Preview
FILED: SCHOHARIE COUNTY CLERK 04/26/2024 01:36 PM INDEX NO. 2024-211
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/26/2024
EXHIBIT A
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FILED: SCHOHARIE COUNTY CLERK 04/26/2024 01:36 PM INDEX NO. 2024-211
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/26/2024
CARDMEMBER SERVICE Page 1 of 9
P. O. Box 6352
Fargo, ND 58125-6352
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106 FLORENCE ST
COBLESKILL NY 12043-4626
ARCHIVE - NOT MAILED
Visa Signature® Bonus Rewards Card Agreement
Interest Rates and Interest Charges
Annua Pe Rate
23.24%. This APR will vary with the market and is based on the Prime Rate.
cu cntag.e.
APR for Balance Transfers 23.24%. This APR will vary with the market and is based on the Prime Rate.
APR for Cash Advances 29.99%. This APR will vary with the market and is based on the Prime Rate.
Penalty APR and There is no Penalty Rate for your Account.
When It Applies
Paying Interest Your due date is 24-30 days after the close of each billing cycle. We will not charge you
interest on Purchases if you pay your entire balance, by the due date each month. We
begin charging interest on Advances and Balance Transfers on the transaction date.
Minimum Interest Charge If you are charged interest, the charge will be no less than $1.00.
For Credit Card Tips from To learn more about factors to consider when applying for or using a credit card,
the Consumer Financial visit the website of the Consumer Financial Protection Bureau at
Protection Bureau http://www.consumerfinance.gov/learnmore.
Fees
Set Up and Maintenance NOTICE: Some of these set-up and maintenance fees will be assessed before you
Fees begin using your Card and based on your Revolve Limit, your initial available credit will
be less.
You may still reject this Account, provided that you have not yet used it or paid a fee
after receiving a billing statement. If you do reject the Account, you are not responsible
for any fees or charges.
" Annual Fee NONE
Membership
" Travel Fee NONE
Membership
" Enrollment Fee NONE
Transaction Fees
" Balance Transfer and Either $5.00 or 3.00% of the Transfer or Advance amount, whichever is greater
Convenience Check (maximum fee (No Maximum)).
Advance
" Cash Advance ATM Either $10.00 or 5.00% of the Advance amount, whichever is greater (maximum fee
(No Maximum)).
" Cash Financial Either $10.00 or 5.00% of the Advance amount, whichever is greater (maximum fee
Institution (No Maximum)).
" Cash Equivalent Either $10.00 or 5.00% of the Advance amount, whichever is greater (maximum fee
Advance (No Maximum)).
" Overdraft Protection $10.00
" Foreign Transaction 3.00% of each foreign purchase transaction in U.S. Dollars.
FILED: SCHOHARIE COUNTY CLERK 04/26/2024 01:36 PM INDEX NO. 2024-211
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/26/2024
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Transaction Fees (cont.)
3.00% of each foreign purchase transaction in a Foreign Currency.
3.00% of each foreign ATM advance transaction in U.S. Dollars.
3.00% of each foreign ATM advance transaction in a Foreign Currency.
Penalty Fees
" Late Payment The first time your payment is late, a Late Fee of
Payment up to $30.00 will be
assessed. If another payment is late during the next 6 billing Cycles, a Late Payment
Fee of up to $41.00 will be assessed.
" Overlimit NONE
" Returned Payment The first time your payment is returned, a Returned Payment Fee of up to $30.00 will be
assessed. If another payment is returned during the next 6 billing CyCles, a Returned
Payment Fee of up to $41.00 will be assessed.
purchases)."
How We Will Calculate Your Balance: We use a method called "average daily balance (including new
See your Agreement for more details.
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your
Agreement.
Introductory Balance Transfer: The interest rate that is applied to your Account will apply only to those Balance
Transfers made in accordance with offers extended when your Account was opened.
VIsa Signature® Bonus Rewards Card Cardmember Agreement (a) the credit available under your Revolve Limit is less than the Convenience Check
This Is a cardmember agreement and disclosure statement ("Agreement") between you amount;
and Elan Financial Services containing the terms that will apply to your Visa (b) the Account usin Default; or
Signature® Bonus Rewards Card Account ("Account") effective November 3, 2023. In (c) the Convenience Check is improperly endorsed or otherwise fails to conform to our
"Cardmember" regularly accepted standards for check payment.
this Agreement, "you", "your", and means each individual accepting a
solicitation or applying for the Account or otherwise agreeing to be responsible for the Convenience Checks may not be used to pay your Account or any obligation you owe
"our" and "Cardmember Service" means Elan us or our affiliates.
Account. "We", "us", Financial Services,
the Issuer of the Card and your Account creditor. Please read this Agreement carefully 6. Paying and Stopping Payment on Convenience Checks: You must use the number
and keep it in a safe place to make the best use of the credit cards we issue with this and address provided In the Lost or Stolen Card or Other Information section to
Account ("Card"). The Agreement becomes effective as soon as you or someone request that payment be stopped on a Convenience Check. You must call us promptly
authorized by you uses or activates the Card or Account. Even if the Card or Account with an oral stop payment request and then provide us with a written confirmation of
has not been used or activated, this Agreement becomes effective unless you contact the stop payment request within 14 calendar days. Any written stop payment request
us within 30 days after you receive the Card by calling the number on the back of the we receive will remain in effect for 6 months, unless you renew the request in writing
Card to cancel your Account. In addition to this Agreement, there are also relevant before the end of that time. We may pay Convenience Checks more than 6 months
Account disclosures on your Card carrier. old. There may be circumstances under which a Convenience Check must be paid,
This Agreement contains an arbitration provision (including a class action even if we have received a stop payment request from you. We will not be liable to you
arbitration waiver). It Is Important that you read the entire Arbitration Provision if we do not honor your stop payment request under those circumstances. If it is
section carefully determined that a Convenience Check should have been pald, but was not, we will not
be liable for any consequential, punitive or incidental damages If we acted in good
ACCOUNT FEATURES AND YOUR USE OF THE ACCOUNT faith. Our only obligation under those circumstances will be to pay the designated
1. Personal Use: You may use the Account only for personal, family or household payee the amount of the Convenience Check and cancel any charges assessed
purposes. Federal or state consumer protection laws may not apply if you use the against your Account as a result of any wrongful failure to honor the Convenience
Account for other than personal, family, or household purposes. Check.
2. Purchases: You may use the Account to buy, lease or otherwise obtain goods or 7. Balance Transfers: We may permit you to transfer balances and obligations that you
services from participating merchants (including transactions you initiate by mail, owe other companies or financial institutions to your Account, subject to the terms and
telephone or over the Intemet), or take advantage of special promotional Balance conditions disclosed in the Offer Materials ("Balance Transfers"). Balance Transfers
Transfer offers that post as Purchase transactions ("Purchases"). We will, in will post to your Account and be separately reflected on monthly Account statements
connection with any promotional offer we make from time to time, provide information as a Balance Transfer, or, depending upon the offer, may post to the Account and be
on your Card carrier or in additional materials (the "Offer Materials") that explain treated as a Purchase or an Advance. We will, in connection with any Balance
whether those transactions will post and be treated as a Purchase. Even if you have Transfer offer we make, provide you with materials that explain how the Balance
not signed a sales draft or the merchant has not supplied you with a written receipt or Transfer will post to your Account and be reflected on monthly Account statements.
other proof of sale, you are responsible for all Purchases made through your Account, You may not request Balance Transfers on existing obligations you owe us or our
except as expressly limited by applicable law (see Your Billing Rights section below for affiliates. If you request a Balance Transfer that would cause your Account to exceed
more details). its Revolve Limit, we may, at our option, (a) post the entire Balance Transfer requested
to your Account; (b) post only a portion of the Balance Transfer requested to your
3. Advances: "Advances" are transactions other than Purchases that allow you direct
Account up to the amount of credit available under the Revolve Limit; or (c) refuse to
access to funds available through your Account. Advances may include Account
process the entire amount of the Balance Transfer requested.
transactions such as cash advances you obtain directly from us, automated teller
machines ("ATMs") or other participating financial institutions ("Cash Advances"). ATM 8. Overdraft Protection: This section is part of the Agreement only if you have
and financial institution Advances include phone (automated phone system and 24 specifically requested and have obtained Overdraft Protection linking the Account with
Hour customer service assisted) and Intemet transfers. Advances also include some a designated checking account at a financial institution with which we are affiliated or
Balance Transfers, Convenience Checks, FastCash, Overdraft Protection Advances with which we have a correspondent relationship. An "Overdraft Protection Advance" is
and Cash Equivalent Advances. "Cash Equivalent Advances" include transactions to an advance of funds to your designated checking account from this Account that will
acquire or initiate wire transfers, traveler's checks, cashier's checks, money orders, prevent overdrafts on your checking account. You authorize us to make Overdraft
foreign cash transactions, casino gaming and betting transactions and lottery tickets. Protection Advances from the Account as provided in this Agreement. Any Overdraft
Monthly Account statements we issue may refer to Advances as an Advance, Cash, Protection Advance will post and be disclosed as either a "Financial Institution Cash
Advance" or an "Overdraft Protection Advance" on your
Cash Advances, or by the product or device you used to obtain an Advance. Refer to periodic statement, and will be
the Advance Account Fees section for details on Advance Transaction Fees. subject to either a Financial Institution Cash Advance fee or an Overdraft Protection
Advance fee, depending on how the Advance is processed. An Overdraft Protection
4. Advance Limits: Only a portion of the Revolve Limit (defined below) is available for Advance will be made only once per day, and will be made in the amount determined
Advances and that portion may vary from time to time. Although you may have credit
available under your Account, we may be unable to authorize an Advance. You may by your financial institution (regardless of the specific overdraft amount). Please verify
the amount of the Overdraft Protection Advance with your financial institution. We
contact Cardmember Service at 1-866-234-4691, (we accept relay calls; FAX
may cancel Overdraft Protection pnvileges under the Account, even if the Account
1-866-616-1750) to learn the portion of your Revolve Limit which is available for remains open for other purposes.
Advances.
Note: For Young Adult Accounts, the young adult's name and cosigner's name must
5. Convenience Checks: From time to time, we may supply Convenience Checks for both be named on the linked checking account in order to have Overdraft Protection.
use by the person(s) or drawer named on those checks. "Convenience Checks" are
drafts that look like other checks, but are drawn on credit available in your Account. INTEREST CHARGES AND ACCOUNT FEES
Convenience Checks may not be offered for all Account types. We will, in connection 9. Account INTEREST CHARGES: INTEREST CHARGES reflect the cost of credit.
with any Convenience Check we provide, include Offer Materials that will explain Your total INTEREST CHARGE for any billing cycle will equal the amount of any (a)
whether the Convenience Check will post and be treated as an Advance or as a periodic rate INTEREST CHARGES (sometimes referred to as "interest" in this
Balance Transfer. Convenience Checks must be written in U.S. Dollars. We may Agreement and on monthly Account statements); (b) Advance Transaction Fees; and
retum a Convenience Check unpaid if: (c) any other transaction fees that are considered INTEREST CHARGES.
FILED: SCHOHARIE COUNTY CLERK 04/26/2024 01:36 PM INDEX NO. 2024-211
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10. Interest Rate: In this Agreement, we have abbreviated the terms "daily periodic (a) We will add an Advance Transaction Fee INTEREST CHARGE to the Advance
rate" as
"average daily balance" as ADB, and "ANNUAL PERCENTAGE balance of the Account for each Advance you obtain during a billing cycle in addition to
RATE" asDPR,
APR. the interest that accrues on Advances. The Advance Transaction Fee imposed will
Your Variable APRs are calculated by adding a margin to the index. Your Variable equal the greater of either a percentage of each Advance or the minimum dollar
DPR is equal to 1/365th of the corresponding APR. Your DPR and corresponding APR amount, subject to the maximum dollar amount, shown in the table below.
may increase or decrease from time to time according to the movements up or down of CASHRECEIVEDFROM MINIMUM F CASH EE MAXIMUM
the Index, which is the Prime Rate published in the "Money Rates" section of the
Midwest Edition of The Wall Street Joumal on the last publication day before the date FINANCIALINSTITUTION $10.00 5.000% NoMaximum
on which the billing cycle closed (in other words, the "statement date"). We reserve the CASHEQUlVALENT $10.00 5.000% NoMaximum
right to choose a comparable new index if The Wall Street Joumal ceases to publish a
Prime Rate. The margin is the percentage we add to the Index to calculate the APR. b) We will add a Balance Transfer Fee INTI EST CHARGE to he urchase ba ance
The current applied Index value for your Account is 8.50%. Any vanable rate of the Account equal to 3.000% of the balance transfer amount, subject to a minimum
adjustment based on a change to your margin will be effective as of the first day of the of $5.00 and a maximum of (No Maximum), except where Offer Materials specify
current billing cycle, and will apply to all new Account balances and transactions
subject to that variable rate. Any vanable rate adjustment based on a change to your 'We vill add a Convenience Check Fee INTEREST CHARGE to the Advance
Index will be effective as of the first day of the current billing cycle, and will apply to all balance of your Account equal to 3.000% of the amount of the check, subject to a
new and outstanding Account balances and transactions subject to that variable rate. minimum of $5.00 and maximum of (No Maximum) except where Offer Materials
An increase or decrease to the Index or margin will apply to Purchase, Advance, and
Balance Transfer balances and will result in an increase or decrease in the INTEREST pecße I d an Overdraft Fee INTEREST CHARGE of $10.00 to the Advance
CHARGE on the Account, an increase or decrease to your Minimum Payment, and an balance of your Account, except where Offer Materials specify otherwise.
increase or decrease to your New Balance.
14. Account Fees:
(a) Standard Interest Rates- (a) We may add a Promotional Discount Transaction Fee INTEREST CHARGE for
Variable Rate for "Purchases" and "Balance Transfers": The DPR for transactions each Promotional Discount you receive during the billing cycle, as outlined in any Offer
posting as Purchases and Balance Transfers is equal to 1/365th of its corresponding Materials.
APR. To determine the standard variable rate for transactions posting as Purchases
(b) Annual Membership Fee.
and Balance Transfers, we will add the Index to a margin of 14.74% resulting in a DPR There is no Annual Membership Fee on your Account.
of .06367123% (corresponding APR of 23.24%). However, Purchase and Balance
(c) We will add a Late Payment Fee to the Purchase balance of the Account if your
Transfer transactions are subject to a minimum DPR of (no minimum) (corresponding Minimum Payment is not received by the Payment Due Date shown on the monthly
APR of (no minimum)), and a maximum DPR of .08216438% (corresponding APR Account statement.
29.99%). Currently, the standard DPR for transactions posting as Purchases and This fee will be assessed as follows: the first time your payment is late, a Late
Balance Transfers is .06367123% (corresponding APR 23.24%). Payment Fee of up to $30.00 will be assessed. If another payment is late during the
Variable Rate for "Advances": To determine the standard variable rate for next 6 billing cycles, a Late Payment Fee of up to $41.00 will be assessed.
transactions posting as Advances, we will add the Index to a margin of 22.74% (d) There is no Overlimit Fee on your Account.
resulting in a DPR of .08558904% and a (corresponding APR of 31.24%). However, (e) We will add a Returned Payment Fee to the Purchase balance of the Account if any
Advance transactions are subject to a minimum DPR of (no minimum) (corresponding payment on the Account is not honored or if we must return it to you because it cannot
APR (no minimum)), and a maximum DPR of .08216438% (corresponding APR be processed. A check that is returned unpaid will be sent for collection. The fee will be
29.99%). Currently, the standard DPR for transactions posting as Advances is assessed as follows: the first time your payment is returned, a Returned Payment Fee
.08216438% (corresponding APR 29.99%). of up to $30.00 will be assessed. If another payment is retumed during the next 6
billing cycles, a Returned Payment Fee of up to $41.00 will be assessed.
Introductory and Promotional Rates: We may, at our option, offer you for a limited (f) We will add a Duplicate Documentation Fee of $5.00 to the Purchase balance of the
time introductory or promotional interest rates for all or part of new Purchase, Advance, Account for each copy of a monthly statement, sales slip, refund slip, or Advance slip
or Balance Transfers posted to your Account. We will tell you in the Offer Matenals the that you request. There will be no charge for documentation requests made in
introductory or promotional rate and the penod of time dunng which that rate will be in connection with a billing error notice, if our investigation indicates a billing error
effect and any conditions or requirements of the offer. Unless the Offer Materials state occurred
otherwise, an introductory or promotional rate will remain in effect until the last day of
the billing cycle in which the introductory or promotional rate expires. Any mtroductory (g) We n ay add a (No Fee) service charge to the Purchase balance of the Account if
you call us to make a payment on your Account and are assisted by a Cardmember
or promotional rate that applies to new or outstanding Account balances wdl increase Service Representative to make the payment. You will be provided with confirmation of
to the standard rate that would otherwise apply, or, when appropriate under the terms the service charge before the payment transaction is authorized.
of this Agreement, a Penalty Rate due to an Adjustment Event (as indicated above).
(h) We will add a Stop Payment Check Fee of (no fee) to the Purchase balance of your
11. INTEREST CHARGE: Method of Computing Balance Subject to Interest Rate: Account if you request a stop payment on a Convenience Check. (See "Paying and
Checks" section
We calculate the periodic rate or interest portion of the INTEREST CHARGE by Stopping Payment on Convenience above for more details.)
multiplying the applicable DPR by the ADB (including new transactions) of the IMPORTANT INFORMATION ABOUT USING YOUR ACCOUNT
Purchase, Advance and Balance Transfer categories subject to interest, and then 15. BalanceShield or Insurance Charges: Your purchase of BalanceShield debt
adding together the resulting interest from each category. We determine the ADB cancellation or credit life insurance and disability is optional. Whether or not you
separately for the Purchases, Advances and Balance Transfer categories. To get the purchase BalanceShield or credit insurance will not affect your application for credit or
ADB in each category, we add together the daily balances in those categories for the the terms of any existing credit agreement you have with us. If you elect to purchase
billing cycle and divide the result by the number of days in the billing cycle. We BalanceShield or credit insurance and are eligible to participate, the monthly program
determine the daily balances each day by taking the beginning balance of those fee or premium (at the rate disclosed to you) will be added to the Purchase balance as
Account categories (including any billed but unpaid interest, fees, credit insurance and of the closing date of each billing cycle based upon the Account balance (including
other charges), adding any new interest, fees, and charges, and subtracting any accrued INTEREST CHARGES). The terms of your BalanceShield coverage will be
payments or credits applied against your Account balances that day. We add a summarized in the BalanceShield Debt Cancellation Program Agreement, which will be
Purchase, Advance or Balance Transfer to the appropnate balances for those provided to you upon enrollment. For credit insurance, the terms of your insurance
categories on the later of the transaction date or the first day of the statement period· coverage will be summarized in the Certificate of Insurance, which will be provided to
Billed but unpaid interest on Purchases, Advances and Balance Transfers is added to you. These features are not offered for Secured Accounts.
the appropriate balances for those categories each month on the statement date. Billed .
but unpaid Advance Transaction Fees are added to the Advance balance of your 16. Credit Limit: There is no predetermined Credit Limit for your Account. Individual
Account on the date they are charged to your Account. Any billed but unpaid fees on transactions are authorized based on factors such as Account history, credit record,
Purchases, credit insurance charges, and other charges are added to the Purchase and payment resources.
balance of the Account on the date they are charged to the Account. Billed but unpaid a. Revolve Limit: Your Revolve Limit (for Purchases, Advances and Balance Transfers)
fees on Balance Transfers are added to the Balance Transfer balance of the Account is the total dollars available to you to carry over, less the minimum monthly payment
on the date they are charged to the Account. In other words, billed and unpaid interest, from billing cycle to billing cycle as a revolving line of credit. Your initial Revolve Limit
fees, and charges will be included in the ADB of your Account that accrues interest is shown on the Card Camer. We reserve the right to periodically re-evaluate your
and will reduce the amount of credit available to you. To the extent credit insurance Account and increase or decrease your Revolve Limit.
charges, overlimit fees, Annual Fees, and/or Travel Membership Fees may be applied b. Extraordinary Purchases: If you are planning an out-of-pattem transaction or large
to your Account, such charges and/or fees are not included in the ADB calculation for ticket Purchase, you must inform us of the Purchase at least 2 business days pnor,
Purchases until the first day of the billing cycle following the date the credit insurance and no more than 60 days pnor to the event via telephone.
charges, overlimit fees, Annual Fees, and/or Travel Membership Fees (as applicable) 17. Payment: You must pay us in U.S. Dollars with checks or similar payment
are charged to the Account. Prior statement balances subject to an interest-free period instruments drawn on a financial institution located in the United States. We will also
that have been paid on or before the payment due date in the current billing cycle are accept payment in U.S. Dollars via the Internet or phone or previously established
not included in the ADB calculation. There is a minimum INTEREST CHARGE Fee of automatic payment transaction. We may, at our option, choose to accept a payment
$1.00 in any billing cycle in which an INTEREST CHARGE is due. As described drawn on a foreign financial institution. However, you will be charged and agree to pay
above, this Agreement provides for the compounding of interest on your Account. any collection fees required in connection with such a transaction. The date you mail a
12. Paying Interest: You have a 24 to 30 day interest-free period for Purchases payment is different than the date we receive that payment. For purposes of this
provided you have paid your previous balance in full by the Payment Due Date shown Agreement, the payment date is the day we receive your check or money order at the
on your monthly Account statement. In order to avoid additional INTEREST CHARGES address specified on your monthly Account statement or the day we receive your
on Purchases, you must pay your new balance in full by the Payment Due Date shown electronic or phone payment. All payments by check or money order accompanied by a
on the front of your monthly Account statement. There is no interest-free period for payment coupon and received at the payment address designated in your billing
transactions that post to the Account as Advances or Balance Transfers except as statement will be credited to your Account on the day of receipt if received at the
provided in any Offer Materials. Those transactions are subject to interest from the designated address by 5:00 p.m. CT on any banking day. Mailed payments that do not
date they post to the Account until the date they are paid in full. include the payment coupon and/or are mailed to a different address will be processed
within 5 banking days of receipt and credited to your Account on the day of receipt. In
13. Advance Account Fees: You agree to pay the following Account fees and addition, if you mail your payment without a payment coupon or to an incorrect
INTEREST CHARGES: address, it may result in a delayed credit to your Account, additional INTEREST
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CHARGES, fees, and possible suspension of your Account. Internet and telephone If you use your Card at a merchant or an ATM that bears the Visa logo (and no PLUS
payment options are available, and crediting times vary (but generally must be made System logo), the transaction will be processed through the Visa system and will be
before 5:00 p.m CT to 8 p.m. CT depending on what day and how the payment is converted to U.S. Dollars according to the applicable rules established by Visa from
made). If you are making an internet or telephone payment, please contact time to time. Currently, the currency conversion rate used by Visa to determine the
Cardmember Service for times specific to your Account and your payment option. foreign currency transaction amount in U.S. Dollars is determined by multiplying the
Banking days are all calendar days except Saturday, Sunday and federal holidays. amount of the foreign currency transaction times (a) a rate selected by Visa from the
Payments due on a Saturday, Sunday or federal holiday and received on those days range of rates available in wholesale currency markets for the applicable central
will be credited on the day of receipt. processing date, which rate may vary from the rate Visa itself receives, or (b) the
18. Minimum Payment: Each month, you must pay at least the Minimum Payment and government-mandated rate in effect for the applicable central processing date. If your
foreign transaction is in foreign currency pnor to being processed by Visa, we will add
any past due Minimum Payment(s) by the Payment Due Date shown on your monthly a Foreign Transaction Fee INTEREST CHARGE of 3.00% of the Purchase transaction
Account statement. You may, at your option, pay more than the Minimum Payment or
or 3.00% of the ATM transaction. If your foreign transaction is in or converted to U.S.
pay the New Balance (as stated on your monthly Account statement) in full to reduce Dollars prior to being processed by Visa, we will add a Foreign Transaction Fee
or avoid the INTEREST CHARGE for the Account
Your Minimum Payment will be calculated as follows: first we determine the "Base INTEREST CHARGE of 3.00% of the Purchase transaction or 3.00% of the ATM
Minimum Payment", which is the greater of $40.00 or 1.00% of your New Balance up to transaction.
the Revolve Limit not including items (1) and (2) below, which, if not a whole dollar If you use your Card at an ATM that bears only the PLUS System logo (and no Visa
amount, will be rounded to the next highest dollar. To the Base Minimum Payment, we logo), the transaction will be processed through the PLUS System and will be
may add one or more of the following items, as incurred on your Account: (1) any late, converted into U.S. Dollars at the exchange rate established, from time to time, by the
annual and/or any other Account related fee, (2) the INTEREST CHARGE, and (3) if operator of that ATM. To the converted transaction we will not add a Foreign
your Account is over the Revolve Limit, some or all of the balance amount over your Transaction Fee INTEREST CHARGE,
Revolve Limit. If the resulting Minimum Payment is greater than $40.00, the total, if not
If you use your Card at an ATM that bears both the Visa and PLUS System logos, the
a whole dollar amount, is then rounded to the next highest dollar. Any Minimum ATM operator will determine whether to send your transaction over the Visa or PLUS
Payment or additional amount you pay each month will not prepay any future Minimum
System network using such network's respective currency conversion rules then in
Payments required, or change your obligation to make at least a Minimum Payment by effect (as explained above)
the Payment Due Date. Any statement credit that results from a promotional offer or
rewards redemption, if applicable, will only be applied to the Account balance and not YOUR LEGAL RESPONSIBILITY IN THIS AGREEMENT
satisfy any portion of the Minimum Payment requirements for this Account. 25. Responsibility to Pay: You agree to pay us for all Purchases, Advances, Balance
19. Payment Application: If we cannot collect on your check or other payment item you Transfers, INTEREST CHARGES, Account Fees and charges, any other transaction
send us to pay on your Account, we may post as an Advance transaction an amount charges as provided in this Agreement and, to the extent permitted under applicable
equal to the credit previously given to you for such check or payment item and we may law, attorneys fees and collection costs we incur enforcing this Agreement against you.
charge interest on this amount from the date your Account originally was credited for This is the case even if your Account is only used by one of you, or is used by
the payment. After a payment has been made, we reserve the right to withhold someone authorized by only one of you. If there is more than one Cardmember, each
available credit in the amount of the payment for 7 business days. Any credit available of you is responsible, together and separately, for the full amount owed on your
before the payment is made will continue to be available for use during this time. Account. Your obligation to pay the Account balance continues even though an
agreement, divorce decree, court judgment, or other document to which we are not a
20. Skip Payment Option: We may, at our option, occasionally offer you an opportunity
to skip your obligation to make the Minimum Payment due. You may not skip party may direct another person to be responsible to pay the Account.
payments unless we make this offer to you. If we offer you an opportunity to skip a 26. Intent to Repay: Every time you use your Account, you represent to us that you
payment more than once in a 12 month period, you will not be permitted to skip intend to and have the ability to repay your Account obligations. We rely on this
payments required in consecutive months. You cannot accept a skip payment offer if representation every time you use your Account.
your Account is delinquent, or is in Default. When you take advantage of a skip 27. Settling a Disputed Balance; Payment in Full: If you want to settle a disagreement
payment offer, the interest will continue to accrue on the entire unpaid balance of your with us about any amount you owe by sending a check on which you have written
Account. Full" or
"Payment in similar language, you must send us a written explanation of the
21. Change of Address: Your monthly Account statements and notices about your disagreement or dispute and any such check to Cardmember Service, P.O. Box 6335
Account will be sent to the address you provided in your application on your response Fargo, ND 58125-6335. (See Your Billing Rights section below for complete details.)
to our Account solicitation To change your address, you must call us at This address is different than the address you use to make Account payments. Writing
"Payment in Full" or similar language on the check will not be enough to resolve the
1-866-234-4691, (we accept relay calls; FAX 1-866-616-1750) or write to us at
Cardmember Service, P.O. Box 6354, Fargo, ND 58125-6354. We must receive this dispute. If we collect a check or any payment instrument marked "Payment in Full" that
information 21 days before the date a billing cycle closes to provide your monthly you sent to an address other than the one provided in this section (such as the address
Account statement at your new address. If you have an address change within 45 days at which you normally make payments), we will not have waived our right to collect any
of the expiration date of your Card(s), please contact Cardmember Service at remaining amount you owe us under the terms of your Account.
1-866-234-4691 (we accept relay calls; FAX 1-866-616-1750 with your new address. 28. Default: You and your Account will be in Default if:
We may also update your address in our records without a request from you if we a) we do not receive the Minimum Payment by the Payment Due Date disclosed on the
receive an address change notice from the U.S. Postal Service or if we receive monthly Account statement;
updated address information from our mail services vendor- b) you violate any other provision of this Agreement;
22. Authorized Users: You agree not to allow access to your Card, Account number, c) you die without a surviving joint Cardmember;
Convenience Checks, or personal identification number (PIN) to anyone else to use d) you become insolvent, assign any property to your creditors, or go into bankruptcy
your Account, except by asking us to issue a card to grant Account access to another or receivership;
person. If you allow access to your Card or Account information, you will be liable for e) you have made false statements on your Account application or in the maintenance
any charges made by that person, unless and except as expressly required by of your Account;
applicable law. You agree to be responsible for all Account transactions made by a f) we have any reason to believe that your Account is in danger of, or is being used for
Cardmember, or anyone who you have authorized by (a) asking us to issue a Card to fraud;
grant Account access to another person; (b) lending your Card to or allowing Account g) you are a married community property state resident and you or we receive a written
access by another person; or (c) any other way in which you would be legally termination notice of this Agreement from y
Preview
FILED: SCHOHARIE COUNTY CLERK 04/26/2024 01:36 PM INDEX NO. 2024-211 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/26/2024 EXHIBIT A roca FILED: SCHOHARIE COUNTY CLERK 04/26/2024 01:36 PM INDEX NO. 2024-211 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/26/2024 CARDMEMBER SERVICE Page 1 of 9 P. O. Box 6352 Fargo, ND 58125-6352 piIIIIII|I||ingg||l|Ilillu|il|"|g||iglili||g|si|gis|gi|illlW 106 FLORENCE ST COBLESKILL NY 12043-4626 ARCHIVE - NOT MAILED Visa Signature® Bonus Rewards Card Agreement Interest Rates and Interest Charges Annua Pe Rate 23.24%. This APR will vary with the market and is based on the Prime Rate. cu cntag.e. APR for Balance Transfers 23.24%. This APR will vary with the market and is based on the Prime Rate. APR for Cash Advances 29.99%. This APR will vary with the market and is based on the Prime Rate. Penalty APR and There is no Penalty Rate for your Account. When It Applies Paying Interest Your due date is 24-30 days after the close of each billing cycle. We will not charge you interest on Purchases if you pay your entire balance, by the due date each month. We begin charging interest on Advances and Balance Transfers on the transaction date. Minimum Interest Charge If you are charged interest, the charge will be no less than $1.00. For Credit Card Tips from To learn more about factors to consider when applying for or using a credit card, the Consumer Financial visit the website of the Consumer Financial Protection Bureau at Protection Bureau http://www.consumerfinance.gov/learnmore. Fees Set Up and Maintenance NOTICE: Some of these set-up and maintenance fees will be assessed before you Fees begin using your Card and based on your Revolve Limit, your initial available credit will be less. You may still reject this Account, provided that you have not yet used it or paid a fee after receiving a billing statement. If you do reject the Account, you are not responsible for any fees or charges. " Annual Fee NONE Membership " Travel Fee NONE Membership " Enrollment Fee NONE Transaction Fees " Balance Transfer and Either $5.00 or 3.00% of the Transfer or Advance amount, whichever is greater Convenience Check (maximum fee (No Maximum)). Advance " Cash Advance ATM Either $10.00 or 5.00% of the Advance amount, whichever is greater (maximum fee (No Maximum)). " Cash Financial Either $10.00 or 5.00% of the Advance amount, whichever is greater (maximum fee Institution (No Maximum)). " Cash Equivalent Either $10.00 or 5.00% of the Advance amount, whichever is greater (maximum fee Advance (No Maximum)). " Overdraft Protection $10.00 " Foreign Transaction 3.00% of each foreign purchase transaction in U.S. Dollars. FILED: SCHOHARIE COUNTY CLERK 04/26/2024 01:36 PM INDEX NO. 2024-211 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/26/2024 s Page 2 of 9 Transaction Fees (cont.) 3.00% of each foreign purchase transaction in a Foreign Currency. 3.00% of each foreign ATM advance transaction in U.S. Dollars. 3.00% of each foreign ATM advance transaction in a Foreign Currency. Penalty Fees " Late Payment The first time your payment is late, a Late Fee of Payment up to $30.00 will be assessed. If another payment is late during the next 6 billing Cycles, a Late Payment Fee of up to $41.00 will be assessed. " Overlimit NONE " Returned Payment The first time your payment is returned, a Returned Payment Fee of up to $30.00 will be assessed. If another payment is returned during the next 6 billing CyCles, a Returned Payment Fee of up to $41.00 will be assessed. purchases)." How We Will Calculate Your Balance: We use a method called "average daily balance (including new See your Agreement for more details. Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your Agreement. Introductory Balance Transfer: The interest rate that is applied to your Account will apply only to those Balance Transfers made in accordance with offers extended when your Account was opened. VIsa Signature® Bonus Rewards Card Cardmember Agreement (a) the credit available under your Revolve Limit is less than the Convenience Check This Is a cardmember agreement and disclosure statement ("Agreement") between you amount; and Elan Financial Services containing the terms that will apply to your Visa (b) the Account usin Default; or Signature® Bonus Rewards Card Account ("Account") effective November 3, 2023. In (c) the Convenience Check is improperly endorsed or otherwise fails to conform to our "Cardmember" regularly accepted standards for check payment. this Agreement, "you", "your", and means each individual accepting a solicitation or applying for the Account or otherwise agreeing to be responsible for the Convenience Checks may not be used to pay your Account or any obligation you owe "our" and "Cardmember Service" means Elan us or our affiliates. Account. "We", "us", Financial Services, the Issuer of the Card and your Account creditor. Please read this Agreement carefully 6. Paying and Stopping Payment on Convenience Checks: You must use the number and keep it in a safe place to make the best use of the credit cards we issue with this and address provided In the Lost or Stolen Card or Other Information section to Account ("Card"). The Agreement becomes effective as soon as you or someone request that payment be stopped on a Convenience Check. You must call us promptly authorized by you uses or activates the Card or Account. Even if the Card or Account with an oral stop payment request and then provide us with a written confirmation of has not been used or activated, this Agreement becomes effective unless you contact the stop payment request within 14 calendar days. Any written stop payment request us within 30 days after you receive the Card by calling the number on the back of the we receive will remain in effect for 6 months, unless you renew the request in writing Card to cancel your Account. In addition to this Agreement, there are also relevant before the end of that time. We may pay Convenience Checks more than 6 months Account disclosures on your Card carrier. old. There may be circumstances under which a Convenience Check must be paid, This Agreement contains an arbitration provision (including a class action even if we have received a stop payment request from you. We will not be liable to you arbitration waiver). It Is Important that you read the entire Arbitration Provision if we do not honor your stop payment request under those circumstances. If it is section carefully determined that a Convenience Check should have been pald, but was not, we will not be liable for any consequential, punitive or incidental damages If we acted in good ACCOUNT FEATURES AND YOUR USE OF THE ACCOUNT faith. Our only obligation under those circumstances will be to pay the designated 1. Personal Use: You may use the Account only for personal, family or household payee the amount of the Convenience Check and cancel any charges assessed purposes. Federal or state consumer protection laws may not apply if you use the against your Account as a result of any wrongful failure to honor the Convenience Account for other than personal, family, or household purposes. Check. 2. Purchases: You may use the Account to buy, lease or otherwise obtain goods or 7. Balance Transfers: We may permit you to transfer balances and obligations that you services from participating merchants (including transactions you initiate by mail, owe other companies or financial institutions to your Account, subject to the terms and telephone or over the Intemet), or take advantage of special promotional Balance conditions disclosed in the Offer Materials ("Balance Transfers"). Balance Transfers Transfer offers that post as Purchase transactions ("Purchases"). We will, in will post to your Account and be separately reflected on monthly Account statements connection with any promotional offer we make from time to time, provide information as a Balance Transfer, or, depending upon the offer, may post to the Account and be on your Card carrier or in additional materials (the "Offer Materials") that explain treated as a Purchase or an Advance. We will, in connection with any Balance whether those transactions will post and be treated as a Purchase. Even if you have Transfer offer we make, provide you with materials that explain how the Balance not signed a sales draft or the merchant has not supplied you with a written receipt or Transfer will post to your Account and be reflected on monthly Account statements. other proof of sale, you are responsible for all Purchases made through your Account, You may not request Balance Transfers on existing obligations you owe us or our except as expressly limited by applicable law (see Your Billing Rights section below for affiliates. If you request a Balance Transfer that would cause your Account to exceed more details). its Revolve Limit, we may, at our option, (a) post the entire Balance Transfer requested to your Account; (b) post only a portion of the Balance Transfer requested to your 3. Advances: "Advances" are transactions other than Purchases that allow you direct Account up to the amount of credit available under the Revolve Limit; or (c) refuse to access to funds available through your Account. Advances may include Account process the entire amount of the Balance Transfer requested. transactions such as cash advances you obtain directly from us, automated teller machines ("ATMs") or other participating financial institutions ("Cash Advances"). ATM 8. Overdraft Protection: This section is part of the Agreement only if you have and financial institution Advances include phone (automated phone system and 24 specifically requested and have obtained Overdraft Protection linking the Account with Hour customer service assisted) and Intemet transfers. Advances also include some a designated checking account at a financial institution with which we are affiliated or Balance Transfers, Convenience Checks, FastCash, Overdraft Protection Advances with which we have a correspondent relationship. An "Overdraft Protection Advance" is and Cash Equivalent Advances. "Cash Equivalent Advances" include transactions to an advance of funds to your designated checking account from this Account that will acquire or initiate wire transfers, traveler's checks, cashier's checks, money orders, prevent overdrafts on your checking account. You authorize us to make Overdraft foreign cash transactions, casino gaming and betting transactions and lottery tickets. Protection Advances from the Account as provided in this Agreement. Any Overdraft Monthly Account statements we issue may refer to Advances as an Advance, Cash, Protection Advance will post and be disclosed as either a "Financial Institution Cash Advance" or an "Overdraft Protection Advance" on your Cash Advances, or by the product or device you used to obtain an Advance. Refer to periodic statement, and will be the Advance Account Fees section for details on Advance Transaction Fees. subject to either a Financial Institution Cash Advance fee or an Overdraft Protection Advance fee, depending on how the Advance is processed. An Overdraft Protection 4. Advance Limits: Only a portion of the Revolve Limit (defined below) is available for Advance will be made only once per day, and will be made in the amount determined Advances and that portion may vary from time to time. Although you may have credit available under your Account, we may be unable to authorize an Advance. You may by your financial institution (regardless of the specific overdraft amount). Please verify the amount of the Overdraft Protection Advance with your financial institution. We contact Cardmember Service at 1-866-234-4691, (we accept relay calls; FAX may cancel Overdraft Protection pnvileges under the Account, even if the Account 1-866-616-1750) to learn the portion of your Revolve Limit which is available for remains open for other purposes. Advances. Note: For Young Adult Accounts, the young adult's name and cosigner's name must 5. Convenience Checks: From time to time, we may supply Convenience Checks for both be named on the linked checking account in order to have Overdraft Protection. use by the person(s) or drawer named on those checks. "Convenience Checks" are drafts that look like other checks, but are drawn on credit available in your Account. INTEREST CHARGES AND ACCOUNT FEES Convenience Checks may not be offered for all Account types. We will, in connection 9. Account INTEREST CHARGES: INTEREST CHARGES reflect the cost of credit. with any Convenience Check we provide, include Offer Materials that will explain Your total INTEREST CHARGE for any billing cycle will equal the amount of any (a) whether the Convenience Check will post and be treated as an Advance or as a periodic rate INTEREST CHARGES (sometimes referred to as "interest" in this Balance Transfer. Convenience Checks must be written in U.S. Dollars. We may Agreement and on monthly Account statements); (b) Advance Transaction Fees; and retum a Convenience Check unpaid if: (c) any other transaction fees that are considered INTEREST CHARGES. FILED: SCHOHARIE COUNTY CLERK 04/26/2024 01:36 PM INDEX NO. 2024-211 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/26/2024 s Page 3 of 9 10. Interest Rate: In this Agreement, we have abbreviated the terms "daily periodic (a) We will add an Advance Transaction Fee INTEREST CHARGE to the Advance rate" as "average daily balance" as ADB, and "ANNUAL PERCENTAGE balance of the Account for each Advance you obtain during a billing cycle in addition to RATE" asDPR, APR. the interest that accrues on Advances. The Advance Transaction Fee imposed will Your Variable APRs are calculated by adding a margin to the index. Your Variable equal the greater of either a percentage of each Advance or the minimum dollar DPR is equal to 1/365th of the corresponding APR. Your DPR and corresponding APR amount, subject to the maximum dollar amount, shown in the table below. may increase or decrease from time to time according to the movements up or down of CASHRECEIVEDFROM MINIMUM F CASH EE MAXIMUM the Index, which is the Prime Rate published in the "Money Rates" section of the Midwest Edition of The Wall Street Joumal on the last publication day before the date FINANCIALINSTITUTION $10.00 5.000% NoMaximum on which the billing cycle closed (in other words, the "statement date"). We reserve the CASHEQUlVALENT $10.00 5.000% NoMaximum right to choose a comparable new index if The Wall Street Joumal ceases to publish a Prime Rate. The margin is the percentage we add to the Index to calculate the APR. b) We will add a Balance Transfer Fee INTI EST CHARGE to he urchase ba ance The current applied Index value for your Account is 8.50%. Any vanable rate of the Account equal to 3.000% of the balance transfer amount, subject to a minimum adjustment based on a change to your margin will be effective as of the first day of the of $5.00 and a maximum of (No Maximum), except where Offer Materials specify current billing cycle, and will apply to all new Account balances and transactions subject to that variable rate. Any vanable rate adjustment based on a change to your 'We vill add a Convenience Check Fee INTEREST CHARGE to the Advance Index will be effective as of the first day of the current billing cycle, and will apply to all balance of your Account equal to 3.000% of the amount of the check, subject to a new and outstanding Account balances and transactions subject to that variable rate. minimum of $5.00 and maximum of (No Maximum) except where Offer Materials An increase or decrease to the Index or margin will apply to Purchase, Advance, and Balance Transfer balances and will result in an increase or decrease in the INTEREST pecße I d an Overdraft Fee INTEREST CHARGE of $10.00 to the Advance CHARGE on the Account, an increase or decrease to your Minimum Payment, and an balance of your Account, except where Offer Materials specify otherwise. increase or decrease to your New Balance. 14. Account Fees: (a) Standard Interest Rates- (a) We may add a Promotional Discount Transaction Fee INTEREST CHARGE for Variable Rate for "Purchases" and "Balance Transfers": The DPR for transactions each Promotional Discount you receive during the billing cycle, as outlined in any Offer posting as Purchases and Balance Transfers is equal to 1/365th of its corresponding Materials. APR. To determine the standard variable rate for transactions posting as Purchases (b) Annual Membership Fee. and Balance Transfers, we will add the Index to a margin of 14.74% resulting in a DPR There is no Annual Membership Fee on your Account. of .06367123% (corresponding APR of 23.24%). However, Purchase and Balance (c) We will add a Late Payment Fee to the Purchase balance of the Account if your Transfer transactions are subject to a minimum DPR of (no minimum) (corresponding Minimum Payment is not received by the Payment Due Date shown on the monthly APR of (no minimum)), and a maximum DPR of .08216438% (corresponding APR Account statement. 29.99%). Currently, the standard DPR for transactions posting as Purchases and This fee will be assessed as follows: the first time your payment is late, a Late Balance Transfers is .06367123% (corresponding APR 23.24%). Payment Fee of up to $30.00 will be assessed. If another payment is late during the Variable Rate for "Advances": To determine the standard variable rate for next 6 billing cycles, a Late Payment Fee of up to $41.00 will be assessed. transactions posting as Advances, we will add the Index to a margin of 22.74% (d) There is no Overlimit Fee on your Account. resulting in a DPR of .08558904% and a (corresponding APR of 31.24%). However, (e) We will add a Returned Payment Fee to the Purchase balance of the Account if any Advance transactions are subject to a minimum DPR of (no minimum) (corresponding payment on the Account is not honored or if we must return it to you because it cannot APR (no minimum)), and a maximum DPR of .08216438% (corresponding APR be processed. A check that is returned unpaid will be sent for collection. The fee will be 29.99%). Currently, the standard DPR for transactions posting as Advances is assessed as follows: the first time your payment is returned, a Returned Payment Fee .08216438% (corresponding APR 29.99%). of up to $30.00 will be assessed. If another payment is retumed during the next 6 billing cycles, a Returned Payment Fee of up to $41.00 will be assessed. Introductory and Promotional Rates: We may, at our option, offer you for a limited (f) We will add a Duplicate Documentation Fee of $5.00 to the Purchase balance of the time introductory or promotional interest rates for all or part of new Purchase, Advance, Account for each copy of a monthly statement, sales slip, refund slip, or Advance slip or Balance Transfers posted to your Account. We will tell you in the Offer Matenals the that you request. There will be no charge for documentation requests made in introductory or promotional rate and the penod of time dunng which that rate will be in connection with a billing error notice, if our investigation indicates a billing error effect and any conditions or requirements of the offer. Unless the Offer Materials state occurred otherwise, an introductory or promotional rate will remain in effect until the last day of the billing cycle in which the introductory or promotional rate expires. Any mtroductory (g) We n ay add a (No Fee) service charge to the Purchase balance of the Account if you call us to make a payment on your Account and are assisted by a Cardmember or promotional rate that applies to new or outstanding Account balances wdl increase Service Representative to make the payment. You will be provided with confirmation of to the standard rate that would otherwise apply, or, when appropriate under the terms the service charge before the payment transaction is authorized. of this Agreement, a Penalty Rate due to an Adjustment Event (as indicated above). (h) We will add a Stop Payment Check Fee of (no fee) to the Purchase balance of your 11. INTEREST CHARGE: Method of Computing Balance Subject to Interest Rate: Account if you request a stop payment on a Convenience Check. (See "Paying and Checks" section We calculate the periodic rate or interest portion of the INTEREST CHARGE by Stopping Payment on Convenience above for more details.) multiplying the applicable DPR by the ADB (including new transactions) of the IMPORTANT INFORMATION ABOUT USING YOUR ACCOUNT Purchase, Advance and Balance Transfer categories subject to interest, and then 15. BalanceShield or Insurance Charges: Your purchase of BalanceShield debt adding together the resulting interest from each category. We determine the ADB cancellation or credit life insurance and disability is optional. Whether or not you separately for the Purchases, Advances and Balance Transfer categories. To get the purchase BalanceShield or credit insurance will not affect your application for credit or ADB in each category, we add together the daily balances in those categories for the the terms of any existing credit agreement you have with us. If you elect to purchase billing cycle and divide the result by the number of days in the billing cycle. We BalanceShield or credit insurance and are eligible to participate, the monthly program determine the daily balances each day by taking the beginning balance of those fee or premium (at the rate disclosed to you) will be added to the Purchase balance as Account categories (including any billed but unpaid interest, fees, credit insurance and of the closing date of each billing cycle based upon the Account balance (including other charges), adding any new interest, fees, and charges, and subtracting any accrued INTEREST CHARGES). The terms of your BalanceShield coverage will be payments or credits applied against your Account balances that day. We add a summarized in the BalanceShield Debt Cancellation Program Agreement, which will be Purchase, Advance or Balance Transfer to the appropnate balances for those provided to you upon enrollment. For credit insurance, the terms of your insurance categories on the later of the transaction date or the first day of the statement period· coverage will be summarized in the Certificate of Insurance, which will be provided to Billed but unpaid interest on Purchases, Advances and Balance Transfers is added to you. These features are not offered for Secured Accounts. the appropriate balances for those categories each month on the statement date. Billed . but unpaid Advance Transaction Fees are added to the Advance balance of your 16. Credit Limit: There is no predetermined Credit Limit for your Account. Individual Account on the date they are charged to your Account. Any billed but unpaid fees on transactions are authorized based on factors such as Account history, credit record, Purchases, credit insurance charges, and other charges are added to the Purchase and payment resources. balance of the Account on the date they are charged to the Account. Billed but unpaid a. Revolve Limit: Your Revolve Limit (for Purchases, Advances and Balance Transfers) fees on Balance Transfers are added to the Balance Transfer balance of the Account is the total dollars available to you to carry over, less the minimum monthly payment on the date they are charged to the Account. In other words, billed and unpaid interest, from billing cycle to billing cycle as a revolving line of credit. Your initial Revolve Limit fees, and charges will be included in the ADB of your Account that accrues interest is shown on the Card Camer. We reserve the right to periodically re-evaluate your and will reduce the amount of credit available to you. To the extent credit insurance Account and increase or decrease your Revolve Limit. charges, overlimit fees, Annual Fees, and/or Travel Membership Fees may be applied b. Extraordinary Purchases: If you are planning an out-of-pattem transaction or large to your Account, such charges and/or fees are not included in the ADB calculation for ticket Purchase, you must inform us of the Purchase at least 2 business days pnor, Purchases until the first day of the billing cycle following the date the credit insurance and no more than 60 days pnor to the event via telephone. charges, overlimit fees, Annual Fees, and/or Travel Membership Fees (as applicable) 17. Payment: You must pay us in U.S. Dollars with checks or similar payment are charged to the Account. Prior statement balances subject to an interest-free period instruments drawn on a financial institution located in the United States. We will also that have been paid on or before the payment due date in the current billing cycle are accept payment in U.S. Dollars via the Internet or phone or previously established not included in the ADB calculation. There is a minimum INTEREST CHARGE Fee of automatic payment transaction. We may, at our option, choose to accept a payment $1.00 in any billing cycle in which an INTEREST CHARGE is due. As described drawn on a foreign financial institution. However, you will be charged and agree to pay above, this Agreement provides for the compounding of interest on your Account. any collection fees required in connection with such a transaction. The date you mail a 12. Paying Interest: You have a 24 to 30 day interest-free period for Purchases payment is different than the date we receive that payment. For purposes of this provided you have paid your previous balance in full by the Payment Due Date shown Agreement, the payment date is the day we receive your check or money order at the on your monthly Account statement. In order to avoid additional INTEREST CHARGES address specified on your monthly Account statement or the day we receive your on Purchases, you must pay your new balance in full by the Payment Due Date shown electronic or phone payment. All payments by check or money order accompanied by a on the front of your monthly Account statement. There is no interest-free period for payment coupon and received at the payment address designated in your billing transactions that post to the Account as Advances or Balance Transfers except as statement will be credited to your Account on the day of receipt if received at the provided in any Offer Materials. Those transactions are subject to interest from the designated address by 5:00 p.m. CT on any banking day. Mailed payments that do not date they post to the Account until the date they are paid in full. include the payment coupon and/or are mailed to a different address will be processed within 5 banking days of receipt and credited to your Account on the day of receipt. In 13. Advance Account Fees: You agree to pay the following Account fees and addition, if you mail your payment without a payment coupon or to an incorrect INTEREST CHARGES: address, it may result in a delayed credit to your Account, additional INTEREST FILED: SCHOHARIE COUNTY CLERK 04/26/2024 01:36 PM INDEX NO. 2024-211 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/26/2024 s Page 4 of 9 CHARGES, fees, and possible suspension of your Account. Internet and telephone If you use your Card at a merchant or an ATM that bears the Visa logo (and no PLUS payment options are available, and crediting times vary (but generally must be made System logo), the transaction will be processed through the Visa system and will be before 5:00 p.m CT to 8 p.m. CT depending on what day and how the payment is converted to U.S. Dollars according to the applicable rules established by Visa from made). If you are making an internet or telephone payment, please contact time to time. Currently, the currency conversion rate used by Visa to determine the Cardmember Service for times specific to your Account and your payment option. foreign currency transaction amount in U.S. Dollars is determined by multiplying the Banking days are all calendar days except Saturday, Sunday and federal holidays. amount of the foreign currency transaction times (a) a rate selected by Visa from the Payments due on a Saturday, Sunday or federal holiday and received on those days range of rates available in wholesale currency markets for the applicable central will be credited on the day of receipt. processing date, which rate may vary from the rate Visa itself receives, or (b) the 18. Minimum Payment: Each month, you must pay at least the Minimum Payment and government-mandated rate in effect for the applicable central processing date. If your foreign transaction is in foreign currency pnor to being processed by Visa, we will add any past due Minimum Payment(s) by the Payment Due Date shown on your monthly a Foreign Transaction Fee INTEREST CHARGE of 3.00% of the Purchase transaction Account statement. You may, at your option, pay more than the Minimum Payment or or 3.00% of the ATM transaction. If your foreign transaction is in or converted to U.S. pay the New Balance (as stated on your monthly Account statement) in full to reduce Dollars prior to being processed by Visa, we will add a Foreign Transaction Fee or avoid the INTEREST CHARGE for the Account Your Minimum Payment will be calculated as follows: first we determine the "Base INTEREST CHARGE of 3.00% of the Purchase transaction or 3.00% of the ATM Minimum Payment", which is the greater of $40.00 or 1.00% of your New Balance up to transaction. the Revolve Limit not including items (1) and (2) below, which, if not a whole dollar If you use your Card at an ATM that bears only the PLUS System logo (and no Visa amount, will be rounded to the next highest dollar. To the Base Minimum Payment, we logo), the transaction will be processed through the PLUS System and will be may add one or more of the following items, as incurred on your Account: (1) any late, converted into U.S. Dollars at the exchange rate established, from time to time, by the annual and/or any other Account related fee, (2) the INTEREST CHARGE, and (3) if operator of that ATM. To the converted transaction we will not add a Foreign your Account is over the Revolve Limit, some or all of the balance amount over your Transaction Fee INTEREST CHARGE, Revolve Limit. If the resulting Minimum Payment is greater than $40.00, the total, if not If you use your Card at an ATM that bears both the Visa and PLUS System logos, the a whole dollar amount, is then rounded to the next highest dollar. Any Minimum ATM operator will determine whether to send your transaction over the Visa or PLUS Payment or additional amount you pay each month will not prepay any future Minimum System network using such network's respective currency conversion rules then in Payments required, or change your obligation to make at least a Minimum Payment by effect (as explained above) the Payment Due Date. Any statement credit that results from a promotional offer or rewards redemption, if applicable, will only be applied to the Account balance and not YOUR LEGAL RESPONSIBILITY IN THIS AGREEMENT satisfy any portion of the Minimum Payment requirements for this Account. 25. Responsibility to Pay: You agree to pay us for all Purchases, Advances, Balance 19. Payment Application: If we cannot collect on your check or other payment item you Transfers, INTEREST CHARGES, Account Fees and charges, any other transaction send us to pay on your Account, we may post as an Advance transaction an amount charges as provided in this Agreement and, to the extent permitted under applicable equal to the credit previously given to you for such check or payment item and we may law, attorneys fees and collection costs we incur enforcing this Agreement against you. charge interest on this amount from the date your Account originally was credited for This is the case even if your Account is only used by one of you, or is used by the payment. After a payment has been made, we reserve the right to withhold someone authorized by only one of you. If there is more than one Cardmember, each available credit in the amount of the payment for 7 business days. Any credit available of you is responsible, together and separately, for the full amount owed on your before the payment is made will continue to be available for use during this time. Account. Your obligation to pay the Account balance continues even though an agreement, divorce decree, court judgment, or other document to which we are not a 20. Skip Payment Option: We may, at our option, occasionally offer you an opportunity to skip your obligation to make the Minimum Payment due. You may not skip party may direct another person to be responsible to pay the Account. payments unless we make this offer to you. If we offer you an opportunity to skip a 26. Intent to Repay: Every time you use your Account, you represent to us that you payment more than once in a 12 month period, you will not be permitted to skip intend to and have the ability to repay your Account obligations. We rely on this payments required in consecutive months. You cannot accept a skip payment offer if representation every time you use your Account. your Account is delinquent, or is in Default. When you take advantage of a skip 27. Settling a Disputed Balance; Payment in Full: If you want to settle a disagreement payment offer, the interest will continue to accrue on the entire unpaid balance of your with us about any amount you owe by sending a check on which you have written Account. Full" or "Payment in similar language, you must send us a written explanation of the 21. Change of Address: Your monthly Account statements and notices about your disagreement or dispute and any such check to Cardmember Service, P.O. Box 6335 Account will be sent to the address you provided in your application on your response Fargo, ND 58125-6335. (See Your Billing Rights section below for complete details.) to our Account solicitation To change your address, you must call us at This address is different than the address you use to make Account payments. Writing "Payment in Full" or similar language on the check will not be enough to resolve the 1-866-234-4691, (we accept relay calls; FAX 1-866-616-1750) or write to us at Cardmember Service, P.O. Box 6354, Fargo, ND 58125-6354. We must receive this dispute. If we collect a check or any payment instrument marked "Payment in Full" that information 21 days before the date a billing cycle closes to provide your monthly you sent to an address other than the one provided in this section (such as the address Account statement at your new address. If you have an address change within 45 days at which you normally make payments), we will not have waived our right to collect any of the expiration date of your Card(s), please contact Cardmember Service at remaining amount you owe us under the terms of your Account. 1-866-234-4691 (we accept relay calls; FAX 1-866-616-1750 with your new address. 28. Default: You and your Account will be in Default if: We may also update your address in our records without a request from you if we a) we do not receive the Minimum Payment by the Payment Due Date disclosed on the receive an address change notice from the U.S. Postal Service or if we receive monthly Account statement; updated address information from our mail services vendor- b) you violate any other provision of this Agreement; 22. Authorized Users: You agree not to allow access to your Card, Account number, c) you die without a surviving joint Cardmember; Convenience Checks, or personal identification number (PIN) to anyone else to use d) you become insolvent, assign any property to your creditors, or go into bankruptcy your Account, except by asking us to issue a card to grant Account access to another or receivership; person. If you allow access to your Card or Account information, you will be liable for e) you have made false statements on your Account application or in the maintenance any charges made by that person, unless and except as expressly required by of your Account; applicable law. You agree to be responsible for all Account transactions made by a f) we have any reason to believe that your Account is in danger of, or is being used for Cardmember, or anyone who you have authorized by (a) asking us to issue a Card to fraud; grant Account access to another person; (b) lending your Card to or allowing Account g) you are a married community property state resident and you or we receive a written access by another person; or (c) any other way in which you would be legally termination notice of this Agreement from y