XL RESPECTS YOUR PRIVACY

At XL Payment Systems, we recognize that the trust of our customers is one of our most important assets. As such, our primary goal is to deliver innovative payment products and world-class service while ensuring the integrity and sanctity of our customer's privacy.

The following outlines some of the steps that we take on a daily basis to ensure that our customer's information is secure, private, and used only in a manner consistent with our customer's wishes.

We will safeguard, according to our strict standards of security and confidentiality, any and all information our customers share with us. We use advanced security techniques and processes designed to protect the integrity and privacy of our customer's information, particularly when this information is used by our employees and partners to provide customer service. We will limit the collection and use of customer information to the minimum we require to provide superior customer service, which includes, but is not limited to, the effective management of our business, advising our customers about our products and services, how we administer their account(s) and account(s) security and to fulfill any legal and regulatory requirements. We advise our customers about the general uses of the information we collect about them, and we will gladly and promptly provide additional explanation if our customers request it. We will permit only authorizedemployees, who are properly trained in the appropriate handling of sensitive customer information, to have access to that information, and only if required by their business responsibilities. Employees who violate our Privacy Policy are subject to our disciplinary process, up to and including termination. We give our customer's choices as to how theirinformation is used, if at all. We provide our customer's with the opportunity to remove their names used for mail, telephone or online marketing upon initial customer contact and subsequently on an annual basis. This opt out choice includes products and services offered by XL Payment Systems, Inc. and our affiliate marketing partners, and customers may easily opt out by contacting us via US mail or telephone. We limit the release of customer information. In addition to providing our customers with the opportunity to opt out of marketing offers, we release information only with the customer's consent or request, or when we are required to do so by law or other regulatory authority. When a court order or subpoena requires us to release customer information, we notify the customer promptly in order to provide the customer with the opportunity to exercise their legal rights. The only exception to this policy is when we are prohibited from notifying the customer by law or due to a court order, or in cases in which fraud, money laundering and/or criminal or illegal activity is suspected. We quickly respond to our customer's requests for explanation. In the event that we deny service or chose to end a customer's relationship, and to the extent permitted by applicable laws, we will provide a prompt and detailed explanation if requested. We extend our privacy principles to our business partners. Whenever we enter into business partnerships, or hire other organizations or businesses to provide us with a service, we require them to conform to our strict privacy standards as well as to allow us to audit them for appropriate compliance. We will notify our customers in the event that our privacy policy changes. If our privacy policy is modified, we will attempt to notify our customers of these changes via email, US mail or via telephone. As customers do now, they will continue to have a choice as to whether or not they allow us to use their information in this different manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our web site (wwwxlcard.com) notifying users of said change(s). In some cases where we post the notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.

Updating customer information. Should customers need to update any information they have previously supplied to us, they may contact XL Customer Service at between 8AM-10PM CST, Monday through Friday and 10AM-8PM CST, Saturday and Sunday, or email at customerservice@xlcard.com.

If you wish to opt out of our, and our partner's, marketing offers, please contact us via US mail at the following address:

XL Payment Systems, Inc.
Marketing
101 Southwestern Blvd. #135
Sugarland, TX 77478

The information above applies to all of our customers, including those that transact primarily on the Internet. For this group, the following specifically applies:
Our website requires the use of cookies, pieces of information that a website places in a file associated with our customer's browser, that may be used to deliver content specific to their interests and for other purposes, such as security and other account administrative functions. For example, cookies are used to store customer preferences for certain types of information so that they do not have to input it every time they visit our site. XL cookies are encrypted and do not contain nor track personal identifying information; none will contain information that will enable anyone to contact our customers via telephone, e-mail or any other means.
Please note that XL can serve as a gateway for shopping at merchant sites, most of which also use cookies to deliver content specific to our customer's interests and for other purposes, such as security, promotional preferences and administrative functions such as shopping cart functionality. XL cannot control merchant sites use of cookies or be held responsible for those merchant's policies regarding the use of cookies. XL Payment Systems, Inc. is a licensee of the TRUSTe Privacy Program. When customers visit a web site displaying the TRUSTe trustmark, they can expect to be notified of what personally identifiable information is collected, what organization is collecting the information, how the information is used, with whom the information
may be shared, what choices are available to them regarding collection, use and distribution of the information, what kind of security procedures are in place to protect the loss, misuse or alteration of information under the company's control, and how customers may correct any inaccuracies in the information. Questions regarding this statement should be directed to marketing@xlcard.com. If this web site does not respond to your inquiry or your inquiry has not been satisfactorily addressed, please contact the TRUSTe watchdog panel (http://www.truste.org/users/watchdog.html).

XL collects "referrers" information, IP addresses, and various
environmental variables.

A "referrer" is information the Web browser passes along to XL's Web server that references the URL from which the customer came. The "IP address" is a number used by computers on the network to identify the customer's computer so that data can be transmitted to them. "Environmental variables" include, among other things, the domain from which customers access the Internet, the time they accessed our Web site, type of Web browsers and operating system or platform used, the Internet address of the Web site they left to visit XL Payment Systems, the names of the pages they visit while at our Web site, and the Internet address of the Web site they subsequently visit.

This information is collected to enhance web site security and to
detect broad member trends.

Security.
The XL website has security measures in place to protect the loss, misuse and alteration of the information under its control. All personal and account activity information collected on and used by the XLcard.com web site is not accessible by the public or via the Internet. All accesses to our databases wherein personal information is kept are logged for security purposes and access is limited to key personnel. All personal information, account activity and purchasing activities are protected via user names and passwords. All user-specific activities (those that are accessed during and after a user logs-in with their user name and password) are protected using a secure communications encryption technology called SSL.
SSL (Secure Socket Layer) is a security feature that creates an encrypted connection between the client (your computer) and our server (XLcard.com), which prevents the interception and inappropriate use of this critical data. Transactions through a server using SSL are far safer than using a credit card at other retail establishments. It is much easier for credit card thieves to sift through trashcans at banks or retailers than to harness the genius and super computing power necessary to decrypt the small bits
of secure data transmitted during an SSL connection. The point is that our customer's greatest risk for exposure of personal or financial information and transactions is NOT the use of properly secured sites such as xlcard.com, but rather from information made available by their everyday activities. |
xlcard.com: (c) 2003-04 XL Payment Systems, Inc.

The XL Payment Systems Card Program is sponsored by 1st Federal Bank.
XL Cash Card MasterCard Cards are issued by 1st Federal Bank.
Account funds are insured by the Federal Deposit Insurance Corporation (FDIC). Subject to funds availability. Transaction fees, terms and conditions apply. All trademarks, service marks and registered marks are the properties of their respective owners. (c) 2001-2004 XL Payment Systems, Inc.




Cardholder Agreement
Read this Agreement and retain it for your records This Agreement applies to your Pre-Paid Card (“Card”) and your responsibilities, liabilities, uses, fees and requirements of you, the “Cardholder”.

In this Agreement, the words “you”, “your” and “yours” refer to you, the “Cardholder”. The words “we”, “us” and “our” mean XL Payment Systems, the issuing bank(s) and all associated firms, companies, affiliations or associations required to fulfill and manage your card.

Responsibility: You agree that you are financially responsible for all uses of the Card, the Account, and the information provided to us by you. You are responsible for the safekeeping, distribution and use of your confidential PIN.

Age: You certify that you are 18 years of age, or older.

Changes: We may change any or all of this Agreement at any time. Please refer to this website for our latest Terms & Conditions.

Termination: We may, at any time, for any or no reason, terminate this Agreement and/or temporarily suspend your right to use the Card. You agree to destroy the Card if the account is terminated. We will remit the balance, which we may do by transferring a credit to the debit or credit card account you may have designated to fund your account or by remitting a paper check to the name and address last provided by you. You may also cancel the Account at any time, either online or by calling the number provided with your card. In any event, a cancellation fee may be charged.

Funding the Card: The Card is a renewable, stored value card. The value of the Card depends on the amount of funds that have been transferred, “stored”, or loaded onto the Card.

THIS IS NOT A CREDIT CARD. FEES APPLY TO LOADING OF FUNDS FROM YOURSELF OR FROM YOUR EMPLOYER. YOU HOLD US AND YOUR EMPLOYER HARMLESS FOR THESE FEES CHARGED. YOU VOLUNTARILY OFFER THIS CARD TO YOUR EMPLOYER FOR THE LOADING OF ALL OR A PORTION OF ANY FUNDS OR PAYROLLS THAT MAY BECOME DUE TO YOU.

Sources of Funding:

	1.	Payroll, commissions, royalties or other fees due to you, as an employee or independent contractor, may be loaded via electronic transfer as arranged between payer and us. Loading the funds by payer for independent contractor services will be reported to the appropriate governmental agencies and you will receive the appropriate notification for the purposes of tax reporting, from the payer. We bear no responsibility, whatsoever, for any such reporting or tax liabilities.
	2.	When applicable and available, bank checking or savings account or debit card account (“Funding Account”) with appropriate anti-fraud verification. Certain delays may be required to assure funds are available for such loads prior to crediting your account.
	3.	You may load funds via direct deposit of cash using the approved deposit slip or via mail-in of U.S. Postal Money Order.

Where and How:

	1.	Various companies that have contracted with us for the payment of payroll, commissions, royalties or other fees to independent contractors may load such payments to your card electronically through the network.
	2.	You may load funds to the Card at any time through your online account if electronic bank transfer features are available for your particular card.
	3.	At our Bank, using the approved and supplied deposit ticket, during regular business hours (Cash Only).
	4.	Any time via mail-in deposit using only U.S. Postal Orders. Other money types will not be accepted.
	5.	At any retailer that is a member of the XL Payments Network.

Availability of Funds:

	1.	Funds loaded to the Card from another debit Card of the same type card account will be available no later than the next business day after the transfer was made.
	2.	Funds loaded by ACH transfer that we authorize (for payroll, commissions, etc.) will be available no later than 5 business days after the transfer is initiated.
	3.	Funds loaded from the bank checking or savings accounts will be available no later than 5 days after the transfer is initiated.
	4.	Cash funds deposited directly to the bank using the approved deposit ticket will be available within 48 hours.
	5.	U.S. Postal Money Orders mailed to our processing center will be available within 5 working days.
	6.	Funds loaded in cash at a retailer that is a member of the XL Payments Network will be available within 24 hours.

Funding Limits:

	1.	There is no limit upon the maximum amount that may be transferred to your Card by an employer for your regular work payment.
	2.	You may not load more than $1,995 or less than $20 onto the card at any one time from your Funding Account.
	3.	The Card may not be loaded more than twice per day or ten times per week, nor for more than $1,995 per day or $5,000 per week.

Spending Limits: The maximum amount allowable for purchase from merchants may not be more than the total funds available on the Card, less applicable fees. Unusual or multiple purchases may prompt a merchant inquiry or card suspension to allow to investigate such unusual activity. You agree to be financially liable for any spending beyond the available Card funds and any spending overdraft may be immediately repaid from the next re-load of funds or from your Funding Account, if you have attached such a Funding Account.

Withdrawal Limits:

1.The maximum amount allowable for cash withdrawals from ATMs and member banks is $300 per twenty-four hour period.
2.The maximum cash that can be received from a merchant that has agreed to provide cash back services, which must be accompanied by a purchase, is $50.

Refunds: If you are entitled to a refund for any reason for goods or services obtained with the Card, you agree to accept credits to your Card in place of cash.

Using the Card. You can use the Card to:

1.Make purchases anywhere your Card is accepted. When making purchases, you may select the debit or credit options. The debit option requires that you enter your PIN and the credit option does not require a PIN. In each case, the amount of the purchase is deducted from your Card balance.

2.Withdraw cash from any automated teller machine (ATM) displaying the network logo on your Card. This transaction requires the use of your PIN.

3.Obtain cash from places which have agreed to provide cash back at the point of sale. The maximum cash back allowed with a purchase is $50.

Confidentiality:

1.You should not disclose the PIN or record it on the Card or otherwise make it available to anyone else.
2.If the Card or PIN is lost or stolen or if someone else may be using them without your permission, notify us at once by calling the toll-free number provided with your Card.
3.If you authorize or permit someone else to use the Card and/or PIN, you will be liable for any transactions made by that person.
4.At any time, you may temporarily suspend the use of your Card by going to our website. You alone may re-activate the Card at any time after it has been suspended by going to the website.
5.You may close your Account at any time by going to the website. The value on the Card at the time of closure will be electronically transferred back to your Funding Account or sent to you by check. Cancellation fees may apply.

Payment: Each time you use the Card, the amount of the transaction will be debited from the balance of funds on the Card.

1.You are not allowed to exceed the funded balance when making any purchase.
2.If this occurs, you agree to be 100% responsible for payment to us for the overdraft.
3.You agree to have the amount of the overdraft deducted from any money later added (“loaded”) to the balance of your Card.
4.You agree that fees and charges specified in this Agreement may be deducted from the Card.
5.You agree to pay any Card funds deficiency at once, together with all costs of collection.
6.You specifically authorize us to debit Funding Accounts to cover any Card balance deficiency, if you have attached any such Funding Accounts to the card.

Operating Fees: We reserve the right to, from time to time, revise the fee schedule and will notify you accordingly. You will be charged the following fees:


Other fees:

1.The owners of ATMs or other networks may impose an additional charge to use their machines.
2.Should a funding transaction be returned from the Funding Account for insufficient funds, a return fee of $25 will be assessed.
3.An overdraft fee of $25 will be assessed to the Card for purchases or transactions in excess of the available Card balance.
4.Should a disputed Card use or purchase prove to be valid, a charge back fee of $25 will be assessed to the Card.
5.Usage outside the United States will be assessed higher fees for ATM and POS transactions.
6.An international exchange fee of 1.5% of the amount of the transaction or ATM withdrawal will be charged for transactions or ATM withdrawals outside the United States.
7.Mail-in deposits will be charged the $1.00 deposit fee plus an additional $2.50 handling fee will be deducted from the deposit account.

Our Right to Offset: We have the right to offset against the Card or the Funding Account for any indebtedness owed by you to us, whether individually or jointly owned. We may offset against the Card or Funding Account either before or after your death without demand or notice to you. We will not be liable for any dishonored entry that results.

Periodic Statement: A periodic statement of the card account for each monthly cycle will be made available to you.

1.We will provide all card activity, entries, transactions and history through Internet access or by electronic transaction to your e-mail address and not through paper statements.
2.You agree that we may provide your periodic statements on the Internet or electronically, that we may notify you monthly, at the electronic address, which you provide upon account setup for such notices, where and how, you may view the statement online.
3.You may elect to receive printed-paper statements sent by mail rather than the electronic statements sent to your e-mail address. If you so elect, you will be charged $5.00 per month or per statement mailed to you.

Web Site and Availability: Although considerable effort is expended to make our web site and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free every minute of the day. You agree that we will not be responsible for temporary interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.
You agree to act responsibly with regard to the web site and its use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk threaten or harass anyone, gain any unauthorized entry, or interfere with the web sites systems and integrity.
We shall not bear any liability, whatsoever, for any damage or interruptions caused by any “computer viruses” that may affect your computer or other equipment. We advise the regular use of a reputable and readily available virus screening and prevention software.

Links: Our web site may contain links to other web sites, provided as a convenience to you and not an endorsement by. We are not responsible for the content of any such web site, which you enter at your own risk.

Your Liability: TELL US AT ONCE IF YOU BELIEVE YOUR CARDHAS BEEN LOST OR STOLEN. TELEPHONING IS THE BEST WAY OF KEEPING YOUR POSSIBLE LOSSES DOWN.
1.Our zero dollar liability policy may protect you from liability for certain unauthorized transactions. Under our zero dollar liability policy, unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions made with your lost or stolen Card that are processed through the network. This does not apply to ATM transactions or to transactions using your PIN that are not processed. If you do not notify us promptly and you are grossly negligent or have engaged in fraudulent conduct, you could lose all the money in your account. A transaction is unauthorized if it is not initiated by you, you did not give permission to make the transactions and you do not benefit from the transaction in any way.
2.For transactions that are not covered by our zero liability policy, if you believe your Card has been lost or stolen and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50 if someone used your Card without your permission. If you do not tell us within 2 business days after you learn of the loss or theft of your Card, and we can prove we could have stopped someone from using your Card without your permission if you had told us, you could lose as much as $500.
3.Also, if your statement shows transactions that you did not make, tell us at once. If you do not tell us within 60 days after the statement made available online (or mailed 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.

Our Liability: If we do not complete a transfer to or from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages, up to a maximum amount of $50. However, there are some exceptions and if the failure was not intentional and resulted from a bona fide error, our liability shall be limited to actual damages proved. We will not be liable, for instance;
1.If through no fault of ours, you do not have enough money on your card to make the transfer.
2.If the ATM where you are making the transfer does not have enough cash.
3.If the system was not working properly and you knew about the breakdown when you started the transfer.
4.If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
5.If funding has been delayed or cannot be completed because of insufficient funds existing in the account designated to fund the card.
6.For other exceptions allowed by law.

Privacy Policy: We may disclose the information to third about your account or the transfers you make:
1,Where it is necessary to service your account, or;
2.In order to verify the existence and condition of your account for a third party, such as a merchant or bank;
3.For security purposes, fraud deterrence, and when necessary to prevent identity theft, or;
4.In order to comply with governmental agency or court subpoenas and/or orders, or;
5.If you give us your written permission, or;
6.In accordance with Privacy Policy.

Changes: We may change any part of this Agreement at any time. We will give you notice of the change if required by law. Please refer to our web site for the current version.

Termination: We may, at any time, for any or no reason, terminate this Agreement and/or temporarily or permanently suspend your right to use the Card. You agree to have the card destroyed if the Account is terminated. We will remit the balance by check sent by mail. The Card remains the property of XL Payment Systems. You may also cancel the Account at any time, either online or by calling the number provided with your Card. A cancellation fee may be assessed.

Applicable law, Court Proceedings, Damages, Arbitration: This Agreement is governed by the laws of the State of Texas, irrespective of the choice-of-law provisions of any state. Nevertheless, if we are served garnishments, summons, subpoenas, orders or legal processes of any type, we are entitled to rely on the representations therein and may comply with them in our own discretion without regard to jurisdiction. You agree that any legal action involving this card or Account must be brought in the County of Ft. Bend, State of Texas, within one year of the date the cause of action arose. You and we both waive our right to trial by jury, punitive and exemplary damages, as well as damages in tort, including but not limited to emotional distress, unless caused by a willful and malicious act, which in the case of unauthorized disclosure of private or confidential information must also be defamatory. In the event that the parties cannot resolve any disputed matter, then, both parties hereby agree to exclusively submit such disputed matter to binding arbitration in the County of Ft. Bend, State of Texas, in accordance with the commercial arbitration rules of the American Arbitration Association. If any legal action is brought to enforce or interpret this Agreement, the substantially prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in such action or proceeding from the other party, in addition to any other relief to which such prevailing party may be entitled.

Severability: The invalidity of any provision of this Agreement shall not affect the validity of other provisions.

Assignment: You may not assign, convey, subcontract, sell or transfer any of your rights or obligations with regard to the Card.

Cancellation/Refund Policy: If you cancel your card order, by email to cs@xlcard.com within ten (10) days after you placed your order, we will refund your processing fee within approximately ten (10) days after we receive your email. Cancellations made after ten (10) days from the date you make your submission will not receive any refund.

ERROR RESOLUTION NOTICE

You agree to examine each statement and any card information mailed to you or sent to your Internet address to discover any unauthorized entries or errors. In Case of Errors or Questions About Your Electronic Transfers, go to our web site and follow the error resolution procedures.

	1.	Contact us as soon as you can, if you think your statement or receipt is wrong or if you need more 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.
	2.	Tell us your name and the account number.
	3.	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.
	4.	Tell us the dollar amount of the suspected error.
	5.	If you tell us orally, we require that you send us your complaint or question in writing within 10 business days.