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Security For Advances and Purchases: The Credit Union will acquire a 
security interest in the property purchased with your Credit Card; and 
collateral securing other loans with us may also secure this account. 
Also,  you  are  giving  us  a  security  interest  in  your  shares  and  other  
deposits in the Credit Union. This information was accurate as of the print-
ing October 2010, and after that date is subject to change. For changes since 
printing, call Founders Federal Credit Union at 1-800-370-6540 or (803) 289-
5937,  or  write  us  at:  Founders  Federal  Credit  Union,  607  N.  Main  Street, 
Lancaster, South Carolina 29720.

AGREEMENT AND DISCLOSURE

This  is  your  Agreement  and  Disclosure  Statement  with  Founders  
Federal Credit Union. Please read it carefully and keep it for your records. It 
supersedes all prior agreements and disclosure statements relating to your 
account. You do not have to sign this Agreement. Your agreement to all of 
these provisions, as amended from time to time including the Card issued by 
us, will be shown by your application for the Card, your acceptance of the 
Card, or your use of the Card, whichever occurs first.

1.  Definitions

In  this Agreement,  the  word  “Card”  means  either  one  or  more    Visa®  
or MasterCard® credit cards and any duplicates, renewals or substitutions  
we  issue.  The  words,  “you,”  “your,”  and  “yours”  mean  all  Cardholders  
(borrowers  and  co-borrowers);  anyone  any  cardholder  permits  to  use  the 
Card(s);  as  well  as  any  authorized  user  for  whom  an  additional  Card(s)  is  
issued  to  the  extent  of  their  purchases  and  cash  advances,  as  well  as  
transactions by anyone they permit to use the Card(s). The word “cardholder” 
means any applicant or co-applicant to whom a Card is issued by us. The 
words  “Credit  Union,”  “we,”  “us,”  and  “our”  mean  Founders  Federal  Credit 
Union. 

2.  BINDING ARBITRATION: EXCEPT AS SPECIFICALLY PROVIDED IN 
OUR MEMBERSHIP AGREEMENT WITH YOU, WHICH IS INCORPORATED  
HEREIN  BY  REFERENCE,  YOU  ACKNOWLEDGE  AND  AGREE  THAT 
THIS  PLAN-AGREEMENT  IS  SUBJECT  TO  BINDING  ARBITRATION; 
AND THAT ALL DISPUTES (INCLUDING ALL LEGAL AND EQUITABLE 
RIGHTS  AND  REMEDIES)  ARISING  UNDER  CASE  LAW,  STATUTORY 
LAW, AND ALL OTHER LAWS INCLUDING, BUT NOT LIMITED TO, ALL 
CONTRACT, TORT, REGULATORY, AND PROPERTY DISPUTES WILL BE  
SUBJECT TO BINDING ARBITRATION PURSUANT TO YOUR MEMBERSHIP  
AGREEMENT. THIS PROVISION SUBSTANTIALLY LIMITS OR AFFECTS 
YOUR RIGHTS. THEREFORE, YOU SHOULD READ IT CAREFULLY. IF 
YOU  HAVE  MISPLACED  IT,  ANOTHER  COPY  IS  AVAILABLE  TO  YOU 
UPON  REQUEST.  NEITHER  PARTY  WILL  HAVE  A  RIGHT  TO  HAVE  A 
JURY DECIDE ANY CLAIM OR DISPUTE, AND THE ABILITY TO APPEAL 
IS LIMITED IN AN ARBITRATED MATTER. FURTHER NEITHER PARTY 
NOR ANYONE ON THEIR BEHALF CAN PURSUE A CLAIM OR DISPUTE 
IN A CLASS OR REPRESENTATIVE ACTION. 

3.  How to Use this Account

You  must  sign  the  Card  in  order  to  use  it. You  can  purchase  or  lease 
goods and services (“Purchases”) from any merchant who honors your Card 
up to your maximum credit limit by presenting your Card and signing a sales 
slip for the amount of the Purchase. You may also use the Card to obtain 
cash loans (“Cash Advances”) up to your maximum credit limit from financial  
institutions  that  accept  a  Visa®  or  MasterCard®  Credit  Card.  You  agree 
not  to  present  your  Card  or  obtain  a  Cash Advance  for  any  extension  of 
credit in excess of your available Credit Limit (the difference between your  
outstanding balance and your maximum credit limit) on your account.

Certain  purchases  and  cash  advances  will  require  an  authorization 
prior to completion of the transaction. In some cases, you may be asked to  
provide  identification.  If  our  system  is  not  working,  we  may  not  be  able  to  
authorize  a  transaction,  even  though  you  have  sufficient  credit  available.  
Also, for security reasons, we may block the usage of your Card in certain 
countries or geographic areas. We will not have any liability to you or others 
if any of these events occur.

4.  Pledge of Shares and Security Interest

  By  signing  an  application,  acceptance  or  authorized  use  of  any 
credit cards, you grant and pledge a consensual lien to us on all shares on  
deposit as defined by your membership agreement to secure payment 
of your obligations on this account. In addition, you acknowledge our  
statutory  lien  rights  under  the  Federal  Credit  Union  Act;  you  agree 
that  such  a  lien  is  impressed  as  of  the  date  that  this  account  is 
opened; and you agree that we can apply the shares pledged at the 
time  of  any  default  on  this  account  without  further  notice.  “Shares” 
for  the  purpose  of  your  pledge  to  secure  your  obligations  to  the 
Credit  Union  means  all  deposits  in  any  share  savings,  share  draft, 
club,  certificate,  P.O.D.,  revocable  trust  or  custodial  account(s), 
whether  jointly  or  individually  held  –  regardless  of  contributions, 
that  you  have  on  deposit  now  or  in  the  future.  Your  pledge  does 
not  include  any  I.R.A.,  Keough,  tax  escrow,  irrevocable  trust  or  
fiduciary account in which you do not have a vested ownership interest.

SECURITY AGREEMENT: Payments on your Account are secured by 
any security interest in any property securing your other obligations to the 
Credit Union, whether existing now or in the future, except your household 
goods and your primary residence. Further, you hereby grant Credit Union 
security interest in all property purchased through this credit plan, including a 
purchase-money security interest in any household goods purchased with an 
extension of credit upon this Account. These security interests shall secure 
faithful performance of all obligations arising under this Agreement; and the 
Credit Union shall have all of the rights of a secured party in accordance with 
Article Nine of the Uniform Commercial Code and/or other applicable law.

5.  ATM Access 

If you have received a personal identification number (PIN), you may use 
your Card and PIN to obtain Cash Advances at any Automatic Teller Machine 
(“ATM”) that accepts your Card. Your PIN is confidential and should not be  
disclosed to anyone. You agree not to write your PIN on your Card, you will 
not keep your Card and PIN together, and you will not provide your PIN to  
anyone who is not an authorized user. Except as otherwise provided in this  
agreement, advances through ATM access will be treated as Cash Advances  
under this Agreement. Advances at authorized ATM’s are limited to a total of  
$500.00 during any 24-hour period. The total of all cash advances on your  
account  and  any  withdrawals  from  your  other  accounts  through  an  ATM 
in  any  24-hour  period  may  be  combined  for  the  purpose  of  this  limitation. 
We  are  not  responsible  if  any  ATM  does  not  have  enough  cash  for  your  
transaction or is not in proper working order.

Although we do not charge a fee for this service, others may. Owners of 
ATMs that we do not own may charge fees in addition to any fees disclosed 
in this Agreement.   This is not a fee charged by your Credit Union; however, 
any such fee will be added to your account. The party charging the fee is 
required to provide appropriate disclosures to you with regard to any such fees.

6.  Maximum Credit Limit

Your maximum credit limit will appear on the folder in which you receive your 
Card and on your monthly statement. At our discretion, we may change your credit  
limit  at  any  time,  and  may  provide  separate  limits  for  purchases  and  for  cash  
advances.  We  will  notify  you  if  we  do,  either  by  mail  or  through  your  monthly 
billing  statement. You  may  request  a  change  to  your  credit  limit  by  contacting 
the Credit Union by telephone or mail. Your continued use of the card will show 
your  agreement  to  any  such  increase.  If  you  object  to  an  increase  in  your 
credit  limit,  you  must  notify  Credit  Union  in  writing.  Upon  receipt  of  such 
notice, your credit limit will be reduced to its prior limit; however, you will be  
responsible  for  paying  any  amounts  by  which  you  have  exceeded  the  
reduced  limit.  You  agree  to  pay  any  amounts  you  owe  that  exceed  your  
maximum credit balance upon demand.

You agree we are not obligated to extend to you credit for any amount that 
would cause your outstanding balance to exceed your maximum credit limit, 
or for any amount if your outstanding balance already exceeds your maximum  
credit  limit.  Any  increase  in  your  maximum  credit  limit  requested  by  you 
will require you to make a written application for our approval. In assessing 
any increase to your credit limit under the provisions in this Section: (a) we 
may and you authorize us to review your credit history, including consumer  
credit reports; (b) you authorize us to have this review made by third parties to  
determine whether you meet the criteria we have set for such an increase; 

and (c) this process shall not be pre-screening under the Fair Credit Reporting  
Act or other applicable laws or regulations based on our existing relationship 
and this Agreement.

Credit  balances  in  excess  of  $1.00  will  be  refunded  upon  your  written  
request  or  automatically  after  six  months  by  depositing  the  credit  balance  to 
your share account or by mailing a check to the address to which statements are 
provided payable to the order of any cardholder.  You agree that the Maximum 
Credit Limit will at no time exceed the agreed upon amount, and that any credit 
balance will not be available or increase the Maximum Credit Limit available for 
new purchases or cash advances during any billing cycle.

7.  Payments

You will be jointly and severally liable and agree to pay the Credit Union for 
all  charges  (purchases,  cash  advances,  finance  charges,  and  other  charges 
added  to  your Account  under  the  terms  of  this  or  any  other  agreements  with 
us) extended to you or anyone else using any Card issued for your account, 
unless  the  use  of  such  Card  is  by  a  person  other  than  you,  who  does  not 
have  actual,  implied  or  apparent  authority  for  such  use  and  from  which  you  
receive no benefit. Authority includes, but is not limited to, any authorized user’s  
permitting another person to use any Card(s). Further, all users are obligated to 
us for all charges they make, authorize or permit.

The Credit Union can accept late or partial payments as well as payments 
that  are  marked  with  “paid  in  full”  or  other  restrictive  endorsements,  without  
losing  any  of  our  rights  under  this  Agreement.  If  you  pay  more  than  the  
Minimum  Payment  Due,  we  will  allocate  the  excess  amount  to  your  account 
balance  with  the  highest  annual  percentage  rate.  You  must  pay  the  Credit 
Union  in  U.S.  dollars  drawn  on  funds  on  deposit  in  the  United  States.  If  you 
make  payment  with  other  currencies  or  from  an  institution  domiciled  outside 
the United States, then your payment will not be credited until the funds have 
been  collected  by  us  in  U.S.  dollars.  The  Credit  Union  will  determine  the  
method  of  applying  payments  and  credits  to  your  account.  We  may  accept 
checks marked “Payment in Full” or with words of similar effect without losing 
any right to collect the full balance of your account.

If  you  have  a  promotional  rate  balance  on  your  account,  Founders  will 
allocate  payments/credits  to  your  account  as  follows:  Minimum  payments 
due  on  your  account  will  be  applied  first  to  pay  balances  incurred  during 
the  lowest APR  promotional  period  still  in  effect  on  your  account.  Payments 
in  excess  of  the  minimum  payment  due  will  be  applied  first  to  pay  balances  
incurred  during  the  highest  APR  period  still  in  effect  on  your  account.  
Applicable  terms  and  conditions,  which  are  disclosed  at  the  time  any  such  
promotion is offered, shall supersede the terms outlined under “payments” in the 
credit card Agreement and Disclosure Statement.

Unless  otherwise  required  by  specifically  applicable  laws,  for  payments 
received  by  mail  by  5:00  PM  EST,  you  will  receive  credit  that  day;  and  for  
payments made in any other manner, including in person, your account will be 
credited the day payment is received.

You  authorize  us  to  honor  any  Purchase  or  Cash  Advance  you  make 
by  telephone  or  mail  on  this  account.  You  agree  that  a  signature  is  not  
necessary  as  identification  in  such  cases.  We  reserve  the  right  to  refuse  to 
honor  any  request  for  credit,  to  reduce  your  credit  limit  or  terminate  your 
account  at  any  time  using  our  sole  discretion,  based  on  changes  in  the  
economy, the Credit Union’s financial condition, your creditworthiness or for any 
other reason not prohibited by law.

To protect you and us, the Credit Union, in its sole discretion, may place 
a  temporary  freeze  on  the  credit  available  to  you  under  this  agreement  any 
time  the  Credit  Union  receives  a  large  payment  ($1,000.00  or  more),  by  a 
method  other  than  cash,  certified  funds  or  electronic  transfer.  In  such  cases,  
the  Credit  Union  may  freeze  your  credit  line  until  payment  is  actually  
collected by us.

8.  Minimum Payment Due

You  can  pay  off  your  account  balance  in  full  each  month  or  you  can  pay 
in  monthly  installments.  If  you  do  not  pay  your  balance  in  full,  you  agree  to 
pay at least a minimum payment of 2% of your New Balance (rounded to the  
nearest  whole  dollar)  or  $15.00,  whichever 
the  New  
Balance  shown  on  your  periodic  statement  is  $15.00  or  less,  you  agree  to 
pay  this  amount.  Unless  the  Credit  Union  takes  other  action  as  a  result  of  a 
default  under  this  Agreement,  the  Minimum  Payment  Due  will  also  include 
any amount that is past due. Payments and credits will be applied first to pay 
billed but unpaid finance charges, late charges, and similar charges and next 
to  pay  cash  advances  and  purchases.  You  must  pay  at  least  the  minimum  
payment  each  month,  but  you  may  pay  more  than  that  amount  at  any  time 

is  greater. 

If 

without a penalty. The sooner you pay your new balance, the less you will 
have to pay in finance charges.

You  can  pay  ahead.  The  Minimum  Payment  Due  for  each  monthly  
billing cycle will be reduced by the amount you have paid in excess of the  
Minimum Payment Due as calculated above, in any of the three previous  
monthly  billing  cycles,  less  any  portion  of  the  excess  already  used  to  
reduce payments. However, there will be no reduction if you have exceeded  
your credit limit, if you have paid the entire new account balance shown on 
your billing statement, or if you are in default under this Agreement. You 
may pay your entire account balance at any time without penalty.
  Grace  Period  For  Repayment  Of  The  Balance  For  Purchases: 
Grace period for repayment of the balance for purchases is approximately 
30 days from the close of the billing cycle. See your statement for billing 
cycle date.

9.  Returns and Adjustments
  Merchants and others who honor your Card may give credit for returns 
or adjustments, and they will do so by sending the Credit Union a credit slip 
which will be posted to your Account. If your credits and payments exceed 
what you owe the Credit Union, the amount will be applied against future  
purchases and cash advances. If the credit balance amount is $1.00 or 
more, it will be refunded upon your written request or automatically after 
six months.

10.  Charges Made in Foreign Currencies

Additional  Charges  for  Transactions  in  a  Foreign  Currency  and  
“Cross-Border”  Transactions.  Currency  Conversion  Fee:  If  you  effect 
or  authorize  a  transaction  with  your  access  device  in  a  currency  other 
than US Dollars, VISA® / MasterCard® will convert the charge into a US  
Dollar amount. The VISA® / MasterCard® currency conversion procedure  
includes use of either a government mandated exchange rate, or a wholesale  
exchange  rate  selected  by  VISA®  /  MasterCard®,  as  applicable.  The  
exchange rate VISA® / MasterCard® uses will be a rate in effect on the 
day  the  transaction  is  processed.  This  rate  may  differ  from  the  rate  in  
effect on the date of the purchase or the date the transaction was posted 
to your account. A Currency Conversion Fee of up to 1% may be applied to  
transactions  that  are  converted  from  foreign  currencies  to  U.S.  dollars. 
Cross-Border  Transaction  Fee:  In  addition,  VISA  /  MasterCard  charges 
us a Cross-Border Assessment up to 1% on each transaction on all cross  
border transactions regardless of whether there is a currency conversion. For  
purposes of this Section, “cross-border transaction” shall include both (a) 
transactions initiated in a foreign country which are subsequently settled 
in the United States, and (b) transactions initiated in the United States but 
which are ultimately settled in a country outside of the United States. The 
Credit Union will assess these fees to you to reimburse it for the fee it is  
required to pay for each of your transactions subject to these terms. The 
fee(s) will be shown separately on your periodic billing statement(s).

11.  Variable Rate Information

Your  APR  for  purchase,  cash  advances  and  balance  transfers  
transactions may vary. Your Credit Card has a variable rate feature meaning  
that the Annual Percentage Rate (corresponding to the periodic rate) and 
the  term  of  your  Visa/MasterCard  loan  may  change  due  to  interest  rate  
fluctuations. The rate is determined by adding a margin between 6.60% 
and 14.65% to the prevailing U.S. Prime Rate. The Prime Rate used to 
determine your APR is the rate published in the “Money Rates” section of 
the Wall Street Journal on the 25th day of the prior month. The APR will 
change, if needed, based on this rate calculation method in the first month 
of each quarter. We reserve the right NOT to increase the variable rate if 
Prime increases.

12.  Finance Charges on Account Balance

A FINANCE CHARGE computed on a monthly periodic rate (“MPR”) 
will begin to accrue for new Purchases, if you do not pay the New Balance 
in full within 25 days after the billing date of the statement on which the new  
Purchases first appear. A FINANCE CHARGE computed on a monthly periodic 
rate (“MPR”) will begin to accrue on the transaction date of Cash Advance(s) 
or Purchases (except as provided above), or the first day of the billing cycle,  
whichever is later, and will continue to be imposed until you have paid any  
outstanding  balance  in  full.  The  Credit  Union  calculates  the  FINANCE 
CHARGE as follows:

a.  The  FINANCE  CHARGE  will  be  figured  by  applying  the  monthly 

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periodic rate of your Account, indicated in the following schedule, to the  
average  daily  balance  of  Purchases  and  Cash Advances.  The  monthly  
periodic  rate  and  ANNUAL  PERCENTAGE  RATE  (APR)  to  be  used  is 
determined by the account applied for or approved by us pursuant to the 
terms of your application.

APR 
MPR 

9.85% 
.8209% 

10.85%         13.85%          17.9% 
.9042%      1.1542%      1.4916% 

The  APR  and  MPR  are  variable  and  are  based  on  individual  
creditworthiness and our underwriting standards. Your actual rate will be 
set forth in your monthly statements.

You may consult with one of our loan officers regarding the category  
assigned after evaluation of a completed application for our Credit Card. 
Your APR will be set forth in each monthly statement.

b.  To get the total average daily balance on your Account, we take the 
beginning balance of your Account each day, add any new Purchases and 
Cash Advances, unpaid Finance Charges, current late payment fees, any 
annual  fee,  if  applicable,  and  other  fees,  and  subtract  any  payments  or  
credits. This is your daily balance. Then we add up all the daily balances 
for  the  billing  cycle  and  divide  their  total  by  the  number  of  days  in  the  
billing cycle. This gives you the average daily balance. This determines the 
balance subject to the FINANCE CHARGE.

c.  Minimum Finance Charge: There is a minimum finance charge of 

$1.00 each month. 
The Credit Union, in its sole discretion, may change the Monthly Periodic 
Rate and ANNUAL PERCENTAGE RATE from time to time.  Any change 
in  the  Finance  Charge  shall  apply  both  to  the  outstanding  balance  and 
any new Purchase and Cash Advances.  If the current effective rates are  
different, they are disclosed on an enclosed/attached insert.

13.  Promotional Finance Charges

From time to time and in our sole discretion we may offer a special 
rate  applicable  to  certain  transactions  such  as  particular  purchases  (as 
defined by us), balance transfers or cash advances.  Applicable terms and 
conditions will be disclosed at the time any such promotion is offered, and 
are incorporated into this Agreement by reference. The promotional rate 
will apply only to the transactions and for the period of time set forth in any 
such offer from us. Existing balances and new purchases or advances not 
expressly subject to any such promotion will remain governed by the terms 
and conditions of this Agreement. In addition, the terms and conditions of 
this Agreement will govern your obligations regarding any unpaid balance 
or transactions that are made subject to any such promotional offer, that 
are not fully paid within the time period set forth in such promotional offer.

14.  Interest Rate Adjustment (Default Rate) 

Founders  Federal  Credit  Union  will  adjust  the  interest  rate  on  your 
account whenever your account is three (3) minimum payments past due. 
We  will  change  the  interest  rate  to  a  variable  rate  of  17.9%  ANNUAL 
PERCENTAGE RATE, which is a monthly periodic rate of 1.49% on the 
first day of the billing cycle following the cycle that was three (3) minimum 
payments past due. After six (6) consecutive billing cycles of your account 
being paid pursuant to the terms of your agreements with the Credit Union, 
we will change the interest rate to the rate that is then applicable to your 
account,  which  will  become  effective  on  the  first  day  of  the  billing  cycle  
following the sixth consecutive billing cycle. 

15.  Monthly Statement
  We  will  send  you  a  monthly  billing  statement  whenever  there  is  
activity  on  your  account.  Your  monthly  statement  will  show  an  itemized 
list of current charges (Purchases and Cash Advances) to your account, 
your new balance, any Finance Charges, the minimum payment due, and 
the  payment  due  date.  In  addition,  it  will  show  your  current  credit  limit,  
payments,  and  credits,  a  summary  showing  your  Purchases  and  
Cash  Advances, 
terminal  or  financial  
institution at which transactions were made, as well as other information  
concerning  your  account.  Sales,  Cash  Advance,  credit  or  other  slips  
cannot be returned with any statement. You will retain a copy of such slip 
furnished  at  the  time  of  the  transaction  in  order  to  verify  your  monthly 
statement.

the  merchant,  electronic 

eStatements:  If provided electronically, you will be sent a notice via 
e-mail that will direct you to a site we maintain or cause to be maintained 

where you may access, review, print and otherwise copy/download your 
periodic statements using procedures that we authorize. E-mails from us 
will be sent to the e-mail address provided by any owner.

16.  Additional Benefits/Card Enhancements

The  Credit  Union  may  from  time  to  time  offer  additional  services  to 
your  Account,  such  as  travel  accident  insurance,  purchase  rewards  or  
rebates at no additional cost to you. You understand that the Credit Union 
is  not  obligated  to  continue  or  to  offer  such  services  and  may  withdraw 
or change them at any time. If these benefits are withdrawn prior to any 
accrued  use  by  you,  the  Credit  Union  will  have  no  obligation  to  provide 
the benefit or enhancement, or any other compensation or consideration.

17.  Merchant Disputes/ATM 

The Credit Union is not responsible for the refusal of any merchant or 
financial institution to honor your Card except as set forth in the Special 
Rules for Credit Card Purchases set forth at the end of this Agreement. 

18.  Skip Payment Option

At our option, we may offer you the opportunity to not make (“skip”) 
a  minimum  payment  during  certain  designated  billing  cycles  (“skip  
payment period”).  If you do not make your minimum payments as provided 
in this Agreement, during such designated billing cycles, you understand 
that we will continue to apply finance charges to your account. Beginning 
with the billing cycle following an allowed skip payment period, all other  
provisions of this Agreement will apply.  We have no obligation to accept  
yourapplication for any skip payment period offered, and you authorize us  
to  investigate  your  creditworthiness  including  obtaining  consumer  credit  
reports. We may charge you an application processing fee of up to $35.00 
for  each  skip  payment  period  that  we  may  offer  to  cover  our  costs  of  
investigating your qualifications for this extension including but not limited 
to the costs associated with researching your creditworthiness.

19.  Late Payment Fee

Credit Union will charge your account a late payment fee of up to $29.00 
for each billing period in which your minimum payment is not received by the 
statement closing date. This fee will be added to your account balance.

MasterCard®  Network”  if  the  following  conditions  are  met:  (1)  You  have 
not  been  grossly  negligent;  and  (2)  You  have  not  committed,  participated  
in  or  conspired  to  commit  any  fraudulent  act  or  scheme  involving  the  use 
of  your  credit  card  account.  Limited  Liability:  For  transactions  on  other  
networks or ATM transactions, you may be liable for unauthorized transactions  
using  your  Card  or  other  Access  Devices  that  occur  before  we  are  notified.  
However,  your 
than 
Visa®  or  MasterCard®  will  not  exceed  $50.00.  In  any  case,  you  will  not 
be  liable  for  any  unauthorized  use  after  notifying  us  of  the  loss,  theft  or  
unauthorized use of your Card or other Access Devices.

for  unauthorized  use  on  networks  other 

liability 

23.  Default

You  will  be  in  default  if:  (a)  you  fail  to  pay  the  Minimum  Payment  Due 
by  the  Payment  Due  Date;  (b)  the  Credit  Union,  in  its  sole  discretion,  
feels  insecure  (For  example:  Our  good  faith  belief  that  your  ability  to  pay 
your  acount  is  impaired;  use  of  your  account  in  any  manner  or  in  any 
way  that  may  expose  the  Credit  Union  to  a  risk  of  loss;  etc);  (c)  your  
ability  to  repay  is  materially  reduced  by  a  change  in  your  employment,  by 
an  increase  in  your  obligations,  by  bankruptcy  or  insolvency  proceedings  
involving  you,  by  your  death,  or  (for  community  property  state  residents 
only)  by  a  change  in  marital  status  or  domicile;  (d)  you  exceed  your  credit  
limit  without  our  permission;  (e)  you  have  made  a  false  or  misleading  
statement  to  us  in  your  application  or  otherwise;  (f)  you  are  in  default  
under  any  other  agreement  with  us;  (g)  if  you  use  or  authorize  the  use 
of  any  Card(s)  to  make  or  facilitate  any  illegal  transaction;  or  (h)  you  fail  to 
perform  any  of  your  other  obligations  under  the  terms  of  this Agreement  as 
it  may  be  amended.  Upon  default  we  may  close  your  Account  to  future  
purchases and advances and, to the extent not prohibited by Governing Law, 
demand  immediate  payment  of  your  entire Account  balance,  after  giving  you 
any  notice  and  opportunity  to  cure  the  default  if  required  by  applicable  law. 
The  Credit  Union’s  sole  obligation  hereunder  with  regard  to  determining  and  
declaring  an  event  of  default  is  the  exercise  of  “good  faith,”  based  on  its  
subjective  understanding  of  applicable  facts  and  law.  We  shall  also  have 
the  right  to  close  your  account  and  terminate  access  privileges  where  your  
account  is  inactive  for  such  periods  of  time  as  we  may  from  time-to-time  
determine to be appropriate for protecting both our and your interests.

20.  Returned Payment or Insufficient Funds Fee

Credit Union will charge your account up to a $29.00 fee if your payment 
by  any  method,  including  check,  electronic  transfer,  home  banking  
transaction  or  otherwise,  is  not  honored,  collected  by  us,  or  if  we  must 
return it to you because it cannot be processed for any reason. This fee 
may be added to your account balance, or collected from you on demand.

You  agree  to  pay  all  costs  incurred  by  the  Credit  Union  in  collecting  
any  amounts  you  owe  or  in  enforcing  or  protecting  the  Credit  Union’s  rights 
under  this  Agreement,  including  attorneys’  fees  of  20%  of  the  unpaid  
balance  or  such  greater  sum  as  may  be  reasonable,  and  also  those  costs, 
expenses  and  attorneys’  fees  incurred  in  any  appellate,  bankruptcy  and  
post-judgment proceedings, except as limited or prohibited by applicable law.

24.  Collection Costs

21.  Charge for Copies, Research and Card Replacement 

If you ask for a copy of any document, such as a sales slip or billing 
statement,  a  charge  of  $20.00  per  hour  may  be  imposed  for  the  time  it 
takes to research and locate the document. In addition, a copying fee of 
$2.00 per copy will be imposed. However, no charge will be imposed in 
connection with any actual or asserted billing error. We will charge a $6.00 
fee to replace a lost card.

22.  Your Responsibility and Liability for Unauthorized Use and Lost 
or Stolen Cards

If  your  Card  is  lost  or  stolen,  or  if  you  are  afraid  someone  used  or 
may use them without your permission, you must notify the Credit Union 
at once by calling (800) 370-6540, or providing written notice to: Founders  
Federal  Credit  Union,  607  N.  Main  Street,  Lancaster,  South  Carolina 
29720. If notice is given orally, you will promptly confirm it in writing. The 
Credit Union may require you to provide us certain information in writing  
to  help  us  investigate  any  unauthorized  use.  Further,  you  agree  to  
cooperate and assist us or any government or law enforcement agent or 
agency in investigating, collecting or pursuing any other rights (civil and  
criminal) relating to any unauthorized use. In this regard, you agree to file an  
appropriate police report when asked to do so. Do not use the Card after 
you  have  notified  the  Credit  Union,  even  if  you  find  them  or  have  them 
returned to you.

You  are  liable  for  all  transactions  that  you  authorize.  No  Liability:  
You  will  have  no  liability  for  unauthorized  use  of  your  Card    or  other  
Access  Devices  for  non-ATM  transactions  made  over  the  “Visa®  or 

25.  Updating and Disclosing Financial Information
  We may report your performance under this Agreement to credit reporting  
agencies  and  secure  follow-up  credit  reports  on  you  for  any  legitimate  
business reason, including if you fail to make your minimum payments on time. 
We can reinvestigate and reevaluate any information you provide on your credit 
card application at any time, and in the course of doing so, we may ask you to 
provide additional information, request credit bureau reports and/or otherwise 
verify  your  current  credit  standing. Access  to Account  Information: You  agree 
that all borrowers and authorized users will have access to information regarding  
transactions  on  your  account,  including  but  not  limited  to  purchases  and  
cash  advances,  account  balances,  account  history,  payments  and  other  
information relating to or arising with regard to this account or any transaction.

26.  Correcting the Credit Union’s Credit Report

If you think the Credit Union reported erroneous information about you to 
a credit reporting agency, call the Credit Union at the telephone number listed 
on  your  monthly  billing  statement.  Credit  Union  will  promptly  investigate  the 
matter.  Credit  Union  will  contact  each  credit  reporting  agency  whose  records 
may reflect an error. Credit Union will require them to correct your report if its 
investigation decides that you were correct. If Credit Union disagrees with you 
after the investigation, Credit Union will advise you, in writing or by phone, and 
instruct you how to submit to those agencies a statement of your position that 
will become a part of your credit record with them. The instructions will include 
the name, address, and phone number of each such agency, along with other  
pertinent information.

27.  Closing Your Account

Any  individual  cardholder  without  the  consent  of  other  cardholders,  
may  close  your  Account  at  any  time  by  notifying  the  Credit  Union  in  
writing.  Credit  Union  may  close  your  account  or  suspend  your  Card  
privileges  at  any  time  without  prior  notice.  Credit  Union  may  also  
reissue a different Card or different checks at any time. You must return the 
Card  to  the  Credit  Union  upon  request.  You  agree  that  the  Card  remains 
the  property  of  Credit  Union.  Each  Card  we  issue  will  have  an  expiration 
date. Upon expiration of your Card your account will automatically terminate;  
or the Credit Union, in its sole discretion, may extend your Agreement and 
issue  a  new  Card  with  a  new  expiration  date.  If  your  Account  is  closed,  
expires  or  your  credit  privileges  are  terminated  or  suspended,  you  will  
remain  responsible  for  paying  all  amounts  you  owe  us  according  to  the 
terms  of  this  Agreement.  Without  limiting  the  foregoing,  the  Credit  Union 
has the right to terminate your line of credit and to demand the return of all 
Cards, Access Checks and other access devices if the Credit Union, in its 
sole discretion, feels that it is insecure for any reason whatsoever; including  
but not limited to mismanagement of your account, failing to safeguard any 
access  device,  or  failing  to  cooperate  with  the  Credit  Union  or  others  with 
regard  to  any  claim  of  unauthorized  use  or  any  other  defense  to  payment 
under applicable law.

28.  Changing This Agreement

the 

terms  of 

The  Credit  Union  may  change 

this  Agreement,  
including the Annual Percentage Rate, at any time. Except where limited by  
applicable  law,  the  new  terms,  including,  but  not  limited  to,  increasing  the 
finance charge or the way the Credit Union calculates finance charges, late 
charges, and the minimum payment due, will apply both to new purchases 
and cash advances and to the existing outstanding balance of your account 
as of the day of the change. In accordance with applicable law, the Credit 
Union will notify you of any increased charge or change by writing to you at 
the most recent address shown for you on the Credit Union’s records.

29.  Delay in Enforcement/Waivers

The  Credit  Union  may  delay  or  waive  enforcement  of  any  of  the  
provisions  of  this  Agreement,  including  any  agreement  to  make  timely  
payments, without losing its right to enforce the same provision later or any 
other  provisions  of  this  Agreement.  You  waive  the  right  to  receive  notice 
of  any  waiver  or  delay  or  presentment,  demand,  protest  or  dishonor.  You 
also  waive  any  applicable  statute  of  limitations  to  the  full  extent  permitted 
by law and any right you may otherwise have to require the Credit Union to  
proceed against any person before suing you to collect. You understand that 
the Credit Union will not be liable for a merchant’s or other parties’ refusal to 
honor your Card whether due to an error by the Credit Union, the merchant, 
the Credit Union’s authorized agent, or other third party.

30.  Change of Name, Address or Employment

You will notify immediately the Credit Union in writing if your name, home 

address, or employment changes.

31.  Additional Terms of Credit Card Agreement

To the extent not prohibited by applicable law, the terms, interpretation  
and enforcement of any claim or dispute arising under this Agreement, as 
well  as  all  parties’  rights  and  duties,  will  be  governed  by  South  Carolina  
law  regardless  where  you  may  reside  or  use  your  account.  Further, 
this  Agreement  is  the  contract  which  governs  all  transactions  on  your  
Account even though sales, cash advances, credit or other slips may contain  
different terms. You may not transfer or assign your account or Card to any 
other  person.  The  Credit  Union  may  assign  or  transfer  this Account,  your 
Account  balance,  or  this  Agreement  to  another  person,  who  will  have  all 
of our rights hereunder. This Agreement is binding on your heirs and legal  
representatives.  If  there  are  joint  obligors  or  authorized  users  for  this  
credit plan, each of you will have the right to use the Account to obtain loans  
pursuant  to  the  terms  hereof.  Each  of  you  will  be  liable  for  all  obligations 
owing on the Account whether borrowed by you or otherwise and whether  
within  or  beyond  the  credit  limit.  Your  liability  will  be  joint  and  several.  
Either party has the right to cancel this Agreement. Further each of you are  
responsible for all amounts borrowed by any authorized user(s). Authorized 
users and other users may also be required to repay the amount owed for 
charges they make; however, you remain, at all times, primarily responsible 

for all amounts owed. All Cards, billing statements and notices will be mailed 
or  delivered  to  the  address  given  on  the  application  for  either  applicant  
unless you direct otherwise in writing. If any law or judicial ruling makes any 
provision of this Agreement unenforceable, the other provisions will remain 
in full force and effect. You agree that your account will also be subject to 
all  rules  and  regulations  of    Visa®  U.S.A.,  Inc.  and/or  MasterCard®,  as  
applicable.  If  there  is  any  conflict  between  this  Agreement  and  the  rules  
and  regulations  of  Visa®  U.S.A.,  Inc.  and/or  MasterCard®,  the  rules  and  
regulations of Visa® U.S.A., Inc. and/or MasterCard® will control.

32.  Convenient Payment Option

If  you  requested  the  Convenient  Payment  Option  in  your  Application,  
all  Minimum  Payments  due  will  automatically  be  deducted  from  your  
designated Checking or Savings account on your Payment Due Date. If your 
Account  does  not  contain  sufficient  funds,  no  automatic  deduction  will  be 
made; we will bill you for the Minimum Payment Due; and your account will 
be charged up to a $29.00 insufficient funds fee and you will be responsible 
for making the payment by some other means.

33. Insurance 

If you elect insurance, as set forth in your application, then the charges  
will  be  added  to  your  Account  balance  on  each  billing  cycle,  if  your  
insurance  application  is  approved.    Credit  insurance  is  voluntary  and  not  
required  to  obtain  a  Credit  Card  account  with  us.  You  have  a  right  to  
terminate this insurance at anytime by notifying us in writing. Insurance is not 
available for Visa® Business Platinum Cards.

34.  CURewards Terms and Conditions

a.  A program that awards points, which may be earned by using your 

Credit Card for Purchases. No points are earned for Cash Advances.

b.  Points are earned by awarding you one (1) point for every $1.00 in 
new Purchases made using your Credit Card (up to a maximum of 75,000 
points per year on Consumer Credit Cards). Points are awarded in respect 
to Account activity (e.g., a credit to an Account in respect to a prior Purchase 
will result in a reduction in the points awarded).

c.  You  can  redeem  your  points  for  travel,  merchandise  and  gift 

certificates.

d.  A complete list of program rules are available at CURewards.com, or 

you may obtain a copy by calling 1-800-370-6540.

e.  Points can be accumulated for up to five years (e.g., year one rolls off 
in the sixth year). We reserve the right to terminate the program at any time 
upon providing any notice required by applicable law. If terminated, we shall 
have no responsibility or liability for any points you have earned that you did 
not exchange prior to the end of the program. Also, if your account is closed 
for any reason, any accrued but unused points will be forfeited.

f.  Points are awarded only if your account is in good standing at the time 

of the award.

35.  Illegal Transactions
You  warrant  and  agree  that  your  Credit  Card,  other  access  device  or 
any  related  account  will  not  be  used  to  make  or  facilitate  any  illegal 
transaction(s)  as  determined  by  applicable  law;  and  that  any  such  use,  
including any such authorized use, will constitute an event of default under 
this Agreement.  Certain federal and/or state laws or Card Service Providers’  
Rules  may  limit  or  prohibit  certain  transactions  such  as  (but  not  limited 
to)  those  coded  as  possible  gambling  transactions. The  Credit  Union  may  
decline to accept, process or pay any transaction that we believe to be illegal or  
unenforceable  (regarding  your  obligation  to  pay  us  or  otherwise)  under  
applicable law; or which is otherwise limited or prohibited, including but not 
limited to any transaction involving or relating to any gambling activity. Such 
prohibition  or  limitations  may  affect  some  otherwise  proper  or  allowable  
transactions such as charges incurred at a hotel-casino. You understand and 
agree such limitations/prohibitions are not within the Credit Union’s control 
and that the Credit Union will not have any liability, responsibility or culpability 
whatsoever for any such use by you or any authorized user(s); or for declining  
to  accept,  process,  or  pay  any  such  transaction.    You  further  agree  to  
indemnify  and  hold  the  Credit  Union  harmless  from  any  suits,  liability,  
damages or adverse action of any kind that results directly or indirectly from 
any such use of your account and/or access devices.

36.  “Electronic  Signature”  Disclosure,  Communications,  Statements, 
Agreements and Notices

You  specifically  agree  that  the  Credit  Union  may  provide  all  disclosure,  
statements,  agreements,  notices,  amendments, 
revisions  and  other  
documents  electronically.  For  instance,  if  you  apply  for  any  service  on  our 
Website,  all  agreements  and  disclosures  will  be  made  available  to  you  
electronically.  You  will  be  able  to  download  and/or  print  these  disclosures, 
statements,  agreements  and  notices  through  an  appropriate  electronic  
terminal  and/or  printer.  You  should  review  all  such  disclosures,  statements, 
agreements  and  notices,  and  keep  them  in  a  safe  and  convenient  place. 
You  consent  and  agree  that  your  use  of  a  key  pad,  mouse  or  other  device 
to select an item, button, icon or similar act/action while using any electronic 
service  we  offer;  or  in  accessing  or  making  any  transactions  regarding  any  
agreement,  acknowledgment,  consent,  terms,  disclosures  or  conditions  
constitutes your signature, acceptance and agreement as if actually signed by 
you in writing. Further, you agree that no certification authority or other third party  
verification is necessary to the validity of your electronic signature; and that the 
lack of such certification or third party verification will not in any way affect the 
enforceability of your signature or any resulting contract between you and the 
Credit Union.

You  agree  that  we  have  no  obligation,  liability  or  responsibility 
to  respond,  act  upon,  or  follow  any  instruction  to  us  that  is  received  
electronically, by e-mail or otherwise, unless we are able to authenticate 
the  communication  to  our  satisfaction.  You  further  agree  that  the  Credit 
Union  has  no  obligation  or  liability  for  acting  upon  any  such  instruction  that 
it  in  good  faith  believes  to  be  authentic. You  further  acknowledge  and  agree 
that the Internet is inherently insecure; and agree that we have no liability or  
responsibility for any loss, claim or damages that arises or in any way relates 
to our response(s) to any e-mail or other electronic communication which we 
believe you have submitted to us.

37. RECORDING CONVERSATIONS

You understand and agree that for our mutual protection we may monitor 

and record any of our telephone conversations.

Your Billing Rights

KEEP THIS NOTICE FOR FUTURE USE

This  notice  contains  important  information  about  your  rights  and  our  

responsibilities under the Fair Credit Billing Act.

NOTIFY US OF ERRORS OR QUESTIONS ABOUT YOUR BILL.

If  you  think  your  bill  is  wrong,  or  if  you  need  more  information  about  a  
transaction on your bill, write us (on a separate sheet) at the address listed on 
your bill. Write to us as soon as possible. We must hear from you no later than 
60 days after we sent you the first bill on which the error or problem appeared. 
You can telephone us, but doing so will not preserve your rights.

In your letter, give us the following information:
- Your name and account number
- The dollar amount of the suspected error
- Describe the error and explain, if you can, why you believe there is an error.
- If you need more information, describe the item you are not sure about.
If you have authorized us to pay your credit card bill automatically from your 
savings  or  checking  account,  you  can  stop  the  payment  on  any  amount  you 
think is wrong. To stop the payment, your letter must reach us three business 
days before the automatic payment is scheduled to occur.

YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR 
WRITTEN NOTICE
  We  must  acknowledge  your  letter  within  30  days,  unless  we  have  
corrected the error by then. Within 90 days, we must either correct the error or 
explain why we believe the bill was correct.

After  we  receive  your  letter,  we  cannot  try  to  collect  any  amount  you  
question,  or  report  you  as  delinquent.  We  can  continue  to  bill  you  for  the 
amount you question, including finance charges and we can apply any unpaid 
amount against your credit limit. You do not have to pay any questioned amount 
while we are investigating, but you are still obligated to pay the parts of your bill 
that are not in question.

If  we  find  that  we  made  a  mistake  on  your  bill,  you  will  not  have  to  pay 
any  finance  charges  related  to  the  questioned  amount.  If  we  didn’t  make  a  

mistake, you may have to pay finance charges, and you will have to make up any 
missed payments on the questioned amount. In either case, we will send you a  
statement of the amount you owe and the date that it is due. If you fail to pay 
the amount that we think you owe, we may report you as delinquent. However, 
if our explanation does not satisfy you and you write us within 25 days telling us 
that you still refuse to pay, we must tell anyone we report you to that you have a 
question about your bill. And we must tell you the name of anyone we reported 
you to. We must tell anyone we report you to that the matter has been settled  
between us when it finally is.

If  we  don’t  follow  these  rules,  we  cannot  collect  the  first  $50  of  the  

questioned amount, even if your bill was correct.

SPECIAL RULES FOR CREDIT CARD PURCHASES

If  you  have  a  problem  with  the  quality  of  property  or  services  that  you  
purchase  with  a  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 property or services. There are two limitations on this right:
(a) You must have made the purchase in your home state, or if not within 

your home state, within 100 miles of your current mailing address;
(b) The purchase price must have been more than $50.00.
These limitations do not apply if we own or operate the merchant, or if we 
mailed you the advertisement for the property or services. Further, the Credit 
Union has no liability for any tort or related claims arising from such purchases.

State Law Disclosures

Notice  to  New  York  and  Vermont  Residents:    We  may  obtain  your  credit  reports  at 
any time for any legitimate purpose associated with the account, and application or a 
request for an account including but not limited to reviewing, modifying and collecting 
on your account. On your request we will inform you if such a report was ordered. If 
so, you will then be given the name and address of the consumer reporting agency  
furnishing the report. New York residents may contact the New York State Banking Dept. 
(1-800-518-8866) for a comparative list of credit card rates, fees and grace periods. 

Notice to Ohio Residents:  Ohio laws against discrimination require that all creditors 
make credit equally available to all creditworthy customers, and that credit reporting 
agencies maintain separate credit histories on each individual upon request. The Ohio 
Civil Rights Commission administers compliance with this law.

Notice to Married Wisconsin Residents:  No agreement, individual statement, or court 
order, applying to marital property will adversely affect the creditor’s interest unless the 
creditor, prior to the time credit is extended, is furnished with a copy of the agreement,  
statement,  or  order,  or  has  actual  knowledge  to  the  adverse  provision  when  the  
obligation to the creditor has occurred.

Notice to California Residents:  Regardless of your marital status, you may apply for 
credit in your name alone. After credit approval, you may use the credit card account up 
to its credit limit. You will be liable for payment of all amounts extended under the plan 
to you, any joint applicant or authorized user. Further, a negative credit report reflecting 
your credit record may be submitted to a credit reporting agency if you fail to perform 
the terms of your credit obligations.

Federally insured by NCUA.

Equal 
Opportunity 
Lender.

Copyright© 2010 by CURES, LLC. All rights reserved.

Form 4308

M-10282

Platinum Business Visa®/ 
Platinum Visa®/Platinum 
MasterCard® Agreement and 
Disclosure Statement Enclosed