Money Stored Value Account Terms of Service (“Terms”) govern your access to and use of the 𝕏 Money Stored Value Account and related products and services provided by Cross River Bank (collectively, the “Payment Services”), a New Jersey state-chartered bank (the “Bank,” “Cross River,” “we,” “us,” or “our”). By using the Payment Services, you agree to be bound by these Terms, the Acceptable Use Policy, and the 𝕏 Money (“Money”) Interest Addendum included with these Terms, and you acknowledge that you were presented with our Privacy Policy prior to accepting these Terms (the Terms, including its Appendices which are the Short Form Disclosures, the Long Form Disclosures and the 𝕏 Money Interest Addendum, the ICS Omni Deposit Placement Sweep Program Terms and Conditions, our Privacy Policy and the Acceptable Use Policy, are collectively, the “𝕏 Money User Documents”).

For purposes of these Terms, “Stored Value Account” means your Stored Value Account provided by Cross River in which you hold or store value and includes the records maintained on Cross River’s behalf of the value available to you and of the transactions associated with your Stored Value Account.

X Payments LLC (“X Payments”) is a service provider that performs certain services related to your Stored Value Account on Cross River’s behalf, including providing access to the Payment Services through various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and other functionality available through the X platform, its parent X Corp., its affiliates, its subsidiaries, and its other covered services (collectively, the “X Platform”). Your access to and use of the Payment Services through the X Platform is also subject to the X Payments Terms of Service, the X Rules and Policies and the X Terms of Service (collectively, the “X Platform Terms”). In the event of any conflict between these Terms and the X Platform Terms, these Terms will prevail.

Please read the 𝕏 Money User Documents, including these Terms, carefully to make sure you understand the applicable terms, conditions, and exceptions.

CLASS ACTION WAIVER AND ARBITRATION NOTICE: THESE TERMS INCLUDE AN ARBITRATION
AGREEMENT AND A WAIVER OF YOUR RIGHT TO BRING CLAIMS AS CLASS. SEE SECTION 14 FOR
MORE INFORMATION.

Except as otherwise provided herein, we may change these Terms without prior notice to you, for example, by posting the information through the X Platform website. The changes will not be retroactive, and the most current version of the Terms, which will always be available through the X Platform, will govern our relationship with you. We will attempt to notify you of material updates, for example via a service notification or an email to the email address associated with your X account, but it is important that you review these Terms regularly for updates. To the extent that we are required to provide you prior notice of change to these Terms, we will provide you the notice. By continuing to use any of the Payment Services after changes become effective, you agree to be bound by the updated Terms.

1. Who May Use the Payment Services

You may use the Payment Services only if you agree to form a binding contract with Cross River Bank and are not a person barred from receiving services under the laws of the applicable jurisdiction or otherwise barred or ineligible under the X Platform Terms. In order to use the Payment Services, you must also be at least 18 years of age, have an account with X (your “X Account”), have a verified U.S. phone number, reside in a jurisdiction where the Payment Services are offered, keep your payment and personal information accurate and complete, and agree to these Terms.

2. Privacy

Our Privacy Policy describes how we collect, use, and share information we collect in connection with your use of the Payment Services. In addition, X Payments’ privacy policy describes how X Payments collects and uses information in connection with your access to the X Platform. You understand that by using the Payment Services, you consent to the collection, use, and sharing of information as described in the applicable privacy notices.

3. Other Terms

Your use of certain Payment Services may be subject to or require you to accept additional terms and conditions. For example, we or our service provider, X Payments, may integrate or partner with certain third-party providers or applications. Your use of certain features or functionality of the Payment Services may be subject to your acceptance of any such third party’s terms or agreements, which will govern your use of the third party's service and will prevail in the event of a conflict with these Terms. We are not a party to those agreements and have no responsibility for the products or services provided to you by any third party.

4. Using the Payment Services

Verification & Registering Your Stored Value Account. The Payment Services are accessible through your X Account. To access, register for, or use any of the Payment Services, we reserve the right to require you to provide identifying information to us (in addition to the information you previously provided upon creating an X Account) that we may specify in our sole discretion. We will use this information to verify your identity or transactions. All information entered by you or collected in the course of your registration for and use of the Payment Services, and any information you subsequently add or update, must be complete, true, and accurate in all respects, and you agree to keep all such information current.

As part of the Payment Services, we offer a Stored Value Account, which permits you to hold, transfer, and manage funds through the X Platform. X Payments, as our service provider, facilitate your access to and use of the Stored Value Account. We may provide an account opening bonus when you open an account. Except that you must successfully open a Stored Value Account, there are no other conditions. This bonus amount is subject to change at our discretion.

You authorize us, directly, or through third parties, to make any inquiries we consider necessary to verify your identity and the information you provide, including, for example, your name, email address, mobile phone number, full residential address, date of birth, and Social Security number. We may also screen you against third-party databases or other sources, request reports from service providers, ask you to provide one or more forms of government identification or other identification information, and/or require you to take steps to confirm other information. You must own or be an authorized user of the email address and/or mobile phone number you provide to us at registration, as well as all payment methods you use.

We may terminate, suspend, or limit your access to the Payment Services, including declining any attempted transactions, or close your Stored Value Account in the event we are unable to obtain or verify any of your identifying information, if you do not keep your information updated, or otherwise at our sole discretion.

If we believe that you are using the Payment Services in a way which violates or is likely to violate our Terms, the X Platform Terms, or applicable law, or facilitates or furthers any illegal activity, we reserve the right to cancel your transaction and/or terminate, limit, or suspend your access to the Payment Services.

If we suspend or terminate your use of the Payment Services or close your Stores Value Account, we or X Payments, on our behalf, will attempt to notify you via email and will transfer funds maintained on your behalf to you, to the extent permitted by law, these Terms, and our policies. Suspension of your use of a Payment Service will not affect your rights and obligations pursuant to these Terms arising before or after such suspension or with respect to any non-terminated Payment Services.

Changes to the Payment Services. Except as otherwise provided herein, we reserve the right to change, suspend, or discontinue any aspect or all of the Payment Services at our sole discretion, without notice or liability and except as otherwise required by applicable law. We may stop (permanently or temporarily) providing the Payment Services or any features within the Payment Services to you or to users generally without notice or liability. We may also improve, enhance, and modify the Payment Services and introduce new products or services under the Payment Services from time to time without notice or liability.

Funding Methods. We may provide functionality that enables you to link or save payment method credentials issued by us (such as Stored Value Accounts) or third parties (such as your bank account), which may then be used for the Payment Services (each a "Funding Method").

In order to use the Payment Services, we may require you to link at least one external permitted Funding Method to the Payment Services, provide us with accurate information, and keep that information about your Funding Method(s) stored with us currently. When you link an external Funding Method, you confirm that you are permitted or otherwise authorized to use that Funding Method and authorize us to take certain actions to confirm that your Funding Method(s) is current, active, and owned by you, including by initiating a payment authorization or a nominal-value credit to that Funding Method.

Authorization to Charge External Funding Method. When you link an external Funding Method, you authorize us to charge the external Funding Method for the amount of the applicable transfer (i) when you initiate a transfer using the external Funding Method to fund your Stored Value Account or (ii) in connection with any errors, claims, or disputes. You can revoke your authorization for us to charge an external Funding Method by deleting the external Funding Method from the Payment Services. You acknowledge and agree that deleting an external Funding Method does not revoke your authorization for any transactions that have been initiated.

Default Funding Method. We may, at our discretion, provide you with the option to select a Funding Method as your preferred method to add funds to your Stored Value Account (“Default Funding Method”). Not all Funding Methods may be eligible to be selected as your Default Funding Method. If you choose to set a Default Funding Method, your Default Funding Method will be automatically selected when you initiate an add-funds transaction (e.g., to load your Stored Value Account). You may have the opportunity to choose a different Funding Method before completing a transaction, and you can review, remove, or change your Default Funding Method at any time through the “Money” section on the X Platform mobile app or website (the “Money Section”). Payment Services transactions are funded from available funds in your Stored Value. We do not currently support automatic funding or overdraft functionality to complete a Payment Services transaction if your Stored Value Account balance is insufficient.

Our Rights to Limit the Payment Services. We may, from time to time, impose and change limits on your use of the Payment Services, including but not limited to, your ability to utilize the Payment Services, the amount you may transact or transfer in a given period, the size of balances you may hold, hours of availability, Funding Methods you may use, or the number of transactions you may initiate in a given period. Transfer limits may vary depending on the specific Funding Method used, verification steps you have completed, and other factors. See Section 6 for additional details on limitations on the frequency and dollar amount of transfers.

5. Your Stored Value Account

General. You can access and manage your Stored Value Account at any time via the X Platform mobile app or website, by logging in and navigating to the Money Section.

Your Stored Value Account balance may be pooled with the Stored Value Account balances of other users.

Funds associated with your Stored Value Account are held by Cross River Bank. Please refer to the Money Interest Addendum in Appendix 3 for details regarding the interest feature.

In the event that Cross River fails, the funds in your Stored Value Account, together with all other funds you hold at Cross River in the same right and capacity, should be eligible for FDIC insurance up to the current maximum deposit amount, which is currently $250,000. Certain conditions must be satisfied for pass-through FDIC deposit insurance to apply.

X Payments is not a bank, is not FDIC-insured, and does not take deposits. All banking products and services are offered by Cross River Bank.

Funding Your Stored Value Account. You can transfer funds to your Stored Value Account from your external bank account via Automated Clearing House (“ACH”) transfer, or through other methods that we may enable from time to time at our discretion. When adding funds to your Stored Value Account, we may debit or charge your Funding Method as soon as you initiate the transfer, but the funds may not be credited to your Stored Value Account until we have received your funds. We may require that the name on your Funding Method match your name.

You may also receive funds to your Stored Value Account from us, X Payments, or from other users, as we may permit from time to time.

Transferring Funds from Your Stored Value Account to an External Account. You can transfer all or a portion of the funds from your Stored Value Account to your external bank account. When transferring funds from your Stored Value Account, we may debit or charge your Stored Value Account as soon as you initiate the transfer, but the funds may not immediately settle to your external bank account. If available, we may offer you the option to transfer funds to an external bank account using an “Instant” transfer, subject to any fee listed in Appendix I. Instant transfers usually result in funds being available in your external bank account within 30 minutes.

To transfer funds to an external account, you must be the named account holder of both the Stored Value Account and that external account.

We or X Payments, as our service provider, may utilize processors, banks, or other authorized third parties to facilitate transfers to external accounts. Your transaction cannot be canceled if, before receiving your request for cancellation, we or our service provider have transmitted the transaction instruction for processing.

Early Direct Deposit. When you sign up as an individual user to receive your paycheck using direct deposit into your Stored Value Account, it may take up to 1-2 pay periods for you to receive your first paycheck into a Stored Value Account. Once your Stored Value Account is set up to receive your paycheck using direct deposit, you will receive your direct deposit up to two days early. You will not be charged any fee for this service. Qualifying Direct Deposit refers to direct deposits that occur on a regular basis and is made using ACH credit transfer.

Early Direct Deposit is available up to $15,000 per direct deposit. Any amount exceeding $15,000 will be made available to you on the effective date of the ACH transfer. Early Direct Deposit is not guaranteed and requires employers’ timely transfer of ACH files. We may cancel Early Direct Deposit at any time. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at 888-606-9669 to find out whether or not the deposit has been made.

Fees. Please see Appendix 1 and 2 (Stored Value Account Balance Long Form and Short Form Disclosures) for an overview of the fees associated with your Stored Value Account.

Closing Your Stored Value Account. You may close your Stored Value Account at any time. When you close your Stored Value Account, we may cancel any transactions that have not been completed, and you will remain liable and responsible for any and all obligations related to your account, even after the account is closed. If you have a balance in your Stored Value Account, you must transfer any funds before we complete the closure of your account.

Limitations. In certain cases, we may not transfer funds out of your Stored Value Account or close your account if there are any pending issues, including, but not limited to, if you have an open dispute or claim, if your account is subject to any holds, to comply with the request of law enforcement or any regulatory authority if required by law, or to comply with our other legal or regulatory obligations. We reserve the right to delay, hold, or further limit transfers or place a hold on your funds at our discretion to protect ourselves or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liabilities. In addition, you may not transfer funds from your Stored Value Account to your external bank account to evade a payment investigation.

6. Transfers

General. As part of the Payment Services, we may provide you the ability to make the types of transfers listed below. Except as required by applicable law, we are not responsible or liable to you for funds provided to the wrong party or account where you provided incorrect instructions or account details.

ACH Transfers. As part of the Payment Services, we may allow you to make transfers that use the ACH network (i) to transfer funds from your external bank account to your Stored Value Account and (ii) to transfer funds from your Stored Value Account to your external bank account. We generally process standard ACH transfers within 3 Business Days, but you acknowledge that we may delay or refuse processing ACH transfers for security reasons and that the financial institution receiving an ACH transfer may take additional time to process the transfer. When you request an ACH transfer using the Payment Services, you authorize us to initiate an ACH debit or credit (as applicable) to your external bank account linked to the Stored Value Account in the amount and on the date of the applicable transfer and this authorization serves as a standing authorization for those subsequent ACH entries. You represent and warrant to us that you are the named account holder of such bank account.

Debit Card Transfers. As part of the Payment Services, we may allow you to make transfers (i) from your debit card-linked account to your Stored Value Account and (ii) from your Stored Value Account to your debit card-linked account. When you request a debit card transfer, you represent and warrant that you own the debit card used in connection with the transfer.

Mobile Check Deposits. As part of the Payment Services, we may allow you to load funds to your Stored Value Account by crediting the value of a paper check into your Stored Value Account balance using the mobile check deposit feature of the X Platform mobile app. All mobile check deposits are subject to review and approval. We reserve the right to reject a mobile check deposit for any reason and to place limits on the value you can load to your Stored Value Account using the mobile check deposit feature, in our sole discretion. When you upload images of a check for crediting to your Stored Value Account using the mobile check deposit feature, you represent to us that you are the payee named on the check and that you have endorsed the check with “Mobile Deposit at X Account.” We may require that the name on the check match the name associated with your Stored Value Account. X Payments, as our service provider, may transmit the captured check images for processing on our behalf, and the check may be processed through Cross River Bank’s systems or its authorized processors as an electronic fund transfer in accordance with applicable law. We will make the funds available in your Stored Value Account only once those funds are actually received by us or otherwise as provided in these Terms. Until that time, the credit will show as pending in your transaction history. In some cases, funds may clear incrementally, in which case the completed portion will show as one or more completed transactions, and the remainder will show as pending. Keep the physical check until the credit shows as completed on the X Platform mobile app for the full check amount. If for any reason the mobile check deposit is rejected or returned, we will attempt to notify you, for example via a notification through the X Platform mobile app or an email to the email address associated with your Stored Value Account.

Check Issuance. You will be able to use the X Platform mobile app to get a remotely created check issued to a beneficiary, and mailed to an address that you choose. A check will be issued from your Stored Value Account within 1-2 Business Days from your request. You are entitled to request to stop the check from being paid. If the check is not paid yet, we will honor your request. If the check has already been paid, you have to demonstrate that the check was not authorized in order to receive a recredit in your Stored Value Account. You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check.

Wires. Once we have completed all required internal reviews after you initiate a wire transfer, we will update your available balance accordingly. We may restrict or limit the availability of our wire transfer services at any time, at our sole discretion. We are not liable to you for any loss you may incur as a result of our rejection of a payment order. We will rely on the information you provide in your wire instructions, including the account number and financial institution of the beneficiary. You agree that we may process the wire instruction based solely on the account number you provide. We are not liable for any losses resulting from an incorrect account number or your misidentification of the beneficiary, unless required by law. We may charge fees for this service and may limit the amount of funds you are able to transfer in one transaction. For international wires, you have the right to cancel the transfer within a brief period of time after you initiate the transfer.

Cashloading. You can load cash into your Stored Value Account at certain retailers. Cashloading is offered in partnership with Interactive Communications International, Inc. (“InComm”). When you wish to load cash to your Stored Value Account, you will be provided with a barcode on your Money Section, which can be scanned at the retailer you choose to deposit your cash at. You are responsible for ensuring that the barcode is used only for the purpose of loading cash, and you should not copy, duplicate, or reproduce the barcode. We may restrict or limit the availability of cashloading services in its entirety or at certain retailers or retailer locations at any time, at our sole discretion. We may charge fees for this service and limit the total amount of funds you are able to load in cash. In order to load cash, you must consent to the terms and conditions provided by InComm on on the Money Section of the X Platform.

Peer-to-Peer Transfers on the X Platform. You can initiate peer-to-peer ("P2P") transfers using the funds in your Stored Value Account. You may only send a P2P transfer to other persons who meet the requirements of the Terms (each, a "user"). To send a P2P transfer to another user, you must provide the identifying details that we may require for that user, specify the amount that you would like to transfer to them, and have sufficient funds in your Stored Value Account for the transfer.

Upon confirming the transfer instructions, you authorize us to debit the relevant amount from your Stored Value Account and send the relevant amount to the designated recipient.

The transfer recipient will be notified of the transfer and may accept or reject it. The recipient will also be invited to complete the X Payments onboarding process, if they have not yet done so. If the recipient accepts the transfer, the amount of the transfer will be credited to the recipient’s Stored Value Account balance. If we (are unable to complete the transfer to another user for any reason, including because the recipient is not eligible for the Payment Services, or chooses not to accept the transfer, the transfer will be canceled, and the funds will be refunded to your Stored Value Account.

Transfer Delays. We reserve the right in our sole discretion to delay the transfer of funds to a recipient or place a hold on funds received via the recipient’s Stored Value Account balance. Subject to the exceptions described in these Terms and applicable law, we are not liable to the recipient or any other person for any delay in making funds available to the recipient.

Transfer Limits. Please refer to the Money Section for limits specific to your use.

7. Limits on Reversals & Cancellations

It is your responsibility to ensure that all transaction instructions and details are accurate at the time of submission to us. If you send a P2P transfer to another user, you may request that X Payments, as our service provider, cancel the transfer by contacting Money customer support. Please note that we are unable to cancel P2P transfers once the funds are reflected in the recipient’s Stored Value Account balance and are available for use or transfer by the recipient.

If the funds have not yet been reflected in the recipient’s Stored Value Account, X Payments, on our behalf, will use commercially reasonable efforts to terminate the P2P transfer upon your request. If we are able to cancel the transfer, the funds will be recredited to your Stored Value Account.

In order to cancel recurring payments, you may notify X Payments, our service provider, by accessing the Scheduled Payments tab of the Money Section of the X Platform and cancelling the scheduled payments. You must submit such a request at least three (3) business days prior to the scheduled date of transfer. If you notify us by calling us at 888-606-9669, X Payments may require you to cancel the payments using the app or by writing to us at X Payments LLC, Attn: Customer Support, 1450 Page Mill Road, Palo Alto, California, 94304 within 14 days of an oral notification. If you do not submit a written request by canceling using the app or writing to us within 14 days, we may deem the oral notification void.

8. Funds Availability

The information here describes the general policy of holding deposited items in a Stored Value Account before funds are made available to you. We do not accept all deposit types on all Stored Value Accounts.

The length of the delay is counted in Business Days from the day of your deposit. Every day is a Business Day except Saturdays, Sundays and federal holidays. If you make a deposit before 2:00pm ET on a Business Day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after 2:00pm ET or on a day we are not open, we will consider that the deposit was made on the next Business Day we are open.

The length of the delay varies based on the type of deposit and is explained below.

All Accounts

Same-Day Availability. Funds from the following deposits are available on the day that the funds are received by Cross River.

• Electronic direct deposits to your Stored Value Account
• P2P transfers
• Wire transfers
• Checks drawn on Cross River Bank

Next-Day Availability. Funds from US Treasury checks (if payable to you and deposited into your Stored Value Account) are available on the first Business Day after your deposit.

Other Check Deposits. Funds from all other check deposits will be available on the second Business Day after the day of your deposit. The first $275.00 of your deposits, however, will be available on the first Business Day after the deposit.

Longer Delays May Apply. Availability of funds you deposit may be delayed for a longer period of time under the following circumstances:

• We reasonably believe a check you deposited will not be paid.
• You deposit checks totaling more than $5,525 on any one day.
• You redeposit a check that has been returned unpaid.
• You have overdrawn your Stored Value Account repeatedly in the last six months.
• There is an emergency, such as a failure of computer or communications equipment.

Holds on Other Funds in Another Account. If we accept a check for a deposit that is drawn on another financial institution, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.

Foreign Checks. Checks drawn on financial institutions outside of the U.S. cannot be processed the same as checks drawn on U.S. financial institutions. Foreign checks are exempt from the policies outlined in this disclosure. Generally, the availability of funds from deposits of foreign checks will be delayed for the time it takes us to collect the funds from the financial institutions upon which they are drawn.

Your Responsibility for Deposits. Even if we have made funds available to you and you have withdrawn the funds, you are still responsible for deposits that are returned to us unpaid and for any other problems involving your deposit.

Same-Day Availability. Funds from the following deposits are available on the day that funds arrive at Cross River.

• Electronic direct deposits to your Stored Value Account
• Wire transfers
• The first $5,000 of checks drawn on us.

Next-Day Availability. Funds from the first $5,000 of US Treasury checks (if payable to you and deposited into your Stored Value Account) are available on the first Business Day after your deposit.

Other Check Deposits. Funds from all other check deposits will be available on the seventh Business Day after the day of your deposit.

9. Transaction Information

When a transaction occurs using your credentials, we will assume that the information you provided is complete and accurate in all respects and you authorized the transaction, unless you notify us otherwise. You are solely responsible for maintaining adequate security and control of your credentials, Funding Methods, or any other code, device, or password that you use to access the Payment Services and for monitoring your transaction history. You should not share or provide access to your credentials to any other person. We will provide your transaction history, confirmations, and other information to you regarding the Stored Value Account electronically on or through the Money Section.

We will provide a monthly statement of your Stored Value Account activity via the Money Section when each statement is ready to view.

What is an Unauthorized Transaction?

An “Unauthorized Transaction” is a transfer of money from your Stored Value Account balance made without your authorization and from which you receive no benefit.

The term “Unauthorized Transaction” does not include a transfer of money initiated (1) by someone to whom you gave authority to make transfers when that person exceeds the authority you provided them (unless you’ve notified us that this person is no longer authorized to initiate transfers) or (2) by you with fraudulent intent or any person acting in concert with you.

What should you do if an Unauthorized Transaction occurs?

If you believe that your credentials or PIN have been compromised or your Money-enabled device has been lost or stolen, please contact X Payments, our service provider, immediately via https://money-support.x.com/forms using your X account, call 888-606-9669 or write to: X Payments LLC, Attn: Customer Support, 1450 Page Mill Road, Palo Alto, California 94304.

Tell us AT ONCE if you believe your credentials or PIN have been compromised or your Money-enabled device has been lost or stolen, or if you believe that your Stored Value Account has been accessed without your permission. Contacting us via Money customer support using your X Account is the best way of keeping your possible losses down. You could lose all the money in your Stored Value Account.

If someone uses your credentials, 𝕏 Card or PIN without your permission, and you tell us within two (2) business days after you learn of the unauthorized transaction, you can lose no more than $50. You may also be entitled to additional protections from liability for unauthorized transactions using your 𝕏 Card or PIN if zero liability protection applies to the transaction under the 𝕏 card Cardholder Agreement. If you do NOT tell us within two (2) business days after you learn of the unauthorized transaction, and we can prove we could have stopped someone from using your Stored Value Account without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made by your credentials, Card or PIN, tell us at once. If you do not tell us within 60 days after the statement was provided to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If extenuating circumstances (such as extended travel or hospitalization) kept you from telling us, we will extend the time period by a reasonable amount. Even if we are entitled under these Terms and applicable law to hold you responsible for a loss, we reserve the right to waive your liability in our sole discretion.

10. Error Resolution

In Case of Errors or Questions About Your Electronic Transfers

Contact us via https://money.x.com/en/forms using your X Account, call us at 888-606-9669 or write us at X Payments LLC, Attn: Customer Support, 1450 Page Mill Road, Palo Alto, California 94304 as soon as you can, if you detect an error in connection with your account. An error means (i) there is an unauthorized fund transfer, (ii) an incorrect fund transfer; (iii) the omission of a fund transfer; (iv) a bookkeeping error; (v) your receipt of an incorrect amount of money from an electronic terminal; (vi) an electronic fund transfer not identified in accordance with a statement your received or a receipt you obtained; or (vii) you need additional information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

When you contact us:

• Tell us your name and Stored Value Account number.
• Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
• 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 to the address we provide you.

We will will investigate promptly and determine whether an error occurred within 10 Business Days after we hear from you. If we need more time to complete our investigation, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your Stored Value Account within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your Stored Value Account.

For errors involving new Stored Value Accounts, we may take up to 90 days to investigate the error. For new Stored Value Accounts, we may take up to 20 Business Days to provisionally credit your Stored Value Account for the amount you think is in error.

We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation, and upon request, we will provide you copies of the documents that we used in our investigation.

11. Disclaimers and Limitations of Liability

The Payment Services are Available “AS-IS.” Except as expressly provided in these Terms, the X Terms, or otherwise required by applicable law, your access to and use of the Payment Services are at your own risk and are provided to you on an “AS IS” and “AS AVAILABLE” basis.

Our Liability. If we do not complete a transfer to or from your Stored Value Account for the correct amount or if we do not complete the transaction on time according to our agreement with you according to these Terms, we will be liable for your losses or damages to the extent required by federal law, with some exceptions. For example, we will not be liable:

(1) If, through no fault of ours, you do not have enough money in your Stored Value Account balance to complete the transfer;

(2) If the information supplied by you which is needed to complete a transaction is incorrect;

(3) We have reason to believe that you did not authorize the transaction;

(4) If our system is not working properly and either you knew about the breakdown when you initiated the transaction or the problem is due to reasons that are beyond our reasonable control;

(5) If circumstances beyond our control (such as fire, flood, loss of Internet connection, payment network outage) prevent us from completing the transaction, despite reasonable precautions that we have taken;

(6) If the transaction is restricted by us, our processor, or a financial institution because of potentially unlawful or suspicious activity; or

(7) If your funds are subject to legal process which restricts them from being used or transferred.

There may be other exceptions stated in these Terms or provided by applicable law. The list of examples set out in this section is meant to illustrate circumstances under which we would not be liable for failing to make a transfer and is not intended to list all of the circumstances in which we would not be liable.

12. Limitation of Liability

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW, NEITHER WE NOR X PAYMENTS, NOR ANY OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER PARTIES WITH WHOM WE OR X PAYMENTS CONTRACT IN ORDER TO OFFER THE PAYMENT SERVICES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE PAYMENT SERVICES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING DAMAGES EMOTIONAL DISTRESS, RELIANCE ON OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PAYMENT SERVICES, EVEN IF FORESEEABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF CROSS RIVER BANK AND X PAYMENTS (AND THEIR RESPECTIVE AFFILIATES) ARISING OUT OF OR RELATING TO THESE TERMS OR THE PAYMENT SERVICES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.

THE LIMITATIONS OF LIABILITY IN THIS SECTION DO NOT AFFECT ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

13. Confidentiality

We may disclose information to third parties about your Stored Value Account or the transfers you make:

• Where it is necessary for completing transfers, or
• In order to verify the existence and condition of your Stored Value Account for a third party, such as a credit bureau or merchant, or
• In order to comply with government agency or court orders, or
• If you give us your written permission, or
• As permitted by law, or
• Otherwise in accordance with the Cross River Bank Privacy Notice and, to the extent applicable, the X Payments LLC US Consumer Privacy Notice presented to you at sign-up.

14. General Terms

Recovery of Funds. You authorize us to recover funds from you in accordance with these Terms and any other agreement you have with us, including if you owe amounts to us or for reason of fraud or illegal activity.

You authorize us to debit, charge, setoff against and otherwise recover funds from your Stored Value Account balance. If we are unable to recover the funds, we may attempt to contact you or may take other legal actions to collect the amounts due, to the extent allowed by applicable law.

We may also recover funds from your Stored Value Account in connection with a disputed transaction. For example, if another user that sent you money disputes the payment and requests reimbursement for a payment you previously received, we may recover the amount disputed or owed from your Stored Value Account balance.

If you do not have sufficient funds in your Stored Value Account to cover the disputed amount, you understand that our recovery of these funds may cause your Stored Value Account balance to become negative.

Abandoned Property. In accordance with our legal obligations under unclaimed property laws, in the event that your property is deemed abandoned, prior to escheating your property to the appropriate state or jurisdiction, we will attempt to notify you and provide you with an opportunity to retrieve your property. If you would like to claim your property once we have escheated it, please contact the applicable state’s unclaimed property administrator.

Business Day. For the purposes of these Terms, our “Business Days” are Monday through Friday, excluding federal government holidays.

Contact Us. If you have questions about the Payment Services or think a mistake has occurred in connection with the Payment Services, contact our service provider, X Payments, via Money customer support using your X Account; call X Payments at call 888-606-9669; or write to X Payments LLC, Attn: Customer Support, 1450 Page Mill Road, Palo Alto, California 94304. X Payments’ business hours are Business Days (Monday through Friday excluding federal holidays), 9 am to 5 pm CT.

Taxes. You are responsible for and agree to pay any applicable Taxes related to your use of the Payment Services. Depending on your location, we may be responsible for collecting and reporting information related to Taxes arising from your use of the Payment Services. You grant us, including our service providers, permission to provide your account and personal information to relevant tax authorities to fulfill our tax collection and reporting obligations.

You are also responsible for paying applicable Taxes, if any, due to taxing authorities arising from, or in connection with, your use of the Payment Services. We may deduct or withhold any Taxes that we may be legally obligated to deduct or withhold from any amounts payable to you, and payment to you as reduced by such deductions or withholdings will constitute full payment and settlement of the amounts payable under these Terms. As used above, “Taxes” means any income, stamp, sales, use, value-added, withholding tax or other taxes, duties, charges, fees, and deductions.

Severability. In the event that any provision of these Terms is held to be invalid or unenforceable (except Section 14(k)), then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision

Contact. These Terms are an agreement between you and Cross River Bank. If you have any questions about these Terms, please contact us as described above.

Governing Law and Dispute Resolution. These Terms and any dispute that arises between you and us will be governed by the laws of the State of New Jersey without regard for conflicts of law principles. All disputes arising out of or related to these Terms or our Payment Services must be brought exclusively in the state or federal courts located in New Jersey, and you consent to personal jurisdiction in those forums and waive any objection as to inconvenient forum. The choice of law and forum selection
provisions of this paragraph shall apply regardless of whether a dispute or any claims contained therein are based in contract, tort, statute, common law, or otherwise and shall apply to your dispute regardless of when the conduct relating to the dispute arose or occurred. The choice of law and forum shall also extend to disputes involving our U.S. corporate affiliates, who are intended third-party beneficiaries of this paragraph. Without prejudice to the foregoing, you agree that, in our sole discretion, we may bring any claim, cause of action, or dispute we have against you in any competent court in the country in which you reside that has jurisdiction and venue over the claim.

Class Action Waiver (Non-Arbitration). To the maximum extent permitted by law, you waive the right to participate as a plaintiff or class member in any purported class action, collective action, or representative action proceeding in court.

Arbitration Agreement. Read this Arbitration Agreement carefully. This Arbitration Agreement will have a substantial impact on the way you and we resolve any disputes related to or arising from the Terms or the Payment Services which you or we have against each other now or in the future, if you do not reject it. If the above forum section provision is deemed unenforceable or if either party otherwise elects, then, instead of litigation in a court, any Dispute that may arise between the parties related to or arising from the Terms or the Payment Services, you and we will resolve the dispute by binding arbitration. IF YOU OR WE ELECT TO ARBITRATE A DISPUTE, YOU AND WE WILL NOT HAVE THE RIGHT TO PURSUE THAT DISPUTE IN COURT OR HAVE A JURY DECIDE THE DISPUTE OR TO BRING OR PARTICIPATE IN A CLASS ACTION RELATING TO THAT DISPUTE. ALSO, YOUR AND OUR ABILITY TO OBTAIN INFORMATION FROM THE OTHER PARTY IS MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

You and we understand: (1) that once one of the parties has elected to arbitrate, binding arbitration is the exclusive method for resolving any and all Disputes; (2) that if the above forum selection provision is deemed unenforceable for any reason, then the parties will submit any Dispute to arbitration; and (3) that by entering into this Arbitration Agreement, the parties are waiving their right to a jury trial and their right to bring or participate in any class action, private attorney general action or other representative action in court or through arbitration.

Types of Claims Covered. “Dispute” shall have the broadest meaning possible. It includes any claim, dispute, or controversy between you and us that in any way arises from or relates to the Terms, the Payment Services, any advertisements, disclosures, applications, oral or written statements, electronic communications, or the relationships resulting from any of the foregoing. This includes disputes arising on or prior to the date of the Terms. As solely used in this Arbitration Agreement, the terms “we,” “us,” and “our” mean any of the following: (1) the Bank; (2) X Payments; (3) any subsequent holder of this account; (4) all of the parent companies, subsidiaries, directors, officers, employees, principals, agents, successors, assigns, vendors, or present or future affiliated companies of those persons listed in clauses (1) through (3) of this sentence; and (4) any other persons who may be liable with those persons listed in clauses (1) through (4) of this sentence. Dispute includes initial claims, counterclaims, cross-claims, and third-party claims. It includes disputes based upon contract, negligence, fraud and other intentional torts, constitution, statute, regulation, ordinance, federal and state law, common law, and equity (including any claim for individual injunctive or declaratory relief). Dispute also includes the existence, applicability, enforceability, or scope of this Arbitration Agreement (including whether a dispute is arbitrable), except that it does not include the enforceability of the Class Action Waiver (Arbitration), which is only for a court to decide.

Excluded Disputes. Notwithstanding any other provision of this Arbitration Agreement to the contrary, the parties retain the right to seek relief in a small claims court for Disputes within the scope of that court’s jurisdiction. In the event that such a claim is later amended to seek class or other representative relief, is removed or appealed to another court, or a larger amount is sought, the parties shall at such time be permitted to require arbitration. Additionally, both parties retain the right to exercise self-help remedies (i.e., those that do not involve a court) including but not limited to set-off and recoupment. However, you retain the right to file an individual lawsuit to prevent Bank from using any such self-help remedy or to assert a claim directly related to the use of any such self-help remedy, so long as such lawsuit is on a single-plaintiff basis and does not involve a request for monetary relief of any kind.

Choosing the Arbitration Organization. The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or JAMS. The arbitration shall be conducted by a neutral arbitrator in accordance with the AAA’s then-current Consumer Arbitration Rules and procedures (collectively, “the "AAA Rules”), or according to the then-current rules and procedures of JAMS, as applicable.

For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer. Information on JAMS can be found here, http://www.jamsadr.com.

If there is any inconsistency between any term of the AAA Rules (or JAMS rules, as applicable) and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of the Agreement as a court would.

Location and Costs of Arbitration. Unless the parties to the arbitration agree otherwise, any arbitration hearings will take place where applicable law requires, or if there is no such law, either in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances as determined by the rules of the arbitration organization or by the arbitrator or at some other place you request, if we agree. If a hearing is necessary as determined by the arbitration organization and/or the arbitrator, it may be conducted by telephone or by video, if the parties have such capabilities.

If we (or any assign) elect arbitration, we (or the assign, as the case may be) shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules; however, in no event will you be required to pay more arbitration fees than an amount equal to the fee had you filed a complaint against us in court. However, if you tell us in writing that you cannot afford to pay the fees charged by the arbitration organization/arbitrator and that you were unable to obtain a waiver of fees from the arbitration organization/arbitrator, and if your request is reasonable and in good faith, we will pay or reimburse you for all or part of the fees charged to you by the arbitration organization/arbitrator. The fee schedule provided in the rules for consumer disputes by the particular arbitration organization, if any, will apply. We (or the assign, as the case may be) shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we (or the assign) pay them and we agree (or the assign agrees) to do so. Each party shall bear the expense of its own attorneys, experts, and witnesses, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.

Class Action Waiver (ARBITRATION). IF YOU OR WE ELECT TO ARBITRATE A DISPUTE: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS A PLAINTIFF, DEFENDANT, OR CLASS MEMBER; (2) NEITHER YOU NOR WE MAY ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN AN ARBITRATION; AND (3) THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION, OR OTHER REPRESENTATIVE ARBITRATION. MOREOVER, ABSENT THE WRITTEN CONSENT OF ALL PARTIES, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO JOIN OR CONSOLIDATE A DISPUTE WITH DISPUTES OF ANY OTHER PERSON OR ENTITY. An arbitration award shall determine the rights and obligations of the named parties only, and only with respect to the Dispute(s) in arbitration. NOTWITHSTANDING ANYTHING ELSE HEREIN, THE ENFORCEABILITY OF THIS CLASS ACTION WAIVER SHALL BE DETERMINED BY A COURT. No arbitration administrator or arbitrator shall have the power or authority to waive or modify this section, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable.

The Federal Arbitration Act Governs. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the FAA to the fullest extent possible, notwithstanding anything else herein or any state law to the contrary. To the extent that it is found that the FAA does not apply to this Arbitration Agreement, in whole or in part, and any appeal of that finding has been exhausted, then this Arbitration Agreement shall be governed, to the extent the FAA is found not to apply, by any applicable state arbitration law.

Arbitrator’s Authority and Award. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law. The arbitrator may award damages or other types of relief permitted by applicable substantive law that would apply in an single-plaintiff lawsuit including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the single plaintiff seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim), subject to the limitations set forth in this Arbitration Agreement. Any finding, award or judgment from an arbitration of any Dispute shall apply only to that arbitration. At the request of either party, the arbitrator shall prepare a written decision stating reasoned findings of fact and conclusions of law. A party may enter judgment on the award in any court of competent jurisdiction. The arbitrator’s award shall be final and binding on all parties. Notwithstanding any language in this Arbitration Agreement to the contrary, the parties maintain all rights to appeal provided by the FAA. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.

Severability. If any portion of this Arbitration Agreement in this Section 14(k) is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force, except that, if a determination is made that the Class Action Waiver (Arbitration) is unenforceable, and that determination is not reversed on appeal, then the Arbitration Agreement shall be void in its entirety. Notwithstanding the foregoing, if a court determines that the Class Action Waiver (Arbitration) is unenforceable as to a particular claim or request for relief, and that determination is not reversed on appeal, then the parties agree that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims and requests for relief. The parties acknowledge and agree that under no circumstances will a class action or a request for the remedy of public injunctive relief be arbitrated.

No Waiver. Even if all parties have opted to litigate a Dispute in court, you or we may elect arbitration with respect to any Disputes made by a new party or any Dispute later asserted by a party in that or any related or unrelated lawsuit (including a Dispute initially asserted on an individual basis but modified to be asserted on a class, representative, or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Agreement.

Binding Effect of Arbitration Agreement. This Arbitration Agreement shall survive any satisfaction, rescission, or termination of the Agreement and/or any other related agreement, any judgment awarded to either of us, and any bankruptcy by you (to the extent permitted by applicable bankruptcy law).

Amendments. Notwithstanding anything to the contrary herein or in another agreement between you and us, the Arbitration Agreement may be amended by us only upon a 15-day notice to you. The 15-day time period will begin to run on the date we put such notice in the mail or the date we send you such notice by electronic communication. However, any such amended agreement shall not apply to any claim that has already been filed, has accrued, or of which we otherwise have knowledge as of the effective date of that amended agreement.

Right to Reject Arbitration Agreement. You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt-out notice to Cross River Bank, c/o X Payments LLC 1450 Page Mill Road, Palo Alto, California, Attn: Arbitration Opt Out, only if received at the specified address within thirty (30) days of the date of your acceptance of the terms of this Agreement. The opt-out notice must clearly state that you are rejecting arbitration; identify the agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send the opt-out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt-out of this Arbitration Provision. If the opt-out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt-out notice on your behalf.

THIS ARBITRATION AGREEMENT MAY BE ENFORCED BY THE PARTIES. IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, REJECT THE ARBITRATION AGREEMENT AS SET FORTH ABOVE.

Disputes addressed to X Payments. All disputes addressed to X Payments arising out of or related to these Terms or Payment Services must be brought exclusively in the state or federal courts located in Tarrant or Wichita County, Texas, and you consent to personal jurisdiction in those forums and waive any objection as to inconvenient forum. The choice of law and forum selection provisions of this paragraph shall apply regardless of whether a dispute or any claims contained therein are based in contract, tort, statute, common law, or otherwise and shall apply to your dispute regardless of when the conduct relating to the dispute arose or occurred. The choice of law and forum shall also extend to disputes involving X Payments’ U.S. corporate affiliates, who are intended third-party beneficiaries of this paragraph. Without prejudice to the foregoing, you agree that, in X Payments sole discretion, X Payments may bring any claim, cause of action, or dispute X Payments have against you in any competent court in the country in which you reside that has jurisdiction and venue over the claim.

For any arbitration demand addressed to X Payments, such arbitration shall be conducted exclusively in Fort Worth, Texas and solely on an individual basis, and not as a class, collective, or representative action. The arbitrator shall be a retired Texas federal or state court judge and shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, including any claim that all or part of this provision is void or voidable. The arbitration shall be administered by New Era ADR under its rules then in effect, except as modified by this provision. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. shall govern the interpretation, enforcement, and proceedings under this arbitration provision. Pre-arbitration discovery will be permitted only as allowed by applicable arbitration rules. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. To begin arbitration, you or X Payments must send a written demand to the other party and to New Era ADR. You and X Payments agree to attempt informal resolution of any dispute for at least thirty (30) days before filing a demand. Each party shall bear its own costs and attorneys' fees, and to the extent permitted by law, each party shall pay half of the costs of the arbitration. All arbitration proceedings, including any award or decision, shall be kept confidential except as required by law or to enforce the award. If any portion of this arbitration provision is deemed unenforceable, the remainder shall remain in full force and effect, and the unenforceable portion shall be severed and replaced with a provision that most closely reflects the original intent while remaining enforceable.

Statute of Limitations. To the extent permitted by applicable law, you agree that you must initiate any proceeding or action asserting a federal claim within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute that is arising out of or related to these Terms or the Payment Services. You agree that you must initiate any proceeding or action asserting a state law claim within two (2) years of the date of the occurrence of the event or facts giving rise to a dispute that is arising out of or related to these Terms or the Payment Services. Otherwise, to the extent permitted by applicable law, you forever waive the right to pursue any claim or cause of action, of any kind or character, based on such events or facts, and such claims or causes of action are permanently barred. In the event any of the limitations periods set forth in this paragraph is deemed unenforceable, then you agree to the minimum limitations period that parties may contractually agree to under applicable law.

Appendix 1

Money Stored Value Account Short Form Disclosure

Appendix 2

Money Stored Value Account Long Form Disclosure

This Money Stored Value Account Long Form Disclosure sets forth all of the fees for this prepaid account program.

Your funds will be held at Cross River Bank, an FDIC insured institution. Funds in your Stored Value Account are FDIC insured up to $250,000 by the FDIC in the event Cross River Bank fails, if specific deposit insurance requirements are met. For details, visit fdic.gov/deposit/deposits/prepaid.html.

No overdraft/credit feature.

For customer service, contact X Payments, which provides customer support on our behalf as our service provider by calling 888-606-9669 or by mail at 1450 Page Mill Road, Palo Alto, California 94304, or by visiting money.x.com/forms.

For general information about prepaid accounts, visit cfpb.gov/prepaid.

If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.

Appendix 3

𝕏 Money Interest Addendum

This Money Interest Addendum (“Addendum”) supplements and is subject to the X Payments Terms of Service (“Terms”) and provides terms applicable to the Money Interest feature of the Payment Services. By accepting the Terms, you also accept this Addendum. Unless otherwise specified, defined terms used in this Addendum have the same meaning as specified in the Terms. This Addendum shall prevail over any conflict or inconsistency with the Terms, but only in relation to interest payment.

Interest Accrual and Payment.

Interest will accrue daily on funds held in your Stored Value Account for the full calendar days for that month. Interest begins to accrue no later than the Business Day we receive credit for the deposit of noncash items.

While there is no minimum balance requirement for Money Interest, the minimum monthly interest payment amount is $0.01. If your balance does not earn at least $0.01 in interest during the course of a month, you will not receive any interest for that month. Interest payments will be credited monthly and reflected in the statements you receive for your Stored Value Account, which such statements shall also include the APY earned, interest earned, fees imposed, and the length of the statement period. Interest is calculated by using the daily balance method, which means applying a daily periodic rate to the principal and accrued interest in your Stored Value Account every day. You may view the current interest rate and Annual Percentage Yield (“APY”) we offer here. We may change the interest rate at any time.

Tax Reporting and Withholding.

Federal law requires that we report the interest you’ve earned. We will issue you an applicable 1099 Form annually. You can find your 1099 in the Documents page of your X Account settings. We may be required to withhold U.S. federal income tax at the prevailing rate on all taxable distributions payable to you in some instances.

Adjustments.

We may make adjustments to your Stored Value Account to reflect any corrections or changes to your Stored Value Account balance or interest paid. You agree to reimburse us if an error or other event has caused an overstated amount.

We may terminate your enrollment in and use of the Money Interest feature or discontinue the Money Interest feature (in whole or in part), although you will be entitled to retain any interest that has accrued on your Stored Value Account balance prior to such termination or discontinuation. We also may change the existing requirements or add additional requirements that you must meet in order to enroll or continue your use of the Money Interest feature. If you do not meet the changed or additional requirements, then we may terminate your enrollment in the Money Interest feature.

Appendix 4

ICS Omni Deposit Placement Sweep Program Terms and Conditions

I. Overview

Cross River Bank (your “Relationship Institution,” “RI”, or “Bank”), with X Payments LLC (“X Payments”) as program manager for the 𝕏 Money Stored Value Account program (the “Stored Value Program”) offered by X Payments and the Bank, offers to you placement of your funds through the ICS® Omni sweep program (the “Sweep Program”). These Terms and Conditions (“Terms”) govern your participation in the Sweep Program. Under the Sweep Program, Bank will, as your agent and custodian, place your funds through the Sweep Program into a Sweep Program Account (as defined below) at one or more FDIC-insured banks (each a “Destination Institution” or “DI”). Although the Sweep Program is designed so that no more than $250,000 of your funds will be placed at any single Destination Institution, there is no guarantee that the Sweep Program will achieve that objective. You acknowledge and agree that, notwithstanding anything in these Terms to the contrary, your funds placed in the Sweep Program at any Destination Institution may exceed $250,000 and thus the amount exceeding $250,000 may be uninsured. Such an excess generally will arise only when you already hold other deposits, outside the Sweep Program, at a DI that receives your Sweep Program funds, because FDIC insurance applies to the aggregate of all deposits you hold at a single institution in the same ownership capacity. In no event will the Bank be liable to you or any third party if any of your deposits placed in the Sweep Program are ineligible for FDIC deposit insurance. The Sweep Program is a program within the IntraFi Cash Service® (“ICS”) operated by IntraFi LLC (“IntraFi”). This document explains how the Sweep Program works and includes important details related to your participation in the Sweep Program. Please read it carefully.

X PAYMENTS LLC IS NOT AN FDIC-INSURED BANK, AND DEPOSIT INSURANCE COVERS THE FAILURE OF AN INSURED BANK. A LIST IDENTIFYING INTRAFI NETWORK BANKS WHERE YOUR FUNDS MAY BE HELD (INCLUDING EACH DESTINATION INSTITUTION) (“BANK LIST”) IS FOUND HERE. BANKS MAY BE ADDED OR REMOVED WITHOUT NOTICE. CERTAIN CONDITIONS MUST BE SATISFIED FOR PASS-THROUGH FDIC DEPOSIT INSURANCE COVERAGE TO APPLY.

II. Placement of Your Funds through the Sweep Program

Under the Stored Value Program, Bank will act as your agent and custodian with respect to the Sweep Program, including with respect to placing and withdrawing your funds into and out of the Sweep Program and with respect to holding your funds in deposit accounts at DIs (“Sweep Program Accounts”). Bank has engaged IntraFi to act as the administrator of the Sweep Program and to provide administrative services to Bank in relation to the Sweep Program. The Bank of New York Mellon provides services that support deposit placement through the Sweep Program, including acting as Bank’s sub-custodian and recordkeeper. If and when sent into the Sweep Program, your funds will be placed at FDIC-insured DIs in the manner described below.

Your Funds at the RI. In connection with the Stored Value Program, Bank has established an omnibus deposit account for the benefit of X Payments’ customers, including you, at Bank (your “Root Account”). Your funds will be held in the Root Account or placed, in whole or in part, with Destination Institution(s) through the Sweep Program. Bank (or its agent) will maintain books and records reflecting your ownership of funds in the Root Account and in Sweep Program Accounts. Your funds in the Root Account at the RI and in Sweep Program Accounts at each Destination Institution will be aggregated with other deposits you hold at the RI or Destination Institution, as applicable, in the same legal ownership category for purposes of coverage up to the FDIC’s standard maximum deposit insurance amount (“SMDIA”) of $250,000. Agent and Custodian. Bank will act as your agent and custodian to facilitate the placement of your funds at DIs. For purposes of applicable FDIC regulations regarding “pass-through” FDIC deposit insurance coverage (e.g., 12 C.F.R. §§ 330.5, 330.7), Bank will act as your “fiduciary” in such roles. You authorize Bank to submit orders to IntraFi from time to time for the placement of some or all of your funds from the Root Account at the RI to the Sweep Program Accounts at the DIs under the Sweep Program in Bank’s sole discretion. The Sweep Program is designed so that funds transferred from your Root Account at the RI to the Sweep Program Accounts at the DIs under the Sweep Program (collectively, “Sweep Program Deposits”) are held and maintained in amounts not exceeding the then-current SMDIA at each DI; however, there is no guarantee that the Sweep Program will achieve such objective, and you agree and acknowledge that, notwithstanding anything in these Terms to the contrary, your funds may exceed the SMDIA at the RI or at any DI and, thus, the funds exceeding the SMDIA will be ineligible for FDIC deposit insurance coverage, and Bank will have no liability to you or any third party in connection therewith.

Placement of Your funds. Same-day deposit cutoff time into your Root Account at the Bank is 12PM EST (or daylight savings time, as applicable). If funds are deposited at the Bank after this time, they will be eligible to be placed in the Sweep Program the next business day.

When your funds are placed in the Sweep Program, they will be transferred from the Root Account at the Bank into Sweep Program Accounts at one or more DIs. The Sweep Program Accounts at DIs will be demand deposit accounts. If you maintain funds outside of the Sweep Program at a DI, your funds held at such DI through the Sweep Program will be aggregated with any other funds of yours held at the DI in the same insurable capacity for purposes of eligibility for pass-through FDIC insurance, and thus may exceed the SMDIA and will be uninsured to the extent of such excess.

Bank and X Payments as Stored Value Program manager may limit the maximum amount of your funds that may be eligible for placement in the Sweep Program (the “Sweep Program Limit”). The Sweep Program Limit may change at any time, depending on factors such as the number of DIs in the Sweep Program. IntraFi and Bank may receive fees in connection with the Sweep Program.

Deposits Obligation of DIs. Each DI that receives your funds is an FDIC-insured depository institution whose deposits are eligible for FDIC insurance up to the then-applicable SMDIA.Your funds placed at a DI through the Sweep Program are deposits that are solely obligations of the DI; they are not an obligation of the RI, IntraFi, X Payments, or any other entity. Ownership of funds in Sweep Accounts will be evidenced by the account records at each DI, account records of Bank, and by records maintained by X Payments as program manager for the Stored Value Program in accordance with Section III.

NO EXCLUSIONS. YOU CANNOT EXCLUDE ANY DI FROM RECEIVING YOUR FUNDS; YOUR FUNDS MAY BE ALLOCATED TO ANY DI ON THE BANK LIST. ALLOCATIONS OF YOUR FUNDS AT DIS MAY CHANGE EACH BUSINESS DAY.

Withdrawal of Funds. When you withdraw funds from your Root Account at the Bank, depending upon the amount of the withdrawal and your fund balances at the RI and at DIs, the Bank may withdraw funds from the Sweep Program. Withdrawal instructions received by the Bank before 12PM ET will settle the same day, and those received after 12PM ET will settle the next business day. You cannot withdraw funds directly from a DI. Once your funds have been withdrawn from a DI through the Sweep Program and returned to the Root Account at the RI, they will be eligible for insurance up to amount of the SMDIA ($250,000) at the Bank. For more details, please refer to Section IX.

Allocation Considerations. Allocation of funds into and within the Sweep Program takes place each business day. The set of DIs to which your funds may be allocated each business day, and the amount allocated to each DI, may differ from a previous business day’s allocation. The allocation process is subject to applicable law and may be affected by RI’s objectives, and IntraFi’s objectives. You agree and acknowledge that allocations into and within the Sweep Program are in the sole and absolute discretion of Bank and made pursuant to IntraFi’s ICS allocation process, and there is no obligation on Bank to place or allocate funds into or within the Sweep Program to ensure all your funds are eligible for FDIC insurance or to maximize the interest that your funds may earn.

III. Recordkeeping

Certain conditions must be satisfied for “pass-through” FDIC deposit insurance coverage to apply. Bank makes no guarantees, representations or warranties regarding the applicability of pass-through FDIC deposit insurance coverage, and Bank will have no responsibility or liability to you or any other person as to the pass-through of deposit insurance. Records that X Payments maintains on behalf of RI and IntraFi, reflecting ownership of your funds placed through the Sweep Program at each DI pursuant to 12 C.F.R. §330, will be used to establish your eligibility for deposit insurance coverage at each DI. Accordingly, you must immediately let us know of any changes in ownership information, if there are any changes, so that there will be accurate information to provide to the FDIC in the event that a DI fails. The FDIC could also require you to provide additional documentation in the event that a DI fails.

IntraFi will periodically provide information to the RI, and the RI will periodically provide records to IntraFi, to test transmission of the records in the required form if a DI were to fail.

IV. FDIC Insurance Considerations

Funds Held at RI. Funds held in the Root Account will be eligible for FDIC insurance up to the amount of the SMDIA for each depositor who holds funds in the Root Account. All deposits of yours at the RI in the same legal ownership capacity (whether held prior to placement, after withdrawal, or in another capacity outside of the Sweep Program) will be aggregated for purposes of the SMDIA limit of $250,000.

Funds Held at DIs. All your deposits held at a DI in the same legal ownership capacity (including funds placed through the Sweep Program and any funds you have otherwise deposited at a DI) will be aggregated for purposes of the SMDIA limit of $250,000. If you have funds on deposit at a DI independently from the Sweep Program, and the DI also receives your funds through the Sweep Program, you may have an amount at the DI in excess of the SMDIA. The amount of funds you have in excess of the SMDIA will not be eligible for FDIC insurance. A deposit of yours placed through the Sweep Program will not be eligible for FDIC insurance coverage at a DI before it is deposited at the DI or after it is withdrawn from the DI.

Failure Considerations. If a DI holding your funds were to fail, the FDIC is generally required by law to pay each insured deposit “as soon as possible,” either by cash payment or by transferring the deposit to another insured depository institution. IT IS POSSIBLE, HOWEVER, THAT A DEPOSIT INSURANCE PAYMENT COULD BE DELAYED, AND WE ARE NOT RESPONSIBLE FOR ANY DELAYS IN DEPOSIT INSURANCE PAYMENTS. No person or entity will be obligated to advance funds to you with respect to a deposit insurance payment or to make any payment to you in satisfaction of a loss you might incur because of a delay in a deposit insurance payment.

If a DI at which your deposits are placed through the Sweep Program fails, the FDIC may transfer the deposits to another insured depository institution. In this case, you will generally maintain access to your funds in the normal course of business.

If the DI at which your deposits are placed through the Sweep Program fails, and the FDIC does not transfer deposits that include your funds to another insured depository institution but instead decides to make a deposit insurance cash payment, the RI will cause a deposit insurance claim for your funds to be filed with the FDIC. Information including customer-identification information, necessary to verify you as the depositor of record may be provided to the FDIC. RI will credit the proceeds of the deposit insurance claim, subject to any valid security interest, to you. For deposit insurance cash payments, the FDIC has a legal obligation to pay the principal amount plus unpaid accrued interest as of the date of closing of the DI, subject to the SMDIA limit.

In connection with the failure of a DI, we may ask you to provide additional information to be provided to the FDIC. If we make such a request, you must promptly respond to avoid additional delay.

More Information. If you’d like to learn more about FDIC deposit insurance in general (coverage limits, what’s insured or not, etc.), you can visit the FDIC’s website at www.fdic.gov or contact the FDIC directly.

V. Interest Rates; Fees; Account Statements

Interest. You will earn interest on funds placed through the Sweep Program as disclosed in Money Stored Value Program Terms of Service and on your periodic account statement. RI will credit interest to your Root Account monthly. Rates are variable and may change at any time. Interest compounds daily.

Fees. YOU OWE NO FEES WITH RESPECT TO PLACEMENT OF YOUR FUNDS THROUGH THE SWEEP PROGRAM. The RI or IntraFi may receive fees from DIs participating in the Sweep Program, and the RI may receive or pay fees in connection with participating in the Sweep Program. These arrangements do not affect your ownership of, or eligibility for deposit insurance on, funds placed through the Sweep Program.

Account Statements. X Payments will provide you with account statements. Each statement will display the balance, interest and APY earned.

VI. Confidentiality, Information Sharing, and Privacy

By participating in the Sweep Program, you authorize the RI and IntraFi to share your personal information with each other and with each DI. You also authorize the RI to periodically share certain information of yours with IntraFi for the purpose of testing data transmissions that would be required in the case of the failure of a DI (“Testing Information”). IntraFi will delete testing information it receives within five business days of completing testing with the RI.

In the case of the failure of a DI, the RI may share your personal information with IntraFi, the failed DI, and the FDIC in connection with submitting a deposit insurance claim on your behalf. We will not otherwise share your personal information in connection with the Sweep Program unless we are required to do so under applicable law.

VII. Right to Request Sweep Balance Information

You have the right to request, no more than once per calendar month, a statement of your individual balances held at each of the Destination Institution. You must submit a written or electronic request to 𝕏 Money Customer Support via https://money.x.com/en/forms using your X account, calling 888-606-9669 or writing to: X Payments LLC, Attn: Customer Support, 1450 Page Mill Road, Palo Alto, California 94304. Requests shall be deemed received as of the date such request is submitted through an authorized channel.

Upon receipt of a valid request, X Payments shall use commercially reasonable efforts to provide the Customer with their individual balance information at each Destination Institution within fifteen (15) business days of receipt of such request. The balance information provided pursuant to this Section shall reflect balances as of the most recent date reasonably available to X Payments at the time of processing and shall not constitute a guarantee of real-time or intra-day accuracy. Nothing in this Section shall be construed to limit any rights you may have under applicable federal or state law to obtain account information, including but not limited to rights under the Electronic Fund Transfer Act or Regulation E.

VIII. Opt Out Right

Right to Opt Out. You may elect to opt out of the Sweeps Program at any time by providing written notice in accordance with the procedures set forth by X Payments. Upon receipt and processing of your opt-out request, your participation in the Sweeps Program shall be terminated. You may continue to maintain and use your account; provided, however, that all funds in your account shall be held solely at Cross River and shall not be swept to any Destination Institutions.

FDIC Insurance Limitation. You acknowledge and agree that, upon opting out of the Sweeps Program, your deposits shall be eligible for FDIC insurance coverage only up to the standard maximum deposit insurance amount, which is currently $250,000 per Tax Identification Number (TIN), per insured bank, for individual and business accounts, or up to $500,000 for joint accounts (based on $250,000 per co- owner TIN, per insured bank). Business entity deposits identified by a unique Employer Identification Number (EIN/TIN) are insured separately from the personal accounts of the business owners up to $250,000 per entity TIN, per insured bank; however, sole proprietorship deposits are combined with the owner's individual accounts under the same TIN. Any funds held in your account(s) in excess of the applicable FDIC insurance limits for your ownership category shall not be covered by FDIC insurance. By opting out of the Sweeps Program, you assume all risk associated with uninsured deposits exceeding the applicable FDIC insurance limits.

Right to Re-Enroll. You may elect to re-enroll in the Sweeps Program at any time, subject to X Payment's eligibility requirements and enrollment procedures. Re-enrollment shall not be effective until confirmed by X Payments LLC in writing.

IX. WITHDRAWAL AND TRANSFER PROCESSING

Withdrawal and transfer requests are subject to available liquidity and processing times. While X Payments and Cross River Bank endeavor to process withdrawal and transfer requests within one (1) business day, actual processing times may exceed one (1) business day due to, without limitation, network availability issues, system outages, scheduled or unscheduled maintenance, disruptions to third-party payment networks, bank holidays, force majeure events, or other circumstances beyond the reasonable control of X Payments or Cross River Bank. Withdrawals of funds held at network banks through the deposit placement program may take more than one (1) business day. Withdrawal and transfer requests submitted after 11:00 AM ET on a business day may not be processed until the following business day. In the event of unusually high withdrawal demand across the program, Cross River Bank reserves the right to process withdrawal requests in the order received, which may result in processing delays beyond one (1) business day. Cross River Bank will use commercially reasonable efforts to process all withdrawal requests as promptly as possible.

Neither X Payments nor Cross River Bank shall be liable for any losses, damages, or costs arising from delays in processing withdrawals or transfers caused by the circumstances described in this Section, except to the extent such delays result from gross negligence or willful misconduct. X Payments shall make commercially reasonable efforts to notify Customers of any known service disruptions or network outages that may materially affect withdrawal or transfer processing times.

X. Tax Reporting and Withholding

Interest that you earn on funds placed through the Sweep Program will be subject to the same tax reporting and withholding rules as interest earned on any bank deposit. The interest income you earn on deposits placed through the Sweep Program will be reported to you and to the IRS (and any applicable state tax authority), typically on a Form 1099-INT, that X Payments will provide to you on behalf of Bank after the end of the year. Even though your funds will be deposited at multiple DIs, you will receive a single consolidated tax reporting form issued by Bank showing the total interest you earned on your deposits.

XI. Indemnification; Limitation of Liability

You agree to indemnify, defend and hold your RI (Bank), IntraFi, and the DIs (and their respective affiliates) harmless from all actions, claims, liabilities, losses, costs, attorneys’ fees, and damages associated with their compliance with any process that such party believes reasonably and in good faith to be valid. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOUR RELATIONSHIP INSTITUTION (BANK) OR INTRAFI (OR THEIR RESPECTIVE AFFILIATES) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE INCURRED OR ALLEGEDLY INCURRED IN CONNECTION WITH THE SWEEP PROGRAM OR UNDER THESE TERMS ARISING, DIRECTLY OR INDIRECTLY FROM, (I) YOUR NEGLIGENCE, (II) ANY FORCE MAJEURE EVENT, (III) THE FINANCIAL CONDITION OF ANY DESTINATION INSTITUTION OR THE ACCURACY OF ANY PUBLICLY AVAILABLE INFORMATION ABOUT A DESTINATION INSTITUTION (IV) ANY DELAY IN INSURANCE PAYMENT BY THE FDIC, OR (V) YOUR FUNDS BEING INELIGIBLE FOR FDIC DEPOSIT INSURANCE (WHETHER AS A RESULT OF EXCEEDING THE SMDIA, THE CONDITIONS FOR “PASS-THROUGH” FDIC DEPOSIT INSURANCE COVERAGE NOT BEING SATISFIED, OR OTHERWISE). WITHOUT LIMITING THE FOREGOING, YOUR RELATIONSHIP INSTITUTION (AND ITS AFFILIATES) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE LOSSES OR DAMAGES OF ANY KIND OR NATURE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL OR BUSINESS INTERRUPTION. ANY DIRECT DAMAGES THAT CANNOT BE EXCLUDED BY APPLICABLE LAW SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE LIMITED TO THOSE CAUSED ONLY BY YOUR RELATIONSHIP INSTITUTION’S GROSS NEGLIGENCE, FRAUD OR WILFUL MISCONDUCT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTRAFI OR ANY DESTINATION INSTITUTION (OR ANY OF THE FOREGOING PARTIES’ RESPECTIVE AFFILIATES) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSSES OR DAMAGES (DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE OF ANY KIND OR NATURE, WHETHER SUCH LOSSES OR DAMAGES ARE ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL OR BUSINESS INTERRUPTION) FOR ANY REASON.

XII. Other Provisions

Amendment. Your RI may amend these Terms at any time by providing you with notice of such amendment. Such amendment shall be effective immediately upon your RI providing such notice. Such notice may be provided to you by any written (including electronic) means, including by printed letter, email message, or by posting on the Money Section of the X Platform.

Assignment. You may not assign these Terms, in whole or in part, to any other person, without your RI’s prior written consent (and any purported assignment in violation of this provision is void). If there is a change in ownership of the Root Account held with your RI that is linked to your participation in the Sweep Program above, these Terms will be assigned to that new permitted owner on and from the effective date of that change of ownership.

Disputes. EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY APPLICABLE LAW, ANY DISPUTES ARISING OUT OF OR IN CONNECTION WITH THE SWEEP PROGRAM OR THESE TERMS SHALL BE GOVERNED BY THE TERMS AND CONDITIONS OF THE AGREEMENT(S) THAT GOVERN YOUR STORED VALUE ACCOUNT AT CROSS RIVER BANK, WITH X PAYMENTS AS A PROGRAM MANAGER, INCLUDING THE DISPUTE RESOLUTION TERMS, CHOICE OF LAW, WAIVER OF JURY TRIAL, AND COSTS RELATED TO DISPUTE RESOLUTIONS, IF ANY.

Governing Law. These Terms will be governed by the laws of the State of New York. To the extent permitted by law, you waive the right to participate as a plaintiff or class member in any purported class action, collective action, or representative action proceeding. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.