Tyndall Federal Credit Union PO Box 59760, Panama City, FL 32412-0760 850-769-9999 Toll-free 888-896-3255 tyndall.org VISAŽ Credit Card Agreement and Truth in Lending Disclosure This credit card agreement, which includes your Truth in Lending Disclosures, will be referred to as this Agreement. In this Agreement the words you and your mean each and all of those who agree to be bound by the Agreement; Card means the credit card you are issued for use under this Agreement and any duplicates, renewals, or substitutions of the Card the Credit Union issues to you; Account means the credit card account established under this Agreement, and Credit Union means Tyndall Federal Credit Union or anyone to whom the Credit Union transfers this Agreement. USING YOUR ACCOUNT - If you are approved for an Account, the Credit Union will establish a line of credit for you and notify you of your credit limit. You agree that your credit limit is the maximum amount (purchases, cash advances, finance charges, plus "other charges") that you will have outstanding on your Account at any time. If you are over your credit limit, you must pay the amount you are over the limit before payments will begin to restore your credit limit. You may request an increase in your credit limit only by a method acceptable to the Credit Union. The Credit Union has the right to reduce your credit limit, refuse to make an advance and/or terminate your Account at any time for any reason not prohibited by law. USING YOUR CARD - You may use your Card to make purchases from merchants and others who accept the Card. However, you may not use your Card to initiate any type of gambling transaction. If you wish to pay for goods or services over the Internet, you may be required to provide card number security information before you will be permitted to complete the transaction. In addition, you may obtain cash advances from the Credit Union and from other financial institutions that accept your Card, and from some automated teller machines (ATMs). To obtain cash advances from an ATM, you must use the Personal Identification Number (PIN) that is issued to you for use with your Card. RESPONSIBILITY - You promise to pay all charges (purchases and cash advances) to your Account that are made by you or anyone whom you authorize to use your Account or Card. You also agree to pay all finance charges and other charges added to your Account under the terms of this Agreement or any other agreement you have with the Credit Union. FINANCE CHARGES - You have a 25-day grace period on your purchase balance and for new purchases if you paid the Total New Balance for purchases on your last statement by the end of the grace period. You also have a 25-day grace period for new purchases if you did not have a purchase balance on your last statement. The grace period starts on the statement closing date. If you do not pay the Total New Balance for purchases by the end of the grace period, finance charge will be imposed on the unpaid purchase balance from the first day of the next billing cycle and on new purchases from the date they are posted to your Account. If you have a balance other than a purchase balance and the other balance carries a higher APR, you may not be able to avoid periodic finance charges on new purchases if you do not pay your balance in full each month because we generally allocate payments above the minimum payment due first to the balance with the highest APR. The finance charge is imposed on cash advances from the date they are posted to your Account. Separate average daily balances are calculated for purchases and cash advances. The finance charge is calculated by multiplying the average daily balances by the monthly periodic rate. The monthly periodic rate and corresponding ANNUAL PERCENTAGE RATE for your credit card are disclosed on the Addendum. To get each average daily balance, the daily balances of purchases and cash advances for the billing cycle are added and the totals are divided by the number of days in the cycle. To get the daily balance for cash advances, new cash advances are added to the day's beginning balance and payments and credits are subtracted. To get the daily balance for purchases, new purchases are added to the day's beginning balance and payments and credits are subtracted; however, new purchases are not added if you paid the Total New Balance for purchases on your last statement by the end of the grace period or if you did not have a purchase balance on your last statement. Fees are not included in the calculation of the average daily balance. Finance charge will continue to accrue on your Account until what you owe under this Agreement is paid in full. PAYMENTS - Each month you must pay at least the minimum payment shown on your statement by the date specified on the statement or no later than 25 days from the statement closing date, whichever is later. If your statement says the payment is "Now Due," your payment is due no later than 25 days from the statement closing date. You may pay more frequently, pay more than the minimum payment or pay the Total New Balance in full. If you make extra or larger payments, you are still required to make at least the minimum payment each month your Account has a balance (other than a credit balance). The minimum payment is disclosed on the Addendum. The Credit Union also has the right to demand immediate payment of any amount by which you are over your credit limit. PAYMENT HOLIDAY OPTION - We may allow you a "Payment Holiday" which means that you may be allowed to skip making your minimum payment during a certain month of the year. If you accept the 'Payment Holiday" we will continue to apply the finance charges (interest) but no late payment charge will be imposed. For the month(s) following a "Payment Holiday" all credit terms disclosed in this Agreement (including minimum payment requirement and any applicable late payment charge) will again apply. PAYMENT ALLOCATION - When you pay in excess of your minimum payment, we apply the excess amount first to the balance with the highest annual percentage rate and any remaining portion to the other balances in descending order based on the applicable annual percentage rate SECURITY INTEREST - If you give the Credit Union a specific pledge of shares by signing a separate pledge of shares, your pledged shares will secure your Account. You may not withdraw amounts that have been specifically pledged to secure your Account until the Credit Union agrees to release all or part of the pledged amount. In addition, your Account is secured by all other shares you have in any individual or joint account with the Credit Union, except for shares in an Individual Retirement Account or in any other account that would lose special tax treatment under state or federal law if given as security. You authorize the Credit Union to apply the balance in your individual or joint share accounts to pay any amounts due on your Account if you should default. Collateral securing other loans you have with the Credit Union may also secure this loan, except that a dwelling will never be considered as a security for this Account, notwithstanding anything to the contrary in any other agreement. DEFAULT - You will be in default if you fail to make any minimum payment or other required payment by the date that it is due. You will be in default if you break any promise you make under this Agreement. You will be in default if you die, file for bankruptcy or become insolvent, that is, unable to pay your obligations when they become due. You will be in default if you make any false or misleading statements in any credit application or credit update. You will also be in default if something happens that the Credit Union believes may substantially reduce your ability to repay what you owe or if you are in default under any other loan agreement you have with the Credit Union. If any of these conditions occur, the Credit Union may consider you in default without giving you notice. When you are in default, the Credit Union has the right to demand immediate payment of your full Account balance without giving you notice. If immediate payment is demanded, you agree to continue paying interest at the periodic rate charged before default, until what you owe has been paid. Any shares and/or deposits that you gave as security for your Account may be applied towards what you owe, when you are in default. LIABILITY FOR UNAUTHORIZED USE-LOST/STOLEN CARD NOTIFICATION - You agree to notify us immediately, orally or in writing at the address or telephone number disclosed on the Addendum, of the loss, theft or unauthorized use of your Credit Card. You may be liable for the unauthorized use of your Credit Card. You will not be liable for unauthorized use that occurs after you notify us of the loss, theft, or possible unauthorized use. You will have no liability for unauthorized purchases made with your Credit Card, unless you are grossly negligent in the handling of your Card. In any case, your liability will not exceed $50. Information about your right to dispute transactions is included in this account-opening disclosure. CHANGING OR TERMINATING YOUR ACCOUNT - The Credit Union may change the terms of this Agreement from time to time. Notice of any change will be given in accordance with applicable law. If permitted by law and specified in the notice to you, the change will apply to your existing Account balance as well as to future transactions. Either you or the Credit Union may terminate this Agreement or your Account at any time, but termination by you or the Credit Union will not affect your obligation to pay the Account balance plus any finance and other charges you owe under this Agreement. You are also responsible for all transactions made to your Account after termination, unless the transactions were unauthorized. The Card or Cards you receive remain the property of the Credit Union and you must recover and surrender to the Credit Union all Cards upon request or upon termination of this Agreement, whether you or the Credit Union terminates your Account. The Credit Union has the right to require you to pay your full Account balance after your Account is terminated, whether it is terminated by you or by the Credit Union. If this is a joint Account, the Joint Account Section of this Agreement also applies to termination of your Account. CREDIT REVIEW AND RELEASE OF INFORMATION - You authorize the Credit Union to investigate your credit standing when opening or reviewing your Account. You authorize the Credit Union to disclose information regarding your Account to credit bureaus who inquire about your credit standing. If your Account is eligible for emergency cash and/or emergency card replacement services, and you request such services, you agree that we may provide personal information about you and your Account that is necessary to provide you with the requested service(s). RETURNS AND ADJUSTMENTS - Merchants and others who honor your Card may give credit for returns or adjustments, and they will do so by sending the Credit Union a credit slip which will be posted to your Account. If your credits and payments exceed what you owe the Credit Union the amount will be applied against future purchases and cash advances. If the credit balance amount is $1 or more, it will be refunded upon your written request or automatically after six (6) months. ADDITIONAL BENEFITS/CARD ENHANCEMENTS - The Credit Union may from time to time offer additional services and products in connection with your Account. You understand and agree that the Credit Union is not obligated to maintain such services and may withdraw or change them at any time. If any service or product is made available to you without cost, you understand and agree that the Credit Union may discontinue the service or product at any time or may begin to impose a charge for the service or product. FOREIGN TRANSACTIONS - The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or the government mandated rate in effect for the applicable central processing date, plus the 1% conversion fee charged by Visa may be assessed. JOINT ACCOUNTS - If this is a joint Account, each person on the Account must sign the Agreement. Each of you will be individually and jointly responsible for paying all amounts owed under this Agreement. This means that the Credit Union can require any one of you individually to repay the entire amount owed under this Agreement, or all of you together. Each of you authorizes the other(s) to make purchases or cash advances individually. Any one of you may terminate the Account in accordance with the Changing or Terminating Your Account Section of this Agreement and the termination will be effective as to all of you. If you give inconsistent instructions, the Credit Union may refuse to follow your instructions. ILLEGAL TRANSACTIONS PROHIBITED - You agree that you will not use your Card for any transaction that is illegal under applicable federal, state, or local law. ARBITRATION - PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS EXPRESSLY SET FORTH BELOW, YOU SPECIFICALLY AGREE (1) TO WAIVE YOUR RIGHT TO BRING A COURT ACTION AND HAVE A JURY TRIAL, (2) THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM TO THIS AGREEMENT, THE PLAN OR ANY TRANSACTION WITH RESPECT TO THE PLAN SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION CONDUCTED IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND (3) THAT THERE WILL BE NO CLASS CLAIMS IN ARBITRATION. Any such controversy or claim (whether a contract, tort, statutory or regulatory claim or claim based on any other legal theory) initiated by you or us against the other, or against any employee, agent or assign of the other, shall be submitted to and resolved on an individual basis by binding arbitration in accordance with the Federal Arbitration Act. The arbitration proceeding shall be conducted before one arbitrator from the American Arbitration Association (the "AAA") under the Commercial Arbitration Rules, including the Supplementary Procedures for Consumer-Related Disputes, of the AAA. Information regarding arbitration, the AAA and the rules of the AAA may be obtained by calling (800) 778-7879 or online at www.adr.org. You and we agree that any such arbitration shall be held and conducted in Bay County, Florida. Judgment upon any award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The arbitrator shall determine the prevailing party, and the costs and expenses of the arbitration proceeding, including the arbitrator's fees, shall be borne by the non-prevailing party, unless otherwise required by law or the Commercial Arbitration Rules, including the Supplementary Procedures for Consumer-Related Disputes, of the AAA. Arbitration claims shall be submitted and resolved on an individual basis, and the arbitrator will not consider or address class claims brought by or on behalf of other persons, or award punitive or any other monetary damages other than the prevailing party's actual damages. You and we recognize and agree that this agreement, any addendum to this agreement and the Plan involve transactions in interstate commerce within the meaning of the Federal Arbitration Act. You and we agree that no provision of this agreement, nor the exercise of any right under this agreement, shall limit the right of you or us to: (1) obtain provisional or ancillary remedies, such as injunctive relief, writ of attachment, or protective order (other than a stay of arbitration), from a court having jurisdiction before, during, or after the pendency of any arbitration, (2) exercise self-help remedies, such as set-off; (3) foreclose against or sell any real or personal property collateral by the exercise of a power of sale under a mortgage or other security agreement or instrument, a deed of trust, or applicable law; or (4) exercise any other rights under this agreement upon the breach of any term or condition herein. You and we agree further that no provision of this agreement, nor the exercise of any right under this agreement, shall limit (1) your right to pursue your claim in small claims court if your claim is within that court's jurisdictional limits and we are subject to the jurisdiction of that court, and (2) our right to proceed with claims relating solely to the collection of amounts owing by you under this agreement or the Plan through all other legal methods, including, but not limited to, proceeding in court to obtain judgment. Moreover, you and we agree that this arbitration agreement shall not apply or relate to credit cards issued by us to you or to any agreement with respect thereto. You and we agree that the invalidity or unenforceability of any portion of this arbitration provision shall not affect the validity and enforceability of the remaining portion and the remaining portion shall be given full force and effect. EFFECT OF AGREEMENT - This Agreement is the contract that applies to all transactions on your Account even though the sales, cash advance, credit or other slip you sign or receive in connection with a transaction from someone other than the Credit Union may contain different terms. NO WAIVER - The Credit Union may delay enforcing any of its rights any number of times without losing them. STATEMENTS AND NOTICES - Statements and notices will be mailed to you at the most recent address you have given the Credit Union. Notice sent to any one of you will be considered notice to all, unless applicable state law requires notice to each of you. YOUR BILLING RIGHTS Keep this Document for Future Use This notice tells you about your rights and our responsibilities under the 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 the address listed on your statement. 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. - At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing (or electronically). 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. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. 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. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 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 the address listed on your statement. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. Revised 04/24/2012