These documents are being provided to you for informational purposes only. There are two parts to our Cardholder Agreement: The Pricing Information Addendum and the Cardholder Agreement. The Pricing Information Addendum shows a range of terms that may be offered on new accounts. The terms that apply to you will differ depending on your specific card offer. The Cardholder Agreement contains important information related to consumer credit cards issued by WebBank. Pricing is accurate as of March 2023.
PRICING INFORMATION ADDENDUM
Interest Rates and Interest Charges
|Annual Percentage Rate (APR) for Purchases||19.24%–36%, based on your creditworthiness.|
|APR for Balance Transfers||22.24 % – 36%, based on your creditworthiness.|
|APR for Cash Advances||22.24 %- 36%, based on your creditworthiness.|
|Paying Interest||Your due date is at least 25 days after the close of each billing cycle. We will not charge you interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on cash advances and balance transfers on the transaction date.|
|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 www.consumerfinance.gov/learnmore.|
|Setup and Maintenance Fees|
How We Will Calculate Your Balance: We use a method called “average daily balance (including current transactions).” See the additional terms and conditions in your Cardholder Agreement for more details.
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in the additional terms and conditions in your Cardholder Agreement.
Variable Rate: If you have a variable rate APR, your APRs will vary with the market based on the Prime Rate. The Prime Rate is the highest bank prime loan rate as published by The Wall Street Journal in its Money Rates Section on the 25th day (or the next business day if the 25th is not a business day) of the calendar month preceding the first day of the billing period. Your Periodic Rate(s) and corresponding Annual Percentage Rate(s) will change if the Prime Rate changes. If the Periodic Rate(s) and corresponding Annual Percentage Rate(s) increase, your interest charges will increase, and your minimum payment may be greater. A change in the Periodic Rate(s) will take effect the billing period immediately following the publication of the changed Prime Rate. No APR under this Agreement will exceed 36%.
Fixed Rate: If you have a fixed rate APR, your APR will not vary with the market
|Required Minimum Payment Calculation: Greater of (a)(i) 1% of your outstanding balance at the end of a billing cycle or (ii) $XX.XX, plus (b) current interest and fees, plus (c) the greater of (i) any past due or (ii) any amount by which your balance at the end of a billing cycle exceeds your credit limit (see Cardholder Agreement for more information on your minimum payment).|
U.S. VIRGIN ISLANDS RESIDENTS PLEASE READ THIS: The provisions titled “Using Your Account,” “Disputed Payments-Postdated Checks, Restrictive Endorsement Checks and Other Disputed or Qualified Payments,” “Changes in Terms,” “Assignment; Transfer,” “Arbitration Provision” and “Billing Rights Notice” restrict or reduce your rights.
MILITARY LENDING ACT DISCLOSURE: 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). To hear disclosures related to the Military Lending Act, please call this toll-free number: 1-866-816-6994.
COVERED MILITARY BORROWERS: If you are a “covered borrower,” as defined under the Military Lending Act, 10 U.S.C. § 987, as amended, (i) the “Arbitration Provision,” (ii) any waiver of right to legal recourse under any state or federal law and (iii) 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.”
GENERAL This Cardholder Agreement (“Agreement”) governs the use of your revolving credit account (your “Account”). WebBank, a state-chartered bank headquartered in Salt Lake City, Utah, is the issuer of your Card. WebBank is the lender of every extension of credit made to you through the use of your Card. In this Agreement and in your monthly billing statement (“Statement”), “we,” “us,” “our” and “Bank” refer to WebBank, including, as applicable, our successors, assignees and representatives. “You,” “your” and “Cardholder” refer to the person who applied and was approved for the Account and, as appropriate, all persons authorized to use the Account. “Application” refers to any (i) written or electronic application or acceptance that you signed or otherwise submitted for this Account or (ii) oral request for credit and a Card, resulting in this Account. “Card” refers to any credit card, Account number or other credit access device (including any convenience check) that we issue to you. Your Application, any Card carrier that we send with your Card and the accompanying Pricing Disclosure, any automatic payment plan form, any other written documents (including any electronic record) evidencing any transactions made under your Account, any notices that we send to you with your Agreement, any special credit terms disclosures in the initial solicitation letter that we sent you including initial credit limit terms and any special credit terms or rewards terms separately or subsequently disclosed to you in writing, are part of and incorporated into this Agreement. Please read and keep these documents for your records. This Agreement begins on the earlier of (a) the date we finally approve your Application for credit or (b) the first date that we extend credit to you or someone authorized by you on your Account. Where the terms of this Agreement differ from any special terms that we offer to you in writing, the special terms offered will control, but all other terms of this Agreement will remain unchanged.
ARBITRATION NOTICE: THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH WILL APPLY TO YOU UNLESS (1) YOU ARE A MEMBER, OR A DEPENDENT OF A MEMBER, OF THE ARMED FORCES ON THE DATE YOU OPEN THIS ACCOUNT, OR (2) YOU REJECT THE ARBITRATION PROVISION. IF APPLICABLE, THE ARBITRATION PROVISION WILL SIGNIFICANTLY AFFECT YOUR RIGHTS IF A DISPUTE ARISES BETWEEN YOU AND US. FOR EXAMPLE, YOU WILL NOT BE ABLE TO BRING OR PARTICIPATE IN A CLASS ACTION RELATING TO MATTERS ARISING UNDER THIS AGREEMENT.
ACCEPTANCE OF THIS AGREEMENT Your activation of your Card, your use of the Account, or any payment made on the Account, evidences your acceptance of the terms of this Agreement.
USING YOUR ACCOUNT You can use your Card to purchase or lease goods or services (including mail, telephone and electronic orders) from participating establishments (each a “Purchase”) up to any credit limit we may establish for you (your “Credit Limit”). You can also use your Card to obtain a cash loan (“Cash Advance”) by presenting your Card to any institution that accepts the Card for that purpose or by making a withdrawal of cash at an ATM. Transactions made with your Account for things like money orders, deposits, wire transfer money orders, travelers’ checks, foreign currency and other similar transactions, will be treated as Cash Advances. From time to time, we may also permit you to obtain credit from us by making a payment to another creditor of yours (“Balance Transfer”) using forms or other means provided by us. Except as otherwise specifically provided in this Agreement, a Balance Transfer generally is treated as a Cash Advance, but the fees that may be imposed at the time of a Balance Transfer may differ from those applicable to Cash Advances. You may use your Account only for personal, family, or household purposes. You may not use your Card or your Account for any illegal transaction or any gambling transaction. We may decline transactions for any reason, including, but not limited to, operational matters, default or suspected fraudulent or unlawful activity. Transactions above a certain dollar amount may require authorization by us before the transaction can be approved. We will not be liable for the failure to authorize credit because of operational difficulties or mistakes. We may limit the number and amount of transactions approved in one day for security reasons, without any liability to you. We are not responsible for any losses associated with a declined transaction.
AUTHORIZED USERS If you ask us to issue a Card to any other person and we agree to issue them a Card, they are an “Authorized User” of your Account and will be bound by the terms of this Agreement. We will impose an Additional Card Fee (Authorized User) to issue a Card to an Authorized User as described below. See “FEES” Section below. We may require certain information about them before issuing a Card. We may limit their ability to use their Card. You authorize them to have access to important information about your Account including available credit so that they can use their card responsibly. You will be responsible for use of the Account by them and by anyone they allow to use your Account, even if you did not want, or did not agree to, that use. If you want to remove an Authorized User from your Account, you must contact Customer Service and request their removal. You also must immediately destroy all Cards in their possession and cancel any transactions that they may have set up on your Account before their removal. You will be responsible for transactions that they set up before they were removed even if these amounts do not appear on your Account until later. Authorized Users may remove themselves from your Account upon request. We reserve the right to remove them from your Account for any reason. To remove them from your Account, we may choose to close your existing Account and issue you a new Account and replacement Card with a new number.
REWARDS Your Account may provide you with the opportunity to earn rewards. If it does, we will separately provide you with information and terms about the rewards.
HONORING YOUR CARD We are not liable if a merchant, ATM or other institution does not honor your Card, or if your Card malfunctions.
PROMISE TO PAY You agree to be bound by the terms and conditions of this Agreement. You promise to pay for all Purchases, Cash Advances, Balance Transfers and all other amounts owed to us under the terms of this Agreement. You promise to make all payments in U.S. dollars and to submit for payment of your Account only checks or other items drawn on U.S. financial institutions.
YOUR CREDIT LIMIT You agree not to use and not to allow any Authorized User to use your Account in any way that would cause you to go over your Credit Limit. We may refuse to authorize or accept any transaction on your Account that would cause you to exceed your Credit Limit. We may establish different Credit Limits for different features of your Account in addition to a general (total) Credit Limit. If you exceed your Credit Limit, you must pay us the excess amount promptly. We reserve the right not to increase your available credit by the amount of any payment received, for a period of up to four (4) business days from the date of receipt to provide for processing and verification. Processing speeds can vary depending on how your payment is cleared.
Your Account represents a continuing offer to extend further credit to you which may be withdrawn at any time. We reserve the right to change (to set, increase, decrease or remove) the Credit Limit for your Account from time to time in accordance with this Agreement and applicable law. Certain changes in your Credit Limit may occur without prior written notice to you and may be based upon factors including, but not limited to, anti-fraud policies and procedures, your record of making timely payments and staying within your established Credit Limit, your credit score and information contained in your credit report and your proper maintenance of any checking account used to make automatic payments, if applicable.
If approved for an Account, your initial Credit Limit(s) will appear on your Card carrier. Your current Credit Limit(s) can be found on your Statement or provided upon request. We do not accept Credit Limit increase requests.
You have the right to receive an answer to a written inquiry concerning the status of your Account.
SPECIAL TERMS When we solicit you for an account or from time to time thereafter we may offer special terms in connection with your Account. These special terms may be limited to certain qualifying transactions. The period of time that special terms may be available may be limited. Information specific to any special terms will be provided at the time of offer. If you accept a qualified solicitation offer or use your Account to enter into a qualifying transaction, you will be deemed to have acknowledged and agreed to the special terms disclosed at the time of the offer, which terms may be modified or differ from the regular terms of this Agreement. No formal amendment of this Agreement will be necessary and all terms of this Agreement will remain applicable except those inconsistent with the disclosed special terms of the offer. If at any time you fail to comply with the terms of this Agreement as modified by the special terms of an offer or are otherwise in default of any obligation you owe us, then we may, in our sole discretion, immediately terminate any special offer terms. We will notify you of the termination of any special terms if (and as) expressly required by law.
DEFAULT Unless prohibited by applicable law, we may declare you in default under this Agreement if you: (i) do not make at least the Minimum Payment required from time to time on or before its Payment Due Date; (ii) exceed your Credit Limit without permission; (iii) tender a payment on your Account and your payment is returned to us unpaid or otherwise rejected for any reason; (iv) become subject to bankruptcy or insolvency proceedings; (v) become subject to attachment or garnishment proceedings; (vi) give us any misleading, false, incomplete or incorrect information or false or fraudulent signature; (vii) die; or (viii) fail to comply with any term of this Agreement or any other agreement that you have with us. Subject to any notice of default and right to cure or other limitation of applicable law, if you are in default, we may, in addition to any other rights that we may have under this Agreement: (i) reduce your Credit Limit or cancel your Account; (ii) require you to pay your entire Account balance (including accrued but unpaid interest and any other fees and charges provided for in this Agreement) immediately; and/or (iii) bring an action to collect all amounts owed.
You agree to pay, to the greatest extent not prohibited by law, our reasonable attorneys’ fees and any collection costs and disbursements and court fees related to the collection of your Account.
CANCELLATION We may cancel your Account, refuse to allow further transactions, offer credit on different terms or adjust the amount of credit available to you at any time, with or without cause, subject to applicable limitations of law. We may terminate further transactions on your Account without notice if you change your address to a jurisdiction in which we do not make credit available at that time. You may close your Account by writing to us at Account Services, P.O. Box 105824 Atlanta, GA 30348-5824. The terms of this Agreement will continue to apply to any balance that you owe us until you have paid everything you owe, including any interest and fees due. Account cancellation may adversely affect your credit history.
STATEMENTS We will send you a Statement for each monthly billing cycle in which (i) the balance of your Account (including unpaid Purchases, Cash Advances and any Balance Transfers, interest and other fees and charges) on the last day of that billing cycle (the “New Balance”) is greater than $1 (debit or credit); (ii) we impose interest or a fee; (iii) there is any other activity on your Account; or (iv) as otherwise required by applicable law. Your Statement will show, among other things, the total minimum payment you must make during the billing cycle (the “Minimum Payment”) and the date that the Minimum Payment is due (the “Payment Due Date”).
PAYMENT REQUIREMENTS AND CREDITING
Minimum Payment You agree to pay at least the Minimum Payment shown on your Statement by the Payment Due Date shown on the Statement. You may at any time pay off your entire balance in full or more than the Minimum Payment due without incurring any additional charge. We reserve the right to change your Minimum Payment requirement from time to time, subject to applicable law. The Minimum Payment due each month will be an amount equal to the Required Minimum Payment Calculation disclosed in the accompanying Pricing Disclosure. If your New Balance is less than your Minimum Payment, your New Balance is due in full. You may at any time make additional payments without penalty.
Authorization Agreement for Automatic Payments If you enrolled in the Automatic Payment Plan, you acknowledge and agree to the following:
(1) You authorize us to initiate electronic funds transfers (EFTs) by debit entries drawn on the bank account, debit or credit card you have identified to us in your application for this Account or any other account that you identify to us from time to time (“Bank Account”) in the amount of (i) your required Minimum Payment, (ii) any fixed amount that you specify, as modified by you from time to time. The amount of your Automatic Payment Plan payment may vary if you make additional payments. We will provide you advance notice if your Automatic Payment Plan payment will exceed your New Balance. To avoid additional charges, in any month in which any designated fixed payment amount is less than your Minimum Payment due, you understand and agree that we may deduct or withdraw your entire Minimum Payment rather than the designated fixed payment amount. If your New Balance is less than the fixed amount you designate, only the New Balance will be deducted. If you have a Deferred Interest Plan and you enroll in our Automatic Payment Plan, you will need to make one or more additional payments by mail or by phone to avoid interest. See Deferred Interest Balances below. You have the right to receive notice of all electronic fund transfers from your Bank Account that vary in amount, and by enrolling, you agree that your monthly Statement will serve as your notice of the amount of your monthly payment. You may change the amount to be deducted or withdrawn at any time. Your new monthly payment will be effective within 3 business days of our receipt of your instruction. (2) We will initiate authorized EFTs each month on or after the Payment Due Date shown on your monthly Statement. (3) You agree that in the event any debit is rejected or dishonored we may reinitiate the debit once. (4) You have provided us with all necessary information for the Bank Account that you wish us to debit and the Bank Account on which the Automated Clearing House (ACH) debit is authorized, is a legitimate, open and active account. You agree to notify us promptly if this information changes. (5) The origination of ACH transactions must comply with the provisions of U.S. law. (6) Once enrolled, automatic payments will continue until you notify us that you wish to terminate your enrollment in the Automatic Payment Plan, or until we terminate your enrollment. You may terminate your enrollment by calling Customer Service at the telephone number shown on your monthly statement. You must give any notice of termination in such a manner and sufficiently in advance to allow us and your financial institution a reasonable opportunity to act. We may terminate your enrollment if you fail to keep your Account or your Bank Account in good standing. Delinquency or closure of either account, for any reason, may result in immediate termination of your enrollment in the Automatic Payment Plan. Also, if there are insufficient funds in your Bank Account to process any payment, your enrollment in the Automatic Payment Plan may be terminated immediately. (7) We are not responsible for any fees that may be charged by your depository institution as the result of your participation in the Automatic Payment Plan. (8) You have the right to review your accounts and to withdraw any privileges previously granted. (9) Participation in the Automatic Payment Plan is not a requirement of continuing credit under your Account. Enrollment in the Automatic Payment Plan is optional.
Right to Stop Payment and Procedure For Doing So: If you have a scheduled payment or monthly scheduled payment through the Automatic Payment Plan, you can tell us to stop any of these payments by calling Customer Service at the telephone number shown on your monthly statement, by sending an e-mail to email@example.com or by writing to us at Customer Service–Automatic Payment Plan Department, P.O. Box 105824, Atlanta, GA 30348-5824. If you send us an email or write to us, your request must reach us at least 3 business days before the scheduled Payment Due Date. If you call us, we may require you to put your request in writing and to deliver your request to us within 14 days after you call. If you tell us to stop a payment at least 3 business days before the Payment Due Date and we do not stop payment, we will be liable for your losses or damages.
Alternative Payment Methods If you know that we will be unable to process a scheduled automatic payment for any reason, then to avoid a late payment charge, you must promptly send a certified check or money order to the “Payment Address” shown on the front of your monthly statement, or, if offered, you may take advantage of any pay-by-phone or online payment service that we may make available to you from time to time. If you make an alternative payment by postal mail or by pay-by-phone or online service while you are enrolled in an Automatic Payment Plan, we may treat such payment as an additional payment and either (i) process your next Automatic Payment Plan payment as scheduled or (ii) may reduce your next Automatic Payment Plan payment by the amount of any such additional payment.
Instructions for Mailed Payments If you pay by check or other written instrument, all payments, except disputed amounts, must be mailed or delivered to us at the address for payments shown on your monthly statement. Payments received at the address on the payment coupon by 5:00 p.m. Central Time, Monday through Friday (except legal holidays) will be credited to your Account as of the date received. Payments must be received with the payment coupon (bottom portion) of your statement in the enclosed return envelope. If payments are received at any other location or without your payment coupon, crediting of those payments to your Account may be delayed.
Notice About Electronic Check Conversion. By providing a paper check as payment, you authorize us to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use the information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution.
Application of Payments Subject to the requirements of applicable law, we will usually apply your Minimum Payment first to unpaid interest, fees and other charges, then to Cash Advance transactions in the order in which they are posted to your Account and finally to Purchase transactions in the order in which they are posted to your Account. We may apply your Minimum Payment to balances subject to special terms (including Balance Transfers, convenience checks and other promotions) prior to non-promotional balances. Amounts paid in excess of your Minimum Payment will be applied to balances with the highest APR first and then to lower rate balances in descending order of APR.
Disputed Payments-Postdated Checks, Restrictive Endorsement Checks and Other Disputed or Qualified Payments You agree not to send us partial payments marked “paid in full,” “without recourse,” or similar language. If you send such a payment, we may accept it without losing any of our rights under this Agreement. All notices and written communications concerning postdated checks, restrictive endorsement checks (including any check or other payment instrument that indicates that the payment constitutes “payment in full” of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount) or any other disputed, nonconforming or qualified payments, must be mailed or delivered to Dispute Resolution, P.O. Box 105374, Atlanta, GA 30348-5374. We may also accept late, postdated or partial payments without losing any of our rights under the credit agreement governing your Account. (A postdated check is a check dated later than the day it was actually presented for payment.) We are under no obligation to hold a postdated check and we reserve the right to process every item presented as if dated the same date received by us or our check processor unless you give us adequate notice and a reasonable opportunity to act on it. Except where such notice and opportunity is given, you may not hold us liable for depositing any postdated check.
Interest When your Account has an outstanding balance, we will assess periodic interest using a monthly periodic rate of interest. The monthly periodic rate is determined by dividing the annual percentage rate (“APR”) by 12. Unless otherwise stated in your Pricing Disclosure, your APRs and corresponding monthly periodic rates, will vary with the market based on the Prime Rate, but no APR will exceed an annual percentage rate of 36%. See the accompanying Pricing Disclosure for the APRs and any “per transaction” interest charges applicable to your Account. Interest will be imposed in amounts or at rates not in excess of those permitted by law.
Balances Subject To Interest We figure the interest charge on your Account by applying the applicable monthly periodic rate to the “average daily balance” of your Account. We calculate the average daily balance separately for each type of balance (e.g., separately for Purchases, for Cash Advances and for each balance subject to special terms such as Balance Transfers). For each type of balance, we take the beginning balance each day (including accrued but unpaid interest charges), add new transactions (including purchases, cash advances and balance transfers) and any applicable fees, and subtract the applicable portion of any payments or credits. This gives us the daily balance for each type of balance. Then, we add up all the daily balances for a particular type of balance for the billing cycle and divide the total by the number of days in the billing cycle. This gives us the “average daily balance” for that type of balance.
When Interest Begins To Accrue, Grace Period Except as provided below, Purchases, Cash Advances and Balance Transfers begin to accrue interest from the date of the transaction (or, at our option, from the date they are posted to your Account) and continue to accrue interest until the charge is paid in full. You will have at least a 25 day grace period (“Grace Period”) on Purchases. This means you have at least 25 days from the closing date on your monthly statement to pay for new Purchases before we charge interest on them. However, the Grace Period will apply only in billing periods when (1) you paid the previous balance in full or (2) you had a previous balance of $0.00 or a credit balance. (The previous balance is the balance identified as the New Balance on the monthly statement for the previous billing period, subject to subsequent adjustment, as appropriate.) When the Grace Period applies, we will not impose interest on (1) any new Purchases if we receive payment of the appropriate full New Balance on the monthly statement for that billing period by the due date shown on that statement or (2) the portion of the Purchase balance repaid if we receive payment of only part of the New Balance by the due date. There is no time period within which you can avoid interest on Cash Advances or Balance Transfers.
Deferred Interest Balances If you make a purchase under a special Deferred Interest Plan promotion, we will calculate interest for each cycle as described above. To avoid such interest you must pay the total purchase amount and accrued fees and charges that are subject to deferred interest (“Promotional Balance”) in full by the last day of the promotional period as shown in the Deferred Interest Charge Calculation notice on the front of your monthly statement. Making only minimum monthly payments during the promotional period will not pay off your Promotional Balance by the last day of the promotional period. If you do not pay your Promotional Balance in full by such date, then the interest that has accrued from the date of purchase through and including the last day of the promotional period (Deferred Interest Charge) will be added to your regular Purchase balance.
The following fees may be added to your Account:
Annual Fee If your Account is subject to an Annual Fee, the amount of the fee is shown in the accompanying Pricing Disclosure. Annual fees appear on your first monthly statement and thereafter on the anniversary date of your Account as long as your Account is open or you have an outstanding balance. Annual Fees are not refundable, except as provided below or as otherwise required by applicable law. Annual Fees reduce the amount of credit you have available for use.
Account Maintenance Fee If your Account is subject an Account Maintenance Fee, the amount of the fee is disclosed in the accompanying Pricing Disclosure. Account Maintenance Fees are billed each month as long as your Account is open or you have an outstanding balance. Your payment of an Account Maintenance Fee does not affect our right to close your Account or our ability to limit transactions on your Account.
Balance Transfer Fee If your Account is subject to a Balance Transfer Fee, the amount of the fee is disclosed in the accompanying Pricing Disclosure. Balance Transfer Fees are charged on each Balance Transfer.
Cash Advance Fee If your Account is subject to a Cash Advance Fee, the amount of the fee is disclosed in the accompanying Pricing Disclosure. Cash Advance Fees are charged each time you obtain a Cash Advance.
Foreign Transaction Fee If your Account is subject to a Foreign Transaction Fee, the amount of the fee is disclosed in the accompanying Pricing Disclosure. Foreign Transaction Fees are charged on any transaction made in a foreign currency that is converted to U.S. Dollars.
Late Payment Fee If you fail to make a timely payment, you agree to pay a Late Payment Fee in the amount disclosed in the accompanying Pricing Disclosure. For PR residents, you agree to pay the lesser of $15 or 5% of the payment due for payments that are over 15 days late. No Late Payment Fee will exceed the amount of the related missed payment.
Returned Payment Fee To the greatest extent not prohibited by law, if any payment is dishonored or returned, you agree to pay a Returned Payment Fee in the amount disclosed in the accompanying Pricing Disclosure. No Returned Payment Fee will exceed the amount of the refused or returned payment.
Additional Card Fee (Authorized User) We will impose a fee for allowing access to another person who is not responsible for the repayment of the Account. The amount of the Additional Card Fee (Authorized User) is disclosed with the accompanying Pricing Disclosure.
REFUND OF INTEREST AND FEES We will credit all interest and fees to your Account if you close your account within 30 days of receiving your initial Agreement and you make no charges to your Account. After such 30-day period, interest and fees generally are no longer avoidable or refundable and you will be responsible for paying all interest and fees charged to your Account.
CONSENT TO RECEIVE ELECTRONIC DISCLOSURES If, when you applied for your Account or accepted an offer and verified your eligibility for an Account, you agreed to receive electronic notices and disclosures in connection with your Account (whether at an electronic mail address that you provided in your Application, at a website that we designate or otherwise), then, to the extent not prohibited by law, we may send notices concerning the availability of Statements and other notices and disclosures to you at the electronic mail address that you provided in your Application, any updated electronic mail address that you provide to us in writing, or on a website that we designate or otherwise, as mutually agreed. If you subsequently choose to receive notices and disclosures by postal mail rather than electronically, then you agree to provide us with an updated postal address in a timely manner to allow us to comply with any applicable requirements of law.
MONITORING AND RECORDING To ensure that you receive quality service, you agree that we may record all phone calls. These calls, between you and our representatives, are evaluated by supervisors. It is our goal to provide prompt, consistent assistance and deliver accurate information in a professional manner.
TELEPHONE COMMUNICATION MONITORING AND CONTACTING YOU: You agree that your telephone communications with us or any of our representatives, affiliates or service providers may be monitored, recorded and retained by any of them. You expressly consent and authorize us, our representatives, affiliates, agents and service providers to contact you at any telephone number you provide to us, in the application or otherwise, now or in the future, or any number you have previously provided to us, or any of our representatives, affiliates or service providers, using an auto dialer, pre-recorded messages, or text messages, in order to provide alerts and other information regarding your current or future applications and accounts for all products you have or may have with us. Message and data rates may apply. You also expressly consent to WebBank, or any of its representatives, affiliates or service providers sending email messages regarding your Account to your email address, including emails delivered to a cell phone or mobile device. You agree that you will accept calls at your home, place of business or on a mobile telephone regarding the Account. You understand that calls may be automatically dialed and a message played; you understand and agree that these calls and messages may be read or listened to by anyone with access to your telephone or email account, and that such calls are not “unsolicited calls” for purposes of any state or federal law, and you expressly consent to receive such calls and messages. You agree that we are not liable for any resulting breach of privacy or for any charges or costs you incur in connection with text messaging, emails or other communication that we or any of our representatives, affiliates or service providers may send you. You agree that this authorization constitutes a bargained for exchange. To the extent you have the right under applicable law to revoke this authorization, you agree you may do so only by writing to us at Account Services, P.O. Box 105824, Atlanta, GA 30348-5824 or by calling us at 1-888-549-0040.
NOTICE OF CHANGES IN YOUR ELECTRONIC MAIL, TELEPHONE NUMBER OR OTHER INFORMATION You agree to notify us promptly of
any change in your electronic mail address, your postal address, your home telephone number, place of employment or other information provided in your Application or otherwise provided to us from time to time, including porting a landline telephone number to a cellular number or VoIP, by writing to us at Account Services, P.O. Box 105824, Atlanta, GA 30348-5824 or by calling us at 1-888-549-0040.
CHANGES IN TERMS We may, at any time in accordance with this Agreement and subject to the requirements of applicable law:
(i) terminate this Agreement; (ii) terminate your right to make future Purchases or take future Cash Advances or Balance Transfers;
(iii) change your Credit Limit; or (iv) add new terms or delete or change any terms and conditions of this Agreement relating to your Account (including changing from a non-variable to a variable periodic rate, increasing any rate of interest, increasing or adding fees or charges, changing the method of computing the balance upon which interest is assessed or changing the date upon which interest begin to accrue). Changes that are favorable to you may be made at any time without prior notice, subject to applicable law. Changes in terms may be based upon factors including, but not limited to, anti-fraud policies and procedures, your record of making timely payments and staying within your established Credit Limit on your Account with us, your credit score and information contained in your credit report and your proper maintenance of any checking account used to make your automatic payments, if applicable. When required by applicable law, we will provide you with written notice of a new or deleted term or change in terms and offer you the right to reject terms in the manner specified at the time of notice. No new term or change in the terms of this Agreement will affect your obligation to pay all amounts owing under this Agreement.
ASSIGNMENT; TRANSFER We may sell, assign or transfer all or any portion of your Account and all or any portion of our rights under this Agreement to any other person without prior notice to you. You may not sell, assign or transfer any of your rights under this Agreement.
LOST CARDS AND UNAUTHORIZED USE Contact us immediately if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe that your Card has been lost or stolen, or that someone has made a Purchase on or transferred or may transfer money from your Account without your permission, call us at 1-888-576-9432. You will not be liable for any such unauthorized use that occurs after you notify us. You may, however, be liable for such unauthorized use that occurs before you notify us. In any case, your liability for such unauthorized use will not exceed $50. Under Visa’s “Zero Liability Policy” you may incur no liability for unauthorized use of your card up to the amount of the unauthorized transaction provided that you notify us within a reasonable time of the loss or the theft of your card, card number or pin or its unauthorized use. Replacement funds are provided on a provisional basis and may be withheld, delayed, limited or rescinded by us based on gross negligence or fraud, a delay in reporting unauthorized use, an investigation and verification of a claim and account standing and history.
CREDIT REPORTS AND INFORMATION
Credit Reports You authorize us to make or have made any credit, employment or other investigative inquiries we deem appropriate to renew, review or collect amounts owed to us on your Account. We also may obtain follow-up credit reports on you for any lawful purpose as long as you have an outstanding balance.
Notice of Information Reporting We may report information about your Account to credit bureaus. Late payments, missed payments or other defaults on your Account may be reflected in your credit report.
Information Sharing You acknowledge and agree that we may share information about you with others in accordance with our Privacy Notice (a copy of which we will provide to you and may be obtained here as it is in effect from time to time).
Notice of Inaccurate Information If you believe that we have information about you that is inaccurate or that we have reported or may report to a credit reporting agency information about you that is inaccurate, please notify us of the specific information that you believe is inaccurate by writing to us at Account Services, P.O. Box 105824, Atlanta, GA 30348-5824.
ARBITRATION PROVISION (AGREEMENT TO ARBITRATE CLAIMS)
Unless you are a “covered borrower,” as defined under the Military Lending Act, 10 U.S. C. § 987, as amended, and except as otherwise stated below, any Claim (as defined below) will be resolved by binding arbitration pursuant to (a) this Arbitration Provision and (b) the Code of Procedure of the national arbitration organization to which the Claim is referred (as in effect when the Claim is filed). Claims will 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. Streamlined arbitration procedures will be used if available. If a selection by us of one of these organizations is unacceptable to you, you have the right, within 30 days after you receive notice of our election, to select the other organization listed to serve as arbitration administrator. For purposes of this Arbitration Provision, “Claim” means any claim, dispute or controversy (whether in contract, tort, or otherwise), past, present or future, (collectively, “Claims”) as further described below. (If for any reason a selected organization cannot, will not or ceases to serve as an arbitration administrator you or we may substitute another widely recognized arbitration organization that uses a similar code of procedure and is mutually acceptable to the parties.)
Right To Reject Arbitration. You may reject this Arbitration Provision. If you do so, neither you nor we will have the right to engage in arbitration. Rejecting this Arbitration Provision will have no effect on any of the other provisions in this Agreement. To reject this Arbitration Provision, you must send us your written rejection within 60 days after we open your Account, or 60 days after any change in terms that affects this Arbitration Provision, to Account Services Dispute Resolution, P.O. Box 105096, Atlanta, GA 30348-5096; ATTN: Consumer Credit Arbitration. In your letter, you must give us the following information: Name, Address and Account number. The right to reject granted here applies solely to this Arbitration Provision, and not to any other provision of this Agreement, or to any other agreement with us. In the event of a dispute over whether you have provided a timely rejection notice, you must provide proof of delivery. Neither party may elect to arbitrate an individual Claim brought in small claims court (or your state’s equivalent court, if any). However, if a Claim that is brought in small claims court is transferred or appealed to a different court, either party may elect arbitration.
Significance of Arbitration; Limitations and Restrictions. IF YOU OR WE CHOOSE TO RESOLVE A CLAIM BY BINDING ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO (i) HAVE A COURT OR JURY DECIDE THE CLAIM BEING ARBITRATED (ii) ENGAGE IN PRE-ARBITRATION DISCOVERY (THAT IS, THE RIGHT TO OBTAIN INFORMATION FROM THE OTHER PARTY) TO THE SAME EXTENT THAT YOU OR WE COULD IN COURT, (iii) PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS IN A CLASS ACTION, IN COURT OR IN ARBITRATION, RELATING TO ANY CLAIM SUBJECT TO ARBITRATION OR (iv) JOIN OR CONSOLIDATE CLAIMS OTHER THAN YOUR OWN OR OUR OWN. OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Except as set forth below, the arbitrator’s decision will be final and binding. Only a court may decide the validity of items (iii) and (iv) above. If a court holds that items (iii) or (iv) are limited, invalid or unenforceable, then this entire Arbitration Provision will be null and void. You or we can appeal any such holding. If a court holds that any other part(s) of this Arbitration Provision (other than items (iii) and (iv)) are invalid, then the remaining parts of this Arbitration Provision will remain in force. An arbitrator will decide all other issues pertaining to arbitrability, validity, interpretation and enforceability of this Arbitration Provision. The decision of an arbitrator is as enforceable as any court order and may be subject to very limited review by a court. An arbitrator may decide a Claim upon the submission of documents alone, or a party may request a telephonic hearing if permitted by applicable rules. The exchange of non-privileged information relevant to the Claim, between the parties, is permitted and encouraged. Either party may submit relevant information, documents or exhibits to the arbitrator for consideration in deciding a Claim.
Broad Meaning of “Claims.” The term “Claims” in this Arbitration Provision is to be given the broadest possible meaning and includes (by way of example and without limitation) (A) Claims arising from or relating to (i) the application for or issuance of your Account, (ii) use, terms, change in terms or addition of terms, closing or collection of your Account or this Agreement, and (iii) advertisements, promotions or oral or written statements related to your Account, including any Claims regarding information obtained by us from, or reported by us to, credit reporting agencies or others, (B) Claims between you and our parent corporations, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, service providers, employees, officers, directors or representatives arising from your Account or this Agreement and (C) Claims regarding the validity, enforceability or scope of this Arbitration Provision or this Agreement.
Arbitration Procedure and Costs. For a copy of relevant codes of procedure, to file a Claim or for other information about JAMS and AAA, write them, visit their web site or call them at: (i) for JAMS, 18881 Von Karman Ave, Suite 350 0, Irvine, CA 92612 or http://www.jamsadr.com, 1-949-224-1810 or (ii) for AAA, 120 Broadway, Floor 21, New York, NY 100271 or, http://www.adr.org, 1-800-778-7879. If either party fails to submit to arbitration following a proper demand to do so, that party will bear the costs and expenses, including reasonable attorneys’ fees, incurred by the party compelling arbitration. Any physical arbitration hearing that you attend will be held in the federal judicial district where you live at the time the Claim is filed. The party initiating the arbitration will pay the filing fee. You may seek a waiver of the initial filing fee or any other fees incurred in arbitration. If you seek, but do not qualify for, a waiver, we will consider any written request by you for us to pay or reimburse you for all or part of such fees. Each party will pay for its respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration. A party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. Allocation of fees and costs relating to appeals in arbitration will be handled in the same manner. For an explanation and schedule of the fees that apply to an arbitration proceeding with JAMS, please visit Arbitration Schedule of Fees & Costs | JAMS Mediation, Arbitration, ADR Services (jamsadr.com); for AAA, visit AAA Rules, Forms & Fees | ADR.org. The appropriate fee schedule in effect from time to time is hereby incorporated by reference into this Arbitration Provision. The cost of arbitration may be higher or lower than the cost of bringing your Claim in court, depending upon the nature of your Claim and how the arbitration proceeds. Having more than one Claim and holding face-to-face hearings can increase the cost of arbitration. Again, neither you nor we will be permitted to arbitrate claims on a class-wide (that is, on other than an individual) basis. An arbitration proceeding can decide only your or our Claims. You cannot join other parties (or consolidate Claims) except with respect to persons who use your Account.
Governing Law for Arbitration. This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and will be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1 et seq., as amended, notwithstanding any other governing law provision in this Agreement. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law. Judgment upon any arbitration award may be entered and enforced, including without limitation by garnishment, attachment, foreclosure or other post-judgment remedies, in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA, in which case any party can appeal the award to a three-arbitrator panel administered by the selected arbitration administrator. The panel will reconsider de novo (that is, without deference to the ruling of the original arbitration) any aspect of the initial award requested by the appealing party.
Continued Effect of Arbitration Provision. This Arbitration Provision will continue to govern any Claims that may arise without regard to any termination or cancellation of your Account. If any portion of this Arbitration Provision (other than the provisions prohibiting class-wide arbitration, joinder or consolidation) is deemed invalid or unenforceable under the FAA, it will not invalidate the remaining portions of this Arbitration Provision. If a conflict or inconsistency arises between the code of procedures of the selected arbitration administrator and this Arbitration Provision, this Arbitration Provision will control.
DELAY IN ENFORCEMENT We can delay or waive enforcing any of our rights under this Agreement or under applicable law without losing any of those rights or any other rights. Even if we do not enforce our rights or remedies at any one time, we may enforce them at a later time.
SEVERABILITY Except as otherwise expressly provided in the Arbitration Provision, if any provision of this Agreement is finally determined to be void or unenforceable under applicable law, rule or regulation, all other provisions of this Agreement shall still be valid and enforceable. Certain provisions of this Agreement are stated as being subject to applicable law. Such provisions may be void, unenforceable or inapplicable in some jurisdictions.
ENTIRE AGREEMENT This Agreement, including any other written, oral or electronic document incorporated into and made a part of this Agreement, is the entire agreement between you and us relating to your Account and supersedes any other prior or contemporaneous agreement between you and us relating to your Account. If there is any conflict between any one of these documents and this Agreement, the terms of this Agreement control. This Agreement may not be amended except in accordance with the other provisions of this Agreement.
GOVERNING LAW FOR CREDIT This Agreement, and any claim, dispute or controversy (whether in contract, tort, or otherwise) at any time arising from or relating to this Agreement, are governed by and construed in accordance with applicable federal law and, to the extent not preempted by federal law, the laws of Utah (without regard to internal principles of conflict of laws), except that the arbitration provision is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. The legality, enforceability and interpretation of this Agreement and the amounts contracted for, charged and reserved under this Agreement will be governed by such laws. You agree that this Agreement is made, executed and delivered in Utah and that WebBank makes all credit decisions, open all accounts and issue all proceeds from, impose all fees and charges in and receive all payments from you, in WebBank’s offices in Utah. To the extent not preempted by federal law or subject to Utah law, for purposes of state law compliance, we have elected Section 12-103(a)(1) of the Interest and Usury statute and the Revolving Credit Accounts statute in Maryland (Md. Com. Law Code § 12-103(a)(1) and §§ 12-501 et seq.).
YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED (ELECTRONICALLY OR OTHERWISE) AN EXACT, COMPLETELY FILLED-IN, LEGIBLE COPY OF THIS AGREEMENT, HAVE READ IT AND AGREE TO ITS TERMS.
NOTICE TO THE BUYER
1. DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES.
2. YOU ARE ENTITLED TO AN EXACT, COMPLETELY FILLED IN COPY OF THE AGREEMENT YOU SIGN.
3. YOU HAVE THE RIGHT TO PAY, IN ADVANCE, THE FULL AMOUNT DUE.
CA RESIDENTS: Interest is compounded on unpaid amounts.
MD 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 account.
MO 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.
NH RESIDENTS: This Agreement provides for reasonable attorneys’ fees to be awarded to us in an action against you involving this Agreement. Reasonable attorney’s fees will be awarded to you if you prevail in any action, suit or proceeding brought by us; or an action brought by you. If you successfully assert a partial defense or set-off, recoupment or counterclaim to an action brought by us the court may withhold from us the entire amount or such portion of the attorney fees as the court considers equitable.
NJ 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.
WI RESIDENTS: No provision of a marital property agreement, a unilateral statement under Section 766.59 or a court decree under Section 766.70 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.
BUYER/CARDHOLDER Your name and address, our name and address and the date on any Application or any other document or record you sign in connection with your Account are incorporated here and made a part of this Agreement and represent your name and address, our name and address, and the date on this Agreement. An electronic record of your request for or acceptance of an Account or the consummation of a sales transaction under this Agreement can represent your signature on this Agreement.
CREDITOR /s/ WebBank
Rev. Date: August 2022
BILLING RIGHTS NOTICE
Your Billing Rights: Keep This Document For Future Use
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What To Do If You Find A Mistake On Your Statement
If you think there is an error on your statement, write to us at:
Account Services Dispute Resolution
P.O. Box 105374 Atlanta, GA 30348-5374
In your letter, give us the following information:
- Account information: Your name and account number.
- Dollar amount: The dollar amount of the suspected error.
- Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us:
- Within 60 days after the error appeared on your statement.
- At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.
You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
- Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error.
- Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error:
- We cannot try to collect the amount in question, or report you as delinquent on that amount.
- The charge in question may remain on your statement, and we may continue to charge you interest on that amount.
- While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
- We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
- If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.
- If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
- The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
- You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify.
- You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:
Account Services Dispute Resolution
P.O. Box 105374
Atlanta, GA 30348-5374
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.
For Imagine Credit Card Accounts Issued by WebBank
|WHAT DOES WEBBANK DO WITH YOUR PERSONAL INFORMATION IN CONNECTION WITH YOUR IMAGINE ACCOUNT?|
|Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.|
|The types of personal information we collect and share depend on the product or service you have with us. This information can include:
When you are no longer our customer, we continue to share your information as described in this notice.
|All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons WebBank chooses to share; and whether you can limit this sharing.|
Reasons we can share your personal information
Does WebBank share?
Can you limit this sharing?
|For our everyday business purposes—
such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus
|For our marketing purposes—
to offer our products and services to you
|For joint marketing with other financial companies||No||No|
|For our affiliates’ everyday business purposes—
information about your transactions and experiences
|No||We do not share|
|For our affiliates’ everyday business purposes—
information about your creditworthiness
|No||We do not share|
|For our affiliates to market to you||No||We do not share|
|For non-affiliates to market to you||No||We do not share|
|Mail your inquiry to:
WebBank – Imagine, Attn: Privacy
PO Box 105096
Atlanta, GA 30348-5096
Or call: 1-888-549-0040
|Include your account number, name and address on all correspondence.|
What we do
|How does WebBank protect my personal information?||To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. Also, we only allow employees, authorized service providers and other parties as required or permitted by law to access your account.|
|How does WebBank collect my personal information?||We collect your personal information, for example, when you
We also collect your personal information from others, such as credit bureaus, affiliates or other companies.
|Why can’t I limit all sharing?||Federal law gives you the right to limit only
State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.
|Affiliates||Companies related by common ownership or control. They can be financial and nonfinancial companies.
|Non-affiliates||Companies not related by common ownership or control. They can be financial and nonfinancial companies.
|Joint marketing||A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
Other important information
|CA Residents: We will not disclose information about you to other financial service providers with which we have joint marketing agreements, other than as required or permitted by law, unless you authorize us to do so.
CA, ND, and VT Residents: To the extent that related state law applies, we will not disclose information about you to anyone other than our affiliates without your express authorization except as required or permitted by law.
IMAGINE CREDIT PROTECTION PLAN
IMPORTANT DISCLOSURES REQUIRED BY UTAH LAW
1. Your purchase of this agreement is optional. Whether or not you purchase this agreement will have no effect on your application for credit or the terms of any existing credit agreement.
2. A debt suspension agreement means that the duty to pay the loan principal and interest to a depository institution or industrial loan company is only suspended and does not cancel the obligation if the agreement is activated.
3. The total fee for this agreement is $0.89 per $100.00 (or 0.89%) of your total outstanding balance for Purchases and Cash Advances at the end of each monthly cycle for the billing cycle. You may choose to pay the fee in a single lump sum or in monthly/quarterly payments (not applicable to the Imagine Credit Protection Plan because there is no lump sum payment option). Adding a lump sum of the fee to the amount borrowed will increase the cost of the agreement (not applicable to the Imagine Credit Protection Plan because there is no lump sum payment option). The formula used to compute the monthly fee payment is as follows: (total outstanding balance for Purchases and Cash Advances at the end of each monthly cycle) X (0.89%) = (monthly fee).
4. You may choose an agreement with or without a refund provision and the prices are likely to differ (not applicable to the Imagine Credit Protection Plan because the Imagine Credit Protection Fee is billed in arrears, meaning you will never be obligated to pay the fee for protection you have not yet received).
5. You or we may terminate this Addendum at any time by written notice to the other party.
IMAGINE CREDIT PROTECTION PLAN ADDENDUM
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY SO THAT YOU WILL BE AWARE OF LIMITATIONS, EXCLUSIONS AND REQUIRED PROCEDURES.
1. Imagine CREDIT PROTECTION is an optional addition to your WebBank (“we,” “us” and “our”) Imagine Cardholder Agreement (“Agreement”). Your decision to add Imagine Credit Protection to your Agreement will not affect any application for credit or the terms of any existing credit agreement that you may have with us. In return for a monthly fee (“Imagine Credit Protection Fee”) and under certain conditions as described herein, we will make your minimum payment for a period of time or cancel certain portions of your Account balance as described below. In this Imagine Credit Protection Plan Addendum (“Addendum”), “you” and “your” refer only to the Primary Cardholder of the Imagine Account (“Account”) that is protected under this Addendum. No other person shall be considered a party to or protected under this Addendum for any Protected Event.
2. DEFINED TERMS. Capitalized terms not defined herein have the same meanings as are given them in your Agreement. Within this Addendum, certain terms are defined as follows:
Benefit(s): Balance cancellation or payments made by us on your behalf for minimum payments due on your Account for a period of time
Balance Cancellation Benefit: Cancellation of all or a portion of your outstanding debt as a result of activation of a Benefit for Loss of Life. The amount cancelled will not exceed the lesser of your Protected Balance, your Credit Line, or $5,000.
Enrollment Year: Begins on the Enrollment Date as printed on the Addendum and continues for 365 days.
Event Date: The initial date of a Protected Event as indicated on your accepted Benefit Activation Form. For Loss of Life, the date of death as indicated on your accepted Benefit Activation Form.
Minimum Payment Benefit: During a Minimum Payment Benefit Period, your responsibility to make a minimum payment on your Account is eliminated (excluding any past due or over-limit amounts) as a result of your activation of a Benefit for Involuntary Job Loss, Disability Affecting Work (Disability), or Hospitalization. We will not bill your Account for Imagine Credit Protection Fees, and we will make any minimum payments due on your behalf during the Minimum Payment Benefit Period. However, finance charges will continue to accrue during the Minimum Payment Benefit Period. Any scheduled annual fee provided for in your Agreement will be deferred until the Minimum Payment Benefit Period has ended. Once the Minimum Payment Benefit Period has ended, the billing of Imagine Credit Protection Fees will resume and you will be obligated to repay the amount outstanding on your Account, including any past due or overlimit amounts and any charges posted during the Minimum Payment Benefit Period.
Minimum Payment Benefit Period: The period of time during which we will make minimum payments on your behalf. The Minimum Payment Benefit Period begins after approval of the Benefit Activation Form and will not exceed six (6) Billing Cycles for Involuntary Job Loss, Disability or Hospitalization.
Protected Balance: The outstanding balance of your Account as of an Event Date.
Protected Event: Loss of Life, Involuntary Job Loss, Disability or Hospitalization (as defined in Specific Conditions and Requirements for Each Protected Event section below), for which you are eligible to receive a Balance Cancellation Benefit or Minimum Payment Benefit under this Addendum.
Responsible Party: An individual designated and authorized to handle your financial matters.
3. Imagine CREDIT PROTECTION FEE. The Imagine Credit Protection Fee is $0.89 per $100.00 of your total outstanding balance (or 0.89% of your total outstanding balance) for Purchases and Cash Advances at the end of each monthly cycle for the billing cycle. The Imagine Credit Protection Fee will be shown on your Account billing statement and added to the outstanding balance due on your Account each Billing Cycle. If the total outstanding balance on your Account for Purchases and Cash Advances for a Billing Cycle is zero, no Imagine Credit Protection Fee will be imposed for that Billing Cycle. Your enrollment in Imagine Credit Protection will automatically renew each Billing Cycle, at 0.89% of your total outstanding balance (unless we have provided you written notice of an increase in the Imagine Credit Protection Fee pursuant to Section 8 below), unless you contact us to cancel. See Section 9 below. The monthly Imagine Credit Protection Fee is earned when billed.
4. SPECIFIC CONDITIONS AND REQUIREMENTS FOR EACH PROTECTED EVENT. To activate a Benefit for any Protected Event, you must meet the specific conditions and requirements for the Protected Event as described below and not be subject to any of the exclusions.
LOSS OF LIFE
|Definition:||Loss of life during the term of this Addendum.|
|Exclusions:||Loss of life because of suicide, intentional self-inflicted injury, or participation in criminal acts.|
|Benefit Provided:||Balance Cancellation Benefit of the lesser of your Protected Balance, your Credit Line, or $5,000.|
|Required Evidence of Protected Event:||Submission of the completed Benefit Activation Form along with a certified copy of the Primary Cardholder’s death certificate.|
INVOLUNTARY JOB LOSS
|Definition:||You can receive an Involuntary Job Loss Benefit if you are employed full-time (i.e., working at least thirty (30) hours per week) for at least ninety (90) consecutive days prior to the date of loss and subsequently become and remain totally and continuously unemployed during the term of this Addendum because of one of the following events:
(a) permanent involuntary termination of employment;
|Exclusions:||You cannot obtain an Involuntary Job Loss Benefit if your job loss is related to one of the following events:
(a) willful or criminal misconduct;
|Maximum Duration of Minimum Payment Benefit Period:||Up to six (6) Billing Cycles per continuous occurrence or until Involuntary Job Loss ceases, whichever occurs first; at least 365 days must elapse between the end of one Minimum Payment Benefit Period and the beginning of another to receive a subsequent Involuntary Job Loss Benefit from us under this Addendum.|
|Required Evidence of Protected Event:||Submission of the completed Benefit Activation Form along with the following:
You may be required to provide proof of your continuing Involuntary Job Loss at any time upon request of the Imagine Credit Protection Program Administrator.
|Definition:||You can receive a Hospitalization Benefit if you are a registered bed patient at a Hospital for at least one (1) overnight stay. Hospital includes: (i) a licensed medical facility, (ii) acute care facility, (iii) nursing home, (iv) hospice facility, (v) psychiatric facility, or (vi) rehabilitation facility.|
|Exclusions:||You cannot receive a Hospitalization Benefit if you are hospitalized for one of the following reasons:
(a) intentional self-inflicted injury or commission of a crime
|Maximum Duration of Minimum Payment Benefit Period:||Up to six (6) Billing Cycles per continuous occurrence or until medical condition ceases, whichever occurs first; at least 365 days must elapse between the end of one Minimum Payment Benefit Period and the beginning of another for medical condition.|
|Required Evidence of Protected Event:||Submission of the completed Benefit Activation Form, along with satisfactory evidence of the dates of the Hospitalization which must be signed by a licensed doctor of medicine or other licensed medical professional other than yourself or hospital discharge papers including such dates.|
DISABILITY AFFECTING WORK (DISABILITY)
|Definition:||You can receive a Disability Benefit if you become and remain unable to perform the major duties of your occupation during the term of this Addendum for thirty (30) consecutive calendar days as a direct result of bodily injury, sickness, disease or other cause.|
|Exclusions:||You cannot receive a Disability Benefit if your Disability is caused by intentional self-inflicted injury or commission of a crime.
You also cannot receive a Disability Benefit if:
|Benefit Activation Waiting Period:||Thirty (30) days from the Event Date of your Disability must elapse before you may activate this Benefit.|
|Maximum Duration of Minimum Payment Benefit Period:||Up to six (6) Billing Cycles per continuous occurrence or until Disability ceases, whichever occurs first; at least 365 days must elapse between the end of one Minimum Payment Benefit Period and the beginning of another for Disability|
|Required Evidence of Protected Event:||Submission of the completed Benefit Activation Form, along with a document signed by a licensed doctor of medicine or other licensed medical professional other than yourself stating the: (i) initial onset of the disability; (ii) expected duration of the disability; and (iii) a statement that you are unable to perform your regular occupational duties.|
5. GENERAL CONDITIONS AND REQUIREMENTS APPLICABLE TO ALL PROTECTED EVENTS.
5.1 General Activation Requirements. You or a Responsible Party must notify us of the occurrence of a Protected Event in accordance with all applicable guidelines. Benefits are contingent upon (i) your active enrollment in Imagine Credit Protection (including your satisfactory payment of the Imagine Credit Protection Fee), (ii) the occurrence of a Protected Event, (iii) your compliance with applicable activation requirements and (iv) the expiration of any applicable waiting period for Benefit activation.
5.2 No Addendum Waiting Period. A Benefit may be activated for any Protected Event occurring after your Enrollment Date.
5.3 Benefit Activation. To request activation for a Protected Event, you must contact Imagine Credit Protection and request a Benefit Activation Form. You may call the Imagine Credit Protection Program toll free at 1-866-705-3585, Monday through Sunday from 8:00 a.m. to 12:00 a.m. Eastern Time. Written requests for Benefit Activation Forms should be sent via U.S. mail to Imagine Credit Protection, P.O. Box 105415, Atlanta, GA 30348-5415 or firstname.lastname@example.org. You or a Responsible Party and any other required persons or officials must complete the Benefit Activation Form as required for the applicable Protected Event. We may not activate a Benefit until the Benefit Activation Form is completed by all required parties and returned to Imagine Credit Protection with the required documentation. You will forfeit the right to any Benefit for that particular Protected Event if you or a Responsible Party fail to request the Benefit Activation Form and provide the Program Administrator with the completed Benefit Activation Form and any required documents or required evidence of any Protected Event within 90 days of the Event Date. If you elect to terminate a Benefit early, you forfeit the right to any further Benefit for Protected Event.
PLEASE NOTE. The timing of the application of a Balance Cancellation Benefit or Minimum Payment Benefit to your Account will be based on your submission and our approval of the Benefit Activation Form. To avoid additional Finance Charges and Late Payment Fees on your Account, you or a Responsible Party must continue to make the scheduled Minimum Payments on your Account, until your request for a Protected Event is approved and a Benefit is activated.
6. GENERAL LIMITATIONS ON BENEFITS, MULTIPLE PROTECTED EVENTS AND MULTIPLE OCCURRENCES.
6.1 General Limitations and Monetary Limitations on Benefits. Your Account must have an outstanding balance to activate a Benefit under this Addendum. No amounts will be paid directly to you. There are specific monetary limits for Loss of Life listed in Section 6.2 below.
6.2 Limitations on Balance Cancellation Benefits. For Loss of Life, the only Benefit provided is a Balance Cancellation Benefit.
6.3 Limitations on Minimum Payment Benefit. The only Benefit provided for Involuntary Job Loss, Disability, or Hospitalization is a Minimum Payment Benefit.
- During the Minimum Payment Benefit Period, your responsibility to make a Minimum Payment on your Account is eliminated (excluding any past due or overlimit amounts) as a result of your activation of a Benefit for Involuntary Job Loss, Disability, or Hospitalization. This means that any minimum payment made on your Account will not cover any past due or overlimit amounts. We will not bill your Account for Imagine Credit Protection Fees, and we will make any minimum payments due on your Account during the Minimum Payment Benefit Period. However, Finance Charges will continue to accrue during the Minimum Payment Benefit Period. Any scheduled Annual Fee provided for in your Agreement will be deferred until the Minimum Payment Benefit Period has ended. During a Minimum Payment Benefit Period, your ability to make Purchases, take Cash Advances, or have any transactions (including preauthorized debits) charged to your Account will be suspended.
- If your Account is thirty (30) days or greater past due when a Benefit for Involuntary Job Loss, Disability or Hospitalization is activated, you will not be eligible to activate a Benefit for any other Protected Event that provides a Minimum Payment Benefit during the same Enrollment Year, if your Account is thirty (30) days or greater past due at the time of the second request. For example, if you enroll in Imagine Credit Protection on October 1, 2022 and activate a Benefit for Hospitalization in November 2022 at a time when your Account is greater than thirty (30) days past due, you may not request Benefit Activation for Involuntary Job Loss, or Hospitalization until either October 2, 2023 (the start of a new Enrollment Year) or the date your Account status is brought current.
- When a Minimum Payment Benefit Period ends, the normal terms of your Agreement will apply, Minimum Payments will be required from you, Imagine Credit Protection Fees and other Account fees will be charged, and Finance Charges will continue to accrue. Following a Minimum Payment Benefit Period, you must first make a minimum payment before you will be allowed to use your Account for new Purchases, Cash Advances or pre-authorized debit transactions.
6.4 Multiple Protected Events and Multiple Occurrences. You may only activate and receive a Benefit for one Protected Event at a time under this Addendum, except in the event of Loss of Life. The occurrence of simultaneous Protected Events only entitles you to one Balance Cancellation Benefit or Minimum Payment Benefit Period. For Involuntary Job Loss, Disability and Hospitalization, at least 365 days must elapse between the end of one Minimum Payment Benefit Period and the beginning of another for the same type of Protected Event. However, if you have already activated a Benefit for a Protected Event and Loss of Life occurs during the Minimum Payment Benefit Period, your Account will remain eligible to activate a Balance Cancellation Benefit for Loss of Life.
7. POSSIBLE TAX CONSEQUENCES. The Benefits provided under this Addendum may be taxable to you or your estate as income. This means that you may be required to pay federal and/or state income tax on the Benefits provided. We will NOT pay any income tax owed by you or your estate. You (or any Responsible Party) should consult your own tax advisor regarding the consequences of any Benefits received under this Addendum.
8. CHANGES TO THIS ADDENDUM. We may, at any time, change or remove any of the terms and conditions of, or add new terms or conditions to, this Addendum, including increasing the amount of the Imagine Credit Protection Fee, by giving you written notice of the effective date of each change. You will have the option to cancel your Imagine Credit Protection without penalty before each announced change goes into effect.
9. TERMINATION OF ADDENDUM. Either you or we may voluntarily cancel this Addendum at any time upon written notice to the other party. If a Protected Event occurs while the Program and this Addendum are in effect and the Addendum is later terminated, the Protected Event is subject to the coverage guidelines outlined in this Addendum provided the Event Date occurred prior to the date of termination. If you cancel Imagine Credit Protection within sixty (60) days of your Enrollment Date, you may receive a credit to your Account for all Imagine Credit Protection Fees paid during the first sixty (60) days. If you cancel after thirty (30) days, you will no longer be billed the Imagine Credit Protection Fee, beginning on the first day of the Billing Cycle after you notify us of your decision to cancel at 1-866-705-3585 or via U.S. mail at: Imagine Credit Protection, P.O. Box 105415, Atlanta, GA 30348-5415. We may cancel this Addendum on the earliest of the following dates (and thereafter no further Benefit will be provided):
- The date you default under the terms of your Agreement;
- The date after which two (2) consecutive minimum payments have not been paid when due;
- The date you move to a state where Imagine Credit Protection is not available; or
- The date we elect to terminate the Program or, by advance notice, terminate further Benefits for your Account. If we terminate the Program, you will not be charged the Imagine Credit Protection Fee in the Billing Cycle in which the termination occurred.
10. ADDENDUM SUPPLEMENTS CARDHOLDER AGREEMENT AND IS SUBJECT TO ARBITRATION PROVISION. This Imagine Credit Protection Plan Addendum supplements the terms of your Imagine Cardholder Agreement and, as such, is subject to the Arbitration Provision (unless you have rejected it or are a “covered borrower”) and other provisions in your Imagine Cardholder Agreement, including the sections entitled Consent to Receive Electronic Disclosures, Monitoring and Recording, Communication with You and Information Sharing.
We may modify this Agreement from time to time. You agree to any changes to this Agreement by using the Site after changes to the Agreement have been posted.
Please read this Agreement carefully and print it for your records.
Products and Services on this Site
You understand and agree that WebBank is the creditor for all Imagine® products available through this Site. Any other products or services advertised on this Site are offered by and remain the sole responsibility of the respective product vendors or service providers (“Suppliers”). We, WebBank and Suppliers are not your agents.
This Site is a free service provided to you in connection with Imagine® programs. We may, from time to time, receive compensation from Suppliers for goods, facilities and services that we may provide to them under separate contract. Such goods, facilities or services may or may not relate in any way to your use of the Site. You agree to any such compensation arrangement whether or not related in any way to your use of the Site.
Use of this Site is void where prohibited. By using this Site, you represent and warrant that (i) all information you submit on this Site is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) you are 18 years of age or older and located in the United States. This Site does not knowingly collect personal information on anyone under the age of 13. Your eligibility for particular products and services is subject to our final determination, restrictions and acceptance.
Site Use and Access
We grant you permission to use the Site as set forth in this Agreement. You are responsible for all of your activities related to your use of the Site. You agree not to use this Site for any unlawful or unauthorized purpose. You may not use or attempt to use the Site in any way that: (i) causes you or us to violate any law or regulation or to infringe on any right of any third party; (ii) inhibits use of the Site by other users or interferes with the operation of the Site or our networks; or (iii) misuses a function available on the Site or attempts to circumvent any security features of the Site. You may not use or attempt to use the Site to: (i) post, store, transmit, or offer illegal, offensive, threatening, pornographic or defamatory materials; (ii) post, store or transmit any viruses, worms, Trojan horses or other harmful or disruptive components; or (iii) harvest, collect or mine information about us or other users of the Site. You may not use the Site in any way that we, in our sole discretion, determine to be an objectionable use of the Site.
To access certain features of the Site, you may have to create an account. You are solely responsible for the activity that occurs on your account and you must keep your password secure. You should notify us immediately of any unauthorized use of your online account by contacting us at 1-800-884-1723. We and WebBank are not liable for losses caused by unauthorized use of your account.
Your access to and use of our Site, including an online account, may be interrupted from time to time for any reason, including, but not limited to, (i) the malfunction of equipment, (ii) periodic updating, (iii) maintenance or repair of the Site; (iv) any other action that we or WebBank elect to take; or (v) any other interruptions outside our control. We or WebBank may limit, suspend or discontinue the availability of the Site, in whole or in part, including an online account, at any time without prior notice.
Limitation of Liabilities and Warranties
To the extent permitted by applicable law, the Site is provided AS IS and neither we nor WebBank assume any responsibility for any failure in providing the Site to you. We and WebBank strive for the information on this Site to be accurate and complete but neither we nor WebBank make any representation or warranty regarding the accuracy or completeness of any information provided on or through the Site and shall not be responsible if errors occur. WE AND WEBBANK DISCLAIM ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, RELATED IN ANY WAY TO THIS SITE, TO THE FULLEST EXTENT OF THE LAW. USE THIS SITE AT YOUR OWN RISK. NEITHER WE, WEBBANK, ANY SUPPLIER, NOR ANY COMPANY THAT SUPPORTS THIS SITE (INCLUDING EACH’S OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES AND AGENTS) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN ANY WAY ARISING OUT OF, OR CONNECTED TO, THE USE OF OR ANY INABILITY TO USE THIS SITE OR FOR ANY ERROR OR DELAY IN THE TRANSMISSION OF INFORMATION TO, FROM OR THROUGH THIS SITE.
As a condition of your use of this Site, you agree to defend, indemnify and hold us, WebBank and any company that provides services to support this Site (including their officers, members, directors, employees and agents), from and against any and all claims, damages, liabilities, losses, costs or expenses (including attorneys’ fees) arising out of, relating to or resulting from (i) your use or attempted use of this Site, (ii) your violation of this Agreement and (iii) your violation of any third-party right, including without limitation any copyright, property or privacy right. This provision will survive the termination of this Agreement and the termination of your use of the Site.
Governing Law and Other Terms
This Agreement is subject to and is to be construed in accordance with the laws of the State of Georgia, without regard to internal principles of conflicts of laws, and applicable Federal law of the United States of America. You consent to the exclusive jurisdiction of the federal and state courts located in the State of Georgia, for any and all disputes arising out of this Agreement. You may not use this Site in any jurisdiction that does not give effect to each and every provision of this Agreement. This Agreement constitutes the entire agreement between you and us and supersedes any and all prior or contemporaneous agreements, whether oral, written or electronic, between us. The headings used in this Agreement are for the convenience of reference only and are not intended to define or describe the scope or intent of any portion of this Agreement. In the event that any provision of this Agreement is determined to be invalid or unenforceable for any reason, then such provision should be deemed to be reformed to match as closely as possible the intent of the original provision and all other provisions of this Agreement shall remain in effect. Any bona fide printed or electronic version of this Agreement shall be admissible in any proceeding before a court, arbitrator or other authority.
Copyrights and Trademarks
All contents of this Site are Copyright © 2023 Atlanticus Services Corporation. All Rights Reserved. You acknowledge that the Site, including all content names, trademarks, text, graphics, logos, images, software used in connection with the Site and any product, service or information available through this Site (collectively, “Materials”) are the property of their respective owners and protected by applicable intellectual property and other laws. You are granted a limited, non-sublicensable right to access the Site and Materials for your personal non-commercial use only. Materials may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold or licensed or otherwise exploited for any purpose without the prior written consent of the respective owners. You agree not to modify, use, copy or distribute any Materials other than as expressly permitted in this Agreement or by the owner for any commercial purposes. You are not granted any licenses, express or implied, or any other rights in or to the Materials except as expressly authorized by these Terms.
WEBSITE PRIVACY AND SECURITY POLICY
Last Updated: 03/21/2023
This website and its related pages where this Website Privacy & Security Policy is posted, is offered to you (the user of this website), conditioned on your acceptance, without modification, of the terms, conditions and notices contained in this Website Privacy and Security Policy (this “Agreement”). Your use of this website constitutes your agreement to the terms, conditions and notices from time to time set forth at this page. As used herein, “we”, “our” or “us” refers to Atlanticus Services Corporation, which, along with our affiliates and wholly-owned subsidiaries (collectively, the “Servicer”), is responsible for the Website Privacy and Security Policy for the website as program manager for WebBank (“WebBank”), the issuer of the Imagine Credit Card.
We are committed to protecting your privacy. We recognize the importance of safeguarding and respecting your privacy, and accordingly have adopted this Agreement to serve as the basis for our policies and procedures. This Agreement demonstrates our commitment to providing privacy and security protection to visitors of our website. This Agreement is designed to assist you in understanding how we collect, use and safeguard personal information you may provide to us or to others through this website and to assist you in making informed decisions when using this website.
What Information Do We Collect?
When you visit our website you may provide two types of information: (1) personal information you knowingly choose to disclose which is collected on an individual user basis and (2) website use information collected on an aggregate basis as you and others browse our website.
Personal information that we collect may include identifying information, contact information, financial information, and other information which you voluntarily submit to us.
If you choose to correspond through email, we may retain the content of your email messages together with your email address and all responses sent through our website. We provide the same protections for these electronic communications as we employ in the maintenance of information received by mail and telephone.
How Do We Use Information We Collect From Cookies and Web Server Logs?
Similar to other commercial websites, our website utilizes a standard technology called “cookies,” web server logs and Google Analytics to collect information about how our website is used.
“Cookies” are a feature of web browser software that allows web servers to recognize the computer used to access a website. Cookies are small pieces of data that are stored by a user’s web browser on the user’s hard drive. Cookies can remember what information a user accesses on one web page to simplify subsequent interactions with that website by the same user or to use the information to streamline the user’s transactions on related web pages. This makes it easier for a user to move from web page to web page and to complete commercial transactions over the Internet. Cookies should make your online experience easier and more personalized.
These technologies also permit us to deliver focused messages or other such responses to you while you are visiting our website or to provide advertising to you when you are visiting other sites. Any such offers, from WebBank or third parties sponsored or approved by WebBank, will be provided in accordance with the respective sender’s privacy notice and any preferences that you have previously provided to that sender. We may allow other parties to collect personally identifiable information about your online activities over time and across different websites when you use our website.
This website does not respond to browser “Do Not Track” signals.
How Do We Use the Other Information that You Provide To Us?
We use the personal information that you provide to us in order to carry out the purpose for which it was provided, as well as any other purposes for which you consent. We may also use your personal information to perform services for you, maintain or service any accounts you may have with us, provide customer service, process your transactions, verify your identity, offer advertising or marketing content, conduct website analytic, improve our products, services, or customer experiences, protect against and detect any security incidents or other illegal activities, comply with legal requirements, and engage in other legitimate business activities.
When providing personally identifying information to us, such as by email correspondence with us or by entering information into this website, we may use the information we collect to notify you about important changes to our website.
How Do We Secure Information Transmissions?
When you send personal credit account information through our website, secure server software, which we have licensed with Secure Socket Layer (SSL) or Secure Electronic Transaction (SET) protocol, encrypts all information you input before it is sent. The information is scrambled en route and decoded once it reaches its destination. Other email that you may send to us may not be secure unless we advise you that security measures will be in place prior to you transmitting the information. For that reason, we ask that you do not send us confidential information such as Social Security or account numbers through an unsecured email.
How Do We Protect Your Information?
The Servicer uses sophisticated secure technology to protect personal information. Although we have taken reasonable measures to provide for the security of certain information that you send to our website, we cannot guarantee that this information will not be intercepted or decrypted by others. We accept no responsibility for such interception or decryption.
Information Security. We utilize Secure Socket Layer (SSL) and Transport Layer Security to safeguard the confidentiality of personal information from unauthorized access or disclosure and accidental loss, alteration or destruction.
Evaluation of Information Protection Practices. Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality and quality of our information.
Employee Access, Training and Expectations. We are committed to the protection of information. In general, our business practices limit employee access to confidential information and the use and disclosure of such information to authorized persons, processes and transactions. We train and expect our employees to comply with all of policies and procedures to protect the privacy and security of your information.
Do We Disclose Information to Outside Parties?
We will provide information about you, website traffic patterns and related website information to our affiliates and/or third parties (including WebBank), as allowed by law, as well as to any service providers acting on our behalf. We also may disclose information to facilitate any of the uses as described in the section of this document titled How Do We Use the Other Information that You Provide To Us? above.
We do not transfer nonpublic personal information to unaffiliated third parties except as described in this Agreement or as permitted by law.
California Privacy Rights
How Do We Protect Children?
We do not knowingly solicit data from or knowingly market to children. Our website is directed to adult consumers. Parents can use various readily available software packages to prevent their children from accessing websites which they deem to be inappropriate. Parents can choose to utilize other methods to limit the websites to which their children have access. If you are under 13 years old, you must immediately cease any access or use of this website. If you believe that we may have inadvertently collected any personal information from someone under 13 years old, please contact us so that we can delete any such personal information.
What About Legally Compelled Disclosure of Information?
We may disclose information when legally compelled to do so; in other words, when we, in good faith, believe that we are required to do so or for the protection of our legal rights and as otherwise required by law (such as to respond to the governmental inquiries of WebBank’s regulators).
What About Other Websites Linked to the Websites that we Service?
We are not responsible for the information practices employed by websites linked to or from our website. Often links to other sites are provided solely as pointers to information on topics that may be of interest to the users of our website.
Please remember that when you use a link to go from our website to another website, the Website Privacy and Security Policy is no longer in effect. Your browsing and interaction on any other website, including websites which have a link on our website, are subject to such other website’s rules and policies. Please read over their rules and policies before proceeding.
By using our website, you consent to our collection, use and disclosure of your information as described in this Agreement. If we change this Agreement for any reason, we will post the changes on our website. Unless otherwise stated, any modifications to this Agreement are immediately effective after they have been posted, as indicated by the “Last Updated” date located at the beginning of this Agreement.
You may contact us by email with questions about this Agreement at email@example.com.
Copyright ©2023 Atlanticus Services Corporation. All Rights Reserved. Users of this site agree to be bound by the terms of the Website Privacy and Security Policy. We will notify you as required by applicable law of any changes to the Website Privacy and Security Policy.
Under the CCPA, ‘Personal Information’ is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked directly or indirectly with a particular California resident or household. The CCPA, however, does not apply to certain information, such as information collected, used, or disclosed pursuant to the Gramm-Leach-Bliley Act (“GLBA”) or the federal Fair Credit Reporting Act (“FCRA”).
Keeping Personal Information secure is one of our most important priorities. Consistent with our obligations under applicable laws and regulations, we maintain physical, technical, electronic, procedural and organizational safeguards and security measures that are designed to protect Personal Information against accidental, unlawful, or unauthorized destruction, loss, alteration, disclosure, or access, whether it is processed by us or elsewhere.
Collection of Personal Information
- Category A: Identifiers, such as name and government-issued identifier (e.g., Social Security number);
- Category B: Personal information, as defined in the California safeguards law (Cal. Civ. Code § 1798.80(e)), such as contact information and financial information;
- Category C: Characteristics of protected classifications under California or federal law, such as sex and marital status;
- Category D: Commercial information, such as transaction information and purchase history;
- Category E: Internet or network activity information, such as browsing history and interactions with our website;
- Category F: Geolocation data, such as device location and Internet Protocol (IP) location;
- Category G: Audio, electronic, visual and similar information, such as call recordings;
- Category H: Professional or employment-related information, such as work history and prior employer; and
- Category I: Inferences drawn from any of the Personal Information listed above to create a profile about, for example, an individual’s preferences and characteristics.
Sources from which Personal Information is Collected
The categories of sources from whom we have collected and may collect this Personal Information are:
- Directly from a California resident or the individual’s representatives;
- Service providers, consumer data resellers and other third parties;
- Public record sources (federal, state or local government sources);
- Information from our affiliates; and
- Website, mobile app and social media activity.
Third Parties with whom Personal Information is Shared
The categories of third parties to whom we have disclosed and may disclose Personal Information for our business purposes and the categories of Personal Information shared with such third parties are:
- Vendors and service providers who provide technology-related services, such as data storage, digital communications, website hosting, back office programs, data security and audit, and other information technology and related infrastructure (Personal Information Categories A through I listed above);
- Third parties who facilitate providing products and services to our customers, such as transaction and payment processors, financial institutions, call centers, customer and account management systems, collections service providers, data analysis service providers and marketing communications service providers (Personal Information Categories A, B, C, D, E, G, H and I);
- Professional services providers, such as tax and accounting professionals, legal professionals, auditors, marketing professionals and other consultants (Personal Information Categories A, B, C, D, E, G, H and I);
- Other third parties who enable customers to conduct transactions online and via mobile devices (Personal Information Categories A, B, C, D and F); and
- Courts and government agencies (Personal Information Categories A, B, C, D, E, F, G, H and I).
Use of Personal Information
In the past 12 months, we have used Personal Information relating to California residents to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives, including the following:
- Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing marketing services, or providing similar services;
- Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
- Short-term, transient use, where the information is not disclosed to a third party and is not used to build a profile or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction;
- Auditing related to a current interaction and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions and auditing compliance with this specification and other standards;
- Undertaking activities to verify or maintain the quality or safety of a service controlled by us and to improve, upgrade, or enhance the service controlled by the business;
- Debugging to identify and repair errors that impair existing intended functionality;
- Undertaking internal research for technological development and demonstration; and
- Complying with laws and regulations and complying with other legal process and law enforcement requirements (including any internal policy based on or reflecting legal or regulatory guidance, codes or opinions).
Sale of Personal Information
Rights under the CCPA
Right to Request Access. You have the right to request that we disclose your Personal Information that we collect, use, and/or disclose to third parties. If you make an access request, you will receive the following information about you:
- Categories of Personal Information collected;
- Categories of sources from which Personal Information are collected;
- Specific pieces of Personal Information collected about you;
- Business or commercial purpose for collecting or selling Personal Information;
- Categories of third parties with whom we share Personal Information; and
- Categories of third parties to whom your Personal Information is sold, if applicable.
This information will be provided free of charge, unless we determine that your request is manifestly unfounded or excessive. You may request this information twice in any 12-month period. This right to request access is subject to certain restrictions and is not available to consumers who have requested information about, applied for, or maintain business credit accounts with us.
Right to Request Deletion. You have the right to request that we and our service providers delete any Personal Information about you that we have collected from you upon receipt of a verifiable request. This right is subject to the same exceptions as for Right to Access requests.
Submitting Access or Deletion Requests. You can submit your request by calling us toll-free at 877-681-4060 or contacting us online at firstname.lastname@example.org. We will acknowledge receipt of your request within 10 business days and advise you how long we expect it will take to respond if we are able to verify your identity. We will work to process all verified requests within 45 calendar days pursuant to the CCPA. If we need an extension for up to an additional 45 calendar days in order to process your request, we will provide you with an explanation for the delay.
Verifying Access or Deletion Requests. To verify a California Consumer’s identity, we may request up to three pieces of Personal Information about you when you make a request to compare against our records. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity. This process is for your protection. An authorized agent may submit a request on your behalf, in which case we may require proof of your authorization and verification of their identity directly from you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information that you provide in your request to verify your identity. We reserve the right to take additional steps as necessary to verify your identity if we have reason to believe a request is fraudulent.
If we are not able to honor your request, we will let you know the reasons why in our response. Situations where we may not be able to honor your request include:
If we cannot verify your identity or if we cannot verify that you have the authority to make a request on behalf of another individual;
If an exception to the access or deletion right under the CCPA applies, such as when the disclosure of Personal Information would adversely affect the rights and freedoms of another consumer, or when the requested Personal Information is not subject to the CCPA’s access or deletion rights; and
If your request involves disclosure of social security numbers, driver’s license numbers or government issued identification numbers, financial account numbers, health care or medical identification numbers, account passwords or security questions and answers, or any specific pieces of information, and the requested disclosure presents the possibility of unauthorized access that could result in identity theft or fraud or unreasonable risk to data or systems and network security.
Right to Non-Discrimination. We will not discriminate against you because you exercised any of your rights, such as by:
- Denying products or services to you;
- Charging different prices or rates for products or services, including through the use of discounts or other benefits or imposing penalties;
- Providing a different level or quality of products or services to you; or
- Suggesting that you will receive a different price or rate for products or services or a different level or quality of products or services.
Questions or Concerns
Last updated March 2023
VANTAGESCORE 4.0 SUMMARY TERMS AND CONDITIONS
You (the primary Imagine Credit Card accountholder) acknowledge that by agreeing to these terms and conditions, you are:
- Providing written instructions under the Fair Credit Reporting Act for the issuer of your Imagine Credit Card, WebBank, to provide you with your VantageScore 4.0 credit score from TransUnion and other information from your personal credit profile [or other relevant information from one or more of the three national credit bureaus – Experian, Equifax, or TransUnion
– or their affiliates and subsidiaries] in connection with your Imagine Credit Card account;
- Authorizing WebBank to provide you with this information on an ongoing basis; and
- Acknowledging that if you provide your User ID and password to someone else, they will be able to access your credit score.
This service is subject to credit score availability and WebBank provides access to your credit score at its own discretion. Credit score access is not a permanent feature of your account and may be discontinued at any time. Only you, the primary ImagineCredit Card accountholder, may authorize this request and only your credit score is available through this program.
The credit score provided is the VantageScore 4.0 credit score from TransUnion and may be different from other credit scores. VantageScore 4.0 is a registered trademark of VantageScore Solutions, LLC. Your VantageScore 4.0 credit score falls into a range from 300 to 850 and is offered solely for your own non-commercial, personal review and benefit. Your VantageScore 4.0 credit score is not an endorsement or a determination of your qualification for a loan or credit. WebBank and other creditors may use different credit scores and other information to make credit decisions.
TransUnion is not affiliated with WebBank. WebBank does not guarantee the accuracy of any information provided by Equifax and is not responsible for the actions of any third parties.
You can request a free copy of your credit report from each of the three major U.S. consumer reporting agencies, including TransUnion, once every 12 months by going to www.annualcreditreport.com. If you find an inaccuracy in your credit report, you may dispute it by contacting the consumer reporting agency involved.
WebBank does not provide “credit repair” services or advice and is not a “credit repair organization” as defined under federal or state law, including the federal Credit Repair Organizations Act.
There is no fee for this service. Credit scores for new cardholders become available approximately 60 days after a your account is activated.