The minimum Credit Limit for your Credit is $500.00. This is the minimum Credit Limit for the Tillful Credit. Your Credit Limit may be increased based on the amount of your Security Deposit. The maximum Credit Limit for your Credit is $200,000.00
1. The Credit Program
This Tillful Credit Agreement (this “Agreement”) represents an agreement between Company (“you,” “your,” “yours”) and Flowcast Inc. (“Flowcast,” “Tilfull,” or “we,” “us,” “our”), and contains the terms and conditions governing the Tillful Credit Program (the “Program”), including the Tillful Credit (the “Credit”) and any rewards or promotional offers related thereto. This agreement is solely and only applicable to the use of the Credit issued to you by Tillful and has no other credit granting purpose. Any acceptance or use of the Credit by you or any such designated person or employee will constitute your consent and agreement to all terms, conditions and provisions set forth below. For the purposes of this Agreement, all of the available Credit shall be deemed granted to and will be used by you, and you and the business will be jointly liable for all obligations incurred through use of the Credit. All extensions of credit on the Account will be used for business purposes only.
Please read this Agreement in its entirety and keep it for your reference. In addition, the application, acceptance certificate or other request you signed or submitted for this Account (the “Application”), and the signature of any Authorized User (including any electronic or digital signature) on any Application, credit card sales slip or other evidence of indebtedness on your Account, are incorporated into and made a part of this Agreement.
This Agreement begins on the earlier of (i) the date you sign or submit an application that we approve or (ii) the first date that we extend credit to you on your Account, including by means of a Purchase transaction, a Cash Advance transaction (if applicable and allowed by us) , a Special Advance transaction, or any other extension of credit. You, as the Authorized User, must be at least 18 years old or the age of maturity in your state of residence, whichever is higher, to qualify.
The definitions listed below will apply throughout this Agreement and in your monthly statement. In addition, the words you, your, and yours refer to the Company who holds the Account(s), is responsible for the balance owed on the Account. The Authorized User has the authority to bind the Company to the terms and conditions of this offer and the Agreement. The words we, us, and our refer to Tillful or Flowcast, Inc.
Account – The Tillful Credit account(s) approved by us for your use, which is subject to all terms and conditions of this Agreement.
Authorized User – The person(s) authorized by you to obtain credit under an Account at Your request, whether named in an application as an Authorized User or otherwise. This individual has explicit authority granted by stockholder(s) to bind the Company.
Billing Cycle – The time interval covered by a monthly statement. Each Billing Cycle is approximately 30 days in length.
Card - The physical or virtual payment card issued by an Issuer and managed through your Account.
Cash Advance – a payment of physical currency to you which is drawn upon your Credit Limit.
Cash Advance Transaction Fees – fees charged for Cash Advances.
Closing Date – The date of the last day of a Billing Cycle.
Company – the legally registered business entity or corporation that Tillful grants credit to. Credit – Any credit issued by us in connection with your Account, which you or any Authorized User(s) may use to obtain certain Cash Advances (if applicable and allowed by us), make Purchases, or lease goods or services on credit pursuant to the terms of this Agreement. The Credit can be accessed by a Card.
Credit Limit – The maximum amount of credit available to you on your Account.
Finance Charge – it is a cost to You at 0% APR of your outstanding Credit balance.
Foreign Transaction Fees – fees charged for foreign transactions.
Grace Period – The period of at least 20 days between the close of each Billing Cycle and your Payment Due Date for such Billing Cycle. If you do not pay the New Balance owed by the Payment Due Date, we will draw the amount owed from your Security Deposit and your Credit Limit will decrease by the amount that has been drawn from the Security Deposit..
We will not draw funds from your Security Deposit on new Purchases when the following occurs:
1) Your New Balance shown on your monthly statement for the previous Billing Cycle is paid in full by the Payment Due Date; or
2) Your previous balance is zero; or
3) Your previous balance is a credit balance.
If none of these conditions occur, we will draw the amount of funds owed from your Security Deposit. The next time you pay your entire New Balance in full by the Payment Due Date, the Grace Period will apply to Purchases.
Issuer - The bank that issued the Card to You.
New Balance – The total unpaid Account balance from purchases and other uses of Credit made since the last Closing Date specified in your monthly statement.
Other Charges – Charges to your Account other than Finance Charges., such as Late Payment Fee or Returned Payment Fee as in Section 9 of this Agreement.
Previous Balance – The balance of your Account at the beginning of a Billing Cycle. This will be the same as the “New Balance” shown on your previous bill.
Purchase – Any extension of credit to your Account for the purpose of purchasing or leasing goods or services from participating establishments.
Security Deposit: The amount of funds you deposit with the Issuer which is used as collateral against your credit line. See Security Deposit below for more information.
Transaction – Purchases, cash advances, foreign transactions, or from time to time, new chargeable activity related to the use of the Account that is communicated to You in advance.
Transaction Fee – A fee charged in connection with a Transaction.
Unauthorized Use – The use of Credit by a person, other than You, who does not have actual, implied or apparent authority for such use, and from which You received no benefit.
3. Credit Use
Purchases, Cash Advances: You may use your Credit to purchase or lease goods or services from participating establishments. We may limit the use of the Account at our discretion. Such limitations include, but are not limited to, Internet-related gambling transactions. Your Account/Credit will be restricted from online betting activity, which includes, but is not limited to, lottery tickets, casino gambling chips, off-track betting, and wagers at racetracks. You will owe us for these amounts, plus any applicable Finance Charges and other applicable charges or fees, payable in U.S. dollars.
Recurring Preauthorized Transactions: Recurring preauthorized Transactions occur when you authorize a merchant to automatically initiate a Transaction using your Account on a recurring basis. If Sutton Bank issues a new Card at Tillful’s request with a different number or expiration date to you, we may (but are not obligated to) provide your new Card number and expiration date to a merchant with whom you have set up a recurring preauthorized Transaction in order to continue your recurring preauthorized Transactions. By signing this Agreement, you authorize us to provide your Card and expiration date to such merchants. Tillful updates the merchants through MasterCard using the MasterCard Digital Enablement Service. Merchants use the MasterCard Digital Enablement Service which allows them to automatically receive a new Card number and expiration date associated with your Account, however, not all merchants subscribe to this service. There will be circumstances where you will instead have to contact the merchant to provide updated Card information. Tillful shall not be responsible for any failed recurring preauthorized Transactions with merchants after a new Card is provided, so be sure to confirm your Card information with merchants with which you have recurring preauthorized Transactions set up.
Security Deposit: The Security Deposit is used as collateral against your credit line. The Security Deposit is refundable if you close your Account and pay your balance in full.
If you are approved for Credit, subject to receipt of collateral, you'll have 14 days to provide your bank account information via our secure site to fund your required security deposit. If this information is not received in time, your Account will not be opened and your application will be placed on hold.
Your Credit Limit: Your Credit Limit is disclosed to you after your Tillful account is created, and your Security Deposit receipt is confirmed by Tillful. Your Credit Limit will be equal to the amount of the Security Deposit you place with the Issuer. The Credit Limit is disclosed on each monthly statement. The minimum required Security Deposit amount is minimum of $500 and a maximum of $200,000. If your application is approved and you provide the minimum required Security Deposit prior to the expiration date, your Account will be available for use, and you will receive an initial credit line equal to your Security Deposit. You may deposit more than your minimum required Security Deposit before your Account opens to receive a higher initial Credit Limit. Your Credit Limit will be adjusted based on the total amount of Security Deposit held by Us. If you do not pay your New Balance in full when due, your Security Deposit will be used to pay off your New Balance and your availability to use your Credit Limit will be equal to your remaining Security Deposit held by us less $120, or zero, whichever is less.
We may change your Credit Limit from time to time. We base that decision on a variety of factors such as your Security Deposit, your payment and Transaction history with Us, and information we receive from third parties, including credit reporting agencies. The amounts shown on your monthly statement as available Credit do not take into account Purchases, Cash Advances, fees, any other Transactions, or Credit which are posted to your Account after the Closing Date of that monthly statement. We may delay increasing your available Credit for up to ten (10) days after you make a payment.
You may not use your Account in any way that would exceed your Credit Limit. However, in certain circumstances, Purchases or other Transactions using your Credit or Account may be approved even if they will result in your balance exceeding your Credit Limit. In the event that you do use your Credit or Account in a manner that results in your balance exceeding your Credit Limit, you are liable for and must repay the excess amount according to the terms of this Agreement.
Credit Authorizations: Subject to applicable law, we may limit or refuse to authorize or accept any Transaction on your Account for any reason, including but not limited to a Transaction that would cause you to exceed your Credit Limit, or your Account being delinquent. We will not be liable to you or any third party for limiting or refusing to authorize or accept any Transaction on your Account, or if (1) we close your Account; (2) anyone refuses your Credit, or (3) we stop (or do not stop) a payment on a Automated Clearihng House (ACH). Unless otherwise required by law, we will not be liable for goods or services you purchased or leased using your Account.
Term of Use: The Credit is an “open-ended” credit product, subject to all terms and conditions of this Agreement.
4. Making Payments
You agree to pay us, or any party to whom we may transfer and assign your Account, in U.S. dollars according to all terms and conditions of this Agreement.
Monthly Statements: Your statement will only be available in electronic format on card.tillful.com and will be generated once in a month for each billing period during which there is an activity or a New Balance on your Account. There may be no statement generated for the period in which there has been no New Balance due to no Transactions on the Account in the past month.
Minimum Payment: The Minimum Payment is the greater of (i) the dollar amount shown in the accompanying Summary of Terms, or (ii) the total, rounded up to the next dollar, of (A) 100% of your New Balance, plus (B) any applicable Cash Advance Transaction Fees or Foreign Transaction Fees, plus (C) any fees. If your New Balance is less than the dollar amount shown in the accompanying Summary of Terms, the Minimum Payment is your entire New Balance. If you elect not to pay your New Balance in full, you authorize us to withdraw the remaining amount from the Security Deposit as payment towards your New Balances so that payment is credited to your Account by the “Payment Due Date” shown on your statement, which is at least 20 days after the Closing Date of the Billing Cycle. Your Minimum Payment will also include any past due amount and any amount by which the New Balance exceeds your Credit Limit, whichever of these two is greater.
Application of Payments: We reserve the right to apply payments to your Account in any manner we choose at our sole discretion, in accordance with applicable law. To comply with federal law, when applicable we apply portions of on-time partial payments as of the start of the Billing Cycle to Purchases still subject to the Grace Period at the end of the previous Billing Cycle, determined in accordance with applicable law.
Posting of Payments: Payments will be posted to your Account as of the date received, if the payment is received by 5:00 p.m. Eastern Time by online payment at our website listed on your statement. Payments received after 5:00 p.m. Eastern Time on any day by such online payment will be posted as of the next day. Any other payments may be subject to a delay in posting of up to 5 days after the date of receipt. If we fail to post payments in accordance with these provisions, your Account will not be subject to a reduction of Security Deposit or other charges attributable to our failure to post payments as these provisions require. If any funds are paid from your Security Deposit or Other Charges are imposed, we will adjust your Account so that the payments/charges imposed are posted to your account during the next Billing Cycle. While we try to reflect payments on your Account in your available credit amount promptly after the payment has posted, it may take up to 10 calendar days after your payment has posted for it to reflect in your available credit amount. All payments on your Account must be made in U.S. dollars.
Prepayments: There is no penalty for prepayment. If you pay more than the New Balance, the prepayment will appear as a credit to your Account which will increase your Credit Limit.
9. Other Charges
In addition to Finance Charges, a variety of fees and charges may be applied to your Account, as described in the Summary of Terms, including the following:
Late Payment Fee: If your Payment Due is not credited to your Account on or before the Payment Due Date, you may be charged a Late Payment Fee as shown in the Summary of Terms. However, the Late Payment Fee will never be greater than the total amount past due on your Account.
Returned Payment Fee: If any payment received in payment of your Account is returned to us unpaid for any reason, you may be charged a Returned Payment Fee as shown in the Summary of Terms. However, the Returned Payment Fee will never be greater than the total amount past due on your Account. If we return unpaid any Convenience Check (including any Promotional Check), you may be charged a Returned Payment Fee as shown in the Summary of Terms. However, the Returned Payment Fee will never be greater than the total amount past due on your Account.
10. Unauthorized Use, and Identity Theft
If you notice a possible unauthorized use of your Credit, you should log in to your Tillful account and lock the Card that is being used without your authorization, report it at cards.tillful.com or call us at 1-877-TILLFUL (or 650-298-2745) for calls from outside the U.S.).
If you believe that you have been the victim of identity theft and that there is a Transaction(s) or application(s) you believe is a result of that identity theft, please contact us at Credit.tillful.com. All submissions regarding an unauthorized transaction(s) or application(s) due to identity theft must be sent to the foregoing address. If you contact us by phone regarding transactions resulting from identity theft, we will require you to make a written submission. In your written submission, please include:
(1) your Company name,
(2) your account number,
(3) if known, the date of the transaction(s) or application(s),
(4) if known, any other identifying information that you believe may assist us in identifying the transaction(s) or application(s) that were the result of a stolen identity, and
(5) any federal, state, or local law enforcement agency or officer you would like results of the investigation to be sent.
Once we receive the request we will respond within the next 30 days, pending any verification of identity, with any information in our control regarding the application(s) or transaction(s) that were the result of identity theft to you and anyone else requested in your submission.
We may require that you verify your identity before investigating your claim. If we determine that identity verification is necessary, we will request from you a copy of a government issued identification or other documentation that will allow us to verify your identity. Additionally, we may require that you submit a copy of a police report you filed evidencing the claim of identity theft, and either the Federal Trade Commission Identity Theft Report, available at the FTC’s website, or an affidavit which is substantially similar to the Federal Trade Commission Identity Theft Report.
Notify Us In Case of Errors or Questions About Your Bill: If you think there is an error on your statement, or if you need more information about a Transaction on your statement, you can notify us by visiting at cards.tillful.com and sending us your details and the required information through the Tillful Credit Card portal. In your notice, you must provide the following information:
• Account Information: Your name and account number.
• Dollar amount: The dollar amount of the suspected error, and any other information regarding the charge that may help us identify it, such as the vendor or date.
• Description of problem: If you think there is an error on your statement, describe what you believe is wrong and why you believe it is a mistake. If you need more information, describe the item you are not sure about.
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.
Your notice regarding any potential errors on your statement must be in writing (including electronic written notice), and must be submitted to us by using one of the two contact methods described above. You may call us instead, but if you do, we are not required to investigate any potential errors and you may have to pay the amount in question.
11. Our Rights and How they Affect You
Telephone Monitoring: From time to time, we may monitor and/or record telephone calls regarding your Account with us to assure the quality of our service. By entering into this Agreement, you give us your express consent to do so.
Refunds: If a seller agrees to give a refund for a Purchase made with your Credit, such refund will be provided as a credit on your Account instead of cash refund.
No Waiver of Rights; Disputed Amounts: We can accept late or partial payments without losing any of our rights under this Agreement. 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 written communications concerning disputed amounts, 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, must be mailed or delivered electronically at Cards.tillful.com
Credit Reports and Information: In certain cases, you authorize us to make or have made any credit, employment and investigative inquiries, including obtaining consumer or commercial reports on you from credit reporting agencies and/or other third party sources, as we deem appropriate in connection with your application for or the extension of credit on the Account, or the update, renewal or review of the Account, the collection of amounts owing on the Account, and/or other related purposes, in accordance with applicable law. Upon your request, we will inform you whether or not a consumer report was requested, and if one was requested, of the name and address of the consumer reporting agency that furnished the report. You agree that we may furnish information concerning your Account or credit file to consumer reporting agencies and others who may properly receive that information, in accordance with applicable law. Late payments, missed payments, or other defaults on your Account may be submitted to a credit reporting agency and reflected in your credit report.
Reporting Transactions to credit reporting agencies: By accepting this agreement and by using the Card issued to you, you explicitly consent to us that we will report select credit Transactions from the use of Credit and Cards on your behalf to credit reporting agencies in order to help you to build up your credit profile.
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 firstname.lastname@example.org.
Collection and Default: Unless prohibited by applicable law, your Account is considered to be in default if (i) you do not make at least the Minimum Payment on or before the Payment Due Date, (ii) you exceed your Credit Limit by making a Purchase, Cash Advance (if applicable), or other Transaction in connection with your Account, (iii) you become subject to bankruptcy or insolvency proceedings, (iv) you become subject to attachment or garnishment proceedings, (v) you give us any materially false information or signature, or (vi) you fail to comply with any portion of this Agreement. Our accepting a late or partial payment does not waive the default. Unless prohibited by applicable law, default on this Account will constitute default on all accounts you hold with us. Subject to any notice of default and right to cure or other restrictions of applicable law, if you are in default, we may declare the entire balance due immediately. Unless prohibited by applicable law you agree to pay our reasonable costs and attorneys’ fees related to the collection or enforcement of your Account.
Change of Terms: Subject to the limitations of applicable law, we may, at any time, change or remove any of the terms and conditions of, or add new terms or conditions to, this Agreement. We will provide written notice of such a change to you then in the manner required by applicable law, and, you hereby consent to receipt of such notice electronically where electronic notice is permitted by applicable law. As of the effective date, the changed or new terms will apply to new Purchases and Cash Advances and also to the outstanding balance of your Account, subject to the limitations of applicable law.
Delay in Enforcement: We can delay enforcing our rights under this Agreement without losing them.
12. Other Provisions
Ownership and Use of Your Credit: As the Account owner, Your Company is liable for all Credit obtained under your Account. If you authorize another person to use your Credit, your Company is liable for any credit obtained on your Account for as long as that person holds the Credit. In addition, your Company will remain liable until you recover possession of the Credit. Misuse of your Credit by an Authorized User will not be considered unauthorized use (see “Unauthorized Use and Identity Theft” above).
Transfer and Termination of Your Account: You may not transfer your Account to any other person or businesses. We may assign your Account to any other person or business at any time. Either you or we may terminate or suspend your credit privileges at any time. However, you will remain liable for all amounts owed on your Account until they are paid in full. We may terminate any or all of your Accounts at any time, or reduce the amount of your Credit Limit on any or all of your Accounts, subject to applicable law, even though a default may not have occurred. You agree that you will continue to be responsible for full payment of the balance on the closed Account(s) and all charges to the Account(s), including, without limitation: Purchases and Cash Advances that post after termination of the Account and any Finance Charge or other charges. The Account will be blocked and/or closed for non-compliance with requests for Beneficial Ownership. You or any authorized representative, Account guarantor, or administrator may cancel the Account at any time upon written notification to us by logging in to card.tillful.com.
Honoring Your Credit: We are not liable for the failure or refusal of a merchant, ATM, or other institution to honor your Credit. Although you may have credit available, we will not be liable for the failure to authorize credit due to operational difficulties or mistakes. A Transaction made above a certain dollar amount may require authorization by us before the Transaction can be approved. In addition, we may limit the number and number of Transactions approved in one day for security reasons.
Servicing the Account: We will send all written notices via email and online statements made available for your viewing as it appears on our records. To avoid delays and missed payments that could affect your credit standing, you agree to advise us promptly if you change your business address, email address, and/or telephone number(s). You authorize us or any of our agents to contact you at any telephone numbers you provide on your credit application or that you provide to us thereafter, including a ported landline, cellular phone, mobile phone or similar device, regarding payments due, Account activity, Account Information or for other purposes we deem necessary, in accordance with applicable law. You authorize those contacts to be made using an automated telephone dialing system and/or prerecorded messages and/or text messages. You may revoke your consent to being contacted on your mobile phone using an automated telephone dialing system and/or prerecorded messages and/or text messages at any time by calling us at 1-877-TILLFUL or by sending an electronic message at card.tillful.com. You authorize us or any of our agents to send email to the addresses you provide us on your credit application or otherwise. You may be charged by your wireless provider for data, phone usage or minutes. You authorize us or any of our agents to leave a message with a person or on a voice mail, answering machine or answering service that answers the number(s) you have provided to us. You also authorize us or any of our agents to send U.S. postal mail to the addresses you provide to us on your credit application or otherwise. You also confirm that by providing the mobile phone number and/or email address of an Authorized User(s), you have received consent from the Authorized User(s) to provide this contact information to us, and that the Authorized User(s) have expressly consented to receive calls and/or text messages from us or any of our agents to the number(s) provided, including through an automated telephone dialing system and/or prerecorded messages and/or text messages, about authorized Credit Transactions, and you agree to indemnify Tillful from any and all losses, damages and penalties arising out of claims or actions that such Authorized User did not consent. We can also contact other persons you have listed on your credit application or persons you have designated as Authorized Users, to find out information about you and how to contact you in the event we are unsuccessful in contacting you as described above.
Severability: In the event that any provision of this Agreement is invalid or unenforceable, or determined to be invalid or unenforceable by a court of competent jurisdiction, under any applicable law, including the Military Lending Act, the remaining provisions will remain in effect.
Entire Agreement; Interpretation: This Agreement constitutes the final expression of the credit agreement between you and us relating to your Account. 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 the Agreement.
Governing Law: This Agreement and your Account, and any claim, dispute or controversy (whether in contract, tort, or otherwise) at any time arising from or relating to your Account, this Agreement or any transferred balances, are governed by and construed in accordance with applicable federal law and the laws of the state of Delaware. 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. This Agreement is entered into between you and us in Delaware. We make decisions about granting credit to you from, extend credit to you under this Agreement from, and accept your payments in, Delaware.
13. Arbitration of Disputes
Please read this arbitration agreement carefully. It limits or waives certain of your rights. With respect to claims that you are agreeing to arbitrate pursuant to this Agreement, you are waiving your right to bring a court action and to have a jury trial. There will be no class claims in arbitration. Discovery may be more limited in arbitration than in a court proceeding, and the right and grounds to appeal from an arbitrator’s award are more limited than in an appeal from a court judgment. Certain other rights you have in a court proceeding also may not be available in arbitration.
Arbitration of Disputes: Except as expressly provided below, any controversy that arises out of or is related to (a) this Agreement (including any dispute over the validity of this Agreement to arbitrate disputes or of this entire Agreement), or (b) your Account, or (c) any relationship resulting from this Agreement, or (d) any insurance or other service related to your Account, or (e) any other agreement related to your Account or any such service, or (f) breach of this Agreement or any other such agreement, whether based on statute, contract, tort or any other legal theory, in which the aggregate amount in controversy for all claimants exceeds $15,000 including interest and attorneys’ fees (any Claim”) will be settled on an individual basis by binding arbitration under the Federal Arbitration Act (“FAA”). Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute regarding whether a particular controversy is subject to arbitration will be decided by the arbitrator(s). If any part of the damages or other relief requested is not expressly stated as a dollar amount, the controversy will be a Claim that is subject to arbitration. You and we acknowledge and agree that the Transactions contemplated by this Agreement, and any controversy that may arise under or relate to this Agreement, your Account, or the services or other agreements described above, involve “commerce” as that term is defined and used in the FAA. The arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (the “Arbitration Rules”). We will tell you how to contact the AAA and how to get a copy of the Arbitration Rules without cost if you ask us in writing to do so. The Arbitration Rules permit you to request deferral or reduction of the administrative fees of arbitration if paying them would cause you a hardship. Any in-person arbitration hearing will be held in San Francisco, CA, where our employees and records of your Account are located. Each arbitrator shall be a licensed attorney who has been engaged in the private practice of law continuously during the ten years immediately preceding the arbitration or a retired judge of a court of general or appellate jurisdiction. The arbitration award shall award only such relief as a court of competent jurisdiction could properly award under applicable law, including attorneys’ fees if allowed by applicable law or agreement, and may award to the prevailing party all pre- and post-award expenses of arbitration. All statutes of limitation, defenses, and attorney-client and other privileges that would apply in a court proceeding will apply in the arbitration. The filing of a demand for arbitration in accordance with the Arbitration Rules will be deemed the commencement of an action for purposes of any applicable statute of limitations. There will be no class Claims—Claims by or on behalf of other persons will not be considered in or consolidated with the arbitration proceedings between you and us.
This Agreement does not limit the right of you or us, whether before, during or after the pendency of any arbitration proceeding, to exercise self-help remedies such as set-off or repossession and sale of collateral, or to obtain provisional or ancillary remedies or injunctive or other traditionally equitable relief (other than a stay of arbitration) necessary to protect the rights or property of the party seeking relief pending the arbitrator’s determination of the merits of the Claim. The taking of any of the actions described in the preceding sentence by either party or the filing of a court action by a party shall not be deemed to be a waiver of the right to demand arbitration of any Claim asserted as a counterclaim or the like in response to any such action. This Agreement to arbitrate disputes will survive the closing of your Account and the termination of your Agreement with us.
US PATRIOT ACT
To help the U.S. government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person and business who opens an account. We may also ask to see your driver’s license or other identifying documents when opening an account.
California, North Dakota, South Dakota, Nevada Residents: we are unable to approve Credit for you at this time.
New Mexico Residents: The Credit Limit you request must be over $5,000. We will only approve a Credit Limit over $5,000. In all time, your secured deposit must be $5,000 or more.
New York and Vermont Residents: we may obtain your credit reports, for any legitimate purpose associated with the account or the application or request for an account, including but not limited to reviewing, modifying, renewing and collecting on your account. On your request, you will be informed if such a report was ordered. If so, you will be given the name and address of the consumer reporting agency furnishing the report. New York residents may contact the New York State Department of Financial Services by telephone or visit its website for free information on comparative Credit rates, fees and grace periods. New York State Department of Financial Services: 1-877-226-5697 or http://www.dfs.ny.gov.
Ohio Residents: Ohio anti-discrimination laws require creditors to make credit equally available to all creditworthy businesses and that credit reporting agencies maintain separate credit histories on individuals upon request. The Ohio Civil Rights Commission administers these laws.
BY USING YOUR CREDIT OR ACCOUNT, YOU ACKNOWLEDGE THAT (1) YOU HAVE RECEIVED AND HAVE READ A COMPLETED COPY OF THIS AGREEMENT (2) YOU UNDERSTAND THIS AGREEMENT AND (3) YOU AGREE TO ITS TERMS, INCLUDING THE ARBITRATION PROVISION.
The Credit issuer: Flowcast, Inc, 95 Third St, San Francisco, CA, 94103