Terms – Echo Spend

ECHO SPEND PREPAID CARD TERMS AND CONDITIONS

This website, along with any associated websites, mobile sites, and mobile applications (collectively referred to as the “Website”), is operated by Echo Spend (“us/we/our”). We offer various branded cards (“Card”) and all related information, products, and services available from this Website, conditioned upon your acceptance of these terms, conditions, policies, and notices stated herein. YOUR CONTINUED USE OF THE CARD OR THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE. If you do not agree to these Terms of Use, please do not use this Website or the Card.

THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.

NOTICE OF ARBITRATION: THESE TERMS AND USE OF THE CARD REQUIRE YOU TO SUBMIT MOST DISPUTES TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE CARD, THIS WEBSITE, THESE TERMS OF USE, OR OUR PRIVACY POLICIES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT, EXCEPT FOR SMALL CLAIMS COURT. MORE INFORMATION ABOUT ARBITRATION IS SET FORTH BELOW.

YOU MAY NOT ORDER OR OBTAIN THE CARD OR ANY OTHER PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS, OR SERVICES BY APPLICABLE LAW. YOU SHALL NOT USE THE CARD FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS.

Definitions

The Card is a closed-loop prepaid card, only available for use at merchants that choose to accept Echo Spend Cards. This Card and the funds loaded onto it are not associated with any card network and are not part of any debit network.

In these Terms and Conditions, the following terms shall have the meanings set forth below:

“Card” means all Echo Spend prepaid cards issued to you, whether in virtual or physical form.
“You” and “Your” mean the person who has applied for and/or is authorized to use the Card.
“We,” “Us,” and “Our” mean Echo Spend, the issuer of the Card.

Card Issuance

You are opening a prepaid card account with us. A physical card can be requested via the Echo Spend website at no cost. You must be at least 18 years of age and a resident of the United States to apply for and use the Card. By applying for and using the Card, you agree to be bound by these Terms and Conditions.

Loading Funds

You may load funds onto the Card at any authorized Echo Spend location or via any other method made available by us. The minimum amount that can be loaded onto the Card at any one time is $10, and the maximum is $1,000. We may change these limits at our discretion. A fee may be charged for loading funds onto the Card, as set forth in the Fees section below. All fund loads and transfers must be legal in the state in which the transaction is taking place. We do not allow any illegal activity on our network, and the Card may not be used to circumvent any laws.

Using the Card

The Card can be used for purchases at any merchant that has chosen to offer Echo Spend. The Card cannot be used for cash withdrawals, cash advances, or any illegal transactions. You are responsible for all transactions made with the Card, whether or not you authorize them. The Card and the funds loaded onto the Card are not associated with any card network and are not part of any debit network.

Fees

The following fees may apply to your Card:

Activation Fee: A maximum one-time fee of $9.00 will be charged when you activate the Card. The maximum per item fee for any single transaction or service is $9.00. The maximum discount applied is 9.99%.

Card Expiration

The Card will expire 10 years from the issued date.

Lost or Stolen Cards

If your Card is lost or stolen, you must report it to us immediately by calling our customer service number. You will be liable for all unauthorized transactions made with the Card until you report it as lost or stolen. A fee may be charged for replacing a lost or stolen Card.

Privacy

We will use and protect your personal information in accordance with our Privacy Policy, which is available on our website.

Arbitration

Any dispute or claim arising out of or relating to these Terms and Conditions or the Card will be resolved by arbitration, rather than in court. The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including its Supplementary Procedures for Consumer-Related Disputes. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Trademarks

“Echo Spend” is a trademark of Echo Spend and may not be used without our express written consent.

Errors or Questions

If you think there is an error involving a transaction made with your Card, such as a purchase you didn’t make or an incorrect amount charged to your Card, e-mail us at support@echospend.com.

If you tell us orally, we may require that you send your claim or question in writing within 10 business days.

We must hear from you no later than 60 days after the transaction is posted to your account. Tell us your name and Card number. Describe the error or the transaction 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.

Generally, we will tell you the results of our investigation within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have use of the money during the time it takes 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 account. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Amendment of Terms

We may change these Terms and Conditions at any time without notice to you, except as required by law. Any changes will be effective immediately upon posting on our website. By continuing to use the Card after any changes are posted, you agree to those changes.

We strive to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of DC, without regard to its conflict of laws principles.

Binding Arbitration Agreement and Class-Action Waiver

14.1 Arbitration Agreement

Except as otherwise stated below, any claim or dispute between you and us arising out of or relating in any way to the Card, this Website, or our products or services shall be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a breach of contract, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Both you and we specifically acknowledge and agree to waive your right to bring a lawsuit based on such claim(s) or dispute(s) and your right to have such lawsuit resolved by a judge or a jury.

This Arbitration Agreement shall be governed by the Federal Arbitration Act, (9 U.S.C. § 1 et seq.). Any arbitration will be commenced and administered by JAMS under the rules of JAMS, including JAMS Consumer Arbitration Minimum Standards. Provided JAMS’ criteria are met by the nature of the dispute, the arbitration shall be conducted under JAMS Streamlined Arbitration Rules & Procedures. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. However, if you represent in writing that you are unable to pay JAMS’ costs, we will pay all arbitration fees and expenses. If JAMS is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with these rules, then another administrator that will do so will be selected by agreement of the parties.

You may choose to have the arbitration conducted by video conference technology such as Zoom, or based on written submissions. Otherwise, the location of the arbitration proceeding shall take place in the city or state where you reside, unless each party agrees otherwise, or at another mutually agreed-upon location.

The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon both you and us. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except that this sentence shall not apply to the Class Action Waiver provisions described below. The arbitrator will render a decision in writing. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award.

This Arbitration Agreement will survive the termination of your relationship with us.

14.2 Excluded Disputes

You and we agree that the following disputes are excluded from this Arbitration Agreement: (1) any dispute, claim, or controversy arising out of or relating to an alleged violation of a party’s intellectual property rights, including but not limited to claims of patent, copyright, trademark, or trade secret infringement. This category of claims and disputes shall be resolved through litigation in a court of competent jurisdiction, rather than through arbitration; (2) individual claims brought in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.

14.3 Class Action Waiver

To the maximum extent permitted by applicable law, you and we agree to bring any claim or dispute, whether in arbitration or court as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION. There shall be no right or authority for any claim or dispute to be brought, heard, or arbitrated as a class or collective action (“Class Action Waiver”). The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity. Regardless of anything else in this Arbitration Agreement and/or the applicable JAMS rules, the interpretation, applicability, enforceability, or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. This Class-Action Waiver will survive the termination of your relationship with us.

14.4 One-Year Time Limit to Raise Disputes or Claims

You agree that any dispute, claim, or lawsuit, regardless of form, that may arise out of or related to these Terms or your use of the site, must be filed within ONE (1) YEAR of your knowledge of the action, omission, event, or occurrence giving rise to the dispute, claim(s), or lawsuit. After the expiration of the one-year period, such dispute, claim(s), or lawsuit will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or pursuant to law or statute.

14.5 Waiver of Jury Trial

BOTH YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, except as provided herein. We are instead mutually electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions, including the arbitration and class-action-waiver provisions, will continue to be valid and enforceable.

Waiver

No waiver by us of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

FDIC Insurance and Release of Rights

Non-FDIC Insured

The funds loaded onto the Echo Spend Prepaid Card are not insured by the Federal Deposit Insurance Corporation (FDIC), nor does Echo Spend represent itself as such.

Use of Information

Identity Verification

We may conduct searches of your record at credit reference and fraud prevention agencies to verify your identity. These searches are not full credit reference checks or credit scoring, but are instead automated decision-making processes to confirm your identity.

Documentary Evidence

If we cannot adequately verify your identity, we may request additional documentary evidence to help confirm your identity and address.

Credit Reference Agencies

Credit reference agencies may check the details you provide against any particulars on any database (public or otherwise) to which they have access. An unrecorded enquiry will be made, which is a search not made for lending purposes and does not affect your credit rating or score when applying for credit. It is included in your credit report, so you are aware of the search, but it does not affect your credit rating or score when applying for credit.

Fraud Prevention

If you provide false or inaccurate information and we identify fraud, we will record this with fraud prevention agencies. Law enforcement agencies may access and use this information.

Information Sharing

Fraud prevention agencies will share records with other organizations. We, and other organizations, may access and use the information recorded by fraud prevention agencies overseas.

Entire Agreement

These Terms and Conditions, along with any amendments or supplements thereto, constitute the entire agreement between you and us regarding the Card and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, and communications, both written and oral.

Notices

You may send us notices or communicate with us by email at support@echospend.com. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send email to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.