Evolve Credit Line Account Agreement
There are two parts to this Credit Line Account Agreement (the “Agreement”): (1) Rates and Fees Table and (2) Credit Line Account Agreement. The Rates and Fees Table shows the rates and fees for your credit line account (the “Account”). The Agreement contains important information related to your credit line account originated and maintained by Evolve Bank & Trust. You are agreeing to obtain extensions of credit as described in this Agreement, and you agree to pay us back together with all applicable fees. Your use or activation of the Account and any transaction using the Account indicates your acceptance of the terms of this Agreement. If any fee in the Rates and Fee Table is marked “none,” the section of this Agreement that relates to that fee does not apply to your Account. The definitions that appear in part (2) of this Credit Line Account Agreement apply to the Rates and Fees Table.
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights are included in this Agreement. See Your Billing Rights section for details.
* Advance Fee: If you agree to allow us to make Preauthorized Electronic Fund Transfers for the payment of the amount due for the Billing Cycle, as reflected on each Statement, you are eligible for a discount on the Advance Fee for each Advance that you initiate during that Billing Cycle. Your agreement for Preauthorized Electronic Fund Transfers would cover Payments from your External Account. If you agree to the use of Preauthorized Electronic Fund Transfers for your Payments, you also agree that we are permitted to initiate each transfer prior to the end of the 14-day period after the date the Statement is provided to you.
Overall Credit Limit. The overall amount of credit that may be available to you during any Billing Cycle will be subject to a Credit Limit that we establish, acting in our sole discretion. As permitted by law, the overall Credit Limit may change, either by increasing or decreasing the amount, based on our assessment of various factors bearing on your Account. For example, depending on your history of timely Payments made in the Account, we may determine that you are eligible for an increase in the amount of the Credit Limit.
Limit on Amount of Each Advance. In addition to theLimit on Amount of Each Advance. In addition to the Credit Limit, your Account is subject to an Advance Limit. For each Advance you may request, the amount that you are eligible to obtain will be limited by our assessment, acting in our sole discretion, of various factors bearing on your Account. For example, the Advance Limit may be determined based on our assessment of the amount of your Earned Wages, as of the date of your request. The amount of an Advance that you are eligible to obtain also may be limited by prior Advances you obtain in that Billing Cycle, and the total amount also is subject to our assessment of your Earned Wages.
Limit on Number of Advances in a Billing Cycle. In each Billing Cycle, we may place a limit on the number of Advances that you would be permitted to obtain. However, there is no limit on the number of Advances that you may request in a Billing Cycle so long as you agree to allow us to make Preauthorized Electronic Fund Transfers, including from your External Account, to pay the amount due, as reflected on each Statement. Regardless of the number of Advances that you may request, the amount of one or more of those Advances must conform to the limits described above, including the overall Credit Limit.
Can You Change My Account Terms? Yes. We can change the terms of your Account as permitted by law. When required by law, we will send you a notice about a change in terms before doing so.
How Can I Avoid Paying Interest Charges? We do not impose interest charges based on an annual percentage rate (“APR”) of interest. However, you must pay the full amount due for each billing cycle, as reflected on the Statement (the amount described as the “New Balance”).
Minimum Payment: The minimum payment that will be due is the full amount due for that billing cycle, as reflected on each Statement, which is the amount described as the “New Balance.”
Military Lending Act Notice: Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account).If you are covered borrower under the Military Lending Act (i.e., an active duty member of the Armed Forces or a dependent of an active duty member), then you may not open this credit line account with us.
Evolve Credit Line Account Agreement
Thank you for opening a credit line account with Evolve Bank & Trust. This Agreement, and any future changes to it, is your contract with us and governs your credit line account.
We reserve the right to amend this Agreement at any time, by adding, deleting or changing provisions of this Agreement. We may amend this Agreement by closing your Account with us or by assigning your Account to another creditor. When required by applicable law, we will send you a notice about an amendment before the amendment becomes effective. If any amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to not use your credit line account credentials as a condition of your rejection. At any time, we may replace your credit line account credentials with substitute credentials for your credit line account.
This Agreement applies whether or not you use your credit line account with us or with the Bank, and this Agreement will continue to apply even after your Account is closed, as long as you have a balance or owe us or the Bank.
PLEASE CAREFULLY READ THIS AGREEMENT. THIS AGREEMENT IS SUBJECT TO MANDATORY ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTION AND JURY PROVISION.
All capitalized terms used in this Agreement and not otherwise defined have the meanings set forth below.
“Account” means your account designated and maintained by Bank in relation to the credit provided under or in connection with this Agreement. Account includes the account to which any credit transaction or charge by you may be posted.
“Account Information” means any element of information described in this Agreement in the section entitled “Account Information.”
“Advance” means an extension of credit in your Account, and includes any Credit Entry made via electronic fund transfer or other means to your External Account. When used in the plural, Advances means any and all extensions of credit in your Account, including when not made in the same Billing Cycle.
“Advance Fee” means a Fee that may be imposed on the Account based on your request for an Advance.
“Advance Limit” means the maximum amount of credit to be made available to you in response to each request that you make for an Advance, which limit may vary from time to time based on factors that we, in our sole discretion, may apply for your Account, such as the amount of your Earned Wages (as of the time of your request). The Advance Limit may be equal to or lower than the Credit Limit, and the Advance Limit may vary depending on certain factors, such as the time during the Billing Cycle.
“Affiliate” means with respect to a person, another person (whether a legal entity or an individual) who directly or indirectly controls, is controlled by, or is under common control with the person.
“Available Credit” means the amount of credit that could be made available in your Account that, subject to the Advance Limit, is computed by subtracting from the overall Credit Limit the sum of any Advances you obtain and any charges that may be imposed, and adding the amount of any payment(s) you make during a Billing Cycle.
“Billing Cycle” means the interval of dates between two consecutive Statements. The Billing Cycle is used, in part, to assist you and us in managing your Account. The closing date is the last day of the Billing Cycle, and the closing date is reflected in the Statement.
“Credentials” means the combination of two or more codes, such as an email address and password used in conjunction with a security code, that permit you to obtain access to your Account.
“Credit Entry” means the transfer of funds or receipt of funds, as the case may be, resulting in a credit to you from us in connection with this Agreement.
“Credit Limit” means the maximum amount of credit that we make available to you during a Billing Cycle. The Credit Limit may be equal to, or higher than, an Advance Limit, and in some cases, the Credit Limit may be lower than the Advance Limit.
“Debit Entry” means the transfer of funds or receipt of funds, as the case may be, resulting in a credit to us from you.
“Earned Wages” means the amount of funds that we, in our sole discretion, compute that you have earned (but that remain unpaid) from an employer during a Billing Cycle or other relevant period of time (e.g., a pay period).
“Electronic Fund Transfer” or “EFT” has the same meaning as in the Consumer Financial Protection Bureau’s Regulation E (12 C.F.R. part 1005).
“External Account” means the deposit or other asset account that you hold, such as a checking account with a bank, that you have linked with your Account so that you and we can initiate Credit Entries (for Advances) or Debit Entries (for Payments) in connection with your Account.
“Fee” means any type of charge imposed on your Account, other than a charge based on an annual percentage rate.
“Interest Charge” means any charge to your Account based on the application of an annual percentage rate.
“Internal Account” means the deposit account that you have with the Bank and that you have linked with your Account so that you and we can initiate Credit Entries (for Advances) or Debit Entries (for Payments) in connection with your Account.
“Payment” means your payment to us for any amount you owe us, made via EFT or other means, and includes your obligation to make a payment to us, as the case may be.
“Payment Due Date” means the latest date on which your full payment of the amount that you owe is due to be paid to us. The Payment Due Date is reflected on your Statement, and the Payment Due Date will not be fewer than 14 days after the date on which we provide the Statement.
“Preauthorized Electronic Fund Transfer” or “Preauthorized EFT” means an EFT that we are permitted to initiate (or our Servicer is permitted to initiate), pursuant to your authorization under this Agreement, for payments to recur at substantially regular intervals (e.g., on each Scheduled Repayment Date). For example, after each Billing Cycle, a Preauthorized EFT may be made seven (7) days after the Statement is delivered.
“Scheduled Repayment Date” means the date that we have scheduled for initiating the Preauthorized EFT so that you can make the full payment of the amount that you owe, which amount is computed as of the last day of the Billing Cycle. The Scheduled Repayment Date is scheduled to be prior than the Payment Due Date. The Scheduled Repayment Date will appear on your Statement.
“Servicer” means Rain Technologies Inc. or any Affiliate of Rain Technologies Inc.
“Statement” means the periodic statement we provide to you for your Account. Your Statement will include, among other information, all transactions in your Account during a Billing Cycle and information about your Payment.
“Stop Payment Fee” means the fee that we may impose on your Account if you instruct your bank that holds the External Account to stop any payment that you previously authorized us (or our Servicer) to make to pay the amount that you owe.
“Truth-in-Lending Disclosures” means any disclosures relating to your Account provided under the federal Truth in Lending Act and Regulation Z (12 C.F.R. part 1026), and includes disclosures for (i) your application, (ii) solicitations, (iii) Account-opening disclosures, and (iv) other disclosures provided as part of this Agreement, such as disclosures contained in any Statement or change-in-terms notice.
“We,” “us,” “our,” or “Bank” means Evolve Bank & Trust, and includes Bank’s agents, authorized representatives, successors, and assignees.
“You” and “your” mean each applicant or co-applicant for the Account, or, as the case may be, the person who is obligated for the Account established under this Agreement.
The following Account Documents govern your Account with us:
Please carefully read the Account Documents and keep them for future reference.
From time to time, we may provide you with new offers that we think may interest you. The terms of each offer may vary, and those terms may differ from the terms on your Account. Unless the terms of any offer expressly provide otherwise, this Agreement shall apply to your use of any offer in connection with your Account.
We need information about you to manage your Account, including:
Account Information also may include information that we collect, or our Servicer collects, from any consumer report about you.
Each time you use your Account, you acknowledge and agree that we or our Servicer is permitted to collect and to use any Account Information.
You must tell us when your Account Information changes, except if the Account Information is contained in a consumer report or otherwise obtained requesting that type of Account Information from you. We may ask you for additional documents and to verify any changes to the Account Information you have provided us.
We may, at any time, restrict your use of, or close, your Account if we cannot verify your Account Information, or if you do not provide all of the Account Information as requested.
At the time we open your Account and from time to time during the life of your Account, we will inform you of your Credit Limit. We may increase, decrease, or restrict your Credit Limit for any and all transactions, without prior notice to you, subject to applicable law. You are responsible for keeping track of your transactions, including the amounts of the Advances that you receive, during each Billing Cycle. You must keep your Account balance below the Credit Limit. Even though your Account is subject to an Advance Limit, as described below, at our sole discretion, we may honor one or more Advances above your Credit Limit, but if we do, these transactions will not increase your Credit Limit. You are responsible for paying for any transaction you make above your Credit Limit. If we change your Credit Limit (or any other term of your Account pursuant to this Agreement), you remain obligated for any Payments you owe us. Your Credit Limit may not be restored for up to ten (10) business days after we receive your Payment.
When you use your Account, we will inform you of your Advance Limit. You acknowledge and agree that, notwithstanding your Credit Limit for your Account, at any time during a Billing Cycle the Advance Limit constitutes the maximum amount of any extension of credit that we are obligated to consider granting at that time. You further acknowledge and agree that, notwithstanding your Credit Limit, we may, at our sole discretion: (1) determine the Advance Limit to be as low as zero; or (2) otherwise limit or restrict the Advance Limit without giving you prior notice of that limit or restriction.
Relationship Between Overall Credit Limit and the Advance Limit
As described above, we will inform you of your Credit Limit at the time that we open your Account, as well as from time to time during the lifespan of your Account. In addition to the overall Credit Limit, each time you use your Account, we will inform you of your Advance Limit. At any time during a Billing Cycle, the amount of any Advance that you may obtain will be up to the amount of the Advance Limit or the Credit Limit, whichever is lower. For example, if on the day that you use the Account we determine that the Credit Limit is $100 and the amount of your Earned Wages is $500, then the maximum amount of an Advance that you may obtain on that day will be $100, regardless of our assessment of your Earned Wages. Conversely, if we determine to increase the Credit Limit for your Account to $500 and on the first day of a Billing Cycle that you request an Advance we determine that the amount of your Earned Wages (as of that day) allows you to be eligible for an Advance of up to $100, then the maximum amount of any Advance on that day will be capped by the Advance Limit of $100, regardless of the higher Credit Limit. In addition, during any Billing Cycle, the Available Credit in your Account is computed by subtracting from the overall Credit Limit or the Advance Limit, whichever is lower, the sum of any Advances you obtain and any charges that may be imposed, and adding the amount of any payment(s) you make during the Billing Cycle.
Your Promise to Pay
By using your Account, you promise to pay us for any and all transactions that post to your Account as Advances or other types of Debit Entries, including any Fees. When you obtain an Advance or incur any Fee in a Billing Cycle, you must pay the full amount you owe for that Billing Cycle, as shown on the Statement for that Billing Cycle.
If you do not pay the full amount you owe for the prior Billing Cycle(s), including any Fees or charges that may apply, we may, at any time and at our discretion, restrict your use of, or close, your Account. This means that your failure to pay the full amount for the prior Billing Cycle(s) may limit or prevent you from conducting further transactions in your Account, other than to make payments.
If you agree to make your payments by authorizing us (or our Servicer) to use Preauthorized EFTs, you also agree that your payments may be initiated during the 14-day period after the date of delivery of the Statement for a Billing Cycle.
Range of Amounts of Preauthorized EFTs
If you agree to make your payments by authorizing us (or our Servicer) to use Preauthorized EFTs, the amount of the payment will vary for each Periodic Statement. The amount of the payment made via Preauthorized EFT usually will be in the range of between $15.00 to $250.00. You agree we will provide prior notice of the amount of the Preauthorized EFT only if the amount of that payment is outside of that range. You can check the Servicer’s mobile application at any time to view your transactions and view the balance of your Account.
Key Terms for Payment Dates
Using Your Account
Using Credentials or a PIN
When you establish your Account, you will create Credentials to obtain access to your Account. You may, from time to time, update your Credentials, subject to our approval (which approval will be communicated to you through our Servicer). We may require you to update your Credentials if we determine, in our sole discretion, to enhance the security controls that are designed to protect against unauthorized access to your Account. In addition to your Credentials, we may give you a personal identification number (“PIN”). For security reasons, you may have to provide the PIN before you use your access device for your Account. Keep your Credentials and your PIN secure. Do not write down your Credentials or your PIN, or give either your Credentials or your PIN to anyone. If you lose your Credentials, or you lose your access device, such as the smartphone or tablet you use to access your Account, or if you otherwise believe the confidentiality of your Credentials or your PIN has been compromised for any reason, you must immediately contact our Servicer at (424) 369-7246.
No Authorized Users
We will not issue additional Credentials to allow any other person to access the Account. You understand that only you are permitted to use the Account. If, however, any person you authorize initiates a transaction, such as by requesting an Advance, using the Account or if such person incurs a Fee in connection with the Account, you are responsible and liable for the transaction and any Fee(s) or charges incurred. If you permit another person to have access to the Account, this will be treated as if you authorized such use and you will be liable for all transactions, including any Advances, and Fees incurred by those persons. You are wholly responsible for the use of your Credentials according to the terms and conditions of this Agreement.
Statements by Electronic Methods
You agree to receive and to use electronic records in connection with the Account. Without limiting the scope of your agreement to the use of and receipt of electronic records for the Account, you agree to receive all materials for the Account, including Statements, and other communications via electronic methods. If you withdraw your consent to the receipt of and use of electronic records, we may, in our sole discretion, close your Account without notice or any payment to you due to your election to withdraw consent to the receipt of electronic records. At the end of each Billing Cycle, we will send you an electronic Statement, unless we are not required by law or the law prohibits us from doing so. Unless you make other arrangements with us, your Statement will be delivered to you electronically, as further described in the Evolve Bank & Trust Electronic Communication Consent. We will not send you Statement if: (1) we deem your Account uncollectable; (2) delinquency collection proceeds have been instituted; or (3) for any other reason permitted by applicable law.
You must inspect each Statement you receive and must immediately contact us about any error(s) or question(s) you have, as described in the “Billing Rights Summary” on your Statement and in this Agreement. If you do not notify us of an error, you agree that we may assume that all information on the Statement is correct. If we make a Credit Entry to your Account for all or part of a disputed transaction, you give us all of your rights against others regarding that transaction, and will also: (1) give us any information about the disputed transaction, if we ask; (2) not pursue any claim or reimbursement of the transaction amount from the merchant or any other person; and (3) help us get reimbursement from others.
Security and Lost or Stolen Credentials
You must take reasonable steps to prevent the unauthorized use of your Account. For security reasons, you must, upon the creation of the Account, create unique Credentials. You must notify us immediately and assist us in our investigation if your Credentials are compromised or if you believe someone is using your Account without your permission. You will not be responsible for transactions on your Account that we find are unauthorized. If we reimburse you for unauthorized transactions, you will help us investigate, pursue, and get reimbursement from the wrongdoer. Your help includes giving us documents in a form that we request. You should contact us by calling our Servicer at (424) 369-7246, Monday through Friday, other than on a federal holiday, 7AM to 8PM Eastern time.
Interest Charges and Fees
We impose Fees on your Account. Each Fee, or the amount of any Fee, depends on the nature of the transaction or other occurrence. For example, if you do not agree to allow us to make Preauthorized EFTs for your Payments, then we will impose the Advance Fee in an amount that is up to the maximum amount set forth in your Truth-in-Lending Disclosures. Conversely, if you agree to allow us to make Preauthorized EFTs for your Payments, then we will apply a discount to the Advance Fee for each Advance you obtain while your agreement to Preauthorized EFTs remains in effect. Each Fee applies to your Account only if your Truth-in-Lending Disclosures provide for that type of Fee. We may increase any type of Fee, or may impose interest charges based on one or more annual percentage rates (“APRs”), as described in the Amendments to Your Agreement section. If we elect, at our discretion, to waive any Fees, we reserve the right to reinstate the Fees or to impose new types of Fees, subject to notifying you in accordance with applicable law.
For each Advance that you obtain for a Credit Entry, we may impose an Advance Fee. You are eligible for a discount on the Advance Fee for each Advance that you initiate during a Billing Cycle in which you agree to allow us (or our Servicer) to make Preauthorized EFTs for Payments of all amounts due, as reflected on each Statement. We also may provide a discount on the Advance Fee if you use an Internal Account in conjunction with either Credit Entries or Payments (or both types of transactions) for your Account.
At our sole discretion, we may: (a) determine the amount of any discount on the amount(s) of the Advance Fee; (b) set a price table that reflects the amount(s) of the Advance Fee(s), including relevant terms and conditions for different levels of those amounts; or (c) waive the imposition of one or more Advance Fees.
If you revoke your agreement to allow us (or our Servicer) to make Preauthorized EFTs for Payments, we may rescind the discount(s) on the Advance Fee for any Advances you obtain in one or more Billing Cycles, and the amount of the Advance Fee, without the discount, we may apply to any Advance you request after the date on which you revoke your agreement to allow use to make Preauthorized EFTs for Payments.
Your Account is not subject to an annual Fee. If we amend the agreement to assess an annual Fee for the use of the Account and associated services, we will provide you with notice, in accordance with applicable law, regarding the amount of the Fee and any conditions that may apply.
Late Payment Fee
We may charge you a late payment Fee if we do not receive your Payment as instructed on your Statement by the due date. The late payment Fee will not exceed the amount permitted by law. Except as otherwise prohibited by applicable law, we may impose two or more late payment Fees on your Account if your payment is late after two (or more) of the Payment Due Dates reflected in prior Statements. If you do not pay the full amount you owe for the prior Billing Cycle(s), including any Fees or charges that may apply, we may impose the late payment Fee as early as the first day after the Payment Due Date on the most recent Statement. For example, if we provide a Statement to you that shows a Payment Due Date of January 15, and you do not pay the full amount that you owe by that date, then we may impose a late payment Fee as early as January 16. If we provide the next Statement on February 1, that Statement will reflect the total amount that you owe, including the late payment Fee, and the Payment Due Date may be February 17. If you do not pay the full amount that you owe by that date, then we may impose a second late payment Fee as early as February 18.
Returned Payment Fee
We may charge you a returned payment Fee each time your financial institution for your External Account rejects (for any reason) a Payment you make.
Stop Payment Fee
We may charge you a Stop Payment Fee each time you ask us to stop a one-time payment that you initiate to your Account or renew such a stop payment order, except for your direction to us to pause or revoke your Preauthorized EFTs. The Stop Payment Fee will be disclosed to you at the time you submit or renew a stop payment order. In addition, if you instruct your bank that holds the External Account to stop any payment that you previously authorized to be made to us (instead of contacting us and directing us to pause or revoke your Preauthorized EFTs), then we may impose a Stop Payment Fee on your Account.
Transactions Made in Foreign Currencies
We do not allow you to use your Account to make transactions in a foreign currency. All transactions are made in the United States and in U.S. dollars.
Your Payment must be for the full amount due for each Billing Cycle, as shown on your Statement. Your Statement will tell you: (1) the Payment due; (2) your new balance; (3) the Payment due date; and (4) an explanation of when the Payment must reach us for us to consider it received as of that date. Credit Entries to your Account will reduce your Account balance, but those Credit Entries will not change the amount of your Payment obligation for a Billing Cycle, unless the full amount due is paid to us.
Your Payment obligation remains for each Billing Cycle, even if you paid more than the full amount due on the previous Statement. If your Account is 90 days past due, is part of a bankruptcy proceeding or is otherwise charged off, the total balance is immediately due and payable.
Your payment must be made in U.S. dollars from a U.S. deposit account in a form acceptable to us. We do not accept cash payments through the mail or check payments. You may not make Payments with funds from your Account or any other credit account with us or any other company in the Bank organization. Unless you agree to allow us to make Preauthorized EFTs for your Payments, you must initiate a Credit Entry to us or send us your Payment, as instructed on your Statement, unless we tell you otherwise. We can accept late Payments, partial Payments or Payments marked “payment in full,” or any other restrictive endorsement, without losing any of our rights under this Agreement. We may refuse to accept Payments made to your Account by someone else on your behalf. If we do accept a Payment from another person, you will be responsible for the Payment and any cost if a financial institution rejects it.
Services are available that allow you to make faster or recurring Payments, such as ACH, online or by telephone. We will describe the terms for using these services and any applicable Fee before you use them, and you do not have to use these other services for Payments. We are not responsible if your financial institution rejects a Payment made using our payment services.
We may accept and process Payments without losing any of our rights. We may delay the availability of credit until we confirm that your payment has cleared. This may happen even if we credit your Payment to your Account. We may resubmit and collect returned payments electronically. If necessary, we may adjust your Account to correct errors, process returned and reversed payments, and handle similar issues.
We may reject and return any payment that creates or adds to a credit balance on your Account. Any credit balance we allow will not be made available until we confirm that your payment has cleared. We may without notice restrict the availability of any credit balance in our sole and absolute discretion. We may reduce the amount of any credit balance by any new charges. You may write to the address or call the number provided on your Statement to request a refund of any available credit balance.
You will be in default if:
If you are in default, we may take certain actions with respect to your Account, and we may take one or more of those actions without first notifying you, except if prior notice is required by applicable law. For example, depending on the nature of your default, we may take the following actions, without notifying you, unless the law requires us to notify you:
Unless we tell you otherwise, you can notify us by contacting us at:
Rain Technologies Inc.
209 10th Ave S
Nashville, TN 37203-0702
Or you can call (424) 369-7246. When writing, please include your name, address, home telephone number and Account number.
To the extent permitted by applicable law, you authorize us and our affiliates, agents, and contractors, and anyone to whom we may sell your Account, to contact you to service your Account or for collection purposes. You agree that these contacts are not unsolicited for purposes of state or federal law. You further agree that the Bank, the Bank’s affiliates, agents, or contractors and anyone to whom it may sell your Account, or our Servicer may: (1) contact you in any way, including mail, email, calls, and texts, including a mobile, wireless, or similar device, even if you are charged by your provider, and using automated telephone equipment or prerecorded messages; (2) contact you at any number that you have given us or any number have for you in our records, including your cellular or other wireless device, even if that number is a wireless, cellular, or mobile number, is converted to a mobile/wireless number, or connects to any type of mobile/wireless device, and even if such telephone number is currently listed on a Do Not Call Registry; and (3) contact you at any email address you provide to us or any other person or company that provides any services in connection with this Agreement. You authorize us, or our Servicer, to monitor and/or record your calls with us. You agree to notify us within five (5) business days after changing your email address, mailing address, or phone number.
We or our Servicer may obtain and use credit, income, or other information about you from one or more consumer reporting agencies, or other persons, except to the extent not permitted by applicable law. At any time during the period you hold your Account, we may reevaluate your financial condition and investigate any information you provided on your Account application or to our Servicer when servicing your Account. In the course of doing so, we may obtain a current consumer report, or ask you, for information about your financial condition. You acknowledge and agree that you consent to our action to obtain a consumer report from a consumer reporting agency, or to otherwise obtain any information about you relating to underwriting your Account, that we believe would facilitate our determination of your eligibility for the Account or for any particular Advance or for setting any Advance Limit.
We may report information about your Account to consumer reporting agencies or to others, except if not permitted by applicable law. Late payments, missed payments, or other defaults on your Account may be reflected in your consumer report. If you believe that we have reported inaccurate information about your Account to a credit bureau or other consumer reporting agency, notify us in writing at the address provided above. When you write, tell us the specific information that you believe is incorrect and why you believe it is incorrect.
Amendments to Your Agreement
At any time, we may add, delete or change any term of this Agreement, except if not permitted by applicable law. When required by applicable law, we will send you a notice about an amendment before the amendment becomes effective. If any amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to not use your credentials for the Account as a condition of your rejection. We may notify you of any change(s) to this Agreement by including the change(s) in your Statement or in a separate notice. Our notice will tell you when and how the change(s) will take effect.
The Law That Applies to Your Agreement
This Agreement is entered into between you and us in the State of Tennessee, and your Account and this Agreement, and any claim, dispute or controversy arising from or relating to your Account or this Agreement, whether based in contract, tort, fraud or otherwise and regardless of the place where you live, is governed by, and construed in accordance with, the laws of the State of Tennessee, without regard to Tennessee’s conflict of laws principles, and applicable federal laws and regulations. The legality, enforceability and interpretation of this Agreement and the amounts contracted for under this Agreement also are governed by Tennessee law and applicable provisions of federal law, and all amounts granted under this Agreement are extended from the State of Tennessee.
The Servicer services parts of your Account, including Account management through Servicer’s website, mobile application, and customer service. The Servicer also may perform services relating to any rewards offered in connection with your Account. In this capacity, Servicer may act on our behalf, perform our obligations, or enforce our rights under this Agreement. You acknowledge and agree that we may disclose to Servicer any information you provide to us in connection with your Account or any information we collect in connection with your Account in order for Servicer to provide you with products or services in connection with your Account.
We may delay enforcing or not enforce any of our rights under this Agreement without losing our right to enforce them in the future. For example, we may accept late Payments or payments that are marked “payment in full” or with other restrictive endorsements without losing any of our rights under this Agreement. We may waive our right without notifying you. For example, we may waive your interest charges (if any were to apply based on an APR) or Fees without notifying you and without losing our right to charge them in the future.
This Agreement will be binding on, and benefit, any of your and our successors and assigns. You may not sell, assign or transfer your Account or this Agreement to someone else without our written permission. We may sell, assign or transfer your Account, including any asset we hold due to an Advance made in your Account, as well as this Agreement and any right to repayment, and any sale, assignment, or transfer by use may be made without your permission and without prior notice to you. Any assignee or assignees will take our place under this Agreement. You must pay any assignee(s) and perform all of your obligations to the assignee(s) and not us. If you pay us after we notify you that we have transferred your Account or this Agreement, we can return the payment to you, forward the payment to the assignee, or handle it in another way that is reasonable.
Disclaimer of Liability
We are not responsible if anyone refuses to accept or honor your Account, even if you have sufficient available credit. Except as required by applicable law, we will not be responsible for any claim or defense you may have against any third-party that arises out of or in connection with any transaction with your Account or any services or goods or other property purchased or leased using your Account. We are not responsible for any losses you incur if we do not authorize a transaction. Except as not permitted under applicable law, neither Bank nor Servicer shall be liable for any consequential, indirect, exemplary, or punitive damages in connection with this Agreement or any of the services provided by our Servicer.
Subject to applicable law, we may terminate this Agreement or revoke your right to use your Account, along with your right to make future transactions, at any time and for any reason without notice to you. You may contact us using the number on the Statement to close your Account. If we close or suspend your Account for any reason, you must stop using your Account. You must also cancel all billing arrangements set up on the Account. You must still pay us all amounts you owe on the Account.
This Section sets forth the circumstances and procedures under which a Claim (as defined below) shall be arbitrated instead of litigated in court upon the election of either party.
(1) Definitions: As used in this Arbitration Section, the term “Claim” means any claim, dispute or controversy between you and Bank, Servicer or any of their agents or retailers, arising from or relating to this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Section or the Agreement. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Account; (ii) advertisements, promotions or oral or written statements related to the Account; (iii) the benefits and services related to the Account; and (iv) your enrollment for any Account. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court; any appeals from that court shall be pursued only in arbitration. As used in this Arbitration Section, the terms “we” and “us” shall for all purposes mean the Bank and Servicer, and their respective affiliates, licensees, predecessors, successors, and assigns, and all of their respective agents, employees, directors and representatives. As solely used in this Arbitration Section, the terms “you” or “your” shall mean all persons or entities that have access to or use an Account, including but not limited to all persons or entities contractually obligated under any of the Agreements.
(2) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Section and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.
(3) Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR SHALL NOT CONDUCT A CLASS ARBITRATION OR A JOINT ARBITRATION, EXCEPT AS SET FORTH BELOW. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE IN ARBITRATION.
(4) Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Account holders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
(5) Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
(6) Arbitration Procedures: This Arbitration Section is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Section shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.
(7) Survival: This Arbitration Section shall survive termination of your Account as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Section is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Section, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
USA PATRIOT Act
Important Information About Procedures for Opening a New Account
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
Your Billing Rights – Keep For Future Use
This notice tells you about your rights and our responsibilities under the Truth in Lending Act.
What To Do If You Find a Mistake on Your Statement: If you think there is an error on your statement, write to our Servicer:
Rain Technologies Inc.
209 10th Ave S
Nashville, TN 37203-0702
You may also call our Servicer at (424) 369-7246, Monday through Friday, other than on a federal holiday, 7AM to 8PM Eastern.
In your letter, please give us the following Account Information: (1) your name and Account number; (2) dollar amount, which should be the dollar amount of the suspected error; and (3) description of the problem. If you think there is an error on your statement, describe what you believe is incorrect and why you believe it is a mistake.
You must contact us or our Servicer within 60 days after the error appeared on your statement, and at least three (3) business days before an automated payment is scheduled, if you want to stop payment on the amount you think is incorrect.
You must notify us of any potential errors in writing, or you may call us, but if you call us we are not required by law to investigate any potential errors and you may have to pay the amount(s) in question if a determination is made that the transaction is not an error. If you believe fraud has occurred on your account, please contact our Servicer as soon as possible, at (424) 369-7246.
What Will Happen After We Receive Your Letter: When we receive your letter, within 30 days of receiving your letter, we will tell you that we received your letter. We will also tell you if we have already corrected the error. While we investigate whether or not there has been an error: (1) we cannot try to collect the amount in question or report you as delinquent on that amount; and (2) the charge in question may remain on your statement. But if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. (3) While you do not have to pay the amount in question until we send you a notice about the outcome of our investigation, you are responsible for the remainder of your balance. (4) We can apply any unpaid amount against your credit limit.
Within 90 days of receipt of your letter, we will send you a written notice explaining either that we corrected the error (to appear on your next Statement) or the reasons we believe the bill is correct. If we do not believe there was a mistake, you will have to pay the amount in question, along with applicable interest and fees. We will send you a Statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question, even if your bill is correct.
Evolve Bank & Trust Privacy Notice
You can learn about the privacy policies and practices that Evolve maintains by reviewing our Privacy Notice, available at:
All Accounts, including California and Utah Residents: As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
Wisconsin Residents: Your signature confirms that this loan obligation is being incurred in the interest of your marriage or family. No provision of any marital property agreement, unilateral statement or court decree adversely affects a creditor’s interest unless, prior to the time the credit is granted, the creditor is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision.
New York and Vermont Residents: We may obtain at any time your credit reports, for any legitimate purpose associated with the Account or the application or request for an Account, including but not limited to reviewing, modifying, renewing and collecting on your Account. On your request, you will be informed if such a report was ordered. If so, you will be given the name and address of the consumer reporting agency furnishing the report. New York residents may contact the New York State Department of Financial Services to obtain a comparative listing of credit card rates, fees and grace periods. New York State Department of Financial Services - (800) 342-3736 or https://www.dfs.ny.gov/.
New Jersey Residents: Because certain provisions of this Agreement are subject to applicable laws, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey.
Missouri, Nebraska and Washington Residents: Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt, including promises to extend or renew such debt, are not enforceable. To protect you (borrower) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it.
Massachusetts Residents: Massachusetts law prohibits discrimination based upon marital status or sexual orientation.
Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all credit-worthy customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with the law.