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MasterCard Rules (PDF)

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United States Region <strong>Rules</strong><br />

3.10 Limitation of Liability of Cardholders for Unauthorized Use<br />

Issuers may approve, on an individual basis, any Internet gambling Transaction<br />

authorization requests identified with MCC 9754 (Gambling—Horse Racing,<br />

Dog Racing) that involve a U.S. region Cardholder. In using MCC 9754, the<br />

Acquirer asserts that the Transaction involves gambling activity deemed by the<br />

Acquirer to be legal in the U.S. region and indemnifies the Corporation in<br />

connection with all such gambling activity. Such indemnity applies regardless<br />

of the Acquirer’s or the Merchant’s compliance with the Corporation’s Internet<br />

Gambling Policy or the Standards.<br />

3.10 Limitation of Liability of Cardholders for Unauthorized<br />

Use<br />

The following applies with respect to United States Region Cardholders<br />

1. Limitation on amount. The liability of a Cardholder for unauthorized use of<br />

a Card (regardless of the type of account to which Transactions initiated<br />

with such Card are posted, except as set forth in paragraph 5 below) shall<br />

not exceed:<br />

a. USD 0 if the conditions set forth in paragraph 2, below, have been<br />

met or,<br />

b. if the conditions set forth in paragraph 2 have not been met, the lesser<br />

of USD 50 or the amount of money, property, labor, or services obtained<br />

by the unauthorized use before notification to the Issuer.<br />

2. Conditions to USD 0 liability. The liability limitations set forth in clause (a)<br />

of paragraph 1, above, shall apply only if<br />

a. the Cardholder has exercised reasonable care in safeguarding such Card<br />

from risk of loss or theft;<br />

b. the Cardholder has not reported two or more incidents of unauthorized<br />

use to the Issuer in the immediately preceding 12-month period; and<br />

c. the account to which Transactions initiated with such Card are posted<br />

is in good standing.<br />

3. Effect of other applicable law or agreement. If federal, state or local law, or<br />

an agreement between a Cardholder and the Issuer of a Card (regardless<br />

of the type of account to which Transactions initiated with such Card are<br />

posted) imposes lesser liability than that provided in this Rule, the lesser<br />

liability shall govern.<br />

4. Unauthorized use. For purposes of this Rule, “unauthorized use” means the<br />

use of a Card (regardless of the type of account to which Transactions<br />

initiated with such Card are posted) by a person other than the Cardholder<br />

who does not have actual, implied, or apparent authority for such use, and<br />

from which the Cardholder receives no benefit.<br />

5. Non-applicability. This Rule shall not apply:<br />

©1969–2012 <strong>MasterCard</strong>. Proprietary. All rights reserved.<br />

15-8 12 December 2012 • <strong>MasterCard</strong> <strong>Rules</strong>

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