BusinessCard Cardholder Agreement
BANCORPSOUTH BUSINESSCARD CARDHOLDER AGREEMENT
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION
READ THIS AGREEMENT IN ITS ENTIRETY
AGREEMENT TO TERMS-USE OF YOUR ACCOUNT-DEFINITION OF PARTIES
This cardholder agreement governs your BusinessCard credit card account with us (“Account”). The entire agreement between us (this “Agreement”) is in separate parts, including this document (which incorporates an ARBITRATION provision), your application to us and any accompanying disclosures, any Account opening/closing correspondence, and an initial (and any subsequent and then-current) “Rates and Fees Table.” The Rates and Fees Table will also include our customer service, payment, and other contact information (address and telephone numbers). Your use of the Account or any card (or your enabling any person to use any card) in any way means you agree to the terms of this Agreement. In this Agreement and in your Periodic Statements, the words “you” and “your” refer to the business and all persons named as applicants and guarantors on the application, jointly and severally, and the words “we” and “us” refer to BancorpSouth Bank headquartered in Tupelo, Mississippi, U.S.A. You authorize us to charge your Account for all transactions made on your Account. You promise to pay us for all transactions made on your Account, as well as any fees or Interest Charges. You agree that if you are delinquent in making a payment when it is due, we may temporarily or permanently terminate your credit privileges and we may also consider you in Default as defined herein. You also agree to arbitrate disputes according to the terms of the ARBITRATION AGREEMENT below. This provision may affect your right to go to court or to have a jury trial. In addition to all other terms of this Agreement, it is important that you carefully read this provision in its entirety.
COMMERCIAL USE ONLY
You acknowledge and agree that your Account is for commercial non-consumer use only. You agree not to use your Account for consumer transactions. If you violate this Agreement by using your Account for any consumer transactions, you agree that such transactions will nevertheless be governed by this Agreement. We have no obligation to detect or prevent any transaction which is or may appear to be a consumer transaction.
AUTHORIZED USER(S)/ADDITIONAL CARDS
Subject to our approval, in our sole discretion, as to both number of persons and specific persons requested, you may request in writing to us to designate certain non-Account holders as Authorized Users of your Account by issuance of additional card(s) in the name(s) of such Authorized User(s). You agree that you will be fully liable for all transactions made by any Authorized User to the same extent as if you had made such transactions yourself.
ACCOUNT RENEWAL/CARD EXPIRATION
Cards are issued with an expiration date. Upon expiration, the card is no longer valid and may not be used. In addition to other termination rights we have under this Agreement, we have the right not to renew your card and close your Account at that time for any reason.
CHANGES TO THIS AGREEMENT
We can change this Agreement at any time, regardless of whether you have access to your Account, by adding, deleting, or modifying any provision, including making any appropriate changes in terms by furnishing to you a new or revised Rates and Fees Table. Our right to add, delete, or modify provisions includes financial terms, such as rates and fees, and other terms such as the nature, extent, and enforcement of the rights and obligations you or we may have relating to this Agreement. These changes are binding on you. These changes may be effective with notice only, at the time stated in our notice, in accordance with applicable law. If permitted by applicable law, any new terms may at our option be applied to past and existing transactions and other matters between us and to any balance existing in the Account at the time of the change, as well as to any subsequent transactions. Your use of your Account after we give you notice of changes will constitute your acceptance of all changes in the notice and your acceptance and confirmation of all terms of your agreement and all changes in prior notices we have sent you regardless of whether you have access to your Account.
You give us permission to investigate your credit history from time to time as we deem appropriate by making direct inquiries of other creditors where you have accounts. We may request credit reports from credit reporting agencies in connection with an update, renewal or extension of credit, a requested change to your Account, a change in your credit limit, for promotional inquiries, a specific transaction attempted, made, or pending, or in connection with the collection of this Account. If you do not maintain your credit performance, we may change your Account terms. Upon your request, or as required by law, we will tell you whether or not a consumer report was requested and the name and address of any consumer reporting agency that furnished the report. You also authorize us to report your performance under this Agreement to credit reporting agencies and others who may properly receive such information.
TYPES OF TRANSACTIONS
You may use your card to pay for or lease goods or services for commercial non-consumer purposes.
Automatic or Recurring Charges
You may authorize a third party to automatically charge your Account for recurring transactions (for example, cable or utility charges, memberships and insurance premiums). If automatic charges are stopped for any reason (including because your Account is closed or suspended for any reason) or your Account number changes or we issue you a new card with a different Account number, you are responsible for notifying the third party or other biller and paying these charges directly. If your Account number changes, we may, but are not required to, charge to your new Account number transactions that you authorized to be billed to your old Account number.
You may use your card to obtain a Cash Advance. A Cash Advance takes place when you use your card to get cash from automatic teller machines, or from financial institutions accepting the card; or by transferring money from your credit card Account to any other BancorpSouth Bank deposit account via a phone request (including automated means by phone) or using online banking; or to obtain travelers checks, foreign currency, money orders, wire transfers or similar cash-like charges (“Cash Advances”). If a portion of a requested Cash Advance will exceed your available Cash Advance Limit (as defined below), we may refuse to process the entire transaction (or we may process a partial Cash Advance up to your available Cash Advance Limit) in our sole discretion. As elsewhere provided in this agreement, a different APR and/or fee(s), a different starting date from which an Interest Charge is assessed, and a different available credit limit may apply for Cash Advances. Making Cash Advances may also affect the payment application order. All Cash Advances are subject to a Cash Advance Transaction Fee. Other Forms of Cash Advances While the effect may be different as to Rates and Fees, a Cash Advance or Cash Advances also include Balance Transfers, Convenience Checks and Overdraft Protection Advances described below:
You may transfer balances from other accounts or loans with other credit card issuers or other lenders to this Account, or other Balance Transfers we allow (“Balance Transfers”). You may not transfer balances to this Account from other accounts or loans with us. Upon consummation of the transfer, your available Total Credit Limit (as defined below) and corresponding Cash Advance Limit will be reduced by the amount of the Balance Transfer. See the then-current Rates and Fees table for “Balance Transfer Fee” for applicable charges.
We may, (but are not obligated to), provide you Convenience Checks (also known as “credit card checks”) as a way to use your Account. Your credit card Account number will be on each Convenience Check. The Convenience Check should be completed and signed in the same manner as a conventional check. A Cash Advance is considered to be made when you use a Convenience Check and the funds deemed received by you on the date we process the check. See the then-current Rates and Fees table for “Cash Advance Transaction Fee” for applicable charges. You should not write Convenience Checks in such an amount or amounts in the aggregate which would exceed your available Cash Advance Limit. If a Convenience Check amount exceeds your available Cash Advance Limit (as defined below), we may refuse to process the entire transaction. A Convenience Check may not be used to pay any amounts you owe under this Agreement. We are under no obligation to pay a post- dated Convenience Check, or to certify any Convenience Check. Convenience Checks paid will be identified on your Periodic Statement, but will not be returned to you. Images of Convenience Checks will be provided upon written request, subject to applicable charges.
Overdraft Protection Advances
If you have an eligible checking account with us and have enrolled this Account to provide overdraft protection, you may link this credit card Account to the eligible checking account with us to cover an overdraft on that pre-designated checking Account under the terms of this Agreement and your checking account agreement. Credit Card Overdraft Protection works by charging your credit card with us for Cash Advances in the total amount of checks or other transactions drawn against insufficient funds, with resulting deposits of the Cash Advance amount into your checking Account to cover such checks or other transactions, up to your available Cash Advance Limit. This feature allows funds to be transferred from your Account into your pre-designated BancorpSouth Bank checking and/or money market account(s). Transfers resulting from overdrafts by you (including automatic transfers to cover checking account fees) to your Account will be subject to the terms of this Agreement. Each day’s total overdraft protection transaction will be processed up to the available Cash Advance Limit, regardless of who initiated the debit(s) that caused the overdrawn condition. If the available Cash Advance Limit is insufficient to cover your overdraft, we may refuse to process any such overdraft. Except as provided below, we will automatically transfer funds sufficient to cover the amount of any overdraft transaction to your pre-designated checking or money market account(s). Transfers to your checking and/or money market account from your Account are processed after close of business Monday through Friday and the amount of your then available Cash Advance Limit on your Account must be sufficient to cover all checks and other items creating an overdraft status received by us on that day. A Cash Advance Transaction Fee will be assessed for each such overdraft protection advance.
An Interest Charge is imposed on each Cash Advance from the date the transaction is made. No Interest Charge is imposed on new Purchases if you pay the New Balance shown on your Periodic Statement on or before the Payment Due Date as shown on the Periodic Statement where such purchases initially appear. If the New Balance is not paid in full as specified above, an Interest Charge will apply. We figure the Interest Charge on your account by applying the periodic rate to the “average daily balance” of your account. To get the “average daily balance” we take the beginning balance of your account each day, add any new transactions and fees, and subtract last statement Interest Charges, daily payments and credits. 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. This gives us the “average daily balance.”
Balance Transfer Fee
You will be charged and agree to pay a Balance Transfer Fee as disclosed on the then-current Rates and Fees Table for each Balance Transfer.
Cash Advance Transaction Fee
You will be charged and agree to pay a Cash Advance Transaction Fee as disclosed on the then-current Rates and Fees Table for each Cash Advance.
Foreign Transaction Fee
When you use your card in another country to obtain cash or to purchase goods or services, we reserve the right to charge your Account a Foreign Transaction Fee equal to a bank-imposed fee which will be a percentage of the U.S. Dollar amount of the transaction as may be disclosed to you pursuant to the then-current Rates and Fees Table. If a credit is subsequently given for a transaction, this fee will be reversed as part of such credit.
COST OF CREDIT
Annual Percentage Rate for Purchases and Cash Advances
Your ANNUAL PERCENTAGE RATE (“APR”) appears on the then-current Rates and Fees Table accompanying your card or as otherwise provided to you by us. The monthly periodic rate is the applicable APR divided by 12. The APR may be fixed or variable. Whether or not the rate is fixed or variable is indicated on the then-current Rates and Fees Table accompanying your card or otherwise provided to you by us. If your Account is designated as fixed rate, except for your non-compliance with this Agreement, i.e., incurring Penalty Rate pricing, and absent a change in terms by us, the APR will not change from the APR disclosed to you in your then-current Rates and Fees Table.
Variable Annual Percentage Rates for Purchases and Cash Advances
If your Account has a variable APR, your APR is based on a rate which may vary with each billing cycle (and is subject to becoming the Penalty Rate as provided below.) The basis and standard for this variable APR will be the Prime Rate as published in The Wall Street Journal dated the 25th of the month plus the addition of a margin as disclosed on the then-current Rates and Fees Table (which will be set at the time your Account is opened). The Prime Rate is merely a reference rate and is not necessarily the best or lowest rate available for credit. In the event that the 25th is a holiday or weekend, we will use the most recent prior issue published. In the event that more than one prime rate is published, we will use the higher of the two rates. In the event that The Wall Street Journal ceases to be published or ceases or otherwise does not publish the Prime Rate, we may use the Prime Rate published in any newspaper of general circulation, or we may substitute a similar index at our sole discretion. Any variable rate adjustment based on a change in the Prime Rate and your corresponding index or margin will be effective as of the first day of the current billing cycle, and will apply to all new and outstanding Account balances and transactions subject to that variable rate. If your Account has a variable APR and subject to the basis and standard set forth above, the APR on your Account will increase if Prime Rate increases; and the APR on your Account will decrease if Prime Rate decreases. The effect of a Prime Rate increase will be to increase your periodic payment unless your periodic payment is a fixed or minimum payment. If your periodic payment is a fixed or minimum payment, the effect of an increase in Prime Rate will be to increase the amount of the final payment or to extend the number of payments necessary to pay your Account balance in full. The Minimum Interest Charge as provided on the then-current Rates and Fees Table will be imposed on any Account subject to an Interest Charge.
If you fail to make at least your minimum payment within 60 days after its due date, or if other default occurs or we make demand for immediate payment of your Account as provided in the “DEFAULT AND DEMAND FOR BALANCE DUE” section below, your APR will be increased to the Penalty Rate (also known as the “default rate,” or “default APR”) as disclosed on the then-current Rates and Fees Table. If your Account becomes subject to the Penalty Rate because of failure to make your minimum payment as described above, your Account will remain at the Penalty Rate until you make six (6) consecutive timely payments as specified in your Periodic Statement. If your Account becomes subject to the Penalty Rate because of other default, your Account will remain at the Penalty Rate until such time, if any, as default no longer exists. When the Penalty Rate l terminates, your APR will revert to the APR as defined in the INTEREST CHARGE section above as more particularly described and disclosed in the then- current Rates and Fees Table. If we decide not to increase your APR even though there is a default or if we do not increase your APR to the maximum Penalty Rate stated in the then-current Rates and Fees Table, we reserve our right to increase your APR to the Penalty Rate in the event of any future or continuing default. We may in our discretion determine to charge reduced Penalty Rates or reinstate standard rates for all or selected balances of your Account without notice.
OTHER FEES AND CHARGES
We may charge you an Annual Fee. If we so charge you, this fee will be disclosed as such on the then-current Rates and Fees Table we provide to you. If there is no Annual Fee, this means we do not charge a fee for general card use. Otherwise, the imposition of Annual Fees will be handled as follows: The Annual Fee will be added to the purchase balance and is non-refundable unless you notify us to cancel your Account within 30 days from the Statement Closing Date on which the Annual Fee is billed. This fee will become part of your revolving balance.
Rewards Program Fee
We may charge you a Rewards Program Fee. If we so charge you, this fee will be disclosed as such on the then-current Rates and Fees Table we provide to you. If there is no Rewards Program Fee, this means we do not charge a fee for membership or use. Otherwise, imposition of a Rewards Program Fee will be handled as follows: Enrollment in a Rewards or Affinity Program may be by separate membership application or automatically by product/card type. If charged, the Rewards Program Fee will be added to the purchase balance and is non- refundable unless you notify us to cancel your Account within 30 days from the Statement Closing Date on which the Rewards Program Fee is billed. This fee will become part of your revolving balance.
A late fee in the amount provided per the then-current Rates and Fees Table will be added to your Account if at least your minimum payment due is not received on or before your PAYMENT DUE DATE shown on your Periodic Statement. This fee will become part of your revolving balance.
Consistent with the TOTAL CREDIT LIMIT/CASH ADVANCE LIMIT section of this Agreement, if we utilize our discretion to allow and authorize such transactions, we may charge an Overlimit Fee. If we so allow, and so charge you, there will be an Overlimit Fee in the amount provided per the then-current Rates and Fees Table imposed on your Account if the outstanding balance, minus Interest Charges, exceeds the Total Credit Limit at any time during the previous billing cycle (subject to us allowing such transactions. If there is no Overlimit Fee, this means we do not allow overlimit transactions. If an Overlimit Fee is added to your Account, it will become part of your revolving balance.
Returned Payment Fee
A Returned Payment Fee in the amount provided per the then-current Rates and Fees Table may be added to your Account if a check or other payment transaction, including an automatic debit, is not honored. We may assess this fee if we cannot process the transaction through no fault of our own, if it is returned to us from the issuing institution, or if an automatic debit is returned unpaid. We may assess this fee each time your check or payment is not honored, even if it is honored upon re-submission. This fee will become part of your revolving balance.
Expedited Service Fee
For an expedited service, as detailed below, an Expedited Service Fee in the amount provided by the then-current Rates and Fees Table will be added to your account. Such a fee would be separate from any other applicable fee and is accessible if a payment method involves an expedited service, namely, a service resulting in crediting a payment to the account the same day, and that involves service by a live customer service representative, regardless of whether such payment is made in person or by telephone. This fee will become part of your revolving balance.
Stop Payment Fee
We will add a Stop Payment Fee to your Account in the amount provided per the then-current Rates and Fees Table if we issue at your request a stop payment on a Convenience Check. You will be responsible for any fees incurred with the party to whom the Convenience Check was issued. To place a stop payment on a Convenience Check you must contact us at the phone number(s) and/or address provided per the then-current Rates and Fees Table and do so within time for us to reasonably act on your request. This fee will become part of your revolving balance.
You agree to pay the Replacement Card Fee(s) per the then-current Rates and Fees Table to replace lost or stolen cards or to replace your cards if your Account has been closed and is later reopened. For emergency replacement of cards within three (3) days, you agree to pay the Replacement Card Fee(s) per the then-current Rates and Fees Table plus courier charges. This fee will become part of your revolving balance.
You agree to pay a Copy Fee per copy in the amount provided per the then-current Rates and Fees Table of any item that is not a billing error on our part. This fee will become part of your revolving balance.
PROMOTIONAL OFFERS AND RATES
From time to time and at our discretion, we may offer special promotions under which purchases of goods or services or certain types of Cash Advance transactions may be billed to your Account with special promotional terms. These special promotions may include special promotional rate offers and the time period for these promotions may be limited and/or subject to certain conditions. The Interest Charges, minimum payments and other terms for special promotions may differ from the standard terms described in this Agreement, or on the then-current Rates and Fees table or as may be shown on your Periodic Statement. The standard terms of this Agreement still apply to any special promotion, except where specifically changed by the special promotion. Any such offer will terminate if you default under this Agreement with us because you fail to make a payment, you exceed your Total Credit Limit or your Cash Advance Limit, you make a payment to us that is not honored, or you are otherwise in default to or with us.
TOTAL CREDIT LIMIT/CASH ADVANCE LIMIT
You were notified of your initial Total Credit Limit and your initial Cash Advance Limit when your Account was opened. Thereafter, your Total Credit Limit and your Cash Advance Limit will also be on each Periodic Statement. Your Total Credit Limit is the amount of credit that we agree to extend to you at any one time under this Agreement (“Total Credit Limit”). Your separate Cash Advance Limit will be one-half of your assigned Total Credit Limit (“Cash Advance Limit”). As authorized by, and in the manner permitted by law, we reserve the right to change (including reducing your Total Credit Limit and corresponding Cash Advance Limit as a portion thereof) by subsequent notice to you or as listed and disclosed on your Periodic Statement. You agree not to use or permit the use of your Account in any way which would cause the balance of your Account to exceed your Total Credit Limit and/or your Cash Advance Limit. You agree that if your Account balance exceeds your Total Credit Limit and/or your Cash Advance Limit, we may temporarily or permanently terminate your credit privileges, in our discretion. The aforementioned initial letter and each Periodic Statement will disclose your overall Total Credit Limit and the portion thereof that will be your Cash Advance Limit. We may also approve, in our discretion (and charge you an Overlimit Fee for), transactions that cause you to exceed your Total Credit Limit without waiving any of our other rights under this Agreement, and if a transaction exceeds any such limits, you must pay us such transactions as any other charges to your Account.
We will send you a Periodic Statement of your Account each month that you have a credit or debit balance of more than one dollar, or where an Interest Charge has been imposed, or there has been activity in your Account unless we deem your Account uncollectible or delinquency collection proceedings have been instituted against you. The Periodic Statement will show the total amount that you owe us (“New Balance”). It will also tell you the minimum payment you must make (“Minimum Payment Due”) and tell you when payments are due (“Payment Due")
We may assign this Agreement, your Account, any amounts you owe us, or any of our rights and obligations under this agreement to a third party. The person to whom we make the assignment will be entitled to any of our rights that we assign to that person. You may not assign any aspect of this Agreement. Any such attempted assignment by you will be null and void.
THIS AGREEMENT IS ACCEPTED BY US IN, AND YOUR ACCOUNT IS ADMINISTERED BY US FROM, TUPELO, MISSISSIPPI. REGARDLESS OF WHERE YOU DO BUSINESS OR USE YOUR ACCOUNT, THE TERMS AND ENFORCEMENT OF THIS AGREEMENT AND YOUR ACCOUNT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH MISSISSIPPI LAW WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES.
PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION IF EITHER YOU OR WE CHOOSE ARBITRATION. IF ARBITRATION IS CHOSEN, THIS WILL REPLACE THE RIGHT TO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR SIMILAR PROCEEDING IN COURT, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR SIMILAR PROCEEDING. YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR SIMILAR PROCEEDING BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR SIMILAR PROCEEDING. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS). HOWEVER, EXCEPT AS OTHERWISE PROVIDED BELOW, THOSE RIGHTS ARE WAIVED AND ALL CLAIMS MUST NOW BE RESOLVED THROUGH ARBITRATION.
If either you or we choose or elect arbitration of any claim, dispute, or controversy, (which may be without the other’s consent), any claim, dispute or controversy by either you or us against the other (or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other) arising from or relating in any way to your Account, transactions on your Account, our relationship, this Agreement or any provisions of this Agreement, any prior Agreement, any disclosures, advertising, or application (hereafter “Claim” or “Claims”), including Claims regarding the applicability or validity of this arbitration clause, shall be resolved exclusively and finally by binding arbitration. This Arbitration Agreement includes Claims that arose in the past, or arise in the present or the future. As used in this Arbitration Agreement, the term Claim is to be given the broadest possible meaning. Claims subject to arbitration include Claims that are made as counterclaims, cross claims, third party claims, interpleaders or otherwise, and a party who initiates a proceeding in court may elect arbitration with respect to any such Claims advanced in the lawsuit by any party or parties. For this arbitration provision, “you” and “us” include the employees, parents, subsidiaries, affiliates, beneficiaries, agents and assigns of you and of us. Additionally, “we” or “us” shall mean any third party providing benefits, services, or products in connection with the Account (including but not limited to credit reporting agencies, merchants that accept any credit device issued under the Account, rewards programs and enrollment services, credit insurance companies, debt collectors, and all of their officers, directors, employees, agents and representatives) if, and only if, such a third party is named by you as a co-defendant in any Claim you assert against us. All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, you and we retain the right to pursue in a small claims court any Claim that is within that court’s jurisdiction and that proceeds on an individual basis. In addition, at any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims.
The party bringing the Claim may select any one of the following national arbitration organizations to administer the arbitration of the Claim: JAMS/Endispute (“JAMS”) or National Arbitration and Mediation (“NAM”). Alternatively, the parties will endeavor to mutually agree upon a neutral arbitrator. The arbitration organization that is selected will apply its code or procedures in effect at the time the arbitration is filed, subject to this Agreement. The arbitration will be conducted before a single arbitrator. The arbitrator’s authority is limited solely to the Claims between you and us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and we do not agree to any arbitration on a class action or other representative basis.
Each party will bear the expense of the fees and costs of that party’s attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law (and the section of this Agreement entitled “Collection Costs”) in determining whether a party should recover any or all fees and costs from another party. The arbitrator’s award is final and binding on the parties unless a party appeals it in writing to the arbitration firm within fifteen days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration firm. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. Rules and forms may be obtained from, and Claims may be filed with any of these organizations, as follows: JAMS at 1920 Main Street, Suite 300, Irvine, California 92614, website at www.jamsadr.com; or NAM at 990 Stewart Avenue, Garden City, NY 11530, website at www.namadr.com. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.
This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive termination of your Account as well as voluntary payment of the debt in full by you or any bankruptcy by you.