Credit Card Agreement

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Effective as of December 23, 2019

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  CREDIT CARD AGREEMENT FOR EARNEDCARD MASTERCARD

 

Use of the MasterCard credit cards (each card issued under this Agreement, a “Card”) issued by Oriental Bank (“Oriental,” the “Bank” “us,” “our” or “we”) to the person(s) for which a revolving account is established under this Agreement (jointly and severally, if more than one, the “Cardholder,” “you” or “your”) shall be governed by the following terms and conditions and by the provisions of the disclosures applicable to the Card and those that we send you along with your Card (“Disclosure”), which constitute an integral part of these terms and conditions (these terms and conditions and the Disclosure, as both may be amended from time to time, the “Agreement”).

 

The Cardholder and/or the person(s) authorized to use the Account (as defined below) (each an “Authorized User”) may use the Card to purchase, rent or lease goods or services (“Purchases” or “transactions”) from establishments that honor the Card.

 

The Cardholder shall owe and promises to pay to the Bank the amounts charged to the revolving account that is the subject of this Agreement (the “Account”), for use of the Card by the Cardholder and any other Authorized User as payment for Purchases, FINANCE CHARGES and any other applicable charge, which sums shall be payable in full in legal tender of the United States of America (“U.S.”), pursuant to the provisions of this Agreement.

 

The Bank has retained Earned, LLC (“Servicer”) to service your Card and Account, including, but not limited to, Account maintenance, Account and Card management and customer service relating to the Card and Account. In this capacity, Servicer may act on our behalf, perform our obligations or enforce our rights under this Agreement. You are required to engage the Servicer for its services to be eligible for the Card and agree to its Terms of Service. You understand and acknowledge that we may share with Servicer any information you provide to us in connection with your Account and any information we collect in connection with your Account or Card in order for Servicer to provide you with products and/or services in connection with your Account and Card. Please see our Privacy Policy for additional information.

 

ACCOUNT INFORMATION: We need information about you to manage your Account. This includes, but is not limited to:

(1)       your legal name;

(2)       a valid U.S. mailing address and residential address (if different);

(3)       your date of birth;

(4)       your Social Security number or other government identification number;

(5)       your telephone number(s); and

(6)       your employment and income information.

 

You must tell us when this information changes. We may ask you for additional documents to verify any changes. We may restrict or close your Account if we cannot verify your information, or if you do not provide it as requested.

 

USING YOUR ACCOUNT: Using Your Account:

(1)       We may decline to authorize a transaction for any reason. This may occur even if the transaction would not cause you to go over your Credit Limit (as defined below) or your Account is not in default.

(2)       We will bill each transaction to your Account and will apply it against your available credit.

(3)       You must not use, or try to use, the Card for any illegal activity. You are responsible for any charges if you do.

(4)       We are not liable for any losses that may result when our services are unavailable due to reasons beyond our control.

(5)       You may use the Card to make Purchases only for personal, family or household purposes.

 

CREDIT LIMIT: You understand and agree that the Bank will establish, from time to time, a credit limit and that any Purchases that you charge against your Account may not exceed your credit limit then in effect (“Credit Limit”), unless otherwise permitted by the Bank. We or Servicer will inform you of your Credit Limit, which will also be included in each periodic Account Statement (as defined below) we send you. You agree that the Bank may change your Credit Limit from time to time based on the assessment of your creditworthiness. You are responsible for keeping an eye on your Credit Limit, on your Account balance, and for not making transactions that exceed the Credit Limit, unless permitted by the Bank. The Bank may permit you to exceed your Credit Limit from time to time; provided, however, the Bank maintains the right to decline or not process any transaction that exceeds the Credit Limit, cancel your Card, require its return or confiscate it and/or close the Account.  The Bank does not waive any rights herein by permitting you to exceed your Credit Limit, and no such prior approval to exceed your Credit Limit, no matter how regularly such approvals may occur, shall establish any course of dealing with the Bank. The Bank, at all times and regardless of any prior approval to exceed your Credit Limit, requires strict performance with all terms and conditions set forth herein.

 

OVER THE LIMIT SPENDING: As part of the Service, the Servicer enables you to track your earned but unpaid wages, create value for these unpaid wages by working with us to authorize temporary over-limit spending privileges equal to a portion of your earned but unpaid wages (such over-limit amount, the “Earned $”), view the value of your Earned $ and use your EarnedCard to spend up to your available credit plus Earned $ (“Available to Spend”). Based on your credit review, your Earned$ are dynamically determined and disclosed on the EarnedCard mobile app. These services are only available if you apply for and are issued a Card.  You may select different service plans in connection with the Card: the Standard Services or the Annual Services. Both plans provide you with access to the EarnedCard mobile application to manage your Card.

 

FINANCE CHARGES AND METHOD USED TO DETERMINE THE BALANCE ON WHICH THEY ARE CALCULATED: You shall pay a monthly FINANCE CHARGE calculated on the Average Daily Balance for Purchases (including Purchases for new merchandise and services and Annual Fee) charged to your Account for the corresponding billing period. The FINANCE CHARGE shall be calculated as follows:

 

ANNUAL PERCENTAGE RATE (“APR”):  To determine the APR, the Bank will use a rate of 0%. The APR is subject to change with prior notice to you in accordance with law.

 

Periodic Rate: To calculate the periodic rate (the “Periodic Rate”) we will divide by 365 the APR, and round the result to the seventh place after the decimal point. The result will be the daily Periodic Rate applicable for transactions.

 

Statement on the MAPR (Military Annual Percentage Rate) applicable to credit extensions to consumers:

 

Federal law provides important protections to members of the Armed Forces and their dependents in relation to extensions of consumer credit. In general, the cost of consumer credit for a member of the Armed Forces and his or her dependents cannot exceed an APR of 36%. This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account).

 

BALANCE ON WHICH THE FINANCE CHARGES ARE IMPOSED: To calculate the FINANCE CHARGE, we will use the average daily balance, including Purchases for new merchandise and services (the “Average Daily Balance”).

 

For each billing period, we obtain the Average Daily Balance for all transactions: (i) by taking the beginning balance for the transactions each day of the billing period, subtracting any payments and credits made during the day, and adding any new transactions and miscellaneous debits posted during the day (including Annual Fee), which gives us the “balance owed each day”; and (ii) then “balances owed each day” for a billing period are added together and the total is divided by the number of days in the billing period; the result is the Average Daily Balance.

 

CALCULATION OF THE FINANCE CHARGE: The FINANCE CHARGE corresponding to a certain billing period is established by multiplying the Average Daily Balance by the Periodic Rate, and then multiplying the product by the number of days in the billing period. The final product is the interest FINANCE CHARGE, and is reflected on your Account Statement.

 

The Purchases shall be assessed from the date the Bank pays the seller or person who renders the services. However, no FINANCE CHARGE will be assessed on Purchases for billing periods where there is no previous outstanding balance, provided that the total Account balance, including transactions made during the previous period, is paid or credited in full to the Bank by the payment due date.

 

Minimum Interest Fees: FINANCING CHARGES are assessed on the principal balance only. For details on fees and rates and any other information applicable to the Card, please see the Disclosure.

 

MONTHLY PAYMENT: You must pay the new balance shown on your Account Statement in full on or before the due date (the “Payment Balance”). Your due date is 25 days after the close of each billing period or cycle, and is set forth on the Account Statement. If the outstanding total balance for Purchases is paid in full by the due date and if there is no previous balance in said billing period, no FINANCE CHARGES will be assessed on the balance paid for Purchases. The Payment Balance is the sum of: (i) the balance due; (ii) any past due debts (the “Past Amount Due”); and (iii) any amount over your authorized Credit Limit. Your Account Statement will also include any other amounts you may owe us under this Agreement and any fees accrued by you. Such amounts are due on the due date. You may pay the total outstanding amount at any time.

 

APPLICATION OF PAYMENTS: If you pay less than the Payment Balance shown on the Account Statement, it will be applied in the following order: (1) to FINANCE CHARGES; and (2) to the outstanding balance for Purchases. As for payments that are greater than the Payment Balance required, the excess amount will be applied to the outstanding balance with the highest APR and any remaining amount of such excess will be applied to other balances in descending order, based on the applicable APR. Your payment will be credited as of the date of receipt if it: (i) is received at the address on the Account Statement by 5:00 pm EST Monday to Friday (except holidays); (ii) is made by a check from a bank in Puerto Rico or the U.S.; and (iii) you include the payment coupon. Neither cash payments nor payments at a branch are permitted. Previously programmed electronic payments through Servicer’s mobile application or website and other electronic payment services that are received by the Bank on or before 5:00 pm EST Monday to Friday (except holidays) will be processed and credited on the same day. If your payday is a Sunday or holiday, your payment will be considered a payment made on time provided it is received by the Bank during the next business day.

 

CHECK PROCESSING AND AUTHORIZATION: We may accept and process payments without losing any of our rights. We may delay the availability of credit until we confirm that your payment has cleared. This may happen even if we credit your payment to your Account. We may resubmit and collect returned payments electronically. If necessary, we may adjust your Account to correct errors, process returned and reversed payments, and handle similar issues. When you send us a check or item as payment, you authorize us to make a one-time electronic fund transfer from your deposit account. You also authorize us to process the payment as a check or item. We may withdraw the funds from your deposit account as early as the same day we receive your payment. You will not receive your check back from your bank. We may use the information from any check or item to create an electronic image. We may collect and return the image electronically. This electronic image may also be converted to a substitute check and may be processed in the same way we would process a check or an item. We will not be responsible if a check or an item you provide has physical features that when imaged result in it not being processed as you intended.

 

MONTHLY ACCOUNT STATEMENT: We or our Servicer will send you an account statement at the end of the billing period, which will include, but is not limited to, the following entries, as applicable: previous balance, payments, credits, debits, and Purchases made during the billing period, past due amounts, the FINANCE CHARGE, the APRs, the billing period closing date, the new Payment Balance and the due date (the “Account Statement”). You must notify the Servicer in writing of any error in the Account Statement, to the address shown on such Account Statement, within sixty (60) days following the date the first Account Statement on which the error or problem appeared was sent to you. We reserve the right to not send the Account Statement under the circumstances allowed by law, including, but not limited to, (i) billing periods at the end of which the Account has a zero balance and there was no activity during the billing period; (ii) if the Account is deemed uncollectible by the Bank or Servicer; (iii) if legal action to collect an outstanding debt has been filed; (iv) if the creditor has charged off the account in accordance with loan-loss provisions and will not charge any additional fees or interest on the account, or (v) when the law prohibits the Account Statement to be sent.

 

DEFAULT: You will have defaulted on this Agreement if you do not make any payment on time or as required by this Agreement, if you file for bankruptcy, or if you do not comply with any other provision of this Agreement or applicable law. Without limitation to any other rights under this Agreement or under applicable law, in case of default, the Bank or Servicer may demand payment of the entire outstanding balance. If the Bank or Servicer is forced to collect from you through a legal process, you may also incur legal expenses and attorney fees, as well as any other amounts allowed by law.

 

ANNUAL FEE: A $25 annual fee will be charged in connection with the Card (the “Annual Fee”). However, if you have subscribed to Servicer’s Standard Services, as defined and described in the Terms of Service entered into by you and Servicer, Servicer shall collect from you a monthly fee of $7 in accordance with the Terms of Service and Bank shall waive the Annual Fee. You understand that fees for the Standard Services are charged and collected by Servicer, while the Annual Fee is charged and collected by Bank, and that the Standard Services and Annual Services, as defined and described in the Terms of Service, are provided to you by Servicer pursuant to, and are governed by the Terms of Service. You acknowledge and agree Bank does not provide Standard Services or Annual Services. You further understand that you must obtain either Standard Services or Annual Services as a condition to obtaining or maintaining the Card. In the event you cancel your subscription to Standard Services or elect to receive Annual Services pursuant to the Terms of Service, Bank may charge you the Annual Fee in accordance with this section. The Annual Fee will be added to your Account Statement, whether or not you use your Card. The Annual Fee will be assessed starting the sooner of the date your application for the Card is approved, 30 days after approval of your application for the Card, or the date of your first paycheck after initiating Annual Services, and will continue each year until you cancel the Annual Services, subscribe to the Standard Services or until your use of the Card is terminated.

 

CURRENCY CONVERSION FEE: Any transaction made in foreign currency will be shown in U.S. dollars on your Account Statement. The conversion from foreign currency to U.S. dollars will be done by MasterCard International, Inc. (the “Association”). The foreign currency conversion will be done by using:

 

a)         An applicable rate of exchange selected by the Association amongst the various rates available in the foreign exchange market at the date your transaction is processed. The exchange rate used by the Association for this purpose could be different from the rate obtained by the Association itself, or

 

b)         The exchange rate determined by the applicable government for the date your transaction is processed.

 

The Association will assess a Currency Conversion Fee equal to 1% of the transaction amount in foreign currency. Please refer to the Disclosure or contact the Servicer at support.team@earnedcard.com for additional information on currency conversions and associated fees.

 

EXPRESS MAIL PLASTIC FEE: In the event you request expedited delivery of a new or replacement card, you shall be notified of and incur a fee of $25 (“Express Mail Plastic Fee”). Such Express Mail Plastic Fee shall be charged to your Card.

 

JOINT ACCOUNTS: The Cardholders, if more than one, will be jointly and severally liable for payment in full for any transactions posted to the Account or made with the Card. The Bank may require an application or signature from all Cardholders, in order to process certain instructions or requests, including, but not limited to (i) a request to increase or decrease the line of credit; (ii) the issuance of additional Cards; and (iii) a change to Account information. To the extent allowed by applicable law and regulations, you agree to indemnify and hold harmless the Bank, Servicer and their respective parent companies, affiliates, subsidiaries, directors, officials, employees and representatives from any liability for damage, loss or expenses arising from any action carried out by the Bank or Servicer in compliance with instructions provided by any of the Cardholders.

 

LOST OR STOLEN CARD: If the Card is lost or stolen or if you think someone might use it without your authorization, you should immediately notify the Servicer and complete and file any forms, complaints, statements or information that the Servicer may require from you. In case of loss, theft or potential unauthorized use, you may be liable for the unauthorized use of the Card for up to $50.00, unless you have notified the Servicer of the loss, theft or potential unauthorized use of the Card prior to any transaction, by notifying Servicer in writing to support.team@earnedcard.com or calling the number on the back of your Card.

 

YOUR BILLING RIGHTS: This notice contains important information about your rights and the Bank responsibilities under the Fair Credit Billing Act. We encourage you to keep it for future reference.

 

WHAT TO DO IF YOU FIND AN ERROR ON YOUR ACCOUNT STATEMENT: Notify us in case of any error or questions about your Account Statement. If you think your Account Statement is incorrect or if you need more information about a transaction on your Account Statement, write to the Servicer at support.team@earnedcard.com or to the address shown on your Account Statement as soon as possible. The Servicer must receive your letter no later than sixty (60) days after we sent you the first Account Statement on which the error or problem appeared. You may contact the Servicer by phone at the number on the back of the Card, but doing so will not preserve your rights as we are not required to investigate any potential errors and you may have to pay the amount in question. In your letter to the Servicer, you must provide the following information: (i) your name and Account number; (ii) the dollar amount of the suspected error; and (iii) describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the entry you are unsure about.

 

WHAT HAPPENS AFTER RECEIVING YOUR WRITTEN NOTICE: When your written communication is received, there are two things we must do: (i) within thirty (30) days of receiving your letter, the Servicer will acknowledge receipt; the Servicer will also tell you if the error has been already corrected; and (ii) within two (2) complete billing periods that will not exceed ninety (90) days after receiving your letter, the Servicer must either correct the error or provide you an explanation as to why we believe the Account Statement is correct.

 

While we investigate whether it is an error or not: (i) we will not try to collect from you the amount in question or report your Account as delinquent on that amount; (ii) the charge in question may remain on your Account Statement and we may continue to charge you interest on that amount; (iii) while you do not have to pay the amount in question, you are responsible for the remainder of the balance; and (iv) we may apply any unpaid amount against your Credit Limit.

 

After we finish the investigation, one of two things will happen: (i) if we made a mistake, you will not have to pay the amount in question or any interest or fee related to it; or (ii) if we do not think there was an error, you will have to pay the amount in question, along with applicable interest and fees. The Servicer will send you an Account Statement of the amount you owe and the date payment is due. We may report your Account as delinquent if you do not pay the amount the Bank believes you owe. If you receive our explanation but you still believe that the Account Statement is wrong, you must send the Servicer a written communication to support.team@earnedcard.com within the next ten (10) days notifying us that you still refuse to pay. If you do so, we will not report your Account as delinquent without also reporting that there is a dispute over your Account Statement.

 

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 the rules above, then it cannot collect from you the first $50.00 of the disputed amount, even if your Account Statement is correct.

 

YOUR RIGHTS IF YOU ARE DISSATISFIED WITH YOUR CREDIT PURCHASE: If you are not satisfied with the goods or services purchased with your Card and, provided you have tried in good faith to correct the problem with the merchant or seller, you may have the right not to pay the remaining amount due on the merchandise or service. There are three limitations to this right: (i) you must have made the purchase in your home state or within one hundred (100) miles of your mailing address, and the Purchase price must be more than $50; (ii) you must have used the Card for the purchase; and (iii) you must not yet have fully paid for the Purchase. These limitations do not apply if the business is owned or controlled by the Bank, or if the Bank sent you the advertisement or promotion for the goods or services. If all of these criteria are met and you are still dissatisfied with the Purchase, write to us at support.team@earnedcard.com. While we investigate, the same rules stated previously regarding the disputed amount apply. After we finish the investigation, we will notify you our decision. Then, if we believe that you owe any amount and you do not pay, we may report your Account as delinquent. In case of merchandise returns or adjustments to charges for services, the Cardholder shall accept a credit to the Account in lieu of a cash refund.

 

AMENDMENTS: The Bank reserves the right to amend this Agreement, including the APR, FINANCE CHARGES, the Annual Fee, the Credit Limit, and other fees and terms of this Agreement that constitute significant changes, as defined by law or regulation, at any time, by written notice to the Cardholder not less than forty-five (45) days before the effective date of the amendment, except as otherwise allowed by applicable law or regulation.  Any other amendment that is not a significant change, as defined by law or regulation, may be notified by the Bank and shall be effective pursuant to the time schedule provided by such law or regulation. Any amendment to FINANCE CHARGES or a significant term shall apply to transactions made beginning on the effective date of the amendment, which shall not occur prior to 14 days after the provision of such notice. For Accounts with more than one Cardholder, notice to any Cardholder shall be effective for all.

 

RIGHT TO REJECT AMENDMENTS: If you are notified of an amendment and you are given the opportunity to reject it, you must follow the instructions on the notice. If we do not receive the Payment Balance required within sixty (60) days after its due date, you will not have the right to reject an amendment.

 

ARBITRATION AGREEMENT: PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES OR CLAIMS BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL AND BINDING ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY DISPUTE OR CLAIM; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.

 

For purposes of this agreement to arbitrate, "you" includes any co-applicant or authorized user on your Account, or anyone else connected with you or claiming through you; and "we" or "us" includes the Bank and Servicer, all of their parents, subsidiaries, affiliates, successors, predecessors, employees, and related persons or entities and all third parties who are regarded as agents or representatives of us in connection with the Account, or the subject matter of the claim or dispute at issue.

 

All claims or disputes between you and us about or relating in any way to your Account, any prior account, your Agreement with us (including any future amendments), or our relationship are referred to as "Claims" for purposes of this agreement to arbitrate. Claims include, for example, claims or disputes arising from or relating in any way to transactions involving your Account; any interest, charges, or fees assessed on your Account; any service(s) or programs related to your Account; any communications related to your Account; any collection or credit reporting of your Account; and claims or disputes arising from or relating in any way to advertising and solicitations, or the application for, approval, or establishment of your Account. Claims are subject to arbitration regardless of whether they are based on contract, tort, statute, regulation, common law or equity, or whether they seek legal or equitable remedies. All Claims are subject to arbitration whether they arose in the past, may currently exist, or may arise in the future. Arbitration will apply even if your Account is closed, sold, or assigned; you pay us in full any outstanding debt you owe; or you file for bankruptcy. In the event that your account is sold and/or assigned, we retain our right to elect arbitration of Claims by you and you retain your right to elect arbitration of Claims by us.

 

We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. This agreement to arbitrate does not apply if you are covered by the Military Lending Act, and to the extent required by the Military Lending Act, nothing in this Agreement will be deemed a waiver of the right to legal recourse under any otherwise applicable law.

 

Governing Law.

 

This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq (“FAA”). Colorado law shall apply to the extent it is relevant under the FAA. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award.

 

How to reject this section?

 

You have the right to reject this agreement to arbitrate if you notify us no later sixty (60) days after you open your Account. You must do so in writing by stating that you reject this agreement to arbitrate and include your name, account number, address and personal signature. Your notice must be mailed to us at EarnedCard, P.O. Box 609, Niwot, CO 80544. Rejection notices sent to any other address, or sent by electronic mail or communicated orally, will not be accepted or effective.

 

What about class actions or representative actions?

 

YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE. If a court determines that this paragraph is not fully enforceable, only this sentence will remain in force and the remainder will be null and void, and the court’s determination shall be subject to appeal. This paragraph does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers, including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency.

 

How does arbitration work?

 

The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to EarnedCard, P.O. Box 609, Niwot, CO 80544. The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (“AAA”) or Judicial Arbitration and Mediation Services (“JAMS”). Rules governing consumer arbitration and forms may be obtained from, and Claims may be filed with, JAMS at (800) 352-5267 or jamsadr.com; or the AAA at (877) 495-4185 or www.adr.org. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator in accordance with FAA. Each of these organizations will apply its code of procedures in effect at the time the arbitration claim is filed. If there is a conflict between that code of procedures and this Agreement, this Agreement will control.

 

A single arbitrator designated by the arbitration administrator will decide the Claim under applicable law. The arbitrator is bound by the terms of this agreement to arbitrate. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, interpretation, formation, and validity of this arbitration agreement are for a court to decide. The arbitrator will honor all claims of privilege recognized by law. Subject to the prohibition set forth in this agreement to arbitrate, including the prohibition on class, representative, and consolidation procedures, the arbitrator will have the power to award to a party any damages or other relief provided for under applicable law. That is, a party will be entitled to recover in arbitration any damages or other relief that it could recover if it prevailed in a court proceeding as an individual. No arbitration award or decision will have any preclusive effect on issues or claims in any subsequent proceedings beyond the Claims at issue. The arbitrator’s authority is limited to Claims between you and us, and the arbitrator can award damages or relief only to you, but not to or on behalf of anyone else.

 

The arbitration will take place by phone or at a reasonably convenient location. If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on Claims you assert against us in an arbitration proceeding which you have commenced.

 

The arbitrator’s decision will be final and binding on the parties. An arbitrator's award shall consist of a written statement setting forth the disposition of each Claim. At the request of any party, the arbitrator shall also set forth a written explanation of the essential findings and conclusions on which the award is based.

 

A party can file a written appeal to the arbitration administrator within thirty (30) days after an award is issued. The appeal will proceed before a panel of three neutral arbitrators designated by the same arbitration administrator. That panel will consider all legal and factual issues anew, and make all decisions and awards by majority vote based on the documents and arbitration record without a hearing. Any review by a court shall be governed by the FAA. Any final arbitration award will be binding on the named parties and enforceable by any court having jurisdiction.

 

TERMINATION OF AGREEMENT, CARD CANCELLATION, AND TRANSACTION DENIAL: You may cancel this Agreement at any time by notifying the Bank or Servicer in writing and returning your Card cut in half to EarnedCard, P.O. Box 609, Niwot, CO 80544. The Bank reserves the right to cancel the credit approved under the Card and may terminate this Agreement at any time. The Card is property of the Bank and the Bank may: (i) cancel or revoke your right to use it at any time, with or without cause, and without prior notice, if permitted by law; (ii) suspend the use of the Card including, without limitation, for security reasons or if unusual or suspicious activity is detected in your Account, until the authenticity of the transaction is verified. The Bank may approve transactions that may exceed your credit limit, without waiving our rights under this Agreement.

 

The Bank may limit the number of transactions approved on any day and shall not be liable for transactions not approved by the Bank to a third party, even if you have available credit. You promise to return, upon request of the Bank, all Cards issued under this Agreement and to continue being responsible for payment of the full outstanding balance at the time of cancellation. Your obligations under this Agreement shall continue in effect regarding any outstanding balance, even when this Agreement is terminated by you or the Bank or in any other way. The Bank may issue a different Card at any time.

 

MISCELLANEOUS PROVISIONS: Failure by the Bank to enforce any right under this Agreement shall not constitute a waiver of such right. If any clause or part of a clause of this Agreement is held by a court to be unlawful or invalid for any reason or if it becomes unenforceable as a result of a legal or regulatory provision, the remaining provisions of this Agreement shall not be affected and shall remain in full force and effect.

 

You understand and agree that these Cards may not be used for business or corporate purposes. The Bank, at its discretion, reserves the right to convert your Account to any other type of revolving account at any time, provided that you meet all of the credit criteria established by the Bank for the new account.

 

YOU ARE NOT REQUIRED TO ACCEPT THE CARD, AND YOU MAY STILL REJECT THIS PLAN, PROVIDED THAT YOU HAVE NOT YET USED THE ACCOUNT OR PAID A FEE AFTER RECEIVING A BILLING STATEMENT. IF YOU DO REJECT THE PLAN, YOU ARE NOT RESPONSIBLE FOR ANY FEES OR CHARGES. THE CARDHOLDER IS ENTITLED TO RESCIND THIS AGREEMENT IF, WITHIN FIFTEEN (15) DAYS OF RECEIVING IT AND WITHOUT USING THE CARD(S), THE CARDHOLDER NOTIFIES THE SERVICER. Use of the Card by the Cardholder or by any Authorized User constitutes acceptance of the Card and of the terms and conditions of this Agreement by the Cardholder. If you do not wish to accept the Card, you must notify the Servicer within fifteen (15) days of receiving it, without using the Card. To notify that you do not wish to accept the Card, you must write to us at support.team@earnedcard.com. For additional information regarding your right to reject the plan and your Available Credit Notice please refer to the Disclosure, if applicable.

 

The Bank reserves the right to issue or not issue, or to renew or not renew, the Card(s).

 

The Bank or our Servicer may obtain and use credit, income and other information about you from credit bureaus and others as the law allows. We may evaluate your financial condition and investigate any information you provided on your Account application at any time and on a periodic basis. In the course of doing so, we or the Servicer may obtain a current credit report and ask you for additional information about your financial condition. You give us and the Servicer permission to obtain any information about you that we believe would be beneficial to facilitate our determination of your eligibility for the Account and the Card, including credit reports from consumer reporting agencies. We may report information about your Account to credit bureaus and others. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. Information we provide may appear on your and the Authorized Users’ credit reports. If you believe that we have reported inaccurate information about your Account to a credit bureau or other consumer reporting agency, notify us in writing at EarnedCard, P.O. Box 609, Niwot, CO 80544, or by email at support.team@earnedcard.com. When you write, tell us the specific information that you believe is incorrect and why you believe it is incorrect.

 

This Agreement will be binding on, and benefit, any of your and our successors and assigns. You may not sell, assign or transfer your Account or this Agreement to someone else without our prior written permission. We may sell, assign or transfer your Account and this Agreement without your permission and without prior notice to you. Any assignee or assignees will take our place under this Agreement. You must pay them and perform all of your obligations to them and not us. If you pay us after we notify you that we have transferred your Account or this Agreement, we can return the payment to you, forward the payment to the assignee, or handle it in another way that is reasonable.

 

This Agreement shall be governed and construed pursuant to the laws of the State of Colorado.

 

As security for any and all credit extended in connection with this Agreement, you hereby irrevocably and unconditionally grant to us a present and continuing security interest in any and all present and future funds on deposit with Evolve Bank & Trust and all contract rights, claims and privileges with respect of the account. You further agree to execute any and all agreements required to evidence control, as such term is used in Section 9-104 of the Uniform Commercial Code, of the account, including that certain joinder to the Master Pledge, Collateral Assignment and Control Agreement.

 

State Notices:

 

All Accounts, including California and Utah Residents: As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

 

California Residents: The applicant, if married, may apply for a separate account.  After credit approval, each applicant shall have the right to use this account to the extent of any credit limit set by the creditor and each applicant may be liable for all amounts of credit extended under this account to each joint applicant.

 

Wisconsin Residents: Your signature confirms that this loan obligation is being incurred in the interest of your marriage or family. No provision of any marital property agreement, unilateral statement or court decree adversely affects a creditor’s interest unless, prior to the time the credit is granted, the creditor is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision.

 

New York, Rhode Island and Vermont Residents: We may obtain at any time your credit reports, for any legitimate purpose associated with the Account or the application or request for an Account, including but not limited to reviewing, modifying, renewing and collecting on your Account. On your request, you will be informed if such a report was ordered. If so, you will be given the name and address of the consumer reporting agency furnishing the report. New York residents may contact the New York State Department of Financial Services to obtain a comparative listing of credit card rates, fees and grace periods. New York State Department of Financial Services - (800) 342-3736 or https://www.dfs.ny.gov/

 

New Jersey Residents: Because certain provisions of this Agreement are subject to applicable laws, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey.

 

Missouri, Nebraska and Washington Residents: Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt, including promises to extend or renew such debt, are not enforceable. To protect you (borrower) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it.

 

Massachusetts Residents: Massachusetts law prohibits discrimination based upon marital status or sexual orientation.

 

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