How We Will Calculate Your Balance: We use a method called “average daily balance (including new purchases).”
Payments are allocated to posted balances. If your account has balances with different APRs, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first. Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APRs.
More Information about Penalty Fees and Penalty APR
Penalty Fees: If your Total Minimum Payment Due is not received by your Payment Due Date, a Late Payment Fee of $35 will be assessed, as well as a subsequent late fee of $35 for each billing cycle. If your balance is $35 or less on the Payment Due Date, we will not assess a Late Payment Fee.
Penalty APR: Your Penalty APR will not exceed 29.99% on new transactions. There is no Penalty APR on existing balances.
Military Lending Act Disclosure: The following disclosure applies to persons covered by the Military Lending Act - other governmental programs and laws may also govern or apply to this transaction but are not described in the following disclosure. The following disclosure is required by the Military Lending Act.
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 credit application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account).
Please refer to the Total Minimum Payment Due section of the Credit Card Agreement accompanying this disclosure to see how your monthly minimum payment is calculated.
Please call our toll-free number at (844) 333-3108 with any questions or concerns.
Your Contract with Us
This document, and any future changes to it, is your contract with us. We will refer to this document as your "Agreement" or "Credit Card Agreement"; these terms also include any changes we may make to this document from time to time.
We reserve the right to amend this Agreement at any time, by adding, deleting, or changing provisions of this Agreement. All amendments will comply with the applicable notice requirements of federal and New Jersey law that are in effect at that time.
If an amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection. We may replace your card with another card at any time.
The reasons we may amend this Agreement include the following:
"We", "us", "our" means Cross River Bank.
"You" and "your" mean each and all of the persons who are granted, accept or use the account and any person who has guaranteed payment of the account.
Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later.
TYPES OF TRANSACTIONS
You may obtain credit in the form of Purchases by using cards, access checks, an account number, or other credit devices. Cards are all the credit cards we issue to you and to any other person with authorization for use on this account pursuant to this Agreement. Sign your card before using it. A Personal Identification Number (PIN) is associated with your credit card as of the opening of your account. You can obtain your PIN by going to our online banking site or our mobile application, or contacting us.
Purchase means the use of your card or account number (including through the use of an enabled mobile device) to:
Purchases include Account Fees, as well as Transaction Fees and adjustments associated with any Purchase.
YOUR CREDIT CARD ACCOUNT AND YOUR MOBILE PHONE OR OTHER MOBILE DEVICES
Smart phones, some tablets or other mobile devices (a "mobile device") can download, store, and/or access account information, for instance through a mobile wallet, that may enable you to use the mobile device to purchase goods or services.
In certain instances, those transactions will replicate using your card to make a transaction on the internet with your computer. In other instances, the phone or mobile device will act as if it were a credit card itself. Applications that enable your mobile device will have unique terms governing those applications. Read them carefully. Transactions made through those applications are governed by this Agreement.
When your credit card account information is accessible by your mobile device, it is important that you treat your mobile device with the same care you would your credit card. For example, you should secure your mobile device against unauthorized access. Keep in mind, if you give someone your phone, or other mobile device, that can be the same as giving that person your credit card.
Foreign Transactions are prohibited. A "Foreign Transaction" is any transaction (1) made in a foreign currency, or (2) made in U.S. dollars if the transaction is made or processed outside of the United States. Foreign Transactions include, for example, online transactions made in the U.S. but with a merchant who processes the transaction in a foreign country.
INTEREST AND FEES
INTEREST RATES - ANNUAL PERCENTAGE RATES (APRs)
This section provides the interest rates, also referred to as corresponding Annual Percentage Rates (APRs), which are applicable to your account. The APR corresponds to the Daily Periodic Rate (DPRs): the APR is equal to the DPR multiplied by 365, and the DPR is equal to the APR divided by 365. Interest charges are calculated by using the DPR.
CALCULATION AND BILLING OF INTEREST CHARGES
We calculate interest by multiplying each Balance Subject to Interest Rate by its applicable DPR and that result is multiplied by the number of days in the billing cycle. Interest is calculated and posted to the applicable Purchase on the last day of the billing cycle after all other transactions have posted and payments have been allocated.
A billing cycle is a time period that ends on a Statement Closing Date (or Closing Date) determined by us and begins on the day after the Closing Date of the previous billing cycle. Each monthly statement reflects a single billing cycle.
When applicable, interest accrues daily and compounds daily on new transactions, and balances remaining from previous billing cycles. Interest will continue to accrue even though you have paid the full amount of any related balances because we include any accrued but unpaid interest in the calculation of each Balance Subject to Interest Rate.
We will not charge you any interest on Purchases if you always pay your entire New Balance Total by the Payment Due Date. Specifically, you will not pay interest for an entire billing cycle on Purchases if you Paid in Full the two previous New Balance Totals on your account by their respective Payment Due Dates; otherwise, each Purchase begins to accrue interest on its transaction date or the first day of the billing cycle, whichever date is later.
New Balance Total means the total billed amount as of the Closing Date of a billing cycle, as shown on your monthly statement.
Pay in Full or Paid in Full means payments and credits (excluding credits made in accordance with first-year fee limits or the Military Lending Act) in a billing cycle totaling at least your previous billing cycle's New Balance Total.
Your Payment Due Date will be at least 21 days from your statement Closing Date and will fall on the same calendar day each month.
BALANCES SUBJECT TO INTEREST RATE
Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to an Interest Rate for Purchases and for each Introductory or Promotional Offer balance consisting of Purchases by: (1) calculating a daily balance for each day in the current billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the current billing cycle.
To calculate the daily balance for each day in the current billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable DPR multiplied by the previous day's daily balance; (3) add new Purchases, new Account Fees, and new Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero.
To calculate the daily balance for each day in the current billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable DPR multiplied by the previous day's daily balance; (3) add Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero.
We will assess the following Transaction Fees to your account in the same balance category to which the transaction is posted, [see the Pricing Information table for fee amounts].
NSF Bank to Card Transfer
PAYMENTS AND DEFAULT
YOUR PROMISE TO PAY
You promise to pay us the amounts of all credit you obtain, which includes all Purchases. You also promise to pay us all the amounts of interest charges, fees, and any other transactions charged to your account. [If a bank branch or office sponsors your account, you promise to pay it any unpaid account balance it pays us within 30 days.]
PAYMENTS ON YOUR ACCOUNT
You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. Payments must conform to the requirements set out on that monthly statement; these requirements may vary without prior notice. You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not affect your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. We reserve the right to reject any payment if your account has a credit balance as of the day we receive that payment. Generally, credits to your account, such as those generated by merchants or by person-to-person money transfers, are not treated as payments and will not reduce your Total Minimum Payment Due.
We process most payment checks electronically. We use the information on your check to create an electronic funds transfer. Each time you send a check, you authorize a one-time electronic funds transfer. You also authorize us to process your check as a check or paper draft, as necessary. Funds may be withdrawn from your account as soon as the same day we receive your payment. You will not receive your cancelled check because we are required to destroy it. We will retain an electronic copy.
TOTAL MINIMUM PAYMENT DUE
You may pay your total outstanding balance at any time. Each billing cycle, you must pay at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. The Minimum Payment Due is either 3% of your monthly statement or $35, whichever is greater. The Total Minimum Payment Due is the sum of all past due amounts plus the Current Payment.
The Current Payment for each billing cycle includes three amounts: (1) 3.00% of your balance (your New Balance Total except for any new interest charges and any new Late Fee), and (2) new interest charges, and (3) any new Finance Charges, Transaction Fees, Late Payment Fees, Overdue Amount, Over Limit Amount, Over Limit Fees. Your Current Payment will not be less than $35.00.
The Total Minimum Payment Due will not be greater than your New Balance Total. If a payment is credited to your account but is returned unpaid in a later billing cycle, we will recalculate the Total Minimum Payment Due for the billing cycle in which the payment was originally credited.
The first Closing Date grace period is 21 days. The delinquency grace period is 7 days. Closing Date change requests will be honored no more frequently than once every 3 months.
WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT
We credit mailed payments as of the date received, if the payment is: (1) received by 5 p.m. local time at the address shown on the remittance portion of your monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying it. However, mailed payments need not be sent in a return envelope if we sent you a statement without a return envelope. Payments received after 5 p.m. local time at the remittance address on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to five days.
HOW WE ALLOCATE YOUR PAYMENTS
Payments are allocated to posted balances. If your account has balances with different APRs, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first. Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APRs. If a payment is returned, we reserve the right to debit the returned payment amount to the balance subject to the current non-promotional rate for Purchases on the account.
PROMISE TO PAY APPLIES TO ALL PERSONS
All persons who initially or subsequently request, are granted, accept, guarantee or use the account are individually and together responsible for any total outstanding balance. If you are responsible to pay any total outstanding balance, we may refuse to release you from liability until all of the cards, access checks, and other credit devices outstanding under the account have been returned to us and you repay us the total outstanding balance owed to us under the terms of this Agreement.
You will be in default of this Agreement if: (1) you fail to make any required Total Minimum Payment Due by its Payment Due Date; (2) your total outstanding balance exceeds your Total Credit Line; or (3) you fail to abide by any other term of this Agreement.
WHEN WE MAY REQUIRE IMMEDIATE REPAYMENT
If you are in default, then in addition to our other remedies under this Agreement, we can require immediate payment of your total outstanding balance and, unless prohibited by applicable law, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees if we refer your account for collection to an attorney who is not our salaried employee.
OTHER PAYMENT TERMS
We can accept late payments, partial payments, or payments with any restrictive writing without losing any of our rights under this Agreement. This means that no payment, including those marked with paid in full or with any other restrictive words, shall operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that presented it, without in either case waiting for the date shown on the check. We are not liable to you for any loss or expense arising out of the action we elect to take.
MODIFICATIONS TO REQUIRED MINIMUM MONTHLY PAYMENTS
We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notify you when these options are available. This will only occur on an isolated basis, such as when the bank is working with borrowers affected by a federally declared disaster. If in response to this notification, you omit a payment or make a reduced payment, interest charges, applicable fees, and other regular transactions, if any, will accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your interest charges. You must make the reduced payment on time to avoid a Late Fee. You must resume making your regular Total Minimum Payment Due each month following any modifications made to your required minimum monthly payment.
YOUR CREDIT LINES
Your Total Credit Line and Cash Credit Line are disclosed to you when you receive your card and, generally, on each monthly statement. The Total Credit Line is the amount of credit available for the account.
We may change your credit lines from time to time. We base that decision on a variety of factors such as your payment and transaction history with us, and information we receive from third parties, including credit reporting agencies. The amounts shown on your monthly statement as available credit do not take into account Purchases, interest charges, fees, any other transactions, or credits which post to your account after the Closing Date of that monthly statement.
WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED YOUR CREDIT LINES
The total outstanding balance on your account plus authorizations at any time must not be more than your Total Credit Line.
Each time you attempt a transaction which results in your applicable outstanding balance (plus authorizations) exceeding a credit line, we may: (1) permit the transaction without raising your credit line; (2) permit the transaction and treat the amount of the transaction that is more than the credit line as immediately due; or (3) refuse to permit the transaction.
If we refuse to permit the transaction, we may advise the person who attempted the transaction that it has been refused.
WE MAY SUSPEND OR CLOSE YOUR ACCOUNT
We may suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and for any reason. We may elect to not honor any access check which is written after the expiration date printed on that check. You may close your account at any time by notifying us in writing or by telephone. Your obligations under this Agreement continue even after the account is closed. You must destroy all cards, access checks or other credit devices on the account when the account is closed.
We will close your account if it is delinquent, and the card has been inactive for 45 days. We will apply an APR penalty on your account if it is delinquent for 60 days. We will mark your account for collections after 120 days of delinquency. We will close your account, and the card, after 180 days of delinquency.
When your account is closed, you must contact anyone authorized to charge transactions to your account, such as internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the billing. Also, if we believe you have authorized a transaction or are attempting to use your account after you have requested to close the account, we may allow the transaction to be charged to your account.
REFUSAL TO HONOR YOUR ACCOUNT
We may deny any transactions for any reason at our discretion. We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check written on your account. We are not liable for any retention of your card by us, any other financial institution, or any provider of goods or services.
The following transactions will not be honored:
Currency Codes other than USD
More than 1 card per SSN
International Cardholder Addresses
RECURRING PREAUTHORIZED TRANSACTIONS
Recurring preauthorized transactions occur when you authorize a merchant to automatically initiate a transaction using your account on a recurring basis. If we issue a new credit card with a different number or expiration date to you, we may (but are not obligated to) provide your new card number and expiration date to a merchant with whom you have set up a recurring preauthorized transaction in order to continue your recurring preauthorized transactions. There will be circumstances where you will have to contact the merchant.
PURPOSES FOR USING YOUR ACCOUNT
You may not use this account to make a payment on this or any other credit account with us or our affiliates. You may not use or permit your account to be used to make any illegal transaction. You will only use your account for transactions that are legal where you conduct them. For example, Internet gambling transactions may be illegal in your state. Display of a payment card logo by an online merchant does not mean that an Internet transaction is legal where you conduct it. We may charge your account for such transactions. We will not be liable if you engage in an illegal transaction. We may deny authorization of any transactions identified as Internet gambling. You may not use your account to conduct transactions in any country or territory, or with any individual or entity that is subject to economic sanctions administered and enforced by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). Use of your account in those countries will be blocked.
PERSONS USING YOUR ACCOUNT
If you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain credit on your account, you will be liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes a credit line to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. We may send account materials (cards, statements and notices) to any liable party, and that person will be responsible for delivering those materials to the other liable parties and authorized users. Notice to any of you will be considered notice to all of you. You may allow authorized users on your account in the following ways: (1) by notifying us that you want someone added to your account as an authorized user; (2) by lending or otherwise intentionally making your card, account number, or credit device accessible to another; or (3) by any other ways in which you would be legally considered to have allowed another to use your account or to be legally prevented from denying that you did so. You must think carefully before you allow anyone to become an authorized user. By doing so, you authorize the person to use your account to the same extent you can, including any Purchases and allowing others to use your account. Your account does not permit you to limit the nature or amount of authority you give to any authorized user and you will not attempt to do so. An authorized user's authority will continue until you both notify us that you are terminating the authority and you physically retrieve the card or other credit device.
TELEPHONE CALLS: CALLING, MONITORING AND RECORDING
You consent to and authorize Cross River Bank, any of its affiliates, or its marketing associates to monitor and/or record any of your telephone conversations and other electronic communications with our representatives or the representatives of any of those companies for reasonable business purposes including security and quality assurance. We will not remind you that we may be monitoring or recording a call at the outset of the call unless required by law to do so.
Where you have provided a cell phone number directly to us, you consent and agree to accept servicing calls and text messages to your cell phone from us. For example, we may place calls to you about fraud alerts or amounts you owe us (collection calls) on your account. For any telephone or cell phone calls/communications we place to you, you consent and agree that those calls may be automatically dialed including prerecorded messages or texts.
CREDIT REPORTING AGENCIES; COLLECTING AND SHARING INFORMATION
You authorize us to collect information about you in order to conduct our business and deliver the top quality service you expect, including information we receive about you, information we receive from third parties such as credit reporting agencies and information about your transactions with us and other companies. You authorize us to share such information about you or your account with our affiliates and others. You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Notice.
If you believe we have furnished inaccurate or incomplete information about you or your account to a credit reporting agency, write to us at: Cross River Bank, [400 Kelby St., 14th Floor,
Fort Lee, NJ 07024]. Please include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete.
We may offer you certain benefits and services with your account. Any benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in official documents provided to you from time to time by or on behalf of Cross River Bank. We may adjust, add, or delete benefits and services at any time and without notice to you.
WE MAY SELL YOUR ACCOUNT
We may at any time, and without notice to you, sell, assign or transfer your account, any amounts due on your account, this Agreement, or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shall be entitled to all of our rights and shall assume our obligations under this Agreement, to the extent sold, assigned or transferred.
YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS
You must notify us promptly when you change your address. We may also change your address if so notified by the post office or others.
WHAT LAW APPLIES
This Agreement is made in New Jersey and we extend credit to you from New Jersey. This Agreement is governed by the laws of the State of New Jersey (without regard to its conflict of laws principles) and by any applicable federal laws.
PROVISIONS OF THIS AGREEMENT ARE SEVERABLE
If any provision of this Agreement is found to be invalid, the remaining provisions will continue to be effective.
We use section headings (e.g., Types of Transactions) to organize this Agreement. The headings are for reference purposes only.
UNAUTHORIZED USE OF YOUR ACCOUNT
Please notify us immediately of the loss, theft, or possible unauthorized use of your account at (844) 333-3108.
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, call customer service at (844) 333-3108 or write to us at:
100 Redwood Shores Parkway, Suite 100
Redwood City, CA 94065
In your letter, give us the following information:
You must contact us:
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.
Note: It is very helpful if your letter includes the transaction date and the reference number for the charge, if available.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
While we investigate whether or not there has been an error:
After we finish our investigation, one of two things will happen:
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 of 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 of the following must be true:
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in at (844) 333-3108
Higher Rewards Program Information.
How You Earn Cash Rewards:
You will earn cash rewards when you use your card to make purchases, minus returns, credits and adjustments (“Net Purchases”). The following transactions are not considered purchases and will not earn cash rewards: fees, interest charges, fraudulent transactions and certain other charges.
2% on Net Purchases: Earn a total of 2% cash rewards (equal to $0.02 for every $1) on all Net Purchases.
Rewards Redemption: Once cash rewards are earned, you will be given an option to redeem accrued cash rewards periodically. If you elect a registered 501(c)(3) Higher Rewards Program partner, any cash rewards not redeemed will be donated to the nonprofit organization of your choosing. If you do not elect a registered 501(c)(3) Higher Rewards Program partner, all cash rewards will be donated to the organization of your choosing with no option to redeem your cash rewards.
Cash rewards shall be issued for a U.S. dollar sum and may be requested on demand. Certain cash rewards are eligible for automatic redemption. Redemptions for an electronic deposit into a Cross River Bank checking or savings account, or credit to a qualifying account, or for a statement credit do not have a minimum redemption amount. One-time redemptions for a contribution to a qualifying account, redemptions for a check or automatic redemptions for an electronic deposit into a Cross River Bank checking or savings account, or credit into a qualifying account have a $25 minimum redemption amount.
Rewards Expiration: If the card account is delinquent for 30 days, the card account owner forfeits cash rewards.
Rewards Forfeiture: If the owner(s) of the card account voluntarily closes the card account, or if for any reason we close the card account, any unredeemed cash rewards associated with the account are subject to immediate forfeiture, unless specifically authorized by us.
Rewards Program Rules: Program Rules containing additional details will be sent to you with your new account materials. Other significant terms apply. Program subject to change.
Additional Rewards Information. If you elect a registered 501(c)(3) Higher Rewards Program partner, you have the option of either redeeming accrued cash rewards or having accrued cash rewards donated to the nonprofit organization you selected. If you do not redeem any cash rewards, the nonprofit organization you selected will receive 2% of all purchases (less credits, returns and adjustments) made with this card.
If you elect an organization that is not a registered 501(c)(3) Higher Rewards Program partner, all accrued cash rewards will be donated to the organization you selected and you do not have the option to redeem accrued cash rewards. Organizations that are not a registered 501(c)(3) Higher Rewards Program partner will receive 2% of all purchases (less credits, returns and adjustments) made with this card.
Cash rewards donations earned with your Higher Rewards credit card may be tax deductible. You can view your total donations on your monthly and year end statement or on our website after you log in. Tax receipts are available by sending a request to email@example.com.
We recommend consulting your personal tax advisor to see how your tax-deductible donations impact your individual tax situation.
Mobile Banking. Mobile Banking requires that you download the Mobile Banking app and is only available for select mobile devices. Message and data rates may apply.
Alerts. You may elect to receive alerts via text or email. There is no charge for this service but your mobile carrier's message and data rates may apply. Delivery of alerts may be affected or delayed by your mobile carrier's coverage.
$0 Liability Guarantee. The $0 Liability Guarantee covers fraudulent transactions made by others using your account. To be covered, don’t share personal or account information with anyone. Claims may only be filed by the account holder against posted and settled transactions subject to dollar limits and verification, including providing requested information supporting fraudulent use claim.
Card Benefits. Certain restrictions apply to each benefit. Details accompany new account materials.
ARBITRATION FOR DISPUTES – NO JURY TRIALS OR CLASS ACTIONS
This section describes how all Claims (defined in A. below) will be arbitrated instead of litigated in court.
A. “Claim” means all claims, disputes, and controversies between you and as arising from or relating to (1) this Agreement (including, but not limited to, the validity, scope, and enforceability of this arbitration provision), your account, or any balance in your account and (2) any prior agreement you may have had with us relating to your account or any balance in your account. “Claim” has the broadest possible meaning. For example, and without limitation, “Claim” includes all claims, based on contract, tort, fraud, and other intentional torts, that arise under statute or common law from or are related to: (I) advertisements or promotions about your account or accounts generally, goods or services financed under your account, and the terms of financing, (II) the application for your account, (III) the terms of or the disclosures in this Agreement, and (IV) the monthly statements for your account. This arbitration provision will apply to all other Claims, even if facts and circumstances giving rise to the Claim existed before we delivered this Agreement to you.
B. We or you have the right to require that each Claim be resolved by arbitration. A Claim will be arbitrated if (a) both we and you or (b) only one or the other of we or you, exercise the right to require that a Claim be arbitrated. If, for example, we exercise our right to require that a Claim be resolved by arbitration but you do not exercise your right to require that the Claim be arbitrated, the Claim will be resolved by arbitration. If neither we nor you request arbitration, the Claim will not be resolved by arbitration and instead will be litigated in court. All arbitration will be pursuant to this arbitration provision and the American Arbitration Association (“AAA”) Commercial Arbitration Rules (the “Rules”) in effect when the Claim is made. We will substitute another nationally recognized arbitration organization using procedures similar to the Rules if AAA does not serve or if you ask that we do so. For the AAA Rules currently in effect, call AAA at 800-925-0155 or visit its website (http://www.adr.org).
C. If we or you request arbitration of a Claim, we and you will not have the right to litigate the Claim in court. This means (1) there will be no jury trial on the Claim, (2) no pre-arbitration discovery will be permitted except as the Rules permit, and (3) no Claim may be arbitrated on a class-action basis, and neither we nor you will have the right to participate as a representative or member of any class of claimants pertaining to any Claim subject to arbitration. Generally, the arbitrator’s decision will be final and binding. There are other rights that you would have if you went to court that also may not be available in arbitration. Neither you nor we waive the right to arbitrate by filing suit, as long as no final judgment has been rendered.
D. Claims by or against you may not be joined or consolidated in the arbitration with Claims by or against another person, or arbitrated on a class-action basis. Arbitration hearings for Claims by or against you will take place in the federal judicial district in which you reside. If you make a request to us in writing, we will temporarily advance to you the filing, administrative, and hearing fees for the arbitration of your Claim against us (but not if the Claim is against you) in excess of any filing fee you would have been required to pay to file the Claim in a state or federal court (whichever is less) in the judicial district in which you reside. At the end of the arbitration, the arbitrator will decide if you have to repay the advance (and if you do have to repay, you agree to do so). The arbitrator may make other rulings regarding your and our payment of filing, administrative, and hearing fees as are required by law or as necessary to assure that this arbitration provision is enforceable. Unless unlawful, we will pay our, and you will pay your, lawyers’, experts’ and witness fees in all situations related to arbitration.
E. This arbitration provision is governed by the Federal Arbitration Act (“FAA”). The arbitrator will apply substantive law consistent with the FAA, will apply statutes of limitations and will honor all valid privilege claims. If the Rules and this arbitration provision conflict, this arbitration provision will govern. Judgment on the arbitrator’s award may be entered in any court with jurisdiction. The arbitrator’s decision will be final and binding, except (1) for any appeal right under FAA or (2) if the arbitrator’s award is more than $100,000, you or we may appeal it to a three-arbitrator AAA (or other arbitration organization if one is substituted for AAA under subparagraph B) panel, which will decide the appeal by majority vote. The appealing party will pay the appeal costs.
F. If the class-action preclusion provisions contained in subparagraph C are deemed by an arbitrator or by a court to be unenforceable, then the remainder of this arbitration provision shall be null and void. If any other parts of this arbitration provision are deemed by an arbitrator or by a court to be unenforceable, then the remainder of this arbitration provision shall be enforceable.
G. You may choose to opt out of and not be subject to this arbitration provision but only by following the process set forth below. If you do not wish to be subject to this arbitration provision, then you must notify us in writing within forty-five (45) calendar days of the date of this Agreement at the following address: GreenSky Credit Services 1797 Northeast Expressway, Suite 100 Atlanta, GA 30329 ATTENTION: OPT OUT. Your written notice must include your name, address, social security number, and account number, and a statement that you wish to opt out of this arbitration provision. Your notice to opt out will only apply to this particular Agreement with us and not to subsequent or previous agreements.