Variable Rate Credit Card 
Agreement and
 Truth in Lending Disclosure

Visa® Platinum 
Visa® Platinum Rewards

Important Document
Please keep for your records

Hudson Valley Federal Credit Union

Variable Rate Credit Card 
Agreement and
 Truth in Lending Disclosure

In this Variable Rate Credit Card Agreement and Truth in 
Lending Disclosure (Agreement), the words you and your 
mean each and all of those who applied for the Card. Card 
means the Credit Card or Cards for which you applied 
and any duplicates or renewals we issue. Account means 
this open-end revolving line of credit account established 
pursuant to this Agreement. Charges are posted to the 
Account from the use of the Card, information from the Card 
or any other device or procedure by which the Account can 
be accessed. We, us and our mean Hudson Valley Federal 
Credit Union (HVFCU). 

RESPONSIBILITY 
You agree to repay all charges, purchases, cash advances 
and finance charges arising from the use of the Card and the 
Account. For example, you are responsible for charges made 
by yourself, your spouse, and minor children. You are also 
responsible for charges made by anyone else to whom you 
give the Card, and this responsibility continues until the Card 
is recovered. You cannot disclaim responsibility by notifying 
us, but we will close the Account for new transactions if 
you so request and return all Cards. Your obligation to pay 
the Account balance continues even though an agreement, 
divorce decree, or other court judgment to which we are 
not a party may direct you or one of the other persons 
responsible to pay the Account. 

If you have requested an authorized user on your Card, you 
agree to be responsible for all charges made by yourself and 
your authorized user. You understand the authorized user is 
not the person liable for debts incurred with the use of the 
Card, and that you are the person solely responsible for the 
Account. 

GOVERNING LAW
This agreement is made in New York and shall be governed 
by the laws of the State of New York to the extent that New 
York law is not inconsistent with controlling Federal law. 
New York’s choice of law rules shall not be applied if that 
would result in the application of non-New York Law.

CREDIT LINE 
We have established a revolving line of credit for you and 
will notify you of the credit limit when we issue the Card. 
You agree not to let the Account balance exceed this 

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approved credit line. Each payment you make on your 
Account will restore your credit line by the amount of the 
payment, which is applied to principal. If you request an 
increase to your credit limit and we approve the request, 
your use of the Card constitutes acceptance of the increased 
line. By giving you written notice we may reduce your credit 
line, or with good cause, revoke your Card and terminate 
this agreement. Good cause includes your failure to comply 
with this agreement, or an adverse re-evaluation of your 
creditworthiness. You may also terminate this agreement 
at any time, but termination by either of us does not affect 
your obligation to pay the Account balance. The Card 
remains our property and you must recover and surrender 
to us all Cards upon our request and upon termination of 
this agreement. 

USING THE CARD 
You understand that the use of your Card will constitute 
acknowledgment of receipt and agreement to the terms of 
this Agreement. 

To make a purchase, you and any authorized user may use 
the Card by presenting it to a participating VISA merchant 
or provide the Card information for purchases not made in 
person. To make a cash advance, there are two alternative 
procedures to be followed. One is for you and any 
authorized user to present the Card to a participating VISA 
merchant, to us or to another financial institution, and sign 
the sales or cash advance draft which will be imprinted with 
your Card. The other is to complete the transaction by using 
your Personal Identification Number (PIN) in conjunction 
with the Card in an Automated Teller Machine (ATM) or 
other type of electronic terminal that provides access to 
the Visa system. You may make cash withdrawals that total 
$1000.00 per day either individually or in aggregate. This 
service may not be available at all machines. Dollar amounts 
available may vary between machines. 

INACTIVITY 
At the time your Card is due to expire, if your Account has 
been inactive for a period of 23 months, we will not reissue 
another Card and your Account will be closed. You will then 
be required to re-apply and be re-qualified to use a Card.

ISSUANCE OF PERSONAL IDENTIFICATION NUMBER 
We will issue you a Personal Identification Number (PIN) 
for use with your Card. This PIN is confidential and should 
not be disclosed to anyone. In the event a use of your PIN 
constitutes an electronic funds transfer, the terms and 
conditions of your Electronic Funds Transfer Disclosure & 
Agreement apply. 

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LIABILITY FOR UNAUTHORIZED USE
You may be liable for unauthorized use of your Card. 

You will not be liable for unauthorized use that occurs 
after you notify us of the loss, theft, or other unauthorized 
use. In any case, your liability will not exceed $50.00 for 
unauthorized cash advances at ATMs, and zero liability for 
unauthorized purchases made with your Card. In order 
to qualify for the zero liability, you must not have been 
negligent or fraudulent in the handling of the Account. 

In case of loss or theft, call the credit union immediately at 
845-463-3011.

MONTHLY PAYMENT
We will mail you a statement every month showing your 
previous balances of purchases and cash advances, the 
current transactions on your Account, the remaining 
credit available under your credit line, the new balances of 
purchases and cash advances, the total new balance, the 
finance charge due to date, and the minimum payment 
required. Every month you must pay at least the minimum 
payment within 25 days of your statement closing date. 
You may pay more frequently, pay more than the minimum 
payment, or pay the total new balance in full, and you 
will reduce the finance charge by doing so. The minimum 
payment will be either (a) 2% of your total new balance, or 
$10.00, whichever is greater, or (b) your total new balance, 
if it is less than $10.00, plus (c) any portion of the minimum 
payment(s) shown on prior statement(s) which remains 
unpaid. In addition, at any time your total new balance 
exceeds your credit line, you must immediately pay the 
excess upon our demand. Payments made to your Account 
will be applied in the following order: fees, finance charges, 
purchases, and cash advances. We may accept checks 
marked “payment in full” or with words of similar effect 
without losing any of our rights to collect the full balance of 
your Account with us.

FINANCE CHARGE
HOW TO AVOID PAYING INTEREST ON PURCHASES:
Your due date is at least 21 days after the close of each 
billing cycle. We will not charge you any interest on 
purchases if you pay your entire new balance by the due 
date each month.

HOW WE WILL CALCULATE YOUR BALANCE:
We use a method called “Average Daily Balance (including 
new purchases)”.

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HOW WE CALCULATE YOUR BALANCE AND INTEREST 
CHARGE ON BALANCES:
We figure the interest charge on your Account by applying 
the applicable Periodic Rate to the “Balance Subject to 
Interest Rate” which is the “Average Daily Balance” of your 
Account for each feature category, including certain current 
transactions. Feature categories include purchases, balance 
transfers, cash advances and promotional balances. These 
calculations may combine different feature categories with 
the same “Monthly Periodic Rates”. The “Average Daily 
Balance” for each feature category is arrived at by taking 
the beginning balance of such feature category each day 
and adding any new transactions to the balance, except we 
will not include new purchases if you have paid in full the 
New Balance on your previous statement by the Payment 
Due Date or if the New Balance on your previous statement 
was zero. Cash advances incur an interest charge from the 
date they are posted to your Account. We then subtract any 
payments or credits and unpaid interest or other “Finance 
Charges” allocated to the feature category balance for 
the day. This gives us the daily balance for such feature 
category. The daily balances for such feature category are 
then added together and divided by the number of days in 
the billing cycle. The result is the “Average Daily Balance” 
for such feature category. The interest charge is determined 
by multiplying the “Average Daily Balance” by the monthly 
periodic rate.  If your periodic rate is computed using an 
index, your periodic rate(s) may vary. The Payment Due 
Date will be no less than 21 days after we have sent you 
your current monthly statement. For your Account to be 
considered current and to avoid a late payment fee, you 
must pay at least the Minimum Payment Due this period 
and any Past Due Amount by the due date shown on your 
statement.

For all Cards, the current Monthly Periodic Rate and the 
corresponding  interest rate will be disclosed to you in a 
separate letter enclosed with this Agreement/Disclosure.  

VARIABLE RATE 
Your Account is subject to a Variable Rate. Your ANNUAL 
PERCENTAGE RATE (APR) may increase (or decrease) if 
our index, the Wall Street Journal Prime Rate in effect on 
the fifth to last business day of the month increases (or 
decreases). When a range of rates is published in the Wall 
Street Journal on that day, the index will be the highest 
rate. Each month, the new index rate is added to the margin 
(disclosed separately in the letter enclosed) to calculate the 
ANNUAL PERCENTAGE RATE. The ANNUAL PERCENTAGE 
RATE, when changed, affects your entire balance and 
is effective the first full statement cycle following the 

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change in the Prime Rate. The ANNUAL PERCENTAGE RATE 
will never be more than NCUA’s rate ceiling. We will not 
accumulate unused index rate increases and decreases. 
Changes in the ANNUAL PERCENTAGE RATE will result in 
more (or fewer) payments. We may change the index with 
proper notice to you.

In accordance with federal regulation, for Card balance 
transfers conducted in certain situations such as, changing 
from one product to another within this credit union, the 
amount of the transferred balance will remain at the variable 
ANNUAL PERCENTAGE RATE in effect for the product from 
which the balance was transferred. For example, if you 
wish to change from a Visa Platinum Rewards card to a Visa 
Platinum Card and this change results in transferring the 
balance remaining on the Visa Platinum Rewards Card to the 
Visa Platinum Card, the variable ANNUAL PERCENTAGE RATE 
of the Visa Platinum Rewards Card must remain in effect 
on the amount transferred until such time that portion of 
the balance is paid in full and all future transactions will be 
charged the variable ANNUAL PERCENTAGE RATE in effect 
for the Visa Platinum Card. This does not apply in situations 
when your Card requires replacement, for example if your 
Card is compromised, lost, stolen, etc.

CHANGE IN TERMS
We have the right to change any of the terms of this 
Agreement, including but not limited to rates and fees, at 
any time. You will be given notice of a change as required by 
applicable law. Any change in terms governs your Account 
as of the effective date, and will, as permitted by law and 
at our option, apply both to transactions made on or after 
such date and to any outstanding Account balance. We may 
amend the Annual Percentage Rate on your Account, based 
on the results of our obtaining and evaluating your credit 
information. Use of your Account may constitute agreement 
to any change in terms.

RETURNS AND ADJUSTMENTS 
Merchants and others who honor the Card may give credit 
for returns or adjustments, and they will do so by sending us 
a credit, which we will post to your Account. If your credits 
and payments exceed what you owe us, we will hold and 
apply this credit balance against future purchases and cash 
advances, or if it is one dollar or more, refund it on your 
written request or automatically after 6 months. 

CASH ADVANCE FEE
For each cash advance conducted in person at a branch, we 
will assess a cash advance transaction fee equal to 2% of the 
amount of the cash advance. Cash advance transaction fees 
will be added to the cash advance balance on your Account.

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FOREIGN TRANSACTIONS 
Purchases and cash advances made in foreign countries and 
foreign currencies will be billed to you in U.S. dollars. The 
conversion into dollars will be made in accordance with the 
operating rules for international transactions established by 
Visa, USA, Inc. and may occur on a date other than the date 
of the transaction; therefore, the currency conversion rate 
may be different than the rate in effect at the time of the 
transaction. 

We do not determine the currency conversion rate that 
is used nor do we receive any portion of the currency 
conversion rate. You agree to pay the converted amount. 

The exchange rate to dollars will be a rate that is in effect 
for the applicable central processing date and is selected 
either from the range of rates available in wholesale 
currency markets; or the government mandated rate. An 
International Transaction Fee of 1% of the transaction 
amount will be assessed and will be shown independently 
of the transaction on your billing statement. 

CONSENSUAL SECURITY INTEREST 

(Shares/deposits as Security)
To secure performance of your obligations under this 
Agreement, you hereby grant us a security interest in 
all  individual  and  joint  share/deposit  account(s)  that 
you  may  have  with  us  from  time  to  time  and  in  any 
other money that we may owe you.  You understand 
and intend that by reason of such security interest here 
granted, we may satisfy your indebtedness under this 
Agreement by charging your share/deposit account(s) 
maintained  with  us  if  you  default  in  payment  under 
the  Agreement,  without  further  notice  to  you.    This 
security  interest  does  not  apply  to  any  Individual 
Retirement Account or any other account that would 
lose special tax treatment under state or federal law if 
given as security.

CROSS COLLATERAL 
To secure your Account, you grant us a purchase money 
security interest under the Uniform Commercial Code (UCC) 
in any goods you purchase through the Account, except 
property used for personal, family or household purposes.  
Any collateral securing other loans with us (other than your 
principal dwelling) will also secure advances made under 
this Agreement. If you default, we will have the right to 
recover any of these goods, which have not been paid for 

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through our application of your payments in the manner 
described under the paragraph Monthly Payments, as 
provided in this Agreement. 

MERCHANT DISPUTES 
We are not responsible for the refusal of any merchant, 
financial institution, or automated equipment to honor or 
accept your Card. 

We are subject to claims and defenses (other than tort 
claims) as described under YOUR BILLING RIGHTS. 

DEFAULT
You will be in default if: 
1. 

you fail to make any minimum payment within 25 
days of your statement date;  

2. 

3. 
4. 

5. 

you fail to live up to the terms and conditions of this 
Agreement and Truth-in-Lending Disclosure; 

your creditworthiness is impaired; 
you die, become insolvent, or are the subject of 
bankruptcy or receivership proceedings; 

you have made a misrepresentation in connection 
with the Card application and/ or this Agreement, or; 

6. 

you are in default on any other loan with us. 

If you are in default, we have the right to terminate this 
Agreement and demand immediate payment of your full 
Account balance, subject to our giving you any notice 
required by law. To the extent permitted by law, you will 
also be required to pay our collection expenses, including 
court costs and reasonable attorney fees. 

CREDIT INFORMATION 
You authorize us to disclose information regarding your 
Account to credit bureaus and other creditors who inquire 
of us about your credit standing. You also authorize us to 
request and use a report(s) from outside credit reporting 
agencies in considering your original request for credit or 
in connection with renewal or continuation of the credit for 
which you have applied. If you request it, we will tell you 
whether or not we asked for such a report, and if we have, 
give you the name and address of the agency or agencies. 

EFFECT OF AGREEMENT 
This agreement will be effective when you or an authorized 
user uses the Card or the Account, or if you fail to cut your 
Card in half and return it to us within 30 days after it is 
issued to you. This agreement applies to all transactions on 
your Account even though the sales, cash advance, credit, 
or other slips you sign or receive may contain different 
terms. 

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FEES
If you fail to make any minimum payment within 35 days of 
the statement date, a late fee will be imposed as set forth in 
the fee schedule.

Your Card is also subject to other applicable fees as set 
forth in the fee schedule. 

The fee schedule accompanies this Agreement and 
Disclosure and is incorporated by this reference. We will 
charge such fees against your Account. 

NO WAIVER 
We can delay enforcing any of our rights any number of 
times without losing them. 

STATEMENTS 
Statements and notices will be mailed to you at the most 
recent address given to us. Notice sent to any one of you 
will be considered notice to all. The monthly statement 
will identify the merchant, electronic terminal or financial 
institution at which transactions were made, but sales, 
cash advance, credit, or other slips cannot be returned with 
the statement. You should retain the copy of such slips 
furnished at the time of the transaction in order to verify 
the monthly statement.

ACCOUNT BALANCE RESTRICTIONS 
In order to be approved for and maintain a Secured Visa 
Account, you agree to give us a specific pledge of shares 
which will equal your credit limit. You may cancel your 
Secured Visa Account at any time without penalty and 
redeem your pledged shares by paying any amounts 
borrowed through the use of your Card. In order to be 
certain that your entire balance and all advances on your 
Account are paid, any shares pledged may not be available 
for 30 days after you have cancelled your Account and any 
outstanding balance is paid in full. 

AUTOMATIC PAYMENT SERVICE 
If you requested to have your Card payment made 
automatically, your payment will be made on the date 
printed on your statement. If the payment date falls on a 
weekend or holiday, the payment will be made the next 
processing day. Payments will be based on the ending 
balance from the previous month’s statement. 

If you wish to cancel this service, you may notify us either 
by calling or writing, at any time, up to 3 business days 
before the scheduled date of the transfer. You must follow 
up any oral notification, in writing, within 14 days of the 
oral notification. 

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ILLEGAL USE OF FINANCIAL SERVICES 
Any financial service provided by the credit union may be 
used for any transaction permitted by law. You agree that 
illegal use of any financial service will be deemed an action 
of default and/or breach of contract and such service and/or 
other related services may be terminated at our discretion. 
Illegal use includes, but is not in any way limited to, unlawful 
Internet gambling. You further agree, should illegal use occur, 
to waive the right to sue us for such illegal activity directly 
or indirectly related to it. You also agree to indemnify and 
hold the credit union harmless from any suits or other legal 
action or liability, directly or indirectly, including credit union 
expenses associated with defense of such law suits or other 
legal action, including attorney fees, resulting from such 
illegal use. 

BLOCKING CARDS AND/OR REFUSAL TO AUTHORIZE 
TRANSACTIONS
We may block this Card due to the appearance of unusual 
spending behaviors or block transactions originating in 
certain domestic or international regions where there is a high 
volume of fraud. 

CONVENIENCE CHECKS 
You can access your revolving line of credit to purchase 
goods and services or to obtain cash up to the amount of 
your credit limit through the use of convenience checks. 
Use of your convenience checks is a cash advance on your 
Account and is subject to a $10,000 daily limit. We are not 
required to honor a convenience checks that will cause you 
to exceed your credit limit. We will not pay a convenience 
check if at the time the check is presented, you are in 
default or we have suspended, terminated or cancelled your 
Account. Each convenience check must be in the form we 
have issued to you. Convenience checks may be used only 
by the person whose name is printed on the check. You are 
responsible for all authorized use of your convenience check. 
You may not use a convenience check to pay any amount 
which you owe us under your Account. Your monthly 
statement will show you an itemization of the convenience 
checks posted to your Account during the billing cycle. 
Convenience checks paid by us will not be returned to 
you with your monthly statement. You may order a stop 
payment on a convenience check by notifying us orally or 
in writing. Oral notices must be confirmed in writing within 
fourteen (14) days. Written stop payment orders will remain 
in effect for six (6) months, but may be renewed for an 
additional six (6) month period by written notice during the 
time the stop payment order was effective. We will charge 
a fee when we place a stop payment on your check(s). 
Convenience checks are the property of the credit union. We 

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reserve the right to revoke them at any time. You agree to 
return them at our request. 

INTEGRATED DOCUMENTS 
Any separate sheet of paper, which is delivered to you with 
this Agreement, is an integrated part of this Agreement and 
Disclosure. 

HOLDER IN DUE COURSE NOTICE (If applicable)

NOTICE: ANY HOLDER OF THIS 
CONSUMER CREDIT CONTRACT IS 
SUBJECT TO ALL CLAIMS AND DEFENSES 
WHICH THE DEBTOR COULD ASSERT 
AGAINST THE SELLER OF GOODS OR 
SERVICES OBTAINED PURSUANT HERETO 
OR WITH THE PROCEEDS HEREOF. 
RECOVERY HEREUNDER BY THE DEBTOR 
SHALL NOT EXCEED AMOUNTS PAID BY 
THE DEBTOR HEREUNDER.

YOUR BILLING RIGHTS - KEEP THIS DOCUMENT FOR 
FUTURE USE 
This notice tells you about your rights and our 
responsibilities under the Fair Credit Billing Act.

WHAT TO DO IF YOU FIND A MISTAKE ON YOUR STATEMENT:

If you think there is an error on your statement, write to us 
at:

Hudson Valley Federal Credit Union
P.O. Box 1071
Poughkeepsie, NY 12602-1071

You may also contact us on the web at hvfcu.org and click on 
“Contact Us.” 

In your letter, give us the following information:

• 

• 

• 

Account information: Your name and account 
number.

Dollar amount: The dollar amount of the suspected 
error.

Description of problem: If you think there is an error 
on your bill, describe what you believe is wrong and 
why you believe it is a mistake.

You must contact us:

Within 60 days after the error appeared on your statement.

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• 

• 

At least 3 business days before an automated 
payment is scheduled, if you want to stop 
payment on the amount you think is wrong. 

You must notify us of any potential errors in 
writing or electronically. You may call us, but if 
you do we are not required to investigate any 
potential errors and you may have to pay the 
amount in question.

WHAT WILL HAPPEN AFTER WE RECEIVE YOUR LETTER: 

When we receive your letter, we must do two things:

1. Within 30 days of receiving your letter, we must tell you 
that we received your letter. We will also tell you if we have 
already corrected the error.

2. Within 90 days of receiving your letter, we must either 
correct the error or explain to you why we believe the bill 
is correct.

 While we investigate whether or not there has been an 
error:
•  We cannot try to collect the amount in question, or 

report you as delinquent on that amount.

• 

The charge in question may remain on your 
statement, and we may continue to charge you 
interest on that amount.

•  While you do not have to pay the amount in question, 
you are responsible for the remainder of your 
balance.

•  We can apply any unpaid amount against your credit 

limit.

After we finish our investigation, one of two things will 
happen:
• 

If we made a mistake: You will not have to pay the 
amount in question or any interest or other fees 
related to that amount.

• 

If we do not believe there was a mistake: You 
will have to pay the amount in question, along 
with applicable interest and fees. We will send 
you a statement of the amount you owe and the 
date payment is due. We may then report you as 
delinquent if you do not pay the amount we think 
you owe.

If you receive our explanation but still believe your bill is 
wrong, you must write to us within 10 days telling us that 
you still refuse to pay. If you do so, we cannot report you as 
delinquent without also reporting that you are questioning 

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your bill. We must tell you the name of anyone to whom 
we reported you as delinquent, and we must let those 
organizations know when the matter has been settled 
between us.

If we do not follow all of the rules above, you do not have 
to pay the first $50 of the amount you question even if your 
bill is correct.

YOUR RIGHTS IF YOU ARE DISSATISFIED WITH YOUR 
CREDIT CARD PURCHASES:
If you are dissatisfied with the goods or services that you 
have purchased with your Card, and you have tried in good 
faith to correct the problem with the merchant, you may 
have the right not to pay the remaining amount due on the 
purchase.

To use this right, all of the following must be true:

1. The purchase must have been made in your home state 
or within 100 miles of your current mailing address, and 
the purchase price must have been more than $50. (Note: 
Neither of these are necessary if your purchase was based 
on an advertisement we mailed to you, or if we own the 
company that sold you the goods or services.)

2. You must have used your Card for the purchase. 
Purchases made with cash advances from an ATM or with a 
check that accesses your Card Account do not qualify.

3. You must not yet have fully paid for the purchase.

If all of the criteria above are met and you are still 
dissatisfied with the purchase, contact us in writing at:

Hudson Valley Federal Credit Union
P.O. Box 1071
Poughkeepsie, NY 12602-1071

or electronically at hvfcu.org and click on “Contact Us”.
While we investigate, the same rules apply to the 
disputed amount as discussed above. After we finish our 
investigation, we will tell you our decision. At that point, if 
we think you owe an amount and you do not pay, we may 
report you as delinquent.

Mandatory Arbitration
Any claim, dispute, or controversy (“Claim”) arising out of 
or relating to this Agreement or the relationships among 
the parties hereto shall be resolved by one arbitrator 
through binding arbitration administered by the American 

12

 
Arbitration Association (“AAA”) in the State of New York, 
under the AAA Consumer Rules in effect at the time the 
Claim is filed (“AAA Rules”). Copies of the AAA Rules and 
forms can be located at www.adr.org, or by calling 1-800-
778-7879. The arbitrator’s decision shall be final, binding, 
and non-appealable. Judgment upon the award may be 
entered and enforced in any court having jurisdiction. The 
costs of the arbitration, including arbitrator’s fees, shall be 
borne equally by the parties to the arbitration, unless the 
arbitrator orders otherwise. This clause is made pursuant 
to a transaction involving interstate commerce and shall 
be governed by the Federal Arbitration Act. Neither party 
shall sue the other party other than as provided herein or 
for enforcement of this clause or of the arbitrator’s award; 
any such suit may be brought only in Federal District 
Court or, if any such court lacks jurisdiction, in any state 
court that has jurisdiction. The arbitrator, and not any 
federal, state, or local court, shall have exclusive authority 
to resolve any dispute relating to the interpretation, 
applicability, unconscionability, arbitrarily, enforceability, 
or formation of this Agreement including any claim that all 
or any part of the Agreement is void or voidable. However, 
the preceding sentence shall not apply to the clause 
entitled “Class Action Waiver.”

Class Action Waiver
Any claim must be brought in the respective party’s 
individual capacity, and not as a plaintiff or class member 
in any purported class, collective, representative, multi-
plaintiff, or similar proceeding (“Class Action”). The parties 
expressly waive any ability to maintain any Class Action 
in any forum. The arbitrator shall not have authority to 
combine or aggregate similar claims or conduct any Class 
Action nor make an award to any person or entity not a 
party to the arbitration.Any claim that all or part of this 
Class Action Waiver is unenforceable, unconscionable, 
void, or voidable may be determined only by a court of 
competent jurisdiction and not by an arbitrator.  

THE PARTIES UNDERSTAND THAT THEY WOULD HAVE 
HAD A RIGHT TO LITIGATE THROUGH A COURT, TO 
HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO 
BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION.  
HOWEVER, THEY UNDERSTAND AND CHOOSE TO 
HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH 
ARBITRATION.

Waiver of Jury Trial 
Subject to and without modifying or waiving in any 
way the clauses above entitled “Mandatory Arbitration” 
and “Class Action Waiver,” each of the parties hereby 
unconditionally waives any right to a jury trial with respect 

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to and in any action, proceeding, claim, counterclaim, 
demand, dispute, or other matter whatsoever arising out of 
or related to this Agreement.

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LO14570-V5-5/17