CONTINENTAL CREDIT PROTECTION Contract*

Transcription

1 CONTINENTAL CREDIT PROTECTION Contract* THIS PRODUCT IS OPTIONAL. You now have the added security of knowing that your credit card payments or outstanding balance may be canceled upon the occurrence of any of the following events as they are defined in this Contract: Loss of Life Job Loss Disability Hospitalization IMPORTANT DISCLOSURES This product is OPTIONAL. Your purchase of CONTINENTAL CREDIT PROTECTION is optional. Whether or not you purchase this product will not affect your application for credit or the terms of any existing credit agreement you have with Mid America Bank & Trust Company. Amount of fee. The monthly fee for the CONTINENTAL CREDIT PROTECTION product is based on your outstanding balance multiplied by $.99 per $100 of outstanding balance. CONTINENTAL CREDIT PROTECTION may change the amount of the Credit Fee in the future by giving you written notice, but you will have the option to cancel the Contract before any fee change goes into effect. CONTINENTAL CREDIT PROTECTION program benefits are provided in full consideration of, and is subject to, your continued payment of the Credit Fee stated above. The Credit Fee will be charged monthly to your credit card account. CONTINENTAL CREDIT PROTECTION s liability for protection under this Contract is contingent upon: (i) the payment of the fee, (ii) the occurrence of a protected event, and, (iii) compliance with applicable activation requirements. Refund of fee. You may cancel this Contract within thirty (30) days from the date you enrolled in CONTINENTAL CREDIT PROTECTION program and receive a full refund. Because each monthly payment of the Credit Fee provides you with CONTINENTAL CREDIT PROTECTION program benefits for the month in which the payment is made, you will not be entitled to any refund after the initial thirty (30) days have elapsed from the date you enrolled in the program. Use of Card restricted. If protection is activated for an event of Loss of Life, Job Loss, Disability, or Hospitalization, you will not be able to make purchases or cash advances on your credit card during a Protected Event. This Contract may not cancel your entire debt upon activation. The amount of debt canceled upon activation of this Contract may not be sufficient to cancel your entire indebtedness. You should read the Credit Contract to determine any limits on the protection amounts upon the occurrence of a Protected Event. Eligibility requirements, conditions and exclusions. There are eligibility requirements, conditions and exclusions that could prevent you from receiving protection under this Contract. You will find a complete explanation of the eligibility requirements, conditions and exclusions for each event in the General Conditions and Requirements Section and the Specific Conditions and Requirements Section of the Contract. BY SELECTING YES AND ENTERING YOUR INITIALS ON THE ONLINE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED, READ AND UNDERSTAND THE IMPORTANT DISCLOSURES ON THE CONTINENTAL CREDIT PROTECTION CONTRACT, AND YOU AGREE THAT YOU VOLUNTARILY ELECT TO PURCHASE CONTINENTAL FINANCE CREDIT PROTECTION. For purposes of this Contract, the terms you and your shall refer only to the Primary Cardholder. No person shall be considered protected under this Contract for any Protected Event that is not listed as the Primary Cardholder. * This optional program is underwritten by Continental Credit, LLC

2 CONTINENTAL CREDIT PROTECTION CONTRACT (Continued) GENERAL CONDITIONS AND REQUIREMENTS APPLICABLE TO ALL PROTECTED EVENTS General Requirements. Whether a particular event is protected is determined by the conditions and requirements of this Contract. To avoid additional interest and late fees, you, or your estate or survivors, should continue to make regularly scheduled monthly payments, including the Fee, until your request for protection is approved and activated in accordance with the Requirements for each event listed below. To request activation of protection, you, or your estate or survivors must contact the Benefit Administrator and request an Form. You, or your estate or survivors may call the Benefit Administrator toll free at , 8:00am to 9:00pm, Eastern Time, Monday through Friday and 8:00am until 12:00pm Eastern Time, on Saturday, except on holidays. Written requests for Forms should be sent via U.S. mail to: Benefit Administrator, P.O. Box 43297, Jacksonville FL The Benefit Administrator will send you, or your estate or survivors an Form within 5 days after receipt of the request. The Form must be completed by you, or your estate or survivors and such other persons or officials as may be required in the Form depending on the requirements applicable to the event. This Contract will not provide protection until this form is properly completed by all required parties and returned to the Benefit Administrator. If you or your estate or survivors fail to request the required forms, or fail to provide the Benefit Administrator with the required forms or required evidence of any Protected Event within 120 days of the start date of a new event, you will forfeit the right to any for that particular event. General Limitations on Amounts and Multiple Events. There will be no protection unless your account has an outstanding balance. The amount of protection under this Contract has limits and may not cancel your entire indebtedness or your entire monthly payment. No amounts will be paid directly to you. You must be billed for the protection in the cycle in which your loss occurs. You will remain obligated to pay any amounts or portions of amounts due under your account that the protection under this Contract is insufficient to cover. During any Protected Event, no over-limit or late fees will be applied to your account; however, you will be responsible for the delinquent and over-limit amounts. If a late fee is applied during a protected event, it will be reversed. You may only activate and receive protection for one event at a time under this Contract. The occurrence of simultaneous events only entitles you to one activation period. At least 120 days must elapse between the end of one activation period and the beginning of another for the same type of event. There is a maximum aggregate limit of $5,000 of protection that you may have with CONTINENTAL CREDIT PROTECTION under this contract. Possible Tax Consequences. The amounts protected upon activation of this Contract may be taxable to you or your estate as income. This means that you may be required to pay federal and/or state income tax on the amount of protection provided. This Contract will NOT pay any income tax owed by you or your estate. You should consult your own tax advisor regarding the consequences of any protection received under this Contract. Termination of Contract. Either you or CONTINENTAL CREDIT PROTECTION may voluntarily terminate this Contract at any time upon written notice to the other party. Your termination notice must be sent to the Benefit Administrator at P.O. Box 43297, Jacksonville, FL or you may call to terminate your enrollment in the CONTINENTAL CREDIT PROTECTION program. In addition, CONTINENTAL CREDIT PROTECTION reserves the right to automatically terminate this Contract and discontinue further protection on your behalf on the earliest of the following dates: The date you have been considered in default under the terms of your Credit Card Agreement The date your Account is lawfully discharged or terminated The date you have received the maximum protection amount under this Contract for a particular event Suspension of Contract. The date you have failed to remit the CONTINENTAL CREDIT PROTECTION fee for more than 30 days, CONTINENTAL CREDIT PROTECTION will suspend your account from being enrolled in the CONTINENTAL CREDIT PROTECTION program. During the suspension period no fee will be billed to your credit card and you will not be able to activate a benefit. If your credit card account is not closed and your account has become current, your account will be automatically reinstated in the CONTINENTAL CREDIT PROTECTION program. At this time, the fee for CONTINENTAL CREDIT PROTECTION will begin and you will be eligible to request benefits. Waiver of Requirements. CONTINENTAL CREDIT PROTECTION reserves the right to waive any term or condition of this Contract at any time at its sole discretion, provided that such waiver is beneficial to you; however, the waiver of any such requirement is considered specific to the situation and does not constitute a continuing waiver or otherwise affect the terms and conditions of this Contract, which may be fully enforced thereafter. SPECIFIC CONDITIONS AND REQUIREMENTS FOR EACH EVENT To activate protection for any event below, the event must fall completely within the specific conditions and requirements listed for that event and must not be subject to any of the exclusions from protection listed for that event. EVENT LOSS OF LIFE Specific Conditions and Requirements Definition: loss of your life during the term of this Contract Exclusions from : suicide; intentional self-inflicted injury; criminal acts; non-commercial flight; acts of war or terrorism; any pre-existing illness, disease or physical condition for which you received medical or surgical treatment, consultation, medication, advice or therapy within the 12 months before the Date and which would ordinarily be expected to materially affect your health during the 12 months after the Date the lesser of the Outstanding Account Balance on the date of death or $5,000

3 Amount: JOB LOSS DISABILITY Required Definition: Exclusions from : Amount: Period Waiting Period before Maximum Required Definition: Exclusions from : Amount: Period Waiting Period before Maximum you must be enrolled in the CONTINENTAL CREDIT PROCTETION program for 30 days before this Protected Event may be activated. completed activation form together with a certified copy of your death certificate you become and remain totally and continuously unemployed during the term of this Contract due to a permanent involuntary termination of employment; involuntary layoff or suspension of employment; authorized, unionized strike or labor dispute by a chartered or previously organized trade or labor union; lockout or discharge of employees or temporary closing in response to organized employee activity willful misconduct; criminal misconduct; voluntarily resignation; retirement; expiration of an employment contract; independent contractors; self-employed individuals; business owners (in part or whole); seasonal workers; sole proprietors; employees of immediate family; you have not been currently employed at a full time job and working at least 30 hours per week for at least 6 consecutive months immediately prior to the date your Job Loss begins your minimum monthly payment as of the date the Protected Event began, subject to a $5,000 aggregate maximum for all occurrences of all Protected Events during the term of this Contract you must be enrolled in the CONTINENTAL CREDIT PROTECTION program for 30 days before this Protected Event may be activated you must be unemployed for 30 days before this Protected Event may be activated, protection will begin on the 31 st day, retroactive to the first day the Protected Event began 12 continuous minimum monthly payments will be canceled per occurrence or until Job Loss ceases, whichever occurs first; at least 120 days must elapse between the end of one activation period and the beginning of another for the same type of event completed activation form together with the following: for Involuntary Termination or Layoff, evidence that you have registered for work with your state employment office or a recognized employment agency within 30 days after the last day employed and remains registered and actively seeking new employment while protection is activated for a Strike or Lockout, evidence of involuntary unemployment, which may include a statement signed by an officer of your union You must give written proof of your continuing Job loss on a monthly basis or any time upon request of the Benefit Administrator. you become and remain unable to perform the major duties of your occupation as a direct result of unintentional bodily injury, sickness, or disease suffered during the term of this Contract, and you are not working for wages or profit during the activation period of the Disability, and you are under the continuous care of a licensed physician (other than yourself) normal pregnancy or childbirth, including Caesarian Section; intentional self-inflicted injury; commission of a crime (including but not limited to use of illegal drugs); any disease, injury or condition of health for which you were hospitalized or received medical or surgical treatment, including medication, consultation, advice or therapy within the 12 months preceding the Date and which caused, or contributed to, the Disability within the 12 months following the Date; you have not been currently employed at a full time job and working at least thirty (30) hours per week for at least 6 consecutive months immediately prior to the date your Disability begins your minimum monthly payment as of the date the Protected Event began, subject to a $5,000 aggregate maximum for all occurrences of all Protected Events during the term of this Contract you must be enrolled in the CONTINENTAL CREDIT PROTECTION program for 30 days before this Protected Event may be activated you must be Disabled for 30 days before this Protected Event may be activated, protection will begin on the 31 st day, retroactive to the first day the Protected Event began 12 continuous minimum monthly payments will be canceled per occurrence or until Disability ceases, whichever occurs first; at least 120 days must elapse between the end of one activation period and the beginning of another for the same type of event

4 Required completed activation form together with evidence* of the date and the cause of the Disability signed by a licensed doctor of medicine or osteopathy other than yourself *To receive protection, you may be required to be examined by a different doctor chosen by the Administrator, and in the event of conflicting opinions, the opinion of the doctor chosen by the Benefit Administrator will be relied upon. Upon the Benefit Administrator s request, you must provide 1 or more written authorizations to allow your treating physician(s) to discuss your Disability or to obtain your relevant medical records. You must give satisfactory written proof of your continuing Disability on a monthly basis or any time upon request of the Benefit Administrator. HOSPITALIZATION Definition: Amount: Period : Maximum Required you have a loss of income due to a hospital night stay of 1 or more nights your minimum monthly payment as of the date the Protected Event began, subject to a $5,000 aggregate maximum for all occurrences of all Protected Events during the term of this Contract you must be enrolled in the CONTINENTAL CREDIT PROTECTION program for 30 days before this Protected Event may be activated 1 minimum monthly payment will be canceled per occurrence; at least 120 days must elapse between the end of one activation period and the beginning of another for the same type of event completed activation form together with discharge papers

5 ARBITRATION PROVISION PLEASE READ CAREFULLY: This Arbitration Provision waives any right to file claims in court, other than a small claims court, or to participate in a class action or other consolidated proceeding. Unless you promptly opt out of this Arbitration Provision in the manner set forth below in subpart (o), any claim that arises out of or in any way relates to the Continental Credit Contract, shall be resolved exclusively by binding bilateral arbitration in accord with the following: a) This Arbitration Provision is contained in a contract evidencing interstate commerce and is governed by the Federal Arbitration Act. 9 U.S.C. Sections l-16. b) Arbitration shall be administered by the American Arbitration Association ( AAA ) and conducted by a single arbitrator using the applicable rules and procedures established by the AAA for expedited consumer arbitration. To the extent any of the AAA s rules and procedures contradicts the express terms of the Arbitration Provision, the Arbitration Provision shall control and the contradictory portions of the AAA s rules and procedures shall not apply. c) The Arbitrator shall honor applicable statutes of limitations and claims of privilege. The arbitrator may award any relief available under applicable law. d) Any arbitration hearing or proceeding shall be held in the county of your residence unless you and we agree otherwise. e) The Arbitrator has no authority to conduct class, joint or consolidated arbitration proceedings. The arbitrator may only conduct arbitration and resolve claims on a bilateral basis. f) Regardless of who asserts a claim[s], we shall advance your portion of the arbitration filing and hearing fees. If we prevail in arbitration, the arbitrator may require you to reimburse us for any filing and hearing fees that we advanced on your behalf provided that the total filing and hearing fees paid by you shall not exceed the court costs you would have paid in a comparable state court action. This subpart (f) shall not affect attorney s fees or costs, including witness or expert witness' fees or costs. You shall be responsible for your own attorney s fees and costs. g) If permitted by applicable law, the arbitrator may award reasonable attorney s fees and costs to the party who substantially prevails in arbitration. h) In the event the AAA or its rules and procedures are unavailable for any reason, you or we may ask a court to appoint a substitute arbitrator to arbitrate under comparable rules and procedures. The unavailability of the AAA or its rules and procedures shall not render the Arbitration Provision unenforceable.

6 i) The Arbitration Provision covers any claim arising out of or in any way relating to the Provision itself. All issues of arbitrability must be arbitrated, including but not limited to whether the Provision is enforceable or applicable. j) The Arbitration Provision remains in full force and effect unless you opt out of the Provision in accord with subpart (o) or you and we otherwise agree in writing to set the Provision aside. The Provision survives, for example but without limitation, the bankruptcy of any party and the cancellation, termination, or satisfaction of your Continental Credit Contract. k) Each of the following persons or entities is an intended beneficiary of the Arbitration Provision and may enforce the Provision in full with respect to any claims between such persons or entities on the one hand and you on the other hand that arise out of or in any way relate to the Continental Credit Contract or the Provision: any of our past, present, and future employees, agents, principals, representatives, directors, officers, shareholders, governors, managers, members, parent companies, subsidiaries, affiliated entities, partners, licensees, attorneys, predecessors, successors, joint venturers, contractors, assigns, designees, servicers, and service providers (defined as any third party providing us or any of the foregoing entities or persons any goods or services that arise out of or in any way relate to the Contract or the Provision). l) The Arbitration Provision may be enforced by or against any person or entity purporting to bring claims on your behalf, including but not limited to any agent, representative, guardian, or trustee. The Provision may also be enforced by or against any person or entity who acquires any right or interest that, but for the transfer of the right or interest, would have belonged to us or an intended beneficiary of the Provision. m) You and we shall retain the right to bring in the small claims court for the county of your residence any claims that are within the small claims court s jurisdiction. Any appeal or other review of a small claims court judgment or order shall be undertaken exclusively by arbitration in accord with the Arbitration Provision. n) With the exception of subpart (e), if any part of the Arbitration Provision is found unenforceable, subject to any rights to judicial and/or appellate review the offending part shall be severed and the balance of the Provision shall remain in effect and shall be construed in light of the express intent of you and us to resolve all claims on a bilateral basis in binding arbitration. If a final, non-appealable court judgment finds that subpart (e) is unenforceable or cannot he given effect, the entirety of the Arbitration Provision shall he null and void. o) You may opt out of this Arbitration Provision without terminating your Continental Credit Contract by sending written notice to us of your decision to opt out. Notice must he sent by United States Postal Certified Mail, Return Receipt Requested, to us at the following address: Continental Finance Company, P.O. Box 8099, Newark, DE The notice must be postmarked no later than 30 days after the date of your Contract. You must retain proof of receipt.