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Bluebird® by American Express® Member Agreement


Last modified April 10th 2014

For Customer Service, please visit www.Bluebird.com or call Bluebird Customer Service, 24 hours a day, 7 days a week, at 1-877-486-5990 (International Collect: 1-801-449-4016).

Table of Contents

 

INTRODUCTION

This Bluebird® by American Express® Member Agreement ("Agreement") contains the terms and conditions that apply to your use of Bluebird, your checking & debit alternative. It is a contract between you and us, and by registering for or being authorized to use Bluebird, you agree to be bound by the terms and conditions of this Agreement (including all agreements and policies referenced in this Agreement or otherwise applicable to use of specific features of Bluebird which are required to be agreed to and accepted before use of such specific features). If you do not agree to the terms and conditions of this Agreement (including all referenced and applicable policies), you may not use or access Bluebird.

Please read this Agreement (and any future amendments) carefully and print and retain a copy for your records.

In addition to certain capitalized terms defined throughout this Agreement, the defined terms set forth in Section 1 shall apply to this Agreement.

To the extent permitted by Applicable Law, we may amend this Agreement from time to time by posting an updated Agreement at www.Bluebird.com (the "Bluebird Site") or as otherwise provided in Section 25.p. Your continued use of Bluebird after such posting or other notice constitutes your acceptance of the terms and conditions of the amendment made to this Agreement. If you do not accept an amendment made to this Agreement, your sole and exclusive remedy is to close your Account (or Sub-Account) or not use Bluebird. Closure of your Account and/or Sub-Account results in termination of your privileges with respect to the associated Card and/or Sub-Account Card(s).

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1. Definitions

For purposes of this Agreement, the following defined terms shall have the meanings set forth below:

  1. "Account" or "Bluebird Account" means an online account established in connection with Bluebird and, as the context requires, the portion of the Member's Main Bluebird Account reflecting the Member's Available Balance.
  2. "Add Funds" has the meaning set forth in Section 10.
  3. "Add Funds Source" has the meaning set forth in Section 10.
  4. "Adding Checks with the Mobile App" has the meaning set forth in Section 11.
  5. "Affiliate" means a person or entity that directly or indirectly controls, is controlled by, or is under common control with us, including our subsidiaries.
  6. "Applicable Law" means all applicable local, state, federal, and foreign laws, regulations, ordinances, and statutes, as well as any applicable rules, policies, and procedures established by the National Automated Clearinghouse Association or any applicable electronic payment network or card association or network.
  7. "ATM" means automated teller machine.
  8. "ATM" has the meaning set forth in Section 15.a.
  9. "Bluebird" means the Bluebird® by American Express® platform and service provided by us which, among other things, facilitates the ability to make payments and transfer funds online and offline using electronic payment networks, allows Users to open, fund and manage stored-value accounts, and includes any widgets, applications, payment features and other mechanisms, features, functionalities and benefits we now or in the future may provide and you may use to conduct such payments, transfers and related activities, including Bluebird's Pay Bills, Bluebird Checks, Check by Mail and Adding Checks with the Mobile App services.
  10. "Bluebird Card" means any card, account number, barcode, digital representation, or other access device issued by us to you for the purpose of conducting transactions on your Bluebird Account through Bluebird, including the plastic reloadable prepaid access card delivered to you after successful registration of your Bluebird Account and identity verification.
  11. "Bluebird Checks" has the meaning set forth in Section 7.
  12. "Bluebird Mobile Application" means the software application we provide that may be downloadable to any one or more of your mobile devices (e.g., wireless telephones, tablets and smart phones), as further described in Section 12.
  13. "Bluebird Site" means the Bluebird website, currently located at www.Bluebird.com.
  14. "Business day" has the meaning set forth in Section 25.c.
  15. "Card" means, as applicable, a Bluebird Card or a Sub-Account Card.
  16. "Check by Mail" has the meaning set forth in Section 10.f.
  17. "Customer Service" means Bluebird's Customer Service department, which can be reached by calling U.S. 1-877-486-5990 / INTERNATIONAL COLLECT 1-801-449-4016, 24 hours a day, 7 days a week. Along with assistance with general Account, Sub-Account, and SetAside Account questions, Customer Service can provide balance information, transaction history, Card, Sub-Account Card and PIN replacement assistance, and registration of your verified Debit Card as an Add Funds Source. Customer Service provides Spanish language balance information and limited transaction history via an automated system.
  18. "Dispute" means a Charge or transaction about which a claim, complaint, or question has been brought.
  19. "Master Accountholder" means, in relation to a Sub-Account, the Member who has established one or more Sub-Accounts connected to his or her Account.
  20. "Member" means the individual who registered for and established a Bluebird Account and, if applicable, linked Sub-Account(s) or SetAside Account.
  21. "Pay Bills" has the meaning set forth in Section 6.
  22. "Serve" means the digital payments platform and services provided by American Express pursuant to www.serve.com.
  23. "SetAside Account" has the meaning set forth in Section 14.
  24. "Spend Money" has the meaning set forth in Section 17.b.
  25. "Sub-Account Card" means any card, account number, barcode, digital representation, or other access device issued by us for the purpose of facilitating the conduct by Sub-Account Users of transactions through a Sub-Account.
  26. "Sub-Account User" means any person authorized by a Member to use a Sub-Account.
  27. "User" means any person authorized to use Bluebird.
  28. "we", "us", and "our" refers to American Express Travel Related Services Company, Inc., and, where applicable, its successors, assigns or service providers.
  29. "you" and "your" mean the Member and, as applicable, any Sub-Account User(s).

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2. Use of Bluebird

Bluebird allows you to establish a Bluebird Account through which you may store, spend and manage your money and make payments using electronic payment networks and certain other electronic methods. You will also receive a Bluebird Card, which may be used to conduct certain transactions through your Bluebird Account after the Bluebird Card is activated, including paying for goods and services at merchants and making ATM withdrawals. Where a Sub-Account has been opened, certain transactions may also be conducted by a Sub-Account User through the Sub-Account or a Sub-Account Card, and where a SetAside Account has been opened, certain transactions may also be conducted by the Member through the SetAside Account.

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3. Eligibility

You must be at least eighteen (18) years old (or nineteen (19) years old if you reside in a state where the age of majority is nineteen (19)), reside in the U.S., and be a consumer (and not a business) in order to register for Bluebird and open a Bluebird Account. As described in Section 13 below, under certain circumstances, you may open a Sub-Account for Sub-Account Users who are thirteen (13) years old or older. The Bluebird Account, Sub-Accounts and SetAside Account covered by this Agreement are intended for consumer use only. Use of a Bluebird Account, Sub-Account or SetAside Account for commercial purposes is prohibited and may result in closure of such Account (or Sub-Account or SetAside Account).

Residents of the State of Vermont are not currently eligible to register for Bluebird or open an Account. Registered users of the Serve® service, available at www.serve.com, are not currently eligible to register for Bluebird or open an Account.

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4. Registration

a. Establishing a Bluebird Account

To open a Bluebird Account, the Member must register for and establish a Bluebird Account online at the Bluebird Site or through the Bluebird Mobile Application (as further described in Section 12). A Member who establishes a Bluebird Account and satisfies the necessary identity verification requirements will be sent a Bluebird Card linked to the Account. Transactions conducted using a Bluebird Card will be funded from the Bluebird Account or as otherwise provided in this Agreement. If a Sub-Account is established by a Member, the Sub-Account User will be issued a Sub-Account Card. Transactions conducted using a Sub-Account or Sub-Account Card will be funded from monies added to the Sub-Account by the Master Accountholder or as otherwise provided in this Agreement. You may only have one Account or Sub-Account in your name.

Please note:

Until you verify your e-mail address and activate the Bluebird Card linked to your Bluebird Account, your Account privileges will be limited. In particular, (i) until you verify your e-mail address and activate your Bluebird Card, (x) the maximum aggregate amount you may add to the Bluebird Account (in addition to any amount automatically added to your Account from a Temporary Card) is $1,500, (y) you will not be able to use Bluebird outside of the U.S, use Bluebird Checks, Pay Bills, Send Money, Request Money, Adding Checks with the Mobile App or establish a SetAside Account and (z) you will not be able to Add Funds to your Bluebird Account using a bank account, debit card, Direct Deposit or Check by Mail and we may restrict your ability to Add Funds using other funding sources, and (ii) any Temporary Card temporarily enabled for use in connection with your new Bluebird Account may be disabled as early as the date the Bluebird Card associated with your new Bluebird Account is scheduled to be delivered to you.

b. Personal Identification Number and Password

When you register for Bluebird, you will select a personal identification number ("PIN") that may be used to access and authorize certain transactions on your Bluebird Account, including ATM withdrawals via your Bluebird Card, as well as a password and a security question and answer. You will also select passwords for any Sub-Accounts you choose to open. You must keep your PIN and password confidential. Store your PIN and password separately from your other Card, Account and Sub-Account information.

IF YOU BELIEVE THAT ANYONE HAS ACCESSED YOUR PIN OR PASSWORD WITHOUT AUTHORIZATION, YOU SHOULD INFORM CUSTOMER SERVICE AND CHANGE YOUR PIN AND/OR PASSWORD IMMEDIATELY. If you lose or cannot remember your PIN, password or security question and answer, you will need to change it online on the Bluebird Site.

c. Verification Requests; Your Provision of Information

You agree to cooperate with all requests made by us or third parties on our behalf to identify you, authenticate your identity, validate your funding sources, verify your wireless telephone number and account, or verify your transactions. To the extent allowed by Applicable Law, you agree that we may obtain any consumer reports we deem appropriate in connection with the opening, issuance, funding, initial or subsequent adding of money to, review, suspension or termination of your Bluebird Account, Bluebird Card, Sub-Account or Sub-Account Card, any application to be a User or Sub-Account User, or any access to particular Bluebird features or functionalities. These inquiries may include inquiries to consumer reporting agencies or companies that maintain check databases.

You agree: (i) to provide personal information during the registration and identity verification process and thereafter that is accurate and complete; (ii) to update your personal information, including current e-mail address, as necessary so that it remains accurate and complete; and (iii) not to impersonate any other person, operate under an alias or otherwise conceal your identity. We will use the information you give us, as well as the information we receive from your use of the Bluebird Account, Sub-Account, SetAside Account, Bluebird Card and Sub-Account Card, to facilitate your participation in Bluebird and for other purposes consistent with this Agreement.

d. Electronic Delivery of Notices and Information; E-mail Verification

Bluebird is a paperless platform and service, which means, among other things, that we will attempt to provide you with all notices and communications, including legally-required notices and communications which you may otherwise have the right to receive in paper form, in electronic form (e.g., by e-mail, the Bluebird Site or SMS Message instead of paper), except as otherwise specified in this Agreement and our Consent Statement. Accordingly, Bluebird is intended for use only by those willing and able to receive all notices and communications from us exclusively via electronic means in accordance with this Agreement and our Consent Statement. At registration, for the duration of your Bluebird Account usage and in certain instances following the termination of your Bluebird Account with us, we require your valid and working e-mail address in order to ensure we can effectively communicate with and deliver our services to you. As part of the registration process, you will be asked to provide and verify your e-mail address and electronically consent to the terms and conditions set forth in our Consent Statement. You can withdraw your consent at any time, but only in the manner set forth in our Consent Statement. Such withdrawal may result in the disruption, suspension or termination of your Account. If you do not verify your e-mail address by clicking on the link in the e-mail you will receive from us as part of the registration process, you will not be able to use your Bluebird Card or most other features of Bluebird.

e. Member responsibility for Bluebird Account and Sub-Accounts; Authorized Users

The Member will be liable for all transactions arising from any use of Bluebird, the Bluebird Account and Bluebird Card, and the SetAside Account, and any use of a Sub-Account or Sub-Account Card(s), by Sub-Account User(s), including any transactions made and any fees incurred by such Sub-Account User(s). You will be liable for the transactions made and fees incurred by Sub-Account User(s), even if the Sub-Account User(s) exceeds the scope of the authority that you gave. Only the person in whose name a Bluebird Card or Sub-Account Card has been issued may use that Card.

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5. The Card

a. General

Individuals who establish a Bluebird Account and satisfy the necessary identity verification requirements will be sent a Bluebird Card linked to the Bluebird Account, together with Sub-Account Card(s), to the extent linked Sub-Accounts have been established, each of which must be activated before use. The person in whose name a Card has been issued must sign his/her signature on the back of the Card. Cards are issued by us.

Please note:

Until you verify your e-mail address and activate the Bluebird Card linked to your Bluebird Account, your Account privileges will be limited. In particular, (i) until you verify your e-mail address and activate your Bluebird Card, (x) the maximum aggregate amount you may add to the Bluebird Account (in addition to any amount automatically added to the Account from a Temporary Card) is $1,500, (y) you will not be able to use Bluebird outside of the U.S, use Bluebird Checks, Checks, Pay Bills, Send Money, Request Money, Adding Checks with the Mobile App or establish a SetAside Account and (z) you will not be able to Add Funds to your Bluebird Account using a bank account, debit card, Direct Deposit, or Check by Mail and we may restrict your ability to Add Funds using other funding sources, and (ii) any Temporary Card temporarily enabled for use in connection with your new Bluebird Account may be disabled for all purposes as early as the date the Bluebird Card associated with your new Bluebird Account is scheduled to be delivered to you.

b. About the Bluebird Card

The Bluebird Card (and each Sub-Account Card) is a prepaid payment device which, among other uses, may be used to pay for goods and services at bricks-and-mortar and online retailers and other merchants that accept American Express® Cards, both within and outside the U.S., and to obtain cash from ATMs that permit American Express transactions within and outside the United States, in each case subject to the terms and conditions of this Agreement. Transactions conducted using a Bluebird Card will be funded from and to the extent of Available Funds in your Bluebird Account, and transactions conducted using a Sub-Account Card will be funded from and to the extent of Available Funds in the relevant Sub-Account or as otherwise provided in this Agreement.

Where applicable, present the Card to the merchant at the time of payment and sign the merchant's receipt with the same signature you used when you signed the back of the Card. The Card can also be used to make purchases over the internet, by mail order, or by telephone. If you experience any difficulty making a purchase with the Card, please call Customer Service for assistance.

You agree to use the Card only at merchants that accept American Express® Cards in accordance with the terms and conditions of this Agreement and only for lawful purposes. The Card may be used to make a final payment in respect of a car or other rental, but may not be able to be used to make a car rental reservation, a hotel reservation, or other reservation or deposit. Merchant categories are determined by merchants and other parties, and you agree to hold us harmless for any transactions that occur as a result of inaccuracies in merchant classification. Cards may not be used for any type of illegal activity or prohibited sale or gambling or as otherwise prohibited by this Agreement, and you agree not to engage in any such illegal or prohibited activity when you use (or allow others to use) your Account or Sub-Account with a Card. See Section 18 for a list of activities which are prohibited under this Agreement.

A CARD IS NOT A CREDIT CARD, CHARGE CARD, DEBIT CARD LINKED TO A DEMAND DEPOSIT ACCOUNT OR GIFT CARD AND CANNOT BE REDEEMED FOR CASH, EXCEPT AS REQUIRED BY APPLICABLE LAW OR AS OTHERWISE PERMITTED BY THIS AGREEMENT. A CARD MAY NOT BE ESTABLISHED BY AN EMPLOYER (OR ANY PERSON ACTING ON BEHALF OF AN EMPLOYER) TO PAY WAGES, COMPENSATION (INCLUDING BONUSES OR INCENTIVE PAYMENTS) OR BENEFITS TO ANYONE.

c. Use of Cards at ATMs

Subject to the amount of Available Funds in your Bluebird Account or Sub-Account (and, in the case of a Sub-Account Card, unless the Member blocks the Sub-Account Card's cash access or other relevant features or we impose other limitations on the use of the Sub-Account), you may use your Bluebird Card or Sub-Account Card at ATMs that permit American Express transactions within and outside the United States, including at MoneyPassTM Network ATMs (go to www.moneypass.com for a MoneyPassTM ATM Locator). The Member and linked Sub-Account Users may, in the aggregate, make up to three (3) ATM withdrawals per day and withdraw up to $500 per day and $2,000 per calendar month, subject to the Spend Money limits set forth in Section 17.b. If the ATM asks you what kind of account Bluebird is (e.g., checking or savings), select "checking." Even though Bluebird is not a checking account, this will ensure that your ATM transaction is processed correctly. Acceptance within ATM networks may change at any time.

Please note:

We impose fees in connection with ATM transactions as provided in Section 17.a, and the owner or operator of the ATM may also impose surcharges and other fees for ATM transactions, including cash withdrawals and/or declined transactions. Use of your Bluebird Card or Sub-Account Card at an ATM is also subject to all applicable fees, surcharges, rules and customs of any clearinghouse, ATM network or other institution or association involved with the transaction.

When you register for Bluebird (in the case of a Bluebird Card) or after logging into the Website for the first time (in the case of a Sub-Account Card), you will set a PIN for your Card. The Card and PIN will be required to access cash at participating ATMs. Do not write or keep your PIN with your Card. If you believe your PIN has been compromised, or you otherwise need to request a change in your PIN, please immediately contact Customer Service.

d. Pre-Authorization Holds and Processing Delays

When you make a payment to a merchant using your Bluebird Account, Sub-Account or Card, you are providing that merchant with an authorization to process your payment and to complete your transaction. In certain instances, the payment processing may not occur immediately, and your payment will be "pending" during this time period.

In addition, when you make a payment to certain merchants for goods or services (typically gas stations, restaurants, rental car agencies, hotels, and similar merchants), we or the merchant may request an authorization for the amount of your anticipated transaction in advance and may estimate the final value of the transaction, which may be more than the amount of the actual transaction. For example, a restaurant may request an authorization for the estimated dining bill and for a tip. In such an event, we will place a temporary "hold" on the funds in your Bluebird Account or Sub-Account for the amount indicated by the merchant at the time the transaction is authorized, plus any applicable fees, but will release any funds in excess of the amount of the actual transaction promptly after the transaction finally settles. Until the transaction finally settles, the funds subject to the hold will not be available to you for other purposes.

e. Liability for Goods or Services Paid for Using Bluebird

Except as required by Applicable Law, we are not responsible for and do not have any liability for any goods or services purchased or paid for through Bluebird (whether by using a Card or otherwise), including if a product or a service you purchased is unsafe, is not delivered, breaks, is different than as represented, or otherwise does not meet your needs or expectations. If a problem arises with a product or service you purchased from a third party (e.g., a merchant), or if another User does not send funds you requested or are owed, you need to resolve your issue directly with the third party or other User.

The preceding paragraph does not override the Purchase Protection terms set forth below. Purchase Protection is underwritten by AMEX Assurance Company. We are not responsible for and are not liable under the Purchase Protection policy.

f. Returning Merchandise

If you wish to return any merchandise purchased with a Bluebird Account, Bluebird Card, Sub-Account or Sub-Account Card, you will be subject to the merchant's return policies. If the merchant agrees to issue a credit, such credit may take as long as seven (7) days or longer to post and be reflected as Available Funds. If you return merchandise that, when originally purchased, was subject to an offer or other promotion that resulted in a credit to your Bluebird Account or Sub-Account, any return of such merchandise will result in the credits being deducted from your Account or Sub-Account.

g. Responsibility for Use of and Cancellation of Cards

Other than as permitted by this Agreement, your Card is not transferable, and you agree not to permit any other person to use your Card. The Member must notify us to revoke permission for any person previously authorized to use a Sub-Account Card. If the Member tells us to revoke permission for another person to use a Sub-Account Card, we may cancel the Sub-Account Card issued to that person or take other actions in accordance with such instructions and this Agreement. The Member is wholly responsible for the authorized use of each Bluebird Card and Sub-Account Card linked to the Member's Account in accordance with this Agreement. Unless Applicable Law provides otherwise, the Member will be responsible for any use by a person who you authorized to use the Bluebird Card or Sub-Account Card, even if that person does not honor your instructions or disregards any limits on use that you communicated to that person.

h. Split-Tender Transactions

Depending upon the merchant's policy, you may be able to use your Card with another form of payment, such as cash, check or another card, to make a purchase. This is known as a "Split Tender Transaction." Where you want to make a purchase using a Split Tender Transaction, ask the cashier whether another form of payment will be accepted for the portion of the purchase for which you do not want to use your Card.

Policies on Split Tender Transactions vary by merchant. For example, some merchants may only allow you to use cash or check, but not another card, as the second form of payment. Some merchants do not permit a second form of payment at all. We do not guarantee that a merchant will permit a Split Tender Transaction.

i. Valid-Thru Date

Please note that each Card has a "valid thru" date on it. This "valid thru" date is the date through which your physical plastic card may be used, and is required to process purchases at merchants that require an expiration date for Card payments. Even if the "valid thru" date has passed on your Card, remember that the Available Funds and Total Balance in your Bluebird Account or Sub-Account remain unchanged and intact after such expiration. You may not use your Card after the "valid thru" date on the Card has passed. You should receive a replacement Card from us before your old Card's "valid thru" date passes. Once you receive your new Card, you should cut the old Card in half and throw it away. You can start using your new Card for permitted transactions and purchases as soon as you receive it in the mail and it is activated. If you do not receive a replacement card in a timely manner, please call Customer Service.

j. Transactions at Merchants

When you use your Card to make point of purchase transactions at participating merchant locations or through a merchant's online store, you will not be charged a fee by us for such transactions. However, the merchant or other third parties may impose additional fees for such transactions, which may be added to the cost of the transactions. For example, a merchant may impose a $1.00 fee for paying by a Card at the point of sale where permitted by Applicable Law.

In the event you do not have sufficient Available Funds in your Bluebird Account (or Sub-Account) at the time the point of sale transaction or online store transaction is initiated with your Card to cover the cost of the transaction and any applicable fees, the transaction will be declined, and you agree we have no responsibility in such event to cover the transaction and any applicable fees.

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6. Paying Bills

a. Pay Bills Service

The Member may use Bluebird's bill payment service ("Pay Bills") to make one-time payments from the Member's Bluebird Account to companies or individuals that the member selects ("Payees"), subject to the terms and conditions of this Agreement and the terms and conditions applicable to Pay Bills set forth at the Bluebird Site and the Bluebird Mobile Application.

Pay Bills can be accessed online at the Bluebird Site or via the Bluebird Mobile Application. The payment amount for each Pay Bills transaction requested by the Member will be debited from his or her Account immediately upon submission of the Pay Bills request.

Payments to Payees will be sent either by means of an Automated Clearing House ("ACH") or other electronic payment transaction or check drawn on our account or the account of our vendor and delivered via mail or courier. Payments will be processed and sent via ACH or mail/courier not later than the second business day after request. Payments via ACH will generally be credited on the next business day after processing. The actual delivery date of payments sent via check will depend on the mail/courier and is outside of our control. If a Payee fails to negotiate the check within 90 days, we will stop payment on the check and recredit the Account for the amount of the payment. If a check is returned to us prior to the end of the 90-day period, we will stop payment on the check and recredit the Account.

Please note:

Sub-Account Users are not currently eligible to use the Pay Bills service.

Payments via the Pay Bills Service are limited, in the aggregate to all Payees, to $10,000 per calendar month ($5,000 per calendar month in the case of Payments to Payees that are not listed on the pre-populated list displayed online at the Bluebird Site or via the Bluebird Mobile Application), and are subject to the Spend Money limits set forth in Section 17.b.

To assure timely payment of your bills, the Member must submit Pay Bills transaction requests and their Bluebird Account must have requisite Available Funds and be in good standing at least six (6) business days before the date payment is required to be made.

Prior to the cut-off time established by us with respect to each Payee (the "Cut-Off Time" in respect of such Payee), the Member may cancel a Pay Bills bill payment to a Payee by logging into the Member's Account, clicking on the "Pay Bills" tab and then clicking on the "Cancel Transaction" tab. After the Cut-Off Time, the Member may stop payment on bill payments sent via check (but not bill payments sent via an electronic payment transaction) at any time prior to a Payee's deposit of such check with their bank by Calling Customer Service. Prior to the applicable Cut-Off Time with respect to a scheduled payment to a Payee, "Edit Payment" and "Cancel Transaction" tabs will be displayed online next to the scheduled payment.

Pay Bills transaction requests can only be submitted for immediate processing.

We shall have no liability in the event we cannot complete a Pay Bills transaction due to insufficient funds in the Bluebird Account or the payment to the Payee being blocked for any reason.

We reserve the right, subject to Applicable Law, to change the amount of your Pay Bills transaction limits, limit, block or place a hold on certain types of transfers or transactions, limit, suspend or block transfers to particular persons, entities or recipients and/or suspend your access to the Pay Bills service, in our sole discretion.

b. Pay Bills Guarantee

We will bear responsibility for any late payment-related charges (up to a maximum of $50 per transaction) should a Pay Bills bill payment arrive after its due date, as long as the Member requested and scheduled the payment on the Pay Bills service at least six (6) business days prior to its due date and otherwise complied with the guidelines set forth at the Bluebird Website or Bluebird Mobile Application pertaining to Pay Bills and the terms of this Section 6.

Please note that due to circumstances beyond our control, particularly delays in the handling and posting of payments by Payees, some Pay Bills transactions may take longer to be credited by your Payee as "paid," and may be credited as "paid" after the "Arrival" date set forth in your Pay Bills transaction request confirmation. Our Pay Bills Guarantee does not cover input errors made by you or your Payees or charges related to your failure to initiate payments through the Pay Bills service at least six (6) business days prior to their due date. We cannot guaranty that check billers will accept or properly process payments from us. For example, when we mail a check, we provide the biller only your name, the account number you provided, and the information contained in the "memo" field you completed. If the biller needs more information than that (for example, if you did not provide a complete or correct account number), then your payment might not be properly applied. Please be aware that the information that you add to the "memo" field of Pay Bills is not read by us and cannot contain special payment instructions to us.

c. Accuracy of Information

You are responsible for the accuracy of all information you provide in connection with each Pay Bills transaction you initiate, including the identifying information of the recipient and the amount of the transaction.

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7. Bluebird Checks

a. Bluebird Checks

The Member, after activation of his or her Bluebird Card, may order and use Bluebird Checks ("Bluebird Checks" or "Checks") to make payments from the Member's Bluebird Account to third parties that the Member selects ("Payees"). Bluedbird Checks may not be used to make payments to the order of the Member, any Sub-Account User or “self.”

Your use of Bluebird Checks is subject to the terms and conditions of this Member Agreement, including the Spend Money limits set forth in Section 17.b, the terms and conditions applicable to Bluebird Checks set forth at the Website, and Applicable Law.

b. Ordering Bluebird Checks

Bluebird Checks can only be ordered online at the Bluebird Site. We charge fees for each order of fifty (50) or one hundred (100) Bluebird Checks, as provided in Section 17.a, but there is no fee associated with using Bluebird Checks.

You may only use Bluebird Checks ordered from us or from a vendor that we have authorized.

c. Pre-Authorization Required; Pre-Authorization Process

Bluebird Checks are different than standard personal checks. Each Bluebird Check must be pre-authorized prior to use, and in order to obtain pre-authorization, you must have Available Funds in your Bluebird Account in an amount at least equal to the Bluebird Check you wish to write. You must have sufficient Available Funds in your Bluebird Account at the time you obtain pre-authorization. Bluebird Checks that have not been pre-authorized will not be honored by us, regardless of whether there are sufficient Available Funds in your Bluebird Account to cover the amount of the Bluebird Check.

To pre-authorize a Bluebird Check, you must log in to your Bluebird Account online at the Bluebird Site or though the Bluebird Mobile Application, select the "pre-authorize a check" option, and provide the information requested, including Bluebird Check number, Bluebird Check amount and, for Checks in amounts greater than $2,000, additional information, including Payee name and address. We reserve the right to change the pre-authorization procedure at any time, without notice.

You can submit a pre-authorization request 24 hours a day, 7 days a week, except when our systems are unavailable for required maintenance or due to system outages. We are not responsible for any damages that may result from the unavailability of pre-authorization services for Bluebird Checks at any time.

Pre-authorization of Bluebird Checks in amounts of $2,000 or less will generally be provided immediately upon request, assuming sufficient Available Funds in your Bluebird Account. Pre-authorization of Bluebird Checks in amounts greater than $2,000 will generally take two to three business days to process, and may require confirmation of your pre-authorization request over the telephone and your provision of additional information. If we request additional information and you do not provide it within the timeframe requested, the pre-authorization may not be provided. If you need to make a payment greater than $2,000 in a short time-frame, consider using our Pay Bills feature or other means of payment.

The timeframes for providing pre-authorization in the preceding paragraph are estimates only. It may take longer to provide a pre-authorization.

We reserve the right, and shall not be liable to you for a determination, not to approve one or more of your pre-authorization requests with respect to Bluebird Checks for risk management, security or other reasons or if we suspect fraud.

Immediately upon pre-authorization of your Bluebird Check in an amount of $2,000 or less, your Available Balance will be decreased by the amount of the relevant Bluebird Check. For pre-authorization requests in respect of Bluebird Checks in amounts greater than $2,000, we will, upon receipt of your pre-authorization request and pending decisioning, hold funds in your Bluebird Account in an amount equal to the amount of the requested Bluebird Check, and debit your Available Balance in the amount of the relevant Bluebird Check upon pre-authorization (or release the hold on such funds in the event we make a determination not to approve the pre-authorization request). If your requested pre-authorization of a check is declined by us, you may not use that check or check number for a different or future pre-authorization request.

When we pre-authorize your Bluebird Check, we will provide you with an 8-digit Pre-Authorization Code. The Pre-Authorization Code must be written by you on the face of your Bluebird Check in the space indicated. The Payee of your Bluebird Check, by calling the telephone number on the face of your Bluebird Check and providing the Pre-Authorization Code and other Bluebird Check details, can verify that the Bluebird Check you have delivered to them was pre-authorized.

d. Stop Payment

You can stop payment on a Bluebird Check written on your Bluebird Account, but only before the Payee has confirmed the pre-authorization of the Bluebird Check or we have become legally obligated to pay the Check. Your Bluebird Account must be open in order to stop payment on a Bluebird Check.

To stop payment on a Bluebird Check, simply call Customer Service. After authentication, you must provide us with the Bluebird Check number and check amount so that we can identify the item. It may take up to one full business day from the time we receive this information until a stop payment order becomes effective. If the Bluebird Check is presented for payment before the stop payment order becomes effective, then we will likely honor the item.

Unless we have already paid the Bluebird Check, we will recredit your Bluebird Account for the amount of the Bluebird Check within one (1) business day of your stop payment order on the check becoming effective. We will also cancel the Pre-Authorization Code associated with the Bluebird Check for which you have stopped payment, and that Pre-Authorization Code and the physical check may not be used again. If you need to write a new Bluebird Check to the payee after you stop payment on a Bluebird Check, you will need to obtain a new Pre-Authorization Code.

e. Bluebird Check Pre-Authorizations Expire 180 Days After Provided

Each Pre-Authorization Code we provide will expire 180 days after we provide it, and if a related Bluebird Check is later presented for payment, we will dishonor it. Promptly after expiration of a Pre-Authorization Code, we will credit your Bluebird Account with Available Funds in an amount equal to the related Bluebird Check. Note that you might still be liable to the Payee for the amount of the Bluebird Check even after the Pre-Authorization Code expires.

Please note that the pre-authorization expires 180 days after we provide the pre-authorization; not 180 days after you write the Bluebird Check.

f. Accuracy of Information

You are responsible for the accuracy of all information you provide in connection with each pre-authorization request you initiate, including the identifying information of the Bluebird Check, the amount of the transaction and, if requested, the Payee name and address.

g. Protecting your Bluebird Checks

You must protect your Bluebird Checks and related information from theft and unauthorized use. You must write your Bluebird Checks in a way that prevents someone else from completing, altering, or adding to them without your authorization. If you become aware that any checks or other documents and information have been lost or stolen, you must notify us immediately. If you fail to do any of these things, you may be responsible for any losses that may result.

h. Incomplete, Future-Dated, or Conditional Bluebird Checks

You agree not to write a Bluebird Check that is incomplete, future-dated, or conditional (i.e., one that tries to limit the time or method of payment, such as "Void after 90 days" or "Valid only for $1,000 or less"). We have no duty to discover, observe, or comply with such checks. If we pay a conditional Bluebird Check, the conditions do not apply to us.

i. Limitation of Our Liability

We will not be liable for any losses which arise, directly or indirectly, in whole or in part, from our determination not to pre-authorize a check or honor a pre-authorized check for any reason, including causes beyond our control. In some instances, a properly pre-authorized Check that is presented may be declined if we receive incomplete or inaccurate information from the any of the banks involved in the collection process. Similarly, we may decline a properly pre-authorized Check when inaccurate or incomplete information prevents us from confirming that a specific Check was pre-authorized or if fraud is suspected.

If we dishonor a Bluebird Check, the Payee might impose a service fee or take legal actions against you as permitted by law. We are not responsible for any losses or costs that you incur as a result of a dishonor under the circumstances described in the preceding paragraph.

Please note:

Sub-Account Users are not currently eligible to use Bluebird Checks.

In order for a Bluebird Check to be pre-authorized, your Bluebird Account must have Available Funds at least equal to the amount of the Bluebird Check for which pre-authorization is requested at the time pre-authorization is requested and is provided.

You can stop payment on a Bluebird Check by calling Customer Service, but only before we have paid the check or become legally obligated to pay the Check, or the Payee has confirmed the pre-authorization status of the check.

Bluebird Check pre-authorization requests can only be submitted for immediate processing. We reserve the right, and shall not be responsible to you for a determination, not to approve one or more of your pre-authorization requests with respect to Bluebird Checks for risk management, security or other reasons or if we suspect fraud.  We shall have no liability in the event we cannot pre-authorize a Bluebird Check due to insufficient funds in your Bluebird Account or the payment to the Payee being blocked for any reason.

We reserve the right, in our sole discretion and subject to Applicable Law, to change the amount of your Bluebird Check transaction limits, limit, block or place a hold on certain types of transfers or transactions, limit, suspend or block payment by Bluebird Check to particular persons, entities or recipients and/or suspend your access to the Bluebird Checks feature, in our sole discretion.

You cannot use the routing and account numbers on a Bluebird Check to set up a Direct Deposit or recurring ACH payments To set up a Direct Deposit, use the routing and account numbers set forth on our Direct Deposit form.

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8. Sending Money to (and Requesting Money from) Other Users

a. Send Money Transactions; Limits

The Member may use Bluebird to send money to, and request money from, another User, subject to the payment of any fees that apply to your transaction and the terms and conditions of this Agreement. A Sub-Account User may send money to another User and request money from his or her own Master Accountholder, subject to the Send Money transaction limits the Master Accountholder sets for the Sub-Account, the payment of any fees that may apply to the transaction and the terms and conditions of this Agreement. "Send Money" and "Request Money" transactions can be conducted either via the Bluebird Site or the Bluebird Mobile Application. Payment to a merchant, business, or any type of commercial entity, or a payment (or request) sent in connection with the sale of goods or services or for payment on a debt or amount owed, is not an eligible use of Send Money and is prohibited (Pay Bills is the only currently approved means of sending payments to a merchant, business or other commercial entity via Bluebird).

Please note:

The Member and linked Sub-Account Users may, in the aggregate, Send Money in amounts not to exceed $2,500 per transaction and $2,500 per month, subject to the Spend Money limits set forth in Section17.b. We do not currently charge any fees for Send Money transactions.

Send Money transactions will be funded from and to the extent of Available Funds in the relevant Bluebird Account or Sub-Account or as otherwise provided in this Agreement.

We reserve the right, subject to Applicable Law, to change the amount of your Send Money transaction limits, limit, block, or place a hold on certain types of transfers or transactions and/or limit, suspend or block your transfers to particular persons, entities or recipients and/or suspend your access to the Send Money service, in our sole discretion.

The following table summarizes the Send Money and Request Money transactions that can be initiated by Members and Sub-Account Users:

  Receiver
  Member A Member B Sub-Account User A Sub-Account User B
Sender Member A   Yes Yes No
Member B Yes   No Yes
Sub-Account
User A
Yes Yes   No
Sub-Account
User B
Yes Yes No  
b. Send Money Authorizations

Each time you initiate or accept a Send Money transfer through Bluebird, you authorize us to debit or credit the relevant accounts on your behalf in accordance with your instructions and the terms and conditions of this Agreement. Your authorization permits us to complete the transfer (including deducting any applicable fees) and to correct any errors in the transfer, to the extent permitted by Applicable Law. You also authorize us to debit your Bluebird Account, Sub-Account(s), SetAside Account or any of your linked Add Funds Sources, if another User did not actually have sufficient good funds to pay for a transfer that was credited to you. All transfers must comply with Applicable Law.

c. Refused and Returned Send Money Transactions

In the event an intended recipient refuses or fails to accept your Send Money transaction, you agree that you will not hold us liable for any damages resulting from such refusal or failure. We will return to your Available Funds any Send Money transaction that has not been accepted by the recipient in accordance with the terms and conditions of this Agreement within seven (7) days after the date you initiated the Send Money transaction. Notwithstanding the foregoing, if the recipient informs us they are rejecting your Send Money transaction, then we will return such amount to your Available Funds promptly after being so informed.

d. Send Money Transactions to Non-Registered Users

If you initiate a Send Money transaction using Bluebird to a person who is not a registered User, a hold will be placed on the Available Funds in your Account or Sub-Account equal to the amount of the initiated transfer and any applicable fees. Provided the person to whom you are trying to transfer funds has not opted out of receiving e-mail communications from us, we will attempt to notify the person via e-mail about the process to become a registered User and claim the funds. If the person becomes a registered User within seven (7) days after you initiate the transfer, then the funds will be transferred to that person's Account and made available to the person in accordance with the terms and conditions of this Agreement. If the person does not become a registered User within such seven (7) day period, or if you notify us not to send the funds before the person becomes a registered User, we will return the funds to your Available Funds within three (3) business days after such event or notice.

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9. Receiving Money from Other Users

The Member may use Bluebird to request or receive money from another User, and a Sub-Account User may use Bluebird to request or receive money from the Member ("Receive Money"), subject to the payment of any fees that may apply to your transaction and the terms and conditions of this Agreement. Receive Money transactions may be conducted via the Bluebird Site or the Bluebird Mobile Application.

Please note:

No fee is currently imposed in connection with Receive Money Transactions conducted by Users or Sub-Account Users.

To the extent allowed by Applicable Law, we reserve the right to change the amount of your Receive Money transaction limits, limit, block, or place a hold on certain types of transfers or transactions and limit, suspend or block transfers from particular persons or entities and/or suspend your access to the Receive Money service in our sole discretion.

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10. Adding Funds to Your Bluebird Account

A Member may add funds to his or her Bluebird Account from any of the sources described in this Section 10, as well as via Receive Money, Adding Checks with the Mobile App, and Check by Mail (each such funding source, an "Add Funds Source," and each such funding transaction, an "Add Funds" transaction). Certain Add Funds Sources may only be used after the Member activates his or her Bluebird Card. We reserve the right to delay the availability of funds added to your Bluebird Account from your Add Funds Sources until such funds have cleared and posted to your Account, and we may change accepted Add Funds Sources and related tender types for the Bluebird Account at any time for legal, risk management, security or other purposes.

We reserve the right, subject to Applicable Law, to change the amount of your Add Funds transaction limits, limit, block, or place a hold on certain types of transfers or transactions, limit, suspend or block your transfers from particular Add Funds Sources, persons or entities and/or suspend your ability to Add Funds from any or all Add Funds Source(s), in our sole discretion.

Please note:

The aggregate amount of funds that may be added to a Bluebird Account and linked Sub-Accounts from all Add Funds Sources, exclusive of Direct Deposit and Check by Mail, may not exceed $10,000 per calendar month.

The aggregate amount of funds that may be added to a Bluebird Account and linked Sub-Accounts from all Add Funds Sources, inclusive of Direct Deposit and Check by Mail, may not exceed $100,000 per calendar year.

The Total Balance of your Bluebird Account and linked Sub-Accounts may not exceed $100,000 at any time.

The aggregate amount of funds that may be added to a Bluebird Account from a Bank Account may not exceed $10,000 per transaction and from a Debit Card may not exceed $100 per transaction, $100 per day, and $1,000 per month.

Funds may not be added directly to Sub-Accounts from Add Funds Sources. A Sub-Account can be funded only by a transfer of funds from the Master Accountholder's Bluebird Account to the linked Sub-Account.

YOU WILL NOT RECEIVE INTEREST ON FUNDS IN YOUR BLUEBIRD ACCOUNT OR SUB-ACCOUNTS.

a. Direct Deposit

A Member, after activation of his or her Bluebird card, may arrange to have all or part of his or her paycheck or any Federal or state government benefit or payment (e.g., Federal tax refunds or social security payment) transferred directly to the Member's Bluebird Account by the Member's employer or relevant government payer. To enroll, the Member will need to provide the Member's employer with the Direct Deposit enrollment form available on the Bluebird Site or any alternate or additional form requested by the Member's employer. In the case of government payments, the Member will need to provide the account and routing numbers on our Direct Deposit form to the government payer. Funds transferred via Direct Deposit generally will be available on the day we receive the transfer, and you may review your periodic statements or transaction history on the Bluebird Site or call Customer Service to verify that each Direct Deposit has been received. We reserve the right to accept, reject or limit transfers via Direct Deposit in our sole discretion. If you wish to cancel Direct Deposits, you must contact your employer.

Please note:

To assist in the prevention of fraud in connection with tax refunds, we require that (i) the name and social security number associated with each refund payment must match the name and social security number associated with your Bluebird Account, (ii) no more than two (2) tax refunds may be added to a Bluebird Account via Direct Deposit per calendar year and (iii) in the case of joint tax returns, the first name and social security number associated with the refund payment must be the name and social security number of the Bluebird Member.

Payments by the U.S. Government in the form of paper checks may be added to a Bluebird Account though the Member's use of Bluebird's Adding Checks with the Mobile App service, as further described in Section 11.

To avoid disruption of your Direct Deposits, please ensure that the aggregate Add Funds transaction and Total Balance limits of the Bluebird Account are not exceeded.

We do not charge any fees to set up or maintain Direct Deposit.


b. Bank Account

A Member, after activation of his or her Bluebird Card, may link an eligible consumer checking or savings account held by the Member at a U.S. financial institution ("Bank Account") to his or her Bluebird Account online at the Bluebird Site or via the Bluebird Mobile Application and transfer funds from the Bank Account to the Account from time to time by means of an Automated Clearing House ("ACH") transaction(s). The Member may also return funds from the Member's Bluebird Account to the Member's Bank Account. By linking a Bank Account (i) you represent that you are the owner of the Bank Account and, if there are additional owners, you are authorized by them to withdraw or add funds and take all other actions required or permitted by this Agreement, and (ii) you provide the ACH Authorization and Agreement set forth below. If you choose to link a Bank Account, please note that the financial institution holding the Bank Account might have limits on transactions that may be performed using a savings account and/or checking account. You should review your account agreement with the financial institution that holds your Bank Account to determine any applicable limitations it will impose on the use of your Bank Account to Add Funds to or withdraw money from your Account.

Please Note:

The transfer of funds to and from your Bluebird Account from a linked Bank Account are subject to the Add Funds and Spend Money limits set forth in Section 17.b.

Funds added to your Bluebird Account from your linked Bank Account will generally be available within five (5) business days after initiation of transfer.

  1. ACH Authorization and Agreement: By supplying your Bank Account number(s) to us via the Bluebird Site or Bluebird Mobile Application in connection with your election to Add Funds to or withdraw money from your Account from time to time through a Bank Account, you provide this ACH Authorization and Agreement ("ACH Authorization and Agreement") and certify and agree as follows: (i) you are the owner of the Bank Account(s) whose number(s) you have supplied and designated as an Add Funds Source for your Account, such Bank Account(s) is/are a consumer account(s) and you are authorized to make withdrawals from it/them and credits to it/them without the approval or participation of anyone else; and (ii) you authorize us to initiate credit or debit entries to your Bank Account(s) from time to time until your Bluebird Account is closed and no further credits or debits are authorized or permitted under this Agreement.

    You acknowledge and agree that (i) the origination of ACH transactions to and from your Bluebird Account, and as applicable Sub-Account, must comply with the provisions of Applicable Law, and (ii) you will receive at the primary e-mail address of record you have provided via the Bluebird Site any required notices of variations in the amount or timing of debits or credits to your linked Bank Account(s).

    Your ACH Authorization and Agreement is a continuing one that will remain in full force and effect until you cancel this ACH Authorization and Agreement by unlinking your linked Bank Account(s) by logging into your Account on the Bluebird Site and removing the relevant Bank Account. You agree to do so in time for us to have a reasonable opportunity to act on your cancellation and you understand that you may only give notice of cancellation of this ACH Authorization and Agreement by unlinking your linked Bank Account(s) by logging onto your Bluebird Account on the Bluebird Site, and failure to do so will void your notice of cancellation.

    You understand that, to the extent permitted by Applicable Law, you will be deemed to have signed this ACH Authorization and Agreement by entering your Bank Account number(s) on the Bluebird Site as a symbol of your signature. You authorize us to date this ACH Authorization and Agreement as of the date you submit your Bank Account number(s) and you agree to print and save a copy of this ACH Authorization and Agreement.

  2. Account Verification: When you provide us with your Bank Account information, and as a condition to your using such Bank Account as an Add Funds Source, we will verify your identity, authority and/or access to the Bank Account you identify. Subject to availability, there are two account verification options available to choose from when you choose to link a Bank Account: trial deposit and Instant Account Verification. In the trial deposit option, we will make two small deposits to the Bank Account you identified. After receiving these deposits, you will need to log into your Bluebird Account and verify the amounts of these deposits. If you choose the Instant Account Verification option, we will attempt to instantly verify your access to the Bank Account you chose to link by having you supply us with your login credentials for such Bank Account. In order to proceed with the Instant Account Verification option, you will be required to review and agree to and accept the Instant Account Verification Terms and Conditions ( as made available to you on the Bluebird Site). Please note that the Instant Account Verification Service feature is not available when you initiate a transaction or attempt to link a Bank Account through the Bluebird Mobile Application.

c. Debit Card

A Member, after activation of his or her Bluebird Account, may add funds to his or her Account by accessing the Bluebird Site or the Bluebird Mobile Application or calling Customer Service and linking a valid debit card ("Debit Card") issued in the Member's name. The debit card you link to your Account must be issued by a U.S. financial institution or entity and may not already be linked to another User's Account. Funds added to your Bluebird Account from your debit card are generally available immediately after completion of the transaction.

By supplying your debit card details to us in connection with your election to add funds to your Bluebird Account from time to time through your debit card, you certify and agree as follows: (i) you are the owner of the debit card whose number and other details you have supplied and designated as an Add Funds Source for your Account; and (ii) you authorize us to initiate debit and credit transactions to your debit card from time to time until your Bluebird Account is closed and no further debits and credits are authorized or permitted under this Agreement, and (iii) you agree NOT to transfer funds from your Bluebird Account to your linked Debit Card.

We may take actions to authenticate your address, identity or authority to use the debit card you identify as an Add Funds Source at any time. We are not responsible if linking and conducting a transaction from a debit card to your Bluebird Account results in an overdraft, over-limit, non-sufficient funds, or any other fee(s) or charge(s) associated with such transaction that may be charged by the financial institution or entity that issues you that debit card. Your debit card-issuing bank may charge you a cash advance fee when adding funds to the Bluebird Account via debit card. Please carefully inspect your debit card transaction statements, and if such charges arise, contact your debit card bank for appropriate disposition.

Please note:

The aggregate amount of funds you may add to the Account from your Debit Card may not exceed $100 per day and $1,000 per month, subject to additional limits in circumstances in which we have not verified all of the identity and other personal information you have provided, and further subject to the Spend Money limits set forth in Section 17.b.

d. Cash Funding

A Member may add funds to his or her Bluebird Account by using a Vanilla Reload Network® Reload Pack (a "Reload Pack") by presenting his or her Card and cash or other acceptable tender at a participating retailer (a "Swipe Reload"), or by using other cash funding sources and methods accepted by us from time to time (collectively, "Cash Funding Sources").

We reserve the right to delay the availability of funds added to your Bluebird Account from any of these Cash Funding Sources until such funds have cleared and posted to your Account, although such funds will generally post within thirty (30) minutes of the funding transaction. We may change accepted tender types and funding methods for the Account at any time for legal, risk management, security or other purposes.

Please note:

Cash Funding Sources are services and products provided by third parties. Even though we allow the use of these Cash Funding Sources to Add Funds to your Bluebird Account, we do not provide these services or products and are not responsible for any service issues that arise with them. Use of a Cash Funding Source is subject to the terms and conditions established by the provider of the Cash Funding Source.

Although American Express does not charge any fees in connection with your Adding Funds to your Account via Cash Funding Sources, the third parties providing such Cash Funding Sources may charge fees for their products and services.

Each transaction using Swipe Reload must be at least $1. Each transaction using other Cash Funding Sources must be at least $20.00. The maximum amount of funds you may add to your Account via Cash Funding Sources is $1,000 on any day and $5,000 in any calendar month, subject to the Spend Money limits set forth in Section 17.b.

Cash Funding Sources cannot be used to add funds directly to a Sub-Account.

In order to Add Funds to your Bluebird Account using a Reload Pack, simply purchase a Reload Pack with cash (or other accepted tender) at a participating retailer in the amount you want added to your Account, subject to the limits set forth above and any additional limits set by the provider/issuer of the Reload Pack or the participating retailer. Follow the instructions on the Reload Pack package. For Vanilla Reload Network® Reload Packs, call 1-877-429-8140 or go to vanillareload.com and provide the information required, including information that identifies your Account, including your Bluebird Card number. You must add the full value of each Reload Pack to your Account; partial loads are not permitted.

In order to Add Funds to your Bluebird Account via "Swipe Reload," simply present your Bluebird Card and cash (or other accepted tender type) at a participating retailer. Your Bluebird Card will be "swiped" and funds added to your Account.

When you attempt to Add Funds to your Bluebird Account via a Cash Funding Source, we will notify you via e-mail when the transaction is completed successfully. You may also view any approved transactions by logging into your Account on the Bluebird Site or via the Bluebird Mobile Application.

e. Recurring Payments to Your Account

A Member, after activation of his or her Bluebird Card, may pre-authorize recurring transfers to his or her Bluebird Account from a linked Bank Account or Debit Card.

You may establish automatic periodic funding onto your Bluebird Account from your Bank Account or Debit Card by directing us to initiate periodic funds transfers from your Bank Account or Debit Card. If you choose automatic periodic funding, each time a new period occurs, we will automatically transfer funds (assuming there are available funds in the Bank Account or Debit Card you select) in the amount you establish into your Bluebird Account from the Add Funds Source selected to perform this automatic periodic funding.

If you choose automatic replenishment funding, each time your Bluebird Account balance falls below the pre-set balance of your choosing, we will automatically transfer funds (assuming there are available funds in the Bank Account or Debit Card you select) in the amount you establish into your Bluebird Account from the Add Funds Source selected to perform this automatic replenishment funding.

Except as otherwise required by Applicable Law, funds transferred via the automatic funding option may not be immediately available and are subject to the restrictions and limitations set forth in this Agreement, including but not limited to, all applicable fees and transaction limits on your Account. You may also click on the "Main Account" tab on the Bluebird Site, consult your periodic Account statement or call Customer Service to see if the funds have been transferred to your Account. If you instruct a third party to send pre-authorized transfers to your Bluebird Account at least once every sixty (60) days, the person or entity making the transfer should notify you if the transfer does not occur. You may also click on the "Main Account" tab on the Bluebird Site, consult your periodic Account statement or call Customer Service to see if the funds have been transferred to your Account.

f. Check by Mail

A Member, after activation of his or her Bluebird Card, may add funds to his or her Bluebird Account by mailing us a check that is made out to the Member ("Check by Mail"; the check(s) you send to us via Check by Mail being referred to as "Check(s)").

How to Add Funds via Check by Mail

To add funds to your Bluebird Account via Check by Mail, simply endorse the back of the Check with your signature, write your 15-digit Bluebird Card number underneath your signature, and mail it to:
American Express, Bluebird
PO Box 31900
Salt Lake City, UT 84131

Be sure that the check is payable to the Member's name as it appears on your Bluebird Card, and be sure to write your Bluebird Card number under your signature endorsement on the back of the check so that we know where to credit the Check. If any Check you deliver to us via Check by Mail is not endorsed, you authorize us to endorse it for you, with the same effect as if you had endorsed the check yourself.

Checks Are Accepted in Our Sole Discretion

Checks delivered to us via Check by Mail are accepted in our sole discretion. We reserve the right to refuse, return or limit the amount of any Check you send to us for crediting to your Bluebird Account, and will not be liable to you for any such refusal, return or limit. We will only accept Checks payable to the order and name of the Member as it appears on your Bluebird Account.

We may return a Check delivered via Check by Mail if it does not meet our requirements, including if:

  • The Member is not the payee of the Check;
  • The Check is not signed by the payer;
  • The date on the Check is in the future or is more than six months in the past;
  • The check is a starter check without a name, savings bond or money order, traveler's cheque not issued by American Express, or a previously deposited check;
  • The check is drawn on a non-U.S. bank or payable in a foreign currency;
  • You do not provide us with your Bluebird Card number;
  • The Check is written to two or more people; or
  • We do not otherwise accept the type of Check you have mailed to us.

Funds Availability

Funds from eligible Checks that are $5,000 or less will generally be available to you as Available Funds in your Bluebird Account on the fifth business day (up to eight calendar days, not including holidays) after we have received your Check, and funds from eligible Checks that are greater than $5,000 will generally be available on the seventh business day (up to two weeks, not including holidays) after we have received your Check, unless the relevant Check is dishonored or returned unpaid or we receive other adverse notice or communication or make an adverse determination with respect to the Check, in which event we will send an e-mail to you, informing you as to whether and when funds will be available to you or the Check will be rejected and returned.

In some cases, we may not make funds from your Check by Mail transactions available in accordance with this general policy. Should this occur, an electronic communication will be sent to you, informing you as to when your funds will be available to you. In the event we receive a Check where we have reason to doubt the collectability of that Check Image, we may delay the availability of funds for a reasonable period of time until the item is either paid or returned. In such cases, we will notify you of this action. We may require, as a condition to processing any Check, that you verify or provide us with additional information in connection with that Check. You agree that we have no obligation to make funds related to any Check you send to us available to you until we receive related funds from our bank.

We are not a bank. When we receive a Check from you via check by Mail, we will deposit it into a custodial account in our name at a financial institution. Our only responsibility in this regard is to act with reasonable care. We will not be liable for the lack of care of any bank we use to collect Checks, or for Checks lost while being shipped. We may send Checks to any bank or directly to any non-bank drawee in our customary manner. We may agree with banks regarding times and methods for collecting or returning items. If we lose a Check, you agree to use reasonable efforts to help us locate or replace the lost check.

Although we attempt to identify and prevent fraudulent transactions, we have no duty to you to determine whether any Check you send us is forged, counterfeit, altered, improperly endorsed, or otherwise improper.

Use of Check by Mail

Your use of Check by Mail is subject to the Check by Mail transaction limits described below, the payment of any fees that apply to your Check by Mail transaction, and the terms and conditions of this Member Agreement and Applicable Law

We reserve the right, subject to Applicable law, to change the amount of your Check by Mail transaction limits or impose additional limits, limit, block or place a hold on certain Check by Mail transactions and/or limit, suspend or block your use of Check by Mail in our sole discretion. In particular, we reserve the right to limit, suspend or block your use of Check by Mail for risk and fraud management reasons, including in the event multiple Checks you send us via Check by Mail are returned unpaid or otherwise require our repayment.

Check by Mail Transaction Limits

Your use of Check by Mail is subject to the Add Money limits set forth in Section 17.b.

Our right to Debit Your Bluebird Account in Respect of Checks

If we make funds from a Check you deliver to us via Check by Mail available to you, that does not mean that the Check you delivered to us "is good," has cleared or has been finally paid by the paying bank. It is possible that we will be required to repay the amount of the Check to the paying bank. This might happen if, for example, an electronic image of the same Check is also presented for payment to the paying bank. We might be required to repay the bank months after we made the related funds available to you in your Bluebird Account and you have withdrawn or otherwise used them.

If you add funds to your Bluebird Account via Check by Mail and we are notified that the Check will be returned unpaid or a bank demands that we repay them for the Check for any reason, we may deduct the amount of the Check from your Bluebird Account (to the extent we previously credited your Bluebird Account in respect of such Check), even if doing so creates a negative balance in your Bluebird Account. We may deduct the amount from your Bluebird Account whether the physical Check or a related substitute check is returned to us or not, and whether we can return the item or a copy to you or not. If a Check is returned, we will notify you by e-mail but are not required to give you next-day notice. We may place a hold on or charge your Bluebird Account for any Check added to your Bluebird Account via Check by Mail if a claim is made or we otherwise have reason to believe that the Check or other item was altered, forged, unauthorized, has a missing signature, a missing or forged endorsement, or should not have been paid, or may not be paid, or for any other reason. When the claim is finally resolved, we will either release the hold or deduct from your Bluebird Account the amount of the Check.

Substitute Checks

To make check processing faster, federal law permits banks to replace original checks with "substitute checks." These checks are similar in size to original checks, with a reduced image of the front and back of the original check. The front of a substitute check states: "This is a legal copy of your check. You can use it the same way you would use the original check." You may use a substitute check as proof of payment just like the original check.

Some or all of the Checks that you receive back from us may be substitute checks.

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11. Adding Checks to Your Bluebird Account with the Mobile App

A Member, after activation of his or her Bluebird Card, may use Bluebird's Add Checks with the Mobile App service ("Adding Checks with the Mobile App") to Add Funds to his or her Account by endorsing and delivering to us an Eligible Check (defined below) remotely using the Bluebird Mobile Application (a "Adding Checks with the Mobile App transaction"). When conducting a Adding Checks with the Mobile App transaction, the Member will use the Bluebird Mobile Application and their smartphone's camera to capture images of an Eligible Check (defined below) and transmit those images and associated information electronically to us or to our processor, Certegy Check Services, Inc. (our "Processor"). In this Agreement, the image and associated information transmitted electronically to us or our Processor are called, collectively, the "Check Image." The paper instrument to which the Check Image relates is called the "Original Check."

We will credit the amount of each Check Image accepted by us in accordance with our Adding Checks with the Mobile App funds availability policies below. Once transmitted to us, the Check Image is an "item" for purposes of Article 4 of the Uniform Commercial Code.

Adding Checks with the Mobile App can be accessed solely via the Bluebird Mobile Application. In order to use Adding Checks with the Mobile App, you must obtain and maintain, at your own cost, a smartphone upon which the Bluebird Mobile Application can be installed. We assume no responsibility for defects, failures, or incompatibility with Adding Checks with the Mobile App of your smartphone or other hardware or software used in connection with Adding Checks with the Mobile App, including any third party software you may need to use Adding Checks with the Mobile App. We have no obligation to make the Bluebird Mobile Application, or the Adding Checks with the Mobile App functionality within the Bluebird Mobile Application, available on any particular device. We may disable the Adding Checks with the Mobile App functionality within the Bluebird Mobile Application on any mobile device in our sole discretion. We might do this if we have concerns about the security of information transmitted through such mobile device.

Your use of Adding Checks with the Mobile App is subject to the Adding Checks with the Mobile App transaction limits described below, the payment of any fees that may apply to your Adding Checks with the Mobile App transaction, and the terms and conditions of this Member Agreement and Applicable Law.

Adding Checks with the Mobile App Transaction Limits

Subject to the overall Add Funds limits set forth in Section 17.b, the following additional limits apply to your Add Funds transactions using Adding Checks with the Mobile App:

Please note:

You may not submit Check Image(s) through Adding Checks with the Mobile App with a total value that exceeds $2,000 on any day and $10,000 in any calendar month, subject to the Add Funds limits set forth in Section 17.b.

We reserve the right, subject to Applicable Law, to change the amount of your Adding Checks with the Mobile App transaction limits or impose additional limits, limit, block, or place a hold on certain types of Adding Checks with the Mobile App transactions and/or limit, suspend or block your transmission of Check Images from particular persons or entities in our sole discretion.

Eligible Checks; Certain Checks Not Permitted

You agree that you will use Adding Checks with the Mobile App to Add Funds to your Bluebird Account only by delivering to us "Eligible Checks."

Eligible Checks are the following:

  1. Negotiable demand drafts drawn on or payable through or at an office of a bank in the United States, a Federal Reserve Bank or a Federal Home Loan Bank, or the Treasury of the United States; and
  2. U.S. Dollar travelers cheques issued by American Express Travel Related Services Company, Inc.
  3. Eligible Checks must contain (i) the MICR number (i.e., the series of numbers at the bottom of the Eligible Check that identifies the account number that the check is to be drawn from and the routing number of the bank), check number and name, street address and zip code of the payer commercially imprinted on the Original Check and (ii) the Member's name as payee imprinted or legibly written in ink on the Original Check. Only items that are payable to the Member individually (and not to the Member and another person) are Eligible Checks.
  4. Eligible Checks does not include, and you may not use Adding Checks with the Mobile App to Add Funds to your Bluebird Account by delivering to us, any check or other item that:
    1. is payable to any person or entity other than the Member, even if it has been endorsed over to the Member;
    2. is drawn on another account owned by the Member;
    3. is a demand draft or a remotely created check (i.e., a check lacking the original signature of the person authorizing the check);
    4. you know or suspect (or should know or suspect) is fraudulent or otherwise not authorized by the owner of the bank account on which the check is drawn;
    5. has been previously cashed or deposited (either in its original paper form or electronically) or submitted for collection and returned unpaid for any reason;
    6. is post-dated or more than 6 months old;
    7. is payable to "cash";
    8. is a U.S. Savings Bond, money order, cashier's check or travelers cheque other than a U.S. Dollar-denominated American Express Travelers Cheque;
    9. is irregular in any way (such as including different written and numerical amounts or a nonexistent date) or contains erasures or alterations;
    10. does not bear the original signature of the person on whose account the check is drawn;
    11. is drawn on a financial institution that is located outside of the United States or payable in a foreign currency;
    12. is a "substitute check" (that is, a paper check created from an electronic image in accordance with the requirements of Federal Reserve Regulation CC);
    13. is prohibited by, or received in violation of, any law, rule or regulation; or
    14. exceeds the per transaction and aggregate limits for Adding Checks with the Mobile App transactions.

The fact that we or our Processor accepts any of the types of items described above in an Adding Checks with the Mobile App transaction shall not obligate us to accept any of the items described above in any future Adding Checks with the Mobile App transaction, and we may stop doing so without prior notice. Additionally, we may refuse any Check Image submitted for Adding Checks with the Mobile App transaction at any time, with or without cause.

Check Endorsement Requirement

Prior to capturing and transmitting any check through Adding Checks with the Mobile App, the Member agrees to endorse the Original Check by signing the Member's name on the back of the check, or as otherwise instructed by us. The Member's endorsement may not contain any limiting language, such as designating a specific person to whom the check is to be paid, indicating the check is endorsed for deposit only, or otherwise restricting further transfer or negotiation of the item. The Member agrees to follow all other instructions provided to the Member by us for capturing and transmitting Check Images and associated information via Adding Checks with the Mobile App.

Representation and Warranties and Indemnification

You represent and warrant the following with respect to each Check Image that you transmit to us through Adding Checks with the Mobile App :

  1. the amount of the Original Check and any other information that you entered into the Bluebird Mobile Application accurately reflects the Original Check;
  2. the Check Image is of an Eligible Check, and you have the right to enforce the Original Check;
  3. the Check Image is an accurate representation of the front and the back of the Original Check, including all endorsements, at the time of transmission, without erasures or alterations, and you have not taken any action that would obscure, alter or impair the capture or transmission of information on the front and back of the Original Check;
  4. you make all warranties that would otherwise apply with respect to the Original Check if you had negotiated the Original Check to us by endorsement and transfer of possession;
  5. you have not previously cashed, deposited, or transferred the Original Check, any image of the Original Check, or any substitute check for the Original Check;
  6. Neither the Receiving Bank nor any other person will receive a transfer, presentment or return of, or otherwise be charged for, the Check Image, the Original Check, or a paper or electronic representation of the Original Check such that the person will be asked to make a payment based on an item that it already has paid;
  7. you will not create or submit duplicate images of the Original Check represented by the Check Image, nor will you deposit or transfer the Original Check or any substitute check for the Original Check unless and until we inform you that the Check Image associated with that Original Check has been rejected by us or cannot otherwise be processed.

You agree to indemnify and hold harmless us and our vendors and licensees from and against any and all actions, proceedings, liabilities, losses, costs (including attorneys' fees), penalties and claims, including, without limitation, warranty claims, that result from or arise in connection with (i) our processing of Check Images provided by you in accordance with the terms of this Member Agreement, (ii) your breach of warranty or failure to comply with the terms of this Member Agreement pertaining to Adding Checks with the Mobile App transactions, (iii) any claim by a recipient of an Eligible Check, an image of the Original, or substitute check of the Original Check that the recipient incurred a loss due to the receipt of an image cash letter or substitute check instead of the Original Check; and (iv) multiple payments with respect to the Original Check.

Hours; Cutoff Time

A Member may initiate Add Funds transactions to the Member's Bluebird Account using Adding Checks with the Mobile App 24 hours a day, 7 days a week, except when the system is unavailable for required maintenance or due to system outages. We are not responsible for the unavailability of Adding Checks with the Mobile App or any damages that may result from its unavailability.

Check Images received for processing by us before 8:00 p.m. ET on a business day will begin processing on the next business day. Check Images received for processing by us after 8:00 p.m. ET on a business day or on a day other than a business day will begin processing on the second succeeding business day.

Confirmation of Receipt of Check Image and Acceptance for Processing

Once the Check Image is successfully transmitted to us or our Processor, it may be reviewed by us or our agents before it is accepted by us for processing. If, upon review of the Check Image, we determine that the Check Image does not conform to this Agreement or to our risk, security and other guidelines or is otherwise not usable, or that the Original Check is not an Eligible Check or that the representations you have made with respect to the Original Check or Check Image are or may be untrue in any material respect, we may reject and determine not to process and provide value for the check notwithstanding any earlier confirmation by us of receipt of the Check Image. Should this occur, we may adjust any provisional credit given to your Bluebird Account and you will be provided a notice (or provided the opportunity to request and receive a notice) setting forth the reasons why the check was rejected.

If the Check Image is accepted by us for processing, you will receive an electronic confirmation of such fact.

By transmitting a Check Image to us through Adding Checks with the Mobile App, you authorize us and our Processor to contact you, including via e-mail and the mobile telephone number you have most recently provided us in respect of your Bluebird Account, regarding any processing issue or collection effort with respect to such Check Image.

Retention and Destruction of Original Checks

You will receive an electronic confirmation from us when the Check Image that you have transmitted via Adding Checks with the Mobile App has been accepted for processing (or alternatively, an electronic notice that such image has not been accepted for processing, setting forth the reason we could not accept your check for processing). You agree (i) to retain and safeguard the Original Check until you have received notification from us that the funds associated with such Check Image have been added to your Bluebird Account and you have verified that such funds have been added to your Bluebird Account and (ii) after you have verified that the funds associated with such Check Image have been added to your Bluebird Account, to mark the front of the Original Check "VOID" and then destroy the Original Check.

Availability of Funds

Funds related to any Check Image you transmit to us via Adding Checks with the Mobile App will generally be available to you as Available Funds in your Bluebird Account six (6) business days after we commence processing such Check Image, unless after commencement of processing and prior to the general funds availability date, the Check Image is dishonored or returned unpaid or we receive other adverse notice or communication or make an adverse determination, in which event we will send an electronic communication to you, informing you as to whether and when funds will be available to you or your transmission will be rejected. In some cases, we may not make funds from your Adding Checks with the Mobile App transactions available in accordance with this general policy. Should this occur, an electronic communication will be sent to you, informing you as to when your funds will be available to you. In the event we receive a Check Image where we have reason to doubt the collectability of that Check Image, we may delay the availability of funds for a reasonable period of time until the item is either paid or returned. In such cases, we will notify you of this action. You agree that we have no obligation to make funds related to any Check Image you transmit to us available until we receive related funds from our bank. Please note that business days exclude weekends and bank holidays.

Use of Consumer Reports

By submitting a Check Image to us via Adding Checks with the Mobile App, you authorize us or our designee to obtain a consumer report or other report in respect of the transaction from consumer reporting agencies or companies that maintain check databases, and to furnish information regarding your Check Image to consumer reporting agencies consulted by us. We may use these reports, and other information available to us, to assess your eligibility or the eligibility of the Check Image for processing via Adding Checks with the Mobile App. The eligibility criteria we apply will be established in our sole discretion, and may change from time to time without notice to you. If we determine that your Check Image is not eligible for Adding Checks with the Mobile App, we will notify you through the Bluebird Mobile Application. You will be given the opportunity to cancel the Adding Checks with the Mobile App transaction.

We will make an eligibility assessment, and obtain a consumer or other report on you, each time that you transmit a Check Image via Adding Checks with the Mobile App.

Returned Items and Right of Chargeback

If, after we have credited funds to your Bluebird Account, any Check Image you transmit to us as part of an Adding Checks with the Mobile App transaction is dishonored or otherwise returned unpaid by the institution upon which it is drawn, or if we have otherwise over-credited your Account in respect of an Adding Checks with the Mobile App transaction, your Bluebird Account will be charged back the amount of the Check Image (or the amount of the overcredit) in addition to any applicable fees. If any Check Image you transmit to us as part of an Adding Checks with the Mobile App transaction is returned due to insufficient or uncollected funds, our Processor may charge you (and you authorize our Processor to collect from you) the maximum related service fee allowed by law.

Limitation on Our Liability

We will not be liable for any losses which arise, directly or indirectly, in whole or in part, from your negligence, omissions or breach of this Agreement, any error, omission or delay in your transmission of any Check Image, any error or delay due to telecommunications or systems failure or the unavailability of Adding Checks with the Mobile App due to other causes beyond our reasonable control, or the return of any check by the institution upon which it is drawn.

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12. Bluebird Mobile Application; Text Messaging

a. Bluebird Mobile Application

The Bluebird Mobile Application allows you to use your mobile device to manage your Account and send, request, and receive payments through Bluebird. The Bluebird Mobile Application may not work with all mobile devices (it is currently available only for U.S. wireless telephone numbers), and not all functionalities of Bluebird are available on mobile devices or through the Bluebird Mobile Application. The Bluebird Mobile Application does not permit or support currency conversion and is subject to the Send and Receive Money and other transaction limits the Master Accountholder sets for a Sub-Account. If you use the Bluebird Mobile Application, you are solely responsible for any fees that your wireless service provider or other third party charges, such as fees for messages and data services. Your wireless service provider is not the provider of the Bluebird Mobile Application or Bluebird, and we are not responsible for the hardware and/or mobile device you use in downloading and using the Bluebird Mobile Application, or for any third party software you may need to use the Mobile Application. Any third party software is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at the time of download and installation.

b. Text Messaging

In order to receive text messages from us (e.g., about your Bluebird Account or Sub-Account, offers and news about Bluebird, etc.) or use certain features of Bluebird that we may make available that require the use of text messaging, you must (i) opt in to the short message service or SMS, program ("SMS Service") on the Bluebird Site and (ii) expressly consent to receive text messages from us.

If you have successfully registered for and opted in to the SMS Service (which requires, among other things, successfully verifying the U.S. wireless telephone number(s) you wish to use in connection with your use of the SMS Service), you understand that you will receive text messages in connection with your use of the SMS Service to, among other things, provide you with the information you request, and otherwise in connection with certain transactions initiated by you, or initiated by other Users that wish to transact with you, via SMS (e.g., by sending to you, or requesting from you, money). In addition to those messages, you understand that, as part of the SMS Service, you also may receive error messages, confirmatory messages and other similar administrative messages from us via text at your U.S. wireless telephone number(s) you have provided for such purposes. Message frequency varies by Account, by transaction volume, and by preferences selected.

You understand that your wireless service provider's message and data rates may apply to text messages sent and received in connection with Bluebird (including, without limitation, any error messages, confirmatory messages or other administrative messages that you may receive in connection with your use of Bluebird), and may appear on your wireless service provider's bill or be deducted from your pre-paid wireless balance.

You may cancel your enrollment in the SMS Service at any time by replying "STOP" to any text message you receive from us, by texting "STOP" to 22473, or by logging into your Account or Sub-Account via the Bluebird Site or via the Bluebird Mobile Application and cancelling enrollment, and you understand that, for your protection, you may receive a text message on your U.S. wireless telephone number confirming your cancellation. If you require information or assistance, reply "HELP" to any text message you receive from us or text "HELP" to 22473, or call Customer Service.

Sub-Account Users may opt in to receive the SMS Service only if the Member has granted permission to the Sub-Account for this feature.

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13. Sub-Accounts

Bluebird has a feature that offers the Member the ability to open and maintain one or more sub-accounts (each a "Sub-Account") connected to the Bluebird Account that the Member can control and transfer money into (and out of) for use by Sub-Account Users who meet the eligibility requirements of this feature.

Only a Member with a valid Bluebird Account in good standing (meaning your Account is not presently subject to an open/pending investigation and you are not in violation of this Agreement or any other agreement we have with you) may open and maintain Sub-Account(s) and receive Sub-Account Card(s) linked to the Sub-Account(s).

By opening a Sub-Account, the Member, as Master Accountholder, consents to and agrees to be fully liable and responsible for all of the Sub-Account User's transactions, actions, obligations, uses and liability related to the Sub-Account, any Sub-Account Card issued for that linked Sub-Account, the Sub-Account User's use of Bluebird at any websites, and all other obligations of the Sub-Account User related to the Sub-Account or Sub-Account Card, including those obligations set forth in this Agreement.

At present, a Member may open and maintain up to four (4) Sub-Accounts at any time. There may be only one Sub-Account User for each Sub-Account. We reserve the right, in our sole discretion at any time, to limit the number of Sub-Accounts the Member may maintain with Bluebird.

The Member may open and maintain Sub-Accounts for Sub-Account Users who are at least eighteen (18) years of age and reside in the U.S.; provided, that where the Member is an individual's parent or legal guardian or has the appropriate consent from that individual's parent or guardian, the Member may open and maintain Sub-Accounts for Sub-Account Users between the age(s) of thirteen (13) and eighteen (18) (or nineteen (19) where applicable), subject to the Member's and Sub-Account Users' meeting any eligibility requirements.

Sub-Accounts are subject to all of the terms and conditions of this Agreement and all limitations (including transaction limits) imposed by us or the Member on the Sub-Account or Sub-Account Card, and by using Bluebird, each Sub-Account User agrees to be bound by the terms and conditions of this Agreement (including all agreements and policies referenced in this Agreement or otherwise applicable to use of specific features of the Service which are required to be agreed to and accepted before use of such specific features). If a Sub-Account User does not agree to all such terms and conditions, agreements and policies, the Sub-Account User may not use or access the Sub-Account or Sub-Account Card.

All Sub-Account transactions count against the Member's transaction limits as though the Member conducted the transactions himself or herself. For example, if the Member has a $500 per day ATM Withdrawal limit on his or her Bluebird Account and the Sub-Account User withdraws $250 from an ATM during a day, additional ATM Withdrawals from the Member's Account will be limited to $250 that day.

If the Sub-Account User violates this Agreement and allows someone else to use their Sub-Account or Sub-Account Card, then the Member agrees that all transactions, actions, obligations, and uses of the Sub-Account or the Sub-Account Card conducted by that third person (including transactions, actions, or uses of the Sub-Account that exceed the authority granted to the third person by the Sub-Account User) will be deemed to be those of the Sub-Account User and that the Member will be liable for those transactions as well.

The Member agrees to provide copies of all relevant agreements, consents and disclosures regarding Bluebird, including but not limited to copies of this Agreement and the Privacy Notice and Privacy Statement, to each Sub-Account User. Closure of a Sub-Account results in termination of your privileges with respect to the associated Sub-Account Card.

The Master Accountholder sets a username and a password for each Sub-Account. When a Sub-Account User logs in for the first time with the username and password, he or she will be prompted to select a PIN and security question and answer for the Sub-Account. The Sub-Account User can change his or her PIN, password and security question and answer on the Sub-Account he or she is authorized to use in accordance with our procedures. We may place a temporary hold on the Sub-Account, or suspend or terminate the Sub-Account, if the password or PIN has been compromised or if the Sub-Account Card is lost or stolen. In the event the PIN or the Sub-Account Card becomes lost or stolen, the Sub-Account User or Member should notify us immediately by calling Customer Service.

Please note:

Most Sub-Account Card functionality will not be available until the Sub-Account User verifies his or her e-mail address and activates the Sub-Account Card.

a. Eligibility

A Sub-Account User is the person(s) designated and authorized by the Member to use a Sub-Account or linked Sub-Account Card. Each Sub-Account or linked Sub-Account Card shall be subject to the terms and conditions in this Agreement, as applicable, and any other terms and conditions applicable to Sub-Accounts or Sub-Account Cards.

The Sub-Account Card is for consumer use only and is not transferable. The Sub-Account User may not permit any other person to use his or her Sub-Account Card. If the Master Accountholder tells us to revoke permission for an existing Sub-Account User to use his or her linked Sub-Account or Sub-Account Card, we may suspend use of, lock or close the linked Sub-Account. Suspension, lock or closure of a Sub-Account results in termination of all privileges with respect to the associated Sub-Account Card.

Any Member who authorizes a minor to use a Sub-Account or Sub-Account Card shall be the parent or legal guardian of the minor or have the current valid consent of the parent or legal guardian of the minor to provide the minor with access to a Sub-Account or Sub-Account Card, as described further below. The Member shall review all of the agreements, terms and conditions and fees contained in this Agreement and in all other applicable agreements, consents and disclosures with any such minor, and educate or instruct the minor regarding his or her use of the Sub-Account and any Sub-Account Card. The Member agrees that we may rely on all uses of the Sub-Account and all acts taken with a Sub-Account Card by a minor, even if those acts or uses contravene the Member's instructions to the minor. Except as otherwise required by Applicable Law, the Member also acknowledges and agrees that this Agreement and all other applicable agreements, consents and disclosures, including without limitation the Privacy Notice and Privacy Statement, and any authorizations granted to us, apply to the minor's use of Bluebird, a Sub-Account and any linked Sub-Account Card.

If the Member allows a minor to use a Sub-Account or Sub-Account Card but is not the minor's parent or legal guardian (e.g., the Member is the minor's grandparent or relative), the Member agrees to obtain permission from the minor's parent or legal guardian so that the responsible person can have the above discussions with the minor and provide all of the above consents. The Member represents and agrees that he or she has already done so or that you will do so before the minor first uses the Sub-Account or any linked Sub-Account Card, and that we may rely on such representation and agreement.

b. Representations and Warranties

By opening, funding, Adding Funds to, using or authorizing the use of a Sub-Account, the Member represents that the information provided is true and correct and complete, that he or she is a resident of the United States; that the Sub-Account User is at least thirteen (13) years of age and that where the Sub-Account User is less than the age of majority in his or her state of residence, his or her parent or legal guardian has consented to his or her access to a Sub-Account and Sub-Account Card.

c. Features

Sub-Account features include, but are not limited to, the following:

  1. Adding Value. A Sub-Account can be funded only by a transfer of funds by the Member from the Member's Bluebird Account to the Sub-Account. All transactions made by the Sub-Account User must be funded from the Available Funds held in the Sub-Account, even if sufficient Available Funds are otherwise available in the Bluebird Account. All funds in the Sub-Account are at all times owned by the Member. If a Sub-Account User attempts to conduct a transaction in an amount greater than (a) the Available Funds in the Sub-Account, or (b) in excess of the transaction limits set on the Sub-Account, the transaction will be denied, notwithstanding any available funds in the Account.
  2. Default Settings. The Member may set up default settings to allow or prevent a Sub-Account User from using certain Sub-Account features or a Sub-Account Card and may change such default settings.
  3. Fees. There is no initial set-up fee to open a Sub-Account. There is no fee imposed for a Member to transfer Available Funds from his or her Account into or out of a linked Sub-Account or to transfer funds between linked Sub-Accounts. However, Sub-Account purchases, withdrawals and other transactions will be subject to the fees set forth in this Agreement otherwise applicable to Account and Bluebird Card purchases, withdrawals and other transactions. Members represent and warrant that they have advised all of their Sub-Account Users of the fees that can apply.
  4. Member Controls on Sub-Accounts. Set forth below are actions a Member may take on a Sub-Account:
    1. Transfer Money Into a Sub-Account. The Member may transfer Available Funds from his or her Account into a valid linked Sub-Account.
    2. Transfer Money Out of a Sub-Account. The Member may transfer money from any linked Sub-Account to the Member's Account or to any other linked Sub-Account.
    3. Control Money Received by or Sent from the Sub-Account. The Member may set controls ("Permissions") on the funds that can be received by a Sub-Account from the Member's Account and on the amount of funds that can be sent or transferred out of the Sub-Account by the Sub-Account User.
    4. Set Permissions. The Member may set Permissions to allow or prevent the Sub-Account User from: (i) performing transactions above the limits or thresholds set by the Member but in no event higher than the limits set by us on Sub-Accounts and the Member's Account generally; (ii) making purchases online or offline using the Sub-Account or any Sub-Account Card; (iii) using the Sub-Account Card at merchants or ATMs outside of the United States; and/or (iv) withdrawing funds from participating ATMs using a Sub-Account Card. Permissions may be changed by the Member at any time.
    5. Set Alerts. The Member may set alerts to be notified when a Sub-Account balance drops below an amount set by the Member.
    6. View Sub-Account Activities. The Member can view Sub-Account balance(s) and Sub-Account transaction history by logging into his/her Account and clicking on "My Account" on the Bluebird Site or via the Bluebird Mobile Application (limited history). The Sub-Account User can view his or her Sub-Account balance and Sub-Account transaction history on the Bluebird Site or via the Bluebird Mobile Application (limited history).
    7. Closure/Suspension of Use of Sub-Account and Sub-Account Card. Except as otherwise provided in this Agreement, the Member may close a Sub-Account he or she has opened at any time by contacting Customer Service. Closure of a Sub-Account results in termination of privileges with respect to the associated Sub-Account Card. In order to close a Sub-Account, the Member must first transfer the balance of funds remaining in the Sub-Account to the Member's Account. The Member may not be allowed to close a Sub-Account under the circumstances outlined in Section 16. The Member may suspend or terminate the Sub-Account User's use of the Sub-Account or Sub-Account Card by changing their Permissions for the Sub-Account or Sub-Account Card on the Bluebird Site or by calling Customer Service. We will have a reasonable amount of time to effectuate such a requested change.
    8. Disputes or Claims. The Member may file Disputes related to the Sub-Account and Sub-Account Card as provided in this Agreement. The Sub-Account User will not have access to or be able to file Disputes related to the Sub-Account or Sub-Account Card.
  5. Sub-Account User Actions Subject to the Permissions set by the Member or by us, the transaction limits set on the Member's Account and the terms and conditions of this Agreement, stated below are actions a Sub-Account User may take (Note: Sub-Account Users may not currently access the Pay Bills or Bluebird Checks features or Add Funds to their Sub-Accounts. Only a Member may Add Funds to a Sub-Account.)
    1. Send Money and Request Money. Where permitted by the Member, a Sub-Account User may use his or her Sub-Account to send money to other Users and request money from the Member. Sub-Account Users may not receive money from Users other than the Member.
    2. Use the Sub-Account Card. Subject to any limitations placed by us or the Member, a Sub-Account User may use his or her Sub-Account Card in the same manner and for the same purposes as a Bluebird Card. Purchases and withdrawals may not exceed the amount of the Sub-Account Available Funds, and may not exceed any transaction limits set by the Member. Purchases, withdrawals and other transactions are subject to fees as described in this Agreement.
    3. Change the Sub-Account E-mail Address. A Sub-Account User may change the e-mail address the Sub-Account User has for his or her Sub-Account.
    4. Change Sub-Account Password or PIN. The Sub-Account User may change the Sub-Account password or PIN for his or her Sub-Account at any time.
    5. View Available Funds, Total Balance and Transaction History. The Sub-Account User may view Available Funds, Total Balance and transaction history associated with his or her Sub-Account online at the Bluebird Site or via the Bluebird Mobile Application.
  6. Member Responsibility for Sub-Accounts The Member is liable and responsible for all of the Sub-Account User's actions, obligations and liabilities related to the Sub-Account, Sub-Account Card and Bluebird, including liability for any transactions made by any person whom the Member or Sub-Account User authorizes or permits to use the Sub-Account or Sub-Account Card. Any action taken by us on the Member's Account may also apply to any linked Sub-Account, and any action taken by us on a Sub-Account may also apply to the Member's Account. The Member agrees to be liable for a negative Sub-Account balance should one occur. We may recover amounts held in a Sub-Account if the Member owes any amounts to us, even if such liability is unrelated to the Sub-Account. Should a Sub-Account hold a negative balance, or if any other liabilities are charged to a Sub-Account, any such amount may be taken from the Member's Account, or from other Sub-Accounts linked to the Member's Account, from the Member's SetAside Account, or from any Add Funds Source linked to the Member's Account, in any order selected by us. Any online agreements that are accepted by the Sub-Account User related to his or her use of Bluebird, a Sub-Account or Sub-Account Card are deemed accepted by the Member as if the Member had taken the action.
  7. Prohibited Use The Sub-Account User may not use the Sub-Account or Sub-Account Card to engage in any activities that may be illegal under Applicable Law, or that are otherwise prohibited by this Agreement. We reserve the right to limit, suspend use of, lock or close the Member's Account and/or any Sub-Account if we believe that the Sub-Account User or Sub-Account Card User may engage in, has attempted or has engaged in, any prohibited activity or if we believe others may have attempted to use or have used the Sub-Account or Sub-Account Card inappropriately. Closure of an Account and/or Sub-Account results in termination of your privileges with respect to the associated Bluebird Card and/or Sub-Account Card, as applicable. We may also block Sub-Account and Sub-Account Card payments and transactions to any User or third party selling or offering products or Bluebird Services we believe may be illegal or inappropriate.
  8. 8. Additional Provisions Relating to the Sub-Account Card
    1. ATM Withdrawal and Spending Limits. Sub-Account Card transactions are subject to any daily and monthly limits that we set for the Member's Account and Sub-Accounts generally, as well as any additional limitations that may be imposed by the Member on the Sub-Account.
    2. Pre-authorization Holds. Merchants may request a pre-authorization hold prior to allowing a Sub-Account User to use their Sub-Account Card. In such an event, a hold may be placed on the Available Funds balance in the Sub-Account equivalent to the amount of the pre-authorization request, and we will treat the Sub-Account in accordance with the provisions contained in Section 5.d of this Agreement.

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14. SetAside Account

a. Overview and Establishment of SetAside Account

The Member may establish and manage a SetAside® Account ("SetAside Account") via the Bluebird Site or the Bluebird Mobile Application and transfer funds from the Bluebird Account to the SetAside Account for the purpose of putting funds away towards specific goals, emergencies, or other purposes, subject to the terms and conditions of this Agreement and the terms and conditions applicable to the SetAside Account set forth at the Bluebird Site and the Bluebird Mobile Application.

At present, a Member may establish one (1) SetAside Account, and Sub-Account Users may not establish SetAside Accounts.

There are no fees associated with the establishment or use of a SetAside Account.

YOU WILL NOT RECEIVE INTEREST OR ANY OTHER EARNINGS ON FUNDS IN YOUR SETASIDE ACCOUNT. WE ARE NOT A BANK, AND YOUR SETASIDE ACCOUNT IS NOT A BANK ACCOUNT OR SAVINGS ACCOUNT.

Funds in the SetAside account are insured by the FDIC on the same basis as Bluebird Account funds held in the custodial accounts we maintain for the benefit of Members (see Section 15.d for details).

b. Adding Funds to and Accessing Funds in a SetAside Account

Funds can only be added to the SetAside Account by transfer of funds (on a one-time or recurring basis) from your Bluebird Account. Funds so transferred are no longer considered part of your Available Balance and accordingly are not available for immediate spend or other use. For example, if you attempt to make a purchase or withdrawal from your Bluebird Account that exceeds the Available Balance, the purchase or withdrawal will not be authorized by us (except as otherwise provided in this Agreement), even if you have sufficient funds to cover the shortfall in your SetAside Account.

To spend or otherwise use funds held in your SetAside Account, the funds must be transferred from your SetAside Account back to your Bluebird Account, at which time such funds will once again be considered part of your Available Balance.

If your Bluebird Account is suspended or frozen, you will not be able to transfer funds from your SetAside Account to your Bluebird Account. This means that you will not be able to access the funds in your SetAside Account until the freeze or suspension on your Bluebird Account is lifted.

SetAside Account transactions are fully reflected in your transaction history, accessible via the Bluebird Site or the Bluebird Mobile App.

You agree that we may recover amounts held in your SetAside Account if you owe any amounts to us, even if such liability is unrelated to the SetAside Account.

Funds transfers between your Bluebird Account and SetAside Account are immediately processed.

c. Recurring Transfers to Your SetAside Account

You may choose to have us transfer funds from your Account to your SetAside Account on a recurring basis. If you instruct and authorize us to make recurring transfers from your Account to your SetAside Account, then we will continue to do so on a regular basis until you cancel the authorization, or except as provided below.

If there are insufficient funds in the Account at the time that a pre-authorized recurring transfer is scheduled to occur, then the transfer will not occur. We will not make a partial transfer (i.e., a transfer for less than the amount of the scheduled transfer) if the Available Funds are insufficient to cover the full amount of the scheduled transfer. We will not attempt to make the transfer after sufficient funds are subsequently added to the Account.

You may verify that a preauthorized transfer occurred as scheduled through the Bluebird Site or the Mobile Application, or by calling Customer Service.

You may stop a preauthorized recurring transfer through the Bluebird Site or the Mobile Application, or by calling Customer Service. If you cancel a preauthorized recurring transfer authorization at least three days before the next scheduled transfer, then we will stop that transfer. If you cancel a preauthorized recurring transfer authorization within three days of the next scheduled transfer, then we might not be able to stop the next scheduled transfer. If you instruct us to stop payment of an individual transfer, we will cancel the entire series of recurring transfers, and you will need to provide us with a new authorization in order to resume recurring transfers.

If you instruct us to stop payment on a recurring transfer via the telephone, then we may require you to provide us with written confirmation of the stop payment order within 14 days of the oral notification. If you do not provide us with this written confirmation within 14 days, then we will not be bound by your oral instructions after 14 days.

If we fail to stop payment of a preauthorized transfer in accordance with your instructions and the terms specified above, then we will be liable to you for all damages proximately caused by such failure. We will not be liable, however, if we can show by a preponderance of the evidence (1) that our failure resulted from an act of God or other circumstance beyond our control, that we exercised reasonable care to prevent such an occurrence, and that we exercised such diligence as the circumstances required; or (2) that our failure resulted from a technical malfunction which was known to you at the time that the transfer should have occurred. If our failure to stop payment of a preauthorized transfer was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error, we shall be liable only for actual damages proved.

Each preauthorized recurring transfer in a series must be in the same amount. If you wish to change the amount of recurring transfers, then you must cancel the authorization and provide us with an authorization for a new series of recurring transfers.

d. Closing a SetAside Account

Once established, a SetAside Account can be closed only in connection with the closure of your Bluebird Account. If you or we close your Bluebird Account, your SetAside Account will be simultaneously closed, and the funds in your SetAside Account will be returned to you on the same basis as the return of funds in your Bluebird Account.

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15. Account Balances

a. Available Funds and Total Balance

Your Bluebird Account or Sub-Account has two types of balances: an available balance ("Available Funds") and a total balance ("Total Balance"). "Available Funds" are limited to the funds that have been added or received into your Account or, as applicable, Sub-Account, that are not pending or subject to holds, Disputes, etc., and have not been transferred to your SetAside Account they represent funds that you can use and conduct transactions with and are fully available to you. Your "Total Balance" represents the total of all funds in your Account or Sub-Account, including incoming or outgoing funds or transactions that are pending and subject to settlement. For example, when you add funds to your Account from a linked Bank Account, the transaction is "pending" until the funds are received by us from your Bank Account and credited to your Account. Available Funds and Total Balance amounts may not always be the same. Funds in your SetAside Account are considered as part of your Total Balance but not as part of your Available Balance.

A transaction will be listed in your Bluebird Account or Sub-Account, as "completed" when you receive credit or, where applicable, a withdrawal or Send Money, transfer or Pay Bills amount of a transaction you requested or a funds withdrawal associated with a pre-authorized Bluebird Check you have written has been debited and is performed. A transaction will be listed as "cancelled" if it cannot be completed as requested or if you or the other party with whom you attempted to engage in a transaction failed or refused to proceed with the transaction. A transaction will be listed as "pending funding" if you requested money from another User and he or she has accepted your request but is in the process of adding funds to his or her Account to complete the transaction with you.

Your Available Funds will decrease each time you use your Bluebird Account or, as applicable, Sub-Account to transfer funds to another Account or Sub-Account or your SetAside Account or make withdrawals or payments and each time a fee is charged to your Account. You authorize us to reduce the Available Funds in your Account by the amount of each such transaction, any pre-authorization or authorization request, and any applicable fees or charges.

You are not allowed to expend funds in excess of the Available Funds in your Bluebird Account or Sub-Accounts through an individual transaction or a series of transactions. You may increase the Available Funds in your Bluebird Account through a receipt of funds from another User or the eligible Add Funds Sources, or by transfer of funds back from your SetAside Account. In the event a transaction occurs that exceeds the Available Funds in your Account, we may in our sole discretion decline the transaction, or, if it occurs, you shall remain fully liable to us for the amount of the negative balance resulting from the transaction and any applicable fees or charges, and we reserve the right to require that you immediately forward payment to us in the amount of such negative balances. We may also recover the negative balance from the Sub-Accounts or SetAside Account linked to your Account, or from any Add Funds Source linked to your Account, in whatever order we select.

You can check your Available Funds and SetAside Account balance (i) online at the Bluebird Site, (ii) via the Bluebird Mobile Application, (iii) by texting "BAL" to BBIRD (22473) or (iv) by calling Customer Service. You can also check your Available Funds [and SetAside Account balance] by swiping your Card (or Sub-Account Card) at the point-of-service at participating retailers. Transaction receipts provided in respect of purchases and Swipe Reload transactions conducted at participating retailers will also contain a printout of Available Funds.

b. Not a Demand Deposit Amount

Except as otherwise provided by Applicable Law, when you sign up for Bluebird, you do not get, and neither the Account, the Sub-Accounts nor the SetAside Account is, a demand deposit (checking) account, savings account, or other consumer asset account with us or with any bank partner. You receive a prepaid access Account and Bluebird Card, or as applicable, a Sub-Account and Sub-Account Card and SetAside Account, through which you may store, spend and manage your money, pay for goods and services at merchants, withdraw money from ATMs, and make payments using electronic payment networks and certain other electronic and other methods. We will hold and move funds in accordance with Applicable Law.

c. No Interest Payments; Security Interest; and Set Off

You will not receive interest or any other earnings on funds in your Bluebird Account, Sub-Account(s) or SetAside Account. American Express Travel Related Services Company, Inc. is not a bank; it is licensed as a money services business in most U.S. states and subject to regulatory oversight by licensing authorities.

You grant us a security interest in and a lien upon any funds you send or receive through Bluebird to allow us to set off or deduct any amounts owed to us against those funds in the event you have a negative balance or otherwise fail to uphold the terms and conditions of this Agreement. You also authorize us to engage in other efforts to recover such amounts from you, such as collecting the amount of your negative balance (along with any applicable fees) from any one or more of your SubAccounts, SetAside Account or linked Add Funds Sources, in whatever order we select.


d. Information Regarding FDIC Pass-Though Insurance Coverage and Bluebird

When you Add Money to your Bluebird Account, funds will be placed by us into one or more custodial accounts we maintain for the benefit of Members at one or more FDIC-insured banks (currently Wells Fargo Bank, N.A. and American Express Centurion Bank) not later than the business day after those funds are reflected in your Total Balance. These custodial accounts will be set up to provide pass-through FDIC insurance. Subject to the limitations set forth below, this means that if a bank holding our custodial account fails, you should be insured by the FDIC up to the per-depositor coverage limit then in place (currently $250,000 in most instances). Note that the FDIC insurance maximum applies to the aggregate of all funds that you have on deposit with the bank in your individual capacity, including funds that you have in deposit accounts other than the account in which your Bluebird funds are deposited.

Your Bluebird funds will not receive the benefit of FDIC insurance before they are placed in one of the custodial accounts referenced above. FDIC insurance coverage is contingent upon our maintaining accurate records and on determinations of the FDIC as receiver at the time of a receivership of a bank holding a custodial account referenced above.

FDIC pass-through insurance protects funds placed on behalf of a Bluebird Member against the risk of loss (up to the then applicable FDIC deposit insurance limits) should any FDIC-insured bank(s) where we maintain custodial account(s) for the benefit of the Bluebird Member fail. FDIC pass-through insurance does not protect you against the risk of our insolvency. In the unlikely event of our insolvency, funds we place in a custodial account for your benefit should be protected from claims by our creditors; however, it is possible that funds that we hold before placement in a custodial account will not be protected from claims by our creditors. Even if funds in your Bluebird Account (whether held by us or held in a custodial account) are protected from claims by our creditors in the unlikely event of our insolvency, it is possible that you will not have access to those funds while court or other legal proceedings are ongoing.

FDIC pass-through insurance also does not protect you against the risk that an Add Money transaction might fail or be reversed (for example, because an Add Money Source does not honor (or reverses) an Add Money transaction).

Please note:

Funds on Temporary Cards are not eligible for FDIC pass-though insurance. When you register online and establish a Bluebird Account, your Temporary Card funds (to the extent you provide us information about your Temporary Card at registration) will be transferred to your Bluebird Account and be eligible for FDIC pass-though insurance within one business day of establishment of your Bluebird Account.

Funds held in your SetAside Account, and funds transferred between your Bluebird Account and SetAside Account, will at all times be held in the custodial accounts we maintain for the benefit of Members at FDIC member banks set up to provide FDIC pass-through insurance coverage.

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16. Closing Your Bluebird Account

If you, as Member, would like to close your Bluebird Account at any time, please call Customer Service. A Member may close a Sub-Account by the same mechanism. Closure of an Account and/or a Sub-Account results in cancellation of the associated Bluebird Card and/or Sub-Account Card, as applicable. Closure of your Bluebird Account also results in the closure of all Sub-Accounts at any SetAside Account you may have set up.

After the closure of your Account or Sub-Account, your transaction history will no longer be available online, and you will need to request a paper statement from us if you wish to review your transaction history.

You may not close your Bluebird Account, Sub-Account(s) or SetAside Account to evade an investigation or a disputed transaction(s). You may not close your Bluebird Account or Sub-Account if there is a negative balance in your Account or Sub-Account, , if one or more pre-authorization codes with respect to Bluebird Checks you have written are unexpired, or if there is an investigation pending or a Dispute related to the Account or Sub-Account or associated Bluebird Card or Sub-Account Card, and subject to Applicable Law, we may hold your funds for up to thirty (30) days or longer to finish conducting the investigation and/or protect us or a third party against the risks of payment reversals, chargebacks, claims, fees, fines, penalties, and other liability.

You will remain liable for all obligations related to your Account, Sub-Account(s) or SetAside Account even after its closure.

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17. Fees and Limits

a. Schedule of Bluebird Services and Fees

Unless we otherwise waive one or more fees in accordance with the terms of a program, special promotion or offer we may sponsor from time to time, we will impose the fees for the respective transactions set forth in the schedule below conducted through your Bluebird Account as well as any Sub-Account(s) unless stated otherwise. All fees are in U.S. Dollars and remain subject to change in our discretion and where notice is provided as required by Applicable Law.

Bluebird Account Fee Summary
Fee Type Amount
Set Up
Monthly Fee $0
Annual Fee $0
Activation $0
Add Funds
Direct Deposit $0
From a Checking/Savings Account $0
From a Debit Card ($100 Daily Limit) $0
Cash at Walmart $0
Cash Reload Packs A fee is charged by the provider of the Cash Reload Pack
Add Checks with Mobile App $0
Add Checks by Mail $0
ATM Cash Access
For Bluebird Cards Receiving Direct Deposit*
MoneyPassTM Network ATM $0
Out-of-Network ATM $2 for each ATM withdrawal
plus any fees assessed by the ATM owner or operator
For Bluebird Cards Not Receiving Direct Deposit
MoneyPassTM Network ATM $2 for each ATM withdrawal
Out-of-Network ATM $2 for each ATM withdrawal
plus any fees assessed by the ATM owner or operator
*To qualify, at least one Direct Deposit payment must have been received in the thirty (30) days before the ATM transaction.
Spend Money
Purchase Transactions We do not charge a fee for such transactions. However, the merchant or other third parties may impose fees for such transactions, which may be added to the cost of such transactions.
SetAside Account We do not charge a fee for the setup or use of a SetAside Account or transfers between a Bluebird Account and linked SetAside Account.
Order 50 Bluebird Checks $19.94 plus $5.94 shipping plus applicable sales taxes
Order 100 Bluebird Checks $26.94 plus $6.94 shipping plus applicable sales taxes
Checkbook order fees are waived through June 1, 2014. During the waiver period, Members are limited to one (1) Bluebird Check order
Write a Bluebird Check $0
Send, Receive or Request
Send Money $0
Receive Money $0
Request Money $0
Master Account holder's transfer of money to or between, and reclamation of money from, linked Sub-Accounts $0
Information
Customer Service $0
Online Statement $0
Balance Inquiry $0
Online Mobile $0
Spend Money
Replacement Card(s) $0
Foreign Exchange Fees $0
Inactivity Fees $0
Overdraft Fees $0

The schedule above sets forth fees we impose on the respective transactions. We will deduct all applicable fees from the Available Funds in your Account, or as applicable, Sub-Account, or where the recipient has agreed to pay the fees from the funds received by a recipient, at the time of the imposition of the fees.

Other parties (such as merchants with respect to point of sale transactions, ATM operators or networks with respect to balance inquiries and withdrawal declines and ATM withdrawals of funds from your Account or Sub-Account, providers of cash funding solutions, with respect to Add Funds transactions involving cash funding solutions, and other financial institutions with respect to transactions such as cash withdrawals at their branches), may impose separate fees on the same transactions and we make no accounting for those.

b. Schedule of Bluebird Limits

A Member may add funds to his or her Bluebird Account via any of the Add Funds sources described in Section 10, as well as via Direct Deposit, Receive Money, Adding Checks with the Mobile App and Check by Mail transactions (each such funding transaction, an "Add Funds" transaction).

A Member may make use of Available Funds in his or her Bluebird Account via merchant transactions (i.e., spend at merchants), Send Money, ATM withdrawals, Pay Bills, Bluebird Checks and transfers back to linked Bank Accounts (each such use of funds, a "Spend Money" transaction).

The following limits apply to Add Funds and Spend Money transactions conducted through your Bluebird Account as well as any Sub-Accounts. We may set additional transaction limits on your use of your Bluebird Account and any Sub-Accounts, including in circumstances in which we have not verified all of the identity and other personal information you have provided. All limits remain subject to change in our discretion at any time for legal, risk management, security or other purposes, subject to Applicable Law.

Bluebird Account Limits Summary (limits applied to Bluebird Account and linked Sub-Accounts and SetAside Account, in aggregate)
Transaction Limit
Total Account Balance $100,000
Please note: Total Balance may exceed $10,000 only as a result of Direct Deposit and Check by Mail Add Funds transactions)
Total Account Balance (other than Direct Deposit and Check by Mail) $10,000
Add Funds
Total Add Funds Transactions $100,000 per year
Please note: Add Funds sublimits vary by individual Add Funds transaction type.
*Total Add Funds Transactions (other than Direct Deposit and Check by Mail transactions) Up to $10,000 per month*
Direct Deposit $100,000 per year
Check by Mail $100,000 per year
Checking or Savings Account Up to $2,000 per month*
*Debit Card(s) (in aggregate) Up to $100 per transaction
$100 per day; and
$1,000 per month*
Cash (includes Swipe Reload and Reload Packs) $1,000 per day
$5,000 per month
*Bluebird-to-Bluebird Receive Money Transactions Up to $10,000 per month*
Adding Checks with the Mobile App $2,000 per day
$10,000 per month
ATM Withdrawals 3 ATM Withdrawals per day
$500 per day
$2,000 per month
Spend Money
Total Spend Money Transactions $100,000
Please note: Spend Money sublimits vary by individual Spend Money transaction type.
Total Spend Money Transactions (other than via Bluebird Checks) Up to $10,000 per month
Merchant Transactions Up to $10,000 per month
Pay Bills $10,000 per month
($5,000 per month in the case of non-registered payees)
ATM Withdrawals 3 ATM Withdrawals per day
$500 per day
$2,000 per month
Send Money Transactions $2,500 per transaction
$2,500 per month
Transfers back to linked Bank Account Up to $10,000 per month
Bluebird Checks Subject to Total Account Balance and Add Funds limits

* May be further limited in circumstances in which we have not verified all of the identity and other personal information you have provided.

c. Updates to Schedules

The schedules above are current as of the “last modified date” indicated at the beginning of this Member Agreement. For the most current Schedule of Fees, Schedule of Limits and Member Agreement, please visit the Bluebird Site, access the Bluebird Mobile Application or call Customer Service.

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18. Restricted Activities

Your Bluebird Account and Sub-Accounts, Bluebird Card and Sub-Account Card(s), and SetAside Account are non-transferable and may be used only by you as provided in this Agreement. In addition, in using or accessing Bluebird, the Bluebird Site, your Account, the Bluebird Mobile Application, your Bluebird Card, your Sub-Account or Sub-Account Card, you agree that you will not:

  1. Breach this Agreement or any other policy, terms of Bluebird, or agreement that you have agreed to with us;
  2. Violate any Applicable Law;
  3. Attempt to fund your Account with an ACH that is returned, revoked or otherwise unable to be processed;
  4. Purchase or sell, or facilitate the purchase or sale of, illegal goods or services (including, but not limited to: unlawful sexually oriented materials or services and counterfeit products), unlawful gambling activities, fraud, money laundering, the funding of terrorist organizations, or the unlawful purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances;
  5. Provide false, inaccurate, or misleading information;
  6. Fund or remit payroll, payroll deposits, wages, other forms of compensation (including incentive payments or bonuses), or any employee benefits;
  7. Unless permitted under Applicable Law, refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
  8. Use Bluebird in a manner that results in or may result in complaints or Disputes;
  9. Use Bluebird, your Account, Sub-Account(s) or SetAside Account in a manner that we believe may be a violation of any applicable electronic payment network rules, card association or network rules, National Automated Clearinghouse Association rules or Applicable Law;
  10. Allow your Account or Sub-Account to have a negative balance; or
  11. Use Bluebird in connection with other prohibited activities of which we notify you.

If you breach this Section 18 or permit others to do so or conduct (or attempt to conduct) any transactions that we believe are not permitted by this Agreement (such as one of the activities set forth above) or Applicable Law, we may, at our sole discretion and without waiving any of our rights, freeze, close, cancel, suspend, or limit your use of your Account, Sub-Account, Bluebird Card, Sub-Account Card and/or SetAside Account.

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19. Lost or Stolen Bluebird Cards or Sub-Account Cards; Unauthorized Transactions

a. Lost or Stolen Bluebird Cards or Sub-Account Cards

IF YOUR CARD IS LOST OR STOLEN, THE MEMBER SHOULD CALL CUSTOMER SERVICE IMMEDIATELY AND WE WILL ISSUE A FREE REPLACEMENT CARD. The Member will be required to provide information for identification purposes, and you agree to provide us all information and assistance reasonably requested in order to allow us to timely complete an investigation of the loss or theft.

b. Unauthorized Transactions

Bluebird provides all of the protections against unauthorized transactions, including all of the limitations on potential liability, that are required to be provided to holders of debit cards tied to checking accounts by applicable federal law, including Regulation E.

CALL CUSTOMER SERVICE IMMEDIATELY OR WRITE TO US AT Bluebird Dispute Forum, 4315 S 2700 W, Salt Lake City, UT 84184-0440, if you believe someone has transferred or may transfer funds from your Account, Sub-Account, or SetAside Account without your permission, if you believe your Card or Sub-Account Card has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your Account or Bluebird Card or, where applicable, Sub-Account or Sub-Account Card, or your SetAside Account (an "Unauthorized Transaction").

You will not be liable for goods or services fraudulently purchased through your Account or Sub-Account, but you may be liable for other unauthorized use of your Account, Sub-Account, or SetAside Account. You will not be liable for unauthorized use that occurs after you notify us, orally or in writing, of the loss, theft, or possible unauthorized use. If you tell us within two (2) business days after you learn of the unauthorized use, you can lose no more than fifty dollars ($50) if someone used your Account, Sub-Account, or SetAside Account without your permission. If you do NOT tell us within two (2) business days after you learn of the unauthorized use, and we can establish we could have stopped someone from using your Account, Sub-Account, or SetAside Account without your permission if you had told us within such time period, you could lose as much as five hundred dollars ($500). If you are a California resident you will not be liable for the $500 amount described above for unauthorized use of your Card or Sub-Account Card in any event. If you are a New York resident, your liability for unauthorized use of your Card or Sub-Account Card will not exceed $50. Also, if your periodic statement lists transactions you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement is made available to you, you may not get back any money you lost if we can prove that we could have stopped someone from taking the money if you had told us within such period. If you cannot notify us within the time periods set forth above due to a good reason (such as a long trip or a hospital stay or you first contacted your bank that holds an Add Funds Source to inquire as to a possible erroneous or Unauthorized Transaction), we may extend the time specified above for a reasonable period. You agree to provide us all information and assistance reasonably requested by us in order to timely make a complete investigation of the unauthorized transactions. We reserve the right to investigate all unauthorized transactions.

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20. Erroneous Transactions or Questions About Transactions

Contact us via any of the methods described in Section 25.a as soon as you can if you think your periodic statement, online transaction history or receipt/transaction confirmation is incorrect or if you need more information about a transaction listed on a statement, history or receipt. For errors other than unauthorized transfers (as discussed in Section 19), we must hear from you no later than sixty (60) days after we made available the FIRST statement on which the problem or error appeared. When notifying us, you must: (a) tell us your name, and Account, Sub-Account, or SetAside Account number; (b) describe the error or the transaction you are unsure about and explain why you believe it is an error or why you need more information; and (c) tell us the dollar amount of the suspected error. If you are delayed in contacting us due to extenuating circumstances (such as a hospital stay or personal accident), we will extend this sixty (60) day period for a reasonable time.

If you contact us by phone, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If, however, we need more time, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Account, Sub-Account, or SetAside Account within ten (10) business days after your contacting us for the amount you have reported to us is in error so that you will have the use of the funds during the time it takes us to complete the investigation; provided, that if we ask you to submit your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your Account, Sub-Account, or SetAside Account during the time it takes us to complete the investigation. For errors involving new accounts, point-of sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or questions. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you have reported to us is in error. We will tell you the results of our investigation within three (3) business days after completion, and we will correct any error promptly. If we decide that no error occurred, we will send you a written explanation and debit your Account, Sub-Account, or SetAside Account for any amount that was provisionally credited after the error was reported. You may request copies of the documents that we used in our investigation. You agree to provide us all information and assistance reasonably requested by us in order to timely make a complete investigation.

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21. Our Rights and Liabilities

a. Transaction Limits

We may set transaction limits for your use of the Account and any Sub-Account, including in circumstances in which we have not verified all of the identity and other personal information you have provided. Except as required by Applicable Law, these limits can be changed at any time by us in our discretion for legal, risk management, security or other purposes, with or without notice to you.

As a security measure for you and us, we may also decline authorizations for certain transactions when we believe your Account and Sub-Account or Card, or SetAside Account may have been compromised, the transaction is not consistent with your purchasing patterns, you do not have Available Funds, or in our discretion for other legal, risk management, security or other purposes. We may also prohibit certain types of transactions where we believe fraud or misuse risk is higher.

b. Requests for Funds Transfers

Users may send messages to transfer funds to, or request a funds transfer from, other individuals. Individuals receiving these requests are not obligated to accept or respond to a request, and we make no representation that any such requested transfer funds will occur or that it will be seen by, or responded to by, the other individual. You agree that we will not be liable for damages in connection with any failure of an individual to send funds in response to such a request, and have no obligation to review any such request or similar message.

c. Liability for Failure to Make Transfers

If we do not complete a transaction to or from your Account (or Sub-Account(s) or SetAside Account) on time or in the correct amount in accordance with this Agreement, we will be liable for your losses or damages, subject to certain exceptions. We will not be liable, for instance, if: (a) through no fault of ours, you do not have enough Available Funds in your Account (or Sub-Account(s) or SetAside Account) to complete a transaction; (b) our computer systems or other electronic terminal where you are making a transaction does not operate properly and you knew about the failure when you started the transaction; (c) an ATM where you are making a cash withdrawal does not have enough cash; (d) an ATM or a merchant refuses to honor a transaction using your Account, Sub-Account or Card; (e) your wireless provider refuses the transaction; (f) access to your Account, Sub-Account(s) or SetAside Account has been blocked after you reported your Card lost or stolen; (g) there is a hold on the funds in your Account, Sub-Account(s) or SetAside Account or the funds in your Account, Sub-Account(s) or SetAside Account are subject to any legal process or other encumbrance restricting their use; (h) we have reason to believe the requested transaction or withdrawal is unauthorized; (i) circumstances beyond our control (such as fire, flood, terrorist attack, or national emergency) prevent the transaction, despite reasonable precautions that we have taken; (j) the transaction would violate the terms and conditions of this Agreement; or (k) there are other exceptions stated in this Agreement with you.

d. Suspension of Use; Cancellation; Closure

We, in our sole discretion, may limit your use of, suspend or terminate your privileges with respect to, your Account, Sub-Account(s), SetAside Account and/or Card or any feature or benefit thereof, with or without cause or notice, other than any notice required by Applicable Law, including in the event we believe there has been a breach in security or there has been unauthorized activity involving your Account or you have engaged in activity that violates the terms of this Member Agreement. We reserve the right to suspend or close your Account (or Sub-Account or SetAside Account) if, among other reasons, (i) you neither Add Funds to nor use your Account, Sub-Account, SetAside Account and/or Card for one year or more, (ii) there are no funds remaining in your Account or Sub-Account or SetAside Account for one year or more, (iii) you attempt to Add Funds to your card from an Add Funds Source and are declined or dishonored repeatedly, (iv) you withdraw your consent to deal with us electronically pursuant to the Consent Statement or (v) for any other reason permitted by Applicable Law. We may, in our sole discretion, decide not to immediately exercise our rights pursuant to this paragraph, but such forbearance (whether once or repeatedly) shall not constitute a waiver nor shall it preclude our right to exercise our rights in the future.

If we decide to close or suspend use of your Account, Sub-Account or SetAside Account (which closure will result in termination of your privileges with respect to the associated Card(s)), we will send an e-mail to the primary e-mail address we have in our records for you. Upon closure of your Account, Sub-Account and/or SetAside Account (and termination of privileges with respect to the associated Card(s)), you must immediately discontinue use of your Account, Sub-Account and/or SetAside Account and associated Card(s), as applicable. Our closure of your Account, Sub-Account and/or SetAside Account (and termination of your privileges with respect to the associated Card(s)) will not affect your obligations under this Agreement. We will not collect any fees with respect to your Account or Sub-Account while your Account or Sub-Account is suspended.

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22. Disclaimer of Warranties; Discontinuation of Liabilities

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU REGARDING BLUEBIRD, THE BLUEBIRD SITE, THE BLUEBIRD MOBILE APPLICATION, THE PLATFORM, ACCOUNTS, SUB-ACCOUNTS, BLUEBIRD CARDS, SUB-ACCOUNT CARDS, SETASIDE ACCOUNT, ANY FEATURE THEREOF (INCLUDING PAY BILLS, BLUEBIRD CHECKS OR ADDING CHECKS WITH YOUR MOBILE APP ), OR ANY SUBJECT MATTER COVERED BY THE SUBSTANCE OF THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OFMERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT BLUEBIRD, THE BLUEBIRD SITE OR THE BLUEBIRD MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF BLUEBIRD, THE BLUEBIRD SITE OR THE BLUEBIRD MOBILE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE. WE WILL NOT BE RESPONSIBLE FOR ANY BLUEBIRD SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF TRANSACTIONS OR USE OF THE BLUEBIRD SERVICE OR THE BLUEBIRD SITE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.

IN NO EVENT SHALL WE BE LIABLE FOR ANY CLAIMS OR DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF OUR EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE, BEYOND THE SUM OF $500 IN THE AGGREGATE. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL WE OR ANY OF OUR DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, WHETHER ARISING DIRECTLY OR INDIRECTLY, EVEN IF WE OR ANY OF OUR DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, OR REPRESENTATIVES HAVE BEEN ADVISED SUCH DAMAGES MIGHT OCCUR.

NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT OUR LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. The laws of certain states or other jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply, some or all of the above exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement.

THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT OR USE BLUEBIRD, THE BLUEBIRD SITE OR THE BLUEBIRD MOBILE APPLICATION.

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23. Transaction History; Notices & Communications

a. Periodic Statements

Periodic statements will be made available to the Member electronically on a monthly basis at no charge. Electronic statements will be available for twenty-four (24) months from when we make the statement first available to you for viewing. You can also view (i) your complete transaction history at any time online at no charge and (ii) a limited transaction history via the Bluebird Mobile Application, when you log into your Account or Sub-Account, as applicable. If your Account or Sub-Account is closed, you will not be able to log in and view statements and must call Customer Service at the number listed in Section 25.a to obtain transaction history. Subject to Applicable Law, we will retain transaction records for up to five (5) years from the date of the transaction.

b. Notices

By registering for Bluebird and accepting the terms and conditions of this Agreement and our Consent Statement, you consent to receive notices and information regarding Bluebird and your Account, Sub-Account(s) and SetAside Account, as well as the transfer of funds to and from your Account, Sub-Account(s) and SetAside Account via e-mail to the primary e-mail address we have in our records for you and, if you have opted in to receive the SMS Service, via text messages. All notices and information sent to you via e-mail and/or text message (where you have opted in to receive the SMS Service) will be deemed to be in writing and received by you when sent to you. You can manage your preferences for receiving certain servicing messages from us by logging into your Account or Sub-Account, on the Bluebird Site or via the Bluebird Mobile Application.

c. Text Messages

In order to communicate with us via text or receive text messages from us, you must opt in to the SMS Service on the Bluebird Site or via the Bluebird Mobile Application and specifically grant us permission to communicate with you via text message communications. See Section 12.b for more details.

d. Telephone Monitoring/Recording

From time to time, we may monitor and/or record telephone calls between you and us to ensure the quality of our customer service or as required by Applicable Law.

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24. Confidentiality and Disclosure Information

We will disclose information to third parties about your Account, Sub-Account, SetAside Account and Card transactions: (i) where it is necessary for completing transactions; (ii) in order to verify the existence and condition of your Account, Sub-Account or SetAside Account for ourselves or for a third party, such as a credit bureau or merchant; (iii) in order to verify your identity or any accounts you hold (including wireless service accounts); (iv) in order to comply with government agency or court orders; (v) if you give us your written permission; or (vi) in accordance with our Privacy Notice and Privacy Statement, which can be found on the Bluebird Site or via the Bluebird Mobile Application. We may disclose your first name, last name and e-mail address to the individual or User that you are seeking to transact with or are transacting with via Bluebird (e.g., if you initiate a Request Money transaction, we will share your first and last name and e-mail address with the individual or User you are requesting the money from). We may also show your name in that User's transaction history.

Additionally, we may share your address and contact information with a merchant from whom you purchased goods/Bluebird Services using Bluebird to allow the merchant to process your order and perform any related customer service function.

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25. Miscellaneous

a. Contact Information

You may contact us by calling Customer Service at 1-877-486-5990 (International Collect: 1-801-449-4016), 24 hours a day, 7 days a week or by writing to us at American Express, Card Dispute Forum, 4315 S 2700 W, MC 02-04-40, Salt Lake City, UT 84184-0440. Complaints or questions submitted in writing should be mailed to the above address.

b. Transactions Made in Foreign Currencies

Where permitted, if you use your Card to make a purchase at an establishment or ATM withdrawal in a currency other than U.S. dollars, the transaction will be converted to U.S. dollars on the date it is processed by us or our agents. The exchange or currency conversion rate between the transaction currency and the billing currency will be either (i) a rate selected by us from the range of rates available in wholesale currency markets for the applicable central processing date or (ii) the government-mandated rate in effect for the applicable central processing date. The exchange or currency conversion rate on the transaction processing date may differ from the rate in effect at the time of the transaction or the date the transaction is posted to your Account or Sub-Account. You agree to accept the converted amount in U.S. dollars.

c. Business Days

For purposes of this Agreement, our business days are Monday through Friday, other than federal banking holidays.

d. Change of E-mail Address or Address

Tell us immediately if your e-mail address or U.S. mail or postal address changes. If you do not notify us about an address change, information regarding your Account or Sub-Account may be e-mailed or mailed to the wrong person.

e. Notices

Any notice we send to you shall be deemed delivered (i) when posted on the Bluebird Site, (ii) one (1) business day after e-mailing it to you at the last primary e-mail address you provided for your Account or Sub-Account or (iii) three (3) business days after mailing it to you at the last U.S. mail or postal address you provided for your Account or Sub-Account. You agree we may accept changes of mail or postal address from the U.S. Postal Service.

f. Unclaimed Property

If your Account, Sub-Account(s), or SetAside Account becomes inactive, we may be legally required to report the balance in your Account, Sub-Account(s) or SetAside Account as unclaimed property and forward the unclaimed funds to a state in accordance with Applicable Law. The specified period of time to report and send such funds in an inactive Account or Sub-Account to a state varies by state, but usually ranges between two (2) and five (5) years.

g. Attorneys' Fees and Costs

Except as may be provided in Section 26, you agree to pay all costs incurred by us or our successors or assigns in collecting unpaid indebtedness or in enforcing this Agreement, including attorneys' fees and costs, as well as those costs, expenses and attorneys' fees incurred in appellate, bankruptcy, and post-judgment proceedings, except to the extent such costs, fees, or expenses are prohibited by Applicable Law.

h. Governing Law

This Agreement, Bluebird, your Account, Sub-Account(s), SetAside Account, Bluebird Card, and Sub-Account Card, your use of the Bluebird Site, and the Bluebird Mobile Application, and any claim, Dispute or controversy arising from or relating to this Agreement, Bluebird, your Account, Sub-Account, Bluebird Card or Sub-Account Card and your use of the Bluebird Site and the Bluebird Mobile Application are governed by and construed in accordance with the laws of the State of New York (without regard to its conflict of laws rules) and applicable federal law. The legality, enforceability, and interpretation of this Agreement and the amounts contracted for, charged, and received under this Agreement will be governed by such laws. This Agreement is entered into between you and us in New York.

i. Waiver

To the fullest extent permitted by Applicable Law, you waive and release us from all defenses, rights, and claims you have or may have against us arising from or relating to this Agreement, Bluebird, your Account, Sub-Account(s), SetAside Account, Bluebird Card or Sub-Account Card, the Bluebird Site, the Bluebird Mobile Application or any of the foregoing.

j. Delay of Rights

We can waive or delay enforcement of any of our rights under this Agreement without losing them.

k. Void Where Prohibited

Not all services described in this Agreement are available to all persons or at all locations. We reserve the right, in our sole discretion, to limit, restrict or prohibit the provision of any such Bluebird Services to any person or in any location. Any offer of a service in this Agreement shall be deemed void where prohibited.

l. Non-Assignability; Assignability

You may not assign or transfer this Agreement or any of your rights, obligations, duties, responsibilities, or liabilities under this Agreement without our prior written consent, and any attempt to the contrary without our prior written consent shall be null and void. This Agreement shall be binding on you and your respective executors, administrators, and permitted assigns.

We may assign all or portions of our rights and obligations under this Agreement without your approval to any entity which acquires all or substantially all of our assets, to any Affiliate or successor. In addition, if we reimburse you for a claim you have made in respect of a lost or stolen Card or if we otherwise provide you with a credit or payment with respect to any problem arising out of any transaction made with the Account, you are automatically deemed to assign and transfer to us any rights and claims, excluding tort claims, that you have, had or may have against any third party for an amount equal to the amount we have paid to you or credited to your Account. You agree that you will not pursue any claim against, or reimbursement from, such third party for the amount that we paid or credited to your Account, and that you will cooperate with us if we decide to pursue the third party for the amount paid or credited. Neither our failure to exercise any of our rights under these Terms and Conditions, nor our delay in enforcing or exercising any of our rights, shall constitute a waiver of such rights. If we waive any right under these Terms and Conditions on one occasion, such waiver shall not operate as a waiver as to any other occasion.

m. Severability

If any provision of this Agreement is determined to be invalid or unenforceable under any Applicable Law, the validity or enforceability of any other provision of this Agreement shall not be affected, and, in lieu of such invalid or unenforceable provision, there shall be added automatically, as part of this Agreement, a provision as similar in terms as may be valid and enforceable, if possible.

n. Entire Agreement

This Agreement (including all agreements and policies referenced in this Agreement) sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings or agreements with respect to such subject matter.

o. Survival

Sections 12(c)(6) and 18 through 25 will survive: (i) the closing of your Account, Sub-Account and/or SetAside Account; (ii) the bankruptcy of any party; and (iii) any permitted transfer, sale or assignment of this Agreement, if any.

p. Changing This Agreement/Notices

We may change the terms of, or add new terms to, this Agreement at any time, with or without cause, and without giving you notice, subject to Applicable Law. In addition, we may suspend, cancel, add, modify or delete any feature offered in connection with Bluebird at our sole discretion at any time, with or without cause, and without giving you notice, subject to Applicable Law. We reserve the right, subject to Applicable Law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated Agreement on the Bluebird Site or delivering notice of changes to you electronically to the e-mail address you have provided for your Account if you have given us consent to do so.

q. Special Offers and Marketing

Special offers may be available from time to time at participating merchants. As a Member, you may also be eligible to participate in various special programs from time to time. Specific terms, conditions and restrictions for each offer or special program can be accessed at the Bluebird Site. We take no responsibility for such special offers. We reserve the right to add to, change and/or cancel the offers at any time.

r. Our Role as Service Provider

When you use Bluebird, you are authorizing us to act as your agent only with respect to holding, sending, or receiving funds. For all other purposes of this Agreement, we are an independent contractor.

s. Service Content

Articles, guides, comments, videos and any other materials or content made available via Bluebird ("Service Content") do not reflect our opinions or analysis or those of our Affiliates or our content providers. You may not copy, modify, re-publish, transmit, or distribute the Service Content. We and our content providers are not responsible or liable for, and do not validate, endorse or make any representations about the accuracy, completeness, legality, or reliability of any information, opinions, assertions or statements expressed in any Service Content. Service Content is provided for informational and entertainment purposes only and does not, and should not be relied upon to, replace the advice of your own professional legal, tax and financial advisors. Any reliance on the Service Content is at your own risk. Under no circumstances will we, our Affiliates or our content providers be responsible for any loss or damage resulting from your reliance on Service Content. Service Content is provided “AS-IS” and we and our content providers expressly disclaim all warranties, express or implied (including, without limitation, fitness for a particular purpose or non-infringement) with respect to Service Content.

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26. Agreement to Arbitrate Disputes

This Section 26 sets forth the circumstances and procedures under which Claims (defined below) that arise between you and us will be resolved through binding arbitration. This means that neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Other rights that you would have in court also may not be available or may be limited in arbitration, including your right to appeal and your ability to participate in a class action. Nothing in this provision precludes you from filing and pursuing your individual Claim in a small claims court in your state or municipality, so long as that Claim is pending only in that court.

a. Definitions

As used in this Section 26, the term "Claim" shall mean and include any claim, Dispute or controversy of every kind and nature, whether based in law or equity, between you and us arising from or relating to this Agreement, as well as any related or prior agreement that you may have had with us or the relationships resulting from any of the above agreements ("Agreements"), including the validity, enforceability or scope of this Section 26 or the Agreement. "Claim" also includes claims by or against any third party using or providing any product, service or benefit in connection with the Card or Sub-Account Card (including, but not limited to, third parties who accept the Card or Sub-Account Card, third parties who use, provide or participate in programs accessed with the Card or Sub-Account Card, enrollment services and rewards programs, debt collectors and all of their agents, employees, directors and representatives) if and only if such third party is named as a co-party with you or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or us against the other. As used in this Section 26, "you" and "us" also include any corporate parent, or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors and representatives of any of the foregoing, and any third party using or providing any product, Bluebird Service or benefit in connection with the Card or Sub-Account Card.

b. Initiation of Arbitration Processing/Selection of Administrator

Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Section 26 and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed (the "Code"), except to the extent the Code conflicts with this Agreement. Claims shall be referred to either JAMS ("JAMS") or the American Arbitration Association ("AAA"), as selected by the party electing to use arbitration. If a selection by us of either of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to Bluebird as arbitration administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614; www.jamsadr.com, and/or AAA at 335 Madison Avenue, New York, NY 10017, www.adr.org. In addition to the arbitration organizations listed above, Claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sections 1-16, provided that any such arbitration organization and arbitrator(s) will enforce the terms of the "class Action Waiver and Other Restrictions" provision set forth below.

c. Class Action Waiver and Other Restrictions

Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to Claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any Dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement (including the "Continuation" provision below), and without waiving either party's right of appeal, if any portion of this "Class Action Waiver and Other Restrictions" provision is deemed invalid or unenforceable, then the entire Section 26 (other than this sentence) shall not apply.

d. Arbitration Procedures

This Section 26 is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended ("FAA"), and the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law. Federal or state rules of civil procedure or evidence shall not apply. Written requests to expand the scope of discovery rest within the arbitrator's sole discretion and shall be determined pursuant to the applicable Code. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the written arbitral award may be entered in any court having jurisdiction. Subject to the right of appeal under the FAA, the arbitrator's written decision will be final and binding unless you or we take an appeal from the award by making a dated, written request to the arbitration organization within thirty (30) days from the date of entry of the written arbitral award. A three-arbitrator panel administered by the same arbitration organization shall consider anew any aspect of the award objected to by the appellant, conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appellant's written notice. The panel's majority vote decision shall be final and binding.

e. Location of Arbitration; Payment of Fees

The arbitration shall take place in the federal judicial district of your residence. Irrespective of who prevails in arbitration, you will only be responsible for paying your share, if any, of the arbitration fees required by the applicable Code, which amount shall not exceed the filing fees you would have incurred if the Claim had been brought in the appropriate state or federal court closest to your residence. We will pay the remainder of any arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of the arbitration fees. Waivers also may be available from JAMS or AAA.

f. Continuation

This Section 26 shall survive termination of this Agreement, your Account, Sub-Account or the relationship between you and us concerning your Account or Sub-Account, any permitted transfer, sale, or assignment of your Account or Sub-Account, or any amounts owed on your Account or Sub-Account, to any other person or entity as well as voluntary payment in full of any shortages, any debt collection proceeding by or between you and us, and any bankruptcy by you or us. If any portion of this Section 26, except the "Class Action Waiver and Other Restrictions" provision above, is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Section 26, this Agreement or any predecessor agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

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Special Notice to California Residents; Right to Refund

The following applies to California residents with respect to the use of the Card to transmit funds to a foreign country by means of a valid purchase or ATM transaction occurring outside of the United States:

You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if American Express Travel Related Services Company, Inc. or American Express Prepaid Card Management Corporation, as applicable, does not forward the money received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by you within 10 days of the date of the receipt of funds from you unless otherwise instructed by you. If your instructions as to when the moneys shall be forwarded or transmitted are not complied with and the money has not been forwarded or transmitted, you have a right to a refund of your money. If you want a refund, you must mail or deliver your written request to American Express Travel Related Services Company, Inc. or American Express Prepaid Card Management Corporation, as applicable, at PO Box 30383, Salt Lake City, UT 84130. If you do not receive a refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorneys' fees pursuant to Section 1810.5 of the California Financial Code.

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USA PATRIOT ACT NOTICE

IMPORTANT INFORMATION ABOUT PROCEDURES FOR ESTABLISHING A BLUEBIRD ACCOUNT

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who purchases a product like the Card.

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American Express Roadside Assistance Program

As an Accountholder or Sub-Account User, you are eligible to participate in the American Express® Roadside Assistance Program.

The American Express Roadside Assistance Program

The information below summarizes the terms and conditions of the American Express® Roadside Assistance Program ("Roadside Assistance"). Through Roadside Assistance, American Express may arrange for five (5) basic emergency roadside services to be provided to Members and Sub-Account Users with a Card in their possession: (i) towing to nearest available repair shop or preferred destination depending on provider availability, (ii) jump-starts when a car battery is dead, (iii) delivery of up to two (2) gallons of gas, (iv) locksmith service if keys are locked in the car, and (v) changing of a flat tire if the car has a workable spare. All costs associated with these emergency roadside services are provided through a third party and are the responsibility of the Member or Sub-Account User, as applicaåble. These services are available when Member or Sub-Account User and a licensed driver are present, or the Member or Sub-Account User is licensed themselves. Services are available regardless of mileage from primary residence when traveling within the United States, Canada, and Puerto Rico. American Express® Proprietary U.S. Charge and Credit Cardmembers as well as Bluebird Members and Sub-Account Users are eligible for this service.

Description of Benefits

Services under the Roadside Assistance Program are provided only for self-propelled, four-wheel vehicles designed, licensed, and used for non-public on-road transportation, or private trucks (including SUVs) with a carrying capacity of up to 2 tons. In the event a Member or Sub-Account User needs emergency roadside services, the Member or Sub-Account User should call the number on the back of their Card or Roadside Assistance directly toll-free at 1- 866-207-7970. At the request of the Member or Sub-Account User, the Roadside Assistance representative will also contact family, friends or place of business to let them know of the situation. The Member or Sub-Account User will receive an automated call back to ensure services were rendered. All costs associated with the emergency roadside services are due at time of service.

Exclusions

Roadside Assistance is provided as an emergency roadside service and not for general automobile maintenance. Member or Sub-Account User shall be responsible for: all parts, labor or supplies provided while at an auto repair shop or service station, towing to another location unless the initial service location is closed, service for taxicabs, tractors, boats, rental vehicles, ambulances, trucks, vehicles used for competition, unlicensed vehicles, illegally parked or impounded vehicles, or any vehicles in tow, rental and towing equipment, towing at the direction of law enforcement officer relating to traffic obstruction, impoundment, abandonment, illegal parking, or other violations of law or towing by other than a licensed service station or garage, installation or removal of snow tires, repairs to studs, mounting and dismounting snow chains, repeated service calls for a vehicle in need of routine maintenance or repair, shoveling snow from around a vehicle, vehicle storage, or impoundment charges. Locksmith service does not include microchip or transponder keys.

Termination or Cancellation

Coverage will cease on the earliest of the following: 1. the date you no longer maintain a permanent residence in the 50 United States of America, the District of Columbia, Puerto Rico or the U.S. Virgin Islands; 2. the date we determine that you or someone on your behalf intentionally misrepresented or fraud occurred; 3. the date the benefit is cancelled; 4. the date you are no longer a Member (or in the case of a Sub-Account User, the date you are no longer a Sub-Account User or the Member is no longer a Member); 5. the date your Account or Sub-Account, as applicable, ceases to be current and in good standing; or 6. the date the benefit is not available in the location where you maintain a permanent residence. The company has the right to cancel the Program at any time by sending a written notice at least forty five (45) days in advance to you at your last known address. The notice will include the reason for cancellation.

©2009 American Express Travel Related Services Company, Inc.

Purchase Protection*
Description of Coverage

Underwritten by AMEX Assurance Company
Administrative Office, P.O. Box 53701 Phoenix, AZ 85072-9872
Purchase Protection can provide coverage for your eligible purchases for ninety (90) days from the date of purchase when you charge any portion of the price of the eligible purchased item to Your Account. You will be reimbursed only for the amount charged to Your Account. (See Description of Benefits section).

Definitions

Certain words used in this Description of Coverage are capitalized throughout and have special meanings. Wherever used herein, the singular shall include the plural, the plural shall include the singular, as the context requires.

Account means Your American Express Card Account. Cardmember means a person who has been issued a United States of America based proprietary American Express Card, which is Current and in Good Standing, and who has a Permanent Residence in the 50 United States of America, the District of Columbia, Puerto Rico or the U.S. Virgin Islands. Covered Incident means the theft of, or damage, whether by accident or vandalism, to any one item of property purchased worldwide as a gift or for personal or business use and charged to Your Account. Company means AMEX Assurance Company, and its duly authorized agents. Current and in Good Standing means a Cardmember Account for which the monthly minimum requirement has been paid prior to the date in which the claim is payable. Master Policyholder means American Express Travel Related Services Company, Inc. Permanent Residence means the one primary dwelling place where the Cardmember resides and to which they intend to return. Plan means the Policy and the benefits described therein. Platinum Cardmember means a Cardmember who has a Platinum Charge Card (required to be paid in full monthly), a Corporate Platinum Card, or a Fidelity American Express Platinum Card. Any other Card which may reference the Platinum name or has Platinum colored plastic will not receive higher coverage limits or benefits. Policy means the Group Insurance Master Policy (AX0951 issued to American Express Travel Related Services Company, Inc.). We, Us, Our means the Company. You, Your means the Cardmember.

Description of Benefits

We will pay you the expense charged to Your Account up to $1,000 for any one Covered Incident and up to $50,000 for all Covered Incidents during a calendar year. Purchase Protection provides benefits, for ninety (90) days from the date of purchase, if a Covered Incident occurs with respect to property you purchased and charged to Your Account. Our benefit payment will not include shipping and handling expenses or installation, assembly, professional advice, maintenance or other service charges or any product rebates, discounts or money received from lowest price comparison programs that reduced the original cost of the property.

Our payment of any eligible benefit amount is further contingent upon Your Account being Current and in Good Standing. Only a Cardmember has a legal and equitable right to any insurance benefit that may be available under this Plan.

Exclusions

Benefits are not payable if the loss for which coverage is sought was directly or indirectly, wholly or partially, contributed to or caused by: 1. war or any act of war, whether declared or undeclared; 2. any activity directly related to and occurring while in the service of any armed military force of any nation state recognized by the United Nations; 3. participation in a riot, civil disturbance, protest or insurrection; 4. violation of a criminal law, offense or infraction; 5. natural disasters, including, but not limited to, hurricanes, floods, tornados, earthquakes or any other event in the course of nature, that occurs at the same time or in separate instances; 6. fraud or abuse or illegal activity of any kind by the Cardmember; 7. confiscation by any governmental authority, public authority, or customs official; 8. negligent failure of a duty to care by any third party in whose possession the property purchased by a Cardmember has been temporarily placed; 9. not being reasonably safeguarded by You; 10. theft from baggage not carried by hand and under Your personal supervision or under the supervision of a traveling companion known by You; 11. damage through alteration (including, but not limited to, cutting, sawing and shaping); 12. normal wear and tear, inherent product defect or manufacturer's defects or normal course of play; 13. damage or theft while under the care and control of a common carrier; 14. food spoilage; 15. leaving property at an unoccupied construction site; or 16. purchases lost or misplaced.

For residents of Washington, the first paragraph of this section is removed and replaced with the following: We will not pay for loss caused by any of the excluded events described below. Loss will be considered to have been caused by an excluded event if the occurrences of that event directly and solely results in loss, or initiates a sequence of events that result in loss, regardless of the nature of any intermediate or final event in that sequence.

Purchases Not Covered

The following purchases are not covered: 1. travelers checks, tickets of any kind, negotiable instruments (including, but not limited to, gift certificates, gift cards and giftchecks), cash or its equivalent; 2. animals or living plants; 3. rare stamps or coins; 4. consumable or perishable items with limited life spans (including, but not limited to, perfume, light bulbs, batteries); 5. antique or previously owned items; 6. motorized vehicles and watercraft, aircraft, and motorcycles or their motors, equipment, parts or accessories; 7. stolen or damaged property consisting of articles in a pair or set. Coverage will be limited to no more than the value of any particular part or parts, unless the articles are unusable individually and cannot be replaced individually, regardless of any special value they may have had as part of a set or collection; 8. items purchased for resale, professional, or commercial use; 9. permanent household and/or business fixtures, including, but not limited to, carpeting, flooring and/or tile; 10. business fixtures, including, but not limited to, air conditioners, refrigerators, heaters; and 11. hospital, medical and dental equipment and devices.

Claims Provisions

If You experience a loss for which You believe a benefit is payable under this Plan, You must provide both Notice of Claim and Proof of Loss. To insure prompt processing of Your claim, report any theft or damage immediately following the date of the Covered Incident, including for gifts purchased with the Card. Retain Your receipts and Your damaged property (if applicable) until the claim process is complete.

Notice of Claim

Notice of Claim should be provided to Us within thirty (30) days of the loss. You may contact Us by calling toll-free stateside 1-800-322-1277 or, if from overseas, by calling collect 1-303-273-6498. You may also write to Us at Purchase Protection, PO Box 402, Golden CO 80402-0402. Failure to provide Notice of Claim within thirty (30) days will not invalidate a claim or reduce any benefit payment that may be found to be eligible, if it can be shown that it was provided as soon as reasonably possible. At the time You provide Us with Notice of Claim, We will assist You with Your Proof of Loss by providing You with instructions and/or documents, which You may have to complete and return to Us. You are required to cooperate with Us and provide documentation as requested by Us which is required and necessary to process Your claim and determine if benefits are payable. For residents of Missouri, no claim will be denied based upon Your failure to provide notice within such specified time, unless this failure operates to prejudice the right of Us.

Proof of Loss

Proof of Loss requires You to send Us all the information We request, at Your expense, in order that Your claim may be evaluated and that We may make a determination as to whether the claim may be paid. You must provide Us with satisfactory Proof of Loss within thirty (30) days (for residents of North Dakota sixty (60) days) after We have provided You with instructions and/or a claim form in response to Your Notice of Claim or Your claim may be denied. Your Proof of Loss documentation may be mailed to Us at the same address provided above for mailing Your Notice of Claim. We reserve the right to request all the information We deem necessary to determine that Your claim is payable, and We will not consider that We have received complete Proof of Loss until the information We have requested is received.

Proof of Loss may require documentation consisting of, but not necessarily limited to, the following: 1. a Purchase Protection Claim Form; 2. the original itemized store receipt; 3. the insurance declaration forms for Your other sources of insurance or indemnity (e.g., homeowner's or renter's insurance); 4. a photograph of and/or repair estimate for the damaged property; and 5. for theft and vandalism claims, a report regarding the stolen or vandalized property must be filed with the appropriate authority before You call to file a claim under Purchase Protection.

No payment will be made on claims not substantiated in the manner required by Us.

If all required documentation is not received within thirty (30) days (for residents of North Dakota sixty (60) days) of the date of the Covered Incident (except for documentation which has not been furnished for reasons beyond Your control), coverage may be denied. It is Your responsibility to provide all required documentation We request.

You may be required to send in the damaged property at Your expense for further evaluation of Your claim. If requested, You must send in the damaged property within thirty (30) days (for residents of North Dakota sixty (60) days) from the date of Our request to remain eligible for coverage.

Payment of Claim

A claim for benefits provided by this Plan will be paid upon Our receipt and review of Your complete Proof of Loss documentation and Our determination that a claim is payable according to the terms of the Plan.

Any payment made by Us in good faith pursuant to this or any other provision of this Plan will fully discharge Us to the extent of such payment.

If other insurance is available to You which provides the same or similar coverage as that provided by this Plan, this Plan becomes excess and We will pay only that portion of the Covered Incident benefit which is not reimbursed by other insurance up to Our limits, as provided under the Description of Benefits section.

GENERAL PROVISIONS
Change of Permanent Residence

If the change is to a different state, Your Policy provisions may be adjusted to conform to the requirements of that state.

Clerical Error

A clerical error made by the Company will not invalidate insurance otherwise validly in force nor continue insurance not validly in force.

Conformity with State and Federal Law

If a Plan provision does not conform to applicable provisions of State or Federal law, the Plan is hereby amended to comply with such law.

Entire Contract; Representation; Change

This Description of Coverage, the Policy and any applications, endorsements or riders make up the entire contract. Any statement You make is a representation and not a warranty. This Description of Coverage may be changed at any time by written agreement between the Master Policyholder and the Company. Only the President, Vice-President or Secretary of AMEX Assurance Company may change or waive the provisions of the Description of Coverage. No agent or other person may change the Description of Coverage or waive any of its terms. This Description of Coverage may be changed at any time by providing notice to You. A copy of the Policy will be maintained and kept by the Master Policyholder and may be examined at any time.

Excess Coverage

If any loss under this Policy is insured under any other valid and collectible policy, then this Policy shall cover such loss, subject to its exclusions, conditions, provisions and other terms herein, only to the extent that the amount of such loss is in excess of the amount of such other insurance which is payable or paid.

Fraud

If any request for benefits made under the Plan is determined to be fraudulent, or if any fraudulent means or devices are used by You or by anyone acting on Your behalf to obtain benefits, all benefits will be forfeited. We do not provide coverage to a Cardmember who, whether before or after a loss, has: 1. concealed or misrepresented any fact upon which we rely, if the concealment or misrepresentation is material and is made with the intent to deceive; or 2. concealed or misrepresented any fact if the fact misrepresented contributes to the loss.

Legal Actions

No legal action may be brought to recover against this Plan until sixty (60) days after Proof of Loss has been received by Us. No such action may be brought after three (3) years (for residents of Arkansas five (5) years and residents of Missouri ten (10) years) from the time written Proof of Loss is required to be given. If a time limit of this Plan is less than allowed by the laws of the state where You live, the limit is extended to meet the minimum time allowed by such law.

Right of Recovery

If We make a payment to You under this Plan and You recover an amount from another, equal to or less than Our payment, You shall hold in trust for Us the proceeds of the recovery and reimburse Us to the extent of Our payment. If Our payments exceed the maximum amount payable under the benefits of this Plan, We have the right to recover from You any amount exceeding the maximum amount payable.

Subrogation

In the event of any payment under this Policy, We shall be subrogated to the extent of such payment to all Your rights of recovery. You shall execute all papers required and shall do everything necessary to secure and preserve such rights, including the execution of such documents necessary to enable Us to effectively bring suit or otherwise pursue subrogation rights in Your name. You shall do nothing to prejudice such subrogation rights. We shall be entitled to a recovery as stated in these provisions only after You have been fully compensated for damages by another party. For residents of Louisiana, the Right of Recovery, Subrogation and Excess Coverage sections are revised to reflect: If the Company makes any payment under this Policy and the Cardmember has the right to recover damages from another, the Company shall be subrogated to that right. However, the Company's right to recover is subordinate to the Cardmember's right to be fully compensated.

Termination or Cancellation

Coverage will cease on the earliest of the following: 1. the date You no longer maintain a Permanent Residence in the 50 United States of America, the District of Columbia, Puerto Rico or the U.S. Virgin Islands; 2. the date We determine that You or someone on Your behalf intentionally misrepresented or fraud occurred; 3. the date the Policy is cancelled; 4. the date You are no longer a Cardmember; 5. the date Your Account ceases to remain Current and in Good Standing; or 6. the date the Plan is not available in the location where You maintain a Permanent Residence.

Termination or Cancellation of coverage will not prejudice any claim originating prior to termination or cancellation subject to all other terms of the Policy. The Company has the right to cancel the Policy at any time by sending a written notice at least forty five (45) days in advance to You at Your last known address. The notice will include the reason for cancellation.

IMPORTANT ADDITIONAL INFORMATION FOR YOU

For those eligible and enrolled in the Membership Rewards® program, benefits are also paid when the purchased property is received through the redemption of a Membership Rewards redemption certificate. Payment or credit will not exceed the original assigned value of the property received through redemption of a Membership Rewards redemption certificate up to the stated limits, excluding shipping and handling expenses. Benefits will not be paid when a Membership Rewards redemption certificate has been transferred to a non-eligible Cardmember or non-Cardmembers. This Description of Coverage replaces any other Description of Coverage that You may have previously received for Purchase Protection.

This Description of Coverage is an important document. Please read it and keep it in a safe place. The Cardmember can request a copy of the Master Policy by calling 1-800-473-7346.

IN WITNESS WHEREOF, We have caused this Description of Coverage to be signed by Our officers:
Description of Coverage to be signed by Our officers
PP-DOC-CCSG1 02/07

Applicable for Residents of the State of Alaska

The opening paragraph in the Exclusion section is removed in its entirety and replaced with the following which is added and made part of the Description of Coverage: These exclusions do not apply if the dominate cause of a loss is a risk or peril that is not otherwise excluded. Benefits are not payable if the loss for which coverage is sought was directly or indirectly, wholly or partially, contributed to or caused by: The Legal Actions section is hereby removed in its entirety and replaced with the following which is added and made part of the Description of Coverage:

Legal Actions

No legal action may be brought to recover against this Plan until sixty (60) days after Proof of Loss has been received by Us. No such action may be brought after three (3) years from the time Proof of Loss is required to be given. If there are any claims the three year timeframe does not begin to run until after the claim has been denied.
PP/EW-RDR1-AK 06/07

Applicable for Residents in the states of Arizona & Indiana

Purchase Protection is governed by form numbers PP-IND-CCSG1 07/07, PP-IND-CCSG2 07/07, PP-IND-OSBN1 07/07, PP-IND-OSBN2 07/07 and PP-IND-End2 09/08 References to Description of Coverage and Master Policy throughout the above form have been changed to Policy. The definitions of Master Policyholder and Plan are hereby removed. The following definitions are added to the Definitions section. American Express® Card means any credit or charge card bearing an American Express trademark or logo issued by American Express Travel Related Services Company, Inc. or its subsidiaries or affiliates or any of their licensees which can be used to purchase goods or services at merchants on the American Express Network and which American Express Travel Related Services Company, Inc. designates as eligible for coverage under the Policy. Policy as used throughout means this contract issued to the Cardmember providing the benefits described herein. The following provision is added to the General Provisions section.

Assignment

No assignment will be acknowledged until it has been received by the Company. The Company does not make any acknowledgement of the effectiveness of an assignment or accept any responsibility for the validity or legality of any assignment. In all other respects, the provisions and conditions of the Policy remain the same.

Applicable for Residents in the State of Indiana

Indiana Residents Only:

Questions regarding your policy should be directed to:
AMEX Assurance Company
800-322-1277

If you (a) need the assistance of the governmental agency that regulates insurance or (b) have a compliant you have been unable to resolve with your insurer you may contact the Department of Insurance by mail, telephone or e-mail:

State of Indiana Department of insurance
Consumer Services Division
311 West Washington Street, Suite 300
Indianapolis, IN 46204-2787.
Consumer Hotline: 1-800-622-4461. In the Indianapolis Area 1-317-232-2395.
Complaints can be filed electronically at www.in.gov/idoi

Applicable for Residents of the State of Kentucky

In the Termination or Cancellation section the following is removed: The Company has the right to cancel the Policy at any time by sending a written notice at least forty five (45) days in advance to You at Your last known address. The notice will include the reason for cancellation. And replaced with the following: The Company has the right to cancel the Policy at any time by sending a written notice at least seventy-five (75) days in advance to You at Your last known address. The notice will include the reason for cancellation.
PP/EW-RDR1-KY 05/07

Applicable for Residents of the State of New Hampshire

The Description of Coverage is subject to laws of the State of New Hampshire. Any contract changes will be submitted for approval in the State of New Hampshire. Contract changes will not be transacted between the Master Policy and the insurer per NH RSA412:5 I. In the Conformity with State and Federal Law section the following is removed: If a Plan provision does not conform to applicable provisions of State or Federal law, the Plan is hereby amended to comply with such law. And replaced with the following: If a Plan provision does not conform to applicable provisions of the State of New Hampshire or Federal law, the Plan is hereby amended to comply with such law. The following is added at the end of the Fraud section of Your Description of Coverage: Concealment, misrepresentation, and fraud can only applied to a claim to which it is material and coverage may not be denied to any Cardmember who had no knowledge of or participation in any concealment, misrepresentation or fraud. Concealment, misrepresentation, and fraud do not void the policy and must be an international act on behalf of You. We will not deny coverage under the Policy if this occurs. If You are without knowledge or participation in a fraudulent act they are not subject to denial of coverage under this section. This section only applies to a claim to which it is material and coverage may not be denied to You if You had no knowledge of or participation in any concealment, misrepresentation or fraud. In the Termination or Cancellation section the following is removed: 2. the date We determine that You or someone on Your behalf intentionally misrepresented or fraud occurred; And replaced with the following: 2. discovery of fraud or material misrepresentation by the named insured in pursuing a claim under the Policy; In the Termination or Cancellation section the following is removed: The Company has the right to cancel the Policy at any time by sending a written notice at least forty five (45) days in advance to You at Your last known address. The notice will include the reason for cancellation. And replaced with the following: The Company has the right to cancel the Policy by sending a written notice at least sixty (60) days in advance to You at Your last known address. The notice will include the reason for cancellation. PP/EW-RDR1-NH 01/08

Applicable for Residents of the State of Oklahoma

The following is added to your Description of Coverage: WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony. PP/EW-RDR1-OK 07/07

Applicable for Residents of the State of Oregon

In the Exclusions section the following are removed: 4. violation of a criminal law, offense or infraction; 6. fraud or abuse or illegal activity of any kind by the Cardmember; The Proof of Loss section is hereby removed in its entirety and replaced with the following:

Proof of Loss

Proof of Loss requires You to send Us all the information We request, at Your expense, in order that Your claim may be evaluated and that We may make a determination as to whether the claim may be paid. You must provide Us with satisfactory Proof of Loss within ninety (90) days after We have provided You with instructions and/or a claim form in response to Your Notice of Claim or Your claim may be denied. Your Proof of Loss documentation may be mailed to Us at the same address provided above for mailing Your Notice of Claim. We reserve the right to request all the information We deem necessary to determine that Your claim is payable, and We will not consider that We have received complete Proof of Loss until the information We have requested is received. Proof of Loss may require documentation consisting of, but not necessarily limited to, the following: 1. Purchase Protection Claim Form; 2. the original itemized store receipt; 3. the insurance declaration forms for Your other sources of insurance or indemnity (e.g., homeowner's or renter's insurance); 4. a photograph of and/or repair estimate for the damaged property; and 5. or theft and vandalism claims, a report regarding the stolen or vandalized property must be filed with the appropriate authority before You call to file a claim under Purchase Protection.

No payment will be made on claims not substantiated in the manner required by Us. If all required documentation is not received within ninety (90) days of the date of the Covered Incident (except for documentation which has not been furnished for reasons beyond Your control), coverage may be denied. It is Your responsibility to provide all required documentation We request. You may be required to send in the damaged property at Your expense for further evaluation of Your claim. If requested, You must send in the damaged property within ninety (90) days from the date of Our request to remain eligible for coverage. PP-RDR1-OR 05/07

Applicable for residents of the State of South Dakota

The Legal Actions section is hereby removed in its entirety and replaced with the following: Legal Actions: No legal action may be brought to recover against this Plan until sixty (60) days after Proof of Loss has been received by Us. No such action may be brought after six (6) years from the time Proof of Loss is required to be given. PP/EW-RDR1-SD 05/07

Applicable for residents of the State of Texas

Purchase Protection is governed by form numbers PP-IND-TX 07/07 and PP-IND-End2 09/08 References to Description of Coverage and Master Policy throughout the above form have been changed to Policy. The definitions of Master Policyholder and Plan are hereby removed. The following definitions are added to the Definitions section. American Express® Card means any credit or charge card bearing an American Express trademark or logo issued by American Express Travel Related Services Company, Inc. or its subsidiaries or affiliates or any of their licensees which can be used to purchase goods or services at merchants on the American Express Network and which American Express Travel Related Services Company, Inc. designates as eligible for coverage under the Policy. Policy as used throughout means this contract issued to the Cardmember providing the benefits described herein. The following was added to the end of the Payment of Claim provision within fifteen (15) days after We receive Your Notice of Claim, We will: 1. acknowledge receipt of claim. If We do not acknowledge receipt of the claim in writing, We will keep a record of the date, method and content of the acknowledgement; 2. begin an investigation of the claim; and 3. request a signed, sworn Proof of Loss, specify the information You must provide and supply You with the necessary forms. We may request more information at a later date, if during the investigation of the claim such additional information is necessary. We will notify You in writing as to whether: 1. the claims or part of the claim will be paid; 2. the claim or part of the claim has been denied, and inform You of the reasons for denial, more information is necessary; or We need additional time to reach a decision. If We need additional time, We will inform You of the reasons for such need. We will pay for covered loss or damage within five (5) business days after: 1. We have notified You that payment of the claim or part of the claim will be made and have reached agreement with You on the amount of loss; or 2. an appraisal award has been made. However, if payment of the claim or part of the claim is condition on Your compliance with any of the terms of this Coverage part, We will make payment within five (5) business days after the date You have complied with such items.

The following provision is added to the General Provisions section.

ASSIGNMENT

No assignment will be acknowledged until it has been received by the Company. The Company does not make any acknowledgement of the effectiveness of an assignment or accept any responsibility for the validity or legality of any assignment.

In all other respects, the provisions and conditions of the Policy remain the same.

IMPORTANT NOTICE FOR TEXAS RESIDENTS

TO OBTAIN INFORMATION OR MAKE A COMPLAINT:

You may call AMEX Assurance's toll-free telephone number for information or to make a complaint at: 1-800-322-1277 You may also write to AMEX Assurance Company at: AMEX Assurance Company MC: 080120, 20022 N. 31st Ave. Phoenix, AZ 85027 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax# (512) 475-1771 Web: http://www.tdi.state.tx.gov E-mail: ConsumerProtection@tdi.state.tx.us

PREMIUM OR CLAIM DISPUTES

Should you have a dispute concerning your claim you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance.

ATTACH THIS NOTICE TO YOUR POLICY

This notice is for information only and does not become a part or condition of the attached document.

AVISO IMPORTANTE PARA LOS RESIDENTES DE TEXAS

PARA OBTENER INFORMACION O PARA SOMETER UNA QUEJA:

Usted puede llamar al numero de telefono gratis de AMEX Assurance Company's para informacion o para someter una queja al: 1-800-322-1277 Usted tambien puede escribir a AMEX Assurance Company: AMEX Assurance Company MC: 020120, 20022 N. 31st Ave. Phoenix, AZ 85027 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax# (512) 475-1771 Web: http://www.tdi.state.tx.gov E-mail: ConsumerProtection@tdi.state.tx.us

DISPUTAS SOBRE PRIMAS O RECLAMOS:

Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI).

UNA ESTE AVISO A SU POLIZA:

Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto.

NO-TX-PP 07/10

Applicable for Residents of the State of Vermont

In the Termination or Cancellation section the following is removed: The Company has the right to cancel the Policy at any time by sending a written notice at least [forty five (45)] days in advance to You at Your last known address. The notice will include the reason for cancellation. And replaced with the following: We may cancel this policy only for the reasons stated in this condition by notifying you in writing of the date cancellation takes effect. This cancellation notice may be delivered to you, or mailed by certified mail to you at your mailing address shown in the Declarations except that in the case of cancellation for non-payment of premium, the cancellation notice will be by certified mail or certificate of mailing. Proof of mailing will be sufficient proof of notice. 1) When you have not paid the premium, or there is a substantial increase in hazard, we may cancel at any time by notifying you at least 15 days before the date cancellation takes effect. (2) When this policy has been in effect for less than 60 days and is not a renewal with us, we may cancel for any reason by notifying you at least 45 days before the date cancellation takes effect. (3) When this policy has been in effect for 60 days or more or at any time if it is a renewal with us, we may cancel for one or more of the following reasons: (a) Non-payment of premium or substantial increase in hazard provided that in the case of substantial increase in hazard, we have secured approval for the cancellation from the commissioner of insurance. This can be done by notifying you 15 days before the date cancellation takes effect; or (b) Fraud or material misrepresentation affecting the policy or in the presentation of a claim, or violation of any provisions of the policy. This can be done by letting you know 45 days before the date cancellation takes effect. (4) When this policy is written for a period of more than one year, we may cancel for any reason at anniversary by letting you know at least 45 days before the date cancellation takes effect. Nonrenewal We may elect not to renew this policy. We may do so by delivering to you, or mailing by certified mail to you at your mailing address shown in the Declarations, written notice at least 45 days before the expiration date of this policy. Proof of mailing will be sufficient proof of notice. This condition does not apply: a. If we have manifested our willingness to renew; or b. In the case of non-payment of premium; or c. If you fail to pay any advance premium required by us for renewal; or d. If any insured property designated in the policy is insured under any other insurance policy. Renewal Of The Policy a. If we elect to renew this policy and have the necessary information to issue the renewal policy, we will confirm in writing at least 45 days prior to the expiration our intention to renew the policy and confirm the premium at which the policy is to be renewed. b. If we do not comply with the conditions set forth in the above paragraph, you will be granted renewal coverage at the rate or premium in effect on the expiration date, which has been approved by the Commissioner. This will be done on a pro rata basis and will continue for 45 days after his company confirms renewal coverage and premium. This provision will not apply if you accept the renewal policy. All other provisions of this policy apply. PP/EW-RDR1-VT 10/12

Applicable for Residents of your State

In the Exclusion section, Exclusion number 16 is being added and made part of the Description of Coverage: 16. Purchases lost or misplaced. Effective May 1, 2010, your certificate or policy is amended to reflect that Amex Assurance Company's Administrative Office is changed to MC: 080120 20022 N. 31st Avenue Phoenix, AZ 85027 / P.O. Box 53701 Phoenix, AZ 85072-9872
Effective May 1, 2010, your certificate or policy is amended to reflect that Amex Assurance Company's Claim Administrative Office is changed to P.O. Box 981553 El Paso, TX 79998-9920
All other terms of your certificate or policy remain unchanged. MG-ADCHG-END3 04/10

For Residents of Puerto Rico

DESCRIPTION OF COVERAGE

Underwritten by AMEX Assurance Company Mailing Address: P.O. Box 53701 Phoenix, AZ 85072-9872 Purchase Protection provides coverage for Your purchases for ninety (90) days from the date of purchase when You charge any portion of the price of the purchased item to Your Account. You will be reimbursed only for the amount charged to Your Account. (See Description of Benefits section.)

DEFINITIONS

Certain words used in this Description of Coverage are capitalized throughout and have special meanings. Wherever used herein, the singular shall include the plural, the plural shall include the singular, as the context requires. Account means Your American Express Card Account. Cardmember means a person who has been issued a United States of America based proprietary American Express Card, which is Current and in Good Standing, and who has a Permanent Residence in Puerto Rico. Covered item means any one item of property purchased worldwide as a gift or for personal or business use and charged to Your Account, except those specified under the Section titled Purchases Not Covered. Covered Incident means the theft of, or damage, whether by accident or vandalism, to any one item of property purchased worldwide as a gift or for personal or business use and charged to Your Account. 1. Theft means the unlawful taking from the Cardmember, of the covered item of property purchased and charged to his/her Account 2. Damage means the breaking, destruction and/or malfunction, whether by accident or vandalism of the covered item of property purchased and charged to the Cardmember Account 3. Vandalism means the willful or malicious destruction by a person other than the Cardmember, of the covered item of property purchased and charged to his/her Account. 4.Accident means the unforeseen and unplanned breaking, destruction and/or malfunction of the covered item of property purchased and charged to the Cardmember Account. Company means AMEX Assurance Company and its duly authorized agents. Current and in Good Standing means a Cardmember Account for which the monthly minimum requirement has been paid prior to the date in which the claim is payable. Master Policyholder means American Express Travel Related Services Company, Inc. Permanent Residence means the one primary dwelling place where the Cardmember resides and to which they intend to return. Plan means the Policy and the benefits described therein. Policy means the Group Insurance Master Policy issued to American Express Travel Related Services Company, Inc. We, Us, Our means the Company. You, Your means the Cardmember.

DESCRIPTION OF BENEFITS

We will pay You the expense charged to Your Account up to $1,000 for any one Covered Incident and up to $50,000 for all Covered Incidents during a calendar year. Purchase Protection provides benefits, for ninety (90) days from the date of purchase, if a Covered Incident occurs with respect to property You purchased and charged to Your Account. Our benefit payment will not include shipping and handling expenses or installation, assembly, professional advice, maintenance or other service charges or any product rebates, discounts or money received from lowest price comparison programs that reduced the original cost of the property. Our payment of any eligible benefit amount is further contingent upon Your Account being Current and in Good Standing. Only a Cardmember has a legal and equitable right to any insurance benefit that may be available under this Plan.

EXCLUSIONS

1. war or any act of war, whether declared or undeclared; 2. any activity directly related to and occurring while in the service of any armed military force of any nation state recognized by the United Nations; 3. participation in a riot, civil disturbance, protest or insurrection; 4. violation of a criminal law, offense or infraction; 5. natural disasters, including, but not limited to, hurricanes, floods, tornados, earthquakes or any other event in the course of nature, that occurs at the same time or in separate instances; 6. fraud or abuse or illegal activity of any kind by the Cardmember; 7. confiscation by any governmental authority, public authority, or customs official; 8. negligent failure of a duty to care by any third party in whose possession the property purchased by a Cardmember has been temporarily placed; 9. not being reasonably safeguarded by You; 10. theft from baggage not carried by hand and under Your personal supervision or under the supervision of a traveling companion known by You; 11. damage through alteration (including, but not limited to, cutting, sawing and shaping); 12. normal wear and tear, inherent product defect or manufacturer's defects or normal course of play; 13. damage or theft while under the care and control of a common carrier; 14. food spoilage; 15. leaving property at an unoccupied construction site; or 16. purchases lost or misplaced.

PURCHASES NOT COVERED

The following purchases are not covered: 1. travelers checks, tickets of any kind, negotiable instruments (including, but not limited to, gift certificates, gift cards and gift checks), cash or its equivalent; 2. animals or living plants; 3. rare stamps or coins; 4. consumable or perishable items with limited life spans (including, but not limited to, perfume, light bulbs, batteries); 5. antique or previously owned items; 6. motorized vehicles and watercraft, aircraft, and motorcycles or their motors, equipment, parts or accessories; 7. lost, stolen or damaged property consisting of articles in a pair or set. Coverage will be limited to no more than the value of any particular part or parts, unless the articles are unusable individually and cannot be replaced individually, regardless of any special value they may have had as part of a set or collection; 8. items purchased for resale, professional, or commercial use; 9. permanent household and/or business fixtures, including, but not limited to, carpeting, flooring and/or tile; 10. business fixtures, including, but not limited to, air conditioners, refrigerators, heaters; and 11. hospital, medical and dental equipment and devices.

CLAIMS PROVISIONS

If You experience a loss for which You believe a benefit is payable under this Plan, You must provide both Notice of Claim and Proof of Loss. To insure prompt processing of Your claim, report any theft or damage immediately following the date of the Covered Incident, including for gifts purchased with the Card. Retain Your receipts and Your damaged property (if applicable) until the claim process is complete.

Notice of Claim

Notice of Claim should be provided to Us within thirty (30) days of the loss. You may contact Us by calling toll-free stateside 1-800-322-1277 or, if from overseas, by calling collect 1-303-273-6498. You may also write to Us at Purchase Protection, PO Box 402, Golden, CO 80402. Failure to provide Notice of Claim within thirty (30) days will not invalidate a claim or reduce any benefit payment that may be found to be eligible, if it can be shown that it was provided as soon as reasonably possible. At the time You provide Us with Notice of Claim, We will assist You with Your Proof of Loss by providing You with instructions and/or documents, which You may have to complete and return to Us. You are required to cooperate with Us and provide documentation as requested by Us which is required and necessary to process Your claim and determine if benefits are payable.

Proof of Loss

Proof of Loss requires You to send Us all the information We request, at Your expense, in order that Your claim may be evaluated and that We may make a determination as to whether the claim may be paid. You must provide Us with satisfactory Proof of Loss within one year from the date of your Notice of Claim. Your Proof of Loss documentation may be mailed to Us at the same address provided above for mailing Your Notice of Claim. We reserve the right to request all the information We deem necessary to determine that Your claim is payable, and We will not consider that We have received complete Proof of Loss until the information We have requested is received. Proof of Loss may require documentation consisting of, but not necessarily limited to, the following: 1. a Purchase Protection Claim Form; 2. the original itemized store receipt; 3. the insurance declaration forms for Your other sources of insurance or indemnity (e.g., homeowner's or renter's insurance); 4. a photograph of and/or repair estimate for the damaged property; and 5. for theft and vandalism claims, a report regarding the stolen or vandalized property must be filed with the appropriate authority before You call to file a claim under Purchase Protection. No payment will be made on claims not substantiated in the manner required by Us. If all required documentation is not received within one year from the date of your Notice of Claim (except for documentation which has not been furnished for reasons beyond Your control), coverage may be denied. It is Your responsibility to provide all required documentation We request. You may be required to mail the damaged product to Us at Your expense for further evaluation of Your claim. If requested, You must mail it within one year from the date of request to remain eligible for coverage.

Payment of Claim

A claim for benefits provided by this Plan will be paid upon Our receipt and review of Your complete Proof of Loss documentation and Our determination that a claim is payable according to the terms of the Plan. Any payment made by Us in good faith pursuant to this or any other provision of this Plan will fully discharge Us to the extent of such payment. If other insurance is available to You which provides the same or similar coverage as that provided by this Plan, this Plan becomes excess and We will pay only that portion of the Covered Incident benefit which is not reimbursed by other insurance up to Our limits, as provided under the Description of Benefits section.

GENERAL PROVISIONS
Clerical Error

A clerical error made by the Company will not invalidate insurance otherwise validly in force nor continue insurance not validly in force.

Conformity with Puerto Rico and Federal Law

If a Plan provision does not conform to applicable provisions of Puerto Rico or Federal law, the Plan is hereby amended to comply with such law.

Entire Contract; Representation; Change

This Description of Coverage, the Policy and any applications, endorsements or riders make up the entire contract. Any statement You make is a representation and not a warranty. This Description of Coverage may be changed at any time by written agreement between the Master Policyholder and the Company. Only the President, Vice-President or Secretary of AMEX Assurance Company of Puerto Rico may change or waive the provisions of the Description of Coverage. No agent or other person may change the Description of Coverage or waive any of its terms. This Description of Coverage may be changed at any time. A copy of the Policy will be maintained and kept by the Master Policyholder and may be examined at any time.

Excess Coverage

If any loss under this Policy is insured under any other valid and collectible policy, then this Policy shall cover such loss, subject to its exclusions, conditions, provisions and other terms herein, only to the extent that the amount of such loss is in excess of the amount of such other insurance which is payable or paid.

Fraud

If any request for benefits made under the Plan is determined to be fraudulent, or if any fraudulent means or devices are used by You or by anyone acting on Your behalf to obtain benefits, all benefits will be forfeited. We do not provide coverage to a Cardmember who, whether before or after a loss, has: 1. concealed or misrepresented any fact upon which we rely, if the concealment or misrepresentation is material and is made with the intent to deceive; or 2. concealed or misrepresented any fact if the fact misrepresented contributes to the loss. Moreover, any person who knowingly and with the intent to defraud provides false information in an insurance application, or presents, assists, or makes a fraudulent claim for the payment of a loss or other benefit, or presents more than one claim for the same incident of damage or loss, will commit a felony and if convicted will be sentenced for each violation with a fine of no less than five thousand ($5,000) dollars and not exceeding ten thousand ($10,000) dollars, or be sentenced to prison for a fixed term of three (3) years, or both penalties.  In the event of aggravating circumstances, the term could be increased to a maximum of five (5) years; in the event of intervening extenuating circumstances it could be reduced up to a minimum of two (2) years.

Legal Actions

No legal action may be brought to recover against this Plan until sixty (60) days after Proof of Loss has been received by Us. No such action may be brought after three (3) years from the time written Proof of Loss is required to be given. If a time limit of this Plan is less than allowed by the laws of Puerto Rico, the limit is extended to meet the minimum time allowed by such law.

Right of Recovery

If We make a payment to You under this Plan and You recover an amount from another, equal to or less than Our payment, You shall hold in trust for Us the proceeds of the recovery and reimburse Us to the extent of Our payment. If Our payments exceed the maximum amount payable under the benefits of this Plan, We have the right to recover from You any amount exceeding the maximum amount payable.

Subrogation

In the event of any payment under this Policy, We shall be subrogated to the extent of such payment to all Your rights of recovery. You shall execute all papers required and shall do everything necessary to secure and preserve such rights, including the execution of such documents necessary to enable Us to effectively bring suit or otherwise pursue subrogation rights in Your name. You shall do nothing to prejudice such subrogation rights. We shall be entitled to a recovery as stated in these provisions only after You have been fully compensated for damages by another party.

Termination or Cancellation

Coverage will cease on the earliest of the following: 1. the date You no longer maintain a Permanent Residence in Puerto Rico; to the extent that the new Permanent Residence is in one of the 50 states of the United States of America or the District of Columbia, the Cardmember may be eligible for coverage under a separate plan provided by AMEX Assurance Company or another underwriter, the terms of which can be obtained by calling the toll free number on the back of your American Express Card. 2. the date We determine that You or someone on Your behalf intentionally misrepresented or fraud occurred; 3. the date the Policy is cancelled; 4. the date You are no longer a Cardmember; 5. the date Your Account ceases to remain Current and in Good Standing; or 6. the date the Plan is not available in the location where You maintain a Permanent Residence. Termination or Cancellation of coverage will not prejudice any claim originating prior to termination or cancellation subject to all other terms of the Policy. The Company can cancel this Master Policy for the following reasons: non-payment of premiums due to the Company by the Master Policyholder; high loss experience or; the Company decision to stop underwriting this kind of insurance program. The Cardmember has the right to know and/or request the grounds on which the Policy is cancelled. To that effect, the Company must provide sixty (60) days written notice prior to the date cancellation is effective, indicating in such notice the reason for cancellation. If the Company cancels, the Master Policyholder must assist the Company in notifying Cardmembers of the date their insurance is cancelled.

Master Policyholder Cancellation

The Master Policyholder may cancel the Master Policy by giving the Company written notice of what future date the Master Policy shall be cancelled. The Master Policyholder must notify Cardmembers of the date their coverage is cancelled or replaced. The Master Policyholder must provide to the Company sixty (60) days written notice and to the Cardmember thirty (30) days written notice prior to the date cancellation is effective.

IMPORTANT ADDITIONAL INFORMATION FOR YOU

American Express Travel Related Services Company, Inc. operates a program called the Membership Rewards® program. That program permits enrolled Cardmembers to earn Membership Rewards points and to purchase goods from participating merchants using Membership Rewards redemption certificates.

For those eligible and enrolled in the Membership Rewards program, Purchase Protection benefits under this Plan are also paid when the purchased property is received through the redemption of a Membership Rewards redemption certificate. Payment or credit will not exceed the original assigned value of the property received through redemption of a Membership Rewards redemption certificate up to the stated limits, excluding shipping and handling expenses. Benefits will not be paid when a Membership Rewards redemption certificate has been transferred to a non-eligible Cardmember or non-Cardmembers.

This Description of Coverage replaces any other Description of Coverage that You may have previously received for Purchase Protection. This Description of Coverage is an important document. Please read it and keep it in a safe place. The Cardmember can request a copy of the Master Policy by calling 1-800-322-1277. IN WITNESS WHEREOF, We have caused this Description of Coverage to be signed by Our officers:
Description of Coverage to be signed by Our officers
PP-DOC-CCSG1-PR

FOR RESIDENTS OF U.S. VIRGIN ISLANDS
DESCRIPTION OF COVERAGE

Underwritten by AMEX Assurance Company Mailing Address: P.O. Box 53701 Phoenix, AZ 85072-9872 Purchase Protection provides coverage for Your purchases for ninety (90) days from the date of purchase when You charge any portion of the price of the purchased item to Your Account. You will be reimbursed only for the amount charged to Your Account. (See Description of Benefits section.)

DEFINITIONS

Certain words used in this Description of Coverage are capitalized throughout and have special meanings. Wherever used herein, the singular shall include the plural, the plural shall include the singular, as the context requires. Account means Your American Express Card Account. Cardmember means a person who has been issued a United States of America based proprietary American Express Card, which is Current and in Good Standing, and who has a Permanent Residence in The United States Virgin Islands. Covered item means any one item of property purchased worldwide as a gift or for personal or business use and charged to Your Account, except those specified under the Section titled Purchases Not Covered. Covered Incident means the theft of, or damage, whether by accident or vandalism, to any one item of property purchased worldwide as a gift or for personal or business use and charged to Your Account. 1. Theft means the unlawful taking from the Cardmember, of the covered item of property purchased and charged to his/her Account 2. Damage means the breaking, destruction and/or malfunction, whether by accident or vandalism of the covered item of property purchased and charged to the Cardmember Account 3. Vandalism means the willful or malicious destruction by a person other than the Cardmember, of the covered item of property purchased and charged to his/her Account. 4. Accident means the unforeseen and unplanned breaking, destruction and/or malfunction of the covered item of property purchased and charged to the Cardmember Account. Company means AMEX Assurance Company of North America and its duly authorized agents. Current and in Good Standing means a Cardmember Account for which the monthly minimum requirement has been paid prior to the date in which the claim is payable. Master Policyholder means American Express Travel Related Services Company, Inc. Permanent Residence means the one primary dwelling place where the Cardmember resides and to which they intend to return. Plan means the Policy and the benefits described therein. Policy means the Group Insurance Master Policy issued to American Express Travel Related Services Company, Inc. We, Us, Our means the Company. You, Your means the Cardmember.

DESCRIPTION OF BENEFITS

We will pay You the expense charged to Your Account up to $1,000 for any one Covered Incident and up to $50,000 for all Covered Incidents during a calendar year. Purchase Protection provides benefits, for ninety (90) days from the date of purchase, if a Covered Incident occurs with respect to property You purchased and charged to Your Account. Our benefit payment will not include shipping and handling expenses or installation, assembly, professional advice, maintenance or other service charges or any product rebates, discounts or money received from lowest price comparison programs that reduced the original cost of the property. Our payment of any eligible benefit amount is further contingent upon Your Account being Current and in Good Standing. Only a Cardmember has a legal and equitable right to any insurance benefit that may be available under this Plan.

EXCLUSIONS

Benefits are not payable if the loss for which coverage is sought was directly or indirectly, wholly or partially, contributed to or caused by: 1. war or any act of war, whether declared or undeclared; 2. any activity directly related to and occurring while in the service of any armed military force of any nation state recognized by the United Nations; 3. participation in a riot, civil disturbance, protest or insurrection; 4. violation of a criminal law, offense or infraction; 5. natural disasters, including, but not limited to, hurricanes, floods, tornados, earthquakes or any other event in the course of nature, that occurs at the same time or in separate instances; 6. fraud or abuse or illegal activity of any kind by the Cardmember; 7. confiscation by any governmental authority, public authority, or customs official; 8. negligent failure of a duty to care by any third party in whose possession the property purchased by a Cardmember has been temporarily placed; 9. not being reasonably safeguarded by You; 10. theft from baggage not carried by hand and under Your personal supervision or under the supervision of a traveling companion known by You; 11. damage through alteration (including, but not limited to, cutting, sawing and shaping); 12. normal wear and tear, inherent product defect or manufacturer's defects or normal course of play; 13. damage or theft while under the care and control of a common carrier; 14. food spoilage; 15. leaving property at an unoccupied construction site; or 16. purchases lost or misplaced.

PURCHASES NOT COVERED

The following purchases are not covered: 1. travelers checks, tickets of any kind, negotiable instruments (including, but not limited to, gift certificates, gift cards and gift checks), cash or its equivalent; 2. animals or living plants; 3. rare stamps or coins; 4. consumable or perishable items with limited life spans (including, but not limited to, perfume, light bulbs, batteries); 5. antique or previously owned items; 6. motorized vehicles and watercraft, aircraft, and motorcycles or their motors, equipment, parts or accessories; 7. lost, stolen or damaged property consisting of articles in a pair or set. Coverage will be limited to no more than the value of any particular part or parts, unless the articles are unusable individually and cannot be replaced individually, regardless of any special value they may have had as part of a set or collection; 8. items purchased for resale, professional, or commercial use; 9. permanent household and/or business fixtures, including, but not limited to, carpeting, flooring and/or tile; 10. business fixtures, including, but not limited to, air conditioners, refrigerators, heaters; and 11. hospital, medical and dental equipment and devices.

CLAIMS PROVISIONS

If You experience a loss for which You believe a benefit is payable under this Plan, You must provide both Notice of Claim and Proof of Loss. To insure prompt processing of Your claim, report any theft or damage immediately following the date of the Covered Incident, including for gifts purchased with the Card. Retain Your receipts and Your damaged property (if applicable) until the claim process is complete.

Notice of Claim

Notice of Claim should be provided to Us within thirty (30) days of the loss. You may contact Us by calling toll-free stateside 1-800-322-1277 or, if from overseas, by calling collect 1-303-273-6498. You may also write to Us at Purchase Protection, PO Box 402, Golden CO 80402-0402. Failure to provide Notice of Claim within thirty (30) days will not invalidate a claim or reduce any benefit payment that may be found to be eligible, if it can be shown that it was provided as soon as reasonably possible. At the time You provide Us with Notice of Claim, We will assist You with Your Proof of Loss by providing You with instructions and/or documents, which You may have to complete and return to Us. You are required to cooperate with Us and provide documentation as requested by Us which is required and necessary to process Your claim and determine if benefits are payable.

Proof of Loss

Proof of Loss requires You to send Us all the information We request, at Your expense, in order that Your claim may be evaluated and that We may make a determination as to whether the claim may be paid. You must provide Us with satisfactory Proof of Loss within one year from the date of your Notice of Claim. Your Proof of Loss documentation may be mailed to Us at the same address provided above for mailing Your Notice of Claim. We reserve the right to request all the information We deem necessary to determine that Your claim is payable, and We will not consider that We have received complete Proof of Loss until the information We have requested is received. Proof of Loss may require documentation consisting of, but not necessarily limited to, the following: 1. a Purchase Protection Claim Form; 2. the original itemized store receipt; 3. the insurance declaration forms for Your other sources of insurance or indemnity (e.g., homeowner's or renter's insurance); 4. a photograph of and/or repair estimate for the damaged property; and 5. for theft and vandalism claims, a report regarding the stolen or vandalized property must be filed with the appropriate authority before You call to file a claim under Purchase Protection. No payment will be made on claims not substantiated in the manner required by Us. If all required documentation is not received within one year from the date of your Notice of Claim (except for documentation which has not been furnished for reasons beyond Your control), coverage may be denied. It is Your responsibility to provide all required documentation We request. You may be required to mail the damaged product to Us at Your expense for further evaluation of Your claim. If requested, You must mail it within one year from the date of request to remain eligible for coverage.

Payment of Claim

A claim for benefits provided by this Plan will be paid upon Our receipt and review of Your complete Proof of Loss documentation and Our determination that a claim is payable according to the terms of the Plan. Any payment made by Us in good faith pursuant to this or any other provision of this Plan will fully discharge Us to the extent of such payment. If other insurance is available to You which provides the same or similar coverage as that provided by this Plan, this Plan becomes excess and We will pay only that portion of the Covered Incident benefit which is not reimbursed by other insurance up to Our limits, as provided under the Description of Benefits section.

GENERAL PROVISIONS
Clerical Error

A clerical error made by the Company will not invalidate insurance otherwise validly in force nor continue insurance not validly in force.

Conformity with The United States Virgin Islands and Federal Law

If a Plan provision does not conform to applicable provisions of The United States Virgin Islands or Federal law, the Plan is hereby amended to comply with such law.

Entire Contract; Representation; Change

This Description of Coverage, the Policy and any applications, endorsements or riders make up the entire contract. Any statement You make is a representation and not a warranty. This Description of Coverage may be changed at any time by written agreement between the Master Policyholder and the Company. Only the President, Vice-President or Secretary of AMEX Assurance Company of North America may change or waive the provisions of the Description of Coverage. No agent or other person may change the Description of Coverage or waive any of its terms. This Description of Coverage may be changed at any time. A copy, of the Policy will be maintained and kept by the Master Policyholder and may be examined at any time.

Excess Coverage

If any loss under this Policy is insured under any other valid and collectible policy, then this Policy shall cover such loss, subject to its exclusions, conditions, provisions and other terms herein, only to the extent that the amount of such loss is in excess of the amount of such other insurance which is payable or paid.

Fraud

If any request for benefits made under the Plan is determined to be fraudulent, or if any fraudulent means or devices are used by You or by anyone acting on Your behalf to obtain benefits, all benefits will be forfeited. We do not provide coverage to a Cardmember who, whether before or after a loss, has: 1. concealed or misrepresented any fact upon which we rely, if the concealment or misrepresentation is material and is made with the intent to deceive; or 2. concealed or misrepresented any fact if the fact misrepresented contributes to the loss.

Legal Actions

No legal action may be brought to recover against this Plan until sixty (60) days after Proof of Loss has been received by Us. No such action may be brought after three (3) years from the time written Proof of Loss is required to be given. If a time limit of this Plan is less than allowed by the laws of The United States Virgin Islands, the limit is extended to meet the minimum time allowed by such law.

Right of Recovery

If We make a payment to You under this Plan and You recover an amount from another, equal to or less than Our payment, You shall hold in trust for Us the proceeds of the recovery and reimburse Us to the extent of Our payment. If Our payments exceed the maximum amount payable under the benefits of this Plan, We have the right to recover from You any amount exceeding the maximum amount payable.

Subrogation

In the event of any payment under this Policy, We shall be subrogated to the extent of such payment to all Your rights of recovery. You shall execute all papers required and shall do everything necessary to secure and preserve such rights, including the execution of such documents necessary to enable Us to effectively bring suit or otherwise pursue subrogation rights in Your name. You shall do nothing to prejudice such subrogation rights. We shall be entitled to a recovery as stated in these provisions only after You have been fully compensated for damages by another party.

Termination or Cancellation

Coverage will cease on the earliest of the following: 1. the date You no longer maintain a Permanent Residence in The United States Virgin Islands; to the extent that the new Permanent Residence is in one of the 50 states of the United States of America or the District of Columbia, the Cardmember may be eligible for coverage under a separate plan provided by AMEX Assurance Company or another underwriter, the terms of which can be obtained by calling the toll free number on the back of your American Express Card. 2. the date We determine that You or someone on Your behalf intentionally misrepresented or fraud occurred; 3. the date the Policy is cancelled; 4. the date You are no longer a Cardmember; 5. the date Your Account ceases to remain Current and in Good Standing; or 6. the date the Plan is not available in the location where You maintain a Permanent Residence. Termination or Cancellation of coverage will not prejudice any claim originating prior to termination or cancellation subject to all other terms of the Policy. The Company can cancel this Master Policy for the following reasons: non-payment of premiums due to the Company by the Master Policyholder; high loss experience or; the Company decision to stop underwriting this kind of insurance program. The Cardmember has the right to know and/or request the grounds on which the Policy is cancelled. To that effect, the Company must provide sixty (60) days written notice, actually delivered or mailed by certified mail, prior to the date cancellation is effective, indicating in such notice the reason for cancellation. If the Company cancels, the Master Policyholder must assist the Company in notifying Cardmembers of the date their insurance is cancelled.

Master Policyholder Cancellation

The Master Policyholder may cancel the Master Policy by giving the Company written notice of what future date the Master Policy shall be cancelled. The Master Policyholder must notify Cardmembers of the date their coverage is cancelled or replaced. The Master Policyholder must provide to the Company sixty (60) days written notice and to the Cardmember thirty (30) days written notice prior to the date cancellation is effective. actually delivered or mailed by certified mail, prior to the date cancellation is effective, indicating in such notice the reason for cancellation.

IMPORTANT ADDITIONAL INFORMATION FOR YOU

American Express Travel Related Services Company, Inc. operates a program called the Membership Rewards® program. That program permits enrolled Cardmembers to earn Membership Rewards points and to purchase goods from participating merchants using Membership Rewards redemption certificates. For those eligible and enrolled in the Membership Rewards program, Purchase Protection benefits under this Plan are also paid when the purchased property is received through the redemption of a Membership Rewards redemption certificate. Payment or credit will not exceed the original assigned value of the property received through redemption of a Membership Rewards redemption certificate up to the stated limits, excluding shipping and handling expenses. Benefits will not be paid when a Membership Rewards redemption certificate has been transferred to a non-eligible Cardmember or non-Cardmembers. This Description of Coverage replaces any other Description of Coverage that You may have previously received for Purchase Protection.

This Description of Coverage is an important document. Please read it and keep it in a safe place.

IN WITNESS WHEREOF, We have caused this Description of Coverage to be signed by Our officers:
Description of Coverage to be signed by Our officers
PP-DOC-CCSG1-VI

Notice of Claim Address Change Endorsement

THIS ENDORSEMENT CHANGES YOUR DESCRIPTION OF COVERAGE/CERTIFICATE. PLEASE READ IT CAREFULLY. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

The section regarding Notice of Claim is amended to reflect AMEX Assurance Company's new claims address is: P.O. Box 981553, El Paso, TX 79998-9920 Notice of any claim you may have should be directed only to the above address for the following Descriptions of Coverage or Certificates: EW-DOC-CCSG1-VI, EW-DOC-CCSG2-VI, EW-DOC-OSBN2-VI, EW-DOC-OSBN1-VI, PP-DOC-OSBN1-VI, PP-DOC-OSBN2-VI, PP-DOC-CCSG1-VI, PP-DOC-CCSG2-VI, TAI-DOC-VI, BIP-DOC-VI, BIP-DOC-PLAT-VI USVI ADCHG END 12.12

©2014 American Express Travel Related Services Company, Inc.

Privacy Notice

Rev. 6/2013
FACTS
WHAT DOES AMERICAN EXPRESS DO WITH YOUR PERSONAL INFORMATION?
Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What? The types of personal information we collect and share depend on the product or service you have with us. This information can include:
  • Social Security number and income
  • transaction history and account history
  • insurance claim history and credit history
How? All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons American Express chooses to share; and whether you can limit this sharing.
Reasons we can share personal information Does American Express share? Can you limit this sharing?
For our everyday business purposes —
such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus
Yes No
For our marketing purposes —
to offer our products and services to you
Yes No
(but please see the "To limit direct marketing" box below for information about additional privacy choices)
For joint marketing with other financial companies Yes No
For our affiliates' everyday business purposes —
information about your transactions and experiences
Yes No
For our affiliates' everyday business purposes —
information about your creditworthiness
Yes Yes
For our affiliates to market to you
Yes Yes
For nonaffiliates to market to you
No
(although we may share aggregated or de-identified data)
We don't share personal information
To limit our sharing Call 1-877-486-5990
Please note:
If you are a new customer, we can begin sharing your personal information 30 days from the date we sent this notice. When you are no longer our customer, we continue to share your personal information as described in this notice.
However, you can contact us at any time to limit our sharing.
To limit direct marketing We provide additional privacy choices to customers. Privacy elections you make for any one product or service may not automatically be applied to other products and services. To let us know if you do not want us to use your personal information to communicate with you about offers by mail, telephone, and/or e-mail: Call 1-877-486-5990
Questions? Call 1-877-486-5990 or go to bluebird.com
Who we are
Who is providing
this notice?
American Express Travel Related Services Company, Inc. and other American Express affiliates that provide financial products or services, including American Express Centurion Bank, American Express Bank, FSB, American Express Prepaid Card Management Corporation, and AMEX Assurance Company.
What we do
How does American Express protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.
How does American Express collect my personal information? We collect your personal information, for example, when you
  • open an account or pay your bills
  • give us your income information or give us your contact information
  • use your credit card
We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
Why can't I limit all sharing of personal information? Federal law gives you the right to limit only
  • sharing for affiliates' everyday business purposes — information about your creditworthiness
  • affiliates from using your information to market to you
  • sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.
What happens when I limit sharing for an account I hold jointly with someone else? Your choices will apply to everyone on your account.
Definitions
Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies.
  • Our affiliates include companies with the American Express name, including financial companies such as American Express Travel Related Services Company, Inc. and nonfinancial companies such as American Express Publishing. Affiliates may also include other companies related by common ownership or control, such as Serve Virtual Enterprises, Inc. and AMEX Assurance Company, a provider of American Express Card-related insurance services.
Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies.
  • Nonaffiliates with which we share personal information include service providers, including, for example, direct marketers, that perform services or functions on our behalf.
Joint marketing A formal agreement between nonaffiliated companies that together market financial products or services to you.
  • Our joint marketing partners include financial companies.
Other important information
We may transfer personal information to other countries, for example, for customer service or to process transactions.

AMEX Assurance Company customers: You may have the right to access and correct recorded personal information. Personal information may be disclosed by us to detect fraud or misrepresentation, to verify insurance coverage, to an insurance regulatory authority, law enforcement or other governmental authority pursuant to law, or to a group policyholder for purposes of reporting claims experience or conducting an audit. Personal information related to insurance claim activity obtained from a report prepared by an insurance-support organization on our behalf may be retained by such organization and disclosed as required by law. State law may be more protective than federal law.

California: If your American Express account has a California billing address, we will not share your personal information except to the extent permitted under California law.

Texas: American Express entities American Express Travel Related Services Company, Inc. and American Express Prepaid Card Management Corporation are Texas Department of Banking money services business license holders. If you have a complaint regarding an American Express prepaid card, contact the customer service division of American Express by calling 1-877-297-4438. If you have a complaint regarding an American Express travelers cheque product or purchase of foreign currency, contact the customer service division of American Express by calling 1-800-221-7282. After contacting our customer service division, if you still have an unresolved complaint, please direct your complaint to: Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554 (toll free), www.dob.texas.gov, consumer.complaints@dob.texas.gov.

Vermont: If your American Express account has a Vermont billing address, we will automatically treat your account as if you have directed us not to share information about your creditworthiness with our affiliates.
FACTS
WHAT DOES AMERICAN EXPRESS DO WITH YOUR PERSONAL INFORMATION?
Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What? The types of personal information we collect and share depend on the product or service you have with us. This information can include:
  • Social Security number and income
  • transaction history and account history
  • insurance claim history and credit history
How? All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons American Express chooses to share; and whether you can limit this sharing.
Reasons we can share personal information Does American Express share? Can you limit this sharing?
For our everyday business purposes
such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus
Yes No
For our marketing purposes
to offer our products and services to you
Yes No (but please see the “To limit direct marketing” box below for information about additional privacy choices)
For joint marketing with other financial companies Yes No
For our affiliates' everyday business purposes
information about your transactions and experiences
Yes No
For our affiliates' everyday business purposes
information about your creditworthiness
Yes Yes
For our affiliates to market to you Yes Yes
For nonaffiliates to market to you No (although we may share aggregated or de-identified data) We don't share personal information
To limit our sharing Call 1-800-722-8614
Please note: If you are a newcustomer, we can begin sharing your personal information 30 days from the date we sent this notice. When you are no longerour customer, we continue to share your personal information as described in this notice. However, you can contact us at any time to limit our sharing.
To limit direct marketing  We provide additional privacy choices to customers. Privacy elections you make for any one product or service may not automatically be applied to other products and services. To let us know if you do not want us to use your personal information to communicate with you about offers by mail, telephone, and/or e-mail: Call 1-800-722-8614
Questions? Call 1-877-486-5990 or go to bluebird.com
Who we are
Who is providing this notice? American Express Travel Related Services Company, Inc. and other American Express affiliates that provide financial products or services, including American Express Centurion Bank, American Express Bank, FSB, American Express Prepaid Card Management Corporation, and AMEX Assurance Company.
What we do
How does American Express protect my personal information?

To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

How does American Express collect my personal information?

We collect your personal information, for example, when you

  • open an account or pay your bills
  • give us your income information or give us your contact information
  • use your credit card

We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

Why can't I limit all sharing of personal information?

Federal law gives you the right to limit only

  • sharing for affiliates' everyday business purposes — information about your creditworthiness
  • affiliates from using your information to market to you sharing for nonaffiliates to market to you

State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.

What happens when I limit sharing for an account I hold jointly with someone else? Your choices will apply to everyone on your account.
Definitions
Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies.
  • Our affiliates include companies with the American Express name, including financial companies such as American Express Travel Related Services Company, Inc. and nonfinancial companies such as American Express Publishing. Affiliates may also include other companies related by common ownership or control, such as Serve Virtual Enterprises, Inc. and AMEX Assurance Company, a provider of American Express Card-related insurance services.
Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies.
  • Nonaffiliates with which we share personal information include service providers, including, for example, direct marketers, that perform services or functions on our behalf.
Joint marketing  A formal agreement between nonaffiliated companies that together market financial products or services to you.
  • Our joint marketing partners include financial companies.
Other important information
We may transfer personal information to other countries, for example, for customer service or to process transactions. AMEX Assurance Company customers: You may have the right to access and correct recorded personal information. Personal information may be disclosed by us to detect fraud or misrepresentation, to verify insurance coverage, to an insurance regulatory authority, law enforcement or other governmental authority pursuant to law, or to a group policyholder for purposes of reporting claims experience or conducting an audit. Personal information related to insurance claim activity obtained from a report prepared by an insurance-support organization on our behalf may be retained by such organization and disclosed as required by law. State law may be more protective than federal law. California: If your American Express account has a California billing address, we will not share your personal information except to the extent permitted under California law.Texas: American Expressentities American Express Travel Related Services Company, Inc.and American Express Prepaid Card Management Corporationare Texas Department of Banking money services business license holders. If you have a complaint regarding an American Expressprepaid card, contact the customer service division of American Expressby calling 1-877-297-4438. If you have a complaint regarding an American Expresstravelers cheque product or purchase of foreign currency, contact the customer service division of American Expressby calling 1-800-221-7282. After contacting our customer service division, if you still have an unresolved complaint, please direct your complaint to: Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554 (toll free), www.dob.texas.gov, consumer.complaints@dob.texas.gov. Vermont: If your American Express account has a Vermont billing address, we will automatically treat your account as if you have directed us not to share information about your creditworthiness with our affiliates.

Bluebird® by American Express® Image Upload Terms and Conditions


Bluebird allows you to personalize your account with an image/photograph and may allow you to upload images to other parts of Bluebird.com or through other tools made available by Bluebird in connection with your account. By uploading an image (the “Image”), you:

  • represent and warrant to American Express Company that (a) you are the owner of the Image or you have all necessary written permissions and/or authorizations from the owner to use the same and (b) any Image provided by you does not infringe the copyright rights of any other party;
  • grant American Express, its affiliates, advertising agencies and licensees/transferees, a perpetual, worldwide, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable, unrestricted license to use, display, reproduce, distribute and create derivative works of the Image on any American Express website or other media now known or hereafter created; and
  • acknowledge that American Express (and its agents) may review each Image submitted and has the right to refuse any Image at any time in its sole discretion and without reason or notice to you.

The Image you provide through your Bluebird account must be in BMP, TIFF, JPG, GIF, or PNG format, must not exceed 8MB in size, and must not include any of the following:

  • Persons other than you, except for those who have given you written, notarized permission;
  • Children under 18 years of age, unless you are the parent or legal guardian of said children;
  • Depictions of any company names, trademarks, logos, slogans or brands in a disparaging or derogatory manner;
  • Advertising or promotional materials;
  • Any personal information, such as phone numbers, addresses, Social Security numbers, financial account numbers, PIN numbers or e-mail addresses;
  • Domain names;
  • Violent, bloody, indecent, profane, pornographic, nude or semi-nude and obscene or otherwise provocative content;
  • Culturally, racially or socially insensitive or otherwise discriminatory or harassing content;
  • Depictions or promotion of the use of illegal drugs, alcohol, tobacco, gambling or firearms or related materials or activities;
  • Political or religious expressions opinions or beliefs;
  • Libelous, derogatory or defamatory content;
  • Content that violates the American Express Terms of Service; or
  • Content that violates any applicable rules, regulations, ordinances or laws.

Bluebird Text Alert Program Terms and Conditions (“Agreement”)


Last Modified: March 26, 2013

PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS BEFORE REGISTERING FOR AND USING THE BLUEBIRD TEXT ALERT PROGRAM (THE “SMS SERVICE”). BY REGISTERING FOR AND USING THE SMS SERVICE OR BY OTHERWISE INDICATING THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC. (“AXP” or “WE,” “OUR” AND/OR “US”), AND YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER (or nineteen (19) years of age if you reside in a state where the age of majority is nineteen (19)) OR ARE 13 YEARS OR OLDER AND HAVE OBTAINED APPROPRIATE CONSENT FROM YOUR PARENT OR LEGAL GUARDIAN AND RESIDE IN THE UNITED STATES. WE ARE WILLING TO PROVIDE YOU THE SMS SERVICE ONLY IF YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT COMPLETE YOUR REGISTRATION FOR THE SMS SERVICE, AND/OR YOU MUST STOP USING THE SMS SERVICE.

Table of Contents
A. Definitions

The SMS Service is provided by us through the facilities of a wireless service provider(s) selected by you (“Wireless Service Provider”). A “Technology Provider” is a third party provider of technology services necessary to operate the SMS Service. “Equipment" means the wireless receiving equipment through which you intend to access and use the SMS Service. “System" means the computer hardware and software owned or operated by us or any Technology Provider and used in providing the SMS Service.

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B. No Amendment of Existing Terms and Conditions For Bluebird Accounts

THE TEXT MESSAGES (OTHERWISE KNOWN AS SHORT MESSAGE SERVICE OR “SMS”) THAT YOU SELECT TO BE PROVIDED TO YOU THROUGH THE SMS SERVICE ARE FOR CONVENIENCE PURPOSES ONLY AND DO NOT AMEND, SUPPLEMENT, CHANGE OR REPLACE ANY OTHER NOTICE OR INFORMATION THAT YOU MAY RECEIVE OR MAY HAVE RECEIVED IN CONNECTION WITH YOUR BLUEBIRD ACCOUNT, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED TO YOU ON YOUR MONTHLY STATEMENT, MEMBER AGREEMENT OR THE BLUEBIRD WEBSITE AND/OR BLUEBIRD MOBILE APPLICATION (COLLECTIVELY, “BLUEBIRD SITE”). AS A BLUEBIRD ACCOUNT HOLDER (“MEMBER”), YOUR USE OF THE SMS SERVICE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS OF THE BLUEBIRD MEMBER AGREEMENT (THE “MEMBER AGREEMENT”). THIS AGREEMENT IS MADE PURSUANT TO THE MEMBER AGREEMENT. ALL TERMS AND CONDITIONS OF THE MEMBER AGREEMENT, INCLUDING WITHOUT LIMITATION ANY APPLICABLE ARBITRATION OR DISPUTE RESOLUTION PROVISIONS, APPLY TO YOUR USE OF THE SMS SERVICE UNLESS SPECIFICALLY MODIFIED BY THIS AGREEMENT. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR BLUEBIRD ACCOUNT OR THE STATUS OF YOUR BLUEBIRD ACCOUNT, YOU SHOULD CALL CUSTOMER SERVICE AT 1-877-486-5990 (INTERNATIONAL COLLECT 1-801-449-4016).

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C. SMS/Text Messages

You may opt in on the Bluebird Site to receive the SMS Service on or through your wireless device or other Equipment. If you opt in to receive the SMS Service, you agree to receive via SMS communications otherwise known as “text messages” from us at the U.S. mobile number you have provided and verified for such purposes.

The SMS Service allows Members and Sub-Account Users who have successfully opted in to the SMS Service, and who have successfully verified their U.S. mobile number(s), to use SMS to conduct certain inquiries with respect to their Bluebird Account or Sub-Account, such as, for example, to check their Available Funds, to view a designated number of the most recent transactions involving their Bluebird Account or Bluebird Sub-Account, etc. The SMS Service also allows Members who have successfully opted in to the SMS Service, and who have successfully verified their U.S. mobile number(s), to transact with one another via SMS (i.e., to send or request money to or from another Member via SMS), which transactions Members may be able to initiate either on or through the Bluebird Site or directly from their wireless device or other Equipment. (Note that the SMS Service will not facilitate a Member sending or requesting money by text message to a mobile phone number of another Member if that Member has not successfully verified his or her mobile number and has not expressly opted in to receive such text messages at such mobile number.)

If you, as a Member or Sub-Account User, have successfully registered for and opted in to the SMS Service and have successfully verified your U.S. mobile number(s) you wish to use in connection with the SMS Service, you understand that you will receive text messages in connection with your use of the SMS Service to, among other things, provide you with the information you request, and otherwise in connection with certain transactions initiated by you, or initiated by other Members that wish to transact with you via SMS (e.g., by sending to you, or requesting from you, money). In addition to those messages, you understand that, as part of the SMS Service, you also may receive error messages, confirmatory messages and other similar administrative messages from us via text at your U.S. mobile number you have provided for such purposes.

You may cancel your enrollment in the SMS Service at any time by replying “STOP” to any SMS Service text message you receive from us or by texting “STOP” to BBIRD (22473), and you understand that, for your protection, you may receive a text message on your U.S. mobile number confirming your cancellation. If you require information or assistance, reply “HELP" to any text message you receive from us or text “HELP" to BBIRD (22473), or call Customer Service at 1-877-486-5990 (International Collect 1-801-449-4016).

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D. Fees

As of the date you have agreed to this Agreement, we do not charge for use of the SMS Service or access to the Information (defined below). However, your Wireless Service Provider may levy fees or charges for receipt or sending of messages by your Equipment through the SMS Service (including, without limitation, any error messages, confirmatory messages or other administrative messages that you may receive in connection with your use of the SMS Service), and you are solely responsible for such charges, which may appear on your Wireless Service Provider's bill or deducted from your pre-paid wireless balance.

You are also responsible for any fees associated with use of the Equipment and you represent that you are the owner or authorized user of the Equipment that you use to sign up for and to use the SMS Service, and that you are authorized to approve any applicable charges.

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E. Information

We are providing you with access to various types of information through the SMS Service which may include, without limitation, your account and other financial information directions (the “Information”) solely for your own use and not for further redistribution. The Information is our property and is protected by applicable law. We reserve any rights not expressly granted herein. All Information is believed to be accurate and timely (subject to any delays), but we and our Technology Providers do not warrant or guarantee such accuracy or timeliness.

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F. Availability/Interruption/Termination

The SMS Service and System are available through your Equipment when it is within the operating range of your Wireless Service Provider. Note that the SMS Service may not be available on all Equipment, or through all wireless carriers, and not all functionalities of the SMS Service are available on all Equipment, or through all wireless carriers. Alltel, AT&T, Boost, Cellular Communications, Cellular South, Cincinnati Bell, Cricket, InterOp, MetroPCS, nTelos, Nextel, Sprint, T-Mobile, U.S. Cellular, Verizon Wireless and Virgin Mobile are participating wireless carriers for the SMS Service.

The SMS Service is subject to transmission limitation or interruption. You acknowledge and agree that we are not responsible for performance degradation and delays due to conditions on the Internet or due to the Equipment, or actions of your Wireless Service Provider or the Technology Providers. You acknowledge that we and the Technology Providers shall not be liable to you if the SMS Service in a given location is not available. If the SMS Service is not available within your intended location, you agree that your sole remedy shall be to cease using the SMS Service.

We have the right to terminate the SMS Service or this Agreement at any time, for any purpose, without notice to you, except as required by applicable law.

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G. Use of SMS Service/Equipment

You agree not to use the SMS Service for any unlawful or abusive purpose, or in any way which damages our property or interferes with or disrupts the System or other users. Resale of the SMS Service is prohibited without prior contract arrangements with us and any required regulatory approvals. You are responsible for ensuring that your Equipment is compatible with the SMS Service and System and meets federal standards.

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H. Privacy and Security

Any information provided to us by you in association with the SMS Service shall be governed by the American Express Online Privacy Statement, and we will endeavor to keep your messages private, subject to such Privacy Statement, viewable only by you (or the intended recipient of your messages, as designated by you, as applicable), us, your Wireless Service Provider and our Technology Providers. However, you acknowledge and agree that we shall not be liable for any messages you request or request be sent while using the SMS Service as they are delivered over facilities not under our control. Further, you acknowledge and agree that the parts of the SMS Service are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service. We have the right to access the content of your Bluebird Account and/or wireless account with your Wireless Service Provider for the purpose of identifying and resolving technical problems and/or service-related complaints.

You authorize our monitoring and recording of voice calls and text messages to us concerning your Bluebird Account or the SMS Service and consent to our use of automatic dialing equipment to contact you. We have the right to intercept and disclose any messages over our facilities in order to protect our rights or property. We may need to look at your messages sent or received in connection with the SMS Service if we believe it is necessary to protect us or others from injury or damage. We reserve the right to take any appropriate action if we become aware of any use of the SMS Service we believe violates any law or is otherwise wrongful.

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I. Passwords and Unauthorized Usage

If your Equipment is lost or stolen or if SMS Service is fraudulently used, you must immediately notify us. We have the right to interrupt or restrict SMS Service to your Equipment, without notice to you unless required by applicable law, if we suspect fraudulent or abusive activity, or for any other reason in our discretion. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to cooperate may result in your liability for all fraudulent usage. You are solely and entirely responsible for maintaining the confidentiality of the password you use to access your Bluebird Account. Furthermore, you are solely and entirely responsible for any and all activities which occur under your Bluebird Account. Any person able to provide the personal information requested by AXP customer support is authorized by you to receive information about your Bluebird Account, and to make changes to the Bluebird Account. We are not liable for any disclosure of information to any such person or for any changes to your Bluebird Account made by any such person.

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J. Changes to this Agreement

We may change, modify or supplement this Agreement, including, for example, adding or modifying the SMS Service's features, from time to time by modifying the “Last Modified” date at the beginning of this Agreement and posting such change or modification on our website at https://www.bluebird.com/legal.

Any modifications to this Agreement will only affect your and our respective rights and obligations from the effective date of the change(s) and thereafter. If you do not agree with the modified Agreement, you must cease using the SMS Service. If you continue to use the SMS Service after a change in the SMS Service or to this Agreement, you agree to such change and its applicability to you.

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K. No Warranties/Limitation of Liability
  1. No Warranties
    WE SPECIFICALLY DISCLAIM ANY RESPONSIBILITY FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY YOU OR ANY THIRD PARTY AND IN NO WAY WARRANT THE CAPABILITIES OF ANY SUCH EQUIPMENT OR SOFTWARE USED IN CONJUNCTION WITH THE SMS SERVICE. YOU EXPRESSLY AGREE THAT USE OF THE SMS SERVICE AND ACCESS TO THE SYSTEM ARE AT YOUR SOLE RISK. THE SMS SERVICE AND SYSTEM ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. WE ARE NOT LIABLE FOR SMS SERVICE OR SYSTEM OUTAGES OF ANY DURATION. WE MAKE NO EXPRESS WARRANTY REGARDING THE SMS SERVICE, SYSTEM, OR THE EQUIPMENT AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF THE EQUIPMENT AND ANY STATEMENT REGARDING IT SHOULD NOT BE INTERPRETED AS A WARRANTY. WE MAKE NO WARRANTY THAT THE SMS SERVICE OR SYSTEM WILL MEET YOUR REQUIREMENTS, OR THAT THE SMS SERVICE OR SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE OR TECHNOLOGY PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SMS SERVICE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SMS SERVICE. WE OR OUR TECHNOLOGY PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SMS SERVICE OR SYSTEM AT ANY TIME. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SMS SERVICE AND SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  2. Limitation of Liability for the SMS Service
    AXP and its parent companies, subsidiaries and affiliates, including its and their respective directors, officers and employees (collectively, “AXP Companies”) shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (i) your use of the SMS Service, (ii) access to the System, (iii) your use of any Equipment in connection with the SMS Service or for Equipment failure or modification, (iv) the content of Information or other materials included with or accessed via use of the SMS Service, (v) the failure to deliver any SMS Service messages, or the delivery of SMS Service messages at times different than the times that you may have designated, (vi) any acts or omissions of any Technology Providers or Wireless Service Providers, (vii) for system failure or modification, or (viii) any “force majeure” (i.e., any flood, extraordinary weather conditions, earthquake or other act of god, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of us or our Technology Providers. NEITHER AXP COMPANIES NOR THE TECHNOLOGY PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING FROM THE USE OR THE INABILITY TO USE THE SMS SERVICE OR SYSTEM, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY MESSAGES RECEIVED (OR NOT RECEIVED) OR SENT (OR NOT SENT) THROUGH THE SMS SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE AND/OR TECHNOLOGY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  3. Maximum Liability
    NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, OUR MAXIMUM LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED $100.00. IN STATES WHERE SUCH LIMITATIONS ON LIABILITY ARE NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  4. Survival
    THIS PARAGRAPH K SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
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L. Indemnity

You agree to indemnify and hold the AXP Companies harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party resulting from or arising out of your use of the SMS Service or System (or the SMS Service or System by persons using your password, your account or your Equipment) or your violation of this Agreement. This Paragraph L shall survive termination of this agreement.

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M. Assignment

We may assign all or part of our rights or duties under this Agreement without such assignment being considered a change to the Agreement, and without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent.

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N. Notices

Written notices to you shall be effective three (3) days following the date deposited in the U.S. Mail addressed to your address as kept in our files or immediately upon transmission of an e-mail to you at the e-mail address kept in our files. Your notice must specify your name and U.S. mobile number (or other SMS address) used for the SMS Service. We will not give you notice of any subpoenas or court orders related to your Bluebird Account or use of the SMS Service unless required by law.

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O. Entire Agreement

This Agreement, along with the terms and conditions of your Member Agreement, which are incorporated in this Agreement by reference, represents the entire agreement between you and us with respect to the subject matter hereof, which may only be amended as described in this Agreement. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable.

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P. Governing Law

This Agreement, and any claim, dispute or controversy arising from or relating to this Agreement, is governed by and construed in accordance with the laws of the State of New York (without regard to its conflict of laws rules) and applicable federal law. The legality, enforceability, and interpretation of this Agreement and the amounts contracted for, charged, and received under this Agreement will be governed by such laws. This Agreement is entered into between you and us in New York.

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Q. Miscellaneous Provisions

This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only. In any action to enforce this Agreement, the prevailing party will be entitled to recover its costs and reasonable attorneys' fees from the other party.

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Money Services Business Disclosures


COLORADO CUSTOMERS

Please see the following customer notice from the Colorado Division of Banking: www.dora.state.co.us/banking/applicationforms/miscellaneousapplications/moneyordercustomernotice.pdf

MARYLAND CUSTOMERS

The Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints from Maryland residents regarding American Express Prepaid Card Management Corporation (License #9172; NMLS ID 913823) and/or American Express Travel Related Services Company, Inc. (License #9026; NMLS ID 913828) at: Office of the Commissioner of Financial Regulation, 500 North Calvert Street, Suite 402, Baltimore, Maryland 21202, Telephone: 1-888-784-0136.

TEXAS CUSTOMERS
American Express entity American Express Travel Related Services Company, Inc. is a Texas Department of Banking money services business license holder. If you have a complaint regarding an American Express prepaid card, contact the customer service division of American Express by calling the number on the back of your prepaid card or 1-877-297-4438. If you have a complaint regarding an American Express travelers cheque product or purchase of foreign currency, contact the customer service division of American Express by calling 1-800-221-7282. If you have a complaint regarding the American Express FX International Payments service, contact the customer service division of American Express by calling 1-888-391-9971. If you have a complaint regarding Serve, contact the Serve customer service division by calling 1-800-954-0559. After contacting our customer service division, if you still have an unresolved complaint, please direct your complaint to: Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554 (toll free), www.dob.texas.gov, consumer.complaints@dob.texas.gov.

ALL CUSTOMERS

American Express Travel Related Services Company, Inc. maintains all money services business licenses necessary to engage in its activities, including money services business licenses in the following states and jurisdictions:

Jurisdiction Regulatory Agency Type of License
ALALABAMA Alabama Securities Commission Sale of Checks
AKALASKA Alaska Division of Banking and Securities Money Services Business
AZARIZONA Arizona Department of Financial Institutions Money Transmitter
ARARKANSAS Arkansas Securities Department Money Transmitter
CACALIFORNIA California Department of Financial Institutions Money Transmitter
COCOLORADO Colorado Division of Banking Money Transmitter
CTCONNECTICUT Connecticut Department of Banking Money Transmitter / Payment Instruments
DEDELAWARE Delaware Office of the State Bank Commissioner Sale of Checks and Transmission of Money
DCDISTRICT OF COLUMBIA District of Columbia Department of Insurance, Securities and Banking Money Transmitter
FLFLORIDA Florida Office of Financial Regulation Money Transmitter
GAGEORGIA Georgia Department of Banking and Finance Sale of Checks
HIHAWAII Hawaii Division of Financial Institutions Money Transmitter
IDIDAHO Idaho Department of Finance Money Transmitter
ILILLINOIS Illinois Division of Financial Institutions Money Transmitter
ININDIANA Indiana Department of Financial Institutions Money Transmitter
IAIOWA Iowa Division of Banking Money Services
KSKANSAS Kansas Office of the State Bank Commissioner Money Transmitter
KYKENTUCKY Kentucky Department of Financial Institutions Money Transmitter
LALOUISIANA Louisiana Office of Financial Institutions Sale of Checks / Money Transmitter
MEMAINE Maine Bureau of Consumer Credit Protection Money Transmitter
MDMARYLAND Maryland Department of Labor, Licensing and Regulation Money Transmitter
MAMASSACHUSETTS Massachusetts Office of Consumer Affairs and Business Regulation Sale of Checks
MAMASSACHUSETTS Massachusetts Office of Consumer Affairs and Business Regulation Foreign Transmittal Agency
MIMICHIGAN Michigan Department of Licensing and Regulatory Affairs Money Transmitter
MNMINNESOTA Minnesota Department of Commerce Money Transmitters
MSMISSISSIPPI Mississippi Department of Banking and Consumer Finance Money Transmitter
MOMISSOURI Missouri Division of Finance Sale of Checks
NENEBRASKA Nebraska Department of Banking and Finance Sale of Checks and Funds Transmission
NVNEVADA Nevada Department of Business and Industry Money Transmitter
NHNEW HAMPSHIRE New Hampshire Banking Department Money Transmitter
NJNEW JERSEY New Jersey Department of Banking and Insurance Money Transmitter
NMNEW MEXICO New Mexico Financial Institutions Division Sell Negotiable Checks, Drafts and Money Orders
NYNEW YORK State of New York Banking Department Money Transmitter
NCNORTH CAROLINA North Carolina Commissioner of Banks Money Transmitter
NDNORTH DAKOTA North Dakota Department of Financial Institutions Money Transmitter
OHOHIO Ohio Division of Financial Institutions Money Transmitter
OKOKLAHOMA Oklahoma Office of State Bank Commissioner Sale of Checks
OKOKLAHOMA Oklahoma Office of State Bank Commissioner Money Transmitter
OROREGON Oregon Division of Finance and Corporate Securities Oregon Division of Finance and Corporate Securities
PAPENNSYLVANIA Pennsylvania Department of Banking Money Transmitter
PRPUERTO RICO Commissioner of Financial Institutions of Puerto Rico Act Money Transmitter
RIRHODE ISLAND Rhode Island Division of Banking Sale of Checks
RIRHODE ISLAND Rhode Island Division of Banking Electronic Money Transfers
SDSOUTH DAKOTA South Dakota Division of Banking Money Transmitter
TNTENNESSEE Tennessee Department of Financial Institutions Money Transmitter
TXTEXAS Texas Department of Banking Money Transmitter
UTUTAH Utah Department of Financial Institutions Issuing and Selling Money Orders, Travelers Checks or Other Instruments
VTVERMONT Vermont Commissioner of Banking, Insurance, Securities, and Health Care Administration Money Services
VAVIRGINIA Virginia Bureau of Financial Institutions Money Transmitter
WAWASHINGTON Washington Department of Financial Institutions Money Transmitter
WVWEST VIRGINIA West Virginia Division of Banking Money Transmitter
WIWISCONSIN Wisconsin Department of Financial Institutions Seller of Checks
WYWYOMING Wyoming Division of Banking Money Transmitter
USVI Government of the Virgin Islands of the United States Division of Banking and Insurance Money Transmitter