KINECTA FEDERAL CREDIT UNION 

KINECTA MYPRO MASTERCARD 
BUSINESS CREDIT CARD AGREEMENT AND DISCLOSURE 

IMPORTANT – Retain for your records 
Effective: 4/01/2019

CARD AGREEMENT 

This Kinecta MyPro MasterCard Business Credit Card Agreement and Disclosure (“Agreement”) is your contract with us. The 
Pricing Information Table below is a part of this Agreement and shows important information about your Account, such as your 
Annual Percentage Rate and certain fees. Any amendments to this Agreement are also part of this Agreement. Please read all parts 
of this Agreement and keep it for yourrecords. 

PRICING INFORMATION TABLE 

Interest Rates and Interest 
Charges 

Annual Percentage Rate (APR) 
for Purchases 

9.99% to 18.00% when you open your account, based on your
creditworthiness. After that, your APR will vary with the market based on the Prime Rate. 

APR for Balance Transfers 

9.99% to 18.00% when you open your account, based on your creditworthiness.

After that, your APR will vary with the market based on the Prime Rate. 

APR for Cash Advances 

11.99% to 18.00% when you open your account, based on your creditworthiness. 

After that, your APR will vary with the market based on the Prime Rate. 

Penalty APR and When it 
Applies 

18.00% 

This APR may be applied to your account if you: 
1) Make a latepayment;
2) Go over your credit limit twice in a six monthperiod
3) Make a payment that isreturned.
How Long Will the Penalty APR Apply?: If your APRs are increased for any of these 
reasons, the Penalty APR will apply until you make six (6) consecutive minimum payments 
when due. 

Paying Interest 

Your due date is at least 25 days after the close of each billing cycle. We will not charge you 
interest on purchases and balance transfers if you pay your entire balance by the due date 
each month. We will begin charging interest on cash advances on the transaction date. 

Minimum Interest Charge 

If you are charged interest, the charge will be no less than $1.00. 

For Credit Card Tips from the 
Consumer Financial Protection 
Bureau 

To learn more about factors to consider when applying for or using a credit card, visit the 
website of the Consumer Financial Protection Bureau at 
http://www.consumerfinance.gov/learnmore 

Fees 
Annual Fee 

None 

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Transaction Fees 

•

•

•

Balance Transfer

3% of the amount of each transfer ($10 minimum) 

Cash Advance

3% of the amount of each cash advance or $10, whichever is greater ($100 maximum) 

Foreign Transaction

1.0% of each transaction in U.S. dollars. 

Penalty Fees 

•

•

Late Payment

Returned Payment

Up to $20 

Up to $25 

How We Will Calculate Your Balance: We will use a method called “average daily balance (including new purchases).” 

Loss of Introductory APR: We may end your introductory APR and apply the Penalty APR if you make a late payment. 

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided at the end of this 
Agreement. 

Index 

Details About Your Interest 
Rates and Interest Calculations 
Purchases 
3.25%
Balance Transfers 
3.25%
Cash Advances 
3.25% 
n/a 
Penalty APR 
(M) = Monthly periodic rate. A monthly periodic rate is the APR divided by 12.

6.74 -14.99% 
6.74 -14.99% 
8.74 – 16.99% 
n/a 

Margin 

Periodic Rate 

0.83 – 1.50% (M)
0.83 – 1.50% (M)
1.00 – 1.50% (M)
1.5% 

Corresponding Annual 
Percentage Rate (APR) 
9.99 – 18.00% 
9.99 – 18.00% 
11.99 – 18.00% 
18.00% 

The following definitions apply to this Agreement: 

DEFINITIONS 

• ACCOUNT: The line of credit associated with your Kinecta MyPro MasterCard Business Credit Card Account with us.
• ACCOUNT  BALANCE:  All  authorized  charges,  plus  any  finance  charges  assessed  on  your  Account,  plus  any  other  fees

and charges which you owe to us under the terms of this Agreement.

• AUTHORIZED USER: (1) In the case of a corporation, partnership, or limited liability entity, those individuals authorized
and required to sign the credit application; (2) in the case of a sole proprietorship, the owner(s); or (3) those other individuals
designated  in  the  credit  application  as  authorized  to  use  Cards  SM  and  obtain  advances.  Such  individuals  must  agree  to
execute other forms of signature identification as may be requiredbyus.
BILLING  PERIOD:  The  period  of  time  between  each  date  when  we  create  a  periodic  statement  for  your  Account.    A
Billing  Period  is  usually  28-33  days.  For  each  Billing  Period,  your  statement  will  show  any  Transactions,  other  charges,
payments and other credits posted during that BillingPeriod.

•

• CARD: The Kinecta MyPro MasterCard Business Credit Card issued to you (and any duplicates and renewals we may issue)

used to access your Account to obtaincredit.

• GUARANTOR: Each person identified in the credit application as a personal orcorporate guarantor.
•

LATE PAYMENT: A payment is late if you do not pay at least an amount equal to the Minimum Monthly Payment by the
Payment Due Date.

• RETURNED PAYMENT: A payment that is not honored by your financialinstitution.
•
TRANSACTION: A Purchase, Balance Transfer or Cash Advance, asapplicable.
• YOU, YOUR, YOURS and THE BUSINESS: (1) The business on whose behalf the related Kinecta Federal Credit Union
business  credit  card  application  or  other  written  document  (including  an  electronic  record)  that  you  signed  or  otherwise
submitted for this Account was submitted and (2) each and every person who signed the business credit card application.

• WE, US, OUR and CREDIT UNION:  KINECTA FEDERAL CREDITUNION.

YOUR ACCOUNT 

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BINDING  AGREEMENT:  This  Agreement  takes  effect  once  you  activate  your  Card.  Even  if  you  do  not  use  your  Card,  this 
Agreement will take effect unless you contact us to cancel your Account within 30 days after we sent you this Agreement. 

ACCOUNT USE:  Your Account use is subject to this Agreement.  You represent and warrant that the Account will be used solely 
for business and commercial purposes and not for any personal, family or household purpose. We may close your Account if  we learn 
that  you  are  using  it  for  personal,  family  or  household  purposes.  You  agree  to  comply  with  all  laws,  statutes,  regulations  and 
ordinances pertaining to the conduct of your business and you agree to indemnify and hold us harmless from any damages, liabilities, 
costs, expenses (including attorneys’ fees) or other harm arising out of any violation thereof. This indemnity agreement will survive 
termination of your Account and this Agreement.  All Transactions are subject to our approval. You may use your Card to purchase 
goods  and  services  in  person,  online,  and  by  mail  or  telephone  from  merchants  and  others  who  accept  MasterCard  credit  cards.  In 
addition, you may obtain cash advances from the  Credit Union, from other financial institutions or select merchants participating in 
the MasterCard program and from automated teller machines (ATMs) that provide access to the MasterCard system. Not all merchants 
or  ATMs  provide  such  access.  You  will  need  to  use  your  Personal  Identification  Number  (PIN)  to  obtain  a  cash  advance  from  an 
ATM. A PIN may be obtained by calling (888) 891-2435. Finally, you may use your Account to transfer balances from other creditors, 
provided that we approve your request. Balance Transfers are subject to a $500 minimum transfer amount requirement. 

DELIVERY  AND  DISTRIBUTION  OF  CARDS:  All  Cards  issued  pursuant  to  this  Agreement  will  be  mailed  or  otherwise 
delivered to the address of the Business we have in our records. The Business shall be solely responsible for the distribution of Cards 
to Authorized Users. 

PROGRAM  ADMINISTRATOR:  You  agree  that  each  individual  who  signs  the  credit  application  (each  an  authorized  “Program 
Administrator”)  will  actively  manage  this  Account  and  any  services  obtained  in  connection  with  this  Agreement.  You  agree  and 
acknowledge that we may rely on all instructions and information we receive from each Program Administrator regarding the Account 
and  any  services  obtained  under  this  Agreement.  The  Program  Administrator’s  responsibilities  include  the  following:  (i)  making 
Authorized Users aware that  advances  from the  Account are  for business  use only; (ii)  ensuring timely payments; (iii) notifying  us 
immediately, and confirming in writing within three (3) business days, if an Authorized User's authority to generate advances on the 
Account has been or will be revoked (because of a termination of employment or for any other reason); (iv) using reasonable efforts to 
collect  and  dispose  of  Cards,  Checks  and  other  access  devices  from  Authorized  Users  when  authority  to  generate  advances  are 
revoked; and (v) at our request, notifying us of an Authorized User's last known address and telephone number. 

PROMISE TO PAY: You must pay us for all amounts due on your Account, including: (1) Transactions you make, even if you did 
not present your Card or sign for the Transaction; (2) Transactions an Authorized User makes; (3) Transactions that other people make 
if  you or an  Authorized User let them  use  your  Account;  and (4) any  fees and interest  charges on the  Account.  Your agreement  to 
repay us extends to the use of the Account by you or any other person you permit to use the Account, even if that person exceeds your 
permission. You cannot disclaim responsibility by notifying us, although we will close the Account if you so request. The Business is 
liable on this Agreement. This means that we may require the Business to pay all amounts due under this Agreement, including credit 
advances made by any Authorized User, even if it exceeds the authorized Credit Limit. The Cards remain our property and you must 
recover and surrender to us all Cards upon our request and/or upon termination of this Account. 

CREDIT  LIMIT  AND  CASH  ADVANCE  LIMIT:  We  assign  a  Credit  Limit  to  your  Account.  Part  of  this  Credit  Limit  may  be 
available for Cash Advances. Your Cash Advance Limit is 50% of your available credit. Your Credit Limit will be reflected on each 
periodic statement. You agree to manage your Account so that: (1) your Account Balance (including fees and charges) is not  more 
than your Credit Limit; and (2) your Cash Advance balance (including fees and charges) is not more than your Cash Advance Limit. 
However,  if  your  Account  Balance  exceeds  your  Credit  Limit  or  Cash  Advance  Limit,  you  are  still  obligated  to  pay  us.  We  may 
increase or decrease your Credit Limit at any time and we may notify you of such increase or decrease by mail or through a statement 
sent to the primary accountholder’s address of record, in accordance with applicable legal requirements. If you object to any Credit 
Limit increase,  you  must  notify  us  immediately. Only a Program  Administrator  may request a change to the Credit  Limit orally,  in 
writing,  or  electronically,  but  any  such  request  must  be  approved  by  us.  If  your  Credit  Limit  is  increased,  you  are  immediately 
responsible for the new Credit Limit and any increase in the Account Balance even when it differs from an amount previously agreed 
to orally or inwriting. 

UNLAWFUL TRANSACTIONS: Your Card or Account may not be used directly or indirectly in a manner that would constitute a 
crime under local, state or federal law, or in any illegal activity, including without limitation (1) any “racketeering activity” as defined 
in 18 U.S.C. § 1961, or (2) any gambling, gaming, betting, or similar activity or transaction. Further, you may not use your Card or 
Account for the purchase of any goods or services on the Internet that involve gambling, gaming, betting, or any similar transaction or 
activity.  Such  transactions  include,  but  are  not  limited  to,  any  quasi-cash  or  online  gambling  transaction,  any  electronic  commerce 
transaction  conducted  over  an  open  network,  and  any  betting  transaction  including  the  purchase  of  lottery  tickets  or casino  gaming 
chips/checks or off-track betting or wagering. Display of a payment card logo by an online merchant does not mean that internet 

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gambling or other transactions are legal in the jurisdiction in which you are located. However, in the event that a charge or transaction 
described in this paragraph is approved and processed, you will still be responsible for such charges. If you use your Card or Account 
directly or indirectly in an unlawful manner you understand that your Account may be declared in default and that we may exercise  
any  rights  available  to  us,  including,  but  not  limited  to,  accelerating  your  Account  Balance  and  demanding  immediate  payment 
thereof. 

MOBILE  PHONES  OR  OTHER  DEVICES:  Smart  phones,  tablets  and  other  electronic  devices  can  store  your  Card  (such  as 
through a mobile wallet). This means they can be used to make Purchases or other Transactions. Any such Transactions are covered 
by  this  Agreement.  Apps  that  use  your  Card  to  make  Transactions  may  have  separate  terms  of  use.  We  are  not  responsible  if  you 
violate those terms, or for any consequences resulting from any violation. 

AGREEMENT AND BENEFIT CHANGES 

CHANGES  TO  THIS  AGREEMENT:  Account and Agreement terms are not guaranteed for any period of time. We may change  
this Agreement for any reason and at any time, subject to applicable law. This means that  we can change rates and fees that apply to 
your Account. It also means we can add, remove, replace or modify provisions of this Agreement. If required by applicable law, we 
will give  you notice of the changes. If  we notify you of a change, we may do so on your periodic statement or send you a separate 
written notice, either of which may be sent to you in an electronic format if you have agreed to receive notices from us electronically. 
Except as prohibited by law, any change in terms will apply to your existing Account Balance as well as to future Transactions. We 
may change the terms of this Agreement based on information in your credit report, market conditions, business strategy or for any 
other reason. 

CHANGING BENEFITS: We reserve the right to change or discontinue any benefit, rewards program, service or feature offered in 
connection with your Account, at any time and for any reason. 

ANNUAL PERCENTAGE RATES AND INTEREST CHARGES 

MASTERCARD VARIABLE RATE PROGRAM: This section explains how we calculate rates and interest charges applicable to 
your Account. We use annual percentage rates (APRs) to calculate interest charges on your Account. Our MasterCard program is  a 
variable rate program,  which means that your APR  may increase or decrease each Billing Period while you maintain your Account 
with us.  The APR that applies to your Account may vary with changes to the U.S. Prime Rate.    The U.S. Prime Rate is the highest 
U.S.  Prime  Rate  published  in  The  Wall  Street  Journal  (the  “Index”).  In  the  event  that  the  U.S.  Prime  Rate  ceases  to  be  published, 
changes in your APR will be related to a comparable index and we will inform you on your periodic statement or through a separate 
notice. 

Your  APR  is  subject  to  change  each  Billing  Period  based  on  an  increase  or  decrease  in  the  Index.  We  calculate  your  APR  for 
Transactions by adding an amount,  which  we call the  Margin, to the Index in effect as of the 15th day of each  month preceding the 
start  date  of  each  Billing  Period. These  dates  are  referred  to  by  us  as  “Adjustment  Dates.”  You  can  find  the  initial  Index,  Margin, 
Monthly  Periodic  Rate  and  corresponding  APR  we  use  for  your  Account  listed  above  in  the  section  entitled  Pricing  Information 
Table. 

Your APR will increase if the Index increases and decrease if the Index decreases. If your APR increases, then your interest  charges 
and Minimum Payment Due may increase. If the Index changes, we will apply the new variable APR starting from the first day of the 
Billing Period after we take the Index from The Wall Street Journal. The new APR will apply to existing balances, as well as balances 
added to your Account after the change. We may waive an increase in the APR when such an increase can be made, but such a waiver 
will not be construed as a waiver of our right to increase the APR at a future date when entitled to do so. 

There is no minimum APR that can apply during the term of this Agreement. The maximum APR that can apply during the term of 
this Agreement is 18.00%. There are no annual (or other) limitations on changes in the APR during the term of this Agreement. 

PENALTY  ANNUAL  PERCENTAGE  RATE:  If  you have a late or returned payment that causes  your  Account to be sixty (60) 
days past due, we may apply a penalty APR to your Account. The penalty APR is 18.00% (corresponding Monthly Periodic Rate of 
1.5%).  . 

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INTEREST  CHARGES:  Interest charges will be imposed on Transactions only if you elect not to pay the entire Account Balance 
shown  on  your  periodic  statement  by  the  Payment  Due  Date.  If  you  elect  not  to  pay  the  entire  Account  Balance  shown  on  your 
periodic statement by the Payment Due Date, interest charges will be imposed on the unpaid Average Daily Balance of Transactions 
from  the  previous  statement  closing  date  and  on  the  new  Transactions  from  the  date  of  posting  to  your  account  during  the  current 
Billing Period, and will continue to accrue until the closing date of the Billing Period preceding the date on which the entire Account 
Balance is paid infull. 

We  calculate  interest  on  your  Account  each  Billing  Period  by  applying  the  Monthly  Periodic  Rate  to  the  Average  Daily  Balance 
(including new Transactions). The following explains how we do this. To get the Average Daily Balance: 

• We start with the beginning balance of your accounteachday.
• We add any new Transactions, fees and othercharges
• We subtract any credits or payments credited as of that day and any unpaid interest or other finance charges.
•

This gives us the daily balance. Then, we add up all the daily balances for the Billing Period and divide the total by the
number of days in the Billing Period. This gives us the average daily balance.

GRACE PERIOD: You will not pay any interest on Purchases if you pay the Account Balance, including any Balance Transfers, in 
full  by  the  Payment  Due  Date  shown  on  your  periodic  statement  each  Billing  Period.  We  call  this  a  grace  period  on  Purchases. 
Generally  you  will  have  at  least  a  25-day  grace  period  from  the  close  of  each  Billing  Period  to  pay  the  Account  Balance  without 
incurring  additional  interest.   The Payment  Due  Date  disclosed  on  each  periodic  statement  provided  to  you  is  the  last  day  of    your 
grace period for that statement’s billing cycle. If you do not pay the Account Balance, including any Balance Transfers, in full by the 
Payment Due Date in a Billing Period, you will pay interest on your Purchases from the date they are posted to your Account.  You 
also  will  not  have  a  grace  period  on  Purchases  again  until  you  pay  the  Account  Balance  in  full  by  the  Payment  Due  Date  two  (2) 
Billing Periods in a row. 

There is no grace period on Cash Advances. This means you will pay interest on Cash Advances from the date these transactions post 
to your Account. 

The following fees will be added to your Account, as applicable: 

FEE 

AMOUNT 

ABOUT THE FEE 

FEES 

Annual Cardholder Fee  None 

Late Payment Fee 

Up to $20 

Returned Payment Fee  Up to $25 

Minimum Interest 
Charge 

$1.00 

Cash Advance Fee 

3% of the amount of each Cash 
Advance  or  $10,  whichever  is 
greater ($100 maximum) 

You will be charged a Late Payment Fee if you do not pay at least an 
amount  equal  to  the  Minimum  Payment  Due  by  the  Payment  Due 
Date. We charge a Late Payment Fee of up to $20 and, if you make 
another late payment within the next six (6) Billing Periods the late 
fee will be $50. 

If  a  payment  that  was  applied  to  your  Account  is  returned  to  us 
unpaid for any reason, you will be charged a Returned Payment Fee 
of up to $25. 

We charge a minimum interest charge of $1.00 if the total periodic 
finance  charge  is  less  than  $1.00.  We  add  the  additional  amount  to 
any balance that is assessed a periodic finance charge 

We charge you a fee for each Cash Advance. 

Balance Transfer Fee 

3% of the amount of each 
transfer ($10 minimum) 

We charge you a fee for each Balance Transfer. Balance Transfers 
are subject to a $500 minimum transfer amount. 

Foreign Transaction 
Fee 

1% of each transaction in U.S. 
Dollars 

See section entitled “Foreign Transactions” below for additional 
details. 

Document Copy Fee 

Up to $12 for each sales draft, 
with one copy free per year 

If a copy of any periodic statement, sales draft or similar document 
is provided by us at your request (other than in connection with a 
billing error inquiry), a Document Copy Fee may be imposed by us 

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Rush Card Fee 

Returned Convenience 
Check Fee 

$25 

$25 

on your Account. 

We will charge you a Rush Card Fee to rush each requested 
replacement card. 

We will charge you a Returned Convenience Check Fee if a 
Convenience Check cannot be paid. 

FOREIGN TRANSACTIONS: Purchases, cash advances, and credits made in foreign currencies will be billed to your Account in 
U.S. dollars. The conversion to U.S. dollars will be made in accordance with the MasterCard operating regulations for international 
transactions.  In  the  event  that  an  international  transaction  is  converted  to  U.S.  dollars  the  exchange  rate  between  the  transaction 
currency  and  the  billing  currency  used  for  processing  international  transactions  will  be:  (1)  a  rate  selected  by  MasterCard  from  the 
range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate 
MasterCard itself receives; or (2) the government-mandated rate in effect for the applicable central processing date. The Credit Union 
has no control over the conversion rate. The rate in effect on the applicable processing date may differ from the rate on the date you 
used  your  Card.  When  a  credit  to  the  account  does  not  fully  offset  a  charge  to  the  account  due  to  changes  in  the  rate,  you  are 
responsible for the difference. For Purchases, Cash Advances, and ATM transactions, we will charge a Foreign Transaction Fee  in an 
amount  equal  to  one  percent  (1%)  of  the  amount  of  the  Purchase,  Cash  Advance  or  ATM  transaction,  regardless  of  whether  the 
transaction requires a currency conversion. 

The above fees for the Billing Period will be shown on your periodic statement. 

PAYMENTS 

MINIMUM PAYMENT: Every month, you must pay at least the Minimum Payment Due by the Payment Due Date shown on your 
periodic statement. The Minimum Payment Due will be either (1) 2.0% of your Account Balance or $25.00, whichever is greater; or 
(2) your Account Balance if it is less than $25.00. In addition, you must pay any amount past due, any late charge and any amount
over the Credit Limit.

APPLICATION OF PAYMENTS:  We decide how to apply your payments, up to the Minimum Monthly Payment amount, to  the 
balances on your Account. We will apply the Minimum Monthly Payment amount in the following order: (1) periodic interest charges 
and  fees;  (2)  outstanding  balances  of  Cash  Advances,  Balance  Transfers,  and  Purchases  previously  billed,  starting  with  the  lowest  
APR first, and (3) current Cash Advances, Balance Transfers and Purchases, starting with the lowest APR first. If you pay more than 
the Minimum Payment Due amount, the amount in excess of the Minimum Payment Due will be applied first to the balances subject  
to the highest APR and then to balances subject to lower APRs, in descending order of APRs until all balances subject to an APR are 
paid in full. You must continue to make payments until you have paid the Account Balance in full. 

PAYMENT  INSTRUCTIONS:  You  must  follow  the  instructions  below  when  making  a  payment.  If  you  do,  we  will  credit  the 
payment to your Account as of the day we receive it. 

•

Payments should be sent to Kinecta Federal Credit Union, Attention: Card Services Department, P.O. Box 60083, Cityof
Industry, CA 91716.

• We must receive your payment on or before the Payment Due Date in order for your Account to be credited by the Payment

Due Date.

• You must pay in U.S. Dollars.
• You must use a check or electronic debit issued by a financial institution in the United States (do not mail cash).
• You must not send us a check dated after the date that we receiveit.
• You must not enclose more than one check per envelope.
• You must not include any restrictive endorsements onthecheck.
• You must follow any additional payment instructions shown on your periodic statement.

If  you  do  not  pay  in  U.S.  Dollars  and  we accept  your  payment,  we  will  select  the  currency  conversion  rate,  and  you  must  pay  our 
costs.  If  you  do  not  follow  our  payment  instructions,  we  may  not  accept  your  payment,  or  there  may  be  a  delay  in  crediting  yo  ur 
Account. Either may result in late fees and additional interest charges to your Account. If you do not  follow the payment instructions 
in this Agreement or on your periodic statement, we may accept your payment without losing our rights. 

PREPAYMENT  OR  IRREGULAR  PAYMENTS:    Though  you  need only pay the  Minimum Payment Due,  you understand that  
you have the right to repay your Account Balance at any time without penalty. You also understand and agree that you will  only be 
charged interest charges to the date you repay your entire Account Balance. You may make larger payments without penalty and this 

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may reduce the total amount of interest charges that you will repay. If you pay more than the Minimum Payment Due in any  month 
and  there  is  still  a  balance  due,  you  must  continue  to  make  Minimum  Payments  in  future  months.  Any  partial  payment  of  your 
Account Balance will not advance your next payment due date(s). You understand and agree that any payment that (a) delays or  (b) 
accelerates the repayment of your Account Balance will (a) increase or (b) decrease your Monthly Periodic interest charge. 

PAYMENTS  BY  AUTOMATIC  TRANSFER:  By  separate  agreement,  you  may  authorize  us  to  automatically  transfer    the 
Minimum  Payment  Due  from  your  Credit  Union  savings  or  checking  account.  If  you  request  payment  by  automatic  transfer,  you 
understand and agree that no payment can or will be made if there are insufficient or uncollected funds in the designated savings or 
checking  account  to  make  the  scheduled  payment.  Should  this  event  occur,  you  understand  and  agree  that  you  will  not  be  released 
from  making  the  payment.  Any  automatic  transfer  you  have  requested  will  remain  in  effect  until  you  cancel  it  in    writing  or    the 
Account Balance is paid in  full.  To stop a  payment by automatic transfer,  you  may send us a letter requesting  that the payment be 
stopped. Your letter must be received by Kinecta Federal Credit Union,  Attention: Card Services Department,  P.O. 217, Manhattan 
Beach 90267, at least three (3) business days before the automatic payment is scheduled to occur. We may cancel this service  at our 
discretion. 

PAYMENTS MARKED “PAID IN FULL”:  Payments marked “paid in full” or other language used to indicate full satisfaction of 
indebtedness  may  be  accepted  by  us  without  being  bound  by  such  language  or  waiving  any  rights  under  this  Agreement.  We  will 
accept full satisfaction of indebtedness only in a written agreement, signed by an authorized representative of the Credit Union. 

FINANCIAL INFORMATION 

FINANCIAL INFORMATION AND  RE-EVALUATION OF CREDIT:  You and each Guarantor (if any) authorize us to obtain 
business and personal credit bureau reports in your and any Guarantor's name, respectively, at any time and from time to  time. You 
and each Guarantor (if any) agree to submit current financial information, a new credit application,  or both, in your name and in the 
name of each guarantor, respectively, at any time promptly upon our request. Based on our review of this information, we may  at any 
time and from time to time, at our sole discretion and subject to any applicable notice requirements, increase or decrease your Credit 
Limit, increase or decrease your interest rate, or terminate this Agreement, as permitted by applicable law. We may report  our credit 
experiences  with  you  and  any  Guarantor  of  your  Account  to  third  parties  as permitted  by  law.  You  also  agree  that  we  may  release 
information to comply with governmental reporting or legal process which we believe may be required, whether or not such is  in fact 
required,  or  when  necessary  or  helpful  in  completing  a  transaction,  or  when  investigating  a  loss  or  potential  loss.  YOU  ARE 
HEREBY  NOTIFIED  THAT  A  NEGATIVE  CREDIT  REPORT  REFLECTING  ON  YOUR  CREDIT  RECORD  MAY  BE 
SUBMITTED TO A CREDIT REPORTING AGENCY IF YOU FAIL TO FULFILL THE CREDIT OBLIGATIONSHEREUNDER. 

ACCOUNT INFORMATION, PRIVACY, AND COMMUNICATIONS 

ACCURACY OF  AND CHANGES  TO ACCOUNT  INFORMATION:  You represent and warrant that the information provided 
in your credit application is accurate, and you agree to notify us in writing immediately if this information changes.  If you do not, or 
if we ask you to verify your Account information and you cannot, we may suspend or close your Account. 

INFORMATION  SHARING:  You understand and agree that we may share information about you and your Account as permitted  
by applicable law. This includes information we obtain from you and others. Our privacy notice, describes reasons the Credit  Union 
can share its members’ personalinformation. 

CONTACTING  YOU:  You  agree that  we (and/or our authorized agents)  may contact  you at any phone number, email address or 
mailing address you provide. This includes communications to mobile, cellular/wireless, or similar devices. We may contact you by 
live operator, auto-dialer, prerecorded or artificial voice, text or email. You agree to pay any charges assessed by your plan provider  
for communications we send to you, as well as communications you send tous. 

CALL  MONITORING:  We  may  listen  to  and  record  telephone  calls  between  you  and  us  to  monitor  and  improve  the  quality  of 
service you receive. 

NOTICES:  We  will  send  any  notices  to  your  billing  address,  or,  if  you  have  agreed  to  receive  notices  from  us  in  an    electronic 
format, we will send notices to you in an electronic form. We consider a notice sent as soon as we mail it. We consider an electronic 
notice sent as soon as we email it, unless we receive notification that the email was undeliverable. 

AUTHORIZED USERS 

7 

ACCOUNT USE BY AUTHORIZED USERS:  A Program Administrator may request to add one or more Authorized Users to the 
Account. If we approve such a request, use of the  Account by an Authorized User is subject to the terms of this  Agreement.    You 
agree that upon termination of the employment of any employee to whom a Card was issued, you will immediately notify us and will 
destroy or return the Card to us. A Program Administrator must: 

• Obtain permission from each Authorized User before naming him or her as an Authorized User on your Account.
• Make a copy of this Agreement available to each Authorized User.
•
• Notify us to remove an Authorized User from your Account. If we remove an Authorized User, we may close your Account,

Pay us for all charges incurred by each Authorized User.

open a new Account, and issue you a newCard.

We may limit the number of Authorized Users on your Account. 

The Business and all Guarantors (if any) are responsible for: 

• Any Transactions made by an Authorized User on your Account.
• Any Transaction made by an Authorized User even if the post date shown on your periodic statement for that Transaction

occurs after the date you ask us to remove the Authorized User from your Account.
• Any Transactions made by others if an Authorized User allows them to use your Account.
•

Fees and charges resulting from any Transactions made by an Authorized User or others if an Authorized User allows them
to use your Account.

ACCOUNT  INFORMATION  RIGHTS  FOR  AUTHORIZED  USERS:  We  are  permitted  to  discuss  your  Account  with  an 
Authorized User. This includes giving him or her access to your Account information and history. You understand and agree that an 
Authorized  User  may  use  and  receive  information  about  the  Account  the  same  way  you  do.  An  Authorized  User  cannot  add  other 
Authorized Users, adjust the Credit Limit or close the Account; only a Program Administrator may do so. 

WHAT CAN AUTHORIZED USERS DO? 
Report lost or stolen Cards
Initiate billingdisputes

•
•
• Obtain Account Information, such as Transactionhistories
•
• Make payments

Request periodic statementcopies

INFORMATION  ABOUT  AUTHORIZED  USERS:    You  agree  to  give  us  certain  personal  information  about  each  Authorized 
User. You must let each one know that you will give us that information and you must have his or her permission to do so. You must 
have  permission  from  each  one  to  allow  us  to  share  information  about  him  or  her  as  permitted  by  applicable  law.  This  includes 
information  we  may  obtain  from  you,  any  Authorized  User  and  others.  It  also  includes  information  about  their  Transactions  on  the 
Account. 

GUARANTY 

GUARANTY:  Each  Guarantor,  jointly  and  severally,  unconditionally  guarantees  payment  of,  and  agrees  to  pay  to  our  order  upon 
demand, all present and future obligations at any  time outstanding  under the  Account pursuant to this  Agreement or any extension, 
renewal,  or  modification  hereof.  The obligations  under  this  guaranty  are  independent,  and  each  Guarantor  agrees  as  follows:  (i)  we 
may obtain consumer credit reports on and provide information to others regarding such Guarantor; (ii) such Guarantor will pay  all 
our expenses, including our attorneys’ fees, that  we incur in enforcing all obligations under this Agreement including this guaranty;  
and  (iii)  such  Guarantor  hereby  grants  us  a  security  interest  in  all  deposit  accounts  that  such  Guarantor  may  maintain  with  us 
(excluding  IRAs,  and  certain  trust  accounts).  This  is  a  guaranty  of  payment  and  performance  and  not  of  collection.  To  the  extent 
permitted by law, each Guarantor waives: (a) any right to require us to proceed against any other person associated with the Account; 
(b) any  right  to  require  us  to  proceed  against  or  exhaust  any  security  held  by  us  at  any  time  or  to  pursue  any  other  remedy  before
proceeding  against  such  Guarantor;  (c)  all  notices  of  any  kind  or  the  lack  of  any  notice,  including,  notice  of  any  new  or  additional
indebtedness,  any  modification  of  any  obligation,  or  obligation  or  notice  of  any  action  or  non-action  on  the  part  of  you,  us,  any
Guarantor or any other person; (d) any defense based upon an election of remedies by us; (e) any right or claim of right  to  cause  a
marshalling of your assets or any Guarantor; (f) any invalidity, irregularity or unenforceability, in whole or in part, of  this Agreement;
and (g) any right or claim of  right to agree to any  modification of any obligation and any  modifications of any of  your obligations
relating to this Account by operation of law or by action of any court, whether pursuant to the Bankruptcy Act, or any other federal or
state debtor relief law.

8 

DEFAULT:  You will be in default if: 

DEFAULT, CLOSING OR SUSPENDING THE ACCOUNT 

• You do not pay at least the Minimum Payment Due or other required payment by the due date;
• You have a ReturnedPayment;
• You do not honor any of the terms of this Agreement;
• You make any false or misleading statements in any credit applicationor creditupdate;
• A material change occurs in your ownership or organizational structure (acknowledging that any change in ownership will be

deemed material when ownership is closelyheld);

• You liquidate or dissolve, or enter into any consolidation, merger, partnership, or joint venture;
• You  sell  any  assets  except  in  the  ordinary  course  of  your  business  as  now  conducted,  or  sell,  lease,  assign  or  transfer  any
substantial part of your business or fixed assets or any property or other assets necessary for the continuance of your business
as now conducted including, without limitation, the selling of any property or other assets accompanied by the leasing back
of the same;

• You  cease  doing  business,  become  insolvent,  a  receiver  is  appointed  for  all  or  any  part  of  your  property,  you  make  an
assignment for the benefit of creditors, or any proceeding is commenced either by you or against you under any bankruptcy
or insolvency laws or any other law or laws relating to debtors;

• Any guaranty of your indebtedness to us, whether related or unrelated to your Account, ceases to be in full force and effect or
is declared to be null and void; or the validity or enforceability thereof is contested in a judicial proceeding; or any Guarantor
denies that he/she/it has any further liability under such guaranty; or any Guarantor defaults in any provision of any guaranty,
or any financial information provided by any Guarantor is falseormisleading;

• You  or  any  Guarantor  dies  (whether  on  your  Account  or  any  unrelated  amount  owed  to  us  by  you);  if  you  are  a  sole
proprietorship, the owner dies; if you are a partnership, any general or managing partner dies; if you are a corporation, any
principal officer or 10.00% or greater shareholder dies; if you are a limited liability company, any managing member dies; if
you are any other form of business entity (any person(s) directly or indirectly controlling ten percent (10.00%) or more of the
ownership interests of such entitydies;

• Any creditor tries to take any of your property on or in which we have a lien or security interest, whether related or unrelated

to your Account, including a garnishment of any of your accounts withus;

• A  judgment  or  judgments  is  entered  against  you  or  any  Guarantor(s)  (whether  on  your  Account  or  any  unrelated  amount
owed to us by you) in the aggregate amount of $250 or more that is not satisfied within thirty (30) days or stayed pending
appeal;

• An involuntary lien or liens is attached to any of your or any Guarantor's assets or property (whether on your Account or any

unrelated amount owed by you to us) and not satisfied within thirty (30) days or stayed pending appeal;

• An adverse change occurs in your financial condition or applicable credit histories;
• We in good faith deem you insecure;or
• You are in default under any agreement for borrowed money or any other materialcontract.

OUR RIGHTS IF YOU DEFAULT: If any of the events listed above occurs, we may temporarily or permanently suspend any and 
all Account and Card privileges and/or we may demand immediate payment of the Account Balance. We may close or suspend your 
Account at any time, without notifying you, as permitted by law. If we ask, you must return your Card(s) to us, cut in half. You agree 
that you will not attempt to make a Purchase or obtain a Cash Advance after you have been notified that your privilege to use your 
Account  has  been  terminated.  We  may  cancel  your  current  Card  and  issue  you  a  substitute  Card  at  any  time.  You  may  close  your 
Account at any time by notifying us in writing, and you must include your signature. If we close or suspend your Account, or  if you 
close  your  Account,  you  understand  and  agree  that  you  remain  obligated  to repay  the  entire  Account  Balance.  You  understand  and 
agree that interest charges at the APR as permitted under this Agreement will continue to accrue until you repay your entire  Account 
Balance.  We  may  hire  or  pay  someone  else  to  help  collect  your  Account  if  you  do  not  pay.  You  will  pay  us  any  collection  costs 
incurred  by  us.  This  includes,  subject  to  any  limits  under  applicable  law,  our  attorneys'  fees  and  our  legal  expenses,  including 
attorneys’  fees  and  legal  expenses  for  bankruptcy  proceedings,  civil  actions,  arbitration  proceedings,  declaratory  actions  or  other 
filings  or  proceedings,  declaratory  efforts  to  modify  or  vacate  any  automatic  stay  or  injunction,  appeals,  and  any  anticipated  post- 
judgment collection services. You will also pay any court costs, in addition to all other sums provided or allowed by law. 

SECURITY  INTEREST;  RIGHT  OF  OFFSET:  You  grant  to  us  a  contractual  security  interest  in,  and  hereby  assign, 
convey, deliver, pledge and transfer to us all your right, title and interest in and to your Credit Union accounts, if any, with 
us (whether savings, business checking, money market, or some other account), including without limitation all accounts 
you  may  open  in  the  future.  You  authorize  us,  to  the  extent  permitted  by  applicable  law,  to  charge  or  set  off  all  sums 
owing pursuant to this Agreement against any and all such accounts and, at our option, to administratively freeze all such 
accounts to allow us to protect our charge and setoff rights provided in thisparagraph. 

9 

TRANSACTIONS 

REFUSAL OF THE CARD: Most Transactions require approval of funds, which result in placing a hold against your Credit Limit. 
We do not guarantee approval of Transactions. We are not liable for those that are not approved, even if you have enough available 
credit on your Account. We may also limit the number of Transactions approved per day. We may, although we are not required to, 
approve Transactions above your available Credit Limit. 

SUSPICIOUS  ACTIVITY:  We  are  committed  to  keeping  your  financial  transactions  as  secure  as  possible.  We  use  a  credit  card 
fraud  detection  system  designed  using  neural  network  technology  that  “learns”  your  credit  card  purchase  patterns.  The  system 
analyzes authorization requests for your Card in real time and compares them to your purchase history as well as current fraud trends. 
If we detect unusual transaction patterns, we can take action to reduce the potential for fraud, including but not limited to suspending 
credit  privileges.  As  your  profile  and  transactions  change  over  time,  the  system  updates  its  files.  We  reserve  the  right  to  identify 
Transactions  as  unauthorized  or  fraudulent  and  subsequently  to  decline  those  Transactions.  We  are  not  responsible  for  any  loss  or 
damage arising out of any declined Transaction. 

TRAVEL  ADVISORY:    A  Transaction  in  a  geographic  area  where  you  do  not  usually  use  your  Card  may  trigger  the  credit  card 
fraud detection  system. We encourage  you to provide us  with prior notice of any anticipated Card activity that  may be out of  your 
ordinary pattern of Card Transactions, such as high transaction amounts, high transaction volume, any anticipated transactions outside 
of the  geographic areas  where you normally  use  your card, and any anticipated transactions outside the U.S. You  may provide  this 
notice bycalling: 

• Domestic: (877) 881-6023
•
•

International:  (310) 643-2106
To verify Account activity if Card is blocked: (877) 881-6023.

MERCHANT FEES: Some merchants, including merchants outside the U.S., may charge you a fee to use your Card for a Purchase. 
The fee will be either a percentage of the amount of your Purchase or a flat fee, and will be added to the amount of your Purchase. 
Usually, a merchant will tell you about this fee before you use your Card, but not always. We do not control these fees and we cannot 
prevent them. 

MERCHANT DISPUTES:  The Credit Union is not responsible for the refusal of any merchant or financial institution to honor the 
Account and/or Card. We are subject to claims and defenses (other than tort claims) arising out of goods or services  you purchase 
with the Card only if you have made a good faith attempt but have been unable to obtain satisfaction from the merchant, and (1) your 
Purchase was made in response to an advertisement we sent or participated in sending you; or (2) your Purchase cost more than $50 
and was made from a merchant in your state or within 100 miles of your current mailing address. Any other dispute you must resolve 
directly with themerchant. 

RETURNS AND ADJUSTMENTS: If a merchant discloses a policy such as “no returns,” “no refunds,” “no return or credit without 
receipt,” “as is,”  “store credit only” or “all  sales  final,”  you  will be bound by that policy  when  you use  your Card to buy goods or 
services  from  that  merchant.  A  merchant  refund  to  your  Account  will  post  to  your  Account  as  a  credit.  We  do  not  control  when  a 
merchant sends an Account credit. We will choose how to apply the credit to your existing Account Balance.  If a credit fails to post  
to your  Account,  you  may request our  help in  having the credit applied to your Account by sending  us a copy of  the  credit receipt 
issued by the merchant. You have the sole responsibility to obtain written proof of credit and to retain copies of credit receipts until 
the  credit  is  properly  applied  to  your  Account.  If  your  credits  and  payments  exceed  what  you  owe  us,  we  will  hold  and  apply  this 
credit  balance  against  future  Transactions,  or  if  it  is  $1.00  or  more,  refund  it  on  your  written  request  or  automatically  after  six  (6) 
months. 

RECURRING  AUTHORIZED  TRANSACTIONS:  If  you  authorize  a  merchant  or  any  other  person  to  charge  your  Account  for 
recurring Transactions, you must notify the merchant if: 
• You want to discontinue these Transactions;
• Your Account isclosed;
• Your Account numberchanges;
• Your Card expiration datechanges.

You are responsible for reinstating any recurring authorized Transactions. 

INTERNET  TRANSACTIONS:  You  may  activate  your  Card  in  MasterCard’s  SecureCode®  program  at  www.kinecta.org.  To 
complete  transactions  over  the  Internet,  merchants  may  request  your  SecureCode®  password  to  complete  the  transactions.  If  a 
password is not provided, or you do not successfully register with SecureCode®, the merchant may deny the transaction. If the 

10 

password  is  incorrect,  we  may  deny  the  transaction.  You  can  select  or  change  your  password  and  view  additional  terms  online  b y 
visiting www.kinecta.org and clicking on the SecureCode® links under the credit card page. You acknowledge and agree that if you 
disclose your SecureCode® password to another person, you are authorizing that person to transact on your Account. 

TERMS AND CONDITIONS APPLICABLE TO MASTERCARD CONVENIENCECHECKS 

CHECK  USES:  Convenience Checks (including balance transfer checks) are checks that the Credit Union may send you to access 
your  Account  from  time  to  time.  The  following  terms  will  apply  to  the  use  of  those  checks  unless  otherwise  disclosed  with    the 
checks.  You  can  use  your  Convenience  Checks  to  purchase  goods  and  services,  to    obtain  cash  up  to  the  amount  of  your  Cash  
Advance  Limit,  or  to  conduct  Balance  Transfers  up  to  the  amount  of  your  Credit  Limit.  Use  of  Convenience    Checks  to  purchase 
goods and services or to obtain cash up to the amount of your Credit Limit is considered a Cash Advance on your account. The Credit 
Union  will  charge  interest  beginning  as  of  the  date  the  Credit  Union  receives  the  Convenience  Check.  You  cannot  avoid  paying 
interest on Convenience Check transactions. Any special rules applicable to credit card purchases described in this Agreement or any 
other  features  pertaining  to  card  purchases  do  not  apply  to  Convenience  Checks.  Convenience  Checks  do  not  earn  Cash  Back 
Rewards. 

LIMITATIONS:  We are not required to honor a Convenience Check that will cause you to exceed your Credit Limit. We will not 
pay a Convenience Check if at the time that it ispresented: 

• You are in default or we have suspended, terminated, or canceled your Account;

•

The Convenience Check is not in the form we have issued to you;

• Your signature or the payee’s name or endorsement is missing on the Convenience Check or the Convenience Check appears

altered; or

• Your Convenience Check ispost-dated.

Convenience  Checks  may  be  used  only  by  the  person(s)  whose  name(s)  is/are  printed  on  the  check.  You  are  responsible  for  all 
authorized use of Convenience Checks. You may not use Convenience Checks to make a payment on any other obligation you have 
with the Credit Union, including paying any amount that you owe us pursuant to this Agreement. Certain merchants may inform you 
of their intent to convert your Convenience Check payment to an electronic ACH debit. For mailed payments, this notification will be 
provided at the time you receive a bill. For payments made in person, this notification will be provided at the time payment  is made. 
You understand and agree that Convenience Checks are ineligible for conversion to an ACH debit and if presented by a merchant to us 
for payment, we are required to reject and return the entry. Using Convenience Checks for payments to merchants who have notified 
you of their intent to convert your check to an ACH debit may result in merchant returned item fees and/or late charges. You further 
understand  and  agree  that  you  may  not  attempt  to  authorize  a  one-time  advance  from  your  Account  via  ACH  by  providing  check 
information (such as the routing, account, and serial numbers) to a merchant or other payee in person, via the Internet or by telephone 
for the purpose of having such merchant or other payee electronically initiate a funds transfer. The Credit Union will not be liable for 
any fees you incur as a result of the Credit Union’s failure to honor a Convenience Check that is converted to an ACH debit. 

PERIODIC  STATEMENTS:  Your  periodic  statement  will  show  you  an  itemization  of  the  Convenience  Checks  posted  to  your 
Account  during  the  Billing  Period.  Convenience  Checks  paid  by  the  Credit  Union  will  not  be  returned  to  you  with  your  periodic 
statement. 

RETURNED  CONVENIENCE  CHECK  FEE:  The Credit Union will charge you a Returned Convenience Check Fee of $25 per 
returned  check  which  will  be  billed  to  your  Account  if  a  Convenience  Check(s)  cannot  be  paid.  The  Credit  Union  may  decline  to 
honor such Convenience Checks if, forexample: 

•

•

•

•

•

•

The amount of the Convenience Check would cause you to exceed your Cash Advance Credit Limit;

If you are indefault;

If you did not comply with the instructions included with the Convenience Check;

If the Convenience Check appears altered or ismissinginformation;

The Convenience Check was used by someone other than the person to whom the Convenience Check was sent;

The Card has expired or wasrevoked;

• Your Account is closed or suspended; or

•

The Convenience Check was converted to an ACHtransaction.

11 

STOP  PAYMENT:  Provided  your  request  is  timely,  you  may  order  a  stop  payment  on  a    Convenience    Check  drawn  on    your 
Account. To stop payment on a Convenience Check, you must call us at (877) 881-6023 during regular business hours and provide us 
with the following information: the Account number, the payee, any check number that may be applicable, and the exact amount of 
the Convenience Check. If you order a stop payment on a Convenience Check orally, the order will be valid for only fourteen  (14) 
days  thereafter,  unless  confirmed  in  writing.  Written  stop  payment  orders  will  remain  in  effect  only  for  six  (6)  months,    unless 
renewed in writing. You have the burden of establishing the fact and amount of loss resulting from payment contrary to a binding stop 
payment.  The  Credit  Union  is  not  required  to  notify  you  when  a  stop  payment  order  expires.  If  the  Credit  Union  re-credits  your 
Account after paying a Convenience Check over a valid and timely stop payment order, you agree to sign a statement describing the 
dispute with the payee, to assign to the Credit Union all of your rights against the payee or other holders of the check and to assist the 
Credit Union in any legal action. You agree to indemnify and hold the Credit Union harmless from all costs and expenses, including 
attorneys’ fees, damages, or claims, related to the Credit Union honoring your stop payment request or in failing to stop payment of an 
item as a  result of incorrect information provided to the  Credit Union or the  giving of inadequate  time to act upon a  stop  payment 
request. 

SURRENDER OF CONVENIENCE CHECKS: Convenience Checks are the Credit Union’s property; the Credit Union reserves 
the right to revoke them at any time. You agree to return them at the Credit Union’s request. 

MISCELLANEOUS 

PROMOTIONAL  RATE  OFFERS:  From time to time and at our discretion,  we may offer you a promotional APR for all or any 
part of  your  Account Balance, Balance Transfer or future  transactions. The period of time  for  which the promotional APR  applies  
may be limited. Any applicable promotional APR, the corresponding periodic rates, and the period of time during which they are in 
effect will appear on the offer. Any promotional rate offer will be subject to the terms of the offer and this Agreement. 

LOST  OR  STOLEN  CARD,  NOTIFICATION  AND  LIABILITY:  You will notify us IMMEDIATELY if you believe that your 
Card,  Account  number,  PIN, or  any  combination  of  the  three  has  been  lost  or  stolen  by  immediately  calling  us  at  (877)  881  -6023 
between 12:00 a.m. and 11:59 p.m. PST, Monday through Friday, excluding  holidays and  weekends or after  Credit  Union hours at 
(877) 881-6023/International  Number  (310)  643-2106.  Telephoning  is  the  best  way  of  keeping  your  possible  losses  down.  You
understand  that  your  total  liability  to  us  will  not  exceed  $50.00  for  any  Account  and/or  Card  Transactions  resulting  from  the  loss,
theft,  or  other  unauthorized  use  of  the  Account  and/or  Card  that  occurs  prior  to  the  time  you  give  notice  to  us.  Your  liability  for
unauthorized use may be lower in cases of MasterCard fraud in accordance with current MasterCard, Inc. Operating Rules.

You agree that in the event of a lost,  stolen, not received  or counterfeited card or fraudulent activity on  your  Account,  you and all 
parties given access to the Account will complete an affidavit of forgery in a form approved by the Credit Union. You also agree to 
assist us in determining the facts, circumstances, and other pertinent information related to any loss, theft or possible unauthorized use 
of  your  Card,  Account  number  or  PIN  and  to  comply  with  such  other  procedures  as  we  may  require  in  connection  with  our 
investigation. 

INACTIVE  ACCOUNT:  If  your  Account does not have  any activity  for twelve  (12) consecutive  months, it  will be considered an 
inactive account and your ability to take advances against your Credit Limit may be suspended. If your Account is inactive for twenty- 
four (24) consecutive months, we may close it. 

PERIODIC STATEMENTS: Your Card or other Account activity will be reflected on your periodic statement (Statement). We will 
send you a Statement for each Billing Period in which Transaction activity has occurred on your Account, and at least quarterly if no 
activity  has  occurred.  Your  Statement  will  identify  the  merchant,  electronic  terminal,  or  financial  institution  at  which  transactions 
were made, but sales, cash advance, credit, or other receipts cannot be returned with the Statement. You agree to retain the copy of 
such receipts furnished at the time of the transaction in order to reconcile your Statement. If you request a copy of any sales draft or 
similar  document,  a  Document  Copy  Fee  may  be  imposed  by  us.  This  fee  will  not  be  imposed,  however,  if  it  was  requested  in 
connection with a billing error. Statements will be mailed or delivered electronically if you have agreed to receive notices  from us in 
an electronic format only to the address of the person named first on the Account. 

ASSIGNMENT: We may sell, transfer or assign this Agreement and your Account to a third party at any time without notifying you. 
You may not sell, assign or transfer your Account or any of your obligations under this Agreement. 

ENFORCING THIS AGREEMENT: We will not lose our rights under this Agreement because we delay in enforcing them or fail  
to enforce them. If any provision of this Agreement is found to be unenforceable, all other provisions of the Agreement will remain in 
effect. 

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INTEGRATED DOCUMENT(S): You understand and agree that any separate sheet of paper, which is delivered together with this 
Agreement  and  incorporates  this  Agreement  by  reference,  is  an  integrated  part  of  this  Agreement.  Any  future  amendments  to  this 
Agreement will be labeled as such and will form an integrated part of this Agreement. 

COLLECTION  COSTS:  To  the  extent  permitted  by  law,  you  are  liable  to  us  for  our  legal  costs  if  we  refer  collection  of  your 
Account  to  an  attorney  who  is  not  our  salaried  employee.  These  costs  may  include  reasonable  attorneys’  fees,  as  well  as  costs  and 
expenses of any legal action. You understand and agree that interest charges will continue to accrue at the APR permitted under this 
Agreement until you repay your entire Account Balance. 

UNFORSEEN CIRCUMSTANCES: From time to time, our services might be unavailable due to circumstances beyond our control, 
such as fires, floods, natural disasters, system failures or other unpredictable events. When this happens, you may not be able to use 
your Card or obtain information about your Account. We are not responsible or liable if this happens. 

GOVERNING LAW: You understand and agree that this Agreement is made in California will be governed by the laws of the State 
of  California  to  the  extent  that  California  law  is  not  inconsistent  with  controlling  federal  law.  You  also  understand  and  agree  that 
California's choice of law rules will not be applied if they would result in the application of non-California law. 

MEMBERSHIP  REQUIREMENT:  You  understand  and  agree  that  the  Business  must  be  and  remain  a  member  in  good  standing 
with us to be eligible for continuing Account and/or Card privileges including future Transactions. You understand and agree that we 
may suspend or close the Account and/or Card privileges during any period in which the Business does not maintain its membership 
with us. 

FINAL  EXPRESSION:  This Agreement is the final expression of the terms and conditions of your Account. This Agreement may 
not be contradicted by evidence of any alleged oralagreement. 

COPY RECEIVED: You acknowledge receipt of a copy of this Agreement and agree to accept its terms. 

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