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CARDHOLDER
AGREEMENT AND DISCLOSURE
TERMS, CONDITIONS AND AUTHORIZATION
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IMPORTANT
This is your Load-n-go Payroll MasterCard® Card Agreement (the “Agreement”). Please read it carefully and keep it for your records. All transactions made with your Payroll Card (the "Card") are subject to this Agreement. By accepting, retaining or using the Card, you agree to be bound by all the terms and conditions contained in this Agreement.
This Load-n-go Payroll Card Agreement is the contract between you and The Bancorp Bank, a FDIC bank and the issuer of the Card.
In this Agreement, the words "you," and "your" and "customer" each mean the Cardholder. "Cardholder" means an individual who: (i) is a U.S citizen or legal alien residing in one of the fifty (50) states of the U.S. or the District of Columbia, with a verifiable U.S. mailing address; and (ii) has used and/or has been provided the Card by his/her employer. "Load-n-go" means Load-n-go, Inc., a Nevada corporation and Member Service Provider for The Bancorp Bank. "We," "us," and "our" each mean The Bancorp Bank, our successors, affiliates, and anyone to whom we assign our duties.
This Agreement describes your participation in the Load-n-go Payroll Card Program (the “Program”), a program that allows you to receive your net pay and/or expenses from your employer on a stored value card usable at any Automatic Teller Machine (“ATM”) or merchant location that bears the MasterCard®, Maestro® or Cirrus® brand(s) or any other brand(s) pictured on the back of the Card.
By activating the Card or by retaining, using or authorizing the use of the Card, (i) you represent and warrant that all of the personally identifiable information provided by you is true, correct and complete, (ii) you accept the Card, and (iii) you agree that you have received, read and understood this Agreement, and that you will be bound by and will comply with all of its terms and conditions. If you do not agree with all of these statements, you cannot activate and/or use the Card. You may inform your employer to arrange to withdraw from enrollment in the Program. The Card will remain property of The Bancorp Bank and must be surrendered on demand. The Card in nontransferable and it may be cancelled, repossessed, or revoked at any time without prior notice subject to applicable law.
Privacy Policy Statement
We may collect the following kinds of nonpublic personal information about our customers or former customers: (1) Information we received from you on applications or other forms; (2) Information about your transactions with us, our affiliates, or others; (3) Information we receive from a consumer reporting agency. We may disclose all of the information that we collect about our customers or former customers as described above (1) where it is necessary for completing transactions, and (2) in order to verify the existence and condition of your Card for a third party, such as a merchant, and (3) in order to comply with government agency, court order, or other legal reporting requirements, and (4) if you give us your permission, and (5) to our employees, auditors, affiliates, service providers, or attorneys ad needed, and (6) to financial and non-financial companies that perform services on our behalf such as check printing, data and transaction processing, or companies that assist us in marketing our products and services to you or with whom we have joint marketing agreements. We do not share other information restricted by law with other third parties unless we have received your written authorization to do so. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide products or services to you. We maintain physical electronic and procedural safeguards that comply with federal standards to guard your nonpublic personal information. You acknowledge receipt of and agree to delivery of this initial notice of our privacy policy at the time you receive your Card and agree that providing this privacy policy at any earlier time would substantially delay your receipt of the Card.
Charges Made In Foreign Currencies
If you obtain your funds (or make a purchase) in a currency other than the currency in which your Card was issued, the amount deducted from your funds will be converted by MasterCard into an amount in the currency of your Card. MasterCard International will establish a currency conversion rate for this convenience. This percentage amount is independent of any amount taken by us in accordance with the following section of these Terms & Conditions.
If you obtain your funds in a currency other than the currency in which your Card was issued; the we may at our option increase the currency conversion rate (described in the immediately preceding section) by an amount not to exceed 2% and may retain this amount as compensation for its services. This charge is independent of the currency conversion rate established by MasterCard International.
Change of Terms
Subject to the limitations of applicable law, we may at any time change or remove any of the terms and conditions of, or add new terms or conditions to, this Agreement. We will send notice of any such change to you by U.S. mail to your current known address. As of the effective date included in any notice, the changed or new terms will apply to the Card, including, without limitation, all future transactions made using the Card. Notwithstanding the foregoing, advance notice of any change may not be given if it is necessary to make any such change immediately in order to maintain or restore the security of the Card or any related payment system. If any such change becomes permanent and disclosure to you of the change would not jeopardize the security of the Card or any related payment system, notice will be provided to you within thirty (30) days of making the change by sending a notice to your current known address.
Loading of Value to the Card
The Card is a prepaid card. There is no credit card, credit line, overdraft protection or deposit account associated with the Card. The Card must be loaded with funds before you use it. The Card will be loaded, via a predetermined process by your employer, based on the payroll instructions you completed and provided to your employer. Loaded value will be actually available on your regularly scheduled payday provided that both the funds and the appropriate data are received by Load-n-go and The Bancorp Bank within the timeframes established by us for providing such funds and information. If the funds and information are not received by us and Load-n-go in such a timely manner, the funds associated with the particular pay date may not be available to you.
Although we may describe the process as “filling or loading the Card,” the value assigned to the Card is actually held by The Bancorp Bank separate from the Card. Therefore, value is not stored on the Card itself. This means that if the Card is lost or stolen, your funds may not be lost as well. As described more fully below in the section relating to loss, theft and unauthorized use, the best way to keep your losses to a minimum is to telephone us immediately if you believe the Card has been lost, stolen or used without your permission. Once you contact us, we may be able to cancel the lost Card and issue a new Card, subject to applicable Fees (see Fees section below).
Fees
We will charge you and you agree to pay the fees and charges (together, the “Fees”) set forth on the Schedule of Fees listed on the card-carrier and the terms and other information included on the card-carrier are incorporated herein by reference. The card-carrier is the envelope-like material holding the Card. Please read and retain for your records the Fee portion of card-carrier as it is part of our Agreement with you and you are responsible for paying the Fees shown on the card-carrier. The Fees may be changed at any time as provided in this Agreement. You will receive prior notice of all Fee increases as required by applicable law. All Fees will be deducted automatically from the Card balance. Without limiting the generality of the foregoing, you agree that we may deduct a dormancy fee as permitted by law and described in the Schedule of Fees. You may receive a copy of the current Schedule of Fees by calling us toll free at 1-800-207-1805 or by visiting us on the Internet at: www.load-n-go.com. Examples of Fees that may be charged include:
Transactional Fees. Fees charged for ATM withdrawals or Point of Sale (POS) purchases, inquiries and/or declines due to insufficient balance and similar fees.
Periodic Fees. Fees charged on a regularly recurring basis such as a monthly maintenance and similar fees.
Event-driven Fees. Fees are triggered by a specific event such as the issuance of a replacement Card or account closure and similar fees.
Fees Beyond the Scope of this Agreement. When you use the Card at an ATM, you may be charged an additional fee by the ATM operator and any network owner. You may also be charged a fee for a balance inquiry even if you do not complete a funds transfer.
No Interest on Your Funds. You will not receive any interest on the funds associated value stored on the Card. Neither the funds nor the value associated with the Card are insured by the Federal Deposit Insurance Corporation (“FDIC”). Funds are held in aggregate by The Bancorp Bank, not in individual accounts.
Secondary Cards
If you request and receive a second card for a family member or relative, you agree that you will be the sole responsible party for all terms and conditions as stated in this agreement, including any fees associated with the secondary card, as well as proper and legal use of the second card.
You further agree that you will provide the holder of the second card a copy of this Cardholder Agreement and Disclosure. If you tell us to revoke another person's use of the card, we may revoke your Card and issue a new Card with a different number.
Cancellation; Suspension of Use
We, at our sole discretion, may limit or cancel your use of the Card. We may refuse to issue a Card or may revoke the Card privileges with or without cause or notice, other than as required by applicable law. The Card at all times remains the property of The Bancorp Bank and may be repossessed by us at any time. If you would like to cancel use of the Card, call Load-n-go toll free at 1-800-207-1805 . We may also suspend use of the Card at any time and for any reason. If we decide to cancel or suspend use of the Card, we will attempt to notify you by U.S. mail or electronic mail. Upon cancellation of the Card privileges, use of the Card must be immediately discontinued. You agree not to use or attempt to use an expired, revoked or otherwise invalid Card. Our cancellation of Card privileges will not affect your rights and obligations pursuant to this Agreement. If we cancel or suspend the Card privileges through no fault of yours, you will be entitled to a refund of any remaining balance in a reasonable time period and in accordance with applicable law.
Proper Use
You may use the Card to access cash at ATMs or purchase goods and services at any ATM or merchant locations that bear the brands pictured on the back of the Card. You agree that you will (i) not use the Card to purchase illegal goods or services; (ii) promptly notify us of any loss or theft of the Card; and (ii) use the Card only as instructed. However, if the Card is used other than as permitted by this Agreement, to the extent permitted by law, we may, at our option and without waiving any of our rights, recognize the transaction and adjust the balance of the stored value associated with the Card. We shall not be responsible if any ATM or merchant location shall refuse to honor the Card. The Card is non-transferable and may be used only by you. Without limiting the generality for the foregoing, if you authorize another person to use the Card you agree, to the extent permitted by law, that you will be absolutely and unconditionally liable for all transactions arising from the use of the Card by such person.
Adjustments
Subject to applicable law, we reserve the right to make appropriate adjustments to the amount of value stored on the Card. In general, such adjustments will be made as the result of a determination by us that the amount of a Fee or transaction was charged erroneously to the Card and/or was not charged to the Card. All adjustments will be available for viewing via the Internet at www.load-n-go.com or you may call customer-service at 1-800-207-1805 and inquire about any adjustments made to the Card.
Shortages/Negative Amounts
You must have sufficient value available on the Card to pay for each transaction conducted with the Card, including any fees associated with a transaction. It is your responsibility to ensure that you do not create a negative balance on the Card by keeping track of your spending on the Card. If you attempt to use the Card when there are insufficient funds on the Card, the transaction will be denied. If for any reason (for example, due to systems problems or otherwise) a Card purchase occurs with insufficient funds on the Card, creating a “shortage” or “negative amount”, you will be invoiced for such negative amount and agree to pay such amount promptly. Alternatively, you also agree that we may, at our discretion, offset such negative amount and any applicable fees against any funds, which may thereafter be loaded onto the Card or any other stored value card we issue to you at any time. Repeated instances of shortages or negative amounts will be grounds for cancellation of the Card.
Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds.
Disputed Transactions
We are not responsible for the delivery, quality, safety, legality or any other aspect of goods and services purchased by you from merchants with the Card. All disputes involving the same should be addressed to the merchants from whom the relevant goods and services were purchased.
In Case of Errors or Questions About Your Electronic Transfers
If you have any questions regarding the details of any transaction, statement, and/or receipt or if you think an error involving the Card has been made please notify us immediately by calling 1-800-207-1805 , or by U.S. mail to Load-n-go Inc. ATTN: Customer Service, 3960 Howard Hughes Parkway, Fifth Floor, Las Vegas, Nevada, 89109. We must hear from you no later than sixty (60) days after we made the FIRST statement on which the problem or error occurred available to you and you must provide the following:
(1) Tell us your name and Card number.
(2) Describe the error or the transaction as clearly as you can and why you believe it is an error, or why you need more information.
(3) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 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 we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit the balance associated with the Card within ten (10) business days for the amount you think is in error so that you will have the use of the funds during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit the Card. For errors involving point-of-sale transactions and foreign initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. We will tell you the results of our investigation within three (3) business days after completing our investigation and we will correct any error promptly. If we decide that there was no error or that a different error occurred, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Personal Identification Number (“PIN”)
The PIN that accompanies the Card is a security feature that identifies you as the proper user of the Card, and authorizes any transactions made with the card. Do not write the PIN on the Card, or otherwise make it available to anyone else. You are fully liable and responsible for all transactions authorized by you or otherwise accessed with your PIN.
Verification of Transaction
Your receipt is your verification of your transaction.
Your Liability for Unauthorized Use
Tell us AT ONCE if you believe your Card has been lost or stolen. Telephoning us at the number listed on your card is the best way of keeping your possible losses down. IF YOU BELIEVE THAT YOUR CARD HAS BEEN STOLEN, OR THAT SOMEONE HAS TRANSFERRED OR MAY TRANSFER MONEY FROM YOUR CARD ACCOUNT WITHOUT YOUR PERMISSION, CALL US TOLL FREE AT 1-800-207-1805. IF YOU NOTIFY US WITHIN TWO (2) BUSINESS DAYS, YOU CAN LOSE NO MORE THAN $0 IF SOMEONE USED YOUR CARD WITHOUT YOUR PERMISSION. IF YOU DO NOT NOTIFY US WITHIN TWO (2) BUSINESS DAYS AFTER YOU LEARN OF THE LOSS OR THEFT OF YOUR CARD AND WE CAN PROVE THAT WE COULD HAVE STOPPED SOMEONE FROM USING YOUR CARD WITHOUT YOUR PERMISSION IF YOU HAD PROMPTLY NOTIFIED US, YOU COULD LOSE AS MUCH AS $50. Also, if your statement shows transactions that you did not make, tell us at once. If you do not tell us within 60 days after the statement was made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down.
If you notify us that the Card has been lost or stolen, you may request that your balance be transferred to a replacement card. In such event you will be charged the replacement fee.
Our Liability
If we do not properly complete a transaction from the Card on time or in the correct amount according to our Agreement with you, we will be liable to for your actual losses or damages only. However, there are some exceptions. We will not be liable, for instance:
• The ATM where you are making a withdrawal does not have enough cash;
• The electronic terminal where you are making a transaction does not function properly and you knew about the breakdown when you started the transfer;
• If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken;
• You report the Card lost or stolen and access to your funds has been blocked by your actions and/or inactions;
• If, through no fault of ours, you do not have sufficient available value associated with the Card to make the transfer, you may request that the merchant split the transaction between the value on the card and another form of payment;
• A hold is placed on the Card for any reason;
• An act of government, police investigation, encumbrance, legal process, and/or court order; or
• There may be other exceptions stated in this Agreement.
Lost or Stolen Cards
To the extent permitted by applicable law, we are not responsible for lost or stolen Cards or any unauthorized transactions made with the Card. If the Card is lost or stolen you agree to give us notice of such fact as described in this Agreement. You agree to provide us notice as soon as possible to minimize your possible losses. See the section entitled “Your Liability for Unauthorized Transfers” in this Agreement for additional information concerning your liability for unauthorized transfers. You also agree, to the extent permitted by law, to cooperate completely with us if we attempt to recover from unauthorized users and to assist fully in their prosecution.
Business Days
Our business days are Monday through Friday, excluding federal and legal banking holidays in the State of South Dakota on those days.
ATM Services
You may use the Card to withdraw cash or to inquire about your available funds at any ATM that bears the Maestro® or Cirrus® brand(s) or any other brand(s) which appear on the back of the Card. Such use is subject to the terms and conditions in this Agreement.
Point of Sale (“POS”) Services
You may use the Card to purchase goods and services at any retail or other establishment that displays the Maestro® brand(s) or any other brand(s) which appear on the back of the Card. The full amount of each purchase, including taxes, plus applicable transaction fees will be deducted from the amount recorded on the Card. Such use is subject to the terms and conditions in this Agreement.
Access Account History and Current Balances
Electronic statements including your transaction history and your current Card balance may be viewed on the Internet at www.load-n-go.com, as soon as practicable after the settlement of each transaction, or you can call 1- 1-800-207-1805 and access this information by following the English or Spanish menu prompts. Additionally, if you wish to receive paper statements you may elect this option by writing to: Paper Statement Request; Load-n-go, Inc., 3960 Howard Hughes Parkway, Fifth Floor, Las Vegas, Nevada, 89109. Please include your name, account number and current mailing address. You agree that these are reasonable procedures for sending and receiving periodic statements.
Examination of Periodic Statements
You agree to inspect your transaction history and to notify us at the toll-free number provided under the section entitled “Contact Information” of any erroneous, improper or unauthorized transactions on the Card. If your transaction history or periodic statement indicates transactions that you did not make, notify us immediately, by calling the telephone number or writing to the address shown in the "Contact Information" section of this Agreement. See the section entitled "Your Liability for Unauthorized Transfers" for additional information concerning your liability for unauthorized transfers.
Confidentiality
Certain information about your account and the transfers you make may be disclosed in accordance with the Gramm Leach Bliley Act to departments within our organization, to processors, creditors, banks, and/or other third parties. We will make such disclosures:
• Where it is necessary to complete a transaction;
• In order to verify the existence of the Card and funds for a third party (i.e. a credit bureau or merchant);
• In order to comply with government agencies, court orders, or other legal reporting requirement;
• If you give us your written permission; or
• As otherwise provided by law.
Contact Information
You can contact us from at 1-800-207-1805 or writing us at to Load-n-go, Inc. ATTN: Customer Service, 3960 Howard Hughes Parkway, Fifth Floor, Las Vegas, Nevada, 89109. From time to time, we may monitor telephone calls between you and us to ensure the quality of our customer-service.
Inactive Cards
Inactive Cards are Cards that have no balance or no monetary transactions for a period of sixty (60) consecutive days. We may, at our discretion, cancel any inactive card.
Entire Agreement
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.
Severability
In the event that any provision of this Agreement is determined to be invalid, illegal or unenforceable, such determination shall not affect the other provisions of this Agreement and this Agreement shall be interpreted as if the invalid terms had not been included in this Agreement.
Non-Assignability
You may not assign or transfer this Agreement or any of your respective rights, obligations, duties, responsibilities or liabilities under this Agreement, and any attempt to the contrary shall be null and void. Without limiting the generality of the foregoing, this Agreement shall be binding on you and your successors and assigns.
Settlement Upon Expiration or Cancellation
If there is a balance remaining on the Card upon expiration, the balance will be transferred to a new Card if we choose to issue one to you. If we choose not to issue a new Card to you or if we cancel the Card privileges without good cause for cancellation for any reasons we will attempt to refund to you the balance remaining on the Card minus all amounts owed in connection therewith (including all Fees described in this Agreement and the amount of any overdraft) upon expiration. A check made payable to you will be mailed to your address stated in our records.
Legal Costs
If The Bancorp Bank takes legal proceedings against you because of a default in any of the terms of this Agreement, you agree to pay reasonable attorneys' fees and all other costs of the proceedings. Your responsibility for fees and costs shall in no event exceed the maximum amount allowed by law.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota.
Consent to Jurisdiction
You consent and submit to the exclusive jurisdiction of the state and federal courts located in South Dakota in all controversies arising out of or in connection with your use of the Card and this Agreement.
Arbitration of Disputes
THIS ARBITRATION CLAUSE MEANS THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. UNDER ARBITRATION YOU DO NOT HAVE THE RIGHT TO GO TO COURT, TO HAVE YOUR ARGUMENTS HEARD BY A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. INSTEAD, A NEUTRAL ARBITRATOR WILL HEAR YOUR DISPUTE.
Except as expressly provided below, any controversy that arises out of or is related to (a) the Card; or (b) any service relating to the Card; or (c) any agreement or instrument relating to the Card or any such service; or (d) any breach of any of the foregoing, whether based on statute, contract, tort or any other legal theory, in which the aggregate amount in controversy for all claimants exceeds $15,000 including interest and attorneys; fees (any “Claim”) will be settled on an individual basis by binding arbitration under the Federal Arbitration Act (“FAA”). Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute regarding whether a particular controversy is subject to arbitration will be decided by the arbitrator(s). If any part of the damages or other relief requested is not expressly stated as a dollar amount, the controversy will be a Claim that is subject to arbitration. You and we acknowledge and agree that the transactions contemplated by the Card, and any controversy that may arise under or relate to the Card or the services or this Agreement, involve “commerce” as that term is defined and used in the FAA. The arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (the “Arbitration Rules”). We will tell you how to contact the AAA and how to get a copy of the Arbitration Rules without cost if you ask us in writing to do so. The Arbitration Rules permit you to request deferral or reduction of the administrative fees of arbitration if paying them would cause you a hardship. Any in-person arbitration hearing will be held in Sioux Falls, South Dakota.
Each arbitrator shall be a licensed attorney who has been engaged in the private practice of law continuously during the ten (10) years immediately preceding the arbitration or a retired judge of a court of general or appellate jurisdiction. The arbitration award shall award only such relief as a court of competent jurisdiction could properly award under applicable law, including attorneys' fees if allowed by applicable law or agreement, and may award to the prevailing party all pre- and post-award expenses of arbitration. All statutes of limitation, defenses, and attorney-client and other privileges that would apply in a court proceeding will apply in the arbitration. The filing of a demand for arbitration in accordance with the Arbitration Rules will be deemed the commencement of an action for purposes of any applicable statute of limitations. There will be no class Claims; claims by or on behalf of other persons will not be considered in or consolidated with the arbitration proceedings between you and us.
The Card does not limit the right of you or us, whether before, during or after the pendency of any arbitration proceeding, to exercise self-help remedies such as the right of set-off or to obtain provisional or ancillary remedies or injunctive or other traditionally equitable relief (other than a stay of arbitration) necessary to protect the rights or property of the party seeking relief pending the arbitrator's determination of the merits of the Claim. The taking of any of the actions described in the preceding sentence by either party or the filing of a court action by a party shall not be deemed to be a waiver of the right to demand arbitration of any Claim asserted as a counterclaim or the like in response to any such action. These provisions in which you and we have agreed to arbitrate disputes will survive the termination of your relationship with us, whether evidenced by this Agreement or otherwise. You acknowledge that you have read carefully this provision in which you and The Bancorp Bank have agreed to arbitrate disputes. You understand that this provision limits or waives certain of your rights. With respect to claims that you are agreeing to arbitrate pursuant to this provision, you understand that you are waiving your right to bring a court action and to have a jury trial. You understand that there will be no class claims in arbitration. You further understand that discovery may be more limited in arbitration than in a court proceeding, and the right and grounds to appeal from an arbitrator's award are more limited than in an appeal from a court judgment. In addition, you understand that certain other rights you have in a court proceeding also may not be available in arbitration.
DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD, CUSTOMER SERVICE FUNCTIONS OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY AGREED HEREIN, IN NO EVENT WILL WE, OUR AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OR LOSSES RESULTING FROM OR CAUSED BY YOUR USE OF, OR INABILITY TO USE, THE CARD(S) OR THIS SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL OF OUR LIABILITY. AND THE LIABILITY OF OUR AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS OR CONTRACTORS, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED, OR ALLEGEDLY CAUSED, BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, VIRUS, COMMUNICATION LINE FAILURE, OR THEFT DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY FILE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT OF FEES WE HAVE COLLECTED FROM YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PROCEEDING THE EVENT GIVING RISE TO YOUR CAUSE OF ACTION.
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