This Consumer Cardholder Agreement and Disclosure, the related tabular disclosures, and the following documents govern the possession and use of a Visa Secured Credit Card (Stimulus), Visa Platinum Credit Card (Splendor), Visa Platinum Rewards Credit Card (Radiance Rewards), or Visa Signature Credit Card (Luminous), as the case may be (in any case, a “Card”), issued by Tri Counties Bank (“Bank”):
• The card carrier or mailer (“Card Carrier”) we send with the Card; and
• The application or solicitation (“Application”) signed or otherwise submitted to request the Account.
The Card Carrier, Application, this Consumer Cardholder Agreement and Disclosure, and the tabular disclosures are collectively referred to as this “Agreement.” This Agreement also includes any changes we may make to this Agreement from time to time. The account that underlies the Card or Cards is referred to as the “Account.” “Card” includes virtual and physical Cards and the Account number that can be used to access the Account.
MILITARY LENDING ACT NOTICE AND CREDIT DISCLOSURE
For purposes of this section only, a “Covered Borrower” is defined as a consumer who is a regular or reserve member of the U.S. Armed Forces (Army, Navy, Marine Corps, Air Force, or Coast Guard) on active duty under a call or order that does not specify a duty period of 30 days or fewer; or on Active Guard and Reserve duty (generally for a period of 180 consecutive days or more) (“Active Duty”) or a dependent of such servicemember.
If any borrower is a Covered Borrower, the following two paragraphs apply to each such borrower:
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).
Your payment obligation for this loan is as follows: Your payment schedule will be monthly payments equal to the greater of either: (i) 2% of the outstanding balance of your Account plus all accrued interest; or (ii) $25.00; plus any past due amounts and all fees and charges.
1. KEY TERMS, PARTIES AND ADDRESSES
In this Agreement, except as otherwise provided below, “you” and “your” refer to the individual(s) who apply/applies to us, uses the Card or Account, or otherwise agrees to be responsible for the Account.
“Authorized User” means any other person to whom we have issued a Card at your request. “Cardholder” means you and any Authorized User, as the case may be.
“We,” “us,” “our,” “Bank,” and “Tri Counties Bank” means Tri Counties Bank, Customer Service, P.O. Box 3610, Chico, CA 95927, and/or any agent or service provider acting on our behalf, or any person or entity to which we sell or give the Account.
For purposes of this Agreement, our business days are Monday through Friday. Saturdays, Sundays, and federal holidays are not included.
A summary of definitions is listed at the end of this Agreement. These terms will have the same meanings when used in periodic billing statements (“Statement”).
2. CONTACT INFORMATION; CHANGE OF NAME OR ADDRESS
For purposes of this Agreement, you agree that you may be contacted at the address, phone or email address shown on the Application or that you designate for the receipt of Statements from time to time following the procedures we establish. You agree to notify us promptly if you change your name, mailing address, phone number or email address. Until we are notified we will continue to send Statements and other notices to the last address shown on our records and they will be deemed effectively delivered for all purposes. If your mailing address appears to no longer be valid (e.g., mail is returned undelivered), we may, but are not obligated to, suspend mailing your Statements, notices, and other communications until a valid address is received from you.
This Agreement becomes effective on the earlier of (1) 15 days after the Bank sends the Card, or (2) the first use of the Card or Account. In addition, any use of the credit associated with the Account constitutes acceptance of the terms of this Agreement. If you do not wish to be bound by this Agreement, you must not use (or authorize anyone else to use) the Card or Account and must cancel the Account and return all Cards to us within 15 days after receiving the Card.
You represent and warrant that all information that you have provided and will provide at any time in the future is and will be accurate, and you will certify the accuracy of such information on request.
4. THE CARD
Signature Panel. When or if the back of the Card contains a signature panel, the named Cardholder must sign it before the Card may be used.
Card is Bank’s Property. The Card is the property of Bank and must be returned to Bank if Bank so requests. Also Bank can, at any time and without cause and without notice, revoke the right to use the Card. If a merchant or a financial institution asks for the surrender of the Card, it must be surrendered immediately.
Expiration. Unless terminated sooner, the Card and Account will not be valid after the expiration date printed on the Card or associated with the Card and it must not be used after that date.
Renewal and Replacement Cards. Bank may at its option issue renewal or replacement Cards, without an additional request from you, until Bank revokes the right to use the Card or until the Account is closed.
5. AVAILABLE TRANSACTIONS
Subject to the terms of this Agreement, you may access credit in the form of Purchases, Balance Transfers and Cash Advances, by using the Cards, as follows:
Purchases: To purchase, rent or lease goods or services from a merchant that honors Visa cards by presenting the Card or the card number to the merchant and, if requested, by providing the proper identifying information and signing or otherwise authenticating the appropriate drafts. Transactions involving the acquisition of items that can be immediately converted to cash (for example, wire transfers, money orders or foreign currency) will be treated as Cash Advances instead of Purchases;
Cash Advances: Upon approval from Bank, and subject to the corresponding Cash and Credit Limits, Cardholders may obtain Credit in the form of a cash loan from the Account (“Cash Advance”). This can be done: (1) in person at Bank or any participating financial institution; or (2) at any ATM in Bank’s ATM network or any of the other participating ATM networks (the names of which are shown on the back of the Card). Cash Advances conducted via ATM may not exceed daily limit per day for each Card or such other limit we may establish, and may be subject to additional limitations. We reserve the right to limit Cash Advance access in our sole discretion.
Use of your Credit Card to withdraw cash from ATM’s located outside of the Unites States creates a Cash Advance from and charge to your Account even if you select withdrawal from checking or savings account or any other type of account;
Overdraft Advances: If your Account has been linked to a designated checking account using procedures we establish, the Account may be used as a form of overdraft protection. Overdraft Advances are treated as Cash Advances;
Electronic Online Cash Advances: To obtain electronic online Cash Advances, if authorized by us;
Convenience Checks: Bank may provide you with Convenience Checks from time to time. Convenience Checks will be treated as Cash Advances unless otherwise noted at the time provided to you. Any promotional rates we may offer in connection with the use of Convenience Checks shall be governed by Section 22 of this Agreement. Only the person we designate may use Convenience Checks. You may not use them to pay any amount you owe us or our affiliates. We may reject and not pay any Convenience Check if:
(1) your Account is past due, charged off, bankrupt, lost/ stolen or closed;
(2) we suspect fraud;
(3) your Account is over the credit limit;
(4) the check has expired, is damaged or cannot otherwise be processed; or
(5) for any other reason provided under Section 6 of this Agreement.
Our liability, if any, should we not pay a Convenience Check will never be more than (1) your actual damages or (2) the amount of the Convenience Check, whichever is less. Use of a Convenience Check is not the same as using your Card. When you use a Convenience Check, you will have fewer rights to dispute merchant transactions than with uses of your Card. Please see Section 37 of this Agreement regarding your billing rights for more information. You may not request a stop payment on any Convenience Check. However, you should call us immediately if any Convenience Checks have been lost or stolen at [800-922-8742].
- Balance Transfers: All Balance Transfers are subject to our approval. Balance Transfers are treated as a Purchase, however they are not eligible to earn any rewards. We will not process Balance Transfer requests we consider incomplete or illegible. You may not use a Balance Transfer to pay off any other accounts you have with Bank. You may only make a Balance Transfer to accounts that list you as an account holder. We are not liable to you if we do not process part or all of any Balance Transfer you request. If you request several Balance Transfers, we may process the Balance Transfers in any order we choose. We may also limit the amount of Balance Transfers to your Account to an amount that is less than the total Credit Limit of your Account. If we do not approve the full amount of any Balance Transfer you request, we may process part or none of the Balance Transfer amount you requested. Do not request a Balance Transfer for any amount that is or may be subject to a dispute between you and any other financial institution or creditor. Allow 3 to 4 weeks to process your Balance Transfer request. After you request a Balance Transfer, you should still monitor and pay at least the minimum payment due on your other account, until the other institution sends an account statement to you showing that you are no longer required to make any account payment. You are liable to your other creditors for any fees, charges, and amounts due under their agreements with you, including any late payment fees and interest charges you may owe if a Balance Transfer for any other payment is not completed in the time and manner required by the other institution. We will not instruct any other creditor to close their account with you after we process a Balance Transfer.
Failure to sign a draft does not relieve you of liability for the transaction.
6. RESTRICTED TRANSACTIONS
Without limiting the foregoing, you are not allowed to use your Account for:
Marijuana plants or products of any type;
Internet gambling, even where it may be legal;
To make payments to this Card or any other loan payments to us or our affiliates;
To conduct transactions in any country or territory, or with any individual or entity, that is subject to governmental economic sanctions; or
Unless permitted by applicable Visa rules or applicable law, no Card may be distributed, transferred, or in any way provided to residents of India. Nothing in this Section 6, however, shall be construed as a restriction on the issuance, distribution, transfer, or use of the Card based on any person’s national origin or any other prohibited basis; or
For any other purpose or transaction we reasonably deem to be unlawful or unduly risky, including, without limitation, use of the Card or Account for transactions related to cryptocurrencies.
We may block any such transactions. Notwithstanding the foregoing, you will remain fully obligated to pay any indebtedness incurred in contravention of the foregoing limitations.
7. ALLOWED USE
We have no responsibility to make sure you only use your Account for lawful purposes, and you will remain responsible to pay for any transactions whether legal or not. We will not be liable if you engage in an illegal transaction. You agree to:
Use your Account only for lawful purposes;
Use your Account for only consumer (primarily personal, family or household) purposes; and
Repay us for all costs related to uses not allowed under this Agreement.
8. AUTHORIZATION OF TRANSACTIONS
We are not responsible:
If a merchant or financial institution does not honor any Card, or
For any problem you have with any goods or services purchased with the Card, except to the extent required by applicable law.
Depending on circumstances we may:
Decline a transaction if there is not enough available Credit and for any other reason; and/or
Require your specific authorization before allowing a transaction.
A merchant may check your ID. We are not liable if:
A merchant refuses your Card; and/or
We do not complete your transaction for any reason.
Although there may be Credit available on the Account, we may be unable to authorize Credit for a particular transaction because of operational difficulties or mistakes. We reserve the right to limit the dollar amount or number of transactions we will authorize per day or both. From time to time the number or dollar amount of allowable authorizations per day may vary. Neither we nor our agents will be responsible if authorization for a particular transaction is not given. If any Cardholder exceeds the applicable Credit Limit or Cash Limit, or if the Account is past due, authorization for transactions on the entire Account may be declined.
9. CREDIT AND CASH LIMITS
Bank will assign a Credit Limit and a Cash Limit to the Account. Your Cash Limit is a percentage of your Credit Limit. Your Credit and Cash Limits are together called “Limits.” We reserve the right to change Limits at any time. Your Credit Limit will be set forth on the Card Carrier. The Card or Account may not be used in any way that would cause your Outstanding Balance to exceed (or remain in excess of) your Credit Limit or Cash Limit, as applicable. You may request a change in your Credit Limit by writing to the address shown on your monthly Statement or by calling 1-800-809-2244.
When we first send your Card, we will tell you:
The Credit Limit on your Account; and
The portion of this limit you can use for Cash Advances (“Cash Limit”).
We may change the Limits from time to time. Whenever this occurs, we will notify you, usually after the fact:
On your billing Statement; or
By sending a notice.
You agree to:
Keep your Account balance (which includes interest charges, fees, and other charges) within your Credit Limit; and
Immediately pay any over-limit amount that might occur.
Your available credit may not reflect your payments for up to 14 days. If a transaction exceeds your available credit, we may decline it. Notwithstanding the Limits, you are liable for all transactions made on the Account even if they exceed the Limits. If we allow a transaction to post that exceeds the Limit, it does not mean the Limit has been waived or increased.
10. CROSS-BORDER AND NON-US DOLLAR TRANSACTIONS
If you make a transaction in a country other than the United States, regardless of currency type (including online Purchases from non-U.S. based merchants), or in non-US dollars (regardless of location of the merchant), the U.S. dollar amount of each transaction will be converted by Visa into a U.S. dollar amount in accordance with Visa’s operating regulations or conversion procedures in effect at the time the transaction is processed. Under current procedures, the foreign currency conversion rate is either a wholesale market rate or a government mandated rate in effect one day prior to the date the transaction is processed by Visa. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction’s posting date. There is a Foreign Transaction Fee for each such transaction which will be applied in U.S. dollars, and will post to your Account as a fee. See Section 24 below.
11. AUTHORIZATION FOR RECURRING TRANSACTIONS
If you authorize any merchant to bill charges on a recurring basis to your Account, we may, from time to time, provide the merchant with information about your:
Account status; and
Account expiration date.
You must notify the merchant when and if you no longer want to allow them to charge your Account. If you default on your Account or if we change your Account or Card number for any reason:
We may refuse or suspend future recurring charges; and
You must set up the recurring charges again and/or make other payment arrangements with the merchant.
12. PERIODIC STATEMENTS
We will send Statements for each Billing Cycle in which the Account has a debit or credit balance or transaction activity. The Statement will show the total amount owed on the Account as of the end of the Billing Cycle, including any interest charges, fees, and the Minimum Payment Due date. Most Accounts will receive monthly Statements, but we may send Statements weekly, bi-weekly, or semi-monthly. If you elect to receive your Statement electronically, we are not obligated to mail you a paper Statement.
13. PROMISE TO PAY
You promise to pay us, in lawful money of the United States of America (U.S. Dollars), all Purchases, Cash Advances, Balance Transfers, fees, charges, interest, and all other debts, obligations and liabilities of every kind and description, arising out use of the Card or Account, plus any collection costs, including court costs and reasonable attorneys’ fees. You agree and acknowledge that Authorized Signers have no obligation to make payment for charges incurred on a Card and that the sole responsibility for same lies with you. In addition, you consent and agree to the terms of the this Agreement, and to the terms contained on the Cards, any sales drafts, credit adjustment memos or Cash Advance drafts signed or authorized by or given to you. Where there is a conflict, the provisions of this Agreement govern your obligations, notwithstanding any additional or different terms contained in any other documents evidencing a transaction. Provisions on your liability for unauthorized use of the Cards appear in Sections 40 and 41 of this Agreement.
14. PAYMENT DUE
Each Billing Cycle, you agree to pay at least the Minimum Payment Due of $25.00 or 2% of the outstanding balance of the Account, whichever is greater, plus any amount over your credit limit, the sum of all past due amounts, and any resulting interest and fees, if applicable. If the New Balance is less than $25, the Minimum Payment Due is the New Balance. You may pay your total outstanding balance at any time. If you pay more than the Minimum Payment Due during any particular Billing Cycle, a Minimum Payment Due will still be due in subsequent Billing Cycles, unless we notify you otherwise. You may not prepay your Account to create a credit balance. Your Minimum Payment Due will be provided on your monthly Statement and must be made by its Payment Due Date, also provided on your monthly Statement. We round the Minimum Payment Due to the higher dollar.
Making only the Minimum Payment Due will increase the repayment period and the amount of interest paid over time.
15. WHEN AND HOW TO PAY
Payments must be:
Made in U.S. dollars;
Paid from a U.S. bank or other U.S. financial institution; and
Sent in a form that is acceptable to us.
Acceptable forms of payment include:
A check or money order;
Payment by phone; or
An electronic funds transfer.
A merchandise return or other transaction cancellation resulting in a credit to the Account is not considered a payment. Your Minimum Payment Due is still required.
Do not mail cash payments.
By sending us a check for payment on your Account, you authorize us either to:
Use information from your check to initiate an electronic funds transfer from your payment account according to the terms of the check; or
To process the transaction as a check.
When we use your check to make an electronic funds transfer:
Funds may be withdrawn from your payment account the same day we receive your payment; and
You will not receive your check back from your bank.
When you use our optional pay-by-phone service, you agree that:
We may make an electronic funds transfer from the bank account you choose; or
We may process the payment the same way we would process a check.
You must authorize the amount and timing of each payment and it is your responsibility to retain records of such authorizations. If you have a returned payment:
The amount you paid will be added back to your Account; and
Interest may be restored back to the payment date at the then-applicable APR for that transaction.
16. WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT
Please include the payment coupon from the bottom of the Statement with your check. If a payment is made at any location other than the address on the Statement, we may delay crediting that payment. Delayed crediting may cause you to become delinquent, incur a Late Payment Fee or both.
Special conditions. If you write any special conditions on your payment, such as “paid in full,” “without recourse,” or similar language, we may accept a payment marked with such conditions without agreeing to those conditions, and will not lose any of our rights under this Agreement. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes “payment in full” or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount, must be mailed or delivered to Tri Counties Bank at Tri Counties Bank, PO Box 3610, Chico, CA 95927.
17. HOW WE APPLY PAYMENTS
All payments will be applied first to the Minimum Payment Due. Any payments made in excess of the Minimum Payment Due will be applied first to the balance with the highest interest rate then successively to each lower interest rate until payment is exhausted. During the two Billing Cycles immediately preceding the expiration of any deferred interest period, any payments made in excess of the Minimum Payment Due will be applied to any expiring deferred interest balances.
18. ANNUAL PERCENTAGE RATE (APR)
We will use one or more annual percentage rates (“APR”) to determine interest owed. Your Card Carrier or other disclosure accompanying your Card will show the daily periodic rates and APRs that apply to the Account at the time of account opening (or after any applicable Introductory Period, as the case may be), but rates may change after that.
For all Card types, we will apply each APR to the applicable balance for each type of transaction:
Balance Transfers; and
All rates applicable to the Account are variable but no APR will exceed the maximum rate permitted by applicable law. The APR for each Billing Cycle will be equal to an index rate (“Index”) plus a percentage we select (“Margin”). The Index is the U.S. Prime Rate published in The Wall Street Journal on the last business day of the month (“Prime Rate”). When the Prime Rate changes, the new Index rate will be applied on the first day of the next Statement cycle. Your variable APRs may change, including a possible increase, with each monthly Billing Cycle.
An increase in the Prime Rate will increase your:
Annual percentage rate and daily periodic rate;
Minimum Payment Due; and/or
Time required to pay balance off making monthly payments
The increased variable rates will apply to:
New transactions; and
Interest is assessed on a daily basis. The Average Daily Balance is multiplied by the Daily Periodic Rate, as provided below. The Daily Periodic Rate is determined by dividing the APR by 365 (366 in leap years).
19. HOW INTEREST AND FEES ARE CALCULATED
On each Statement for each Billing Cycle, we will disclose the total amount of interest and fees charged for that Billing Cycle. Interest is calculated as set forth in this Section 19. Fees are set forth in Section 24 below. Numerical annual percentage rates (APR) appear in the tabular disclosures that accompany this Agreement.
Purchases: For your balance for Purchases, we calculate the amount of periodic interest in three steps:
(1) We determine the outstanding balance of Purchases on your Account for each day of the Billing Cycle by (i) starting with the day’s beginning Purchases balance; (ii) adding new Purchases (and other charges that are not Balance Transfers or Cash Advances), any previous cycle’s unpaid interest, and any fees and charges posted to your Account that day; and (iii) subtracting payments and credits posted to Purchases that day.
(2) We add up the outstanding balances for each day of the Billing Cycle and divide that sum by the number of days in the cycle, to arrive at an Average Daily Balance—Purchases for the cycle.
(3) We then multiply the Average Daily Balance-Purchases by the Daily Periodic Rate and multiply by the number of days in the cycle to arrive at the total amount of interest charged on Purchases for that billing period, which will be shown on your monthly Statement.
Your Purchase APR is the Prime Rate plus a Margin. The Margin, standard APR, and standard Daily Periodic Rate that apply to your Account Purchases after any applicable Introductory Period will be provided on your Card Carrier.
Balance Transfers: For your balance for Balance Transfers, we calculate the amount of periodic interest in three steps:
(1) We determine the outstanding balance of Balance Transfers on your Account for each day of the Billing Cycle by (i) starting with the day’s beginning Balance Transfer balance; (ii) adding new Balance Transfers (and other charges that are not Purchases or Cash Advances), any previous cycle’s periodic interest, and any fees and charges posted to your Account that day; and (iii) subtracting payments and credits posted to Balance Transfers that day.
(2) We add up the outstanding balances for each day of the Billing Cycle and divide that sum by the number of days in the cycle, to arrive at an Average Daily Balance—Balance Transfers for the cycle.
(3) We then multiply the Average Daily Balance-Balance Transfers by the Daily Periodic Rate times the number of days in the cycle to arrive at the total amount of interest charged on Balance Transfers for that billing period, which will be shown on your monthly Statement.
Your Balance Transfer APR is the Prime Rate plus a Margin. The Margin, standard APR, and standard Daily Periodic Rate that apply to your Account Balance Transfers after any applicable Introductory Period will be provided on your Card Carrier.
Cash Advances: For your balance for Cash Advances, we calculate the amount of periodic interest in three steps:
(1) We determine the outstanding balance of Cash Advances on your Account for each day of the Billing Cycle by (i) starting with the day’s beginning Cash Advance balance; (ii) adding new Cash Advances (and other charges that are not Balance Transfers or Purchases), any previous day’s periodic interest, and any fees and charges posted to your Account that day; and (iii) subtracting payments and credits posted to Cash Advances that day.
(2) We add up the outstanding balances for each day of the Billing Cycle and divide that sum by the number of days in the cycle, to arrive at an Average Daily Balance—Cash Advances for the cycle.
(3) We then multiply the Average Daily Balance-Cash Advances by the Daily Periodic Rate times the number of days in the cycle to arrive at the total amount of interest charged on Cash Advances for that billing period, which will be shown on your monthly Statement.
Your Cash Advance APR is the Prime Rate plus a Margin. The Margin, standard APR, and standard Daily Periodic Rate that apply to your Account Cash Advances will be provided on your Card Carrier.
20. GRACE PERIOD
Your Account has a Grace Period on Purchases only. A periodic interest charge on Purchases will be assessed if the total New Balance listed on the previous billing Statement was not paid in full by the Payment Due Date; in that case, an Interest Charge will be assessed on each Purchase from the date of the Purchase transaction until your balance is paid in full.
However, no Interest Charges will be charged on new Purchases for any Billing Cycle when you have paid your entire New Balance of Purchases, Balance Transfers, and Cash Advances in the Interest Charges accrue on Cash Advances and Balance Transfers beginning on the date the advance or transfer is posted to the Account. There is no Grace Period for Cash Advances or Balance Transfers.
21. MINIMUM INTEREST CHARGE
If the total of the Interest Charges for all balances is less than $1.00, then a Minimum Interest Charge will be $1.00. The Minimum Interest Charge will be allocated to each balance category subject to an Interest Charge.
22. PROMOTIONAL OR INTRODUCTORY APR
Introductory Rates. Your Card may provide for an Introductory APR on certain transactions for a specified number of Billing Cycles (“Introductory Period”). The amount of any Introductory APR, the length of the Introductory Period, and other relevant terms and conditions that apply to your Account will be provided on your Card Carrier.
The Introductory Period for Purchases begins on the date of Account opening. The Introductory Period for Balance Transfers is from the date of first transfer. However, all transfers must be completed within the first 45 days of the Account being open. Refer to the illustrative example provided in the following table.
30 days from
31-45 days from
46 days or more from Account opening
Balance Transfer #1: Introductory Period Begins. Introductory Rate applies to Balance Transfer #1 balance for the entire Introductory Period.
Balance Transfer #2: Introductory Rate applies to this Balance Transfer only for remainder of the Introductory Period (Introductory Period minus number of days since Balance Transfer #1).
Balance Transfer #3: Outside of Balance Transfer window; standard APR for Balance Transfers applies to this Balance Transfer.
After any Introductory Period, your interest rate for Purchases and Balance Transfers described in Section 19 above will apply to existing and future balances. There is no Introductory Rate for Cash Advances. There is no Introductory APR for the Visa Secured Credit Card.
Promotional Rates. From time to time and in our sole discretion we may offer a special rate applicable to certain transactions such as particular Purchases (as defined by us), Balance Transfers, or Cash Advances (“Promotional Rate”). Applicable terms and conditions will be disclosed at the time any such promotion is offered, and are incorporated into this Agreement by reference. The Promotional Rate will apply only to the transactions and for the period of time set forth in any such offer from us. Existing balances and new purchases or advances not expressly subject to any such promotion will remain governed by the terms and conditions of this Agreement. In addition, the terms and conditions of this Agreement will govern your obligations regarding any unpaid balance or transactions that are made subject to any such promotional offer which are not fully paid within the time period set forth in such promotional offer.
Loss of Introductory or Promotional Rates. If during any Introductory Period or during the time any Promotional Rate is in effect, we have not received your required Minimum Payment Due within 60 days after the Payment Due Date for that payment, we may end your Introductory APR or Promotional Rate and apply the standard APRs for Purchases and Balance Transfers to your existing balance in effect at that time for each transaction type and future Purchases and Balance Transfers.
23. PENALTY APR
If your Minimum Payment Due has not been received within 60 days of the Payment Due Date or you make a payment that is returned and causes your Account to be over 60 days late, your Account will be subject to a Penalty Annual Percentage Rate (“Penalty APR”). The Penalty APR will be applied to any and all transactions and outstanding balances on your Account, including those with Introductory or Promotional APRs. The Penalty APR will remain in effect for at least [180 days] after your Account becomes subject to it and will apply until you make 6 consecutive Minimum Payments on or before the Payment Due Date.
Any fees or interest will be added to your Purchase balance unless otherwise stated in this Agreement. You agree to pay the following fees, if they apply. Fees are subject to applicable law. Fee amounts appear on your tabular format disclosures, Card Carrier or other document we provide with this Agreement.
Annual Fee. If your Account is subject to an Annual Fee, it will be billed at account opening and approximately every 12 months thereafter.
Cash Advance Transaction Fee. This fee will be a percentage of the Cash Advance, subject to a certain dollar minimum, as set forth in the Card Carrier or other document.
Balance Transfer Fee. This fee will be a percentage of the Balance Transfer, subject to a certain dollar minimum, as set forth in the Card Carrier or other document.
Late Payment Fee. If the Minimum Payment Due shown on your monthly Statement is not made pursuant to the requirements of Sections 14 and 15 of this Agreement, on or before the Payment Due Date, we charge a Late Payment Fee. The amount of the fee appears on the tabular format disclosures. The fee will be assessed after 15 days of lateness.
Returned Payment Fee. If any check or similar instrument or any electronic debit for payment on the Account is returned unpaid for insufficient funds or other reason, even if the check, instrument or debit is later honored or paid, we may assess a Returned Payment Fee in the amount(s) shown on the Card Carrier or other document.
Foreign Transaction Fee. This fee will be a percentage of any transaction that occurs outside the US (regardless of the type of currency used), subject to a certain dollar minimum, as set forth in the Card Carrier or other document.
Overdraft Advance Fee. If your Account has been linked to a checking account for overdraft protection, each new transaction will be assessed a one-time fee, as set forth in the Card Carrier or other document.
Fees Disclosed at Time of Request. We also may charge the following fees. If a fee applies to the Account, we will disclose the amount of the fee at the time the Cardholder requests the service.
Card Rush Delivery Fee: We may charge a fee if you request “expedited delivery” of a Card that requires an outside delivery service provider. We may also charge a fee if you request to personally obtain an “emergency Card” at our Bankcard Center that requires special card production. This fee is charged to your Account as a Purchase item.
Statement Copy Fee: If you request additional copies of Statements, drafts and receipts we charge a fee per item requested. This fee is charged to your Account as a Purchase item.
Statement Research Fee: If you request our help researching statements we charge a fee for each hour of our research time. This fee is charged to your Account as a Purchase item.
Card Replacement After 2nd Occurrence Fee: If you request a replacement card more than 2 times in any previous 12 month period. This fee is charged to your Account as a Purchase item.
25. OBTAINING CASH ADVANCES
You may obtain Cash Advances by presenting a Card at a participating bank and, if requested, providing the proper identifying information and signing the appropriate drafts. You may also obtain Cash Advances by using a Card at a compatible automated teller machine (“ATM”), provided it is used with the correct personal identification number (“PIN”). Daily Cash Advances may not exceed the lesser of the local ATM limit, if any, the withdrawal and dollar limits we establish from time to time, or the Cash Limit. We may terminate or block the ability to obtain Cash Advances if we believe that there is unusual activity on the Account or you are in Default under this Agreement.
In addition to any Cash Advance transaction fees we may assess, you may be subject to additional fees or surcharges for ATM Cash Advance transactions imposed by ATM service providers. If you are assessed a surcharge, it will be disclosed on the ATM screen. ATM Cash Advances also may be subject to fees established by ATM owners. Purchases of items that can be traded right away for cash will be Cash Advances instead of Purchases. These “cash-like” transactions include Purchases of casino gaming chips, money orders, deposits, wire transfer money orders, travelers checks, foreign currency and similar items.
26. CARD ACTIVATION
When you receive a new or a replacement Card, follow the activation instructions accompanying it. You have the option of choosing your own PIN. Once your Card has been activated, you may begin to use your Card. Do not write your PIN on your Card or otherwise share or disclose your PIN with any person.
27. VISA ACCOUNT UPDATER SERVICE
If you give your Card number to a merchant with authorization to bill it for recurring or future payments, and your Card number or expiration date changes, you should notify the merchant with your new Card information. We subscribe to the Visa Account Updater Service (VAU Service) and we provide updated Card information to the VAU Service. If your merchant participates in the VAU Service, that merchant may receive the updated Card information. If your Card is closed for any reason your Card information will not be provided to the VAU Service. Because not all merchants subscribe to the VAU service, it is ultimately your responsibility to notify each merchant of your new Card information to ensure the service from the merchant and your payments continue uninterrupted.
28. VIRTUAL WALLETS
(ALSO KNOWN AS DIGITAL WALLETS AND ELECTRONIC WALLETS)
A ”wallet” refers to an electronic device that allows an individual to make electronic payment transactions. This can include purchasing items with a computer or using a mobile phone to purchase something at a physical or online store. You may register your Card with compatible programs that allow Card transactions through a “Virtual Wallet” by following the instructions of the Virtual Wallet provider. Once registered, the Virtual Wallet allows you to store virtual representations of credit and debit cards on your supported mobile device or computer to make payments at selected merchants utilizing the merchant’s terminal, in-app or other digital commerce payments. The Virtual Wallet may not be accepted at all the places or merchants where your Card is otherwise accepted.
We do not charge you any additional fees for adding your Card to a Virtual Wallet or using a Virtual Wallet to pay for a transaction using your Card. Third parties such as wireless companies or data service providers may charge you fees for enrolling in and using a Virtual Wallet and you are responsible for any such wireless carrier data or usage fees incurred.
You are responsible for keeping your Virtual Wallet login and credentials private and secure. After enrolling in a Virtual Wallet, you should secure your mobile device with the same care you would your Card, cash, checks and other personal identification numbers and passwords in order to avoid unauthorized use of your Account(s). If you share your credentials with any other person, they may be able to use your mobile device or computer and get access to your personal and payment information available through the Virtual Wallet service. You should call us and your Virtual Wallet provider immediately if you believe your mobile device or credentials have been lost, stolen or compromised in any way or an unauthorized person has used or may use your credentials without your authorization.
We are not the provider of the Virtual Wallet and we are not responsible for providing the Virtual Wallet service to you. Use of a Virtual Wallet involves the electronic transmission of personal information through third party connections. Because we do not operate or control these connections, we cannot guarantee the privacy or security of these data transmissions. You should consider whether there is risk of loss or other problems that may result from wireless transmission or loss of the mobile device. Check with the Virtual Wallet provider and your wireless carrier for information about their privacy and security practices.
We have no responsibility or liability for any loss, damage, function, malfunction, delay or other problem or claim directly or indirectly associated with the Virtual Wallet, including, but not limited to, the security, accuracy, legality, appropriateness, content, what information is collected or accessed, performance or non-performance of the Virtual Wallet, nor the actions of the Virtual Wallet provider or any other third party regarding any agreement you enter into with the Virtual Wallet provider or associated third party relationships that may impact your use of the Virtual Wallet. It is your responsibility to read and understand the terms and conditions of the Virtual Wallet before enrolling in, creating, activating or using your Card in a Virtual Wallet.
29. USER’S LIABILITY
Notwithstanding any other provision, any person who uses the Card, whether authorized or not, is liable to pay for that user’s own use, even if you are ultimately not liable.
30. CLOSING THE ACCOUNT
You may close the Account at any time by notifying Bank in writing. We can suspend or close your Account at any time. We will not tell you first unless applicable law requires us to do so. We may suspend or close your Account for any reason. One of the reasons may be your Default under this Agreement. You agree to notify us of any cancellation of an Authorized User’s charging privileges. When the Account is closed (whether by you or by Bank), the right to use the Card and to make charges to the Account will be automatically revoked.
Subject to any applicable law, upon the occurrence of any one or more of the following events (each a “Default”), your full outstanding balance of the Account shall, at our option, become immediately due and payable, and we may suspend or close the Account. If the Card is a Visa Secured Card we may also exercise our rights under Section 32 below:
You fail to pay at least the Minimum Payment Due as required under this Agreement on or before the Payment Due Date;
Any information you have given to us proves to be false or incorrect in any material respect when made or at any time during the term of this Agreement;
You fail to observe any other covenant or duty contained in this Agreement;
You or an Authorized User exceeds or tries to exceed the Credit Limit without our permission;
A payment you make is rejected or cannot be processed, even if it is processed later;
You become insolvent or subject to bankruptcy or insolvency proceedings; or an attachment or garnishment proceeding is instituted against you or your property; or
You default under any other obligations that you owe to Bank or its affiliates for borrowed money which is not secured by any real property;
You die or are legally declared incompetent or incapacitated.
The termination or revocation of any personal guaranty.
For the purposes of this Section 31, “you” also includes anyone who has guaranteed payment of the Account.
32. SECURITY INTEREST
If your Card is a Visa Platinum Card, Visa Platinum Rewards Card, or Visa Signature Card: Notwithstanding any other provisions of this Agreement or the provisions of any other agreement or contract you may have with us, the Account and Cards are unsecured.
If your Card is a Visa Secured Credit Card: You agree that the Card and Account are secured by the separate deposit account you have opened or will open with the Bank (and all balances in the account), subject to any minimum required by the Bank (“Deposit Account”). You agree to sign or initial a separate security document to acknowledge this security agreement at a branch of Bank or other location. The Deposit Account will be blocked, you may not make transfers to or from the Deposit Account. We will not send statements for the Deposit Account. The Deposit Account is not payable at a specific date or after a specified period of time. We may require that you provide us with 7 days’ advance written notice of your request to close the Deposit Account, subject to the Bank’s rights under this Section 32. Your signature(s) or other authentication specified by the Bank will serve as verification for any transaction in connection with the Deposit Account.
Loss of Your Deposit Account: If there is any Default (as defined in Section 31 above) on any Card or the Account, we may, in addition to our rights under Section 31, apply all or any part of the funds in the Deposit Account to satisfy the balance due on the Cards or this Account. We may do this immediately upon Default and without notice to you.
33. LOST OR STOLEN CARD
You agree to notify us immediately if: your Card is lost or stolen, or your Account is used without your permission. The fastest way to notify us is by calling us at 1-800-809-2244. The phone number also is listed on your billing Statement and on the back of your Card. You also can notify us at Tri Counties Bank Credit Card Services, 516 Edgewater Drive, Wakefield, MA 01880-0428.
34. CREDIT INVESTIGATION
You authorize us to investigate your credit standing before we open the Account or issue Cards and at any time thereafter for any purpose related to reviewing, servicing or updating the Account, including without limitation for purposes of collecting amounts owed under this Agreement. You understand and agree that this investigation may include our obtaining credit reports from third party reporting agencies.
You hereby authorize Bank to make whatever credit inquiries or investigations about you that Bank deems appropriate. Bank may ask credit bureaus for reports of your credit history. We may act through our agents, who may act in our name or their own names. 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.
35. FINANCIAL AND OTHER INFORMATION
You agree to promptly provide us, from time to time upon request, with current information regarding you and your financial affairs. You authorize us to receive, from time to time, information from others concerning you and your Credit Accounts and to answer questions from others regarding our Credit experience with you.
We may contact you from time to time regarding your Account. We treat all customer calls as confidential. We may contact you in any manner we choose unless the law says that we cannot. For example, we may:
Contact you by mail, telephone, email, fax, recorded message, text message or personal visit;
Contact you at your home and at your place of employment;
Contact you using the phone number you provide us;
Contact you at any time, including weekends and holidays;
Contact you with any frequency;
Leave prerecorded and other messages on your answering machine/service and with others; and
Identify ourselves, your relationship with us and our purpose for contacting you even if others might hear or read it.
Our contacts with you about your Account are not unsolicited and might result from information we obtain from you or others. We may monitor or record any conversation or other communication with you. Unless the law says we cannot, we may modify or suppress caller ID and similar services and identify ourselves on these services in any manner we choose. When you give us or we obtain your mobile telephone number, we may contact you at this number. We may do these things whether we contact you or you contact us. If you ask us to discuss your Account with someone else, you must provide us with documents that we ask for and that are acceptable to us. You consent to and authorize Tri Counties Bank, and any customer service and collection unaffiliated partners, to monitor and record any of your telephone conversations with our representatives or the representative of any of our customer service and collection unaffiliated partners.
37. BILLING DISPUTES
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:
Tri Counties Bank
Credit Card Services - Dispute Management
516 Edgewater Drive, Wakefield, MA 01880-0428
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 3 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 [or electronically]. 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 or not 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:
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.
If we do not believe there was a mistake: You will have to 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 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:
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. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing [or electronically] at:
Tri Counties Bank
Credit Card Services - Dispute Management
516 Edgewater Drive
Wakefield, MA 01880-0428
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.
38. CHANGE IN TERMS
We may change this Agreement from time to time to the fullest extent allowed by applicable law. This may include changing, adding, or removing terms. We may do this in response to legal, business, competitive environment or other reasons not listed here. We may increase the interest rate on existing balances and future balances to the extent allowed by law. Changes to some terms may require advance notice, which may be sent to you as provided in Section 2 above. You may have the right to reject the change in terms, depending on the type of change, and, if you exercise such right, then to the extent permitted by law your Account will be closed and you will be able to pay off the balance under the terms of this Agreement then in effect. Without limiting the foregoing, you agree that if you use your Card after the effective date of the change, this will constitute your agreement with the change.
39. DISCLOSURES OF INFORMATION
You acknowledge and consent to the release of personal data about Cardholders by Bank to Visa U.S.A., its Members, or their respective contractors for the purpose of providing emergency cash and emergency card replacement services.
40. LIABILITY FOR UNAUTHORIZED USE
If you notice the loss or theft of any Card or a possible “unauthorized use” (as defined below) of any Card, you must call us immediately at 1-800-809-2244 or write to us at Tri Counties Bank Credit Card Services, 516 Edgewater Drive Wakefield, MA 01880-0428. You will not be liable for any unauthorized use after you notify us. You may, however, be liable for unauthorized use that occurs before your notice to us. Such liability is limited to $50 or any lesser amount that is incurred before you notify us of the suspected or actual unauthorized use. Also refer to Section 41.
“Unauthorized use” means the use of a credit card by a person, other than a Cardholder, who does not have actual, implied, or apparent authority for such use, and from which you received no benefit. Cardholders that are either consumers or businesses may be covered by the liability limits provided under Regulation Z.
41. VISA ZERO LIABILITY POLICY
The following limitations apply to your Account, except as otherwise provided by law:
Pursuant to the Visa Zero Liability Policy, upon notification from you of unauthorized transactions, we will limit your liability for those transactions to zero and will provide you with provisional credit for those transactions within five business days from receipt of notification. We may withhold provisional credit, to the extent allowed under law, if we determine that the circumstances or Account history warrant the delay.
The Visa Zero Liability Policy does not apply if we determine that you were negligent or fraudulent in the handling of your Account or Card or if it is proven that you participated in the disputed transaction in any way. You agree that we may deem you to have been negligent, for example, if you do not tell us within 60 calendar days after the Account Statement reflecting the unauthorized activity was mailed (or made available, including electronically delivered Account Statements). Additionally, the Visa Zero Liability Policy does not apply if you request a Balance Transfer for any amount that is or may be subject to a dispute between you and any other financial institution or creditor and we honor such Balance Transfer.
The Visa Zero Liability Policy only applies to transactions processed through a Visa network. This means that the zero liability limit described above does not apply to: (a) transactions using your personal identification number that are not processed through a Visa network; and (b) ATM transactions which are not sent over Visa or Plus networks.
Visa is a registered trademark of Visa U.S.A., Inc.
To notify us of lost or stolen cards or of unauthorized transactions, call or write to us at the telephone number or address set forth in the Liability for Unauthorized Use paragraph above. This will help prevent unauthorized access to your Account and minimize any inconvenience. We may require you to provide a written statement regarding an unauthorized Visa credit card transaction in order for the Visa Zero Liability Policy described above to be applied.
42. ACCOUNT ASSIGNMENT
We may sell, assign or transfer all or any part of your Agreement and Account without notice to you. You may not sell, assign or transfer the Cards or your Account.
43. GOVERNING LAW
This Agreement is governed by federal law and, to the extent not preempted, law of the State of California. We make our Credit decisions and extend Credit to you under this Agreement from the State of California. This Agreement is entered into in the State of California and is maintained in the State of California. This is true whether or not you use your Card in the State of California.
If we delay or take no action allowed under this Agreement, for any reason, we will not lose or limit any of our rights under this Agreement on that or any other occasion.
If any provision of this Agreement is finally determined to be unenforceable under any law, rule or regulation, all other provisions of this Agreement are still valid and enforceable.
We use section headings (e.g., Types of Transactions) to organize this Agreement. The headings are for reference purposes only.
47. ARBITRATION PROVISION (Agreement to Arbitrate)
Arbitration is a method of deciding disputes outside the court system. This Arbitration Provision (the “Provision”) governs when and how any disputes you and we may have will be arbitrated instead of decided in court.
CERTAIN DEFINITIONS Certain words used in this Provision have special meanings:
“WE,” “US”, AND “OUR” means Tri Counties Bank (“Bank”) and our affiliates, successors and assigns and also include: (1) any prior issuer of a credit account that we have acquired: (2) any company to which we transfer our rights under this Agreement; and (3) all of the employees or other individuals who manage these companies. Finally, if either you or we elect to arbitrate any Claim you bring against us, these terms include any other persons or companies whom you make Claims against in the same proceeding.
“CLAIM” means any dispute between you and us that arises as a result of or has anything at all to do with: (1) your Account; (2) the events leading up to you opening your Account; (3) this Agreement; (4) any prior credit account or agreement relating to such account; or (5) your relationship with us. This includes disputes relating to any products, insurance, or other services offered to you while you have your Account with us.. This includes disputes about whether this Provision is valid or binding or about whether or when it applies. It includes disputes relating to constitutional provisions; statutes; ordinances; regulations; case law; compliance with the Agreement or any agreement related to any prior credit account; and wrongful acts of every type (whether intentional; fraudulent; reckless; or just negligent). It includes requests for money, for orders requiring you or us to take certain actions (which are sometimes referred to as “injunctive relief”), and for any other kind of relief. This Provision applies to Claims that arise prior to, on, or after the effective date of this Provision.
“ADMINISTRATOR” means the American Arbitration Association or JAMS. These companies administer arbitration proceedings. The arbitrator will be selected under the Administrator’s Rules. You can select the Administrator if you give us written notice of your selection with your notice that you are electing to arbitrate any Claim or within 20 days after we give you notice that we are electing to arbitrate any Claim. If you do not select the Administrator on time, we will select one. If for any reason the Administrator you or we select is unable or unwilling to serve or continue to serve as Administrator, you will have 20 days to select a different Administrator.
STARTING ARBITRATION You or we can give written notice of an intention to begin arbitration of a Claim or Claims or to require arbitration of the other party’s Claim or Claims. This notice can be given by one party even if the other party has begun a lawsuit. If such a notice is given, any Claim will be resolved by arbitration under this Provision and the Administrator’s Rules that are in effect at the time the Claim is filed with the Administrator. The arbitrator must be a lawyer with more than 10 years of experience in the field of commercial credit or a retired judge. A copy of the Claim form may be obtained from the Administrator or from us. A party who has asserted a Claim in a lawsuit may still elect arbitration with respect to any Claim that is late r asserted in the same lawsuit by any other party. All doubts about whether to arbitrate a Claim shall be resolved in favor of arbitration. We will not elect to arbitrate an individual Claim that you bring against us in “small claims” court. However, we may elect to arbitrate a “small claims” court Claim that is later sent or appealed to any different court.
IMPORTANT LIMITATIONS IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO, YOUR ABILITY TO OBTAIN INFORMATION FROM US AND TO APPEAL IS MORE LIMITED IN ARBITRATION THAN IN A LAW-SUIT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. THE FEES CHARGED BY THE ADMINISTRATOR MAY BE HIGHER THAN THE FEES CHARGED BY A COURT. THE SAME LIMITATIONS ALSO APPLY TO US. IN ADDITION, IF YOU OR WE ELECT TO ARBITRATE A CLAIM: (1) NEITHER YOU NOR ANYONE ELSE ON YOUR BEHALF CAN PURSUE THAT CLAIM IN COURT IN A CLASS OR REPRESENTATIVE ACTION (SUCH AS A PRIVATE ATTORNEY GENERAL ACTION); (2) NEITHER YOU NOR ANYONE ELSE ON YOUR BEHALF CAN PURSUE THAT CLAIM IN THE ARBITRATION ON A CLASS-WIDE OR REPRESENTATIVE (SUCH AS A PRIVATE ATTORNEY GENERAL) BASIS; AND (3) CLAIMS BROUGHT BY OR AGAINST ONE ACCOUNTHOLDER (OR JOINT ACCOUNTHOLDERS) MAY NOT BE BROUGHT TOGETHER WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER ACCOUNTHOLDER.
ARBITRATION and COSTS Any arbitration hearing that you attend will take place in the federal judicial district where you live. If you cannot afford to pay the fees charged by the Administrator and the arbitrator or if you believe that such fees are too high, we will consider any reasonable written request by you for us to pay the fees. We will pay any fees or expenses we are required to pay by law. You will never be required to pay us any fees we have previously paid to the Administrator. Each party must bear the expense of that party’s attorneys, experts, and witnesses, regardless of who wins the arbitration, except to the extent that the applicable law or the Administrator’s Rules provide otherwise.
GOVERNING LAW This Agreement involves interstate commerce and this Provision is governed by the Federal Arbitration Act (“FAA”), United States Code, Title 9, Sections 1 and following. The arbitrator must follow: (1) the FAA; (2) the substantive law, consistent with the FAA, related to any Claim; (3) statutes of limitations; and (4) claims of privilege recognized at law. Upon the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award. The arbitrator will determine the rules of procedure and evidence to apply, consistent with the FAA, the Administrator’s Rules, and this Provision. The arbitrator shall not apply federal, state, or local rules of procedure and evidence or state or local laws concerning arbitration proceedings.
OBTAINING INFORMATION After an arbitration proceeding has been started, in addition to a party’s right to obtain information from the other party under the Administrator’s Rules, either party may request the arbitrator in writing to allow that party to obtain more information from the other party. A copy of such request must be provided to the other party. That party will then have the chance to object in writing within 30 days. The objection must be sent to the arbitrator and the other party. The arbitrator will decide the issue, in his or her sole discretion, within 20 days after any objection to providing expanded information is submitted.
EFFECT of ARBITRATION AWARD Any appropriate court may enter judgement upon the arbitrator’s award. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA and except for Claims involving more than $100,000. For these large Claims, any party may appeal the award to a three-arbitrator panel appointed by the Administrator. That panel will consider all over again any part of the initial award that any party asserts was incorrectly decided. The decision of the panel will be by majority vote and will final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the fees charged by the Administrator and the arbitrators for such an appeal will be paid by the appealing party, regardless of who wins the appeal. However, we will consider any reasonable written request by you for us to pay such fees. All other provisions of this Provision shall apply to any appeal to a three-arbitrator panel, and any reference in this Provision to a single arbitrator shall apply to the three-arbitrator panel.
CONTINUING EFFECT of ARBITRATION AWARD This Provision will remain in force no matter what happens to you or your Account. For example, it will remain in force even if: (1) your credit privileges are ended or put on hold; (2) you close your Account; (3) you repay your entire Account balance; (4) we begin a lawsuit to collect amounts we think you owe; or (5) you become bankrupt or insolvent or a bankruptcy or insolvency proceeding is begun, to the extent consistent with applicable bankruptcy law. If any portion of this Provision cannot be enforced for any reason, the rest of this Provision will continue to apply. In the event of any conflict or inconsistency between this Provision, on the one hand, and the Administrator’s Rules or other provision of this Agreement, on the other hand, this Provision will govern.
CONTACTING ARBITRATION ADMINISTRATORS If you have a question about the arbitration companies who may serve as Administrator, would like to obtain a copy of their arbitration rules or fee schedules, or would like a Claim form, you can contact them as follows: American Arbitration Association, 120 Broadway, Floor 21, New York, NY 10271, www.adr.org, request the Arbitration Rules for the Resolution of Consumer-Related Disputes (for Claims under $10,000) or Commercial Arbitration Rules (for all other Claims); JAMS, 620 Eighth Ave, NY Times Building, 34th Floor, New York, NY 10018, www.jamsadr.com, request the Financial Services Arbitration Rules and Procedures.
OPT OUT 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: Tri Counties Bank Credit Card Services, 516 Edgewater Drive, Wakefield, MA 01880-0428. 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. If you opt out we may elect to close your Account.
48. STATE LAW NOTICES
MARYLAND RESIDENTS: You have the right under Section 12-510 of the Commercial Law Code to receive an answer to a written inquiry concerning the status of your account.
NEW JERSEY RESIDENTS: Because certain provisions of this Agreement are subject to applicable law, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey.
NEW YORK RESIDENTS: Call the New York State Department of Financial Services at 1-800-342-3736, or visit its website at http://www.dfs.ny.gov/consumer/creditdebt.htm for a comparable list of credit card rates, fees and grace periods.
OHIO RESIDENTS: The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain histories on each individual upon request. The Ohio civil rights commission administers compliance with this law.
WISCONSIN RESIDENTS: We will not charge you attorney’s fees, court costs, or other collection costs incurred as a result of your default.
MARRIED WISCONSIN RESIDENTS: No provisions of any marital property agreement, unilateral statement under section 766.59 or court decree under section 766.70 will adversely affect the Interest of the creditor unless the creditor, prior to the time credit is granted, is furnished a copy of the agreement, statement, or decree or has actual knowledge of the adverse position when the obligation to the creditor is incurred. We are required to ask you to provide the name and address of your spouse.
49. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between us and you relating to the Account and supersede any other prior or contemporaneous agreement between us and you relating to the Account. Except as otherwise provided, if there is any conflict among the documents that constitute the Agreement (card carrier, tabular disclosures, etc.), the terms of this Consumer Cardholder Agreement and Disclosure control. The signature (including any electronic or digital signature) of an Authorized Representative on any document signed in connection with the use of the Card or Account is part of this Agreement. Such documents include, but are not limited to, the Card, Application or any accepted sales slip.
Balance Transfer – A transaction on the Account whereby available Credit is used to make a payment on an account elsewhere, effectively resulting in a transference of all or a portion of the other account balance to your Account balance with us, subject to a specified APR and Balance Transfer Fee.
Bank Affiliater – A person or organization officially attached to, owned by or owning Bank.
Billing Cycle – The time interval between the dates of your regular billing Statements. Your first Billing Cycle may be less than one month. All Credit terms, including Minimum Interest Charges, will apply in each Billing Cycle including the first Billing Cycle.
Cash Limit – A maximum amount of Credit for Cash Advances.
Credit – The Credit extension you receive under this Agreement.
Daily Periodic Rate – The Daily Periodic Rate is calculated from the applicable APR. The Daily Periodic Rate is equal to the applicable APR divided by 365 (or 366 in a leap year). We use the Daily Periodic Rate to calculate the Interest Charge as described in this Agreement.
Interest Charge – The interest owed on your Account that we derive by applying your Daily Periodic Rate to the Average Daily Balance, as described in Section 19 above. Your Statement may use both terms.
New Balance – The entire balance of Purchases, Cash Advances, Balances Transfers and any Promotional Balances outstanding on your Account on the closing date of the Billing Cycle, plus all accrued interest charges and other fees, charges, payments, credits and adjustments as of such date.
Outstanding Balance – The outstanding balance of Purchases, Cash Advances, interest , fees and other charges associated with the Account.
Payment Due Date – This is the date by which we must receive your payment in order for it to be on time. Your Payment Due Date will be stated on your Statement.
Promotional Balance – The portion of the outstanding balance on the Account that is subject to a Promotional or Introductory APR.
Promotional or Introductory APR – The APR applied to Promotional Balances.
Statement – We will send you a Statement at the end of each Billing Cycle. The Statement will tell you the total balance that you owe us at the end of the last Billing Cycle. It will also tell you the Minimum Payment Due that you must pay us by the Payment Due Date.