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How We Calculate Your Balance Subject
to Interest Rate:
We use a method called "Daily Balance (Including Current Transactions)." See
your account agreement for more details.
Billing Rights: Information on
your rights to dispute transactions and how to exercise those rights is
provided in your account agreement.
CARDHOLDER
AGREEMENT
This
Cardholder Agreement contains the general terms and conditions that will
govern your credit card account (the "Account"), and the credit card we issue
for Account access (the "Card"), if we approve your application for an
Account. The Account application you signed or otherwise submitted to us
(including its federal and state notices), and any amendment to this
Cardholder Agreement, are part of and incorporated into this Cardholder
Agreement by reference (together, our "Agreement" with you).
In
this Agreement, the words "you" and "your" mean each
applicant (as an individual) and all applicants (as a group) shown on the
Account application. The words "we," "us," and
"our," mean The Bank of Missouri, the financial institution that
provides the Account and issues the Cards, and its assigns and successors. You accept and agree to be bound by all
terms and conditions in this Agreement, including its arbitration provision,
the first time any of you use your Account; however, you have the right to
opt-out of the arbitration provision (Section 26) within 30 days of the
date this account is opened, as set forth in Section 26(A).
Oral
agreements or commitments to loan money, extend credit or to forbear from
enforcing repayment of a debt, including promises to extend or review such
debt, are not enforceable. To protect you (borrower(s)) and us (creditor)
from misunderstanding or disappointment, this agreement is the complete and
exclusive statement of the agreement between us, except as we may later agree
in writing to modify it.
1. USE OF CARD: Subject to the terms and
conditions in the Agreement, you may use your Account to purchase goods and
services from the merchants or providers (each, a "Participant") that have
agreed to participate in the credit card program we provide with assistance
from Vive Financial, LLC (Vive Financial). Before you attempt or agree to use
the Account and Card to purchase any goods or services on credit from a
Participant, you must notify the Participant that you intend to charge your
purchase to your Card and obtain the Participant's approval for the Card
purchase. We will not extend Account credit to you for any purchase, unless
you notified and obtained approval from a Participant for that purchase. We
will not be liable to you if a participant or any merchant refuses to honor
your Account and Card for any purchase.
2. ACCOUNT BILLING STATEMENTS AND NOTICES;
ADDRESS ON FILE: If you have a credit or debit balance on the Account of
$1 or more at the end of any billing period, we will send a periodic Account
statement (a "bill") showing what you owe us as of the end of that billing
period. We may not send you a bill, however, if we have decided your Account
is uncollectible, if we have sent the Account for collection proceedings
against you, or if the law does not require or permit us to send the bill.
You agree to examine each bill and notify us immediately of any item you may
dispute. The billing error rights notice in this Agreement and on your bills
provides more information about how you may notify us about any disputed
items or billing errors. We will mail or deliver your bill only to one
address.
If
your Account is a joint Account or more than one person is permitted to use
the Account, you agree that we may send all Account bills and other Account
notices solely to your address on file, as shown in our billing records. Your
address on file is the address you provided in your Account application,
unless: (a) we have received and processed a notice of a change in address
that you provided in accordance with this Agreement or your most recent bill;
or (b) we are notified by the U.S. Postal Service of an address correction
for you and we decide, in good faith, to rely on the address correction
notice we receive from the Postal Service. You agree to notify us immediately
of any change in your mailing address, telephone numbers, or other contact
information, such as your email addresses.
3. BALANCE CATEGORIES: We put each
charge on your Account, including interest and fees, into a balance category.
We use the different balances to calculate the correct interest charges on
your Account. If any type of charge is subject to a separate promotional
interest rate, deferred interest, and/or reduced or deferred payment
requirements (each, a "Promotional Balance") we will put the Promotional
Balance into a separate balance for the time period
you qualify for the special promotional terms ("Promotional Terms").
4. AUTHORIZED USERS AND AUTHORIZED CHARGES: If
you give your Card or Account number to another person, he or she is an
authorized user. An authorized charge is any charge you or any authorized
user makes on the Account, and any fees and interest charges owing on the
Account. Any charge made by an authorized user is an authorized charge. This
is true even if you told the authorized user not to make that specific
charge. A charge will still be authorized, even if it causes your Account to
exceed its credit limit, is an illegal transaction, or is made after your
Account is closed. An authorized charge can be made over the telephone, in
person, on the Internet, or in any other way your Account can be used.
5. PAYMENTS
A.
Promise
to Pay: You agree to pay all authorized charges on each bill,
including interest and fees. You agree to pay us for any charges that we
allow over your Account credit limit. You promise to pay at least the minimum
payment by the due date shown on each bill.
B.
Payment
Due Date; Payment Requirements: Each bill states the time and manner by which you must make your payment
for it to be credited as of the same day it is received. For your payment to
be considered on time, we must receive it in such time and manner by the due date
shown on your bill. If we do not receive or accept payments by mail on the
due date, your payment will be on time if it is received by the next day that
we accept or receive payments by mail.
You
must pay in U.S. dollars. You must not pay in cash. Your payment must be
drawn on a U.S. deposit account or by a cashier's check drawn on a U.S. bank
or a foreign bank branch in the U.S. No
payment shall operate as an accord and satisfaction without our prior written
approval. If you are attempting to pay your account in full, please
contact us to receive a payoff amount. If you make payments in a paper form
(such as check, money order, or cashier's check), please include the payment
coupon from your bill or write your Account number on the payment. If we
decide, in our discretion, or to comply with applicable law, to accept a form
of payment that does not meet these payment instructions, you agree that we
are not waiving our right to require you to make or continue making payments
that comply with these instructions and that are otherwise required by the
Agreement, to the extent permitted by applicable law. Failure to submit
payment as described in this section may result in a delay in any potential increase
in the credit available to you. To the extent permitted by applicable law, in
our discretion, we may implement a delay between the date on which we receive
your payment and the date on which the credit available on your Account is
increased by the amount of any payment to mitigate the risk of fraud.
You
can also make a payment or set up automatic payments by calling
1-877-486-3442. Automatic payments for the billing period shown on your
statement will be deducted on the Payment Due Date shown on that statement,
or the next automatic payment date referred to on your statement, unless you
request a recurring payment date that occurs before your Payment Due Date. If
your scheduled payment date falls on a Sunday or bank holiday, your payment may
be processed the business day prior to the weekend or bank holiday.
C.
Minimum
Payment: Your bill will state your due date and the minimum amount
you must pay by that due date (your "minimum payment" or the "minimum payment
due" in this Agreement and on your bill). If you do not pay the minimum
payment by its due date, we may charge you a late payment fee. You will also
be in breach of this Agreement. You may pay all or part of your Account
balance at any time. However, for each bill, you must pay at least the
minimum payment by the due date stated on the bill. If any Promotional Terms
apply that modify the payment requirements with respect to a Promotional
Balance, then those Promotional Terms will explain how we determine the
minimum payment due with respect to these Promotional Balances.
We
calculate your minimum payment in the following manner: At the end of the
billing period covered by the bill, we start by determining the amount that
is the greater of:
(i) the full unpaid balance of your Account at the end of
the billing cycle (the "New Balance"), if this New Balance is less than $25.00;
(ii)
$25.00, if the New Balance is at least $25.00:
(iii)
4.0% of either:
(a) the highest New Balance
since your account was opened; or
(b) the New Balance shown on
any statement immediately following the expiration or default of any
Promotional Terms; or
(c) the
highest New Balance since your New Balance was zero at any time; excluding
any Promotional Balances which will have a separate New Balance and/or
Highest New Balance calculation for that Promotional balance; or
(iv)
the sum of 1.0% of the New Balance (excluding any Promotional Balances), plus
all interest charges, late payment fees, and returned payment fees then due
for the Account. Then, we determine the minimum payment due for any
Promotional Balances by multiplying the initial Promotional Balance Amount
(the Promotional Highest Balance) by 4.0% unless the Promotional Terms state
a different minimum payment amount.
Then,
we determine whether there are any Account payments that are past due or
balances that exceed the credit limit of your Account. Finally, we calculate
your minimum payment due by adding together all the amounts described in 5C
and rounding the result up to the nearest whole dollar. If you pay more than
the minimum payment due after the end of any billing period, you must still
pay at least the minimum payment due after the end of each billing period
after that.
D.
Payment
Allocation: We choose which Account balances to pay with your minimum
payment, all in accordance with applicable laws and regulations. We generally
apply payments above the minimum payment to balances with the highest APRs
first, except that we may apply the part of your payment that exceeds the
minimum payment first to any deferred interest balances during the last two
billing periods of a deferred interest period.
6. TYPES OF CHARGES: There are two types
of charges or "Plans" under your Account: you may make a purchase on (a) the
Regular Plan or (b) a Promotional Plan. The standard provisions of this
Agreement apply to all Promotional Plan transactions unless otherwise
specified prior to or at the time of purchase under a particular Promotional
Plan offering and will continue to apply to any and all
transactions that are not subject to a Promotional Plan. The following
Promotional Plan may be offered from time to time as specified prior to or at
the time of purchase: (a) Deferred Interest Monthly Payment Plan –
If you pay the full cash sales price of the purchase by the promotional due
date, as indicated on your billing statement, and pay the Minimum Payment Due
when due each billing cycle, as indicated on your billing statement, no
interest charges will be imposed on the purchase. If such payments are not so
made, interest charges will be imposed from the purchase date. (b) Reduced
Interest Monthly Payment Plan – If you pay the full cash sales price of the
purchase by the promotional due date, as indicated on your billing statement,
and pay the Minimum Payment Due when due each billing cycle, as indicated on
your billing statement, reduced interest charges will be imposed on the
purchase. If such payments are not made, the standard APR will be charged
from the default date forward.
7. INTEREST RATES AND INTEREST CHARGES:
A.
APRs
Applied to Different Balances: The "annual percentage rate" or "APR"
is an annualized interest rate. We use the APR that applies to each balance
to calculate the interest charges that you owe us on the Account. Different
APRs may apply to different balances on your Account, such as purchases
subject to the standard APR and any qualifying purchases we may allow you to
make subject to deferred interest or a promotional APR.
B.
Variable
APRs: Your Account APR is not variable. Variable APRs increase or
decrease based on changes in the Prime Rate.
C.
Standard
APR: Currently, the standard APR of 35.99% applies to your Account.
We divide the APR by 365 to get the "Daily Periodic Rate" of 0.098603%.
D. Use of Daily Balance Method
with Compounding: When calculating
the interest charge on your account, we first calculate the "Daily Balance" for
each balance. We do this by starting with the beginning amount of that
balance for each day. We add any new purchases and Account fees for that day,
add any interest on the previous Daily Balance if there is one in that
billing period, and subtract any payments or credits. Then, we multiply this
amount by the Daily Periodic Rate. This gives us the "Daily Balance
Interest." The addition of the prior day's interest to the Daily
Balance calculation causes interest to compound daily. We add all Account
fees and minimum interest charges to the Daily Balance of purchases subject
to the standard APR. Any Daily Balance that is less than zero will be treated
as zero. Each "Balance Subject to Interest Rate" shown on your bill will be
an average of the daily balances during the billing period for that balance.
At
the end of the billing cycle, we add together the Daily Balance Interest
amounts which will equal the total interest charge.
E.
When
Interest Charges Begin; Grace Period: The "New Balance" of your
Account is the full unpaid balance of your Account that is outstanding as of
the end of each billing period covered by each bill. As long as you continue
to pay the New Balance every month by the due date listed on your bill, there
will be a grace period on your Account purchases and
we will not charge interest on those purchases. If you do not pay by the due
date the New Balance that is outstanding as of the end of a given billing
period, there will be no grace period. After the end of each billing period
in which you do not pay by the due date the New Balance that is outstanding,
all charges will accrue interest from the date they were made. To take
advantage of the grace period again, you must pay your New Balance in full,
make no new purchases, and pay on time for as much as two billing periods in
a row.
F.
Minimum
Interest Charges: If you are charged interest in any billing cycle,
it will be no less than $2.00.
8. FEES:
A.
Annual
Fee: None.
B. Returned
Payment Fee: To the greatest extent not prohibited by law, you agree
to pay a Returned Payment Fee of $30. If your payments are returned unpaid
more than once during any six-month period, you agree to pay a Returned Payment
Fee of $41. After that, your Returned Payment Fee will not return to $30
until you make Account payments required by the Agreement that are paid in
full for six consecutive months. The allowable fees referenced are permitted
under Section 12 C. F. R. § 1026.52(b)(1)(ii) (as of January 1, 2022). See
Statement for current fee.
C. Late
Payment Fee: If you fail to make a timely payment, you agree to pay a
Late Payment Fee of $30. If you fail to make a payment more than once during
any six-month period, you agree to pay a Late Payment Fee of $41. After that,
your Late Payment Fee will not return to $30 until you make Account payments
required by the Agreement that are paid in full for six consecutive months. The
allowable fees referenced are permitted under Section 12 C. F. R. §
1026.52(b)(1)(ii) (as of January 1, 2022). See Statement for current fee.
D.
Additional
Account Fees: We may charge additional fees to your Account for
certain services that you may request in connection with your Account. These
fees include, but are not limited to, the following: a $5.00 fee to issue a
replacement Card and a $15.00 expedited service fee each time you request
expedited assistance from us for reasons other than completing an Account
payment (for example, to request an Account balance or payoff letter from us
within three business days). You may contact us at 877-486-3442 at any time
with questions about these and other Account services, or to request a
schedule of other Account fees that we may require for particular
services that are not listed here.
9. CREDIT LIMIT: We will establish a
credit limit for your Account. We may
increase or decrease your Credit Line without notice. We may delay increasing
your available credit by the amount of any payment that we receive for up to
14 days. You
agree that you will not use or permit others to use your Account to obtain
credit if it would cause the outstanding balance of your Account to exceed
its credit limit. However, we may, at our option, without waiving any of our
rights, permit charges to your Account, even if those charges would cause
your outstanding Account balance to exceed its credit limit. We will not
assess a fee if we elect to honor charges that cause your Account to exceed
its credit limit.
10. DEFAULT, ENTIRE BALANCE DUE: You will be
considered to be in default if you break your promises under this
Agreement, if you pass away, if you become the subject of bankruptcy or
insolvency proceedings, supply us with false or misleading information or
fail to supply us with information as required by this agreement, exceed your
credit limit, or issue a payment returned unpaid by your bank for any reason.
You understand and agree that we may demand that you pay the entire
outstanding balance of your Account at once, subject to any legally required
notices and limitations of applicable law if you are in default.
11. COLLECTION COSTS: To the extent
permitted by law, you promise to pay all the costs we incur to collect your
Account, including reasonable and allowable attorney's fees.
12. JOINT ACCOUNTS: If this is a joint
Account, each of you is responsible as an individual and all of you are
responsible as a group for all amounts that are owed in connection with the
Account. Each of you is responsible, even if the Account is used by only one
of you. You will continue to be liable for the entire balance of the Account, even if your
co-applicant or co-borrower is ordered by a court to pay us. You will remain
liable to us if your co-applicant or co-borrower fails to pay as ordered by
the court. Your Account status will continue to be reported to the credit
bureau under each of your names. The delivery of Account notices or bills to
any of you serves as delivery of those notices and bills to all of you. We
may rely on and comply with instructions given by any of you with respect to
the Account. We are not liable to any of you for relying on or complying with
instructions given by any of you.
13. NOTICES, CHANGES OF ACCOUNT INFORMATION,
AND METHODS OF CONTACT: If we need to contact you about
your account, you authorize us (and our
affiliates, agents, and contractors) to contact you at any number (i) you have provided to us, (ii) from which you called
us, or (iii) at which we believe we can contact you. We may obtain address
corrections from the U.S. Postal Service and other address information from
third party sources, and telephone numbers and other contact information from
third party sources. You also authorize us to send
emails to an email address at which we have reason
to believe you can be reached.
You consent to us, as well as any other owner or servicer of your account,
contacting you through any channel of communication and for any purpose, as
permitted by applicable law. For informational, servicing or collection
related communications, you agree that we may use the phone numbers that you
provide to us, or numbers from which you called us, to contact your cellular
phone or wireless device with text messages, artificial or prerecorded voice
calls, and calls made by an automatic telephone dialing system. This consent
applies even if you are charged for the call
under your phone
plan. You are responsible for any charges that may be billed to you by your communications carriers when we contact you.
In addition,
you authorize your wireless carrier (AT&T, Sprint, T-Mobile, US Cellular,
Verizon, or any other branded wireless operator) to disclose to Vive
Financial, LLC and its third-party service providers your mobile number,
network status, customer type, customers role, billing type, mobile device
identifier (IMSI and IMEI) and other subscriber status and device details, if
available, solely to verify your identity and prevent fraud for the duration
of the relationship. See our Privacy Policy for how we treat your data.
14. TELEPHONE MONITORING: You
agree that we (and our affiliates, agents, and contractors) may monitor or record any calls between you and us.
15. INVALIDITY: If one or more provisions
of the Agreement are declared invalid or unenforceable by a court or
arbitrator with jurisdiction, you and we agree that the remaining conditions and
terms will not be affected.
16. NO WAIVER. We will not lose our
rights under this Agreement because we delay or do not enforce them.
17. CHANGING OUR AGREEMENT: We may change
the terms of this Agreement. If required by applicable law, we will give you
advance written notice of the change(s) and the right to reject the change(s).
18. CREDIT REPORTS: We mayreport information about your Account to credit
bureaus. Late payments, missed payments, or other defaults on your Account
may be reflected in your credit report. Tell us if you think we reported
wrong information about you to a credit bureau. Write to us at Vive
Financial, P.O. Box 708670, Sandy, UT 84070. Tell us what information is wrong and why you think it is wrong. If you have a copy
of the credit report that includes the wrong information, send us a copy.
We
may also request your credit report in connection with a credit extension,
credit limit increase, account renewal or update, collection activity, or
dispute investigations.
19. ASSIGNMENT: We have the right to
assign and transfer any amounts you owe us in connection with the Account and
any of our rights under this Agreement. We assign this Agreement if we sell
or pass to a third party any or all our rights or obligations under the Agreement,
including any amount that you owe under the Agreement. Depending on what we
may assign, any party to which we assign this Agreement will enjoy all our
rights under the Agreement, including the contractual rights to collect
amounts you owe on the Account. You cannot assign or transfer this Agreement
or any of your rights or duties to anyone else.
20. LOST OR STOLEN; LIABILITY FOR
UNAUTHORIZED USE: If you notice the loss or theft of your Card or a
possible unauthorized use of your Card, you should call us immediately at
877-486-3442 or write us at Vive Financial, P.O. Box 708670, Sandy, UT 84070.
You will not be liable for any unauthorized use that occurs after you notify
us. You may, however, be liable for unauthorized use that occurs before your
notice to us. In any case, your liability will not exceed $50.
21. RESPONSIBILITY FOR GOODS OR SERVICES:
We are not responsible for goods or services you purchase using your Account
except to the extent required by applicable law.
22. REFUNDS FOR GOODS OR SERVICES: Refunds
for goods and services are governed by Participant. Any refunds for goods or
services purchased from a Participant through an extension of credit on your
Account will be issued as a credit adjustment to your Account.
23. CANCELLATION: We
may cancel, suspend, or not renew your Account at any time without notice.
Specifically, inactivity for 12 months may result in cancellation. If
cancelled, you promise to destroy all Cards immediately. We may terminate or
modify all or any part of your Card privileges at any time. You have the
right to close your Account to future purchases at any time, if you send a written
cancellation notice to:
Vive Financial, P.O. Box 708670, Sandy,
UT 84070 or call us at
877-486-3442. Even if you close
your Account to future purchases, you must pay all outstanding amounts on the Account and your
Account will remain subject to interest and fees as provided in this
Agreement until it is paid in full.
24. INFORMATION SHARING: You authorize us
to share information about you as permitted by law. This includes information
we get from you and others. It also includes information about your
transactions with us. Please see our Privacy Notice for details about our
information sharing practices.
25. GOVERNING LAW: This Agreement and all
transactions under it will be governed by the laws of the State of Missouri
"pursuant to MSA § 408.145," which are expressly adopted to control all
Account transactions, without regard to choice-of-law
principles.
26. ARBITRATION: PLEASE READ THIS SECTION
(the "Arbitration Agreement") CAREFULLY. IT REQUIRES ALL CLAIMS BETWEEN YOU AND US TO BE RESOLVED BY BINDING
ARBITRATION WHENEVER YOU OR WE CHOOSE TO SUBMIT A CLAIM TO ARBITRATION. BY
ACCEPTING THIS ARBITRATION AGREEMENT, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM
IN COURT BEFORE A JUDGE OR JURY (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO A
SMALL CLAIMS COURT) AND TO BRING OR PARTICIPATE IN ANY CLASS OR OTHER
REPRESENTATIVE ACTION.
A. Agreement to
Arbitrate: Unless you
reject this Arbitration Agreement in accordance with this section, either you or we may elect,
without the consent of the other, to arbitrate any Claim (as defined below)
through the binding arbitration process set forth in this Arbitration
Agreement. For purposes of this Arbitration Agreement, "we,"
"our," "us" includes The
Bank of Missouri, and its employees,
officers, directors, parents, agents, controlling persons, subsidiaries,
affiliates, predecessors, acquired entities, successors, and assigns, Vive
Financial and its employees, officers, directors, parents, agents, controlling
persons, subsidiaries, affiliates, predecessors, acquired entities,
successors, and assigns, and dealers/merchants/retailers that accept
the card or program sponsors. If you do not want this Arbitration Agreement
to apply, you may reject it within thirty (30) days of the date this account
is opened. Rejection may be achieved only by delivering to Vive Financial at 256
W Data Drive, 2nd Floor, Draper, UT 84020, Attn: Arbitration
Opt-Out, a written and signed rejection notice which: (1) provides your name
and address; and (2) states that you are rejecting the Arbitration Agreement.
If you want proof that you sent such a notice, you should send the rejection
notice by "certified mail, return receipt requested." If you do, Vive
Financial will reimburse you for the postage upon your request. Nobody else
can reject arbitration for you (except an attorney at law that you have
personally retained); this is the only way you can reject arbitration. Your
rejection of arbitration will not affect your right to use your account.
B. Claims Covered by
Arbitration. "Claims" subject to this
Arbitration Agreement include all of the following: (1) claims arising out of
or related to this Agreement, including but not limited to claims between
you, or
any other user of your Account, and us; (2)
claims arising out of or related to any aspect of any relationship between
you, or
any other user of your Account, and us that are
governed by this Agreement; (3) claims arising out of or related to your
Account, the Card, or any services provided to you, or any other
user of your Account, under this Agreement; and
(4) claims related to the interpretation, scope, applicability, or
enforceability of this Agreement or Arbitration Agreement (with one
exception identified in the "Public Injunctive Relief Requests"
section). Claims are subject to arbitration whether they are
based in contract, tort, federal or state statute, constitution, regulation,
or any other legal theory, or whether they seek legal or equitable remedies.
All Claims are subject to arbitration whether they arose in the past, may
currently exist, or may arise in the future. Claims include claims or
disputes that arose before the parties entered into this Agreement (such as
claims related to advertising) or after termination of this Agreement or
after your Account is closed. Claims include initial claims, counterclaims,
cross-claims, and third party claims.
C.
Claims Not Covered by Arbitration. Claims filed by you or by us in a
small claims court are not subject to arbitration, so long as the dispute
remains in such court and advances only an individual claim for relief. The "Class and Representative Action Waiver"
and "Public Injunctive Relief Waiver" sections below set forth
additional claims not subject to arbitration. Further, this Arbitration
Agreement shall not apply to covered borrowers as defined in the Military
Lending Act, 10 U.S.C. § 987.
D.
Jury Waiver and Limitation of Rights. You and we agree that, by entering
into this Arbitration Agreement, the parties are each waiving the right to a
trial by jury or a trial before a judge in court (except for matters that may
be taken to a small claims court). You and we
acknowledge that arbitration will limit our legal rights, including the right to
participate in a class action, the
right to a jury trial, the right to conduct full discovery, and the right to
appeal.
E.
Class and Representative Action Waiver. YOU AND WE AGREE THAT EACH
PARTY TO THIS ARBITRATION AGREEMENT MAY BRING CLAIMS AGAINST THE OTHER ONLY
IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall have
no authority to conduct any class, private attorney general or other
representative proceeding. This paragraph does not apply to requests for
public injunctive relief, which are addressed in the paragraph entitled
"Public Injunctive Relief Requests."
F. Public
Injunctive Relief Requests. If you or we seek public injunctive
relief as a remedy for any Claim (a "Public Injunctive Relief Request") you
and we agree that Public Injunctive Relief Request cannot be arbitrated.
Instead, that Public Injunctive Relief Request shall be adjudicated by a
court after all other Claims to be decided in arbitration under this
Arbitration Agreement are resolved in arbitration, including all causes of
action pursuant to which a Public Injunctive Relief Request is made. You and
we agree to jointly request that the court stay the Public Injunctive Relief
Request until after the remaining Claims have been finally resolved in
arbitration, and that the parties will only seek to lift the stay and request
that the court resolve the Public Injunctive Relief Request if an arbitrator
finds that one of them is liable for a Claim for which public injunctive
relief is an available remedy. The validity, enforceability, and effect of
this section shall be determined exclusively by a court, and not by any
arbitration administrator or arbitrator.
G.
Severability. Notwithstanding any section in the Arbitration Agreement
to the contrary, if any section of this Arbitration Agreement (except for the
"Class Action and Representative Action Waiver") is deemed invalid or
unenforceable for any reason, it shall not invalidate the remaining portions
of this Arbitration Agreement. However, if the "Class Action and
Representative Action Waiver" section is deemed invalid or unenforceable
in whole or in part, then this entire Arbitration Agreement shall be deemed
invalid and unenforceable.
27. NOTICE FOR ACTIVE DUTY MILITARY MEMBERS AND
THEIR DEPENDENTS: The
following disclosures apply to you if at the time your account is opened, you
are a "covered borrower" as defined in the Military Lending Act, which
includes eligible active duty members of the Armed Forces and their
dependents:
1.
The provision in the Cardholder Agreement called "Arbitration" will not apply
to your Account.
2.
Federal law provides important protections to members of the Armed Forces and
their dependents relating to extensions of consumer credit. In general, the
cost of consumer credit to a member of the Armed Forces and his or her
dependent may not exceed an Annual Percentage Rate of 36 percent. This rate
must include, as applicable to the credit transaction or account: the costs
associated with credit insurance premiums; fees for ancillary products sold
in connection with the credit transaction; any application fee charged (other
than certain application fees for specified credit transactions or accounts);
and any participation fee charged (other than certain participation fees for
a credit card account).
3. You
can call 800-548-5545, select option 1, to hear the information in item 2
(above) and a description of the payment obligation for your Account.
YOUR BILLING RIGHTS: KEEP THIS
DOCUMENT FOR FUTURE USE
This
notice tells you about your rights and our responsibilities under the Fair
Credit Billing Act.
What to Do If You Find a
Mistake on Your Statement:
If
you think there is an error on your statement, write to us at: Vive
Financial, P.O. Box 708970, Sandy, UT 84070.
In
your letter, give us the following information:
•
Account information: Your name and account number.
•
Dollar amount: The dollar amount of the suspected error.
•
Description of problem: If you think there is an error on your bill, describe
what you believe is wrong and why you believe it is a mistake.
You
must contact us:
•
Within 60 days after the error appeared on your statement.
•
At least three business days before an automated payment is scheduled, if you
want to stop payment on the amount you think is wrong.
You
must notify us of any potential errors in writing. You may call us,
but if you do we are not required to investigate any
potential errors and you may have to pay the amount in question.
What Will Happen After We
Receive Your Letter
When we receive your letter, we must
do two things:
1.
Within 30 days of receiving your letter, we must tell you that we received
your letter. We will also tell you if we have already corrected the error.
2.
Within 90 days of receiving your letter, we must either correct the error or
explain to you why we believe the bill is correct.
While we investigate whether there has
been an error:
•
We cannot try to collect the amount in question, or
report you as delinquent on that amount.
•
The charge in question may remain on your statement, and we may continue to
charge you interest on that amount.
•
While you do not have to pay the amount in question, you are responsible for
the remainder of your balance.
•
We can apply any unpaid amount against your credit limit.
After we finish our investigation, one
of two things will happen:
1.
If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that
amount.
2.
If we do not believe there was a mistake: You must pay the amount in
question, along with applicable interest and fees. We will send you a
statement of the amount you owe and the date payment
is due. We may then report you as delinquent if you do not pay the amount we think you owe.
If
you receive our explanation but still believe your bill is wrong, you must
write to us within 10 days telling us that you still refuse to pay. If you do
so, we cannot report you as delinquent without also reporting that you are
questioning your bill. We must tell you the name of anyone to whom we
reported you as delinquent, and we must let those organizations know when the
matter has been settled between us. If we do not follow all the rules above,
you do not have to pay the first $50 of the amount you question even if your
bill is correct.
Your Rights If You Are
Dissatisfied with Your Credit Card Purchases
If
you are dissatisfied with the goods or services that you have purchased with
your credit card and you have tried in good faith to correct the problem with
the merchant, you may have the right not to pay the remaining amount due on
the purchase. To use this right, all the following must be true:
1.
The purchase must have been made in your home state or within 100 miles of
your current mailing address, and the purchase price must have been more than
$50. (Note: Neither of these are necessary if your purchase was based on an
advertisement we mailed to you, or if we own the company that sold you the
goods or services.)
2.
You must have used your credit card for the purchase.
3.
You must not yet have fully paid for the purchase. If all the criteria above
are met and you are still dissatisfied with the purchase, contact us in
writing at: Vive Financial, P.O. Box 708970, Sandy, UT 84070. While we
investigate, the same rules apply to the disputed amount as discussed above.
After we finish our investigation, we will tell you
our decision. At that point, if we think you owe an amount and you do not
pay, we may report you as delinquent.
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