Additional Benefits/Card Enhancements. The Credit Union may from time to time offer additional services and products in connection with your Account. You understand and agree that the Credit Union is not obligated to maintain such services and may withdraw or change them at any time. If any service or product is made available to you without cost, you understand and agree that the Credit Union may discontinue the service or product at any time or may begin to impose a charge for the service or product. FOREIGN TRANSACTIONS - The exchange rate between the transaction currency and the billing currency used for processing international transactions is 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 effect for the applicable central processing date, plus the 1% conversion fee charged by Visa may be assessed. JOINT ACCOUNTS - If this is a joint Account, each person on the Account must sign the Agreement. Each of you will be individually and jointly responsible for paying all amounts owed under this Agreement. This means that the Credit Union can require any one of you individually to repay the entire amount owed under this Agreement, or all of you together. Each of you authorizes the other(s) to make purchases or cash advances individually. Any one of you may terminate the Account in accordance with the Changing or Terminating Your Account Section of this Agreement and the termination will be effective as to all of you. If you give inconsistent instructions, the Credit Union may refuse to follow your instructions. ILLEGAL TRANSACTIONS PROHIBITED - You agree that you will not use your Card for any transaction that is illegal under applicable federal, state, or local law. ARBITRATION - PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS EXPRESSLY SET FORTH BELOW, YOU SPECIFICALLY AGREE (1) TO WAIVE YOUR RIGHT TO BRING A COURT ACTION AND HAVE A JURY TRIAL, (2) THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM TO THIS AGREEMENT, THE PLAN OR ANY TRANSACTION WITH RESPECT TO THE PLAN SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION CONDUCTED IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND (3) THAT THERE WILL BE NO CLASS CLAIMS IN ARBITRATION. Any such controversy or claim (whether a contract, tort, statutory or regulatory claim or claim based on any other legal theory) initiated by you or us against the other, or against any employee, agent or assign of the other, shall be submitted to and resolved on an individual basis by binding arbitration in accordance with the Federal Arbitration Act. The arbitration proceeding shall be conducted before one arbitrator from the American Arbitration Association (the "AAA") under the Commercial Arbitration Rules, including the Supplementary Procedures for Consumer-Related Disputes, of the AAA. Information regarding arbitration, the AAA and the rules of the AAA may be obtained by calling (▇▇▇) ▇▇▇-▇▇▇▇ or online at ▇▇▇.▇▇▇.▇▇▇. You and we agree that any such arbitration shall be held and conducted in Bay County, Florida. Judgment upon any award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The arbitrator shall determine the prevailing party, and the costs and expenses of the arbitration proceeding, including the arbitrator's fees, shall be borne by the non-prevailing party, unless otherwise required by law or the Commercial Arbitration Rules, including the Supplementary Procedures for Consumer-Related Disputes, of the AAA. Arbitration claims shall be submitted and resolved on an individual basis, and the arbitrator will not consider or address class claims brought by or on behalf of other persons, or award punitive or any other monetary damages other than the prevailing party's actual damages. You and we recognize and agree that this agreement, any addendum to this agreement and the Plan involve transactions in interstate commerce within the meaning of the Federal Arbitration Act. You and we agree that no provision of this agreement, nor the exercise of any right under this agreement, shall limit the right of you or us to: (1) obtain provisional or ancillary remedies, such as injunctive relief, writ of attachment, or protective order (other than a stay of arbitration), from a court having jurisdiction before, during, or after the pendency of any arbitration, (2) exercise self-help remedies, such as set-off; (3) foreclose against or sell any real or personal property collateral by the exercise of a power of sale under a mortgage or other security agreement or instrument, a deed of trust, or applicable law; or (4) exercise any other rights under this agreement upon the breach of any term or condition herein. You and we agree further that no provision of this agreement, nor the exercise of any right under this agreement, shall limit (1) your right to pursue your claim in small claims court if your claim is within that court's jurisdictional limits and we are subject to the jurisdiction of that court, and (2) our right to proceed with claims relating solely to the collection of amounts owing by you under this agreement or the Plan through all other legal methods, including, but not limited to, proceeding in court to obtain judgment. Moreover, you and we agree that this arbitration agreement shall not apply or relate to credit cards issued by us to you or to any agreement with respect thereto. You and we agree that the invalidity or unenforceability of any portion of this arbitration provision shall not affect the validity and enforceability of the remaining portion and the remaining portion shall be given full force and effect. EFFECT OF AGREEMENT - This Agreement is the contract that applies to all transactions on your Account even though the sales, cash advance, credit or other slip you sign or receive in connection with a transaction from someone other than the Credit Union may contain different terms. NO WAIVER - The Credit Union may delay enforcing any of its rights any number of times without losing them. STATEMENTS AND NOTICES - Statements and notices will be mailed to you at the most recent address you have given the Credit Union. Notice sent to any one of you will be considered notice to all, unless applicable state law requires notice to each of you. YOUR BILLING RIGHTS Keep this Document for Future Use This notice tells you about your rights and our responsibilities under the
Appears in 1 contract
Sources: Visa® Credit Card Agreement
Additional Benefits/Card Enhancements. The Credit Union may from time to time offer additional services and products in connection with to your Account, such as travel accident insurance, purchase rewards or rebates at no additional cost to you. You understand and agree that the Credit Union is not obligated to maintain continue or to offer such services and may withdraw or change them at any time. If these benefits are withdrawn prior to any service accrued use by you, the Credit Union will have no obligation to provide the benefit or product enhancement, or any other compensation or consideration. MERCHANT DISPUTES: The Credit Union is made available not responsible for the refusal of any merchant or financial institution to honor the card. Please refer to the section titled “Your Billing Rights” for more information. All disputes are governed by VISA rules. 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 (6) months. When Your Account may be Closed and Effects of Account Closing: Any individual cardholder without cost, you understand and the consent of other cardholders may close your Account at any time by notifying us in writing as indicated in this Agreement. Credit Union may close your account or suspend your Card privileges or Convenience Checks 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 or the Convenience Checks to the Credit Union upon request. You agree that the Card and all Convenience Checks remain the property of Credit Union may discontinue the service or product at any time or may begin to impose a charge for the service or productUnion. FOREIGN TRANSACTIONS - The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from the range Each Card we issue will have an expiration date. Upon expiration of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, your Card your account will automatically terminate; or the government mandated rate Credit Union, in effect for the applicable central processing its sole discretion, may extend your Agreement and issue a new card with a new expiration date. If your account is closed, plus the 1% conversion fee charged by Visa may be assessed. JOINT ACCOUNTS - If this is a joint Accountexpires or your credit privileges are terminated or suspended, each person on the Account must sign the Agreement. Each of you will be individually and jointly remain responsible for paying all amounts owed under you owe us according to the terms of this Agreement. This means that Without limiting the Credit Union can require any one of you individually to repay the entire amount owed under this Agreement, or all of you together. Each of you authorizes the other(s) to make purchases or cash advances individually. Any one of you may terminate the Account in accordance with the Changing or Terminating Your Account Section of this Agreement and the termination will be effective as to all of you. If you give inconsistent instructionsforegoing, the Credit Union may refuse has the right to follow terminate your instructions. ILLEGAL TRANSACTIONS PROHIBITED - You agree line of credit or any part of the services provided pursuant to this Agreement and to demand the return of all cards, access checks and other access devices if the Credit Union, in its sole discretion, feels that you will not use your Card it is insecure for any transaction that is illegal under applicable federalreason whatsoever; including but not limited to mismanagement of your account, statefailing to safeguard any access device, or local law. ARBITRATION - PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS EXPRESSLY SET FORTH BELOW, YOU SPECIFICALLY AGREE (1) TO WAIVE YOUR RIGHT TO BRING A COURT ACTION AND HAVE A JURY TRIAL, (2) THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM TO THIS AGREEMENT, THE PLAN OR ANY TRANSACTION WITH RESPECT TO THE PLAN SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION CONDUCTED IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND (3) THAT THERE WILL BE NO CLASS CLAIMS IN ARBITRATION. Any such controversy or claim (whether a contract, tort, statutory or regulatory claim or claim based on creation of any other legal theory) initiated credit balances by you that may increase the risk of loss or us against the other, or against any employee, agent or assign exposure of the other, shall be submitted Credit Union or failing to and resolved on an individual basis by binding arbitration in accordance cooperate with the Federal Arbitration Act. The arbitration proceeding shall be conducted before one arbitrator from the American Arbitration Association (the "AAA") under the Commercial Arbitration Rules, including the Supplementary Procedures for Consumer-Related Disputes, Credit Union or others with regard to any claim of the AAA. Information regarding arbitration, the AAA and the rules of the AAA may be obtained by calling (▇▇▇) ▇▇▇-▇▇▇▇ or online at ▇▇▇.▇▇▇.▇▇▇. You and we agree that any such arbitration shall be held and conducted in Bay County, Florida. Judgment upon any award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The arbitrator shall determine the prevailing party, and the costs and expenses of the arbitration proceeding, including the arbitrator's fees, shall be borne by the non-prevailing party, unless otherwise required by law or the Commercial Arbitration Rules, including the Supplementary Procedures for Consumer-Related Disputes, of the AAA. Arbitration claims shall be submitted and resolved on an individual basis, and the arbitrator will not consider or address class claims brought by or on behalf of other persons, or award punitive unauthorized use or any other monetary damages other than the prevailing party's actual damages. You and we recognize and agree that this agreement, any addendum defense to this agreement and the Plan involve transactions in interstate commerce within the meaning of the Federal Arbitration Act. You and we agree that no provision of this agreement, nor the exercise of any right payment under this agreement, shall limit the right of you or us to: (1) obtain provisional or ancillary remedies, such as injunctive relief, writ of attachment, or protective order (other than a stay of arbitration), from a court having jurisdiction before, during, or after the pendency of any arbitration, (2) exercise self-help remedies, such as set-off; (3) foreclose against or sell any real or personal property collateral by the exercise of a power of sale under a mortgage or other security agreement or instrument, a deed of trust, or applicable law; or (4) exercise any other rights under this agreement upon the breach of any term or condition herein. You and we agree further that no provision of this agreement, nor the exercise of any right under this agreement, shall limit (1) your right to pursue your claim in small claims court if your claim is within that court's jurisdictional limits and we are subject to the jurisdiction of that court, and (2) our right to proceed with claims relating solely to the collection of amounts owing by you under this agreement or the Plan through all other legal methods, including, but not limited to, proceeding in court to obtain judgment. Moreover, you and we agree that this arbitration agreement shall not apply or relate to credit cards issued by us to you or to any agreement with respect thereto. You and we agree that the invalidity or unenforceability of any portion of this arbitration provision shall not affect the validity and enforceability of the remaining portion and the remaining portion shall be given full force and effect. EFFECT OF AGREEMENT - This Agreement is the contract that applies to all transactions on your Account even though the sales, cash advance, credit or other slip you sign or receive in connection with a transaction from someone other than the Credit Union may contain different terms. NO WAIVER - The Credit Union may delay enforcing any of its rights any number of times without losing them. STATEMENTS AND NOTICES - Statements and notices will be mailed to you at the most recent address you have given the Credit Union. Notice sent to any one of you will be considered notice to all, unless applicable state law requires notice to each of you. YOUR BILLING RIGHTS Keep this Document for Future Use This notice tells you about your rights and our responsibilities under the.
Appears in 1 contract
Sources: Credit Card Agreement