PAPER CERTIFICATE HOLDER  AGREEMENT

 

This Agreement (the “Agreement”) is the contract outlining the terms under which the eMovie Paper Certificate has been issued to you by Hometown Bank. Please read this Agreement carefully and save it for future reference.

1. Definitions. In this Agreement, “you”, “your”, and “cardholder” mean the person or persons who have received the Paper Certificate and are authorized to use the card number as provided in this Agreement. “We”, “us”, and “our” mean Hometown Bank, the issuer of the Paper Certificate. “Paper Certificate” means the eMovie Paper Certificate. "Code" means the number/letter sequence found on specially marked products used to obtain your Paper Certificate.

2. Your Representations and Agreements. By retaining, activating, using or authorizing the use of the Paper Certificate (i) you acknowledge receipt of this Agreement; (ii) you accept the Paper Certificate; and (iii) you agree that you have read and understand this Agreement and that you will be bound by and will comply with all of its terms and conditions.

3. Use of Your Paper Certificate. Your Paper Certificate may be used at participating movie theaters. If the purchase price exceeds the dollar amount printed on the Paper Certificate, the difference must be paid by you. Our records will be deemed to accurately reflect the value available on the Paper Certificate. You are responsible for all transactions initiated by use of your Paper Certificate. The Paper Certificate contains a unique code which can only be used for up to the dollar amount listed on the Paper Certificate.

If you permit someone else to use your Paper Certificate, you will be deemed to have autho­rized this person to use your Paper Certificate and will be responsible for all transactions initiated by that person with the Paper Certificate.

You do not have the right to stop payment on any transaction originated by use of your Paper Certificate.

4. Usage Limitations.  You may not use your Paper Certificate for illegal purposes. You may not use the Paper Certificate to obtain cash at an Automated Teller Machine (“ATM”) or at a bank branch. You will not receive a personal identification number with the Paper Certificate. You may not use the Paper Certificate to make preauthorized regular payments. The Paper Certificate cannot be re-loaded.

5. Balance Inquiry. You can check the balance of your Paper Certificate by calling 1-800-290-0816. We may provide additional methods of checking the balance. You may call 1-800-290-0816 to inquire whether other methods are available.

6. Fees and Charges. We will not assess fees for use of the Paper Certificate. However, fees may be imposed by others in connection with your Paper Certificate.

7. In Case of Errors or Questions About Paper Certificate Transactions. Call us immediately at 1-800-290-0816 or write to us at 111 John Street 27th Floor, New York, NY 10038  if you think your receipt is wrong or if you need more information about a transaction. If you tell us orally, we may require that you send your complaint or question in writing within 10 business days. We must hear from you no later than 60 days after the date of the transaction in question and you must provide the fol­lowing information: (1) your name and Paper Certificate number; (2) a description of the error or the transaction you are unsure about and an explanation of why you believe it is an error or why you need more informa­tion; and (3) the dollar amount of the suspected error.

We will notify you of the results of our investigation within 10 business days after we hear from you. If our investigation determines there was an error, it will be corrected promptly. In some instances, it may take up to 45 calendar days to investigate your complaint or question.

If an error involves a transaction that was initiated outside of the United States or any territory or possession of the United States, the applicable time period for investigation shall be 90 calendar days.  We will notify you of the results after completing our investigation.

8. Lost or Stolen Paper Certificate. You agree to handle your Paper Certificate like cash. Because the Paper Certificate is like cash and the Paper Certificate cannot be registered, a replacement Paper Certificate will not be issued and the balance on the lost or stolen Paper Certificate will not be refunded.

9. Paper Certificate Expiration. You will be issued one Paper Certificate per Code.  Your Paper Certificate is good until the expiration date that appears on the Paper Certificate..  We will not return the balance remaining on your Paper Certificate upon expiration of your Paper Certificate.

10. International Transactions and Fees. Your Paper Certificate may not be used for International Transactions.

11. Liability Limitations. Under no circumstances will we be liable to you for special, punitive, or consequential damages or for any incidental expenses incurred by you, including, without limitation, attorneys’ fees.

12. Disclosure of Account Information to Third Parties. We may disclose information to third parties about your Paper Certificate or Paper Certificate transactions: (1) where it is necessary for completing transactions; (2) to verify the existence and condi­tion of your account for a third party, such as a merchant; (3) to comply with government agency or court orders; (4) if you grant your permission.

13. Revocation. The Paper Certificate is our property and we may revoke the Paper Certificate at any time without cause or notice. However, you are solely responsible for the pos­session, use and control of the Paper Certificate. You must surrender a revoked Paper Certificate and you may not use an expired or revoked Paper Certificate.

14. Amendment. We may change the terms of this Agreement at any time without notice, unless required by law. If such notice is required, we will notify you in writing and any change will be effective on the date specified in the notice. Changed terms will apply to the outstanding balance of your Paper Certificate and to any Paper Certificate transactions after the date of the change. In any event, use of your Paper Certificate after the date of the change will constitute your agreement to the change.

15. Governing Law. This Agreement is governed by applicable federal laws and regulation and, to the extent not preempted by federal laws and regula­tions, by the laws of the State of Ohio.

16. Arbitration. PLEASE READ THIS PROVISION OF THE AGREEMENT CARE­FULLY. UNLESS YOU EXERCISE THE RIGHT TO OPT-OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY, TO ENGAGE IN DIS­COVERY (EXCEPT AS MAY BE PROVIDED IN THE ARBITRATION RULES), AND TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. YOU ALSO AGREE ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US AND WILL NOT BE PART OF A CLASS-WIDE OR CONSOLIDATED ARBITRATION PROCEEDING.

 

Agreement to Arbitrate. You and we agree that any Dispute, except as pro­vided below, will be resolved by Arbitration. This agreement is governed by the Federal Arbitration Act (FAA) and the substantive law of the State of Ohio (without applying its choice-of-law rules).

The term Dispute is to be given its broadest possible meaning and includes, without limitation, all claims or demands (whether past, present or future), based on any legal or equitable theory, and regard­less of the type of relief sought. A Dispute includes, by way of example and without limitation, any claim based upon marketing or solicitations to open the Paper Certificate, and the handling of your Paper Certificate.

 

Choice of Arbitrator.  The party filing an arbitration must initiate arbitration.  If you claim you have a Dispute with us, but you do not initiate an arbitration, we may do so.  To the extent the arbitration firm’s rules or procedures are different than the terms and conditions of this arbitration provision, the terms and conditions of this provision will apply.

 

Cost of Arbitration. We will pay the filing fee and any costs or fees charged by the arbitrator regardless of whether you or we initiate the arbitration. Ex­cept where otherwise provided by applicable law, each party will be respon­sible for its own attorneys’ fees and other expenses. Unless prohibited by law, the arbitrator may award fees, costs, and reasonable attorneys’ fees to the party who substantially prevails in the arbitration.

 

Place of Arbitration. Unless you and we agree to a different location, the arbitration will be held in the same city as the U.S. District Court closest to your then current mailing address.

Waiver of Rights. You are waiving your right to a jury trial, to have a court decide your Dispute, to participate in a class action lawsuit, and to certain discovery and other procedures that are available in a lawsuit. The arbitrator has the ability to award all remedies available by statute, at law, or in equity to the prevailing party, except that you and we agree that the arbitrator has no authority to conduct class-wide proceedings and will be restricted to resolving the individual disputes between you and us. The validity, effect, and enforceability of this waiver of class action lawsuit and class-wide arbitration are to be determined solely by a court of competent jurisdiction and not by the arbitration firm or arbitrator. If the court refuses to enforce the class-wide arbitration waiver, or if an arbitration firm fails or refuses to enforce the waiver of class-wide arbitration, you and we agree that the Dispute will proceed in court and will be decided by a judge, sitting without a jury, under applicable court rules and procedures.

 

Applicable Law and Judicial Review. The arbitrator will apply applicable federal and Ohio  substantive law and the terms and conditions of this Agreement. The arbitrator will make written findings and the arbitrator’s award may be filed with any court having jurisdiction. Either party may seek judicial review of the arbitrator’s decision ac­cording to applicable law.

 

Other Provisions. This arbitration provision will survive: (i) termination or changes in this Agreement, the Paper Certificate, or the relationship between you and us concerning the Paper Certificate; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your Paper Certificate, or any amounts owed on your Paper Certificate, to any other person or entity.

 

Right to Opt Out. If you do not wish your Paper Certificate to be subject to this arbitration provision, you must advise us in writing by contacting us at 111 John Street 27th Floor New York, NY 10038. Clearly print or type your name and Paper Certificate number and state that you reject arbitration. You must give written notice, and it is not sufficient to telephone us. Send only your notice to reject arbitration; do not include the notice with other correspondence to us. We must receive your letter at the above address within sixty (60) days after the date this Agreement was provided to you or your rejection of arbitration will not be effective.

17. Waiver. To the extent permitted by law, you waive and release us from all defenses, rights, and claims you have or may have against us arising from or relating to the Paper Certificate or any use of the Paper Certificate.

18. Telephone Monitoring/Recording. From time to time, we may moni­tor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.

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

20. Void Where Prohibited. Not all services described in this Agreement are available to all persons or at all locations. We reserve the right to limit, in our sole discretion, the provision of any such services to any person or in any location. Any offer of a service in this Agreement will be deemed void where prohibited.

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

22. 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.