Effective as of August 1, 2026
Payment Information | |
Charges incurred through the use of the charge card are due by the Payment Due Date. | |
Fees | |
Annual Fees | $0 |
Transaction Fees ATM Transaction Fees Cash Advance Fees | $0 $0 VetraFi will not assess ATM or Cash Advance fees, however a Third Party ATM Fee may be assessed by the ATM owner. VetraFi will reimburse the first four of these fees of each month, up to $15, as monthly as a statement credit. Transactions in a foreign currency may be subject to additional currency conversion fees or other charges imposed by the merchant or card network |
Penalty Fees Late Payment Returned Payment | $0 $0 |
Service Fees Card Replacement Fee Cash Advance Fee Foreign Transaction Fee Returned Payment Fee | $0 for the first replacement card in a rolling 365 day period $15 per instance after the first replacement card in the same rolling 365 day period $0 $0; Transactions in a foreign currency may be subject to additional currency conversion fees or other charges imposed by the merchant or card network. $0 |
For Credit Card Tips from the Consumer Financial Protection Bureau | To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore |
How We Will Calculate Your Balance: This Card is structured as a secured charge card, which means the Balance must be paid in full each Billing Period. Upon authorization of a Card transaction, an amount equal to the authorized transaction amount will be reserved from the funds then available in your Secured Deposit Account. Reserved funds will remain in your Secured Deposit Account but will not be available to support additional spending while a corresponding Balance exists. Your Balance for each Billing Period consists of all Purchases and transactions posted to your Card Account associated with your Card during such Billing Period, less any payments and credits that we receive during such Billing Period. If there is still an outstanding Balance after the Payment Due Date, you agree that we may consider your Card Account to be in Default, and funds from your Secured Deposit Account (as defined below) may be applied to satisfy the outstanding difference.
Your Card Account is secured by a Secured Deposit Account that you are required to establish and maintain in order to have the Card Account. You may pay your Balance on your Card Account using the reserved funds from your Secured Deposit Account. If you fail to pay back the balance on the Card Account or otherwise fail to comply with the terms of this Agreement, you could lose all funds in your Secured Deposit Account. [You were provided the agreement governing your Secured Deposit Account (“Secured Deposit Account Agreement”) when you applied for the Card Account.] You agree that the terms of the Secured Deposit Account Agreement apply to your Secured Deposit Account. Please see the Secured Deposit Account Agreement for other important terms. If any term in the Secured Deposit Account Agreement conflict with this Agreement, then this Agreement will prevail.
Billing Rights: Information regarding your right to dispute transactions and how to exercise those rights is provided in Part 2 below.
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
If you think there is an error on your statement, write to us at:
First Bank of the Lake c/o VetraFi, Inc.
300 3rd Street #918
San Francisco, CA 94107
You may also contact the Program Manager through the App or Website or by e-mail at support@vetrafi.com.
To preserve your billing error rights described in this notice, your written notice of a billing error must be sent to one of the addresses set forth above.
In your communication, you must provide us with the following information:
You must contact us within sixty (60) days after we sent you the first statement on which the error appeared.
You must notify us of any potential errors in writing or electronically. You may call us to report a potential billing error, but we may require that you submit your dispute in writing. If you would like to stop a scheduled automatic payment for the amount you believe is in error, you may unenroll from automatic payments in the profile section of the app before the payment is processed.
When we receive your letter, we must do two things:
While we investigate whether or not there has been an error:
If you receive our explanation but still believe your bill is wrong, you must write to us within ten (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.
If you are dissatisfied with the goods or services that you have purchased with your Card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the Purchase.
To use this right, all of the following must be true:
If all of the criteria above are met and you are still dissatisfied with the Purchase, contact Program Manager by phone at +1 877 269 4195, or by email at support@vetrafi.com.
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.
We will continue to hold funds in your Secured Deposit Account while we investigate the error asserted, up to the total dollar amount that was charged potentially in error, until the investigation is complete to ensure your Card Account remains fully secured. When we complete our investigation, you will have access to the funds in your Secured Deposit Account in accordance with the Security Agreement set forth in this Agreement (the “Security Agreement”) and the Secured Deposit Account Agreement.
Please read through this VetraFi Secured Charge Card Agreement (“Agreement”), including the Important Information section, for eligibility, fee, and other important information. Please keep this Agreement for your records.
The Card Account is a secured charge card account. No periodic rate is used to compute a finance charge on your Card Account, and we do not permit you to carry a Balance from one Billing Period to the next. You must pay the Balance shown on each periodic statement in full by the Payment Due Date, except for amounts you are not required to pay while a billing-error investigation is pending or as otherwise provided by applicable law.
This is an Agreement between you and First Bank of the Lake, Member FDIC, 4558 Osage Beach Parkway, Suite 100, Osage Beach, MO 65065 for your secured Card Account that is the subject of this Agreement. By opening or using your Card Account, you agree to the terms of this Agreement. The entire Agreement includes this document, including any amendment or addendum thereto, the Security Agreement, and the application you submitted in connection with the Card Account. These documents replace any other agreement between you and us relating to your Card Account.
You also agree to be bound by other user agreements such as the E-SIGN Consent Agreement, First Bank of the Lake Privacy Policy (https://www.fblake.bank/privacy-policy/) , First Bank of the Lake’s US Consumer Privacy Notice (https://www.fblake.bank/privacy-notice/), VetraFi Terms of Service, and acknowledge receipt of the VetraFi Privacy Policy. In the event of any conflict or inconsistency between the terms of this Agreement and the terms of any other agreement between you and VetraFi (with the exception of the E-SIGN Consent Agreement), the terms of this Agreement shall control.
The Card and Card Account are offered and distributed by First Bank of the Lake (“Bank”) in partnership with VetraFi, Inc. (“VetraFi”), the program partner and financial technology company responsible for managing the Card and Card Account as the Bank’s service provider. “We,” “us,” and “our” means Bank and its successors, assigns, agents, or service providers.
We may change any term of this Agreement, including the limit, fees and charges, at our sole discretion. We will furnish you with notice before the effective date of a change to the terms of this Agreement, to the extent required by applicable law. If you have the right to reject a change, we will notify you and tell you how to reject.
“App” means the VetraFi mobile application.
“Available to Spend Amount” means the amount you may spend with your Card without exceeding your Spending Limit. Subject to the following provisions of this Agreement, your Available to Spend Amount will be equal to the amount of your Spending Limit, minus the sum of your Balance, any Pending Transactions, and any payments that have not yet cleared. Your Available to Spend Amount will change from time to time based on the amount of finally settled funds in your Secured Deposit Account, your use of the Card Account for Purchases, and as you make payments on your Card Account.
“Balance” means the total amount of transactions made on your Card Account during a Billing Period, minus any statement credits during such Billing Period.
“Billing Period” means the period of time reflected on a statement. This period may vary in length, but is approximately 30 days.
“Business Day” means every day except Saturday, Sunday and federal holidays. Any references to “days” found in this Agreement are calendar days unless indicated otherwise.
“Card” means the virtual or physical charge card associated with your Card Account. This includes all renewals and substitutions. It also means any other access device for your Card Account we give you that allows you to obtain credit, including any Card Account number.
“Card Account” means your secured charge card account with us that is governed by this Agreement.
“Cash Advance” means cash you obtain on your Card Account by using the Card at an Automated Teller Machine (“ATM”).
“Default” has the meaning set forth in the Default and Collections section below.
“Payment Due Date” means the date which will appear on each billing statement as the “Payment Due Date” for the Billing Period.
“Pending Transactions” has the meaning given in Section 2(G) of this Agreement.
“PIN” means the personal identification number associated with your Card that you create or that is assigned to you for use in connection with your Card Account.
“Program Manager” means VetraFi, Inc., a service provider to the Bank that performs certain program management functions in connection with your Card Account and Card, including providing customer service to you (directly or through its service providers) on the Bank’s behalf.
“Purchase” means your purchase of goods or services with the use of your Card or Card Account number (including, without limitation, purchases made in person, on the Internet, through mail order, or over the telephone). Tax payments made with your Card (including any fees charged by a taxing agency) are Purchases.
“Secured Deposit Account” means the checking account held with Bank that is pledged as security for your Card Account.
“Secured Deposit Account Agreement” means the agreement governing your Secured Deposit Account, as may be amended from time to time.
“Spending Limit” means the maximum amount of credit available on your Card Account at any time, determined by the amount of finally settled funds in your Secured Deposit Account that are pledged as collateral for the Card Account.
“Statement” means the billing statement provided to you at the end of each Billing Period as described in Section 5 of this Agreement.
“You” and “your” mean each individual person who is applying for the Card, accepting an offer of the Card, using the Card, or promising to pay the Balance.
“Website” means vetrafi.com.
Your Card may only be used for personal, household, or family purposes. Your Card may not be used for business or commercial purposes. Subject to your Available to Spend Amount, you may use your Card and your Card Account to make Purchases and obtain Cash Advances so long as you are not in Default of this Agreement. You may not use your Card Account for any illegal or fraudulent purpose, including in connection with unlawful domestic or international websites, to purchase illegal goods or services, or in any country or territory that is subject to economic sanctions administered and enforced by OFAC.
Your Card may not be used for (i) “postsecondary educational expenses” as defined in Regulation Z, (ii) any home purchase or refinance, (iii) the purpose of purchasing or carrying any securities, (iv) the purchase of or investment in cryptocurrency, (v) gambling except where permitted by law, or (vi) funding or engaging in any illegal activity.
Following the creation of your Card Account, you will receive at least one virtual card, only accessible through the Program Manager’s app. You will also receive a physical card. Your physical card may be used for online and other card-not-present transactions upon receipt. Before using the physical card for in-person (card-present) transactions, including ATM Cash Advances, you must set a PIN through the App. Authorized users are not permitted on your Card or Card Account. You may not allow anyone else to use your Card Account. If you do, you will be responsible for paying all charges resulting from their transactions.
You promise to pay us the amount of all credit you obtain through your use of the Card Account, which includes all Purchases and Cash Advances. You also promise to pay all charges, fees, and all other amounts charged to your Card Account.
For each billing statement, you must pay all of your outstanding Balance for the Billing Period that such billing statement covers, even if your Card Account has been suspended or we have canceled or suspended certain Card Account privileges.
Your Spending Limit will increase or decrease automatically and dollar-for-dollar, or as otherwise disclosed, when you add funds to or withdraw/release funds from the Secured Deposit Account. These adjustments are part of the agreed Card Account terms and result from changes in eligible collateral, including customer-initiated transfers, rather than a discretionary reduction of your Spending Limit by us.
If we approve a transaction that causes you to exceed your Spending Limit, we do not give up any rights under this Agreement. This will not affect your obligation to pay us the full amount of the Balance on your Card Account. For the avoidance of doubt, if we make such allowance, we are not required to permit you to exceed your Spending Limit with any future transactions.
You promise not to engage in any transactions that will cause you to exceed your Spending Limit. This means that you may spend only up to your Available to Spend Amount, which is equal to the amount of your Spending Limit, minus the sum of your Balance, any Pending Transactions, and any payments that have not yet cleared. Our general practice is to decline any transaction that would cause you to exceed your Spending Limit.
Payments on your Card Account and deposits and withdrawals in your Secured Deposit Account will change your Available to Spend Amount. Pending Purchases, merchant credits for returns, and authorization holds (“Pending Transactions”) will have an effect on your Available to Spend Amount. This section describes when and how your Purchases, Pending Transactions, Card Account payments, and changes to your Secured Deposit Account balance will affect your Available to Spend Amount. Crediting of payments for purposes of your scheduled payment obligations is described in Section 4(E). For purposes of your Available to Spend Amount, the following will apply:
Except as provided in this Agreement, for purposes of your access to funds in your Secured Deposit Account, at no time will you be able to access more than the Available to Spend Amount.
To prevent fraud, we may limit the number or dollar amount of any type of transaction you can make in any given period of time. We may also decline any particular charge on your Card Account or suspend your Card Account for any reason without prior notice.
When you open or activate your Card Account, you may create or be assigned a PIN. With your PIN, you may use the Card to obtain Cash Advances at ATMs where Mastercard is accepted.. All ATM transactions and cash-back transactions are treated as Cash Advances. Cash Advances are subject to your Available to Spend Amount and the transaction limits set forth in this Agreement. Cash Advance methods other than through an ATM may not be available.
The following cash advance limits apply to your Card Account at the time of account opening. We may change these limits from time to time at our sole discretion and will notify you of any changes to the extent required by applicable law. To determine the current limits that apply to you, please check the App or contact the Program Manager at support@vetrafi.com.
Transaction Type | Frequency and/or Dollar Limits |
Cash Advances (ATM) | No limit to the number of times per day. Up to $500 per day, or up to your Available to Spend Amount, whichever is less. |
Your use of the Card and Card Account is generally permitted in the United States and in international locations where we authorize transactions. We may restrict or prohibit use of the Card in certain countries or regions based on legal, sanctions, fraud, security, or other risk considerations, and these restrictions may change from time to time without notice. If you are deployed outside of the United States for military duty, you should activate "Deployment Mode" by contacting customer service. Deployment Mode is designed to support your deployment and may permit Card use in certain countries or regions where Card use is otherwise restricted, subject to applicable law and our policies. To the extent permitted under applicable law, we may, in our sole discretion, request additional information, including but not limited to documentation with respect to your deployment. To the extent permitted under applicable law, we may, in our sole discretion, request additional information, including but not limited to documentation with respect to your deployment. To the extent permitted under applicable law, we may, in our sole discretion, request additional information, including but not limited to documentation with respect to your deployment.
If you attempt to use your Card without activating Deployment Mode, card-present and ATM transactions may still be permitted, but such transactions may be subject to further limits as determined in our sole discretion.
If you make a Purchase in a foreign currency, after we convert the transaction to U.S. dollars using a rate we choose (“Conversion Rate”). We do not charge a foreign transaction fee on these transactions.
Each month, you must pay in full the Balance of the Card Account that is shown on your billing statement, and we must receive that payment on or before the Payment Due Date shown on the billing statement.
Your payment must be made in U.S. dollars. We do not accept cash payments through the mail.
If we do not receive full payment of the Balance by the Payment Due Date, you will not be charged a late payment fee; however, it will be considered late and you will be in Default.
You may pay your Balance by (i) enabling automatic payments from your Secured Deposit Account, or (ii) initiating a one-time payment from your Secured Deposit Account through the App. You may not use a line of credit or other credit product to pay your Balance. You may make a partial payment of your Balance by contacting us via in-app chat or via email at support@vetrafi.com.
Subject to applicable law, we will apply and allocate payments and any credits on your Card Account among your Balance and other charges in any order and manner determined by us in our sole discretion.
After a payment has been posted to your Card Account, we reserve the right to withhold available credit in the amount of the payment for up to seven (7) business days.
To ensure your payment is credited to your Card Account on the same business day it is received, we must receive your payment by 11:59 p.m. Eastern Time on such business day.
Each billing period while your Card Account is open, we will provide you with a billing statement showing the amount due (i.e., your Balance) and the Payment Due Date. Your billing statement will be delivered electronically, and we will notify you by email when it is available. We may discontinue sending billing statements to you if we deem your Card Account to be uncollectible or if we have sent your Card Account to an attorney or other third party for collection purposes.
Fee Type | Amount |
Late Payment Fee | $0 |
Foreign Transaction Fee | $0 |
Returned Payment Fee | $0 |
First Card Replacement Fee (365 day period) | $0 |
Additional Card Replacement Fee (365 day period) | $15 |
ATM Transaction Fees Cash Advance Fees | $0 $0 VetraFi will not assess ATM or Cash Advance Fees, however a Third Party ATM Fee may be assessed by the ATM owner. VetraFi will reimburse the first four of these fees of each month, up to $15, as monthly as a statement credit.Transactions in a foreign currency may be subject to additional currency conversion fees or other charges imposed by the merchant or card network. |
Upon proper notice, we may change these fees from time to time in our sole discretion. We may also charge you other fees in accordance with applicable law for services associated with your Card Account that you request.
If you use an ATM that is not part of a fee-free network, including for a Cash Advance or balance inquiry, you may be charged a fee by the ATM operator even if you do not complete a transaction. This ATM fee is a third-party fee assessed by the individual ATM operator only and is not assessed by us. Any such ATM operator fee will be charged to your Card Account.
Although ATM operators may charge fees for using their ATMs, we will reimburse eligible ATM operator fees charged to your Card Account, up to 4 reimbursements per calendar month and up to a total of $15. Reimbursements will be credited to your Card Account after the applicable transaction posts and are subject to the terms and conditions of your Account.. Reimbursements will be credited to your Card Account after the applicable transaction posts and are subject to the terms and conditions of your Account.
You authorize us to obtain a credit report on you for any legal purpose in connection with this Agreement, including any update, extension of credit, review, or collection in connection with your Card Account. We may also report information about your Card Account to credit bureaus. Late payments, missed payments, or other Defaults on your Card Account may be reflected in your credit report.
If you believe that we have inaccurate information about you, or that we have reported or may report inaccurate information about you to a credit bureau, you agree to notify us by contacting the Program Manager at support@vetrafi.com or writing to: VetraFi, Inc., 717 Market St #100, San Francisco, CA 94103. You must identify the specific information that you believe is inaccurate and describe why you believe it is incorrect.
YOU ARE HEREBY NOTIFIED THAT A NEGATIVE CREDIT REPORT REFLECTING YOUR CREDIT HISTORY WITH US MAY BE SUBMITTED TO A CREDIT-REPORTING AGENCY IF YOU FAIL TO FULFILL THE TERMS OF YOUR CREDIT OBLIGATIONS. LATE PAYMENTS, MISSED PAYMENTS, OR OTHER DEFAULTS ON YOUR CARD ACCOUNT MAY BE REFLECTED IN YOUR CREDIT REPORT.
When you applied for a Card Account, you gave us and the Program Manager information about yourself. You authorize the Program Manager to share and use the information in connection with this secured charge card program. By making a Purchase, you authorize us to share your personal information in order to verify your identity, make a credit decision, complete your transaction, service your Card Account, and for any other lawful purpose as set forth in the privacy policy for your Card Account.
You agree to notify us promptly if you move or if your contact information (including phone number, mailing address, or email address) changes.
When you applied for a Card Account from us, you expressly agreed to receive all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with this Card Account electronically. All Communications given to you by email or within the App or Website are deemed to have been duly given and effective upon transmission or upon posting, as applicable.
You agree that we may contact you for any lawful reason, including the collection of amounts owed to us. You authorize us to contact you at such addresses or numbers as you may provide from time to time, and we may use any means of communication, including regular mail, electronic mail, telephone, text message, push notifications, or other technology. You agree that we may use automatic dialing and announcing devices.
If you notice the loss or theft of your Card or a possible unauthorized use of your Card or Card Account, you should immediately freeze your Card using the App and should contact us immediately by emailing us at support@vetrafi.com or by calling us at +1 877 269 4195
You will not be liable for any unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before your notice to us. In any case, your liability for unauthorized use will not exceed $50. These limits apply only to unauthorized use as defined under applicable law and do not apply to transactions made by a person to whom you have given authority to use your Card or Card Account.
You may close your Card Account at any time. Closing your Card Account will also result in the closure of your Secured Deposit Account and your associated High-Yield Savings Account. To close your Card Account, you must contact the Program Manager by email or telephone to request closure of your Card Account and pay the full amount you owe.
We may suspend or close your Card Account, or suspend or cancel any feature on your Card Account, at any time and for any reason, even if you are not in Default. We may terminate further transactions on your Card Account without notice if you change your address to a jurisdiction in which we do not make credit available at that time. If your Card Account is closed, you must still pay the full amount you owe and this Agreement will remain in effect until you do.
Subject to the limitations of applicable state law and any right to notice and to cure under applicable state law, you will be deemed to be in default of your obligations under this Agreement if any of the following events occurs (each, a “Default”):
Upon the occurrence of an event of Default, we may exercise all remedies available to us under applicable law, including the right to demand that you immediately pay all amounts due under this Agreement. We reserve the right to report payment delinquencies of thirty (30) days or longer to one or more consumer reporting agencies. You agree to pay all costs of collecting any delinquent payments, including reasonable attorneys’ fees and costs, to the greatest extent permitted by applicable law.
You may not assign any of your obligations under this Agreement without our written permission. You agree that we may assign or transfer this Agreement or any of our rights to another person or entity without notice or consent from you.
If, at any time when you are in Default, we do not require you to pay your Balance immediately in full, we will still have the right to do so if you are in Default at a later date. Neither our failure to exercise any of our rights, nor our delay in enforcing or exercising any of our rights, will waive those rights.
Subject to applicable law, unless you are a “covered borrower” as defined under 32 C.F.R. § 232.3(g)(1) of the Military Lending Act, you waive presentment, notice of dishonor, protest, and all other demands and notices in connection with the delivery, acceptance, performance, or enforcement of this Agreement.
We may terminate or suspend your Card Account or this Agreement at any time for any reason without prior notice, subject to the limitations of applicable law. After termination, you will not be able to make new Purchases, but you must still pay any remaining Balance on your Card Account in full.
This is the Security Agreement for your Card Account. Your Secured Deposit Account will serve as security for your Card Account. You may add funds to the Secured Deposit Account in order to increase your Spending Limit. You may withdraw funds from the Secured Deposit Account up to the Available to Spend Amount. If your Card Account is paid to a $0 Balance, you may then withdraw the entire amount of funds in the Secured Deposit Account. You will not permit any third party to have a security interest or other lien on the Secured Deposit Account or any part of the funds, nor will you permit any third party to establish control over the Secured Deposit Account.
We will not pay interest on funds in the Secured Deposit Account. Please review your Secured Deposit Account Agreement for more information.
As a condition to opening a Card Account, you hereby grant us a first-priority security interest in any and all funds now or subsequently deposited into your Secured Deposit Account and any additions, renewals, and proceeds thereof (collectively, the “Collateral”) to secure your performance of your obligations to us incurred in connection with your Card Account and this Agreement (the “Obligations”). You pledge and assign as security to us all of your right, title and interest in the Collateral. You must take any action we request to perfect or protect our first-lien security interest in the Collateral.
If you are in Default under this Agreement or your Card Account is closed for any reason, we may apply the Collateral towards any outstanding Balance and we may do so without any additional notice to you or any demand for payment from you. To the extent permitted by law, you waive any right to require the Bank to: (i) proceed against you or any other person; (ii) proceed against or exhaust any security you have provided to us through other agreements; or (iii) pursue any other remedy available to us. You will continue to be responsible for any outstanding Balance. Our rights under this provision are in addition to any others we have under this Agreement or applicable law. You are still responsible for the repayment of any Balance that is not satisfied by the application of the Collateral to the Balance on your Card Account. You are responsible for the repayment of any Obligation that is not satisfied by the application of the Collateral.
You represent that (a) there are no current lawsuits or bankruptcy proceedings that might affect our interest in the Collateral; and (b) you have not and will not attempt to transfer any interest in the Collateral to any other person or offer the Collateral as security for any other obligation. If any other person seeks to attach the Collateral, you agree that we may deem the Balance of the Card Account immediately payable and apply the Collateral as payment of the Obligations. If we must hire an attorney to defend or enforce our rights under this Security Agreement, you will pay our reasonable attorneys’ fees and court costs, unless the law does not allow us to collect these amounts.
Upon authorization of a transaction, an amount equal to the transaction amount will be reserved from the funds available at such time in your Secured Deposit Account.
Secured Deposit Account funds will remain reserved so long as a Balance exists. During such reservation, the reserved funds will remain in the Secured Deposit Account, but they will not be available for use. If you enable automatic payments, reserved funds will be used to repay your outstanding Balance for each Billing Period.
Please review the Secured Deposit Account Agreement for more information.
You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this Agreement, the laws of the State of Missouri, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Bank (or Program Manager) related to your Card Account, regardless of your location. Disputes not involving this Card Account are not governed by this agreement.
You agree that we are located in the State of Missouri and disburse funds from the State of Missouri. Further, this Agreement is made in Missouri and credit is extended to you from Missouri, regardless of where you live or use your Card Account.
Unless otherwise required by applicable law, we are not responsible and will not incur liability to you for any failure, error, malfunction or any delay in carrying out obligations under this Agreement if such failure, error or delay results from causes that are beyond our reasonable control (including, but not limited to, inclement weather, epidemics, pandemics, fire, flood, acts of war or terrorism, and earthquakes).
The application and disclosures that have been provided to you are incorporated into this Agreement by reference. This Agreement, along with such incorporated material, represents the entire agreement between Bank and you.
No provision of this Agreement may be modified or limited except by a written agreement signed by both you and us. If any provision of this Agreement is held to be unenforceable or invalid, such unenforceability or invalidity will not affect the enforceability or validity of any other provision of this Agreement.
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 dependents may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: 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). To hear disclosures related to the Military Lending Act, please call this toll-free number: +1-877-269-4195.
If you are a “covered borrower,” as defined under the Military Lending Act, 10 U.S.C. § 987, as amended, (i) any waiver of right to legal recourse under any state or federal law and (ii) any other provision in this Agreement that is not enforceable against you under the Military Lending Act does not apply to you so long as you are a “covered borrower.”
Maryland Residents: You have the right under Section 12-510 of the Commercial Law Code to receive an answer to your written inquiry regarding the status of your Card Account.
Massachusetts Residents: Massachusetts law prohibits discrimination based upon, among other things, gender identity or sexual orientation.
Missouri 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.
Nebraska Residents: Do not sign this paper before you read it. You are entitled to a copy of this paper.
New Hampshire Residents: This Agreement provides for reasonable attorneys’ fees to be awarded to us in an action against you involving this Agreement. Reasonable attorneys’ fees will be awarded to you if you prevail in any action, suit or proceeding brought by us, or in an action brought by you.
New Jersey Residents: Because certain provisions of this Agreement are subject to applicable law, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey.
New York, Rhode Island and Vermont Residents: We may obtain a consumer credit report for any legitimate purpose in connection with your Card Account or your application, including but not limited to reviewing, modifying, renewing and collecting on your Card Account. Upon your request, we will inform you of the names and addresses of any credit reporting agencies that have furnished the reports.
Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
Utah Residents: This written agreement is a final expression of the agreement between you and us and the written agreement may not be contradicted by evidence of any alleged oral agreement.
Washington Residents: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW.
Married Wisconsin Residents: If you are married, by submitting your application for a Card Account you are confirming that this obligation is being incurred in the interest of your marriage and your family. No provision of a marital property agreement, unilateral statement under Section 766.59 of the Wisconsin Statutes, or court order under Section 766.70 of the Wisconsin Statutes adversely affects the interest of the creditor unless the creditor, prior to the time the credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred. If the Card Account for which you are applying is granted, you will notify the Bank if you have a spouse who needs to receive notification that credit has been extended to you.
MILITARY LENDING ACT: Arbitration does not apply to you if you are covered by the Military Lending Act nor do any provisions that waive any right to legal recourse under any state or federal law to the extent those waivers are prohibited by the Military Lending Act.
PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE AGREEMENT OTHERWISE PROVIDES, THIS AGREEMENT REQUIRES ALL DISPUTES BE RESOLVED BY WAY OF BINDING ARBITRATION AND YOU AND WE WAIVE OUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION.
Agreement to Binding Arbitration.
Bank, Program Manager, and you agree to arbitrate all past, present or future disputes and claims between you, on the one hand, and Bank and/or Program Manager, on the other hand, arising out of or relating to (1) the Agreement, your Card Account, and any aspect of any relationship between you and Bank and/or Program Manager that is governed by this Agreement, including, without limitation, use of any application or website maintained or operated by Bank, Program Manager, or any of their service providers; or (2) the breach, enforcement, interpretation, application, or validity of the Agreement or the Arbitration Agreement, and such dispute or claims will be resolved exclusively by final and binding arbitration, except as otherwise set forth in this Agreement. Claims subject to this Arbitration Agreement include, without limitation: (1) claims that pre-date this Agreement (such as claims relating to advertising or use of any application or website maintained or operated by Bank, Program Manager, or any of their service providers) or that arise after termination of this Agreement; (2) initial claims, counterclaims, cross-claims and third-party claims; (3) disputes based upon contract, negligence, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity; (4) data breach or privacy claims arising from or relating directly or indirectly to our disclosure of any non-public personal information about you; (5) disputes arising from or related to any transactions in connection with your Card Account; (6) disputes arising from or related to any advice, recommendations, solicitations, communications, disclosures, promotions or advertisements concerning your Card Account; (7) disputes concerning any fees or charges relating to your Card Account or this Agreement, any products or services relating to your Card Account, and communication methods and practices that are used to service your Card Account. Solely for purposes of this Arbitration Agreement, the terms “Bank” and “Program Manager” include each of their subsidiaries, affiliates, successors and assigns, and any of their employees, officers, directors and agents. This Arbitration Agreement is also intended to benefit any other third party (including, without limitation, any service provider) that you name along with Bank and/or Program Manager as defendants in a single proceeding, and such third party shall have the same right to enforce this Arbitration Agreement as Bank and Program Manager.
Notwithstanding the foregoing, in lieu of arbitration, either you, Bank, or Program Manager can bring an individual claim in small claims court (or an equivalent court) consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim. (However, if the dispute is transferred, removed, or appealed from small claims court to a different court, Bank or Program Manager can compel arbitration). After an arbitration is filed, either you, Bank, or Program Manager can send a written notice to the other party and the American Arbitration Association (“AAA”) that you, Bank, or Program Manager want the case decided by a small claims court.
YOU, ON THE ONE HAND, AND BANK AND PROGRAM MANAGER, ON THE OTHER HAND, ACKNOWLEDGE AND AGREE THAT IN ARBITRATION EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR SEEK RELIEF ON A CLASS OR OTHER REPRESENTATIVE BASIS. IN ADDITION, UNLESS ALL PARTIES OTHERWISE AGREE IN WRITING, CLAIMS BROUGHT BY OR AGAINST YOU, BANK OR PROGRAM MANAGER MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON.
Except as set forth in the procedures in subsection (d) below, you, Bank, and Program Manager may not be plaintiffs or class members in any purported class, private attorney general or representative proceeding, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
EXCEPT AS THIS AGREEMENT OTHERWISE PROVIDES, BANK, PROGRAM MANAGER, AND YOU AGREE THAT IN THE EVENT THAT MASS ARBITRATION IS ATTEMPTED OR SOUGHT, SUCH ARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE FOLLOWING RULES. (1) For purposes of this Agreement, “Mass Arbitration” means 25 or more arbitration demands that: (i) are filed within 180 days of each other, (ii) allege similar or identical claims or causes of action, and (iii) either (a) the parties to those arbitration demands seek to simultaneously or collectively administer and/or arbitrate together, or (b) are filed by the same counsel or in coordination with each other. (2) In the event that Mass Arbitration is attempted or sought involving 250 arbitration demands or less, Bank, Program Manager, and you agree the arbitration provider shall: (i) group the arbitration demands into batches of no less than 25 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. In the event that Mass Arbitration is attempted or sought involving over 250 arbitration demands, Bank, Program Manager, and you agree that the arbitration provider shall: (i) group the arbitration demands into batches of no less than 250 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. All Mass Arbitration shall be subject to all other substantive and procedural terms contained within this Agreement. (3) Bank, Program Manager, and you agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for Mass Arbitration with regard to resolution, fees, and administration. (4) If any part of this paragraph (d) is found to be unenforceable, the unenforceable portion shall be stricken, and the remainder of this paragraph (d) and this agreement shall be enforced to the maximum extent permitted by law. (5) If the arbitration provider is unwilling or unable to follow the procedures set forth in this paragraph (d) with regard to Mass Arbitration, the parties may attempt to retain a different, mutually agreeable, and widely-recognized arbitration organization that will agree to follow the procedures set forth in this paragraph (d). In the event that the parties are unable to retain or agree to such an alternative arbitration provider, the alternative dispute resolution provisions set forth in this Agreement shall not apply to those demands within the Mass Arbitration.
The Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (FAA), will govern the interpretation and enforcement of this section. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the law of Missouri.
The arbitration will be conducted under the then current Consumer Arbitration Rules (“AAA Rules”) of the AAA, including the Supplementary Rules for Multiple Case Filings, as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If the AAA cannot or will not serve and the parties are unable to select an administrator by mutual consent, the administrator will be selected by a court having jurisdiction, provided that no arbitration may be administered by any administrator that has in place a formal or informal policy that is inconsistent with the Class Action Waiver. The arbitrator must be a retired or former judge or a lawyer with at least 10 years of experience practicing law. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute about the interpretation, validity, applicability, or enforceability of this Arbitration Agreement.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Bank that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against Bank for you.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION PROVISION, YOU MAY DECLINE THE ARBITRATION PROVISION BY SENDING WITHIN 60 DAYS OF ACCOUNT OPENING A NOTICE IN WRITING TO GENERAL COUNSEL, VetraFi, Inc. 717 Market St #100 San Francisco, CA 94103. Your decision to opt out will not affect any other provision of this Agreement. If the Agreement, including any Arbitration Agreement, has already been delivered or otherwise made available to you, amendments to the Agreement will not give you a new right to opt out of the Arbitration Agreement, unless Bank amends a substantive clause of the Arbitration Provision. If you opted out of previous versions of this Arbitration Agreement, that opt out remains in effect.
A party who intends to seek arbitration (the “Claimant”) shall give the other party (the “Potential Defendant”) written notice of the claim (a “Claim Notice”) and a reasonable opportunity to resolve the claim. The Claim Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from Bank and/or Program Manager. It must also provide your name and account number, as well as your address and email address and a phone number where you can be reached during normal business hours. The Claim Notice must be sent by U.S. Mail. Any Claim Notice to you shall be sent in writing to the current address we have for you in our records. If there are multiple parties on the account, we may send the Claim Notice to any of you. The Notice to Bank should be addressed to: First Bank of the Lake 4558 Osage Beach Parkway, Suite 100 Osage Beach, MO 65065, ATTN: Law Department. Notice to Program Manager should be addressed to: VetraFi, Inc. 717 Market St #100 San Francisco, CA 94103. (“Notice Addresses”). You may only submit a Claim Notice on your own behalf and not on behalf of any other party. No third party, other than a lawyer you have personally retained, may submit a Claim Notice on your behalf.
The Potential Defendant shall have at least 30 days after receiving the Claim Notice to attempt to resolve the claim except for claims requiring some form of expedited injunctive relief in a shorter period. The Claimant must reasonably cooperate in providing any information about the claim that the Potential Defendant reasonably requests. Further the Claimant, on request, shall meet with the Potential Defendant (or an authorized representative thereof) either in person or by video or telephone conference to discuss possible compromise or other resolution of the claim. Any such meeting that you attend in person must take place in a venue reasonably convenient to you. The Claimant and the Potential Defendant may have a lawyer or other representative present for such meeting. Rule 408 of the Federal Rules of Civil Procedure shall govern the admissibility of all statements, conduct or other discussions between the Claimant and the Potential Defendant regarding the possible compromise or resolution of the Claim. On request, we will pay any reasonable, out-of-pocket expenses you incur in attending or participating in any such meeting.
ANY STATUTE OF LIMITATIONS APPLICABLE TO THE CLAIM DESCRIBED IN THE CLAIM NOTICE SHALL BE TOLLED DURING THE PERIOD BETWEEN THE DATE THAT THE CLAIM NOTICE IS MAILED AND THE LATER OF: (1) 60 DAYS AFTER THE CLAIM NOTICE IS RECEIVED, OR (2) 30 DAYS AFTER EITHER CLAIMANT OR POTENTIAL DEFENDANT INFORMS THE OTHER THAT GOOD FAITH EFFORTS TO RESOLVE THE CLAIM INFORMALLY HAVE CEASED (THE “TOLLING PERIOD”). UNLESS PROHIBITED BY APPLICABLE LAW, (1) AN ARBITRATION PROCEEDING MAY NOT BE COMMENCED UNLESS THE CLAIMANT HAS COMPLIED WITH THIS NOTICE AND CURE PROVISION, (2) THE COURT WILL HAVE AUTHORITY TO ENFORCE THIS NOTICE AND CURE PROVISION, INCLUDING THE POWER TO DISMISS OR STAY THE FILING OR PROSECUTION OF AN ARBITRATION UNLESS THE CLAIMANT HAS COMPLIED WITH THIS NOTICE AND CURE PROVISION, AND (3) THE ARBITRATION ADMINISTRATOR IS WITHOUT AUTHORITY TO ACCEPT OR ADMINISTER ANY ARBITRATION PROCEEDING PRIOR TO THE TERMINATION OF THE TOLLING PERIOD UNLESS THE CLAIMANT HAS COMPLIED WITH THIS NOTICE AND CURE PROVISION. ANY SUBSEQUENT ARBITRATION SHALL BE GOVERNED BY THE TERMS OF THIS ARBITRATION AGREEMENT.
A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party/parties. You may send such copy to Bank and Program Manager to the Notice Address(es). Bank and Program Manager will send such copy to the current billing address on your Card Account or to your attorney, if you have retained one.
Payment of all filing, administration and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules or rules of the other administrator. However, for any arbitrated claim of yours for an amount less than $25,000: (a) Bank and/or Program Manager (depending on whether one or both parties are involved) will pay or reimburse your share of the Arbitration Fees if you make a written request for us to pay such fees that is on your behalf individually and not on behalf of any other person, if you attempted in good faith but were unable to obtain a waiver of fees from the AAA or other administrator, and if your request is reasonable, If the arbitrator determines that any party’s claim or defense is frivolous or wrongfully intended to oppress or harass the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party if such sanctions could be imposed under Rule 11 of the Federal Rules of Civil Procedure. The parties shall bear the fees and expenses of their own attorneys, experts and witnesses unless otherwise required by applicable law, this Agreement or the administrator’s rules.
If your claim is for $10,000 or less, we agree that you may choose whether the final arbitration hearing will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing in the county of your residence, or as otherwise mutually agreed by the parties. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
The arbitrator must apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law. The arbitrator may award any remedy provided by the substantive law that would apply if an individual court action were pending in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). Any finding, award or judgment from an arbitration of any claim shall apply only to that arbitration. No finding, award or judgment from any other arbitration shall impact the arbitration of any claim. The arbitrator’s award shall be written, and final and binding on the parties, except to the extent that the FAA permits court review of the award, and may be entered as a judgment in any court of competent jurisdiction.
In the event of any conflict or inconsistency between this Arbitration Agreement on the one hand, and the administrator’s rules or the other provisions of this Agreement, on the other hand, this Arbitration Agreement shall govern. This Arbitration Agreement shall survive the cancellation, suspension, closure or termination of the Card Account, any legal proceeding, any breach or default, any transfer of this Agreement or our rights under this Agreement, any termination, amendment, expiration or performance of any transaction between you and us and any bankruptcy to the extent consistent with applicable law. This Arbitration Agreement may be amended, provided, however, that any such amendment will not apply to any arbitration that was commenced or demanded prior to the amendment. If any portion of this Arbitration Agreement is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force, subject to two exceptions: (1) if there is a determination that the Class Action Waiver is unenforceable for any reason as to any claim, and that determination is not reversed on appeal, then the Arbitration Agreement (except for this sentence) will be inapplicable to that claim, and that claim will instead proceed through litigation in court rather than by arbitration. Any claims not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the individual arbitration; and (2) if a court determines that a public injunctive relief claim may proceed notwithstanding the Class Action Waiver, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, any individual claims will be arbitrated, and the parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded.
As to any proceeding in court, you, Bank, and Program Manager waive the right to a jury trial, unless such waiver is unenforceable under applicable law.
