Corporate Visa Credit Card

SUNFLOWER BANK, N.A. VISA® CORPORATE ACCOUNT-OPENING DISCLOSURE STATEMENT

Sunflower Bank, N.A. VISA® CORPORATE Account-Opening Disclosure Statement
Interest Rate and Interest Charges as of November 2018
 
Annual Percentage Rate (APR) for Purchases

6.65% 

This APR will vary with the market based on the Prime Rate.*
APR for Balance Transfers 6.65%
This APR will vary with the market based on the Prime Rate.*
APR for Cash Advances 6.65%
This APR will vary with the market based on the Prime Rate.*
How to Avoid Paying Interest on Purchases 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.
Minimum Interest Charge If you are charged interest, the charge will be no less than $0.01
 
Annual Fees NONE
Transaction Fees
  • Balance Transfer
  • Cash Advances
  • Foreign Transaction

NONE
$10.00 or 3.0% of the amount advanced, whichever is greater.
1.0% of the purchase amount
Penalty Fees
  • Late Payment
  • Over-the-Credit-Limit
  • Returned Payment

Up to $19.00
Up to $19.00
Up to $25.00
Other Fees
  • Expedited Delivery Fee
  • Pay By Phone Fee

$15.00 
$10.00 

*Prime Rate and Margin: The variable APR is based on the Prime Rate Index. The Prime Rate Index used to determine your APR is the prime rate published in the Wall Street Journal on the 1st day of the prior month. Your APR may change monthly. The APR will be determined by adding the margin of 0.65% to the value of the Index. The minimum APR on your account is 6.65%.

How We Will Calculate Your Balance: We use a method called “average daily balance (including new purchases).” See your Credit Card Account and Security Agreement for more details.


 VISA® CORPORATE Credit Card Account and Security Agreement
 

This Credit Card Account and Security Agreement (“Agreement”) is the contract that governs the use of your Sunflower Bank, N.A. or First National 1870, a division of Sunflower Bank, N.A. VISA® CORPORATE Credit Card Account (“Account”).  The parties to this Agreement are Sunflower Bank, N.A., P.O. Box 800, Salina, Kansas 67402-0800 (“we”, “us”, and “our”), and the Business and Authorized Cardholders (“you” and “your”). 
 
This Agreement contains the terms and conditions that bind the Business and Authorized Cardholders.  You accept the terms of this Agreement by opening or using your Account.  Please read this Agreement carefully and save it for future reference.

 
  1. DEFINITIONS: For purposes of this Agreement, the following terms have the meanings specified below:
  • Account:  The credit card account(s) we establish for the Business under this Agreement.
  • Authorized Cardholder:  Each of the Business’ employees or agents to whom a Card is issued, and any other person that the Business or a Card-holding employee or agent of the Business allows to use a Card or the Account.
  • Billing Cycle: The interval between statements. Each statement shows a closing date. The statement closing date is the last day of the Billing Cycle for that statement.
  • Business: Each individual and/or entity that applied for or otherwise agreed to be responsible for the Account, including each Guarantor.
  • Card: The credit card we may issue to use your Account.
  • Foreign Transaction: Any transaction made in a foreign currency, and any transaction made in U.S. dollars and processed outside of the United States. Foreign transactions include, for example, online purchases from foreign merchants and cash advances obtained from an ATM or financial institution in another country.
  • Guarantor: Each person that has guaranteed payment and performance of your obligations under this Agreement.
  • Important Terms of Your Credit Card Account: A summary of your Account’s Annual Percentage Rates (“APR(s)”), fees and other important information as set forth in the Sunflower Bank, N.A. VISA® CORPORATE Account-Opening Disclosure Statement, as well as any addendums, amendments, and modifications thereto.
  • New Balance: The Outstanding Balance as of a statement closing date.
  • Outstanding Balance: The sum of all unpaid amounts, including purchases, balance transfers, cash advances, interest, fees and any other amounts that you may owe us.
  • Payment Address: The address where you mail your payment. It is located on your Payment Stub.
  • Payment Due Date: The date the Minimum Payment Due is due to us. It is shown on your statement.
  • Payment Stub: The portion of your statement that is to be returned with your payment.
 
Capitalized terms used elsewhere in this Agreement have the meanings ascribed to them herein.

2. ISSUANCE OF CARDS; AUTHORIZED CARDHOLDERS; BILLING OPTIONS:  At the Business’ request, we may issue Cards to Authorized Cardholders. All Cards must be signed immediately upon receipt by the Authorized Cardholders, but all Cards remain our property and must be surrendered to us upon demand.  Unless the Business requests otherwise, each Card will be sent to the Authorized Cardholder’s designated address. The Business is solely responsible for distributing any Cards sent to the Business and for safeguarding them following receipt. The Business acknowledges that the Cards are for the Authorized Cardholders only. Unless the Business notifies us otherwise in writing, the Business authorizes and directs us to issue renewal or replacement Cards to each Authorized Cardholder on or before the expiration of each Card. You acknowledge and agree that Cards are not assignable or transferable, by operation of law or otherwise.
 
The Account will include a sub-account for each Authorized Cardholder (a “Cardholder Account”). The name of the Authorized Cardholder and Cardholder Account number (the “Cardholder Account Number”) will be imprinted on the Card issued for a Cardholder Account, along with the Business’ name. The Business may elect to have each Cardholder Account billed individually to the Authorized Cardholder (“Individual Billing“) or to have billings sent to the Business (“Corporate Billing”). Under either billing program, the Business is liable for all payments due in connection with the Account and the Cardholder Accounts, according to the terms of this Agreement.

3. USE OF THE ACCOUNT: The Account and each Cardholder Account are to be used solely for business purposes (and not for any personal, family or household purpose), and the Business agrees to so advise each Authorized Cardholder. The Business’ obligations under this Agreement, however, shall not be affected or limited if any balances are incurred for non-business purposes.  We may deny transactions or authorizations if you are delinquent, if we suspect fraudulent activity, or for any other reason. In addition, we reserve the right to deny transactions or authorizations from merchants apparently engaging in the Internet gambling business or identifying themselves through the Card transaction record or otherwise as engaged in such business. We are not responsible if anyone does not allow you to use your Account or Card.  Except as otherwise provided by law, we are not responsible in any way for the manner in which the Card is utilized.
 
4. PROMISE TO PAY: Use of the Sunflower Bank, N.A. VISA® CORPORATE Credit Card or Account by you or any Authorized Cardholder shall indicate that you have agreed to and promise to pay all amounts due in accordance with the terms of this Agreement.  We may limit or close your Account, for any reason, but the terms of this Agreement will apply until you pay the Account in full.  You understand, agree, and promise to pay the New Balance on the Account, in full, on or before the Payment Due Date as set forth in each statement that we send to you.
 
5. CREDIT LIMIT: We may assign the following limit(s) to your Account:
  • Account Credit Limit: This is the maximum amount of credit we will extend to your Account.  The sum of the Cardholder Account Credit Limits may not exceed this Account Credit Limit.
  • Cardholder Account Credit Limit: This is the maximum amount of credit available on each Cardholder Account.
  • Balance Transfer Credit Limit: If requested by you, and approved by us, a portion of the Account Credit Limit and Cardholder Account Credit Limit that is available for balance transfers.
  • Cash Advance Credit Limit: If requested by you, and approved by us, a portion of the Account Credit Limit and Cardholder Account Credit Limit that is available for cash advances. 
The Cardholder Account Credit Limits are provided with each Card and on each of the statements. You promise to use the Account and Cardholder Accounts only to the applicable limit(s). If you exceed any of the limit(s), we may authorize the transaction without increasing your limit(s). If you exceed your limit(s), you will remain liable for all amounts payable under this Agreement. We can adjust your limit(s) at any time.

6. CONTACTING US: Unless otherwise stated in this Agreement, you may contact us at the phone number or address shown on your statement, at one of our branch locations, or by calling our Customer Care Center at 1-888-827-5564. 

7. FEES: You agree to pay the following fees. You will find the fee amounts in the Important Terms of Your Credit Card Account.
  • Cash Advance Fee: This fee may be charged each time you take a cash advance.  This fee will be charged to your cash advance balance.
  • Late Payment Fee: This fee may be charged each time we do not receive the Minimum Payment Due by the Payment Due Date.
  • Over-the-Credit-Limit Fee: This fee may be charged when your Outstanding Balance exceeds your Credit Limit.
  • Returned Payment Fee: This fee may be charged when a payment is dishonored the first time or is returned unpaid. This fee will also apply if a debit transaction to a deposit account from which you have authorized us in writing, electronically, or orally to periodically deduct all or part of an amount you owe us under this Agreement is returned unpaid.
  • Expedited Delivery Fee:  This fee may be charged if you request to have your Card delivered to you by expedited mail delivery.
  • Pay by Phone Fee: This fee may be charged each time you initiate a payment on your Account via a live telephone operator.
  • Foreign Transaction Fee: This fee may be charged when you use your Card on Foreign Transactions.  The fee will be assessed on the U.S. dollar amount of the transaction. 
8. REGULAR INTEREST RATES AND CHARGES: The provisions in this paragraph apply if the Account is in good standing, and there have been no events of default.  The APRs used to figure interest on balances are shown in the Important Terms of Your Credit Card Account.  The Monthly Periodic Rate and corresponding APR applied to the balance subject to an Interest Charge for purchases, balance transfers, and cash advances is a variable rate that may change monthly and will either increase or decrease with changes in an Index as described below.  The Monthly Periodic Rate is 1/12th of the corresponding APR and is used to calculate the Interest Charges for each Billing Cycle.  For purposes of this Agreement, the Prime Rate is the highest rate of interest listed as the “Prime Rate” in the Money Rates section of the Wall Street Journal on the first day of the prior month.  The Index value used for a Billing Cycle is the Prime Rate as published on the last day of the prior Billing Cycle.  If the Index is not published on that day, the most recent published value will be used.  If the Wall Street Journal ceases as a publication, we reserve the right to use the Prime Rate published by any other newspaper of general circulation.  The APR is calculated by adding 0.65% to the Index value stated above.  If the Prime Rate increases, your APR may increase.  In that case, you may pay more interest and have an increased payment and/or an increase in the number of payments it will take to pay the balance due. Notwithstanding any other provision in this Agreement, however, the minimum APR on your Account is 6.65%.

9. MINIMUM PAYMENT DUE: The Minimum Payment Due each month is the entire New Balance as shown on your statement.  The Minimum Payment Due shall be paid, each month, on or before the Payment Due Date.

10. INTEREST CHARGE CALCULATION METHODS AND COMPUTATION OF BALANCE SUBJECT TO INTEREST RATE:  The Interest Charge Calculation Method applicable to your Account for purchases, balance transfers, and cash advances is explained below: 
  1. Purchases:  Average Daily Balance (including new purchases). To avoid incurring an additional Interest Charge on the balance of purchases reflected on your monthly statement and on any new purchases appearing on your next monthly statement, you must pay the New Balance shown on your monthly statement on or before the Payment Due Date. The grace period for the New Balance of purchases extends to the Payment Due Date.  
    The Interest Charges on purchases for a Billing Cycle are computed by applying the Monthly Periodic Rate to the “average daily balance” of purchases. To get the “average daily balance” of purchases, we take the beginning balance of your account each day, add any new purchases, balance transfers, and cash advances, and subtract any payments, credits, non-accruing fees, and unpaid interest charges. This gives us the daily balance. Then we add up all the daily balances for the billing cycle and divide the total by the number of days in the Billing Cycle.
  2. Balance Transfers and Cash Advances:  Average Daily Balance (including current transactions). To avoid incurring an additional Interest Charge on the beginning balance of balance transfers and cash advances reflected on your monthly statement, you must pay the Beginning Balance shown on your monthly statement on or before the Payment Due Date. No grace period is provided for current cycle transactions.  
The Interest Charges on balance transfers and cash advances for a Billing Cycle are computed by applying the Monthly Periodic Rate to the “average daily balance” of balance transfers and cash advances. To get the “average daily balance” of balance transfers and cash advances, we take the beginning balance of your account each day, add any new purchases, balance transfers, and cash advances, and subtract any payments, credits, non-accruing fees, and unpaid interest charges. This gives us the daily balance. Then we add up all the daily balances for the Billing Cycle and divide the total by the number of days in the Billing Cycle.

11. PAYMENT CREDITING AND CREDIT BALANCES: Payments received by 5:00 p.m. eastern time at the Payment Address will be credited as of the date of receipt to the account specified on the Payment Stub. Payments made in person during normal business hours at branch locations where such payments are accepted will be treated as received on the same day. Payments that do not conform to the requirements set forth on or with the monthly statement (e.g. missing Payment Stub, payment envelope other than as provided with your statement, multiple checks or multiple coupons in the same envelope) may be subject to delay in crediting, but shall be credited within five days of receipt. If there is a credit balance due on your account, you may request, in writing, a full refund. Submit your request to Sunflower Bank, N.A., Attn: Credit Card Department, P.O. Box 800, Salina, Kansas 67402-0800. 

By sending your check, you are authorizing the use of the information on your check to make a one-time electronic debit from the account on which the check is drawn. This electronic debit, which may be posted to your account as early as the date your check is received, will be only for the amount of your check. The original check will be destroyed and we will retain its image in our records. If you have questions please call the customer service number on the front of the monthly billing statement.
 
If you make a payment online, it must be made via the web site, which is shown on your statement, or via our online banking system. The cut-off time for online payments will be disclosed at the time of the transaction. If you do not follow these instructions, your payments may not receive credit for up to five days after we receive it.
 
We reserve the right to apply payments amongst the various balances on your Account at our discretion.  We may accept late payments, partial payments or payments that reflect “paid in full” (or other restrictive language), without losing our rights to receive full payment. If you intend to claim to pay your Account in full with an amount less than the Outstanding Balance, payments must be sent to us at Sunflower Bank, N.A., Attn: Legal Department, P.O. Box 800, Salina, Kansas 67402-0800.

12. CONTACTING YOU: In order for us to service your Account or to collect any amounts you may owe, you agree that we may contact you using any contact information related to your Account. We may use any means to contact you. This may include automated dialing devices, pre-recorded/artificial voice messages, mail, e-mail, text messages and calls to your cell phone. You are responsible for any service provider charges as a result of us contacting you. You agree to promptly notify us if you change any contact information you provide to us. This includes your name, mailing address, e-mail address(es), or phone number(s). If you have a joint account, a notice to one of you will serve as a notice to both/all of you.
 
13. PHONE MONITORING: We may monitor and record your phone calls with us to assure the quality of our service.
 
14. CANCELED, LOST, OR STOLEN CARDS:  You may cancel a Card at any time for any reason. You should notify us of your intention to cancel a Card. Once canceled, the Card should be cut in half and disposed of in a safe manner.

If any Card is believed to be lost or stolen, or in the possession of an unauthorized person, you must IMMEDIATELY notify us of that fact and we will undertake reasonable efforts to deactivate the Card. You should contact us at 1-727-570-4881 or 1-888-827-5564.  We may also require that your notification be placed in writing.  You agree to fully cooperate with us in any investigation involving a lost or stolen Card.  You agree, consent, and understand that consumer protections afforded under the federal Electronic Funds Transfer Act (Regulation E) and Truth In Lending Act (Regulation Z) do not apply to transactions performed using Cards issued to you pursuant to this Agreement.
 
15. STATEMENTS AND DISPUTED CHARGES: You agree to review monthly billing statements immediately upon receipt.  If a statement shows an unauthorized transaction, or if it shows any other problem or error, you must notify us IMMEDIATELY, but in no event no later than ten (10) calendar days after the date of the statement on which the unauthorized transaction, problem or error (“Dispute”) FIRST appears or when you first discover the unauthorized transaction, problem or error, whichever is earlier.  Disputes regarding any Card transactions shall be communicated in writing to us at: Sunflower Bank, N.A., Attn: Credit Card Department, P.O. Box 800, Salina, Kansas 67402-0800. Communications shall include employee name, Business name, Card number, dollar amount(s) of any Dispute, reference number, and a description of the Dispute. If you do not notify us of a dispute, as provided above, you shall be absolutely barred from bringing any action against us that is in any way related to the Dispute. 
You agree that VISA® Zero Liability shall not apply to: 1) ATM transactions; 2) PIN transactions not processed over the VISA® network; 3) transactions not processed over the VISA network; 4) transactions made by a person authorized to transact business on behalf of the Business; 5) transactions made by an employee or agent of the Business that exceed the authority given them by you; and 6) transactions in which we reasonably determine that the Dispute was caused by the gross negligence or fraudulent action of you, the Business, or any agent or employee associated with the Business.
 
16. DEFAULT AND REMEDIES: Your Account will be in default if any of the following occur:  
  • You fail to pay the Minimum Payment Due by the Payment Due Date.
  • Any payment is dishonored.
  • You violate the terms of this Agreement.
  • The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against you or any co-signer, endorser, surety or Guarantor of the Account or any other obligations you have with us.
  • You merge, dissolve, reorganize, end your business or existence, or a partner or majority owner dies or is declared legally incompetent.
  • Without our written consent, you organize, merge into, or consolidate with an entity; acquire all or substantially all of the assets of another; materially change the legal structure, management, ownership or financial condition; or effect or enter into a domestication, conversion or interest exchange.
  • You fail to perform any condition or to keep any promise or covenant of this Agreement.
  • A default occurs under the terms of any other contracts and agreements you have with us.
  • You are in default on any other debt or agreement with us.
  • We receive an attachment or garnishment applicable to any deposit accounts you have with us.
  • You make any verbal or written statement or provide any financial information to us that is untrue, inaccurate, or conceals a material fact at the time it is made or provided.
  • You fail to satisfy or appeal any judgment against you.
  • You change your name or assume an additional name without notifying us before making such a change.
  • You transfer all or a substantial part of your money or property.
  • Without first notifying us, there is a material change in your business, including ownership, management, and financial conditions.
  • We determine in good faith that a material adverse change has occurred in your financial condition.
  • We believe that the prospect for payment or performance of the Account is impaired for any reason. 
If your Account is in default, our rights and remedies include, but are not limited to:
 
  • Refusing to authorize further transactions.
  • Immediate acceleration of the full outstanding balance on the Account.
  • Increasing your APR to the lesser of 18%, or the maximum allowed by law.
  • Reducing your Credit Limit.
  • Closing your Account.
  • Requiring the immediate payment of the Outstanding Balance.
  • Enforcing our rights under any other agreements we have with you, including but not limited to recovery and realization upon collateral securing other obligations you have with us.
  • Invoking our right of set-off. This means we may set-off any amount due and payable under the terms of this Account and Agreement against any right you have to receive money from us.  Your right to receive money from us includes any deposit or share account balance you have with us; any money owed to you on an item presented to us or in our possession for collection or exchange; and any repurchase agreement or other non-deposit obligation.  If your right to receive money from us is also owned by someone who has not agreed to pay the Account, our right of set-off will apply to your interest in the obligation and to any other amounts you could withdraw on your sole request or endorsement. We will not be liable for the dishonor of any check when the dishonor occurs because we set-off against any of my accounts. You agree to hold us harmless from any such claims arising as a result of the exercise of our right of set-off. 
Except as otherwise required by law, by choosing any one or more of these remedies we do not give up our right to use any other remedy. We do not waive a default if we choose not to use a remedy. By electing not to use any remedy, we do not waive our right to later consider the event a default and to use any remedies if the default continues or occurs again.
 
If your Account is in default, you also agree to pay our collection costs, attorney’s fees, and court costs.

17. AMENDMENT, ASSIGNMENT, CHANGE IN TERMS, AND TERMINATION: We shall be entitled to amend this Agreement at any time which will become effective immediately upon your receipt of notification or upon a later date specified in such notification. You may not amend this Agreement. You may not assign this Agreement to any other person or entity without our prior written consent. We have the right to assign your Account to another creditor. The other creditor is then entitled to any rights we assign to them. 
Either party may terminate this Agreement at any time, for any reason, by giving written notice to the other party.  All Cards shall be deemed canceled effective upon termination of this Agreement and you shall instruct the Authorized Cardholder to properly destroy the Card.  You shall remain liable for all charges incurred or arising by virtue of the use of the Card until all Outstanding Balances on the Account have been paid in full.

18. CREDIT INFORMATION AND CREDIT REPORTING: You promise that any information you give to us in connection with your Account is true and complete. You understand that we rely on this information to open your Account and extend credit to you. You authorize us to investigate your credit, employment, assets, and income records and to verify your credit references. We may request new financial information directly from you for the purpose of updating our records. You also authorize us to obtain credit reports on you and any Guarantor, as well as any principal, owner, partner, or officer of the Business, from time to time. We may rely on the contents of such reports or other empirically derived financial information to close your Account or reduce the Credit Limit on your Account. We may report information regarding your Account to credit reporting agencies. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report.  If you believe we inaccurately reported credit history information about you or your Account to a credit reporting agency, write to Sunflower Bank, N.A., Attn: Collection Department, P.O. Box 800, Salina, Kansas 67402-0800.

19. SECURITY INTEREST: It is the express intent of the parties, and you agree, that collateral and documents securing all previous and existing liabilities from you to us, as evidenced by existing security agreements, real estate mortgages, deeds of trust, guaranty agreements, assignments, and any other agreements to the extent permitted by law, also secure the Account, regardless of whether the previous and existing liabilities are of the same type, kind, class, or character as the Account. These previous and existing liabilities include, but are not limited to, loans for consumer, agricultural, or business purposes; primary or secondary (such as a guarantor); absolute or contingent; sole or joint; purchase money or nonpurchase money; and credit evidenced by promissory notes, open accounts, overdrafts, or any other contractual obligations.

In addition, it is the express intent of the parties, and you agree, that collateral pledged for future liabilities from you to us, as evidenced by future security agreements, real estate mortgages, deeds of trust, guaranty agreements, and any other agreements to the extent permitted by law, will also secure the Account, regardless of whether the future liabilities are of the same type, kind, class, or character as this Loan, and regardless of whether the Account is specifically referenced in the future security agreements, real estate mortgages, deeds of trust, guaranty agreements, assignments, and other agreements. These future liabilities include, but are not limited to, loans for consumer, agricultural, or business purposes; primary or secondary (such as a guarantor); absolute or contingent; sole or joint; purchase money or nonpurchase money; and credit evidenced by promissory notes, open accounts, overdrafts, or any other contractual obligations.
 
Notwithstanding any other provision in this Agreement, however, unless you expressly agree otherwise, your household goods and principal dwelling will not secure your obligations under this Agreement even if we have, or later acquire, a security interest in the household goods or a mortgage/deed of trust on your principal dwelling.

20. MISCELLANEOUS PROVISIONS:
  • Words importing the singular number only may be extended to several persons or things, and words importing the plural number only may be applied to one person or thing.  The paragraph headings are for convenience only and are not to be used to interpret or define the terms of this Agreement.
  • We may waive or delay enforcing any of our rights without losing them. We may waive or delay enforcing a right against one of you without waiving it as to the other.
  • From time to time, third parties may provide you with benefits not related to the extension of Account credit. We are not liable for these features, services and enhancements, as they are the sole responsibility of the third party provider. We and/or a third party may add, change or delete entirely these benefits without notice or liability to you, to the extent permitted by applicable law. You agree to hold us harmless from any claims, actions or damages resulting from your use of any of these features, services or enhancements, where permitted by applicable law.
  • You acknowledge, agree and consent that you are not a “consumer” as defined by federal consumer protection laws and regulations, as amended; that all transactions subject to this Agreement are conducted for business or commercial purposes, and not primarily for personal, family, or household purposes; and that the Account and Cardholder Accounts established under this Agreement are held by us and established by you for business or commercial purposes, and not primarily for personal, family, or household purposes.
  • The terms of this Agreement are construed in accordance with the laws of the State of Kansas and with the laws of the United States when applicable.  Should these related laws be amended, this Agreement shall be deemed amended to the extent necessary to comply.
  • You acknowledge, agree and consent that: a) by applying for and subsequently using your Account, you have transacted business in the State of Kansas, and specifically in Saline County, Kansas; b) any suit, action, or other legal proceeding arising out of or relating to your Account may be brought, at our sole discretion, in a court of record in the State of Kansas or in the Courts of the United States located in the State of Kansas, and you hereby voluntarily consent and submit to the jurisdiction and venue of any such court chosen by us in any such suit, action, or proceeding; c) you waive any objection or defense which you may have to the laying of jurisdiction and venue of any such suit, action, or proceeding in any of such courts and any claim that any such suit, action, or proceeding has been brought in an inconvenient forum. 
  • You waive any and all right to a trial by jury in any action, proceeding, claim or counterclaim, whether in contract or in tort at law or in equity, arising out of or in any way related to your Account, transactions involving your Account, and any other agreement or transaction related to your Account.
  • This Agreement: a) supersedes any prior agreement concerning your Account; b) is a final expression of the credit agreement concerning your Account; c) may not be contradicted by evidence of any prior oral credit agreement or of a contemporaneous oral credit agreement concerning your Account; and d) contains no  nonstandard terms.  You acknowledge, agree and consent that no unwritten oral credit agreement exists concerning your Account.
  • There are no third-party beneficiaries under this Agreement.
  • If any part of this Agreement is invalid, illegal, or unenforceable, the remaining provisions shall remain in effect.