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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 Home Depot (“Participant”)
which has 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 1-844-214-3074.
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)
5.0% 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 5.0% 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. 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, if any payment is dishonored or returned, you
agree to pay a Returned Payment Fee in the amount disclosed in the
accompanying Pricing Disclosure.
C.
Late Payment Fee: If you fail to make a
timely payment, you agree to pay a Late Payment Fee in the amount disclosed
in the accompanying Pricing Disclosure.
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 844-214-3074 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 may report 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 844-214-3074 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 844-214-3074. 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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