Visa® Event Card
Cardholder Agreement

This Cardholder Agreement (“Agreement”) governs the issuance and use of your Event Card issued by Commerce Bank (“Card”). Please read this Agreement carefully and keep it for your records. In this Agreement, the words “you”, “your” and “Cardholder” mean the person who has purchased the Card and any person who has received or is authorized to use the Card. “We”, “us”, “our”, and “Commerce” mean Commerce Bank, its successors, affiliates and assigns. “Account” means any Card, issued to the Cardholder. By signing the back of the Card, activating, or using the Card, or permitting anyone else to use the Card, you agree to the terms of this Agreement. The Card is a prepaid debit card access device that can be used at retail establishments that have agreed to accept Visa® branded debit cards. The Card is a prepaid card that can be registered and reloaded in limited circumstances, only by us or Visa Inc. and is NOT a credit card. There is no credit card, credit line, overdraft protection, or deposit account associated with your Card. There is a limited purpose host-based account at Commerce in which the funds that are stored on the Cards are maintained. You have no rights to these funds, except to access funds that have been loaded on the Card by using the Card in accordance with this Agreement. Commerce does not pay any interest on the funds stored on the Card. The underlying funds on deposit with Commerce are FDIC insured.

A. Terms of Usage and Fees

  1. Knowing Our Customer
    The USA PATRIOT Act is a federal law that requires all financial institutions to obtain, verify, and record information that identifies a prospective Cardholder. Commerce is required to request your name, current address, social security number (or other government issued identifying numbers), date of birth and other information that will allow us to identify you as part of our Customer Identification Program (CIP), should you elect to register or reload the Card. You may also be asked to provide proof of your identity, such as a valid driver’s license, or other government issued photo identification that proves residency and nationality.
  2. Access to Funds
    You may access the funds in the Account with your Card in accordance with this Agreement. You may not make any deposit, withdrawal or any other transaction with the Card or the Account, except for the Account transactions described in this Agreement. You will not be able to add funds to your Account.
  3. Certain Card Restrictions
    The Card is the property of Commerce and we grant you use of the Card solely for the purposes outlined in this Agreement. To the extent permitted by law, we may terminate your right to use the Card and/or to access the funds loaded onto the Card at any time without notice or liability (whether or not you are in default of any part of this Agreement). You must surrender the Card, either upon direct request by us, or any other bank or merchant who is acting upon our instructions. Termination, whether by you or by Commerce, shall not affect prior transactions or obligations relating to your Card existing at the time of termination. Upon termination or surrender of the Card, any remaining balance, minus any applicable fees and transactions, will be refunded to you by check mailed to your address on file, unless we make other arrangements to do so. The Card is not for resale.
  4. Card Ownership and Residence Limitations
    You must be at least 18 years of age to obtain or use the Card. Commerce reserves the right to limit the states in which the Card may be distributed and where Cardholder may reside. Once obtained, Cards may be used throughout the United States and internationally, wherever Visa debit cards are accepted.
  5. Cardholder Status and Liability
    The Card will be issued in your name only. You will provide us with your name as part of the “Cardholder Information” during the enrollment (or activation process). The name you provide will be deemed the Cardholder and owner of the Account. Your name may be embossed on the Card. Card transactions, including purchases and cash withdrawals, can be completed only by the Cardholder to whom the card is issued or registered. You hereby agree to be liable for all fees and for any Card transaction assessed against the Card to the extent that there are not sufficient funds on the Card to cover the Card transaction and/or fees.
  6. Legal Process
    The funds loaded onto your Card are subject to any legal process, including, but not limited to, levies, garnishments, attachments or executions, served on Commerce in the name of the Cardholder.
  7. Fees
    The following fees apply to your use of the Card. Commerce reserves the right to add, subtract or modify these fees at anytime by posting a revised version of this Cardholder Agreement at the website found on the back of your card (“Site”).

Card Fee Schedule

Fee Type Fee Description Fee Amount
Cardholder Transaction Fees*
ATM Balance Inquiry Fee – Domestic In Network Fee for balance inquiry transaction from a domestic In Network ATM. In Network includes Commerce Bank, Allpoint and Plus Alliance ATMs No Fee
ATM Balance Inquiry Fee – Domestic Out of Network Fee for balance inquiry transaction from a domestic ATM not in the In-Network list of ATMs $0.50
ATM Balance Inquiry Fee – International Fee for balance inquiry transaction from an international (non-US) ATM $0.50
ATM Cash Withdrawal Fee – Domestic In Network Fee for withdrawal transaction from a domestic In Network ATM. In Network contains Commerce Bank, Allpoint and Plus Alliance ATMs One Free per Month
$1.50 thereafter
ATM Cash Withdrawal Fee – Domestic Out of Network Fee for withdrawal transaction from a domestic ATM not in the In-Network list of ATMs $1.50
ATM Cash Withdrawal Fee – International Fee for withdrawal transaction from an international (non-US) ATM $1.50
Teller Cash Withdrawal Fee – Domestic Fee for Teller Cash transaction from a US Financial Institution No Fee
Teller Cash Withdrawal Fee – International Fee for Teller Cash transaction from a non-US Financial Institution No Fee
International Service Fee Fee for multi-currency conversion 2%
Service Assessment Fee Fee for single currency international transaction done in U.S. Dollars 2%
Other Cardholder Fees
Monthly Fee Fee for monthly maintenance of the  Account No Fee
Card Replacement Fee Fee for replacement of a Card that has been lost, stolen or damaged No Fee
Unload and Close Fee Fee for paper check refund request for Account closure No Fee
Text Alert Fee** There is not a fee assessed by Commerce Bank. No Fee

*When you use an ATM not owned by Commerce, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer at the ATM). In addition, you may be charged fees by other third parties for use of your Card, such as (i) stores and merchants for POS transactions, and (ii) other banks and financial institutions for cash withdrawals at their branches.

**You can elect to have text alert messages, including your Card balance, sent to your cell phone by signing into your online account at at the website found on the back of your card and designate your preferences. Standard text rates and/or web access charges from your wireless phone carrier also may apply. See your wireless phone carrier for details.

B. Using Your Card

  1. Card Signature and Activation
    When you receive your Card, you will need to activate it and choose a Personal Identification Number (“PIN”) by calling 1-855-545-8472 and following the instructions or via the Site, unless you receive a card that is activated in advance and contains a default PIN. You will need to provide identifying information when you activate your Card. Your card cannot be used until it is active and has a PIN associated with it.

    There is a panel on the back of the Card for your signature. You should sign this panel on your Card as soon as you receive it to help protect your Card from unauthorized use. However, your responsibility for transactions with the Card, as described in this Agreement, does not depend on whether or not you sign your Card.

    You are responsible for all transactions made with your Card. We recommend you keep track of your Card balance and fees associated with Card usage. You may contact our customer service department at 1-855-545-8472 or visit the website found on the back of your card to view your transactions and monthly statement or to request a paper statement, you may perform a balance inquiry at any Commerce ATM or ATM displaying the Visa® or Plus® logos, or you may sign up for text alerts. Fees may apply. If Card transactions are incurred that exceed the Card balance, or your Card balance becomes negative, you agree to promptly repay to Commerce the amount in full, including any fees and potential collection costs. We reserve the right to bill you for any negative balance. We also reserve the right to cancel the Card.
  2. Using Your Card
    Provided funds are available on your Card, you may use your Card to perform the following types of transactions in accordance with this Agreement:
    • At ATMs and tellers at financial institutions worldwide displaying the Visa® or Plus® logos, and subject to any applicable fees, you may use your Card to (i) make withdrawals of cash up to the lesser of the limits detailed in Section C-5 of this agreement or the amount of funds stored on your Card. Individual ATM limits may also apply.Commerce ATMs, Allpoint Network ATMs and Plus Alliance ATMs shall be considered In Network ATMs and can be found on the locator page on the Site.
    • At merchants accepting Visa® debit or Interlink® or Maestro® transactions, you may use your Card to pay for purchases of goods and services and obtain cash up to the amount of funds stored on your Card (including any applicable fees). Any person honoring your Card may be required to obtain approval or authorization for any transaction. We may recognize the transaction even if it was not authorized, but that does not mean we will accept the same type of transaction again. You do not have the right to stop payment on any point-of-sale transaction originated by use of your Card. A PIN will not be needed in order to purchase goods or services using the “credit” transaction key at merchant locations that accept Visa® debit cards and allow transactions to be routed as “credit”, or when purchasing goods over the phone or on the Internet.
    Some of these services may not be available at all terminals. We will not be liable or responsible for any merchant’s inability or refusal to honor your Card.

    You agree that you will: (i) use the Card only as provided for in the Agreement; (ii) promptly notify us of any loss or theft of your Card; (iii) promptly notify us of the loss, theft, or unauthorized disclosure of any PIN, code, or numbers used to access Card funds; and (iv) not use your Card for any illegal purpose, including, but not limited to, online gambling merchants, whether or not online gambling is illegal in the state in which you use your Card. You agree not to use the Card for business purposes. We may refuse to process any transaction that may violate the terms of this Agreement or any applicable law, regulation or rule (including, but not limited to, any Visa rule). We may also limit the number of Cards issued to you in our sole discretion.
  3. Refunds and Returns
    If you are entitled to a refund or perform a return transaction with a merchant for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds.
  4. Card Program Website Services
    The Card services include certain services available only through the Card Program website (“Site”). The terms of this Agreement, along with the Terms of Service posted at the website found on the back of your card apply to your use of the Site. In the event of a conflict, the terms of this Agreement will prevail.
  5. Card Program Mobile App Services
    The Card services include certain services available only through the Card program mobile app (“App”). The terms of this Agreement, along with the Visa Digital Commerce App Terms and Conditions posted at the website found on the back of your card under Terms and Conditions apply to your use of the App. In the event of a conflict, the terms of this Agreement will prevail.
  6. Funding methods
    You will not be able to add funds to your Account at any time. Your account is only reloadable by us or Visa Inc.
  7. Transaction Information
    Your balance and transaction information is available 24 hours a day, 7 days a week via the Visa Digital Commerce App, the Site or by calling 1-855-545-8472. You may view and print statements online via the Site or you may request a paper statement be mailed to you.

C. Rights and Obligations Regarding Card Use

  1. Your Personal Identification Number (PIN)/Signature on the Card
    1. Creating a PIN. You must create a PIN for your Card in order to use ATMs and make purchases at merchants accepting Visa® Debit, Interlink® or Maestro® transactions. You may do this by visiting the Site. You may also create a PIN by calling 1-855-545-8472 and following the prompts to select your PIN. Your PIN will not be sent to you through the mail. If you have forgotten your PIN, you may reset it via the Site or by calling 1-855-545-8472.
    2. Security of your PIN. You should not disclose your PIN to anyone. If the security or confidentiality of your PIN is compromised, you must notify Commerce at once. The PIN is for your use and protection. You agree to: (a) not disclose the PIN or otherwise make it available to anyone else; (b) be liable for the PIN and for its authorized and unauthorized use. We are entitled to rely on the use of your PIN as your authorization for any transaction using the Card and PIN until we have had a reasonable period of time to disable your Card after notice that your Card or PIN has been compromised. We reserve the right to implement additional security procedures.
  2. Lost/Stolen Cards
    Notify us AT ONCE if you believe your Card or PIN has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money on your Card. If you believe that someone has stolen your Card or PIN or transferred, or may transfer, money from your Card without your permission, call us immediately at this phone number: 1-855-545-8472. If you tell us within two (2) Business Days after you learn of the loss or theft of your Card, you can lose no more than $50.00 if someone used your Card without your permission. If you do not tell us within 2 Business Days after you learn of the loss or theft of your Card or PIN, and we can prove that we could have stopped someone from using your Card and making transfers from your Card without your permission if you had told us, you could lose as much as $500. (Note: Since your Card is a Visa Card, as long as Visa’s Zero Liability Policy is in effect, you will not be liable for the amounts stated above unless we determine that you were grossly negligent or fraudulent in the handling of your Card.) Also, if your statement shows transfers that you did not make, notify us at once. If you do not notify us within 60 days after the statement was generated, you may not get any money you lost after 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods at our discretion.
  3. ATM User Precautions
    As with all financial transactions, please exercise discretion. For your own safety when using an ATM, keep in mind the following suggestions:
    • Be aware of your surroundings when using an ATM, particularly during the hours of darkness;
    • Be accompanied by another person when using an ATM during the hours of darkness;
    • Refrain from displaying cash. Place cash in a pocket as soon as a transaction is completed and count cash in the safety of a locked enclosure such as a car or home;
    • Use another ATM or return at a later time if anything suspicious is noticed when using or considering using an ATM; and
    • Please report any suspicious activity or crimes to both the operator of the ATM and the local law enforcement officials immediately.
  4. Limitations on Amount of Loads/Reloads
    Commerce reserves the right to restrict the total amount loaded to your Card and to accept or reject any request to reload value to the Card at our sole discretion. We reserve the right to monitor and report any suspicious activity.
  5. Limitation on Dollar Amount of Transactions
    The balance available for authorizing purchases or cash withdrawals is the lesser of 1) the balance on your Card, or 2) dollar limitations.
    • Minimum withdrawal amount – Minimum withdrawals are subject to the method of withdrawal.
    • Maximum withdrawal amount – There is a maximum cash withdrawal amount of $200 per day (up to $400 per rolling 7-day period). This includes ATM withdrawals. Further dollar limitations may be imposed by specific ATMs or merchants.
    • Maximum spending amounts – There is a maximum daily spending limit of $1,000.
    For security reasons, Commerce reserves the right to implement additional limits on the amount, number or type of transactions you can make using the Card.
  6. Reservations and Merchant Authorizations
    1. Hotel reservations. Hotels may put a hold on your Card in the amount of your estimated bill when you check in, which will make that amount unavailable for other purchases. The hold may last until a few days after you check out. Under certain circumstances, a hotel may require the use of a Card to guarantee reservations that may result in a hold on the available funds on the Card. If you cancel any guaranteed reservation made using the Card, you must obtain a cancellation number. If you fail to do so, the hold placed for the guaranteed reservation will not be canceled and the amount will be held against the balance on the Card. This may limit your future transactions. Further, if the merchant subsequently charges the amount of the guaranteed reservation to your Card, we will not be obligated to re-credit the Card if you fail to obtain a cancellation number.
    2. Rental Car Reservations and Payments. Auto rental establishments may require you to reserve your car with a credit card. They may allow you to use your Card for the final payment. Please check with the car rental establishment for their specific procedures.
    3. Cancellation of Authorizations. If you do not use your Card for the final payment, you must request that the merchant cancel authorizations issued for Card transactions. The failure to have the authorization canceled may result in a hold on funds on the Card and limit your future transactions for a period of time.
    4. Pay at the Pump Transactions. If you use your Card at an automated fuel dispenser (i.e., pay at the pump) it may result in a hold on your funds of $75.00 or more. To avoid this hold, you may go into the gas station and pay for your purchase in advance with the cashier and specify the exact dollar amount of gas you would like to purchase.
    5. Restaurant and Other Merchant Authorizations. Restaurants, hair salons and some other types of merchants may obtain an authorization on the Card for an amount greater than the total service bill to cover any gratuity that may be added. Be sure that the balance on the Card is sufficient to cover the cost of the bill plus any anticipated gratuity. If the Card is declined, ask the merchant to obtain an authorization for an amount equal to or less than the balance on your Card and pay the difference with another form of payment if allowed by the merchant.
  7. Split-tender Transactions
    If you do not have sufficient funds on your Card to complete your transaction, you may request the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another card. These are called “split-tender transactions”. Some merchants do not allow you to conduct split-tender transactions. Some merchants will only allow you to do a split-tender transaction if you pay the remaining amount in cash.
  8. Foreign & U.S. Currency/Conversion Rates and Fees
    Purchases, cash withdrawals and cash advances made in currencies other than U.S. dollars will be converted to U.S. dollars under regulations established by Visa International. Conversion will be at a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives or the government-mandated rate in effect for the applicable central processing date. Conversion to U.S. dollars may occur on a date other than the date of the transaction. Therefore, the conversion rate may be different from the rate in effect at the time of the transaction. You agree to pay the converted amount, plus a 2% International Service Fee. For purchases, cash withdrawals and cash advances made in U.S. dollars at merchant locations or processed through the merchant’s bank located outside of the United States and its territories, you agree to pay the transaction amount, plus a 2% Service Assessment Fee. Whether or not there is a currency conversion, transactions made through a third party payment processor may be subject to the International Service Fee or the Service Assessment Fee, or both, if funds are transferred to merchants or merchants’ banks located outside of the United States and its territories.
  9. Right to Receive Documentation of Card Transactions - Terminal Receipts
    At the time you make a Card ATM transaction or merchant POS transaction, you will get, or may choose to get, a receipt for the transaction.
  10. Right To Stop Payment Of Preauthorized Transfers And Procedures For Doing So; Right To Receive Notice Of Varying Amounts; And Our Liability For Failure To Stop Payment
    If you have authorized a merchant to initiate debits to your Card at substantially regular intervals, you can stop any of these payments. Here’s how: Call us at 1-855-545-8472, or write us at Commerce Bank, Attn: Prepaid Products KCBC-11, P.O. Box 411036, Kansas City, MO 64141-1036 in time for us to receive your request three (3) Business Days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call.
    If these regular payments vary in amount, the person you are going to pay will tell you, ten (10) days before each payment, when it will be made and how much it will be. You may choose to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
    If you notify us and request us to stop one of these payments three (3) Business Days or more before the transfer is scheduled, and we do not do so, we will be liable for the amount of the payment as your sole and exclusive remedy for the failure to stop the payment.
  11. Disclosure of Commerce’s Liability for Failure to Make Transfers
    If we do not complete a transfer to or from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, we will not be held liable for and you will be responsible for all fees in connection with the following:
    • If, through no fault of ours, you do not have enough money stored on your Card to make the transaction.
    • If the ATM where you are making the transfer does not have enough cash.
    • If the terminal or system was not working properly and you knew about the breakdown prior to completing the transaction.
    • If circumstances beyond our control (such as flood or fire) prevent the transfer, despite reasonable precautions that we have taken.
  12. Disclosure of Card Information to Third Parties
    We will disclose information to third parties about your Card or the transactions you make:
    • When it is necessary for completing transactions, or
    • In order to verify the existence and condition of your Card for a third party, such as a consumer reporting agency or merchant, or
    • In order to comply with government agency or court orders, or
    • If you give us permission, or
    • In accordance with our current Privacy Policy http://commercebank.com/about/security-center/privacy.asp
    When you signed up for your Card, you were asked to provide information about yourself. The personal information you gave was collected by Commerce and will be used as described in our Privacy Policy.
    You understand and agree that Commerce may share your Card experience and transaction information with its Affiliates, which are members of the Commerce Corporate family as defined in our Privacy Policy Notice. Unless you call 1-855-545-8472, you agree that Commerce and its Affiliates may also share other information about you or your Card.
    You understand and agree that Commerce will receive and use information you provide so that Commerce may offer you other Commerce products and services. Commerce’s Privacy Policy will govern how Commerce uses the information you provide to Commerce. You agree that we may monitor and record your telephone and electronic communications with us at any time, without further notice to you or any party to the communication.
    You will notify us immediately at Commerce Bank, Attn: Prepaid Cards KCBC-11, P.O. Box 411036, Kansas City, MO 64141-1036 if you believe any information we reported to a consumer reporting agency is inaccurate.

Other Important Information About Your Card

  1. Expiration of Cards
    Unless your Card has already reached a zero balance due to use or Fee assessment, the funds and your Card will expire as of the last day of the month and year that is embossed on the front of the Card. If you wish to receive a replacement Card, please contact customer service at: 1-855-545-8472.
  2. Balance Refund Requests
    At any time prior to your Card’s expiration, you may close your Card, which will terminate this Agreement. You may request Commerce to “unload” the funds from your Card and send them to you in the form of a check. Please see the above fee schedule for the unload fee amount. Please contact us at 1-855-545-8472 to unload and close your Card. We will send you a check in the amount of your Card balance after deducting the fee and any other fees chargeable to your Card. The check will be sent to the address on record. Please be sure your address is correct BEFORE making the request.
  3. Zero Balance and Inactive Cards; Abandoned Property
    If your Card goes fifteen (15) consecutive months with a zero balance, Commerce will consider your Card closed and will deactivate the Card. If your Card maintains a negative balance for at least 90 days, Commerce will close the Card and begin procedures to collect the funds due us. After 365 days of inactivity, Commerce will consider a Card with a remaining balance as dormant and will close the Card. We may unload the funds or we must escheat the funds to the state or governmental authority. You acknowledge and agree that Commerce may be required to turn over to a state government authority any funds remaining on your Card if they are considered abandoned under applicable state law.
  4. Error Resolution Procedures
    In case of errors or questions about your Card, call 1-855-545-8472 or write: Cardmember Dispute Services, P.O. Box 636001, Highlands Ranch, CO 80163-6001 as soon as you can. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your history of Card transactions, if the error could be viewed in your electronic history, or the date we sent the FIRST written statement or other history on which the error appeared. You may request a written statement of your transactions at any time by calling us at 1-855-545-8472 or writing us at Cardmember Dispute Services, P.O. Box 636001, Highlands Ranch, CO 80163-6001. You will need to tell us:
    • Your name and Card number.
    • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
    • Tell us the date, type, merchant name (if applicable) and 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) calendar days to investigate your complaint or question. If we decide to do this, we will credit your Card within ten (10) Business Days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not credit your Card.
    For errors involving new Card relationships, point-of-sale, or foreign-initiated transactions we may take up to ninety (90) calendar days to investigate your complaint or question. For new Card relationships, we may take up to twenty (20) Business Days to credit your Card for the amount you think is in error.
    We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
    You may ask for copies of the documents that we used in our investigation. If you need more information about our error-resolution procedures, call us at 1-855-545-8472 or the Site.
  5. Commerce’s Business Days
    Our “Business Days” are Monday through Friday, excluding Federal holidays.
  6. Commerce Right to Set-Off
    You agree that Commerce is authorized at any time to set-off the funds that are associated with your Card account against your debts or liabilities owed to Commerce. Commerce may exercise this right of set-off without notice to you.
  7. Change of Terms
    We may change the terms of this Agreement at any time without notice to you unless required by law. To the extent allowed by law, the new terms will affect all existing balances on your Card in addition to your future use of your Card.
  8. Assignment
    You may not transfer or assign this Agreement to any other person without Commerce’s prior written consent. We may assign our obligation to you under this Agreement without your consent or notice to you.
  9. Severability/No Waiver
    If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Commerce’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Commerce’s right to subsequently enforce such provision or any other provisions of this Agreement.
  10. Governing Law
    This Agreement shall be governed by applicable federal and state law and regulations and the rules of the Federal Reserve. To the extent not preempted by applicable federal law, this Agreement shall be governed by the laws of the State of Missouri without reference to its conflict of laws provisions. If any provision of this Agreement is invalid under law, that provision will be invalidated; the remainder of this Agreement will continue to be valid.
  11. Indemnification; No Liability for Third Party Goods or Services
    Commerce is not liable for any goods or services purchased with the Card, including, but not limited to any liability for the quality, availability, delivery or any other issue with respect thereto. Cardholder hereby agrees to indemnify, defend and hold harmless Commerce and its officers, directors, employees, agents and shareholders from and against any third party claims arising out of or related to Cardholder’s use of a Card or the Site.
  12. Cancellation; Termination
    To the extent permitted by law, Commerce may cancel your Card, refuse to allow further transactions against your Card or revoke your Card(s) at any time (whether or not you are in default of any part of this Agreement). We may cancel your Card without notice or liability. This Agreement will terminate upon any such cancellation or termination. The Card is and shall remain the property of Commerce and you agree upon demand to return your Card to Commerce. You must surrender the Card(s), either upon a direct request by us, or any other bank or merchant who is acting upon our instructions. You may terminate this Agreement at any time by returning your Card to Commerce. Termination, whether by you or by Commerce, shall not affect prior transactions or obligations relating to your Card existing at the time of termination. Upon completion of the processing of all outstanding transactions, disputes and fees, this Agreement will terminate, and Commerce will arrange to transfer any remaining funds stored on the Card to you.
  13. Survival
    The rights and obligations in this Agreement that by their nature are continuing will survive the expiration or termination of this Agreement for any reason, including, but not limited to Sections: A.3, A.5, A.6(b), A.7(e)-(g), A.9, B.1 (last paragraph), C.8, C.10, C.11, C.12, D.3, D.4, D.6, and D.8 through D.17(inclusive).
  14. Disclaimer of Warranties
    THE CARD, THE SITE, AND RELATED SERVICES ARE PROVIDED TO CARDHOLDER BY COMMERCE AND ITS LICENSORS, VENDORS AND SERVICE PROVIDERS “AS IS.” EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COMMERCE HEREBY DISCLAIMS, AND CARDHOLDER HEREBY WAIVES AND RELEASES COMMERCE AND ITS LICENSORS, VENDORS AND SERVICE PROVIDERS, AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM, ALL REPRESENTATIONS AND WARRANTIES OF ANY NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE CARD, THE SITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, PURPOSE OR APPLICATION, OR OTHER IMPLIED CONTRACTUAL WARRANTY; (b) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; (c) ANY WARRANTIES OF TIMELINESS, TITLE OR NON-INFRINGEMENT; AND (d) ANY OTHER WARRANTY WITH RESPECT TO QUALITY, ACCURACY OR FREEDOM FROM ERROR OF THE CARD OR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER COMMERCE NOR ITS LICENSORS, VENDORS OR SERVICE PROVIDERS WARRANT THAT OPERATION OF THE CARD, THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL COMMERCE OR ITS LICENSORS, VENDORS OR SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY AN EQUIPMENT MALFUNCTION OR DUE TO TELECOMMUNICATIONS OR INTERNET OUTAGES OR MALFUNCTIONS OR AN OUTAGE OR MALFUNCTION IN ANY OF THE OTHER SYSTEMS OR SERVICES USED TO PROVIDE THE SERVICES. ABSENT COMMERCE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, COMMERCE’S SOLE OBLIGATION AND CARDHOLDER’S SOLE REMEDY IN THE EVENT A SERVICE IS NOT PROVIDED IN THE MANNER SET FORTH IN THIS AGREEMENT, WILL BE FOR COMMERCE TO REPERFORM THE SERVICE IN THE MANNER SET FORTH IN THIS AGREEMENT AT NO COST TO CARDHOLDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCE, COMMERCE’S LIABILITY FOR ERRORS OR OMISSIONS CAUSED BY COMMERCE WITH RESPECT TO THE TRANSACTIONS PROCESSED OR DATA TRANSMITTED OR PRINTED BY COMMERCE WILL BE LIMITED TO REPROCESSING, RETRANSMITTING OR PRINTING CORRECTED DATA OR REPRINTING AT NO CHARGE TO CARDHOLDER. THE REMEDIES SET FORTH IN THIS AGREEMENT ARE CARDHOLDER’S SOLE AND EXCLUSIVE REMEDIES FOR COMMERCE’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT.
  15. Limitation of Liability
    1. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, COMMERCE’S AGGREGATE LIABILITY TO CARDHOLDER FOR CLAIMS ARISING UNDER OR RELATING TO THIS AGREEMENT, WHETHER FOR BREACH, NEGLIGENCE, INFRINGEMENT, IN TORT OR OTHERWISE, SHALL BE LIMITED TO THE LESSER OF $100 OR THE TOTAL FEES PAID BY CARDHOLDER TO COMMERCE FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS LIMITATION OF LIABILITY IS AN AGGREGATE LIMIT AND IS INTENDED TO APPLY TO ALL CLAIMS, WITHOUT REGARD TO WHICH PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED.
    2. IN NO EVENT WILL COMMERCE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOST PROFITS, LOSS OF OPPORTUNITY OR GOOD WILL, OR LOST OR CORRUPTED DATA, EVEN IF COMMERCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THIS LIMITATION ON DAMAGES SHALL APPLY TO ALL CLAIMS OF CARDHOLDER, WHETHER SOUNDING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY) OR OTHER CLAIM EXCEPT FOR ANY CLAIMS ARISING OUT OF COMMERCE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
    3. COMMERCE AND CARDHOLDER ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE A BARGAINED FOR ALLOCATION OF RISK AND LIABILITY, AND AGREE TO RESPECT SUCH ALLOCATION OF RISK AND LIABILITY. CARDHOLDER ACKNOWLEDGES AND AGREES THAT COMMERCE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION.
  16. Notices
    We may send notices to you at the last postal or e-mail address reflected for you in our Card records. Notices sent to you for any one of your Cards shall be deemed given with respect to all of your Cards. If your e-mail or postal address changes, you agree to update your information online at the Site or by calling us at 1-855-545-8472 immediately. Failure to do so may result in a replacement Card or Card information being mailed to the wrong person or your transactions being declined at the point-of-sale.
  17. Questions
    You may provide us notice of or direct any questions to us regarding this Agreement or our current fee schedule, by writing to us at Commerce Bank, P.O. Box 411036, Kansas City, MO 64141-1036; calling us at 1-855-545-8472 or visiting: the website found on the back of your card and clicking on “contact us”.