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Credit Card Agreement | Members 1st Federal Credit Union

CREDIT CARD AGREEMENT

Members st Federal Credit Union - Credit Card Agreement

Introduction. This Visa Credit Card Agreement ("Agreement") and the Disclosures accompanying this

Agreement will govern Your Visa Credit Card issued by Members st Federal Credit Union. By signing this

Agreement, activating the Card, using the Card, or permitting someone else to use the Card, You agree to be

bound by the terms of this Agreement.

 Meaning of Words. The following words have the following meanings in this Agreement and in the

monthly billing statement sent hereunder:

(a) "Agreement" means the Visa Credit Card Agreement and Disclosure furnished by us.

(b)"We", "Us" and "Our" means Members st Federal Credit Union, a federally chartered credit union,

with principal oces located in Mechanicsburg, PA.

(c) "You" and "Your" means each person who signs the application for the Account, is authorized to use

the Account or otherwise agrees to be bound by the terms of this Agreement.

(d)"Card" means any and all Visa Credit Cards we issue to You or to an authorized user of your Account

pursuant to this Agreement.

(e) "Account" means your Visa Credit Card Account with us.

(f) "Line of Credit" means the self-replenishing line of credit we make available to Your Account.

(g)"Advance" means any credit extended on Your Account for any purchases or Cash Advances.

(h)"Cash Advances" mean (i) any cash or credit extended on Your Account by us or by any other

institution that accepts a Card, (ii) any withdrawal of cash made by using a Card and personal

identication number ("PIN") at an automated teller machine ("ATM") or other type of electronic

terminal that provides access to the Visa system, or (iii) the amount of any balances transferred to

Your Account from another credit card or account.

 How To Use This Account. Your Account may be used to purchase or lease goods and services

("Purchases") from a merchant by presenting a Card or by giving a Card Account number. You must

follow any reasonable and proper procedures required by those honoring the card. Your Account may

also be used to obtain Cash Advances.

(a) By receiving cash or credit from nancial institutions that accept a Visa Credit Card.

(b)By making cash withdrawals with a Card at an ATM or other type of electronic terminal that

provides access to the Visa system; or

(c) By transferring to Your Account a balance from another credit card or account.

 Responsibility. You agree to pay all Advances, Interest Charges and other fees or charges charged to Your

Account arising from the use of a Card, or the Account, by You or anyone You authorize or permit to use

Your Account, or a Card, even if You do not notify us that others are using Your Account or a Card. Your

responsibility for charges made by anyone You authorize or permit to use Your Account or Card

continues until You notify us in writing at  Louise Drive, P. O. Box , Mechanicsburg, PA , and

recover and destroy any Card in such person’s possession. Your obligation to pay the Account balance

continues regardless of the terms of any agreement, divorce decree, or other court judgment to which we

are not a party. If more than one person signs the application for the Account, You are each jointly and

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severally responsible for all charges on the Account. You must have an open share account with us that

carries a minimum balance of $..

 Liability for Unauthorized Use. You understand that Your total liability to us shall not exceed fty dollars

($) resulting from the loss, theft or other unauthorized use of a Card that occurs prior to the time You

give notice to us provided that: You (a) provide timely notication of the loss, (b) agree to assist us in

connection with any investigation we perform in connection with unauthorized use of the Card, and (c)

complete such necessary documentation as per our request.

 Lost Card Notication. If You believe a Card has been lost or stolen, You must immediately call us at

() -.

 Credit Line. If we approve Your application, we will establish a Line of Credit for You and notify You of its

amount when we issue a Card. This amount is the credit limit for the Account. Unless You have agreed to

over limit services, You also agree not to let the Account balance exceed this approved credit limit. Each

payment You make on the Account will restore Your credit limit by the amount of the payment that is

applied to the principal balance owed on the Account. You may request an increase in Your credit limit,

which must be approved by us in our sole discretion. We may increase Your credit limit at any time, and

at our sole discretion, based on our evaluation of Your account status with only such notice as is required

by applicable law. We may reduce Your credit limit or terminate this Agreement for any reasons not

prohibited by applicable law, in our sole discretion, with only such notice as is required by applicable law.

You consent to our decision to increase or not to increase Your credit limit, whether such decision is

made in response to Your request, or whether unilaterally made by us. You may also terminate this

Agreement at any time, but termination by either of us does not aect Your obligation to pay the Account

balance. To terminate this Agreement, You must notify us in writing at  Louise Drive, P. O. Box ,

Mechanicsburg, PA , and recover and surrender to us the Card. The Card remains our property.

 Credit Information. You authorize us to investigate Your credit worthiness when opening, renewing or

reviewing Your Account, and You authorize us to disclose information regarding Your Account, including

any negative information, if applicable, to credit reporting agencies and other creditors who inquire of us

about Your credit standing. Members st Federal Credit Union utilizes a performance base lending policy

that will determine Your Annual Percentage Rate on Your individual creditworthiness, which is outlined

in Section , Interest Charge.

 Payments. We will mail You a billing statement every month showing Your previous balance comprised

of Purchases and Cash Advances, the current transactions on Your Account, Your credit limit, the

available credit, the new balance, the Interest Charges for the billing cycle, and the minimum payment

required. You may receive electronic statements and make payments by enrollment online at

Membersst.org. Each month You must pay at least the minimum payment shown on Your statement by

the payment due date shown on the statement or no later than twenty-ve () days from the statement

closing date, whichever is later. If Your statement says Your payment is "Now Due," Your payment is due

no later than twenty-ve () days from the statement closing date. You may pay more frequently, pay

more than the minimum payment or pay the new balance in full. If You make extra or larger payments,

You are still required to make at least the minimum payment each month Your Account has a balance

(other than a credit balance). The minimum payment will be either i) two percent (%) of Your new

balance or twenty dollars ($), whichever is greater, plus any portion of the minimum payment shown

on prior statement(s) which remains unpaid, or ii) Your new balance, if it is less than twenty dollars

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($). Any amount by which Your new balance is over Your credit limit shall be immediately due and

payable, without demand. We will apply Your minimum payment amount rst to any fees, then to

Interest Charges on Cash Advances, Balance Transfers and then to new Purchases, provided that

payments in excess of the minimum monthly payment will be allocated rst to higher rate balances, as

applicable. We may accept checks marked "payment in full", “accord and satisfaction” or with words of

similar eect without losing any of our rights to collect the full balance of Your Account, and any such

words will not be binding on us. Payments received at the address on Your billing statement by : PM

Eastern Time on any business day will be credited to Your Account as of that date; payments received by

mail at that address after :PM Eastern Time on a weekend will be posted to Your Account as of the

next business day. Payment crediting Your Account may be delayed up to ve days if Your payment is

received by mail at any other address or not accompanied by the remittance portion of Your Account

statement.

 Interest Charge.

Annual Percentage Rate. The Annual Percentage Rate is variable and is determined by adding

together an index and a margin. The index is the Prime Rate published in the Money Rates table of

the Wall Street Journal as of the last business day of each month and a margin. An increase or

decrease in the index will cause a corresponding change in Your Annual Percentage Rate on the rst

day of Your next new billing cycle. To determine the monthly periodic rate, we divide the Annual

Percentage Rate by . Changes to the Periodic Rate and Annual Percentage Rate will apply to the

entire unpaid principal balance. The Annual Percentage Rate will not exceed .% or the maximum

allowed by law, whichever is greater. The monthly Periodic Rate is equal to one-twelfth of the APR.

Method A- Average Daily Balances (including New Cash Advances). An Interest Charge will be

imposed on all Cash Advances from the date made or the rst day of the billing cycle in which the

Cash Advance is posted to Your Account whichever is later, and will continue to accrue until the date

of payment. The interest charge on Cash Advances for a billing cycle is computed by applying the

monthly Periodic Rate to the average daily balance of Cash Advances, which is determined by

dividing the sum of the daily balances during the billing cycle by the number of days in the cycle.

Each daily balance is determined by taking the beginning balance of Cash Advances on Your Account

each day, and adding any new Cash Advances and subtracting any payments or credits that are

applied to Cash Advances but excluding any unpaid Interest Charges.

Method G- Average Daily Balance (Including New Credit Purchases). An Interest Charge will be

imposed on Purchases only if You elect not to pay the entire new balance shown on Your monthly

billing statement for the previous billing cycle on or before the payment due date of that statement.

If You elect not to pay the entire new balance shown on Your previous monthly billing statement by

the payment due date, an Interest Charge will be imposed on the unpaid average daily balance of

Purchases from the previous statement closing date and on new purchases from the date of posting

to Your Account during the current billing cycle and will continue to accrue until the closing date of

the billing cycle preceding the date on which the entire new balance is paid in full or until the date of

payment if later than the payment due date. The Interest Charge on Purchase for a billing cycle is

computed by applying the monthly Periodic Rate to the average daily balance of Purchases, which is

determined by dividing the sum of the daily balances during the billing cycle by the number of days

in the cycle. Each daily balance is determined by taking the beginning balance of Purchases on Your

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Account each day, adding any new Purchases, and subtracting any payments or credits that are

applied to Purchases, but excluding any unpaid Interest Charges.

 Default. You will be in Default if You fail to make any two () consecutive minimum payments or other

required payments by the date that it is due, resulting in a delinquency status of sixty () days or

greater. You will be in Default if You break any promise You make under this Agreement or any other

agreement You enter into with us related to the subject of this Agreement. You will be in Default if You

die, le for bankruptcy, or become insolvent, that is, unable to pay Your obligations when they become

due. You will be in Default if You make any false or misleading statements in any credit application or

update of credit information. You will be in default if legal process, including a writ or order of

attachment, levy or garnishment, is issued against any of Your property, including deposit and share

accounts with us. You will also be in Default if something happens which we believe may substantially

reduce Your ability to repay what You owe. When You are in default we can demand immediate payment

of the entire amount You owe under this Agreement. If immediate payment is demanded, You will

continue to pay interest, at the applicable interest rates in eect under this agreement, until what you

owe has been repaid. We can also take appropriate action as authorized under the Uniform Commercial

Code to repossess any and all collateral pledged to secure repayment under this Agreement. To the extent

permitted by applicable law, You will also be required to pay our collection expenses, including court

costs and reasonable attorneys’ fees. We can also exercise any other rights given to us by law when You

are in Default. If You become sixty () days or more delinquent, Default pricing will be initiated after the

appropriate notication. Default pricing will convert all balances to an APR of .% for a minimum

period of six () months. The Default/Penalty APR will apply until You become current and make six

consecutive minimum monthly payments. Should You the cardholder become delinquent again within

that period a new six () month period will begin from that point in time forward. Afterward, without

additional delinquency, Your account will revert to the previous (if applicable) performance base APR that

shall be applied to the Account, which is outlined within the application and in Section , Interest Charge.

 Using the Card. You may use the Card, Card Account number, expiration date, security code and/or PIN

to make transactions on Your Account. You will not authorize anyone else to use Your personal Card

(other than users You have authorized who have been added to the Account) and You will not transfer

Your Card to anyone. You agree that You will not use or permit anyone to use the Card issued on this

Account for any transaction that is illegal under applicable federal, state or local law. Without limiting the

generality of the Default provisions contained elsewhere in this Agreement, You agree that illegal use of

any nancial service will be deemed an action of Default and/or breach of contract and such a service

and/or other related services may be terminated at our discretion. You further agree, should illegal use

occur, to waive any right to sue us for such illegal use or any activity directly or indirectly related to it.

Additionally, You agree to indemnify and hold us harmless from any suits or other legal action or liability,

directly or indirectly, resulting from such illegal use. We reserve the right to decline any transactions and

or block Your account for ongoing security and risk mitigation purposes that we consider fraudulent,

questionable, suspicious, or illegal, as determined by us in our sole discretion, and You further

understand that we will not knowingly authorize charges related to online gambling.

 Returns and Adjustments. Merchants and others who honor a Card may give credit or returns or

adjustments, and they will do so by sending us a credit transaction receipt, 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

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toward future Purchases and Cash Advances, and if the credit amount is one dollar ($) or more, refund it

on Your written request or automatically after six () months.

 Foreign Transactions. Purchases and Cash Advances made in foreign countries and foreign currencies

will be billed in U.S. Dollars. The exchange rate for transactions in a foreign currency will be a rate

selected by Visa from the range of rates available in wholesale currency markets for the applicable central

processing date, which rate may vary from the rate Visa itself receives, or the government mandated rate

in eect for the applicable central processing date. On foreign transactions You agree to pay all currency

exchange charges.

 Merchant Disputes. We are not responsible for the refusal of any merchant or nancial institution to

honor a Card.

 Security Interest. If You give the Credit Union a specic pledge of shares to secure Your Account by

signing a separate pledge of shares, You grant Us a security interest in such pledged shares. You may not

withdraw amounts that have been specically pledged to secure Your Account until the credit Union

agrees to release all or part of the pledged amount. You acknowledge and agree that Your pledge does not

apply during any periods when You are a covered borrower under the Military Lending Act. For clarity,

under the Military Lending Act, You will not be deemed within a period when Your pledge will apply, if: (i)

You Established Your credit card Account when You were not a covered borrower; or (ii) You cease to be a

covered borrower.

 Fees and Other Charges. In addition to the periodic rate, additional fees may be imposed on Your

Account, the fee amounts and explanations are disclosed on the Account Opening disclosure, which

accompanies this Agreement, and is incorporated here in as if set forth in full.

 Paid Ahead Options. We may allow You, from time to time, to omit a monthly payment. We will notify

You on Your monthly statement when the option is available. If You omit a payment, Interest Charges will

accrue on Your balance in accordance with this agreement. A Paid Ahead option does not extend the

period within which You must pay the new balance in order to completely avoid interest charges on

purchases. A minimum payment will be due in the month following the month in which You omit Your

payment. Depending on Your previous payment size Paid Ahead could be active for a total of two ()

weeks additional payment cycles before requiring another minimum payment amount.

 Eective Agreement. This Agreement is a contract which applies to all transactions on Your Account,

even though the receipts You sign or receive for Purchases, Credits, Cash Advances or other transactions

may contain dierent terms. We may amend this Agreement from time to time by sending You written

notice. As required by applicable law, we will give You written notice before the eective date of the

amendment. To the extent applicable law permits, and as we indicate in our notice to You, amendments

will apply to Your new Account balances not existing balances prior to the eective date of the

amendment.

 Choice of Law. This Agreement shall be construed in accordance with the applicable laws of the

Commonwealth of Pennsylvania and applicable federal laws.

 Dispute Resolution and Jury Trial Waiver. Any controversy, dispute or claim (“Claim”) arising out of or

relating to this Agreement, Your account, and/or the relationships of the parties hereto shall be

exclusively resolved by the Court of Common Pleas located in Cumberland County, Pennsylvania or the

United States District Court for the Middle District of Pennsylvania. THE PARTIES UNDERSTAND

THAT THEY WOULD HAVE HAD THE RIGHT TO HAVE A JURY DECIDE THEIR CASE. HOWEVER,

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THEY UNDERSTAND AND CHOOSE TO WAIVE TRIAL BY JURY. Any Claims against the Credit Union

must be brought in the respective party’s individual capacity and not as a plainti or class member in

any purported class, collective, representative, multiple plaintis or similar proceeding. The Court

resolving any Claims shall determine the prevailing party, and the costs and expenses of the proceeding,

including all attorneys’ fees, shall be borne by the non-prevailing party, unless otherwise required by law.

This mandatory dispute resolution provision shall survive the closing of Your Account and the

termination of this Agreement.

Rev /

YOUR CREDIT CARD 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: Members st Federal Credit Union, Card

Services Group, P.O. Box , Mechanicsburg PA -. 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 sixty () days after the error appeared on your statement.

At least four () business days before an automated payment is scheduled, if you want to stop payment on

the amount you think is wrong. 

You must notify us of any potential errors in writing. You may call us, but if you do, we are not required

to investigate any potential errors and you may have to pay the amount in question.

What Will Happen After We Received Your Letter.

When we receive your letter, we must do two things:

 Within thirty () 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.

 Within ninety () 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.

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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 of 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 ten () days

telling us that you still refused to pay. If you do so, we cannot report you as delinquent without also

reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported

you as delinquent, and we must let those organizations know when the matter has been settled between

us. If we do not follow all of the rules above, you do not have to pay the rst fty dollars ($) of the

amount you question even if you bill is correct.

Your Rights If You Are Dissatisfied With Your Credit Card Purchases.

If you are dissatised with the with the goods or services that you have purchased with your credit card, and

you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the

remaining amount due on the purchase. To use this right, all of the following must be true:

 The purchase must have been made in your home state or within  miles of your current mailing

address, and the purchase price must have been more than fty dollars ($). (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.)

 You must have used your credit card for the purchase. Purchases made with cash advances, from an ATM

that accesses your credit card account do not qualify.

 You must not yet have fully paid for the purchase.

If all of the criteria above are met and you are still dissatised with the purchase, contact us in writing at the

above address. While we investigate, the same rules apply to the disputed amount as discussed above. After

we nish 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.

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