The Bank of Missouri Juzt Credit Card Agreement

Pricing Summary 

How We Will Calculate Your Balance: We use a method called “average daily balance (including new transactions).” See your Card Agreement for more details.

Interest Charges – No Grace Period:  We charge interest on purchases, cash advances, interest charges, and fees from the date they are posted to your Account.  There is no grace period. 

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your Card Agreement.

Minimum Payments: You may pay the entire Account balance at any time. Each billing period you must pay at least the Minimum Payment Due by the Payment Due Date shown on your billing statement. The Minimum Payment Due will be the sum of any past due amount plus the greater of: 

• 10% of your outstanding balance, plus any new late fee, or
• $25.

Cash Advance Fee. In addition to the Interest Charge on cash advances, there is a fee of $5 or 5%, whichever is greater, for each cash advance posted to your Account that month. Cash Advance Fees will not be assessed during the first twelve (12) months after your Account is open.

Foreign Currency Transaction Fee. Your Account will be assessed a foreign currency transaction fee equal to 3% of any transaction made in a foreign currency that is converted to U.S. Dollars. This fee will not be assessed to foreign transactions made in the first 12 months your Account is open.

Annual Fee. Your Account will be assessed an Annual Fee of $99. The Annual Fee will be billed to your Account once the Account is opened, and on or about your anniversary date each year. Your payment of the Annual Fee does not affect our right to close your Account or our ability to limit transactions on your Account.

Monthly Maintenance Fee. Beginning with the first billing cycle that immediately follows the one (1) year anniversary of your Account opening, your Account will be assessed a monthly maintenance fee, which will be billed at $10 per month to your Account at end of each billing cycle. The Monthly Maintenance Fee does not affect our right to close your Account or our ability to limit transactions on your Account.

Late Payment Fee. If we do not receive a payment from you in at least the amount of the Minimum Payment Due by the payment due date shown on your monthly billing statement, you will be charged a Late Payment Fee equal to the lesser of $30 or your Minimum Payment in accordance with law. If you fail to make a timely payment in any of the six (6) billing cycles after the initial late payment, you will be charged $41 or the amount of the required Minimum Payment, whichever is less.

Returned Payment Fee. If you make a payment on your Account and your check or other payment instrument (including an electronic funds transfer or a telephone authorized draft) is not honored for any reason or cannot be processed, we will charge a Returned Payment Fee equal to the lesser of $30 or your Minimum Payment. In the event a payment is returned in any of the six (6) billing cycles after the initial returned payment, you will be charged $41 or the amount of the required Minimum Payment, whichever is less. The charge may be imposed even if we elect to re-present the item and it is paid upon our re-presentment. We will not charge both a Late Payment Fee and a Returned Payment Fee based on a single payment.

Express Delivery Fee. We will assess a $35 fee for the express delivery of your Card. If you request this service, we will charge the fee against your available credit limit and send your Card using expedited delivery service within two (2) business days after receiving your request.

Digital Card Fee. We will assess a $50 fee to provide you with a digital card before you receive your plastic Card. If you request this service, we will charge the fee against your available credit limit and let you enable a digital card once you download our mobile application and go through the identity verification process.

The Agreement

This Agreement, together with the Pricing Summary, is your contract with us (“Card Agreement” or “Agreement”).

Accepting this Agreement: You accept this Agreement when you use the Account. You may still reject this Agreement if you have not yet used the Card, used the Account, or paid a fee after receiving a billing statement. To reject the Agreement, call us at 866-241-4123 or write us at [email protected]. If you reject the Agreement, you are not responsible for any fees or charges. 

Arbitration: This Agreement includes an Arbitration Provision with class action and jury trial waivers. You can reject the Arbitration Provision. See “How to REJECT this agreement to arbitrate” in the Arbitration section. If you do not, it will be part of this Agreement. If you are a covered member of the Armed Forces, or their dependent, subject to the protections of the Military Lending Act, please see the Military Lending Act section for how the Arbitration section applies to you. 

Promise to Pay: You agree to pay us for all amounts due on your Account, including credit for Purchases and Cash Advances, as well as interest charges and fees. 

Definitions

Account means the The Bank of Missouri card account under this Agreement. 

Card refers to one or more cards or access devices, including your Account number, that we give you or someone else with your authorization to get credit under this Agreement. 

Cardholder refers to each person with a card issued in their name. 

Cash Advance means the use of your Account to obtain funds at a financial institution. 

Purchase means the use of the Account to obtain goods or services. 

we, us, our, and The Bank of Missouri refer to The Bank of Missouri, the issuer of your Card. 

you, and your refer to each person who has applied for the Account.

Features and Use of Your Account

Using Your Card: You may make Purchases wherever the Card is accepted. You may use the Account to obtain Cash Advances. You may use the Account only for personal, family, or household purposes, and if your Account is used for any other purpose, you are still responsible for such use. You may not use the Account for business or commercial purposes. You may not use your Account for (1) online gambling, (2) horse racing or dog racing, (3) lotteries, betting or casinos, (4) dating services or adult websites, or (5) to fund or engage in any illegal purpose. 

Your Credit Limit: We will tell you your credit limit. Keep your Account balance below your credit limit. If you do not, you must still pay us. We may designate part of your credit limit as a Cash Advance limit. We may change your credit limit(s) at any time, without notice. You may use a portion of your credit limit for Cash Advances. Each Purchase and Cash Advance obtained will reduce the amount of available credit under your credit limit until it is repaid. We may delay increasing your available credit by the amount of any payment that we receive for up to 2 calendar days, depending on the form of payment. 

Credit Limit Increase: To request a credit limit increase contact [email protected]. We may impose a fee for processing the request. 

Credit Authorizations: We may decline to authorize a transaction for any reason. We will not be liable to you if we decline a transaction or if anyone refuses any use of your Card. 

Automatic Billing: You may set up automatic billing with a merchant. You authorize us to provide an updated Account number or Card expiration date to any merchant at our discretion. Contact the merchant to stop automatic billing. 

Electronic Access: Applications (apps) on electronic devices (such as mobile wallets) can store your Card and can be used to get credit under this Agreement. Such transactions are covered by this Agreement. Apps may have separate terms of use. We are not responsible if you violate those terms or for any consequences from violating those terms. 

Interest Rates and Interest Changes

Annual Percentage Rate (APR): See the Pricing Summary for your APR. 

Average Daily Balance Method (including new transactions): We use the average daily balance method (including new transactions). 

To calculate the daily balance, we start with the balance at the end of the previous day, which includes any unpaid interest charges on that balance (known as compounding of interest). We add any new transactions, interest, and fees and subtract any new credits or payments allocated to that balance.  We add all the daily balances and divide by the number of days in the billing cycle. This gives us the “average daily balance” for the month. We calculate the interest charge by multiplying the average daily balance by the monthly periodic rate (the APR set forth in the Pricing Summary, divided by 12).

When Interest Begins: We begin to impose interest on purchases, cash advances, interest charges, and fees from the date they are posted to your Account. We continue to impose interest until you pay the total amount you owe us. There is no grace period.

Statements 

We will generally send or make available to you one billing statement for your Account at the end of each billing cycle. We send only one statement for all Cards associated with your Account.  If there are two or more of you, each of you agrees that all statements and notices regarding the Account may be sent solely to the email shown on our billing records. The statement will show the total amount that you owe us as of the end of the day on the “closing date,” which is the last day of the billing cycle, including any interest charges, fees, debt cancellation (if applicable), the minimum payment due, and the “Payment Due Date” shown on the statement (which date will be at least 21 days from the closing date). All transactions received after the closing date will appear on your next statement.  Each statement covers a single billing cycle.  Please review each statement carefully. You must notify us promptly of any change in your name, residence or billing address by email under [email protected]. Preservation of your rights under federal law regarding resolution of billing errors depends upon your timely recognition of potential errors, as explained below. We will not send you an Account Statement if (1) we deem your Account uncollectible, (2) delinquency collection proceedings have been instituted, or (3) for any other reason permitted by applicable law.

Payments 

Minimum Payment Due: See the Pricing Summary for the minimum payment requirements. 

Small Balances: As it is uneconomical for both you and us to process payments or maintain credits that are $1 or less in amount, you agree as follows: (1) In any billing cycle in which you have had no transactions and your New Balance on the billing date is $1 or less, the balance will be rounded to zero and you will not receive a bill for this amount. (2) In the event that you have a credit balance of $1 or less for two consecutive billing cycles, the balance will be rounded to zero and you will not receive a refund of this amount. 

Payment Instructions: You may pay all or part of your account balance at any time. However, you must pay, by the Payment Due Date, at least the Minimum Payment Due. You must pay us in U.S. dollars, in funds on deposit in the U.S. If we receive your payment at our payments address by midnight Eastern Time, it will be credited as of that day. A payment received after that time will be credited as of the next day. Allow 2 business days for payments by the Green Dot network to reach us.

Payment Options: You can repay in full or part of your account balance in your web or mobile account, by ACH or by making cash payments through the Green Dot network at retailers nationwide. See https://www.greendotnetwork.com/ for further details about making payments through the Green Dot network (“fee may be charged by retailer”). ACH payments also can be made through the following services: 

• AutoPay Service. If you enroll in this service, your payment amount will be deducted automatically from the account you pick.  Your card account will be credited on the due date with that amount.  To enroll in AutoPay please login in your account in web or mobile.
• Pay by Phone Service. You may use this service any time to make a payment by phone. Call (866) 241-4123 by midnight Eastern time to have your payment credited as of that day. If you call after that time, your payment will be credited as of the next day.  We may process your payment electronically after we verify your identity. 

Payment Allocation: Subject to applicable law, we decide how to apply your payment to the balances on your Account. When you make a payment, generally, we first apply your payment to the Minimum Payment Due on your last monthly billing statement. Any payment in excess of your Minimum Payment Due would generally then be applied to the balance on your monthly billing statement, applied first to the highest APR. We apply payments to balances as they appear on your monthly billing statement before applying payments to new transactions. An example of a new transaction is a recent purchase you made that has not yet been included in the new balance as shown on your billing statement.

Electronic Fund Transfer (EFT) Disclosure

(Regulation E, 12 CFR §1005.7) 

This disclosure applies to electronic payments made to your credit card account, including payments made via ACH (automated clearing house) transfers, AutoPay, or other electronic fund transfers (EFTs). It does not apply to credit card purchases or cash advances, which are governed by Regulation Z (Truth in Lending Act).

1. Consumer Liability for Unauthorized Transfers
   If you believe that an unauthorized electronic payment has been made to your credit card account, notify us immediately. Calling us at (866) 241-4123 is the fastest way to limit your losses.

• If you notify us within two (2) business days of discovering an unauthorized ACH payment, your liability is limited to $50.
• If you fail to notify us within two (2) business days, your liability may increase up to $500.
• If you fail to notify us within 60 days after we send your statement with the unauthorized charge, you may be responsible for the full amount of unauthorized payment.

Note: These liability limits apply only to unauthorized electronic payments to your credit card account. Unauthorized credit card transactions (e.g., fraudulent purchases) are covered under Regulation Z.

2. Contact Information for Unauthorized Transfers
If you believe an unauthorized electronic payment has been made to your credit card, contact us immediately:

Address: 2 Embarcadero Center, floor 8, San Francisco, CA 94111

Phone: (866) 241-4123
Email: [email protected]

3. Business Days
Our business days are Monday through Friday, excluding federal holidays.

4. Types of Transfers and Transaction Limits

You may make payments to your credit card account using the following methods:

• ACH Payments: Payments initiated from an external bank account.
• AutoPay Service: Recurring ACH payments set up for automatic monthly payments.
• One-Time Electronic Payments: Payments authorized through our website or mobile app.

Transaction Limits: Payments are subject to limits set by your external bank account provider or the Green Dot network. Contact your bank for ACH limits.

5. Fees for Electronic Payments

• ACH Payments: No fees charged by Access Finance.

6. Right to Receive Documentation of Transfers

• Electronic Payment Receipts: If you make an online or mobile payment, confirmation will be displayed and emailed.
• Billing Statements: Your monthly statement will reflect all payments received, including electronic payments.

7.  Stopping Preauthorized Payments (AutoPay)
If you are enrolled in AutoPay (recurring ACH payments), you may stop a scheduled payment by:

• Submitting a request through the Juzt mobile app or personal web profile.
• Stopping a payment does not cancel your AutoPay enrollment.

To ensure timely processing, we must receive your stop payment request at least three (3) business days before the scheduled payment date.

8. Our Liability for Failing to Process a Payment
If we fail to process an electronic payment to your credit card account on time or in the correct amount, we may be liable for your losses. However, we are not liable if:

• You do not have sufficient funds in your external bank account.
• The ACH transfer system is unavailable or delayed.
• The transaction could not be completed due to external bank restrictions.
• Circumstances beyond our control (e.g., natural disasters, network failures, processing errors at external financial institutions) prevent the transaction.

9. Confidentiality of Your Payment Information

We do not share your electronic payment information except:

• When necessary to process your payment.
• To comply with legal requirements.
• If you provide written permission.

Collecting, Sharing, and Updating Information

Customer Privacy: We send you our Privacy Policy when you open your Account and thereafter in accordance with applicable law. It summarizes the personal information we collect; how we safeguard its confidentiality and security; when it may be shared with others; and how you can limit our sharing of this information. You understand that by using the Account, you consent to the collection, use, and disclosure of your information set forth in this Agreement and our Privacy Policy available on our website located at https://juztcard.com/privacy-policy. 

Information About You: You authorize us to obtain and/or use information about you from third parties and credit reporting agencies to: (1) verify your identity and/or conduct investigative inquiries; (2) determine your income and credit eligibility; (3) review your Account and provide renewal of credit; (4) verify your current credit standing in order to present future credit limit increases or decreases; (5) qualify you for and present additional lines of credit or other offers; and (6) collect amounts owing on your Account. Upon request, we will tell you the name and address of any credit reporting agency that provided us with information concerning you. 

Furnishing Information: We may furnish information concerning your Account, payment history, or credit file to consumer reporting agencies and others who may properly receive that information. 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 obligation. If you believe that information we furnished is inaccurate or incomplete, please write us at [email protected] after you have downloaded and completed the dispute form, which you can find in your mobile app or web profile. Please include your name, mobile phone number connected with your Account, Account number, and identify the inaccuracy and why you believe it is incorrect. If you have a copy of the credit report that includes the inaccurate information, please provide a copy of that report as well. 

Telephone Calls, Text Messages and Emails Regarding Your Account: You are providing express written permission and consent authorizing The Bank of Missouri and our agents, servicers, contractors, subsidiaries, affiliates, officers, and other partners and employees to contact you at any phone number (including mobile, cellular/wireless, landline or similar devices) or email address you provide at any time, for any lawful purpose. No such contact will be deemed unsolicited. The ways in which we may contact you include live operator, dialing system, automatic telephone dialing systems (auto-dialer), prerecorded and artificial voice message, text/SMS message or email. Phone numbers and email addresses you provide include those you give to us, those from which you, or someone acting on your behalf, contact us or which we obtain through other means. If you provide a phone number for which you are not the owner, you confirm you are authorized to provide that number. Such lawful purposes include, but are not limited to: obtaining information; activation of the card for verification and identification purposes; account transactions or servicing related matters; suspected fraud or identity theft; collection on the Account; and providing information about special products and services. You agree to pay any fee(s) or charge(s) that you may incur for incoming communications from us or outgoing communications to us, to or from any such number or email address, without reimbursement from us. 

Communication Revocation: You may revoke your authorization for most communications. However, you cannot revoke authorization for fraud related communications or legally required communications. To change your communication preferences or to revoke consent you must write us. Please: 

• include your name, mailing address, and the last four digits of your Account number;
• specify whether you are changing your preferences regarding mail, telephone calls, emails, and/or text or SMS messages;
• provide the specific phone number(s) and/or email address for which you are requesting communications to cease;
• send this written notice to: [email protected].

Certain communication preferences can be changed on-line. Please log in to your Account to see if that option is available.

Telephone Monitoring: You agree that from time to time, without further notice to you, we may monitor and/or record telephone calls and electronic communications between you and us to assure the quality of our customer service or as required by applicable law. 

Updating Your Address/Phone Number: You agree to notify us promptly if you move or if your contact information (including name, phone number, mailing address, or email) have changed. 

Indemnification: If you provide telephone number(s) for which you are not the subscriber, or fail to notify us when you cease to be the subscriber for a telephone number you previously gave us, you agree to indemnify us, our subsidiaries, affiliates, officers, agents, servicers, contractors, and other partners and employees for any costs and expenses, including reasonable attorneys’ fees, incurred as a result of us contacting or attempting to contact you at the number(s). Your obligation under this paragraph shall survive termination of the Agreement. 

Account Closure

Default: You are in default under this Agreement if (1) bankruptcy or another insolvency proceeding is filed by or against you; (2) we reasonably believe you are unable or unwilling to repay us; (3) you die or are legally incompetent or incapacitated; (4) you fail to comply with the terms of this Agreement, including failing to make a required payment when due, exceeding your credit limit or using your Card or Account for an illegal transaction; (5) you give us misleading, false, incomplete or incorrect information or fail to give us any information we deem necessary; or (6) if you no longer permanently reside in one of the 50 states or the District of Columbia. If you are in default, we may declare the entire Account balance immediately due and payable without advance notice.

Collection Costs: If we use an attorney to collect your Account, we may charge you our legal costs as permitted by law. These include reasonable attorneys’ fees, court or other collection costs, and fees and costs of any appeal. 

Closing Your Account: You may close your Account at any time. You will remain responsible for any amount you owe us under this Agreement. However, you will remain responsible for paying all amounts owed. If your Account is subject to an Annual Fee, the fee will continue to be charged until you pay your outstanding balance in full. 

We may cancel, suspend or not renew your Card, Account, or access to the credit line at any time and for any reason without notice. If your Account is closed by us, the Annual Fee will continue to be charged until you pay your outstanding balance in full.

Military Lending Act

Military Lending Act Protections: Federal law provides important protection to covered members of the Armed Forces and their dependents relating to the extension of consumer credit. In general, the cost of consumer credit to a covered member of the Armed Forces and his or her dependent(s)dependent may not exceed an annual percentage rate of 36 percent. 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). To obtain an oral statement regarding the Military Annual Percentage Rate and a description of the payment obligation, covered borrowers may call the following toll-free phone number: 855-411-2372. 

Covered Military Borrowers: If you are a “covered borrower,” as defined under C.F.R. § 232.3(g)(1) the Military Lending Act, 10 U.S.C. § 987, as amended: (i) the provisions of the Arbitration section of this Agreement do not apply (ii) any waiver of right to legal recourse under any state or federal law (including but not limited to the waiver of defenses and the waiver of presentment, notice of dishonor, protest and all other demands and notices otherwise applicable), and (iii) any other provision in this Agreement that is not enforceable against you under the Military Lending Act, do not apply to you. 

Arbitration Agreement 

PLEASE READ CAREFULLY—IMPORTANT—AFFECTS YOUR LEGAL RIGHTS

This agreement to arbitrate provides that you or we can require controversies or disputes between us to be resolved by BINDING ARBITRATION. You have the right to REJECT this agreement to arbitrate by using the procedure explained below.

If you do not reject this agreement to arbitrate, you GIVE UP YOUR RIGHT TO GO TO COURT and controversies or disputes between us will be resolved by a NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, using rules that are simpler and more limited than in a court. Arbitrator decisions are subject to VERY LIMITED REVIEW BY A COURT. Arbitration will proceed INDIVIDUALLY— CLASS ACTIONS AND SIMILAR PROCEDURES WILL NOT BE AVAILABLE TO YOU.

Agreement to Arbitrate: You and we agree that either you or we may, without the other’s consent, require that controversies or disputes between you and us (all of which are called “Claims”), be submitted to mandatory, binding arbitration. This agreement to arbitrate is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under, the Federal Arbitration Act (the “FAA”), 9 U.S.C. §1 et seq., and (to the extent State law is applicable), the laws of the State of New Jersey.

For purposes of this agreement to arbitrate, “you” includes you, any co-applicant, or anyone else connected with you or claiming through you; and “we” or “us” includes The Bank of Missouri, all of its 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 subject matter of the claim or dispute at issue.

Covered Claims: Claims subject to arbitration include, but are not limited to, any controversies or disputes arising from or relating in any way to your Account; any transactions involving your Account; any disclosures made to you concerning your Account; any interest, charges, or fees assessed on your Account; any service(s) or programs related to your Account; and, if permitted by the rules of the arbitration forum, any collection of debt related to your Account. Claims also include controversies or disputes arising from or relating in any way to advertising, solicitations, or any application for, approval of, or establishment of your Account. Claims subject to arbitration include any controversies or disputes based on any theory of law, whether 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, you pay us in full any outstanding debt you owe, or you file for bankruptcy. Also, controversies or disputes about the validity, enforceability, coverage, meaning, or scope of this agreement to arbitrate or any part thereof are subject to arbitration and are for the arbitrator to decide. Any questions about what Claims are subject to arbitration shall be resolved by interpreting this agreement to arbitrate in the broadest way the law will allow it to be enforced.

Claims Not Covered: Claims (whether brought initially or by counter or cross-claim) are not subject to arbitration if they are filed by you or us in a small claims court, so long as the case remains in such court and only individual claims for relief are advanced in the case.

No Class Arbitration or Consolidation or Joinder of Parties: Class actions and other similar procedures in which individuals seek to represent similarly situated individuals or seek relief on behalf of the general public, and consolidation or joinder of Claims (except for claimants on the same account), are NOT available under this agreement to arbitrate. Claims in arbitration will proceed on an INDIVIDUAL basis only:

UNLESS YOU REJECT THIS AGREEMENT TO ARBITRATE, YOU AND WE WAIVE THE RIGHT TO ASSERT OR PARTICIPATE IN A CLASS ACTION OR ANY REPRESENTATIVE OR CONSOLIDATED PROCEEDING IN COURT OR IN ARBITRATION.

The arbitrator shall have no authority to entertain any Claim as a class action or private attorney general action or on any other similar representative basis, nor shall the arbitrator have any authority to consolidate or join Claims brought by separate claimants (except for claimants on the same account). This also means that the arbitrator shall have no authority to make any award for the benefit of, or against, any person other than the individual who is the named party.†

†Notice to California Account Holders: This agreement to arbitrate shall not be construed to prevent you from seeking in the arbitration the remedy of public injunctive relief if (a) you reside in California, (b) you resided in California at the time you entered into this agreement to arbitrate, or (iii) the billing address for your Account is a California address (hereafter, “California Account Holder”). 

Initiation of Arbitration: The arbitration shall be administered by the American Arbitration Association (“AAA”) before a single arbitrator under the AAA’s Consumer Arbitration Rules, or by a mutually agreeable administrator, before a single arbitrator, as modified by this Arbitration Provision. Information about the arbitration process for AAA can be obtained from the AAA at https://adr.org/. The arbitrator shall be selected from the AAA (or mutually agreeable administrator) panel of neutrals then active on the roster maintained by the AAA (or mutually agreeable administrator) office located in the city of or nearest to your billing address and, unless otherwise mutually agreed, the arbitrator shall be a retired federal judge, a retired state appellate judge, a retired state trial judge, or a lawyer with at least 15 years of experience in that order of preference. 

In the event that the AAA or mutually agreeable administrator is unable or unwilling to handle the Claim for any reason, then the matter shall be arbitrated instead by a neutral arbitrator selected by agreement of the parties (or, if the parties cannot agree, selected by a court in accordance with the FAA).

Arbitration Procedures and Applicable Law; Offer of Settlement: Unlike a lawsuit in state or federal court, arbitration is conducted by a private organization that specializes in alternative dispute resolution. Disputes in arbitration are decided by a neutral arbitrator instead of a judge or jury. You may represent yourself in arbitration, or you may be represented by a lawyer. 

Under this agreement to arbitrate, 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. The AAA or mutually agreeable administrator 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 Arbitration Provision and/or any sections of this Card Agreement, this Arbitration Provision and/or this Card Agreement will control. The arbitrator will honor all claims of privilege recognized by law. Subject to the prohibition on class, representative, and consolidation procedures set forth above, the arbitrator will have the power to award to a party any damages or other relief (including relief in equity) 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. 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. An arbitration award shall decide the rights and obligations only of the parties named in the arbitration, and shall not have any bearing on another person or dispute.

If your Claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, in a telephonic hearing, or in an in-person hearing.

Any in-person hearing will take place in the federal judicial district that includes your billing address at the time the Claim is filed, unless the parties agree to a different place.

The Arbitrator’s Decision: The arbitrator’s decision will be final and binding on the parties. 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. The panel will decide anew all factual and legal issues, following the same rules of procedure, by majority vote any aspect of the original decision objected to. The costs of such an appeal will be borne in accordance with the below paragraph entitled “Fees and Costs”. Any review by a court shall be governed by the Federal Arbitration Act. Any final arbitration award will be binding on the named parties and enforceable by any court having jurisdiction. 

Fees and Costs: We will pay any costs that are required to be paid by us under the arbitration administrator’s rules of procedure. If you file the arbitration, you will pay your share of the initial filing fee, unless you seek and qualify for a fee waiver under the applicable rules of the arbitration administrator. The party filing an appeal shall be responsible for all filing fees and costs of the appeal unless prohibited by administrator’s rules of procedure. All parties are responsible for their own attorney’s fees, expert fees and any other expenses, unless the arbitrator awards such fees or expenses to you or us if allowed by applicable law.

Other Parties Subject to this Agreement to Arbitrate: In addition to you and us, the rights and duties described in this agreement to arbitrate apply to any third party co-defendant of a claim subject to this Arbitration Provision. 

How to REJECT this Agreement to Arbitrate: You can reject this agreement to arbitrate but only if we receive from you a written notice of rejection within 45 days after it was first provided to you. To reject this agreement to arbitrate you must send the notice of rejection to: [email protected]. Rejection notices sent to any other address will not be accepted or effective. If you decide to reject this agreement to arbitrate in writing, your notice must state that you reject this agreement to arbitrate and include your name, address, account number, and personal signature. Rejection of arbitration will not affect your other rights or responsibilities under this Card Agreement. 

Survival, Severability, and Amendment of Terms:

Survival. This agreement to arbitrate shall survive changes in the Agreement and termination of the Account or the relationship between you and us, including the bankruptcy of any party and any transfer or sale of your Account, or amounts owed on your Account, to another person or entity.

Severability. If any part or parts of your agreement to arbitrate are declared unenforceable, then such specific part or parts shall be of no force or effect and shall be severed, but the remainder of this agreement to arbitrate shall continue in full force and effect. If, however, the entire agreement to arbitrate or your waiver of the right to bring or participate in a class or representative action or in consolidation procedures is unenforceable, then the agreement to arbitrate shall be of no force or effect. Notwithstanding the preceding sentence, with respect to California Account Holders, if arbitration is unenforceable, in whole or in part, you and we agree to resolve any Claim by a judicial reference proceeding as described above.

Amendment in Writing Only. This agreement to arbitrate may not be amended, severed, or waived, except as expressly provided in the Agreement or in a written agreement between you and us. 

Other Information

Transactions in Foreign Currencies: If you make a transaction at a merchant that settles in a currency other than U.S. dollars, Mastercard International Incorporated or Visa Incorporated will convert that charge into a U.S. Dollar amount. That conversion will be done at a rate selected by Mastercard or Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Mastercard or Visa itself receives, or the government-mandated rate in effect for the applicable central processing date. The currency conversion rate used on the processing date may differ from the rate that would have been used on the purchase date or on the date the transaction is posted to your Account. You agree to pay the converted amount, including any charges for the conversion that may be imposed as described above. 

Changes to Your Agreement: The rates, fees and terms of this Agreement may change and we may add or delete any term to this Agreement, consistent with applicable law. We will give you advance written notice of these changes and a right to reject the change, if required by law. 

Unauthorized Use: Notify us immediately if your Card is lost or stolen or you suspect that someone is using your Card or Account without your permission. You will not be liable for unauthorized use of your Account, but you will be responsible for all use by anyone you allow to use your Account. 

Assignment: We may assign or transfer any or all of our rights and obligations under this Agreement. Any sale of this Agreement does not affect your rights and duties under this Agreement. You may not assign any of your rights or obligations under this Agreement without our written permission. You understand that we do not have to give you permission. 

No Waiver: We will not lose our rights under this Agreement because we delay or do not enforce them. 

Governing Law: 

This Agreement, and any claim, dispute or controversy (whether in contract, tort, or otherwise) at any time arising from or relating to this Agreement, are governed by and construed in accordance with applicable federal law and, to the extent not preempted by federal law, the laws of the State of Missouri (without regard to internal principles of conflict of laws), except that the arbitration provisions are governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. The legality, enforceability, and interpretation of this Agreement and the amounts contracted for, charged, and reserved under this Agreement will be governed by such laws. We extend credit pursuant to Section 408.145 of the Missouri Revised Statutes. You agree that this extension of credit is made, executed and delivered in Missouri and that we make all credit decisions, open all accounts and issue all proceeds from, impose all fees and charges in, and receive all payments in our offices in Missouri. To the extent not preempted by federal law or subject to Missouri law, for purposes of state law compliance, we have elected Section 12-103(a)(1) of the Interest and Usury statute and the Revolving Credit Accounts statute in Maryland.

Conformance with Law; Severability: If any part of this Agreement conflicts with applicable law, that provision will be considered modified to conform to applicable law. If any part of this Agreement is invalid, the rest shall remain in effect, except as otherwise noted in the Arbitration Provision.

State Law Notices

Notice for residents of Delaware and Oregon. Any service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month. You may pay more than the minimum payment due, up to your entire outstanding balance, at any time.

Notice for residents of Missouri. 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. 

Notice for residents of New Jersey. Because certain provisions of this Agreement are subject to applicable law, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, are void, unenforceable or inapplicable in New Jersey.

Notice for residents of New York. 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 by calling 1-800-342-3736, or on the web at www.dfs.ny.gov.

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

Notice for residents of Rhode Island, Utah and Vermont. You give us and our agents, successors, and assigns permission to access your credit report in connection with any transaction, or extension of credit, and on an ongoing basis, for the purpose of reviewing this Account, increasing the credit line on the Account, taking collection action on this Account, or for any other legitimate purposes associated with this Account. Upon your request, you will be informed of whether or not a consumer credit report was ordered, and if it was, you will be given the name and address of the consumer reporting agency that furnished the report. 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. 

Notice for residents of Washington State. In accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for payment of interest charges that result solely from a merchant's failure to transmit to us within seven working days a credit for goods or services accepted for return or forgiven if you have notified us of the merchant's delay in posting such credit, or our failure to post such credit to your account within three working days of our receipt of the credit.

Notice for married residents of Wisconsin. If you are married: (i) you confirm that this Account is being incurred in the interest of your marriage or family; (ii) no provision of any marital property agreement, unilateral statement, or court decree under the Wisconsin Marital Property Act will adversely affect a creditor's interest unless, prior to the time credit is granted, the creditor is furnished a copy of that agreement or decree or is given complete information about the agreement or decree; (iii) you understand and agree that we will provide a copy of this Agreement to your spouse for his or her information. If the Account for which you are applying is granted, you will notify us if you have a spouse by sending your name and your spouse's name and address to us at [email protected]. 

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 2 Embarcadero Center, floor 8, San Francisco, CA 94111 or [email protected].

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 and at least 3 business days before an automated payment is scheduled, if you want to stop payment of any 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 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 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.

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 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:

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 $50.00. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own or operate the company that sold you the goods or services.)
2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit 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 2 Embarcadero Center, floor 8, San Francisco, CA 94111 or [email protected]. 

While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you of our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.