This is your Mall Visa GiftCard Agreement (the “Agreement”). You do not need to sign this Agreement. However, the user of the GiftCard must immediately sign the back of the GiftCard. By accepting this Mall Visa GiftCard, you and/or the GiftCard recipient agree to be bound by these terms and conditions in this Agreement. In this Agreement, “GiftCard” means the attached Mall Visa GiftCard issued by BANKFIRST (“the Bank”). “You” and “Your” means the purchaser or the recipient of one or more GiftCards. “We”, “Us”, and “Our”, mean NBO Systems, Inc., the Bank, and the management of the mall selling this GiftCard. Our business days are Monday through Friday excluding holidays. Saturday, Sunday, and federal holidays are not considered business days, even if we are open. The GiftCard will remain the property of BANKFIRST and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice, subject to applicable law. Please read this Agreement carefully and keep it for future reference, or provide it to the GiftCard recipient along with the GiftCard.

Available Funds: Your initial Available Funds (“Available Funds”) is the dollar amount loaded on the GiftCard at the time of purchase. Available Funds after purchase is the dollar amount initially loaded on the GiftCard, less the amount of any/all purchase authorizations or settlements, less any/all other fees incurred pursuant to this Agreement.

Confirmation of Available Funds: You may confirm the amount of Available Funds remaining on your GiftCard by registering your GiftCard at www.GiftCardBalance.com, or by calling 1-888-438-2036. Accessing your Available Funds balance via the web site is free. However, your GiftCard will be charged $0.49 per call for accessing the automated touch-tone response system and $0.95 per call to talk to a customer service representative. Fees are immediately deducted from your Available Funds.

Using Your GiftCard: This GiftCard is not a credit card. Your GiftCard does not have a line of credit. You may only use your GiftCard when you have Available Funds, and only up to the amount of your Available Funds to pay for merchandise or services from participating vendors and merchants. The vendor or merchant accepting the GiftCard must process this GiftCard as a Visa debit card. The GiftCard is not redeemable for cash and may not be used to obtain cash, except as required by applicable law. The GiftCard may not be used at ATMs. You are responsible for all authorized transactions initiated by use of your GiftCard. If you permit someone else to use your GiftCard, we will treat this as if you have authorized such use and you will be responsible for any transactions made, subject to use. If you use your GiftCard number without presenting your Card (such as for a mail order or telephone purchase), the legal effect will be the same as if you used the GiftCard itself. For security reasons, we may limit the amount or number of transactions you can make on your Card. Each time you use your GiftCard, you authorize us to reduce the Available Funds on the GiftCard by the amount of purchase. You are not allowed to exceed the Available Funds amount on your GiftCard Account, through an individual transaction, or a series of transactions. Nevertheless, if a transaction exceeds the Available Funds on your GiftCard, you shall remain fully liable to us for the amount of the transaction and any applicable fees or charges, including a $15 overdraft fee. You do not have the right to stop payment on any purchase or payment transaction originated by use of your GiftCard. You may not make preauthorized regular payments from your GiftCard Account. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that authorization amount of funds for up to ten (10) days. After using all of the Available Funds on your GiftCard, please destroy the GiftCard by cutting the card in two pieces, horizontally over the account number, before disposing of it.

Limitations on Transactions: You must have sufficient Available Funds to pay for all GiftCard transactions. If your purchase amount is greater than your Available Funds, the difference may be paid for with cash, credit card, or a personal check, if the merchant is willing and able to process a split payment. You must know the exact amount of your Available Funds and request that the accepting merchant process the GiftCard for no more than the exact Available Funds amount. If the merchant attempts to process the GiftCard for more than your Available Funds, the transaction will be declined. Some service related merchants (typically where a gratuity could be added to the transaction amount) process authorizations for GiftCard transactions with an allowance for an amount that is higher than the purchase of services amount, whether included by the user of the GiftCard or not. The industry/technical term for this type of transaction relates to “Tolerance.” When a merchant processes a GiftCard transaction with a Tolerance factor added, your Available Funds may temporarily have the Tolerance amount suspended for approximately one to five business days. When the transaction is actually settled, the unspent Tolerance amount, if any, is returned to your Available Funds. Your GiftCard purchase transaction could be declined if the Tolerance amount in addition to the purchase amount exceeds your Available Funds. This GiftCard is not intended for foreign transactions. Foreign currency transactions will be converted to U.S. dollars under the current applicable rules of Visa U.S.A. If you obtain your funds (or make a purchase) in a currency other than the currency in which your GiftCard was issued, the amount deducted from your Available Funds will be converted by Visa into an amount in the currency of your GiftCard. Visa U.S.A. Inc. has established a 1% currency conversion rate for this convenience. This percentage amount is independent of any amount taken by the Issuer 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 GiftCard was issued, the Issuer will increase the currency conversion rate (described in the immediately preceding section) by an additional 2% and will retain this amount as compensation for its services. This charge is independent of the currency conversion rate established by Visa U.S.A. Inc. You may not use your GiftCard for any illegal transaction.

Account Maintenance Fees: No sooner than 180 days from the date of purchase, we reserve the right to charge a monthly account maintenance fee, which is associated with keeping your GiftCard active. The account maintenance fee, unless prohibited by applicable law, will be applied every month thru the “Valid Thru” date imprinted on the face of the GiftCard, and will not exceed $2.50 per month. All account maintenance fees are deducted from your Available Funds.

Funds Availability: Your GiftCard Available Funds may be used to pay for merchandise or services through the “Valid Thru” date indicated on the face of the GiftCard, subject to any fees imposed according to this Agreement (“net Available Funds”). The GiftCard will cease to function for purchase transactions on the first day of the month following the “Valid Thru” date indicated on the face of the GiftCard. We reserve the right to deactivate your GiftCard at any time after the “Valid Thru” date imprinted on the face of the GiftCard. However, depending on applicable law, after the “Valid Thru” date is reached as imprinted on the face of the Gift Card, you may be able to obtain a new GiftCard with a new “Valid Thru” date in addition to your remaining net Available Funds by calling 1-888-489-0464 and speaking to a live operator. You may be required to return your non-functioning GiftCard before a new GiftCard will be re-issued. All account maintenance fees or other fees will continue to be charged to the Available Funds of the GiftCard after the “Valid Thru” date. You will be required to pay a re-issuance fee of $5.00 per re-issued GiftCard, which is applied against the remaining Available Funds on each GiftCard re-issued. After 30 days from the “Valid Thru” date imprinted on the face of the GiftCard, we reserve the right to remove and retain all remaining Available Funds, unless prohibited by applicable law. If a merchant attempts to process the GiftCard after the “Valid Thru” date imprinted on the face of the GiftCard, the transaction will be declined. We reserve the right to deactivate your GiftCard any time after you have used all of your Available Funds. If you attempt to return merchandise after the GiftCard “Valid Thru” date, or if the GiftCard has been deactivated, you are subject to the policy of the merchant who accepted the GiftCard for payment of the merchandise or services.

Failure to Complete Transactions: Your GiftCard is typically activated upon purchase, but if system problems exist, it may not be activated for up to two business days after the date of purchase. If we do not properly complete a transaction from your GiftCard on time, or in the correct amount, according to our Agreement with you, we will be liable for your losses or damages. We will not be liable, for instance:

1. If, through no fault of ours, you do not have enough Available Funds to make the transaction;
2. If the transaction would exceed your Available Funds;
3. If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we may have taken;
4. If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
5. If access to your GiftCard has been blocked after you reported your Card lost or stolen;
6. If we have reason to believe the requested transaction is unauthorized; and/or
7. Any other exceptions stated in this Agreement or provided by law.

IN NO EVENT WILL WE, OR OUR PROCESSORS BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RELATED TO THE USE OF THE GIFTCARD OR THIS AGREEMENT (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE). OUR LIABILITY AND THAT OF OUR PROCESSORS TO YOU OR ANY THIRD PARTY IS ABSOLUTELY LIMITED TO THE AMOUNT OF YOUR NET AVAILABLE FUNDS.

Merchant Handling: Neither we, nor any bank, or merchant, or business are liable to you for failure to honor the GiftCard. You agree to attempt to settle all disputes about purchases you made using the GiftCard with the merchant who honored the card. If you are entitled to a refund for goods or services obtained with a GiftCard, you agree to accept credits to your GiftCard in place of cash. If a refund is made, the Available Funds on the GiftCard can never exceed the GiftCard’s original Available Funds. If you receive a credit, the funds may not be added to your Available Funds for up to seven business days. Return and refund policies are dependent on the merchant from whom the purchase was made. You should obtain a receipt at the time you make a transaction using your GiftCard. You agree to retain your receipt to verify your GiftCard transactions. In case of errors or questions about your GiftCard electronic transactions, call 1-888-489-0464 or write to Cardholder Services, NBO Systems, Inc., 3676 W. California Avenue, Building D, Salt Lake City, Utah 84104 if you think your statement or receipt is wrong, or if you need more information about a transaction listed on the statement or receipt. You must contact us no later than sixty (60) days from when the problem or error appeared. When corresponding in writing please include:

1. Your name and GiftCard number (if any);
2. 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;
3. Provide the dollar amount of the suspected error;
4. Include copies of all receipts, statements, transactions, or any other pertinent information.

If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days of the oral representation. If we ask you to put your complaint or question in writing and you do not provide it as requested within ten (10) business days, we may not take further action. We will determine whether an error occurred within ten (10) business days after we hear from you orally, or in writing, 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. For errors involving new GiftCards, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. We will communicate the results to you within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation.

Amendment, Cancellation: We may, at any time, change or repeal these terms and conditions. We may cancel or suspend this Agreement at any time. The GiftCard will remain property of the Bank. Due to unforeseeable future events, we may cancel your right to use the GiftCard at any time and have you return the GiftCard to us. The GiftCard and the net Available Funds may be refundable if presented with the original purchase receipt and if the GiftCard is unused. The GiftCard and the net Available Funds may also be refundable in cases where unforeseeable future events make your GiftCard unavailable for use, or as required by applicable law. In cases where unforeseeable future events make your GiftCard unavailable for use, return the GiftCard to the mall named on the face of the card for a refund.

Loss, Theft, or Unauthorized Use: We are not responsible for lost or stolen cards. Treat your GiftCard as you would cash. We are happy to answer your questions about transactions if the GiftCard was registered at www.GiftCardBalance.com. We cannot verify purchase or transaction information without the verification process provided by the card registration process. Please remember you have no recourse if funds are removed from your GiftCard due to unauthorized use. If you believe your GiftCard has been lost or stolen, or that someone has transferred or may transfer funds from your GiftCard Account without your permission, immediately call 1-888-489-0464. Telephoning is the best way to minimize your possible losses. If you fail to notify us promptly and you are grossly negligent or fraudulent in the handling of your GiftCard, you could lose all of the Available Funds. If you become aware of GiftCard transactions that you did not make, tell us at once. If you do not notify us immediately after you became aware of the unauthorized transactions, you may not get back any value you lost if we can prove that we could have stopped someone from taking the value if you had notified us in time, and you are grossly negligent or fraudulent in the handling of your GiftCard. If your GiftCard has been lost or stolen, we will close your GiftCard Account to minimize losses. You will be asked to identify yourself based upon the information provided during the GiftCard registration process. If there are sufficient net Available Funds and we have confirmed your registration information, the card may be reissued for the remaining net Available Funds at the time the card is reported lost or stolen. You will be required to pay a re-issuance fee of $5.00 per re-issued GiftCard, which is deducted from the remaining Available Funds on each GiftCard re-issued.

Confidentiality: We may disclose information to third parties about your GiftCard or the transactions you make:

1. Where it is necessary for completing transactions;
2. In order to verify the existence and condition of your GiftCard for a third party, such as a merchant;
3. In order to comply with government agency, court order, or other legal reporting requirements;
4. If you give us your written permission; or
5. To our employees, auditors, affiliates, service providers, or attorneys as needed.

Other Terms: Your rights and your obligations under this Agreement follow the possession of the GiftCard. We may transfer our rights under this Agreement. Use of your GiftCard is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. You are encouraged to register your GiftCard at www.GiftCardBalance.com. This may provide you additional protection for lost or stolen cards. We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of South Dakota except to the extent governed by federal law. Any change made in the manner provided by applicable law prior to the effective date of the change for security purposes, will be implemented without notice. We may cancel or suspend your GiftCard or this Agreement at any time. You may cancel this Agreement by returning the GiftCard to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

While intended for use at merchants within the mall listed on the face of the GiftCard, the GiftCard may be used at any merchant who accepts Visa debit cards, except at outside gas station pay-at-the-pump terminals and cash access points. To use your GiftCard at on-line merchants go to www.GiftCardBalance.com and select the “Register Your Card” link. You will be required to give personalized information in the registration process, as on-line merchants may require you to verify this information at the time of purchase.

Transaction history in electronic format may be obtained free of charge at www.GiftCardBalance.com during each month in which a transaction occurs. You may choose to have a paper transaction summary mailed to you. However, there is a fee of $5.00 for this service.