TM
F
FORTIVA
CREDIT CARD
CARDHOLDER
AGREEMENT
NY RESIDENTS: RETAIL
INSTALMENT CREDIT
AGREEMENT
U.S. VIRGIN ISLANDS RESIDENTS PLEASE READ THIS:
The provisions titled "Using Your Account," "Postdated Checks,
Restrictive Endorsements Checks and Other Disputed or Qualified
Payments," "Changes in Terms," "Assignment; Transfers,"
"Arbitration Provision" and "Billing Rights Notice."
The Truth in Lending Act Disclosures below are part of your
Cardholder Agreement and contain important information
about current rates and fees applicable to your Account. See
the remaining Agreement for additional terms and conditions
governing your Account and for definitions of terms used
herein. Disclosures are accurate as of June 2016.
TRUTH IN LENDING ACT DISCLOSURES
Interest Rates and Interest Charges
Annual
This APR will
Percentage
Rate (APR)
29.99%
vary with the
market based on
for Purchases
the Prime Rate.
APR for Cash
This APR will
Advances
32.99%
vary with the
and Balance
market based on
Transfers
the Prime Rate.
Paying
Your due date is at least 25 days after
Interest
the close of each billing cycle. We will
not charge you interest on purchases
if you pay your entire balance by the
due date each month. We will begin
charging interest on cash advances
and balance transfers on the
transaction date.
For Credit
To learn more about factors
Card
to consider when applying for
Tips from the
or using a credit card, visit the
Consumer
website of the Consumer
Financial
Protection
Financial Protection Bureau
Bureau
at www.consumerfinance.gov
Fees
Set-up and
NOTICE: The Annual Fee will be
Maintenance
assessed before you begin using
Fees
your card and will reduce the
amount of credit you initially have
available. Based on your initial
credit limit of $1000, your initial
available credit will be only about
$825.
You may still reject this plan,
provided that you have not yet
used the account or paid a fee
after receiving a billing statement.
If you do reject the plan, you will
not be responsible for any fees
or charges.
Annual Fee
$175 for the first year; after
that, $49 annually
Account
$150 annually (billed at $12.50
Maintenance
per month)
Fee
This fee is not billed for the first
12 months that your Account is
open.
Transaction
Fees
Cash
Either $5 or 5% of the amount
Advance
of each cash advance,
whichever is greater
Foreign
3% of each transaction amount
Transaction
in U.S. dollars
Balance
3% of the amount of each
Transfer
transfer
Penalty Fees
Late
Up to $37
Payment
Returned
Up to $37
Payment
How We Will Calculate Your Balance: We use a method called
"average daily balance (including new transactions)." See the
additional terms and conditions below for more details.
Billing Rights: Information on your rights to dispute transactions and
how to exercise those rights is provided in the additional terms and
conditions below.
Variable Rate: Your APRs will vary with the market based on the
Prime Rate. The Prime Rate is the highest bank prime loan rate as
published by the Wall Street Journal in its Money Rates Section on
the 25th day (or the next business day if the 25th is not a business
day) of the calendar month preceding the first day of the billing
period. Your Periodic Rate(s) and corresponding Annual Percentage
Rate(s) will change if the Prime Rate changes. If the Periodic Rate(s)
and corresponding Annual Percentage Rate(s) increase, your
interest charges will increase and your minimum payment may be
greater. A change in the Periodic Rate(s) will take effect the billing
period immediately following the publication of the changed Prime
Rate. The rates under this Agreement will not exceed an annual
percentage rate of 36%.
Margins and Monthly Periodic Rates with Corresponding APRs:
Rate
Margin
Current Monthly
Maxi-
Periodic Rate
mum
APR
Purchase
26.49%
2.499%
36%
Rate
(corresponding APR
of 29.99%)
Cash
29.49%
2.749%
36%
Advance
(corresponding APR
and
of 32.99%)
Balance
Transfer
Rate
Periodic Rates and corresponding APRs are determined by adding
the Prime Rate to the Margin set forth above. Monthly Periodic Rates
are determined by dividing your APRs by 12.
GENERAL This Cardholder Agreement ("Agreement") governs the
use of your revolving credit account (your "Account"). In this
Agreement and in your monthly billing statement ("Statement"), "we,"
"us," "our" and "Bank" refer to Mid America Bank and Trust Company,
member FDIC, including, as applicable, our successors, assignees
and representatives. "You," "your" and "Cardholder" refer to the
person whowas approved for the Account and, as appropriate, all
persons authorized to use the Account. "Application" refers to any (i)
written or electronic application or acceptance that you signed or
otherwise submitted for this Account or (ii) oral request for credit and
a Card, resulting in this Account. "Card" refers to any credit card,
Account number or other credit access device (including any
convenience check) that we issue to you. Your Application, any Card
carrier that we send with your Card, any automatic payment plan
form, any other written documents (including any electronic record)
evidencing any transactions made under your Account, any notices
that we send to you with your Agreement, any special credit terms
disclosures in the initial solicitation letter that we sent you and any
special credit terms subsequently disclosed to you in writing, are part
of and incorporated into this Agreement. Please read and keep these
documents for your records. This Agreement begins on the earlier of
(a) the date we finally approve your Application for credit or (b) the
first date that we extend credit to you or someone authorized by you
on your Account. This Agreement includes an Agreement to
Arbitrate Claims (see "Arbitration Provision" below). Where the
terms of this Agreement differ from any special terms that we offer to
you in writing, the special terms offered will control, but all other terms
of this Agreement will remain unchanged.
ACCEPTANCE OF THIS AGREEMENT Your activation of your Card,
your use of the Account, or any payment made on the Account,
evidences your acceptance of the terms of this Agreement.
USING YOUR ACCOUNT You can use your Card to purchase or
lease goods or services (including mail, telephone and electronic
orders) from participating establishments (each a "Purchase") up to
any credit limit we may establish for you (your "Credit Limit"). You can
also use your Card to obtain a cash loan ("Cash Advance") by
presenting your Card to any institution that accepts the Card for that
purpose or by making a withdrawal of cash at an ATM. Transactions
made with your Account for things like money orders, deposits, wire
transfer money orders, travelers cheques, foreign currency and other
similar transactions, will be treated as Cash Advances. From time to
time, we may also permit you to obtain credit from us by making a
payment to another creditor of yours ("Balance Transfer") using
forms or other means provided by us. Except as otherwise
specifically provided in this Agreement, a Balance Transfer generally
is treated as a Cash Advance, but the fees that may be imposed at
the time of transfer may differ from those applicable to Cash
Advances. You may use your Account only for personal, family, or
household purposes. You may not use your Card or your Account for
any illegal transaction or any gambling transaction. We may decline
transactions for any reason, including, but not limited to, operational
matters, default, or suspected fraudulent or unlawful activity.
Transactions above a certain dollar amount may require
authorization by us before the transaction can be approved. We will
not be liable for the failure to authorize credit because of operational
difficulties or mistakes. We may limit the number and amount of
transactions approved in one day for security reasons, without any
liability to you. We are not responsible for any losses associated with
a declined transaction.
HONORING YOUR CARD We are not liable if a merchant, ATM or
other institution does not honor your Card, or if your Card
malfunctions.
PROMISE TO PAY You agree to be bound by the terms and
conditions of this Agreement. You promise to pay for all Purchases,
Cash Advances, Balance Transfers and all other amounts owed to us
under the terms of this Agreement. You promise to make all
payments in U.S. dollars and to submit for payment of your Account
only checks or other items drawn on U.S. financial institutions.
YOUR CREDIT LIMIT You agree not to use your Account in any way
that would cause you to go over your Credit Limit. We may refuse to
authorize or accept any transaction on your Account that would
cause you to exceed your Credit Limit. We may establish different
Credit Limits for different features of your Account in addition to a
general (total) Credit Limit. If you exceed your Credit Limit, you must
pay us the excess amount promptly. We reserve the right not to
increase your available credit by the amount of any payment
received, for a period of up to four (4) business days from the date of
receipt to provide for processing and verification. Processing speeds
can vary depending on how your payment is cleared.
Your Account represents a continuing offer to extend further credit to
you which may be withdrawn at any time. We reserve the right to
change (to set, increase, decrease or remove) the Credit Limit for
your Account from time to time in accordance with this Agreement
and applicable law. Certain changes in your Credit Limit may occur
without prior written notice to you and may be based upon factors
including, but not limited to, anti-fraud policies and procedures, your
record of making timely payments and staying within your
established Credit Limit, your credit score and information contained
in your credit report and your proper maintenance of any checking
account used to make automatic payments, if applicable.
If finally approved for an Account, your initial Credit Limit(s) will
appear on your Card carrier. Your current Credit Limit(s) can be found
on your Statement or provided upon request. We do not accept
Credit Limit increase requests.
You have the right to receive an answer to a written inquiry
concerning the status of your Account.
SPECIAL TERMS From time to time we may offer special terms in
connection with your Account. These special terms may be limited to
certain qualifying transactions. The period of time that special terms
may be available may be limited. Information specific to any special
terms will be provided at the time of offer. If you use your Account to
enter into a qualifying transaction, you will be deemed to have
acknowledged and agreed to the terms disclosed at the time of the
offer, which terms may modify or differ from the regular terms of this
Agreement. No formal amendment of this Agreement will be
necessary and all terms of this Agreement will remain applicable
except those inconsistent with the disclosed special terms of the
offer. If at any time you fail to comply with the terms of this Agreement
as modified by the special terms of an offer or are otherwise in default
of any obligation you owe us, then we may, in our sole discretion,
immediately terminate any special offer terms. We will notify you of
the termination of any special terms if (and as) expressly required by
law.
DEFAULT Unless prohibited by applicable law, you will be in default
under this Agreement if you: (i) do not make at least the Minimum
Payment required from time to time on or before its Payment Due
Date; (ii) exceed your Credit Limit without permission; (iii) tender a
payment on your Account and your payment is returned to us unpaid
or otherwise rejected for any reason; (iv) become subject to
bankruptcy or insolvency proceedings; (v) become subject to
attachment or garnishment proceedings; (vi) give us any misleading,
false, incomplete or incorrect information or false or fraudulent
signature; (vii) die; or (viii) fail to comply with any term of this
Agreement or any other agreement that you have with us. Subject to
any notice of default and right to cure or other limitation of applicable
law, if you are in default, we may, in addition to any other rights that
we may have under this Agreement: (a) reduce your Credit Limit or
cancel your Account; (b) require you to pay your entire Account
balance (including accrued but unpaid interest and any other fees
and charges provided for in this Agreement) immediately; and/or (c)
bring an action to collect all amounts owed.
You agree to pay, to the greatest extent not prohibited by law, our
reasonable attorneys' fees and any collection costs and
disbursements and court fees related to the collection of your
Account.
CANCELLATION We may cancel your Account, refuse to allow
further transactions, offer credit on different terms or adjust the
amount of credit available to you at any time, with or without cause,
subject to applicable limitations of law. We may terminate further
transactions on your Account without notice if you change your
address to a jurisdiction in which we do not make credit available at
that time. You may close your Account by writing to us at Account
Services, P.O. Box 105555 Atlanta, GA 30348-5555. The terms of
this Agreement will continue to apply to any balance that you owe us
until you have paid everything you owe, including any interest and
fees due. Account cancellation may adversely affect your credit
history.
STATEMENTS We will send you a Statement for each monthly billing
cycle in which (i) the balance of your Account (including unpaid
Purchases, Cash Advances and any Balance Transfers, interest and
other fees and charges) on the last day of that billing cycle (the "New
Balance") is greater than $1 (debit or credit); (ii) we impose interest
or a fee; (iii) there is any other activity on your Account; or (iv) as
otherwise required by applicable law. Your Statement will show,
among other things, the total minimum payment you must make
during the billing cycle (the "Minimum Payment") and the date that
the Minimum Payment is due (the "Payment Due Date").
PAYMENT REQUIREMENTS AND CREDITING
Minimum Payment You agree to pay at least the Minimum Payment
shown on your Statement by the Payment Due Date shown on the
Statement. You may at any time pay off your entire balance in full
or more than the Minimum Payment due without incurring any
additional charge. We reserve the right to change your Minimum
Payment requirement from time to time. The Minimum Payment due
each month will be an amount equal to (a) (i) 1% of your total
outstanding Account balance on the Closing Date, which is shown on
your statement as the "New Balance" or (ii) $10, whichever is greater,
plus (b) current interest and fees plus (c) the greater of (i) any past
due amount or (ii) any amount by which your New Balance exceeds
your Credit Line. If your New Balance is less than your Minimum
Payment, your New Balance is due in full. You may at any time make
additional payments without penalty.
Authorization Agreement for Automatic Payments If you enrolled
in the Automatic Payment Plan, you acknowledge and agree to the
following: (1) You authorize us to initiate electronic funds transfers
(EFTs) by debit entries drawn on the bank account, debit or credit
card you have identified to us in your application for this Account or
any other account that you identify to us from time to time ("Bank
Account") in the amount of your required Minimum Payments or in
any fixed amount that you specify, as modified by you from time to
time. To avoid additional charges, in any month in which any
designated fixed payment amount is less than your Minimum
Payment due, you understand and agree that we may deduct or
withdraw your entire Minimum Payment rather than the designated
fixed payment amount. If your New Balance is less than the fixed
amount you designate, only the New Balance will be deducted. If you
have a Deferred Interest Plan and you enroll in our Automatic
Payment Plan, you will need to make one or more additional
payments by mail or by phone to avoid interest. See Deferred
Interest Balances below. You have the right to receive notice of all
electronic fund transfers from your Bank Account that vary in amount,
and by enrolling, you agree that your monthly statement will serve as
your notice of the amount of your monthly payment. You may change
the amount to be deducted or withdrawn at any time. Your new
monthly payment will be effective within 3 business days of our
receipt of your instruction. (2) We will initiate authorized EFTs each
month on or after the Payment Due Date shown on your monthly
statement. (3) You agree that in the event any debit is rejected or
dishonored we may reinitiate the debit card account once. (4) You
have provided us with all necessary information for the Bank Account
that you wish us to debit and the Bank Account on which the
Automated Clearing House (ACH) debit is authorized, is a legitimate,
open and active account. You agree to notify us promptly if this
information changes. (5) The origination of ACH transactions must
comply with the provisions of U.S. law. (6) Once enrolled, automatic
payments will continue until you notify us that you wish to terminate
your enrollment in the Automatic Payment Plan, or until we terminate
your enrollment. You may terminate your enrollment by calling
Customer Service at the telephone number shown on your monthly
statement. You must give any notice of termination in such a manner
and sufficiently in advance to allow us and your financial institution a
reasonable opportunity to act. We may terminate your enrollment if
you fail to keep your Account or your Bank Account in good standing.
Delinquency or closure of either account, for any reason, may result
in immediate termination of your enrollment in the Automatic
Payment Plan. Also, if there are insufficient funds in your Bank
Account to process any payment, your enrollment in the Automatic
Payment Plan may be terminated immediately. (7) We are not
responsible for any fees that may be charged by your depository
institution as the result of your participation in the Automatic Payment
Plan. (8) You have the right to review your accounts and to withdraw
any privileges previously granted. (9) Participation in the Automatic
Payment Plan is not a requirement of continuing credit under your
Account. Enrollment in the Automatic Payment Plan is optional.
Right to Stop Payment and Procedure For Doing So: If you have
scheduled monthly payments through the Automatic Payment Plan,
you can tell us to stop any of these payments by calling Customer
Service at the telephone number shown on your monthly statement,
by sending an e-mail to cs@fortivaservicing.com or by writing to us at
Customer Service--Automatic Payment Plan Department, P.O. Box
105555, Atlanta, GA 30348-5555. If you send us an email or write to
us, your request must reach us at least 5 business days before the
scheduled Payment Due Date. If you call us, we may require you to
put your request in writing and to deliver your request to us within 14
days after you call. We may charge you a fee for each stop payment
request that you give us. If you tell us to stop a payment at least 5
business days before the Payment Due Date and we do not stop
payment, we will be liable for your losses or damages.
Alternative Payment Methods If you know that we will be unable to
process a scheduled automatic payment for any reason, then to
avoid a late payment charge, you must promptly send a certified
check or money order to the "Payment Address" shown on the front
of your monthly statement, or, if offered, you may take advantage of
any pay by phone or on line payment service that we may make
available to you from time to time. If you make an alternative payment
by postal mail or by pay by phone or on line service while you are
enrolled in an Automatic Payment Plan, we may treat such payment
as an additional payment and process your next Automatic Payment
Plan payment as scheduled or may reduce your next Automatic
Payment Plan payment by the amount of any such additional
payment received.
Instructions for Mailed Payments If you pay by check or other
written instrument, all payments, except disputed amounts, must be
mailed or delivered to us at the address for payments shown on your
monthly statement. Payments received at the address on the
payment coupon by 5:00 p.m. Eastern Time, Monday through
Friday (except legal holidays) will be credited to your Account as of
the date received. Payments must be received with the payment
coupon (bottom portion) of your statement in the enclosed return
envelope. If payments are received at any other location or without
your payment coupon, crediting of those payments to your Account
may be delayed. Payments must be made to Payment
Processing, P.O. Box 790156, St. Louis, MO 63179-0156, or any
other address designated by us.
Notice About Electronic Check Conversion. By providing a paper
check as payment, you authorize us to use information from your
check to make a one-time electronic fund transfer from your account
or to process the payment as a check transaction. When we use the
information from your check to make an electronic fund transfer,
funds may be withdrawn from your account as soon as the same day
we receive your payment, and you will not receive your check back
from your financial institution.
Application of Payments Subject to the requirements of applicable
law, we will apply payments first to unpaid interest, fees and other
charges, then to Cash Advance transactions in the order in which
they are posted to your Account and finally to Purchase transactions
in the order in which they are posted to your Account. We may apply
payments to balances subject to special terms (including Balance
Transfers, convenience checks and other promotions) prior to
non-promotional balances.
Disputed Payments-Postdated Checks, Restrictive Endorsement
Checks and Other Disputed or Qualified Payments You agree not
to send us partial payments marked "paid in full," "without recourse,
or similar language. If you send such a payment, we may accept it
without losing any of our rights under this Agreement. All notices
and written communications concerning postdated checks,
restrictive endorsement checks (including any check or other
payment instrument that indicates that the payment constitutes
"payment in full" of the amount owed or that is tendered with
other conditions or limitations or as full satisfaction of a
disputed amount) or any other disputed, nonconforming or
qualified payments, must be mailed or delivered to Dispute
Resolution, P.O. Box 105374, Atlanta, GA 30348-5374. We may
also accept late, postdated or partial payments without losing any of
our rights under the credit agreement governing your Account. (A
postdated check is a check dated later than the day it was actually
presented for payment.) We are under no obligation to hold a
postdated check and we reserve the right to process every item
presented as if dated the same date received by us or our check
processor unless you give us adequate notice and a reasonable
opportunity to act on it. Except where such notice and opportunity is
given, you may not hold us liable for depositing any postdated check.
INTEREST
Interest When your Account has an outstanding balance, we will
assess periodic interest using a monthly periodic rate of interest. The
monthly periodic rate is determined by dividing the annual
percentage rate ("APR") by 12. Your APRs, and corresponding
monthly periodic rates, will vary with the market based on the Prime
Rate, but no APR will exceed an annual percentage rate of 36%. We
may also impose a per-transaction interest charge on each Cash
Advance (Cash Advance Fee), Foreign Transaction (Foreign
Transaction Fee), and Balance Transfer (Balance Transfer Fee).
Interest will be imposed in amounts or at rates not in excess of those
permitted by law.
Balance Subject To Interest We figure the interest charge on your
Account by applying the applicable monthly periodic rate to the
"average daily balance" of your Account. We calculate the average
daily balance separately for each type of balance (e.g., separately for
Purchases, for Cash Advances and for each balance subject to
special terms such as Balance Transfers). For each type of balance,
we take the beginning balance each day (including accrued but
unpaid interest charges), add new transactions and any applicable
fees, and subtract the applicable portion of any payments or credits.
This gives us the daily balance for each type of balance. Then, we
add up all the daily balances for a particular type of balance for the
billing cycle and divide the total by the number of days in the billing
cycle. This gives us the "average daily balance" for that type of
balance.
When Interest Begins To Accrue, Grace Period Except as
provided below, Purchases, Cash Advances and Balance Transfers
begin to accrue interest from the date of the transaction (or, at our
option, from the date they are posted to your Account) and continue
to accrue interest until the charge is paid in full. You will have at least
a 25 day grace period ("Grace Period") on Purchases. This means
you have at least 25 days from the closing date on your monthly
statement to pay for new Purchases before we charge interest on
them. However, the Grace Period will apply only in billing periods
when (1) you paid the previous balance in full or (2) you had a
previous balance of $0.00 or a credit balance. (The previous balance
is the balance identified as the New Balance on the monthly
statement for the previous billing period, subject to subsequent
adjustment, as appropriate.) When the Grace Period applies, we will
not impose interest on (1) any new Purchases if we receive the
appropriate full New Balance on the monthly statement for that billing
period by the due date shown on that statement or (2) the portion of
the Purchase balance repaid if we receive only part of the New
Balance by the due date. There is no time period within which you
can avoid interest on Cash Advances or Balance Transfers.
Deferred Interest Balances If you make a purchase under a special
Deferred Interest Plan promotion, we will calculate interest for each
cycle as described above. To avoid such interest you must pay the
total purchase amount and accrued fees and charges that are
subject to deferred interest ("Promotional Balance") in full by the last
day of the promotional period as shown in the Deferred Interest
Charge Calculation notice on the front of your monthly statement.
Making only minimum monthly payments during the promotional
period will not pay off your Promotional Balance by the last day of the
promotional period. If you do not pay your Promotional Balance in full
by such date, then the interest that has accrued from the date of
purchase through and including the last day of the promotional period
(Deferred Interest Charge) will be added to your regular Purchase
balance.
FEES
The following fees may be added to your Account:
Annual Fee You agree to pay an Annual Fee of $175 upon account
opening and $49 annually thereafter. We will impose the Annual Fee
on your first monthly statement and thereafter on the anniversary
date of your Account until your Account is terminated or cancelled,
whether or not you incur any interest charges on the Account. The
Annual Fee is not refundable, except as provided below or as
otherwise required by applicable law. Annual Fees will reduce the
amount of credit you initially have available for use.
Account Maintenance Fee After the first year, your Account will be
assessed a monthly maintenance fee, which will be billed to your
Account at $12.50 per month as long as you have an outstanding
balance. No Account Maintenance Fee will be billed in the first 12
months your Account is open. Your payment of the Account
Maintenance Fee does not affect our right to close your Account or
our ability to limit transactions on your Account.
Cash Advance Fee Each time you obtain a Cash Advance, we will
impose a per transaction fee of the greater of (i) $5 or (ii) 5% of each
cash advance. This fee is deemed additional interest and will be
added to your Cash Advance balance.
Foreign Transaction Fee Your Account will be assessed a foreign
currency transaction fee equal to 3% of any transaction made in a
foreign currency that is converted to U.S. Dollars. This fee is deemed
additional interest.
Balance Transfer Fee If we allow a Balance Transfer, each time you
transfer a balance we will impose a per transaction fee of 3% of the
amount of each Balance Transfer. This fee is deemed additional
interest and will be added to your Balance Transfer balance.
Late Payment Fee If you fail to make a timely payment, you agree to
pay a Late Payment Fee of up to $37 for payments that are over 15
days late. For PR residents, the lesser of $15 or 5% of the payment
due for payments that are over 15 days late. No Late Payment Fee
will exceed the amount of the related missed payment.
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 of up to $37. In no event will the Returned
Payment Fee exceed the amount of the refused or returned payment.
REFUND OF INTEREST AND FEES We will credit all interest and
fees to your Account if you close your account within 30 days of
receiving your initial Agreement and you make no charges to your
Account. After such 30 day period, interest and fees generally are no
longer avoidable or refundable and you will be responsible for paying
all interest and fees charged to your Account.
CONSENT TO RECEIVE ELECTRONIC DISCLOSURES If, when
you applied for your Account or accepted an offer and verified your
eligibility for an Account, you agreed to receive electronic notices and
disclosures in connection with your Account (whether at an electronic
mail address that you provided in your Application, at a website that
we designate or otherwise), then, to the extent not prohibited by law,
we may send notices concerning the availability of Statements and
other notices and disclosures to you at the electronic mail address
that you provided in your Application, any updated electronic mail
address that you provide to us in writing, or on a website that we
designate or otherwise, as mutually agreed. If you subsequently
choose to receive notices and disclosures by postal mail rather than
electronically, then you agree to provide us with an updated postal
address in a timely manner to allow us to comply with any applicable
requirements of law.
MONITORING AND RECORDING To ensure that you receive quality
service, you agree that we may monitor and record all phone calls.
These calls, between you and our representatives, are evaluated by
supervisors. It is our goal to provide prompt, consistent assistance
and deliver accurate information in a professional manner.
COMMUNICATING WITH YOU; CONSENT TO CONTACT BY
ELECTRONIC AND OTHER MEANS We may contact you for any
lawful reason, including for the collection of amounts owed to us and
for the offering of products or services in compliance with our Privacy
Notice in effect from time to time. No such contact will be deemed
unsolicited. To the greatest extent not prohibited by applicable law,
we may (i) contact you at any address or telephone number
(including wireless cellular telephone, VolP or ported landline
telephone number) that you may provide to us from time to time; (ii)
use any means of communication, including, but not limited to, postal
mail, electronic mail, telephone or other technology, to reach you; (iii)
use automatic dialing and announcing devices which may play
recorded messages; and (iv) send text messages to your telephone.
You may contact us at any time to ask that we not contact you using
any one or more methods or technologies.
NOTICE OF CHANGES IN YOUR ELECTRONIC MAIL,
TELEPHONE NUMBER OR OTHER INFORMATION You agree to
notify us promptly of any change in your electronic mail address, your
postal address, your home telephone number, place of employment
or other information provided in your Application or otherwise
provided to us from time to time, including porting a landline
telephone number to a cellular number or VolP, by writing to us at
Account Services, P.O. Box 105555, Atlanta, GA 30348-5555 or by
calling us at 1-877-785-7908.
CHANGES IN TERMS We may, at any time in accordance with
this Agreement and subject to the requirements of applicable
law: (i) terminate this Agreement; (ii) terminate your right to
make future Purchases or take future Cash Advances or
Balance Transfers; (iii) change your Credit Limit; or (iv) add new
terms or delete or change any terms and conditions of this
Agreement relating to your Account (including changing from a
variable to a non-variable periodic rate, increasing any rate of
interest, increasing or adding fees or charges, changing the
method of computing the balance upon which interest is
assessed or changing the date upon which interest begin to
accrue). Changes that are favorable to you may be made at any
time without prior notice. Changes in terms may be based upon
factors including, but not limited to, anti-fraud policies and
procedures, your record of making timely payments and staying
within your established Credit Limit on your Account with us,
your credit score and information contained in your credit
report and your proper maintenance of any checking account
used to make your automatic payments, if applicable.
When required by applicable law, we will provide you with written
notice of a new or deleted term or change in terms and offer you the
right to reject terms in the manner specified at the time of notice. No
new term or change in the terms of this Agreement will affect your
obligation to pay all amounts owing under this Agreement.
ASSIGNMENT; TRANSFER We may sell, assign or transfer all or
any portion of your Account and all or any portion of our rights under
this Agreement to any other person without prior notice to you. You
may not sell, assign or transfer any of your rights under this
Agreement.
LOST CARDS AND UNAUTHORIZED USE Contact us at once if
you believe your Card has been lost or stolen. Telephoning is the best
way to minimize your possible losses. If you believe that your Card
has been lost or stolen, or that someone has made a Purchase on or
transferred or may transfer money from your Account without your
permission, call us at 1-877-785-7908. Under MasterCard Rules,
your liability for unauthorized MasterCard transactions on your
Account is $0 if you notify us within two (2) business days and you
exercise reasonable care in safeguarding your Card from loss, theft
or unauthorized use. This reduced liability does not apply if a PIN is
used as the method of verification for a disputed transaction or you
have reported two (2) or more incidents of unauthorized use in the
immediately preceding twelve (12) month period. If you notify us
within two (2) business days of any unauthorized transactions, you
can lose no more than $50 if someone used your Card without your
permission. If you do not notify us within two (2) business days after
you learn of the loss or theft of your Card and we can prove that we
could have stopped someone from using your Card without your
permission if you had promptly notified us, you could lose as much as
$500. Also, if you become aware of or your statement shows
transactions that you did not make, notify us at once following the
procedures stated in the Billing Rights Notice found at the end of this
Agreement. If you do not notify us in writing within sixty (60) days
after you become aware of the transaction and/or after the statement
was made available to you, you may not get back any value you lost
after the sixty (60) days if we can prove that we could have stopped
someone from taking the value if you had notified us in time and you
are grossly negligent or fraudulent in the handling of your Card. If
your Card has been lost or stolen, we will close your Card Account to
keep losses down.
CREDIT REPORTS AND INFORMATION
Credit Reports You authorize us to make or have made any credit,
employment or other investigative inquiries we deem appropriate to
renew, review or collect amounts owed to us on your Account. We
also may obtain follow-up credit reports on you for any lawful purpose
as long as you have an outstanding balance.
Notice of Information Reporting 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.
Information Sharing You acknowledge and agree that we may
share information about you with others in accordance with our
Privacy Notice (a copy of which we will provide to you and may be
obtained from www.FortivaCardServicing.com as it is in effect from
time to time).
Notice of Inaccurate Information If you believe that we have
information about you that is inaccurate or that we have reported or
may report to a credit reporting agency information about you that is
inaccurate, please notify us of the specific information that you
believe is inaccurate by writing to us at Account Services, P.O. Box
105555, Atlanta, GA 30348-5555.
ARBITRATION PROVISION (AGREEMENT TO ARBITRATE
CLAIMS)
Except as otherwise stated below, if you or we so choose, any Claim
(as defined below) will be resolved by binding arbitration pursuant to
(a) this Arbitration Provision and (b) the Code of Procedure of the
national arbitration organization to which the Claim is referred (as in
effect when the Claim is filed). Claims will be referred to either
Judicial Arbitration and Mediation Services ("JAMS") or the American
Arbitration Association ("AAA"), as selected by the party electing to
use arbitration. Streamlined arbitration procedures will be used if
available. If a selection by us of one of these organizations is
unacceptable to you, you have the right, within 30 days after you
receive notice of our election, to select the other organization listed to
serve as arbitration administrator. For purposes of this Arbitration
Provision, "Claim" means any claim, dispute or controversy (whether
in contract, tort, or otherwise), past, present or future, (collectively,
"Claims") as further described below. (If for any reason a selected
organization cannot, will not or ceases to serve as an arbitration
administrator, you or we may substitute another widely recognized
arbitration organization that uses a similar code of procedure and is
mutually acceptable to the parties.)
Right To Reject Arbitration. You may reject this Arbitration
Provision. If you do so, neither you nor we will have the right to
engage in arbitration. Rejecting this Arbitration Provision will have
no effect on any of the other provisions in this Agreement. To reject
this Arbitration Provision, you must send us your written rejection
within 60 days after we open your Account, or 60 days after any
change in terms that affects this Arbitration Provision, to Account
Services Dispute Resolution, P.O. Box 105096, Atlanta, GA
30348-5096; ATTN: Consumer Credit Arbitration. In your letter, you
must give us the following information: Name, Address and Account
number. The right to reject granted here applies solely to this
Arbitration Provision, and not to any other provision of this
Agreement, or to any other agreement with us. In the event of a
dispute over whether you have provided a timely rejection notice, you
must provide proof of delivery. Neither party may elect to arbitrate an
individual Claim brought in small claims court (or your state's
equivalent court, if any). However, if a Claim that is brought in small
claims court is transferred or appealed to a different court, either
party may elect arbitration.
Significance of Arbitration; Limitations and Restrictions. IF YOU
OR WE CHOOSE TO RESOLVE A CLAIM BY BINDING
ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT
TO (i) HAVE A COURT OR JURY DECIDE THE CLAIM BEING
ARBITRATED (ii) ENGAGE IN PRE ARBITRATION DISCOVERY
(THAT IS, THE RIGHT TO OBTAIN INFORMATION FROM THE
OTHER PARTY) TO THE SAME EXTENT THAT YOU OR WE
COULD IN COURT, (iii) PARTICIPATE AS A REPRESENTATIVE
OR MEMBER OF ANY CLASS OF CLAIMANTS IN A CLASS
ACTION, IN COURT OR IN ARBITRATION, RELATING TO ANY
CLAIM SUBJECT TO ARBITRATION OR (iv) JOIN OR
CONSOLIDATE CLAIMS OTHER THAN YOUR OWN OR OUR
OWN. OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE
AVAILABLE IN ARBITRATION.
Except as set forth below, the arbitrator's decision will be final
and binding. Only a court may decide the validity of items (iii) and
(iv) above. If a court holds that items (iii) or (iv) are limited, invalid or
unenforceable, then this entire Arbitration Provision will be null and
void. You or we can appeal any such holding. If a court holds that any
other part(s) of this Arbitration Provision (other than items
(iii) and (iv)) are invalid, then the remaining parts of this Arbitration
Provision will remain in force. An arbitrator will decide all other issues
pertaining to arbitrability, validity, interpretation and enforceability of
this Arbitration Provision. The decision of an arbitrator is as
enforceable as any court order and may be subject to very limited
review by a court. An arbitrator may decide a Claim upon the
submission of documents alone, or a party may request a telephonic
hearing if permitted by applicable rules. The exchange of
non-privileged information relevant to the Claim, between the parties,
is permitted and encouraged. Either party may submit relevant
information, documents or exhibits to the arbitrator for consideration
in deciding a Claim.
Broad Meaning of "Claims." The term "Claims" in this Arbitration
Provision is to be given the broadest possible meaning and includes
(by way of example and without limitation) Claims arising from or
relating to (i) the application for or issuance of your Account, (ii) use,
terms, change in terms or addition of terms, closing or collection of
your Account or this Agreement, (iii) advertisements, promotions or
oral or written statements related to your Account, including any
Claims regarding information obtained by us from, or reported by us
to, credit reporting agencies or others, (iv) Claims between you and
our parent corporations, wholly or majority owned subsidiaries,
affiliates, predecessors, successors, assigns, agents, independent
contractors, employees, officers, directors or representatives arising
from your Account or this Agreement and (v) Claims regarding the
validity, enforceability or scope of this Arbitration Provision or this
Agreement.
Arbitration Procedure and Costs. For a copy of relevant codes of
procedure, to file a Claim or for other information about JAMS and
AAA, write them, visit their web site or call them at: (i) for JAMS, 1920
Main Street, Suite 300, Irvine, CA 92614 or info@jamsadr.com,
http://www.jamsadr.com, 1-800-352-5267; or (ii) for AAA, 1633
Broadway, 10th Floor, New York, NY 10019 or websitemail@adr.org,
http://www.adr.org, 1-800-778-7879. If either party fails to submit to
arbitration following a proper demand to do so, that party will bear the
costs and expenses, including reasonable attorneys fees, incurred by
the party compelling arbitration. Any physical arbitration hearing that
you attend will be held in the federal judicial district where you live at
the time the Claim is filed. The party initiating the arbitration will pay the
filing fee. You may seek a waiver of the initial filing fee or any other fees
incurred in arbitration. If you seek, but do not qualify for, a waiver, we
will consider any written request by you for us to pay or reimburse you
for all or part of such fees. Each party will pay for its respective
attorneys', experts' and witness fees, regardless of which party
prevails in the arbitration. A party may recover any or all expenses
from another party if the arbitrator, applying applicable law, so
determines. Allocation of fees and costs relating to appeals in
arbitration will be handled in the same manner. For an explanation and
schedule of the fees that apply to an arbitration proceeding with JAMS,
please visit http://www.jamsadr.com/rules-streamlined-arbitration; for
AAA, visit http://www.adr.org/consumer arbitration. The appropriate
fee schedule in effect from time to time is hereby incorporated by
reference into this Arbitration Provision. The cost of arbitration may
be higher or lower than the cost of bringing your Claim in court,
depending upon the nature of your Claim and how the arbitration
proceeds. Having more than one Claim and holding face to face
hearings can increase the cost of arbitration. Again, neither you nor
we will be permitted to arbitrate claims on a class wide (that is, on
other than an individual) basis. An arbitration proceeding can decide
only your or our Claims. You cannot join other parties (or consolidate
Claims) except with respect to persons who use your Account.
Governing Law for Arbitration. This Arbitration Provision is made
pursuant to a transaction involving interstate commerce, and will be
governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1 et
seq., as amended, notwithstanding any other governing law provision
in this Agreement. The arbitrator will apply applicable substantive law
consistent with the FAA and applicable statutes of limitations and will
honor claims of privilege recognized at law. Judgment upon any
arbitration award may be entered and enforced, including without
limitation by garnishment, attachment, foreclosure or other post
judgment remedies, in any court having jurisdiction. The arbitrator's
decision will be final and binding, except for any right of appeal
provided by the FAA, in which case any party can appeal the award
to a three arbitrator panel administered by the selected arbitration
administrator. The panel will reconsider de novo (that is, without
deference to the ruling of the original arbitration) any aspect of the
initial award requested by the appealing party.
Continued Effect of Arbitration Provision. This Arbitration
Provision will continue to govern any Claims that may arise without
regard to any termination or cancellation of your Account. If any
portion of this Arbitration Provision (other than the provisions
prohibiting class wide arbitration, joinder or consolidation) is deemed
invalid or unenforceable under the FAA, it will not invalidate the
remaining portions of this Arbitration Provision. If a conflict or
inconsistency arises between the code of procedures of the selected
arbitration administrator and this Arbitration Provision, this Arbitration
Provision will control.
DELAY IN ENFORCEMENT We can delay or waive enforcing any of
our rights under this Agreement or under applicable law without
losing any of those rights or any other rights. Even if we do not
enforce our rights or remedies at any one time, we may enforce them
at a later time.
SEVERABILITY Except as otherwise expressly provided in the
Arbitration Provision, if any provision of this Agreement is finally
determined to be void or unenforceable under applicable law, rule or
regulation, all other provisions of this Agreement shall still be valid
and enforceable. Certain provisions of this Agreement are stated as
being subject to applicable law. Such provisions may be void,
unenforceable or inapplicable in some jurisdictions.
ENTIRE AGREEMENT This Agreement, including any other written,
oral or electronic document incorporated into and made a part of this
Agreement, is the entire agreement between you and us relating to
your Account and supersedes any other prior or contemporaneous
agreement between you and us relating to your Account. If there is
any conflict between any one of these documents and this
Agreement, the terms of this Agreement control. This Agreement
may not be amended except in accordance with the other provisions
of this Agreement.
GOVERNING LAW FOR CREDIT This Agreement, and any claim,
dispute or controversy (whether in contract, tort, or otherwise)
at any time arising from or relating to this Agreement, are
governed by and construed in accordance with applicable
federal law and, to the extent not preempted by federal law, the
laws of Missouri (without regard to internal principles of conflict
of laws), except that the arbitration provision is governed by the
Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. The legality,
enforceability and interpretation of this Agreement and the
amounts contracted for, charged and reserved under this
Agreement will be governed by such laws. We extend credit
pursuant to Section 408.145 of the Missouri Revised Statutes.
You agree that this loan is made, executed and delivered in
Missouri and that we make all credit decisions, open all
accounts and issue all proceeds from, impose all fees and
charges in, and receive all payments in our offices in Missouri.
YOU
ACKNOWLEDGE
THAT
YOU
HAVE
RECEIVED
(ELECTRONICALLY OR OTHERWISE) AN EXACT, COMPLETELY
FILLED IN, LEGIBLE COPY OF THIS AGREEMENT, HAVE READ
IT AND AGREE TO ITS TERMS.
NOTICE TO THE BUYER
1. DO NOT SIGN THIS BEFORE YOU READ IT OR IF IT
CONTAINS ANY BLANK SPACES.
2. YOU ARE ENTITLED TO AN EXACT, COMPLETELY FILLED
IN COPY OF THE AGREEMENT YOU SIGN.
3. YOU HAVE THE RIGHT TO PAY, IN ADVANCE, THE FULL
AMOUNT DUE.
CA RESIDENTS: Interest is compounded on unpaid amounts.
MO RESIDENTS: Oral agreements or commitments to loan
money, extend credit or to forbear from enforcing repayment of
a debt including promises to extend or renew such debt are not
enforceable. To protect you (borrower) and us (creditor) from
misunderstanding or disappointment, any agreements we reach
covering such matters are contained in this writing, which is the
complete and exclusive statement of the agreement between us,
except as we may later agree in writing to modify it.
NH RESIDENTS: This Agreement provides for reasonable attorneys'
fees to be awarded to us in an action against you involving this
Agreement. Reasonable attorney's fees will be awarded to you if you
prevail in any action, suit or proceeding brought by us; or an action
brought by you. If you successfully assert a partial defense or set-off,
recoupment or counterclaim to an action brought by us the court may
withhold from us the entire amount or such portion of the attorney
fees as the court considers equitable.
NJ 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.
MD RESIDENTS: You have the right under Section 120510 of the
Commercial Law Code to receive an answer to your written inquiry
regarding the status of your account.
NY RESIDENTS: RETAIL INSTALMENT CREDIT AGREEMENT
BUYER/CARDHOLDER Your name and address, our name and
address and the date on any Application or any other document or
record you sign in connection with your Account are incorporated
here and made a part of this Agreement and represent your name
and address, our name and address, and the date on this
Agreement. An electronic record of your request for or acceptance of
an Account or the consummation of a sales transaction under this
Agreement can represent your signature on this Agreement.
CREDITOR /s/ MID AMERICA BANK AND TRUST COMPANY,
Rolla, MO
Rev. Date: June 2016
BILLING RIGHTS NOTICE
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:
Account Services Dispute Resolution
P.O. Box 105374
Atlanta, GA 30348-5374
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. 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 at:
Account Services Dispute Resolution
P.O. Box 105374
Atlanta, GA 30348-5374
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.
F03-W121-0-0816