Application Disclosure and Secured Account Agreement
Please keep this Application Disclosure and Secured Account Agreement for your records. The Chime Credit Builder Visa® Credit Card and credit account (“Card” and “Credit Account”) are offered by Stride Bank, N.A., Member FDIC (“Bank”), and are distributed and serviced by Chime Financial, Inc. f/k/a 1debit, Inc. (“Chime”) on behalf of the Bank. “We”, “us” and our” means Bank and its successors and assigns. If your application is approved, we will provide you with a Cardholder Agreement that will contain the complete terms applicable to your Card.
Table of Contents
- Billing Rights
- How We Will Calculate Your Balance
- SECURED CHARGE CARD ACCOUNT
- Funding Your Secured Account and Opening Your Credit Account
- The Credit Account and the Secured Account Are Only Available Electronically
- Negative Credit Reports
- Important Information About Procedures for Opening a New Account.
- MILITARY ANNUAL PERCENTAGE RATE DISCLOSURES
- State Disclosures
- Application Agreement
- YOUR SECURED ACCOUNT AGREEMENT
- Grant of Security Interest in the Secured Account
- The Bank’s Rights Over Your Secured Account and Funds
- Events of Default
- The Bank’s Rights Upon Your Default
- Withdrawals and Payments From Your Secured Account
- Closing Your Secured Account; Returning Unused Funds
- The Bank’s Liability to You
- Deposited Items Returned Unpaid
- Non-Interest Bearing Secured Account
- Cash Advance Fees
- Minimum Balance Limitations
- Deposits to Your Secured Account
- Electronic Fund Transfer Disclosures
- What Happens to Funds in Your Secured Account When We Investigate an Error
- Legal Actions Affecting Your Secured Account
- Adverse Claims
- Disclosure of Information to Third Parties
- Consent to Electronic Disclosures
- Governing Law
- Force Majeure
|$2.50 (per transaction) out-of-network ATM withdrawal fee. No fee for transactions at any Allpoint® or Visa® Plus Alliance ATMs, or at MoneyPass® ATMs located in a 7-Eleven, Inc. location. MoneyPass ATMs not in a 7-Eleven, Inc. location will be subject to fee(s).|
* If you use an ATM that is not a MoneyPass ATM in a 7-Eleven, Inc. location, an Allpoint ATM, or a Visa Plus Alliance ATM for any transaction, including a Cash Advance or balance inquiry, you may be charged a fee by the ATM operator even if you do not complete a transaction. This ATM fee is a third-party fee amount assessed by the individual ATM operator only and is not assessed by us. This ATM fee amount will be charged to your Credit Account. Transactions at MoneyPass ATMs not in a 7-Eleven, Inc. location are out-of-network and subject to the fee(s) as described above.
Information on your rights to dispute transactions and how to exercise those rights is provided in your Cardholder Agreement.
How We Will Calculate Your Balance
This is a secured charge card, which means it must be paid in full every month. To calculate your balance, we begin with the outstanding balance from the previous month and add purchases and transactions posted to the account associated with the secured charge card. We subtract any payments and credits that we receive. If there is still an outstanding balance after the Payment Due Date, you agree that we may consider your Account to be in Default, and if in Default Funds from your Secured Account (defined below) may be immediately applied to satisfy the outstanding difference.
SECURED CHARGE CARD ACCOUNT
This is an application for a secured charge card account. In consideration of the issuance of this secured charge card account, you have authorized the Bank to open a Spending Account, called the “Secured Account,” in your name. If you fail to make your required payments on your secured credit card account or otherwise fail to comply with the terms of the Cardholder Agreement, you could lose all Funds in the Secured Account.
To secure all of your obligations arising under this secured credit card account, you assign, transfer, pledge, grant a security interest in, and set over to the Bank all rights, title and interest in the Secured Account and in all renewals, additions and proceeds of the Secured Account. You agree that this security interest, pledge, and assignment includes and gives the Bank the right to redeem, collect and withdraw any part of the full amount of the Secured Account upon any Default under the Cardholder Agreement or in the event your secured credit card account is terminated for any reason. You acknowledge and agree that this security interest, pledge, and assignment means that the Bank has exclusive control over the Secured Account. The Bank, in its sole discretion, may grant you rights to use the Funds in the Secured Account, subject to the terms of the Cardholder Agreement. The Secured Account is a non-interest bearing account; therefore, no interest will be paid to you on the Secured Account. This security interest, pledge, and assignment is given as security for any and all amounts you may owe, including but not limited to interest, fees and charges that may accrue under your secured credit card account. You agree that if the secured credit card account is closed for any reason, the Bank may apply Funds in the Secured Account to pay off any balance on the credit card account. If there are still Funds remaining in the Secured Account after doing so, these Funds may remain on deposit for up to 60 days before being remitted to you. See the Secured Account Agreement below.
Funding Your Secured Account and Opening Your Credit Account
There is no minimum deposit required for the Secured Account. However, you must fund your Secured Account (make a deposit to it) in order to use the Card. If you do not fund the Secured Account within sixty (60) days after we notify you of your approved application, we may cancel your Credit Account and you would need to reapply for the Credit Account if you still want the Credit Account. See the Secured Account Agreement below for information on funding your Secured Account.
The Credit Account and the Secured Account Are Only Available Electronically
The Credit Account and the Secured Account are only available electronically. That means that, in order for you to get this Credit Account and the Secured Account, you must agree to receive all disclosures electronically. If you do not have the systems needed to receive disclosures electronically, we cannot provide the Credit Account or the Secured Account to you. See Consent to Electronic Disclosures in your Secured Account Agreement below.
Negative Credit Reports
You are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
Important Information About Procedures for Opening a New Account.
To help the government fight the funding of terrorism and money laundering activities, Federal law requires financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: when you open an account, we will ask for your name, address, date of birth and other information that will allow us to identify you. We may also ask for your driver’s license or other identifying information.
MILITARY ANNUAL PERCENTAGE RATE DISCLOSURES
Federal law provides important protections to active duty members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). To hear this same disclosure and for a general description of your payment obligations for this credit card account, call the following toll-free number 1-844-341-7800.
California Residents: A married applicant may apply for a separate Credit Account.
Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
Married Wisconsin Residents: If you are married, by submitting your credit card application you are confirming that this credit card obligation is being incurred in the interest of your marriage and your family. No provision of a marital property agreement, unilateral statement under Section 766.59 of the Wisconsin Statutes, or court order under Section 766.70 of the Wisconsin Statutes adversely affects the interest of the creditor unless the creditor, prior to the time the credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred. If the credit card for which you are applying is granted, you will notify Chime if you have a spouse who needs to receive notification that credit has been extended to you.
As noted above, this application is for the Chime Credit Builder Visa® Credit Card, a credit card issued by Stride Bank, N.A., Member FDIC; distributed and serviced by Chime on behalf of the Bank. You certify that all information provided is true, correct, and complete and that you have the legal capacity to enter into this contract. You authorize us to verify or check any of the information given and to obtain credit reports on you. You authorize us to obtain information from others to investigate your credit, employment and income history and state records including state employment security agency records and to report information regarding your account to consumer reporting agencies. You agree that we will determine the amount of credit extended, as well as which product you qualify for, based on our review criteria. If you do not qualify for the product or pricing requested or for the lowest pricing offered, you authorize us to grant you the product and pricing for which you do qualify. You agree to be bound by the terms and conditions of the Cardholder Agreement, which will be sent to you, and understand that the terms of your credit card account may be changed at any time, subject to applicable law. You hereby stipulate to the terms of the arbitration program described in the Cardholder Agreement. You understand and agree that you will be liable for payment of all amounts owing on the account.
Pursuant to your authorization, a consumer report from consumer reporting agencies may be obtained in considering this application and for the purposes of any update, renewal, extension of credit, review or collection of the account. Upon request, we will inform you of the name and address of each consumer reporting agency from which we obtain a consumer report relating to you.
YOUR SECURED ACCOUNT AGREEMENT
This Secured Account Agreement governs the terms of the Spending Account that you authorized us to open in your name (the “Secured Account”). For all purposes in this Secured Account Agreement the terms “you” and “your” refer to you, the person who applied for and received this Secured Account; the terms “Bank,” “we,” “us,” “our” refer to Stride Bank, N.A., Member FDIC, its successors and assigns, including Chime Financial, Inc. f/k/a 1debit, Inc., who will service your Secured Account on behalf of Bank.
By opening the Secured Account, you are providing funds from an account in your name to serve as security for your Account (“Funds”), and you agree that this Secured Account Agreement, including the security interest provisions, forms a binding contract and makes up the entire agreement between you and the Bank regarding the handling of your Secured Account. This Secured Account Agreement applies to each deposit account you maintain at the Bank, as well as all substitutions and replacements thereof, that has been assigned or pledged by you as security for the Credit Account that will be issued to you by the Bank. You should retain a copy of this Secured Account Agreement and any information that we provide you regarding changes to this Secured Account Agreement for as long as your Secured Account is open. You should ask us any questions you have about this Secured Account Agreement. We may change this Secured Account Agreement from time to time. Notice of a change may be provided by any means we consider appropriate or as otherwise required by law, including by emailing you notice of changes to this Secured Account Agreement. If any part of this Secured Account Agreement is held invalid in a legal proceeding, it will not affect the validity of any other part. Your Secured Account will be maintained in an omnibus account at the Bank and you hereby appoint Stride Bank, N.A. as your agent to pool the Funds, together with funds from other Cardholders and to deposit those funds at one or more FDIC insured banks and obtain your Funds from the pooled funds account(s) in order to transfer your Funds as you may direct. You further acknowledge and agree that we may assign and transfer the Secured Account to a third party at any time and without providing prior notices to you of the assignment.
Grant of Security Interest in the Secured Account
To secure all of your Debt arising under your Credit Account and under the terms of the Cardholder Agreement, you assign, transfer, pledge, grant a security interest in, and set over to us all of your rights, title and interest in the Secured Account and the Funds and in all renewals, substitutions of, and additions and proceeds of the Secured Account and the Funds. This is your “Security Agreement.” “Debt” includes all amounts you owe to us, including but not limited to fees and charges that may accrue under your Credit Account, and also include without limitation any continuing guaranty arising from the Credit Account, as well as each extension, refinance or renewal of such obligations, and any expenses that we incur in enforcing your obligations under this Cardholder Agreement. Your Secured Account and Funds do not secure any obligations to us other than the Debt, as defined above. No portion of the Secured Account or the Funds will be available to you or may be used to secure other loans.
The Bank’s Rights Over Your Secured Account and Funds
The security interest, pledge and assignment in your Secured Account and Funds given to us by you includes and gives the Bank the right to make settlements or compromises on the Secured Account; transfer the Secured Account to the Bank’s own name; or exercise ownership rights on the Secured Account. You waive any right to require the Bank to: (i) proceed against you or any other person; (ii) proceed against or exhaust any security you have provided to us through other agreements; or (iii) pursue any other remedy in the Bank’s power. We may, without prior notice, and from time to time: (1) renew, compromise, extend, accelerate or otherwise change the terms relating to the Debt; (2) take and hold security (other than the Secured Account) for payment of the Debt and enforce, exchange and release the security in any manner that the Bank determines is proper; (3) release or substitute you, any guarantor, or any endorser of the Debt; and (4) increase or lower the credit limit on your Credit Account, and no such action shall change the fact that the Secured Account at all times will be held by the Bank as security for the Debt.
Events of Default
We may, without prior notice, declare you in default under the Cardholder Agreement if any of the following occurs (a “Default”): (i) you fail to meet the conditions, to perform any obligation, or to make any required payment under the Cardholder Agreement or any other agreement that you make with us relating to the Debt; (ii) you have given us false or misleading information or misrepresentations; (iii) you die; (iv) any government authority takes action that we believe adversely affects your financial condition or ability to repay the Debt; (v) any guaranty or other agreement required in connection with the Debt is violated or ineffective; or (vi) you file a bankruptcy petition, a bankruptcy petition is filed against you, or you make a general assignment for the benefit of creditors. If you Default, we may declare all of the Debt immediately due and payable. The Bank may also exercise all the rights of an owner of the Secured Account.
The Bank’s Rights Upon Your Default
Upon any Default, you authorize the Bank to act as owner of the Secured Account, to withdraw Funds from the Security Account, and to apply all or any portion of the Funds at any time(s) to repayment of the Debt and our costs in enforcing its rights hereunder. The Bank is irrevocably appointed as attorney-in-fact for the limited purpose of executing any instruments required to satisfy the Debt. The Bank’s rights stated in this Secured Account Agreement are in addition to any others it has under the law. If there is a conflict regarding the security interest between this Secured Account Agreement and any other agreement, this Secured Account Agreement will control. You represent that no insolvency proceeding or general assignment for creditors is pending that would affect the Bank’s security interest. If Bank waives or delays exercising a right, it does not forfeit that right or any others. You waive any defense you may have against the Bank. The Bank can exercise its rights against the Secured Account or the Funds even if you are no longer liable on the Debt because of a statute of limitations or because of other reasons. Until the Debt is fully repaid, and you have no further obligations under your Cardholder Agreement, you will subordinate in favor of the Bank any right of subrogation and any right to enforce a remedy the Bank now has or may later have.
Withdrawals and Payments From Your Secured Account
This Secured Account and the Funds in it serve as the security for the Credit Account issued to you by the Bank. The Secured Account and Funds may not be used to secure any other loans. Subject to the terms of the Cardholder Agreement, you are permitted to withdraw or transfer money from this Secured Account. You may make withdrawals from your Secured Account up to your “Open to Buy Amount,” the amount of credit you may use without exceeding your credit limit. Please note that you cannot make electronic fund transfers from your Secured Account to accounts owned by third parties.
a. Automatic Payments. By selecting “Build Credit Safely” at enrollment and at any time thereafter through the Settings menu, you may choose to enable automatic payments from your Secured Account to your Credit Account. You do not need to enable automatic payments to be able to deposit funds into the Secured Account or make purchases with your Credit Account card. Your access to credit and “Open to Buy Amount” will be determined in the same manner whether or not you enable automatic payments. If you enable automatic payments, funds from your Secured Account in the amount of the Total Due will be used to pay your balance one day after the Statement Date. See Section 9.b. of the Chime Credit Builder Visa Credit Card Agreement for details.
b. Manual Payments. If you do not enroll, you must manually pay the Total Due by the Payment Due Date from any bank account (including the Secured Account and your Chime checking account) that belongs to you. Spending Account) that belongs to you. Your access to credit and “Open to Buy Amount” will be reduced until your manual payment is received and processed.
If you do not use your Secured Account or a different account to pay the outstanding balance on your Credit Account by the Payment Due Date, you will be in Default, and the Bank may immediately suspend your Credit Account privileges, withdraw Funds from your Secured Account, and apply them to the Total Due. This will have the effect of changing your ‘Open to Buy Amount,’ and your Credit Account privileges may be reinstated at the Bank’s discretion (see the Cardholder Agreement for more information).
At its sole discretion, the Bank has the right to require seven (7) days written notice before you withdraw or transfer money from this Secured Account. You agree that you may not withdraw funds or exercise any other rights over this Secured Account until your obligations under the Cardholder Agreement have been fully paid.
Closing Your Secured Account; Returning Unused Funds
You may not close the Secured Account until your obligations under the Cardholder Agreement have been fully paid and the Credit Account is closed. We may, in our discretion, close your Secured Account at any time. If your Credit Account is closed, we will return any excess funds that remain in the Secured Account after payment of all of your outstanding obligations. If you qualify for a return of funds from the Secured Account, we will return these funds to you by any of the following means: (i) by sending a check to you at the address we have in our records; or (ii) some other method deemed sufficient by us. We also may hold the funds in your Secured Account for as long as 60 days after you have paid off your Credit Account balance and you Credit Account is closed.
If we return excess funds to you via check, we will mail the check to your mailing address on file with us for the Secured Account. For this reason, it is important you update your contact information with us if your email address, mailing address or telephone number changes. If a check we send to you is returned by the Post Office as undeliverable and if we cannot locate you, we will hold the funds from your Secured Account until you either contact us and provide information on how to send the funds to you or until we are required to remit your funds to a state under an applicable unclaimed property law, whichever occurs first.
The Bank’s Liability to You
a. Acts and Omissions of Other Financial Institutions. We will not be liable for the intentional wrongdoing or the lack of ordinary care by any financial institution that has forwarded an order or instruction for the payment, transfer or withdrawal of funds (an “Item”) for deposit to your Secured Account.
b. Waiver. If the Bank waives any of its rights on any one occasion, it will not be considered a waiver of the Bank’s rights on any other occasion.
c. Verification of Transactions; Rights to Reverse Erroneous Credits. All transactions, including without limitation those for which we have provided a receipt, are subject to our final verification. We may reverse any credit that has been erroneously made to your Secured Account, or for which funds were not finally collected by us, at any time without prior notice.
d. General limitations. We will have no liability to you with respect to your Secured Account, other than as provided in this Secured Account Agreement. We will meet our duty of care for your Secured Account if we exercise ordinary care in the transaction at issue. When we take an Item for processing by automated means, “ordinary care” does not require that we examine the Item. “Ordinary care” requires only that we follow standards that do not vary unreasonably from the general standards followed by similarly situated banks. A mere clerical error, or an honest mistake, will not be considered a failure of us to perform any of its obligations. Unless imposed by law, we will not be liable for consequential, special, punitive or indirect loss or damages.
We are authorized to supply your endorsement to any Item taken for collection, payment or deposit to your Secured Account.
Deposited Items Returned Unpaid
We have the right to charge back to your Secured Account any Item deposited to your Secured Account that is returned. We have the right to pursue collection of such Items, even to the extent of allowing the payor bank to hold an Item beyond the midnight deadline in an attempt to recover payment. These collection efforts may include sending such Items back for collection one or more times. We will have no liability for resubmitting or not resubmitting these Items (or for taking any other action we consider reasonable to recover payment) without notice to you.
Non-Interest Bearing Secured Account
No interest will be paid on this Secured Account.
Cash Advance Fees
Cash Advance Fee. An out-of-network ATM withdrawal fee in the amount of $2.50 per transaction may be assessed for all out-of-network ATMs, which are all non MoneyPass ATMs, Allpoint ATMs, or Visa Plus Alliance ATMs and all MoneyPass ATMs not located inside a 7-Eleven, Inc. store. Additionally, if you use an ATM outside the MoneyPass, Allpoint, or Visa Plus Alliance networks, or a MoneyPass ATM not inside a 7-Eleven, Inc. location, for any transaction, including a balance inquiry, or Cash Advance, you may be charged a fee by the ATM operator even if you do not complete a withdrawal. This ATM fee is a thirdparty fee amount assessed by the individual ATM operator only and is not assessed by us. This ATM fee amount will be charged to your Credit Account. As of August 13, 2021, only transactions at Allpoint ATMs, MoneyPass ATMs in 7-Eleven, Inc. locations, and Visa Plus Alliance ATMs are not subject to the fee(s) described above; transactions at a MoneyPass ATM not in a 7-Eleven, Inc. location are subject to the fee(s) described above.
Minimum Balance Limitations
There is no minimum balance requirement to open this Secured Account. You will not be able to use your Credit Account until you deposit funds into your Secured Account.
Deposits to Your Secured Account
You may make deposits to your Secured Account at any time, subject to the restrictions stated herein, and only for the purpose of increasing your Credit Limit. Deposits to the Secured Account for any other purpose are not permitted. Increasing the balance of your Secured Account will not necessarily increase your Credit Limit for your Credit Account. We may reject any deposit that would cause the balance of your Secured Account to exceed the “Maximum Balance” as described herein. If we do allow such deposit, we are not required to do so in the future. Deposits from your Chime Spending Account to your Secured Account will be credited instantly. The Maximum Balance is $10,000, unless we elect to amend the Maximum Balance for your account. We shall provide notice prior to any amendments decreasing the Maximum balance for your account. All deposits must be made in U.S. dollars. The maximum deposit from your Chime Spending Account is $10,000. The maximum deposit from a domestic financial institution is $10,000. All deposits are subject to any other limitations we or the other financial institution may have on the transfer of funds. Note that domestic or international wire transfers will not be accepted. We may change these limits with notice to you. To determine the current limits that apply to you, you can access them under the settings section of the Mobile App, contact Member Services by calling 844-244-6363, email firstname.lastname@example.org, or ask the Chime Chatbot within the Mobile App
Electronic Fund Transfer Disclosures
Depositing funds to your Secured Account (see “Deposits to Your Secured Account” above) and withdrawing funds from your Secured Account (see “Withdrawals and Payments From Your Secured Account” above) could be conducted as an Electronic Fund Transfer (“Transfer”). This Section includes Electronic Fund Transfer Disclosures that supplement other disclosures in this Agreement.
a. Transfer Types and Limitations. The only kind of Transfer that may be made to your Secured Account are those defined in Section 13, “Deposits to Your Secured Account”. The kinds of Transfers that may be made from your Secured Account are those Transfers that occur when making payments to your Credit Account or initiating an ACH transaction from the Secured Account to move funds to another financial institution in the case of a withdrawal. See “Withdrawals and Payments From Your Secured Account” for limitations on withdrawing funds or making payments from your Secured Account.
b. Our Liability for Failure to Make Transfers. If we do not complete a Transfer to or from your Secured Account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable for instance: (1) if the Transfer is not complete, or is reversed, because a third party does not permit the Transfer; (2) if circumstances beyond our control (such as fire or flood) prevent the Transfer, despite reasonable precautions we have taken; or (3) if there are other exceptions stated in our agreement with you.
c. Transfers from Your Account. Transfers cannot be made from your Secured Account. See “Withdrawals and Payments From Your Secured Account,” above.
d. In case of errors or questions about your funding Transfers call us at 1-844-244-6363 or write us at email@example.com soon as you can, if you think your statement or receipt is wrong or if you need more information about a funding Transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. When reporting an error or making an inquiry: (1) tell us your name and account number; (2) describe the error or the Transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; (3) tell us the dollar amount of the suspected error. If you tell us orally, we require that you also send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Secured Account within 10 business days for the amount you think is in error, so that you will have the benefit of your money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing, and we do not receive it within 10 business days, we may not credit your Secured Account. For errors involving a new Secured Account, we may take up to 90 days to investigate your complaint or question and we may take up to 20 business days to credit your Secured Account for the amount you think is in error. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
e. Statements. We will provide periodic statements for your Secured Account as part of your billing statement for your Credit Account electronically by notifying you by email that your statement is available. When you receive this email, you will need to login to your Credit Account at chime.com to view and print your statement.
f. Business days. Our business days are every day except Saturdays, Sundays and federal holidays
g. Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here’s how:
Call us at 844-244-6363, or write us at Chime, P.O. Box 417, San Francisco, CA 94104-0417, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. There is no fee to process your stop payment fee.
h. Notice of varying amounts. If these regular payments may vary in amount, we will tell you 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
i. Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
What Happens to Funds in Your Secured Account When We Investigate an Error
We will place a provisional hold on the funds in your Secured Account while we investigate the error, up to the total Dollar Amount that was charged potentially in error until the investigation is complete to make sure your Credit Limit remains secured. This means that if the Total Dollar Amount of your Error is $100.00, we will place a provisional hold on $100.00 in your Secured Account while we investigate the potential error.
When we complete our investigation, you will have access to the funds in your Secured Account in accordance with the Secured Account Agreement. This means that if the Total Dollar Amount of potential error is $100.00, and an error is found, you will have access to transfer $100.00 out of your Secured Account, or up to the amount allowed in accordance with the Secured Account Agreement.
Legal Actions Affecting Your Secured Account
Your Secured Account may be subject to legal action, such as a tax levy, third party garnishment, or levy, seizure or forfeiture. Such legal action is subject to the Bank’s security interest and right of setoff. Fees or expenses the Bank incurs in responding to legal action (including without limitation attorneys’ fees and the Bank’s internal expenses) may be charged against your Secured Account.
If we receive a claim to all or a portion of your Secured Account that is adverse to your interest and we do not believe that we are otherwise adequately protected if we ignore that claim, we may place a hold on funds that are subject to the claim. The hold may be placed for any period of time we believe to be reasonably necessary to allow a legal proceeding to determine the merits of the claim to be instituted.
Disclosure of Information to Third Parties
Consent to Electronic Disclosures
This Secured Account is only available electronically. In order for you to obtain and maintain the Secured Account, you agree to receive all disclosures electronically pursuant to the Chime Electronic Communications Agreement which you previously agreed to when you opened your account and available at https://www.chime.com/electronic-communications-agreement-stride. If, for some reason, you cannot receive communications electronically in the future, you should close your Credit Account. See your Cardholder Agreement for more information on closing your Credit Account and the consequences of doing so.
You understand and agree that (i) this Secured Account Agreement is subject to applicable federal laws and, to the extent not preempted by federal law, the laws of the State of Oklahoma, and (ii) your Secured Account was opened or will be continued after approval by us in the State of Oklahoma. If any provision of this Secured Account Agreement is in conflict with applicable law, that provision shall be considered modified to the extent necessary to comply with such law.
Unless otherwise required by applicable law, we are not responsible and will not incur liability to you for any failure, error, malfunction or any delay in carrying out obligations under this Secured Account Agreement if such failure, error or delay results from causes that are beyond our reasonable control (including, but not limited to inclement weather, fire, flood, acts of war or terrorism, and earthquakes).
This Agreement is effective 06/2021