This Rize Federal Credit Union (Rize CU) Business Visa Credit Card Agreement (agreement) governs the use of your Rize CU Business Visa Credit Card Account (account). In this agreement, the words “you” and “your” mean (i) the business on whose behalf the related Rize CU Business Visa Credit Application & Agreement or other written document, including an electronic record, you signed or otherwise submitted for this account (your application) and (ii) every person who signed the application. The words “Rize CU” mean Rize Federal Credit Union and its successor(s) and assign(s). The word “card” refers to the credit card we issue to you or on your behalf. Using your account number to obtain advances is considered a use of your card. Your application; the Business Visa Credit Card Approval Letter (letter) received by you before this agreement; your card and the card carrier we send with your card; your signature, including any electronic or digital signature, on any application, sales slip, or other evidence of indebtedness on your account; and any other documents required by us now or in the future in connection with this agreement and your account, such as any personal guarantees or security agreements, are hereby incorporated into and are made a part of this agreement. The word “guarantor” means each person identified in your application as a personal or corporate guarantor. Your use of the card, the account, and/or your account number constitutes your acceptance of and agreement to the following terms and conditions:
Use of account and conduct of business
You represent, warrant, and agree this account will be used solely for business and commercial purposes and not for any personal, family, or household purpose. You agree to comply with all laws, statutes, regulations, and ordinances about the conduct of your business and promise to indemnify and hold Rize CU harmless from any damages, liabilities, costs, and expenses, including attorneys’ fees, or other harm arising out of any violation thereof. This indemnity will survive termination of your account and this agreement.
Effective date
The words “effective date” used in this agreement mean the date specified in your Letter. You understand and agree Rize CU may postpone, without penalty, any advance under your account until all required security interests have been perfected and Rize CU has received all required personal guarantees or other documentation.
Promise to pay obligation
You promise to pay Rize CU without defense or setoff, the outstanding principal balance of all advances, fees, and charges on your account, together with interest thereon, plus any other sums due under this agreement. Subject to any grace periods, finance charges will be calculated from the date of each advance or other transaction until repayment in full. Each of you, if more than one, is jointly and severally liable on this agreement. This means Rize CU may require any of you to pay all amounts due under this agreement, including credit advances made by any of you, even if it exceeds the authorized credit limit. Any one of you, on your request alone, may cancel your account, request and receive advances, or take any other action regarding your account. Rize CU may release or modify the obligations of any one or more of you, or any guarantor, from responsibility under this agreement, and the other obligors will remain fully responsible hereunder.
Credit limit
This agreement governs a line of credit for a maximum total dollar amount, including, without limitation, principal, interest, fees, and charges, up to the dollar amount disclosed from time to time as your credit limit, shown initially on the letter and thereafter on your periodic statement. You agree not to request any advance that will make your account balance exceed your credit limit. If you exceed your credit limit, you agree to repay immediately the amount by which the balance of your account exceeds your credit limit, even if Rize CU has not yet billed you for such amount. Rize CU may refuse to authorize or accept any request for an advance that would cause you to exceed your credit limit. Your payment of any amount over your credit limit will not constitute an increase in your credit limit. Rize CU may reduce or increase your credit limit at any time and will notify you accordingly by periodic statement or otherwise.
Purchase advances
You may make purchases and request advances under the current loan policies up to your credit limit. You understand and agree all purchases and other transactions requested by you or anyone you have permitted to use the card(s) and/or account are subject to our approval.
Using the card
To make a purchase or obtain an advance, there are two alternative procedures to be followed. One is for you to present the card or card number to a participating Visa plan merchant, to Rize CU, or another financial institution, and sign or authorize a sales or cash advance draft. The other is to complete the transaction by using your Personal Identification Number (PIN) in conjunction with the card in an Automated Teller Machine (ATM) or other type of electronic terminal providing access to the Visa system.
Your card and/or account may not be used directly or indirectly for: (1) any illegal activity or transaction; or (2) any gambling, gaming, betting, or similar activity or transaction. Further, you may not utilize your card and/or account for the purchase of any goods or services on the Internet that involve gambling, gaming, betting, or any similar transaction or activity. Such transactions include, but may not be limited to, any quasi-cash or online gambling transaction, any electronic commerce transaction conducted over an open network, and any betting transaction including the purchase of lottery tickets or casino gaming chips/checks or off-track betting or wagering. However, in the event a charge or transaction described in this paragraph is approved and processed, you will still be responsible for such charges.
Advances
Provided you are not in default and your right to request advances has not been terminated, suspended, or canceled, you may obtain advances from your account after the effective date. You may obtain advances by purchasing goods, labor, insurance, and/or services, including mail, telephone, and electronic orders, through merchants or other parties who honor the card (purchases). If applicable, you may also obtain advances (cash advances) (i) by presenting your card at any financial institution honoring such card or (ii) by requesting an advance be credited to your Rize CU business checking account or other deposit account designated by you and acceptable to Rize CU. The minimum amount of any advance is outlined in the letter. You authorize Rize CU to accept requests by telephone for advances to be transferred to your Rize CU business checking account or other permitted deposit account, provided you or an authorized user identify yourself to our satisfaction when requesting such an advance. Each telephone transfer request may take up to three business days to process. All advance requests must be in U.S. dollars. Advances may be requested by an authorized user specifically authorized and designated by you for such purpose. You agree to indemnify and hold Rize CU harmless, for, from, and against any damages, liabilities, costs, expenses, including attorneys’ fees, or other harm arising out of any claim by you or any third party against Rize CU in connection with Rize CU performance of transfers as described above. This indemnity will survive termination of your account and this agreement.
Limitations on your ability to obtain advances
Rize CU will have no obligation to advance funds under your account if: (i) you fail to make any payment when due; (ii) you or any guarantor is, or would be if we honored your request, in default under or otherwise in violation of the terms of your account, this agreement, or any other agreement you or any guarantor have with Rize CU or any affiliates; (iii) any guarantor seeks, claims, or otherwise attempts to limit, modify, or revoke such guarantor’s guarantee of your account or any other credit extension with Rize CU or affiliates, whether made to you or to any other party; (iv) you have applied funds provided pursuant to the account for purposes other than those permitted under the agreement or authorized by us; (v) your credit limit has been or would be exceeded; (vi) your card or other access device has been reported lost or stolen; (vii) your purchase or cash advance is not signed by an authorized user; (viii) your request is less than the minimum amount required by this agreement or otherwise is not permitted under the terms of the agreement; or (ix) Rize CU receives conflicting demands from any of you. If Rize CU honors any request for an advance under these conditions, then you must repay any such advance with interest under the terms of this agreement, subject to applicable law. If Rize CU receives conflicting demands or instructions from any of you, then Rize CU may, at Rize CU’s option, refuse to make any advance that has not been requested by all of you together. Rize CU’s liability, if any, for wrongful dishonor of a request for an advance is limited solely to your actual damages. You hereby agree if Rize CU dishonors a proper request for an advance for any reason as provided in the agreement, it is not a wrongful dishonor. In no event will Rize CU be liable for any delay or refusal to follow instructions occurring as a result of an actual or apparent conflict.
Additional terms regarding advances
Rize CU will not be responsible for the failure or refusal of anyone to honor cards or other access devices Rize CU may supply to you. If a merchant or others who honor your card agree to give you a refund or adjustment in connection with a purchase or cash advance, then you agree to accept a credit to your account in place of a refund in cash or otherwise. You agree to return for statement verification a record and/or your copy of each sales draft, credit voucher, cash advance draft, or automated teller machine receipt arising from an advance on your account.
Access device termination
Any cards or other access devices Rize CU may supply to you remain the property of Rize CU and must be returned to Rize CU immediately upon demand. If your account is terminated for any reason, you must immediately follow Rize CU’s instructions for the return or destruction of all cards and any other access devices that may have been issued. Any use of any cards or other access devices following termination may be considered fraudulent. You will remain liable for any further use of cards or other access devices notwithstanding termination should Rize CU honor advances utilizing such cards or other access devices.
Authorized user
The term “authorized user” means: (i) in the case of a corporation, partnership, or limited liability entity, those individuals authorized and required to sign the application; (ii) in the case of a sole proprietorship, the owner(s); or (iii) those other individuals designated in your application as authorized to use cards and obtain advances. Such individuals must agree to execute other forms of signature identification as may be required by Rize CU.
Program administrator
You agree each individual who signs the application, each an authorized “program administrator”, will actively manage this account and any services obtained in connection with this agreement. You agree and acknowledge Rize CU may rely on all directions and information Rize CU receives from each program administrator regarding the account and any services obtained under this agreement. The program administrator’s responsibilities include the following: (i) making authorized users aware that advances from the account are for business use only; (ii) ensuring timely payments; (iii) notifying Rize CU immediately, and confirming in writing within two business days, if an authorized user’s authority to generate advances on the account has been or will be revoked due to termination of employment or for any other reason; (iv) using reasonable efforts to collect and dispose of cards and other access devices from authorized users when authority to generate advances is revoked; and (v) at the request of Rize CU after notification of an authorized user’s last known address and telephone number.
Periodic statements
If you have a balance owing on your account or have any account activity, Rize CU will send you a monthly billing statement (each a “periodic statement”) identifying the merchant, electronic terminal, or financial institution at which transactions were made, but sales, cash advance, credit, or other slips cannot be returned with the periodic statement. You will retain the copy of such slips furnished at the time of transaction to verify your periodic statement. Rize CU may charge a reasonable fee for any photocopies or slips you request. Your periodic statement will also show the balance of your account at the beginning of the billing cycle (“previous balance”), any new advances, accrued periodic interest owed and other charges, payments made and other credits, and the balance outstanding on the closing date of the billing cycle (“new balance”). Your periodic statement will also identify your minimum payment and the date it is due. If you think your periodic statement is incorrect, or if you need more information about a transaction, write to Rize CU at the address listed on your periodic statement. Ensure the following information is included:
- Your name and account number;
- The dollar amount of the suspected error; and
- Describe the error and explain why you believe there is an error. If you need more information, describe the item you are not sure about.
After receipt of your letter, Rize CU will investigate your question. Within 90 days Rize CU will either correct the error or send you a letter explaining why your periodic statement was correct. RizeCU will provide you with photographic or other documentary evidence of each advance upon your reasonable request or proper written notice of a billing error.
Minimum payment
Every month, you must pay at least the minimum payment by the payment due date shown on your periodic statement. By separate agreement, you may authorize Rize CU to automatically transfer the minimum payment from another of your Rize CU accounts. You may, of course, pay more frequently, pay more, or pay the new balance in full and reduce your periodic finance charge by doing so. The minimum payment due will be either (a) 3.00% of your new balance, or $20, whichever is greater, or (b) your new balance if it is less than $20.
In addition, you must pay any amount on your periodic statement listed as past due and any late charges. Lastly, at any time your new balance exceeds your credit limit, you must pay the excess as well as any over-limit charge.
You understand and agree any payment made by you will be applied in the following order: (a) unpaid fees and charges, if any; (b) unpaid periodic finance charges due on both purchases and cash advances; (c) outstanding principal balances of cash advances and purchases previously billed; and (d) current cash advances and purchases. If two or more transactions are posted on the same day, your payment will be applied first.
Account records
The unpaid principal balance owing on your account at any time may be evidenced by a record of the account in which Rize CU will make entries for each advance and such other debits and credits as appropriate in connection with your account or by Rize CU’s internal records, including daily computer reports. All such entries by Rize CU will be conclusive evidence of the amount owed absent manifest error. You agree Rize CU may make adjustments to your account from time to time as required to reflect corrections, such as if advances or credits are posted incorrectly.
Finance charges
The finance charge for a billing cycle will be the sum of three components:
- Cash advance fee: The first component of the finance charge is the cash advance fee. Cash advance transactions are subject to a cash advance fee of 3% of the amount advanced, which is posted to the account during the billing cycle, not to exceed the maximum rate permitted by a federal credit union. Cash advances completed with a Rize CU teller are not subject to the cash advance fee. The maximum advance you may be permitted to take through an ATM on any single day is $400.
- Foreign transaction fee: The second component of the finance charge is the foreign transaction fee. Purchases, cash advances, and credit transactions made in foreign currencies are subject to a foreign transactions fee finance charge of 3% of the amount of the purchase, cash advance, or credit transaction which is posted to the account during the billing cycle.
- Monthly periodic finance charge, monthly periodic rate, and annual percentage rate (APR): The third component of the finance charge is the monthly periodic finance charge. The monthly periodic rate used in calculating the monthly periodic finance charge is outlined in the letter accompanying this agreement and on each periodic statement. The corresponding nominal APR is set forth on the letter accompanying this agreement and on each periodic statement.
How to compute the purchase balance, consisting of transactions related to purchases of property and services, upon which periodic finance charges are assessed
Average daily balance, including new purchases. To avoid incurring an additional periodic finance charge on the balance of credit purchases reflected on your periodic statement and any new credit purchases appearing on your next periodic statement, you must pay the new balance shown on your periodic statement on or before the payment due date. The Periodic finance charges for a billing cycle are computed by applying the monthly periodic rate to the average daily balance of credit purchases, which is determined by dividing the sum of the daily balances during the billing cycle by the number of days in the cycle. Each daily balance is determined by adding to the previous balance of credit purchases any new credit purchases posted to the account and subtracting any payments as received and credits as posted to the account, excluding any unpaid finance charges. You have a 25-day grace period from the close of the statement period to pay the new balance without incurring additional finance charges. If the new balance is not paid in full during this grace period, finance charges will be assessed using the average daily balance method as explained above.
How to compute the balance of the advance, consisting of transactions related to cash and other advance transactions, upon which periodic finance charges are assessed
Average daily balance, including new advances. The periodic finance charges for a billing cycle are computed by applying the monthly periodic rate to the average daily balance of cash advances which is determined by dividing the sum of the daily balances during the billing cycle by the number of days in the cycle. Each daily balance of cash advances is determined by adding to the previous balance of cash advances any new cash advances as of the transaction date or the first day of the billing cycle in which posted, whichever is later, and subtracting any payments as received and credits as posted to the account, but excluding any unpaid finance charges. There is no grace period to avoid the imposition of finance charges on cash advances. However, the combination of periodic finance charges, cash advance fees, and foreign transaction fees, will not exceed the APR permitted by federal credit unions.
This determines your total finance charges for the billing cycle. Actual finance charges will be shown on your periodic statement.
Other charges
The following other charges will be added to your account, as applicable:
Late payment fee: $39 if your minimum payment is not received within five days of your payment due date.
Over the credit limit fee: $39 in each billing cycle in which you exceed your credit Limit by 10% or $100, whichever is less.
Card replacement fee: $5
PIN replacement fee: $5
Returned payment fee: $25 for each payment you make to Rize CU by check, share draft, or any other draft returned for lack of sufficient funds.
Pagos
You agree to send payments on your account, postage paid, to the payment address indicated on your periodic statement or as otherwise permitted or instructed by Rize CU. All payments must be made in good funds by check, money order, wire transfer, automatic transfer from your Rize CU business checking account, or other instrument in U.S. dollars. Though you need only pay the minimum payment, you understand you have the right to repay your loan at any time without penalty. You also understand and agree you will only be charged finance charges to the date you repay your entire loan. You may make larger payments without penalty and this may reduce the total amount of finance charges you will pay. If you pay more than the minimum payment due in any month and there is still a balance due, you must continue to make minimum payments in future months. Any partial payment of your loan will not advance your next payment due date(s). You understand and agree any payment that delays or accelerates the repayment of your unpaid balance will increase or decrease your monthly periodic finance charge. You understand and agree payments made at any other address than as specified by Rize CU may result in a delay in processing and/or crediting.
Payments by automatic transfer
If you request payment by automatic transfer, you understand and agree no payment can or will be made if there are insufficient or uncollected funds in the designated sub-account to make the scheduled loan payment. Should this event occur, you understand and agree you will not be released from making the payment. Any automatic transfer you have requested will remain in effect until you cancel it in writing or the agreement is paid in full. RizeCU may cancel this service at Rize CU’s discretion.
Payments marked “paid in full”
Rize CU may accept checks, money orders, or other types of payment marked “payment in full” or using other language to indicate satisfaction of any indebtedness, without being bound by such language or waiving any rights under this agreement. Satisfaction of indebtedness shall be accepted by Rize CU only in a written agreement, signed by a Rize CU authorized representative.
Default
You will be considered to be in default if:
- You do not pay on time or in the proper amount;
- You fail to adhere to any of the terms of this agreement;
- Any representation or statement made to Rize CU by you or on your behalf is false or misleading either now or at the time made or furnished;
- A material change occurs in your ownership or organizational structure, any change in ownership will be deemed material when ownership is closely held;
- You liquidate or dissolve, or enter into any consolidation, merger, partnership, or joint venture;
- You sell any assets except in the ordinary course of your business as now conducted, or sell, lease, assign, or transfer any substantial part of your business or fixed assets or any property or other assets necessary for the continuance of your business as now conducted including, without limitation, the selling of any property or other assets accompanied by the leasing back of the same;
- You cease doing business, become insolvent, a receiver is appointed for all or any part of your property, you make an assignment for the benefit of creditors or any proceeding is commenced either by you or against you under any bankruptcy or insolvency laws or any other law or laws relating to debtors;
- Any guaranty of your indebtedness to Rize CU, whether related or unrelated to your account, ceases to be in full force and effect or is declared to be null and void; the validity or enforceability thereof is contested in a judicial proceeding; any guarantor denies he, she, or it has any further liability under such guaranty; or any guarantor defaults in any provision of any guaranty, or any financial information provided by any guarantor is false or misleading;
- You or any guarantor, whether on your account or any unrelated amount owed to Rize CU by you, dies; if you are a sole proprietorship, the owner dies; if you are a partnership, any general or managing partner dies; if you are a corporation, any principal officer or 10% or greater shareholder dies; if you are a limited liability company, any managing member dies; if you are any other form of business entity any person(s) directly or indirectly controlling 10% or more of the ownership interests of such entity dies;
- Any creditor tries to take any of your property on or in which Rize CU has a lien or security interest, whether related or unrelated to your account, including garnishment of any of your accounts with Rize CU;
- A judgment(s) is entered against you or any guarantor(s), whether on your account or any unrelated amount owed to Rize CU by you, in the aggregate amount of $250 or more that is not satisfied within 30 days or stayed pending appeal;
- An involuntary lien(s) is attached to any of your or any guarantor’s assets or property, whether on your account or any unrelated amount owed by you to Rize CU) and not satisfied within 30 days or stayed pending appeal;
- An adverse change occurs in your financial condition or applicable credit histories;
- RizeCU in good faith deems you insecure;
- You are in default under any agreement for borrowed money or any other material contract, or
- Any of the events described in this default section occurs concerning any guarantor.
Cross default
You understand and agree any breach or default of the terms or conditions under this agreement shall also be deemed to be a default of any other loans or lines of credit you now have with Rize CU or obtain in the future. Further, you understand and agree your breach or default of the terms and conditions of any other loan or line of credit with Rize CU shall be deemed to be a default of the terms and conditions of this agreement. This cross-default provision shall not apply to any loan or line of credit secured by real property or where otherwise prohibited by applicable law.
Cross-collateralization
You understand and agree the personal property security for each loan, line of credit, and credit card account you have with Rize CU, and any proceeds thereof, if any, shall secure this account and any other loans, lines of credit, and credit card accounts you now have with Rize CU or obtain in the future. In addition, any personal property, and any proceeds thereof and all insurance proceeds and insurance premium refunds, securing other loans, lines of credit, and credit card accounts you now have with Rize CU or obtain in the future will also secure all funds advanced by Rize CU under this agreement. This cross-collateralization clause shall not apply to any loan, line of credit, or credit card account secured by real property or where otherwise prohibited by applicable law.
Our right upon default
Upon default, the entire unpaid principal balance of your account and all accrued and unpaid interest thereon and all other sums owing, less any unearned refundable charges, subject to legal limits, will be immediately due and payable, and you will immediately pay that amount, and Rize CU may, but are not required to, immediately terminate or suspend making advances or otherwise extending any further credit to you under this agreement. You understand and agree you will be subject to finance charges, at the applicable monthly periodic rate, late charges, overlimit fees, and collection-related charges under the terms disclosed in this agreement until you repay your entire loan.
Upon your failure to pay all amounts due under this agreement, Rize CU may, at Rize CU’s option and if not prohibited by applicable law, immediately increase the APR for each balance on your account to 18%, a corresponding daily periodic rate of 1.50%), so long as the APR does not exceed the maximum rate permitted federal credit unions.
Rize CU may hire or pay a third party to help collect your account if you do not pay. You will pay Rize CU for any collection costs incurred. This includes, subject to any limits under applicable law, our attorneys’ fees and legal expenses, including attorneys’ fees and legal expenses for bankruptcy proceedings, civil actions, arbitration proceedings, declaratory actions, or other filings or proceedings, declaratory efforts to modify or vacate any automatic stay, or injunction, appeals, and any anticipated post-judgment collection services. You will also pay any court costs in addition to all other sums provided or allowed by law.
Termination other than by default
Upon 30 days prior written notice to you, Rize CU may terminate your account and demand full payment for all advances thereunder, together with accrued finance charges thereon and all other amounts owing under the account, less any unearned refundable charges, subject to legal limits. If Rize CU does so, Rize CU will not allow any further advances to you under this agreement, and you agree to return or destroy any cards or other access devices immediately. If a request for an advance is presented to Rize CU for payment after Rize CU terminates your account and Rize CU processes it for payment or you otherwise obtain an advance, you agree Rize CU may add the amount of that advance to your outstanding account balance. In no event will any termination relieve you of your obligation to repay sums already borrowed, finance charges, late charges, overlimit charges, and collection-related charges, if any. You may terminate your account at any time by:
- Paying Rize CU in full the outstanding and unpaid principal balance plus accrued interest thereon and all other sums due, less any unearned charges;
- Notifying Rize CU in writing you are terminating your account and
- Immediately returning or destroying all cards and other access devices.
Security interest; right of setoff
You grant to Rize CU a contractual, possessory security interest in, and hereby assign, convey, deliver, pledge, and transfer to Rize CU all of your right, title, and interest in and to your Rize CU business checking account, your other accounts, if any, with Rize CU or any of our affiliates, whether savings, business checking account, money market, or some other account, including, without limitation, all accounts you may open in the future, excluding all IRA, SEP, Keogh, and certain trust accounts. You authorize Rize CU and each of our affiliates, to the extent permitted by applicable law, to charge or setoff all sums owing under the agreement against any such accounts and, at Rize CU’s option, to administratively freeze all such accounts to allow Rize CU to protect Rize CU’s charge and setoff rights provided in this paragraph or applicable law.
Collateral requirement
If Rize CU requires collateral for your account, you agree to execute a security agreement and other documents Rize CU deems reasonably necessary to perfect the security interest in the collateral. You authorize Rize CU to file financing statements naming you as debtor and describing the collateral.
Insurance requirements
You may be required to obtain insurance acceptable to Rize CU on any physical collateral securing your account. If required, you may obtain insurance through a company of your choice that is satisfactory to Rize CU. Subject to applicable law, if you fail to obtain or maintain the required insurance, Rize CU may purchase insurance to protect Rize CU’s interest and add the premium to your account balance, and/or declare your account in default.
Financial information and reevaluation of credit
You and each guarantor, if any, authorize Rize CU to obtain business and personal credit bureau reports in your and any guarantor’s name, respectively, at any time and from time to time. You and each guarantor, if any, agree to submit current financial information, a new credit application, or both, in your name and the name of each guarantor, respectively, at any time and from time to time, promptly upon our request. Based on a review of this information, you understand and agree Rize CU may, at any time and from time to time, at RizeCU’s sole discretion and subject to any applicable notice requirements, increase or decrease your credit limit, increase or decrease your APR, or terminate this agreement, as permitted by applicable law. Rize CU may report credit experiences with you and any guarantor of your account to third parties. You also agree Rize CU may release information to comply with governmental reporting or legal process that Rize CU believes may be required, whether or not such is required, or when necessary or helpful in completing a transaction, or when investigating a loss or potential loss. 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 credit obligations hereunder.
Transacción del extranjero
Purchases made using a RizeCU card in foreign countries and currencies will be billed in U.S. dollars. The conversion rate to dollars will be made under the operating regulations for international transactions established by Visa International, Inc.
If a transaction is made at a merchant or ATM using a currency other than U.S. dollars, Visa International, Inc. will convert the charge into a U.S. dollar amount. Visa will use the government-mandated conversion rate in U.S. dollars or a wholesale currency market rate based on the transaction processing date.
You understand Rize CU has no control over the conversion rate and the currency conversion rate used by Visa on the processing date may differ from the rate that would have been used on the purchase date or the cardholder statement posting date.
A separate Visa International Service Assessment (ISA) fee finance charge of 3% will apply for each foreign currency transaction. The ISA fee will be charged directly to Rize CU and passed through to you, appearing on your periodic statement as an additional charge.
Guaranty
Each guarantor jointly, severally, and unconditionally guarantees payment of and agrees to pay to Rize CU upon demand all present and future obligations at any time outstanding under your account under this agreement or any extension, renewal, or modification hereof. The obligations under this guaranty are independent, and each guarantor agrees as follows:
- Rize CU may obtain consumer credit reports and provide information to others regarding such guarantor;
- Such guarantor will pay all Rize CU’s expenses, including attorneys’ fees, incurring in enforcing all obligations under this agreement, including this guaranty; and
- Such guarantor hereby grants Rize CU a security interest in all deposit accounts that such guarantor may maintain with Rize CU or any affiliates, excluding IRA, Keogh, SEP, and certain trust accounts. This is a guarantee of payment and performance and not of collection. To the extent permitted by law, each guarantor waives:
- Any right to require Rize CU to proceed against any other person associated with the account;
- Any right to require Rize CU to proceed against or exhaust any security held by Rize CU at any time or to pursue any other remedy before proceeding against such guarantor;
- All notices of any kind or the lack of any notice, including notice of any new or additional indebtedness, any modification of any obligation, or obligation or notice of any action or non-action on the part of you, us, any guarantor, or any other person;
- Any defense based upon an election of remedies by Rize CU;
- Any right or claim of right to cause a marshaling of your assets or any guarantor;
- Any invalidity, irregularity, or unenforceability, in whole or in part, of this agreement;
- Any right or claim of right to agree to any modification of any obligation and any modifications of any of your obligations relating to this account by operation of law or by action of any court, whether according to the bankruptcy act or any other federal or state debtor relief law;
- Any action, occurrence, event, or matter consented to by such guarantor; and
- The benefits of any statutory or other provision limiting the liability of a surety to the extent of any conflict between the foregoing waivers and any waivers contained in this agreement, provided the waiver in each instance most expansive and beneficial to Rize CU will be deemed to control.
Miscellaneous: Delay or Waiver of Enforcement
Rize CU may delay or waive the enforcement of any rights under this agreement or applicable law, without losing the delayed or waived right or any other right. If Rize CU delays or waives any rights, Rize CU may enforce that right at any time in the future without advance notice. For example, not terminating your account for non-payment will not constitute any waiver of the right to terminate your account in the future if you have not paid as required by this agreement.
Notices
Except as otherwise provided in this agreement, notice under this agreement must be in writing. Notices will be deemed given when deposited in U.S. mail, postage prepaid, first class mail, when delivered in person, or when sent by registered mail, by certified mail, or by nationally recognized overnight courier. Notice to you will be sent to your last known address in our records for this account, attention: Program Administrator. Notice to any of you will be deemed notice to all of you. Notice to Rize CU may be sent to Rize Federal Credit Union, PO Box 8017, El Monte, CA, 91734, Attention: Payments. You agree to notify Rize CU immediately if you change your name, your address, or other contact information or your employer, if there are any errors in your periodic statement, if you lose any access device, or if any access service or device is compromised, if any unauthorized person uses your account or if any of you dies, is declared incompetent, or is the subject of a bankruptcy or insolvency proceeding. You agree a notice of incompetence is not effective unless issued by a court having jurisdiction, and Rize CU receives notice and instruction from the court. Notwithstanding the above, RizeCU may accept other evidence of incompetence if acceptable, and you agree to indemnify and hold RizeCU harmless from and against any claims relating to acceptance or non-acceptance of proof of incompetence in any transaction. This indemnity will survive the termination of your account and this agreement.
Unauthorized use
You may be liable for the unauthorized use of the card and/or the account. You will not be liable for unauthorized use occurring after you provide notification by calling 800.866.6474 or when notice is received in writing at PO Box 8017, El Monte, CA, 91734, of the loss, theft, or possible unauthorized use. In any case, your liability for unauthorized use will not exceed $50. Your liability may be lower in cases of Visa credit card fraud under current Visa U.S.A., Inc. Operating Regulations.
Waiver of notices and other terms
Except for any notices provided for in this agreement, you and any person who has obligations under this agreement, to the extent not prohibited by applicable law, hereby waive demand, notice of nonpayment, notice of intention to accelerate, notice of acceleration, presentment, protest, notice of dishonor, and notice of protest. To the extent permitted by applicable law, you and any person who has obligations under this agreement also agree Rize CU is not required to file suit, show diligence in collection against you or any person who has obligations according to this agreement, or proceed against any collateral; Rize CU may, but will not be obligated to, substitute, exchange, or release any collateral; Rize CU may release any collateral, or fail to realize upon or perfect security interest in any collateral; Rize CU may, but will not be obligated to, use one or more persons without joining or suing others; and may modify, renew, or extend this agreement repeatedly and for any length of time without notice to or approval by any person who has obligations under this agreement other than the party with whom the modification, renewal, or extension is made.
Tax consequences
You understand neither Rize CU nor any employees or representatives make any representation or warranty whatsoever concerning the tax consequences of your establishing and using your account, including the deductibility of interest, and neither RizeCU nor any employees or representatives will be liable in the event interest on your account is not deductible. You should consult your tax advisor for guidance on this subject.
Transfer and assignment
Without prior notice or approval by you, Rize CU reserves the right to sell or transfer all or any portion of our interest in this agreement to another lender, entity, or person. Your rights and obligations under this agreement belong solely to you and may not be transferred or assigned by you. Your obligations, however, are nonetheless binding upon you and your heirs, legal representatives, successors, and assigns.
Governing law
This agreement is entered into and will be performed in California, and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed per the internal laws of the State of California, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary. You agree to submit to the personal jurisdiction of the courts of the State of California.
Interpretation
The headings given to paragraphs or sections in the agreement are for convenience of reference only. They are not to be used to interpret or define the provisions of this agreement. This agreement is the best evidence of your agreement with Rize CU. If a court responsible for interpreting the agreement finds that any provision of this agreement is not valid or should not be enforced, that fact by itself will not mean the rest of the agreement will not be valid and enforced and, to the extent permitted by law, the rest of the agreement is therefore binding, valid, and enforceable. If you or Rize CU go to court or otherwise seek to enforce the agreement, Rize CU may, to the extent permitted by law, use a copy, filmed or electronic, of any periodic statement, the agreement, or any other document to prove what you owe Rize CU or a transaction has taken place. The copy of the microfilm, microfiche, or optical image will have the same validity as the original. You agree, except to the extent you can show there is a manifest billing error, Rize CU’s most current periodic statement, if any, is the best evidence of your obligation to pay.
Future service
The application for this account also serves as a request to receive offers of any related new services, such as access devices, which may be available from Rize CU at some future time and for which Rize CU considers you to be eligible, in sole discretion, reasonably exercised. You understand this request is voluntary, and you may refuse any of these new services at the time they are offered. You further understand the terms and conditions of this agreement, together with any specific terms covering the new service, will govern any transactions made according to any of these new services.
Change in terms
This agreement is the contract that applies to all transactions on the account, even though the sales, cash advance, credit, or other slips you sign or receive may contain different terms. You understand and agree Rize CU may amend, modify, add to, or delete from this agreement any of its terms and conditions, including the method of application and the amount of finance charge, effective as to any unpaid balance outstanding and any subsequent advance, by mailing a notice of the change to you at your last known address. You also understand any such notice will be mailed at least 15 days before the effective date of the change as required by federal or other law. Notice of a change in terms is required but may be sent as late as the effective date of the change where the change has been agreed to, in writing, by you.
Monitoring and recording communications