Terms and Conditions

Cardholder Agreement

Vestar Properties Inc. Cardholder Agreement

(Effective 11-1-07)
Read this Gift Card Cardholder Agreement carefully and keep it for future reference. The Gift Card is a prepaid card issued by U.S. Bank® National Association and may be used at all Vestar Properties shopping centers. Signing the back of the Gift Card, using the Gift Card, or allowing someone else to use the Gift Card, means that you accept this Agreement and you are responsible for all transactions. In this Agreement the terms “we”, “us”, and “our” mean U.S. Bank and “you” or “your” mean anyone who has received the Gift Card or is authorized to use it. Keep a record of your Gift Card number in case of loss or theft. The Gift Card may be used at any merchant that accepts Visa® debit cards. The Gift Card may not be exchanged for cash equivalents (such as money orders or traveler’s checks), or credit. You must not use your Gift Card for any illegal transaction. We may decline authorization for any illegal transaction or Internet gambling transaction. Additional value cannot be added to this card. All transactions will be declined once the Gift Card balance reaches zero. The laws of the state of Ohio apply to this Gift Card Agreement. We may change the terms of, or add new terms to, this Agreement at any time, with or without cause, and without giving you notice, in accordance with applicable law. Check www.mall-giftcard.com/vestar for posting of the most recent terms.

U.S. Bank Fees

There are no fees when using the Gift Card to purchase goods and services. The following U.S. Bank fees may apply and will be deducted from the balance available on the Gift Card, except where prohibited or modified by applicable law.

Monthly Fee: An administrative fee of $2.00 will be charged by U.S. Bank and will be deducted from your balance beginning with the thirteenth month from the month of the card purchase, with the purchase month being the first month, or as allowed by law. For example: If your card is purchased in the month of December, the first monthly administrative fee would be charged the following December. This fee will not be charged once the balance on the Gift Card reaches $0.00. In some states this fee may not be charged until after a stated number of months of non-use.

Telephone and Web Service Fee: You have unlimited free access to balance and account information online at www.mall-giftcard.com/vestar. Your first unassisted call to our automated telephone banking number (1-866-889-6953) is free. Your Gift Card will be charged $.50 for each subsequent call to the automated number. A $1.00 fee will be charged to your Gift Card for all calls routed to a live customer service representative.

Balance Transfer Fee: A $15.00 fee will be charged to your Gift Card if it is replaced, cashed out at expiration or anytime before (see early closure), or escheated according to applicable law. If the remaining balance is less than $15.00 no refund will be issued.

Foreign Transaction Fee:
Transactions made in a foreign currency will be converted into U.S. dollars under the applicable rules of Visa USA. As of August 1, 2006, Visa rules provide that the amount of your transaction in dollars will be the amount of the foreign currency times: (a) 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 (b) the government-mandated rate in effect for the applicable central processing date. We may charge a fee equal to 3% of the transaction amount for transactions with merchants located outside of the U.S., even if currency is not converted.

No Resale

Resale of Gift Cards is strictly prohibited.

Expiration, Early Closure, Revocation

The Gift Card is valid through the expiration date shown on the front of the Card or until the value on the Gift Card reaches zero, except where prohibited or modified by applicable law. Prior to expiration you can apply the unused balance on your Gift Card toward purchase of a new Gift Card (purchase fee will apply). When the Gift Card expires it will be closed and any unused balance will be handled according to escheat law. You may close your Gift Card and receive the remaining balance by contacting Customer Service at 1-866-889-6953 (the balance transfer fee will apply). U.S. Bank may revoke the Gift Card at any time without cause or notice. You must surrender a revoked Gift Card and may not use it to make purchases. Any remaining balance will be sent to you by check as long as you provide your name and address and return the Gift Card to U.S. Bancorp Service Center, P.O. Box 6318, Fargo, ND 58125-6318. U.S. Bank is not liable for the revocation of funds on Gift Cards that have been resold.

Internet, Mail and Phone Order Purchases

Internet, mail and phone order purchases may require that we have the name and address of the Gift Card owner on file. If you wish to make Internet or mail order purchases, you will need to go to www.mall-giftcard.com/vestar and enter your name and address prior to performing an Internet, mail, or phone order transaction.

Liability and Error Resolution Procedures

Inform Customer Service immediately if your Gift Card has been lost, stolen, or subject to unauthorized use. Call 1-866-889-6953, 24 hours a day, 7 days a week. You will be required to provide your name, the Gift Card number, original value, and transaction history. You are liable for all transactions that occur on your Gift Card until you report it lost or stolen. You may also be liable for transactions that occur on your Gift Card after you report your Gift Card lost or stolen unless (1) you sign the signature panel on the back of the Card in permanent ink, (2) you promptly report to us all facts relating to a loss or theft of your Card, and (3) if we ask for your cooperation in our investigation of your lost or stolen Card, you fully cooperate with our request. If you comply with these procedures and we determine that there is a balance remaining on your lost or stolen Gift Card, you may request a replacement Gift Card. We will charge a $15.00 fee to replace a lost or stolen Gift Card, which will be deducted from the balance on the Gift Card. A reissued Gift Card may take up to 30 days to process.

U.S. Bank is not liable for any failed transaction if you do not have enough money on your Gift Card to cover a transaction, the terminal or system is not working properly, circumstances beyond our control prevent the transaction, or the merchant authorizes an amount greater than the purchase amount.

If there is a problem or dispute with a purchase of goods or services, you must address it directly with the merchant involved. Refunds and returns are subject to the merchant’s policies or applicable laws. In case of any other errors on your Card account call Customer Service immediately at 1-866-889-6953. You must call within 30 days of the date of the transaction. If you need more information about error resolution procedures please call Customer Service at 1-866-889-6953.

Disclosure of Information to Third Parties

We may disclose information to third parties about your Gift Card or the transactions you make: (a) where it is necessary for completing transactions; (b) to verify the existence and condition of your Gift Card to a third party; (c) to utilize services of third parties and affiliate entities who assist us in providing the Gift Card and related services; (d) to comply with government agency rules or court orders; (e) if you give your permission; (f) if you owe us money or there are legal proceedings in connection with your Gift Card, in which case, information may be released to attorneys, accountants, collection bureaus, financial institutions, and others involved in collection, adjustment, settlement or reporting; (g) to protect against potential fraud and other crimes; or (h) when otherwise permitted by law. We may share information about you and your Gift Card, based on our transactions and experiences with you, with our parent, affiliate and subsidiary companies, and Vestar Properties, Inc.