Credit Card Agreement and Disclosures

1. Definitions. In this Agreement the word “Card” means either one or more VISA credit cards and any duplicates, renewals or substitutions we issue. The words “you”, “your”, and “yours” mean all cardholders (borrowers and co-borrowers); anyone any cardholder permits to use the Card(s); as well as any authorized user for whom an additional Card(s) is issued to the extent of their purchases and cash advances, as well as transactions by anyone they permit to use the Card(s). The word “cardholder” means any applicant or co-applicant to whom a Card is issued by us. The words “Credit Union”, “we”, “us”, and “our” mean One Nevada Credit Union.

2. Pledge of Shares and Security Interest.

BY SIGNING AN APPLICATION, ACCEPTANCE OR AUTHORIZED USE OF ANY CREDIT CARDS, YOU GRANT AND PLEDGE A CONSENSUAL LIEN TO US ON ALL SHARES TO SECURE PAYMENT OF YOUR OBLIGATIONS ON THIS ACCOUNT. IN ADDITION, YOU ACKNOWLEDGE OUR STATUTORY LIEN RIGHTS UNDER NEVADA REVISED STATUTES; YOU AGREE THAT SUCH A LIEN IS IMPRESSED AS OF THE DATE THAT THIS ACCOUNT IS OPENED; AND YOU AGREE THAT WE CAN APPLY THE SHARES PLEDGED AT THE TIME OF ANY DEFAULT ON THIS ACCOUNT WITHOUT FURTHER NOTICE.

“Shares” for the purpose of your pledge to secure your obligations to the Credit Union means all deposits in any share savings, share draft, club, certificate, P.O.D., revocable trust or custodial account(s), whether jointly or individually held – regardless of contributions, that you have on deposit now or in the future. Your pledge does not include any IRA or Keogh, tax escrow, irrevocable trust or fiduciary account in which you do not have a vested ownership interest.

SECURITY AGREEMENT: “Non-Purchase-Money Security Interest” Payments on your account are secured by any security interest in any property securing your other obligations to the Credit Union, whether existing now or in the future, except your household goods and your primary residence. “Purchase-Money Security Interests” You hereby grant Credit Union security interest in all property purchased/acquired by you or any authorized user pursuant to the use of this Account, including a purchase-money security interest in any household goods purchased/acquired with an extension of credit upon this Account. These Purchase-Money Security Interests shall secure faithful performance of all obligations arising under this Agreement, and the Credit Union shall have all the rights of a secured party in accordance with Article Nine of the Uniform Commercial Code and/or other applicable law.

3. How to Use this Account. You must sign the Card in order to use it. You can purchase or lease goods and services (“Purchases”) from any merchant who honors your Card up to your maximum credit limit by presenting your Card and authorizing for the amount of the Purchase. You many also use the Card to obtain cash loans (“Cash Advances”) up to your maximum credit limit from financial institutions that accept the VISA credit card. You agree not to present your Card, obtain a Cash Advance for any extension of credit in excess of your available Credit Limit (the difference between your outstanding balance and your maximum credit limit) on your account. Certain purchases and cash advances require authorization prior to completion of the transaction. In some cases, you may be asked to provide identification. If our system is not working, we may not be able to authorize a transaction, even though you have sufficient credit available. Also, for security reasons, we may block the use of your Card in certain countries or geographic areas. We will have no liability to you or others if any of these events occur.

4. ATM Access. If you have received a personal identification number (PIN), you may use your Card and PIN to obtain Cash advances at any Automatic Teller Machine (“ATM”) that accepts your Card. Your PIN is confidential and should not be disclosed to anyone. You agree not to write your PIN on your Card, you will not keep your Card and PIN together, and you will not provide your PIN to anyone who is not an authorized user. Except as otherwise provided in this agreement, advances through ATM access will be treated as Cash Advances under this Agreement. Advances at authorized ATM’s are limited by card type. Contact One Nevada Credit Union for more information. The total of all cash advances on your Visa Account and any withdrawals from your other accounts through an ATM in any 24-hour period may be combined for the purpose of this limitation. Owners of ATMs that we do not own may charge fees in addition to any fees disclosed in this Agreement. This is not a fee charged by your Credit Union; however, any such fee will be added to your account. The party charging the fee is required to provide appropriate disclosures to you with regard to any such fees. Please see section 19 for additional Cash Advance fees.

5. Maximum Credit Limit. Your Maximum Credit Limit will appear on the folder in which you receive your Card and on your monthly statement. At our discretion, we may change your credit limit at any time and may provide separate limits for purchases and for cash advances. We will notify you if we do, either by mail or through your monthly billing statement. You may request a change to your credit limit by contacting the Credit Union by telephone or mail. Your continued use of the card will show your agreement to any such increase. If you object to an increase in your credit limit you must notify the Credit Union in writing. Upon receipt of such notice, your credit limit will be reduced to its prior limit; however, you will be responsible for paying any amounts by which you have exceeded the reduced limit. You agree to pay any amount you owe that exceeds your maximum credit balance upon demand. You agree we are not obligated to extend to you credit for any amount that would cause your outstanding balance to exceed your Maximum Credit Limit, or for any amount if your outstanding balance already exceeds your Maximum Credit Limit. Any increase in your Maximum Credit Limit requested by you will require you to make a written application for our approval. In assessing any increase to your credit limit under the provisions in this Section: (a) we may and you authorize us to review your credit history, including consumer credit reports; (b) you authorize us to have this review made by third parties to determine whether you meet the criteria we have set for such an increase; and (c) this process shall not be pre-screening under the Fair Credit Reporting Act or other applicable laws or regulations based on our existing relationship and this Agreement.

Credit balances in excess of $1.00 will be refunded to you by transferring the credit balance to a share account. You agree that the Maximum Credit Limit will at no time exceed the agreed upon amount, and that any credit balance will not be available or increase the Maximum Credit Limit available for new purchases or cash advances during any billing cycle.

Limits for ATM and Over-the-Counter Cash Advances can be determined by contacting the Credit Union’s VISA Department as set forth at the end of this Agreement.

6. General Terms Governing Your Payments. You will be jointly and severally liable and agree to pay the Credit Union for all charges (purchases, cash advances, finance charges, and other charges added to your Account under the terms of this or any other agreements with us) extended to you or anyone else using any Card issued for your account, unless the use of such Card is by a person other than you who does not have actual, implied or apparent authority for such use and from which you receive no benefit. Authority includes, but is not limited to, any authorized users permitting another person to use any Card(s). Further, all users are obligated to us for all charges they make, authorize or permit.

The Credit Union can accept late or partial payments as well as payments that are marked with “paid in full” or other restrictive endorsements, without losing any of our rights under this Agreement. You must pay the Credit Union in US dollars drawn on funds on deposit in the United States. If you make payment with other currencies or from an institution domiciled outside the United States, then your payment will not be credited until the funds have been collected by us in US dollars. The Credit Union will determine the method of applying payments and credits to your account. We may accept checks marked “Payment in Full” or with words of similar effect without losing any right to collect the full balance of your account.

You authorize us to honor any Purchase of Cash Advance you make by telephone or mail on this account. You agree that a signature is not necessary as identification in such cases. We reserve the right to refuse to honor any request for credit, to reduce your credit limit or terminate your account at any time using our sole discretion based on changes in the economy, the Credit Union’s financial condition, your creditworthiness or for any other reason not prohibited by law.

To protect you and us, the Credit Union, in its sole discretion, may place a temporary freeze on all or part of the credit available to you for new purchases or cash advances under this agreement any time the Credit Union receives a large payment ($1000.00 or more) by a method other than cash, certified funds or electronic transfer. In such cases, the Credit Union may freeze your credit line until payment is actually collected by us.

7. Minimum Payment Due. You can pay off your account balance in full each month or you can pay in monthly installments. If you do not pay your balance in full, you agree to pay at least a minimum payment of 3% of your New Balance (rounded to the nearest whole dollar) or $25.00 at the end of each statement period. If the New Balance shown on your periodic statement is $25.00 or less, you agree to pay this amount. Unless the Credit Union takes other action as a result of a default under this Agreement, the Minimum Payment Due will also include any amount that is past due and any amount by which your new balance exceeds your credit limit. Payments and credits will be applied first to pay billed but unpaid finance charges; annual fee (if applicable); late charges; and other fees or charges provided for herein; and next to unpaid cash advances, and then to your unpaid purchase balance. You must pay at least the minimum payment each month, but you may pay more than that amount at any time without a penalty. The sooner you pay your new balance, the less you will have to pay in finance charges. The “Payment Due Date” will be shown on your periodic statement.

Repayment of the Balance for Purchases: Repayment of the balance for purchases is at least 21 days from the close of the billing cycle or as required by law. See your statement for the billing cycle date.

8. 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 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 $1.00 or more, it will be refunded upon your written request.

9. Additional Charges for Transactions in a Foreign Currency and “Cross-Border” Transactions. Currency Conversion Fee: If you effect or authorize a transaction with your access device in a currency other than US Dollars, VISA will convert the charge into a US Dollar amount. The VISA currency conversion procedure includes the use of either a government mandated exchange rate, or a wholesale exchange rate, as applicable. The exchange rate VISA uses will be a rate in effect on the day the transaction is processed. This rate may differ from the rate in effect on the date of the purchase or the date the transaction was posted to your account. A Currency Conversion Fee of up to 2% will be applied to transactions that are converted from foreign currencies to US Dollars. Cross-Border Transaction Fee: In addition, VISA charges us a Cross-Border Assessment up to 2% on each transaction on all cross border transactions regardless of whether there is a currency conversion. For purposes of this Section, “cross-border transaction” shall include both (a) transactions initiated in a foreign country which are subsequently settled in the United States, and (b) transactions initiated in the United States but which are ultimately settled in a country outside of the United States. The Credit Union will assess these fees to you to reimburse it for the fee it is

28. Changing This Agreement. The Credit Union may change the terms of this Agreement, including the Annual Percentage Rate, at any time. Except where limited by applicable law, the new terms, including but not limited to, increasing the finance charge or the way the Credit Union calculates finance charges, late charges, and the minimum payment due, will apply both to new purchases and cash advances and to the existing outstanding balance of your account as of the day of the change. The Credit Union may amend existing terms, remove terms or add new terms and will notify you of any increased charge or change by writing to you at the most recent address shown for you on the Credit Union’s records. In some circumstances you may have the right to opt-out of the changes.

29. Delay in Enforcement/Waivers. The Credit Union may delay or waive enforcement of any of the provisions of this Agreement, including any agreement to make timely payments, without losing its right to enforce the same provision later or any other provisions of this Agreement. You waive the right to receive notice of any waiver or delay or presentment, demand, protest or dishonor. You also waive any applicable statute of limitations to the full extent permitted by law and any right you may otherwise have to require the Credit Union to proceed against any person before suing you to collect. You understand that the Credit Union will not be liable for a merchant’s or other parties’ refusal to honor your Card whether due to an error by the Credit Union, the merchant, the Credit Union’s authorized agent, or other third party.

30. Change of Name, Address or Employment. You will notify immediately the Credit Union in writing if your name, home address, or employment changes.

31. Additional Terms of VISA Agreement. To the extent not prohibited by applicable law, the terms, interpretation and enforcement of any claim or dispute arising under this Agreement, as well as all parties’ rights and duties, will be governed by Nevada law regardless of where you may reside or use your account. Further, this Agreement is the contract which governs all transactions on your Account even though sales, cash advances, credit or other transactions may contain different terms. You may not transfer or assign your account or Card to any other person. The Credit Union may assign or transfer this Account, your Account balance, or this Agreement to another person, who will have all our rights hereunder. This Agreement is binding on your heirs and legal representatives. If there are joint obligors or authorized users for this credit plan, each of you will have the right to use the Account to obtain loans pursuant to the terms hereof. Each of you will be liable for all obligations owing on the Account whether borrowed by you or otherwise and whether within or beyond the credit limit. Your liability will be joint and several. Either party has the right to cancel this Agreement. Further each of you are responsible for all amounts borrowed by any authorized user(s). Authorized users and other users may also be required to repay the amount owed for charges they make; however, you remain, at all times, primarily responsible for all amounts owed. All cards, billing statements and notices will be mailed or delivered to the address given on the application for either applicant unless you direct otherwise in writing. If any law or judicial ruling makes any part, provision, sentence or section of this Agreement unenforceable, the remainder will continue in full force and effect. You agree that your account will also be subject to all the rules and regulations of VISA USA, Inc. as applicable. If there is any conflict between this Agreement and the rules and regulations of VISA USA, Inc., the rules any regulations of VISA USA, Inc. will control.

Limitation of Lawsuits. You agree that any lawsuit based on a cause of action against us must be filed within one year from the date it arises, or you shall be barred from filing any lawsuit. This limitation includes tort, contract and all other causes of action for which you and we may lawfully contract to limit.

32. Insurance. If you elect insurance, as set forth in your application, then the charges will be added to your Account balance on each billing cycle, if your insurance application is approved. Credit insurance is voluntary and not required to obtain a credit card account with us. You have a right to terminate this insurance at anytime by notifying us in writing.

33. Automatic Payment Option. If you requested the Auto Payment Option in your Application, all Minimum Payments due will automatically be deducted from your designated account on your Payment Due Date. If your designated account does not contain sufficient funds, no automatic deduction will be made; we will bill you for the Minimum Payment Due; and your account may be charged a $25.00 insufficient funds fee, and you will be responsible for making the payment by some other means.

34. Illegal Transactions. You warrant and agree that your Credit Card, other access device or related account will not be used to make or facilitate any illegal transaction(s) as determined by applicable law; and that any such use, including any such authorized use, will constitute an event of default under this Agreement. Certain federal and/or state laws or Card Service Providers’ Rules may limit or prohibit certain transactions such as (but not limited to) those coded as possible gambling transactions. The Credit Union may decline to accept, process or pay for any transaction that we believe to be illegal or unenforceable (regarding your obligation to pay us or otherwise) under applicable law; or which is otherwise limited or prohibited, including but not limited to any transaction involving or relating to any gambling activity. Such prohibition or limits may affect some otherwise proper or allowable transactions such as charges incurred at a hotel-casino. You understand and agree that such limitations/prohibitions are not within the Credit Union’s control and that the Credit Union will not have any liability, responsibility or culpability whatsoever for any such use by you or any authorized user(s); or declining to accept, process, or pay any such transaction. You further agree to indemnify and hold the Credit Union harmless from any suits, liability, damages or adverse action of any kind that results directly or indirectly from any such use of your account and/or access devices.

35. CU Rewards. For details on CU Rewards Program benefits and rules, call or write One Nevada Credit Union (Member Services). Or write to Velera, P.O. Box 31112, Tampa, FL 33631-3112.

Points accumulated remain valid for redemption for a five-year period and will be reported on your monthly Visa statement. Points are not accrued on delinquent accounts.

The Credit Union reserves the right to cancel this program at any time by providing you with thirty (30) days’ written notice. The Credit Union also reserves the right and sole discretion to cancel individual participation in the program based on misuse of the program as determined by the Credit Union. Program benefits will only be awarded to members in good standing (loan payments current, balances within established limits, no overdrawn accounts.)

By using the credit card, you affirm that as a condition of receiving a credit card from One Nevada Credit Union, you agree to give us a security interest in all present or future shares held in One Nevada Credit Union with the exception of any shares held in an IRA or other deferred compensation accounts.

36. Convenience Checks. At our option, we may offer you Convenience Checks for this account. We are under no obligation to honor your convenience checks if: (1) by paying a convenience check, you would exceed your credit limit; (2) your card(s) or convenience checks have been reported lost or stolen; (3) your account has not been activated, has been cancelled or has expired. If a postdated convenience check is paid and, as a result, any other convenience check is returned unpaid, we are not responsible for any resulting loss or liability.

37. Share Secured Visa. In order to receive and maintain a Share Secured Visa Account, you agree to give us a specific pledge of shares which will equal your credit limit. In the event that you default on your Share Secured Visa Account, we may apply these shares toward the repayment of any amount owed on such an account. You may cancel your Share Secured Visa Account at any time by paying any amounts owed on such account (outstanding balance plus accumulated Finance Charges and all other fees and charges). To be certain that your entire balance and all advances are paid, any shares pledged may not be available to you for 30 days after you have cancelled, and any outstanding balance is paid in full.

38. Governing Law. This Agreement is governed by the Credit Union’s Bylaws, federal laws and regulations, the laws and regulations of the state of Nevada, and the state in which you reside, as applicable, and clearing house rules, as amended from time to time. Any disputes regarding this Agreement shall be subject to Binding Arbitration conducted in the county where the Credit Union is located except for equitable relief, which shall be in the jurisdiction of the courts in the county where the Credit Union is located, unless otherwise required by law. In the event a court holds any paragraph of this Agreement or any portion thereof to be invalid or unenforceable for any reason, the other paragraphs and portions of this Agreement shall be valid or enforceable and will continue in full force.

39. Arbitration and Waiver of Class Action. You and we agree that we shall attempt to informally settle any and all disputes arising out of, affecting, or relating to your accounts, or the products or services the credit union has provided, will provide or has offered to provide to you, and/or any aspect of your relationship with the credit union (hereafter referred to as the “Claims”). Attempts to informally settle the Claims shall include a written exchange of information describing the Claims, the basis for the Claims, and the relief sought, and then an in-person meeting (or a meeting by Zoom or similar electronic means) to discuss potential resolution of the Claims. If the Claims cannot be resolved informally, then you agree that any and all Claims that are threatened, made, filed or initiated after the Effective Date (defined below) of this Arbitration Provision, even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shall, at the election of either you or us, be resolved by binding arbitration administered by National Arbitration and Mediation (“NAM”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such Claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the NAM website free of charge at www.namadr.com; or, a copy of the Rules can be obtained at any credit union branch upon request. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This Arbitration Provision shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. This Arbitration Provision does not prevent you from submitting any issue relating to your accounts for review or consideration by a federal, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf.

This Arbitration Agreement shall not apply to: (1) actions that are initiated in or transferred to small claims court or a comparable court of limited monetary jurisdiction, so long as they are prosecuted individually; (2) actions initiated by or against “covered borrowers” under the Military Lending Act; (3) claims involving residential mortgage secured loans covered by Regulation Z; and (4) any other claims where arbitration is prohibited by law.

Selection of Arbitrator. The Claims shall be resolved by a single arbitrator. The arbitrator shall be selected in accordance with the Rules, and must have experience in the types of transactions at issue in the Claims. In the event of a conflict between the Rules and this Arbitration Provision, this Arbitration Provision, shall supersede the conflicting Rules only to the extent of the inconsistency. If NAM is unavailable to resolve the Claims, and if you and we do not agree on a substitute arbitration forum, then you can select the arbitration forum for the resolution of the Claims.

Effective Date. This Arbitration Provision is effective upon the day you opened your account or when it was provided to you in connection with the opening of your account, whichever is earlier.

Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the arbitration. The Arbitrator shall be entitled to award the same remedies that a court can award, including injunctive relief. The Arbitrator shall follow the law and shall not be entitled to make errors of law. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The Arbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed; provided, however, that either party may appeal to any Court with jurisdiction to the extent the arbitrator makes an error of law. One Nevada shall pay for any filing, administration, and arbitrator fees imposed on you by NAM (or the applicable arbitration forum), except if the action to recover on the Claims is initiated by you, in which case you shall be responsible for the first $200 of fees in accordance with the Rules. You will be responsible for your own attorneys’ fees. The Arbitrator shall be entitled to award attorneys’ fees and costs to the prevailing party in the arbitration if permitted by applicable law or the Rules. Nothing contained in this Arbitration Provision shall prevent either you or One Nevada from applying to any court of competent jurisdiction for emergency provisional relief, such as a temporary restraining order, a tem-