Terms & Conditions

Terms & Conditions

The following terms and conditions constitute a legal agreement (“Agreement”) between City Lending Centers (CLC) or “We” or “Us”) and you (“You” or “Your”) regarding your use of CLC’s Web site (“Site”) and services. Please read all of the following terms and conditions before using this Site. By accessing,

browsing, and/or using this Site, you represent and warrant that: you have read, understood, and agreed to be bound by these terms and conditions.

Proceed with Enrollment for the Service

By clicking on the “I agree” button you represent that you are age 18 years or older and you can form a binding contract with us and are not a person barred from receiving Services under the Law of the Unites States or other applicable jurisdiction. Clicking on the “I agree” button also indicates your acceptance of the terms and conditions of this Agreement in this electronic format.

If you cannot confirm the foregoing, then you must not agree to these Terms and Conditions and may not use the Application or Services. You may use the Services only in compliance with these Terms and

Conditions and all applicable laws and regulations.

Proceed with Acceptance of E-Disclosures

With your acceptance, you agree to accept account related disclosures in an electronic format. You also agree that you have the necessary equipment for accessing and viewing the disclosures and you agree to notify us if you change your email address or if you no longer want to receive disclosures electronically.

Upon completion of the registration process, we may send you an email and ask you to confirm your email address, and your ability to access electronic disclosures.

Proceed with Acceptance of Authorization for Automatic Payments

By accepting you authorize CLC and our aaffliate to verify the existence of your External Account(s) enrolled for the service AND to initiate electronic funds transfers from your designated account provided to CLC on the date of this agreement for monthly repayments on your loan. EACH MONTH, THE DEBIT AMOUNT WILL INCLUDE YOUR MONTHLY PRINCIPAL AND INTEREST PAYMENT, AND

APPLICABLE FEES, IF ANY. ANY FEES AUTHORIZED TO BE CHARGED ON YOUR LOAN MAY BE COLLECTED USING ELECTRONIC FUNDS TRANSFERS INITIATED BY US FROM YOUR

DESIGNATED ACCOUNT.

You understand that this authorization will remain in full force and effect until you notify CLC either by online chat, email, mail or by other means available, at least seven (7) days prior to the proposed effective date of termination that you wish to revoke this authorization. You understand that CLC requires at least seven (7) days prior notice in order to cancel this authorization.

CLC Service Agreement

Table of Contents

  1. Scope of this Agreement
  2. Accepting the Agreement
  3. Credit Builder Account Servicing
  4. Requirements for Enrolling in the Service
  5. Registration Process
  6. Canceling a Payment
  7. Privacy
  8. Access
  9. Internet Security
  10. Your Password Responsibilities
  11. Our Liability for Failure to Complete Transactions
  12. CLC Unauthorized Transaction Policy
  13. Consumer Reporting Services
  14. Dispute of Credit Reporting Information by Customer
  15. Alterations and Amendments
  16. Customer Permission for Text Messaging/Alerts, and Push Notifications
  17. Address, E-mail, or Payment Account Changes
  18. Service Termination, Cancellation, or Suspension
  19. Third-Party Service Providers
  20. Limited License
  21. Intellectual Property; Information You Provide to Austin Capital Bank, SSB
  22. Limitation of Liability and Exclusions of Warranties
  23. Assignment
  24. No Waiver
  25. No Third-Party Beneficiaries
  26. Captions
  27. Disputes
  28. Waiver of Trial by Jury
  29. Ownership of Material
  30. Governing Law and Relation to Other Agreements
  31. Questions

1.  Scope of this Agreement

This Agreement between you and CLC governs your use of our services (the “Service”), which contains an interactive platform, to obtain various financial services. In order to use the Application CLC may make available, you must have a compatible mobile device operating system that meets the specifications established by CLC in its sole discretion, as described in the Electronic Disclosure Consent.

2. Accepting the Agreement

You agree that you have reviewed this Agreement in its entirety as well as the linked Privacy Policy. By accepting these terms and conditions, you represent and warrant that you are an Authorized User acting with full authority, and that you are duly authorized to execute this Agreement.

You should print and/or save a copy of this Agreement for your records. If have any questions about this

Agreement, please contact us via live chat, or email at support@citylending.ca, You can obtain a paper copy of this Agreement at any time. Updates to this Agreement will be sent electronically as further described within this Agreement.

WHEN YOU CLICK ON THE “I agree” BUTTON, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ACCEPTING, YOU ALSO CERTIFY THAT YOU ARE ABLE AND WILLING TO ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND/OR DO NOT ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT, SELECT THE “Close” BUTTON AND EXIT THE

APPLICATION.

3.  Credit Builder Account Servicing

By using the Services, you can use our website, www.citylending.ca, to apply for a credit builder loan and open a savings account.

In connection with the Services, CLC will perform the following activities with respect to the credit builder loans, including, but not limited to, the following:

  1. Issue monthly statements to you
  2. Issue payoff demands;
  3. Collect loan payments;
  4. Issue annual tax statements to you;
  5. Answer your inquiries and requests;
  6. Employ such outside services as necessary to service the loans; and
  7. Issue all disclosures as required by

CLC shall also:

  1. Provide you with your deposit account information via an online website and electronic account statements;
  2. Answer your inquiries, demands and requests in a timely manner electronically or telephonically;
  3. Facilitate and provide methods and means for customers to withdraw deposited funds upon termination of a loan;
  4. Issuing all disclosures and account agreements as required by applicable

4.  Requirements for Enrolling in the Service

In order to enroll in the Service:

  • You must be 18 years of age or
  • You must be a resident of
  • You must have a valid Social Security
  • You must have an Internet browser that will support 128-bit
  • You will need Internet access through an Internet service provider (ISP).
  • You will need a valid phone number to receive SMS messages about the electronic notices and disclosures or a Google Voice account.
  • You will need an external email address for the delivery of electronic notices and
  • You will also need access to a printer and/or other storage medium such as a hard drive for downloading information or printing disclosures.

Prior to enrolling in the Service and accepting the electronic version of this Agreement, you should verify that you have the required hardware and software necessary to access the Service and to retain a copy of this

Agreement.

If we revise hardware and software requirements, and if there’s a material chance that the changes may

impact your ability to access the Service, we will give you advance notice of these changes and provide you an opportunity to cancel the Service and/or change your method of receiving electronic disclosures (e.g. change to paper format vs. an electronic format) without the imposition of any fees.

5.  Registration Process

Via the Service, you may apply for a savings-secured loan, called a “Credit Builder Loan,” and obtain related analysis of information in connection therewith. You must complete the registration process to use the Service.

When you register for the Service, you agree to provide true and accurate, current and complete information about yourself and you consent not to misrepresent your identity or your account information. CLC will verify the information you submit for accuracy and proper authorizations.

If any information you furnish is fraudulent, inaccurate or not current, Austin CLC, in its sole discretion, has the right to deny or terminate your use of the Service and refuse all current or future access to the Service.

Further, you agree that CLC will not be liable to you or any third party if CLC bars your access for any reason.

6.  Canceling a Payment

You cannot cancel a Payment after it has been entered into the system AND the information has been processed and/or transmitted to us through the Service; however, you can cancel a payment that is still “pending”.

  1. Email us at support@citylending.ca

7.  Privacy

We understand how important privacy is to our customers. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. You should read our

Privacy Policy before completing the enrollment process for the Service.

8. Access

The service is generally accessible 24 hours a day, seven days a week, except that the Services may be

inaccessible for a reasonable period on a periodic basis for system maintenance. We are not liable under this Agreement or any applicable Service Agreement for failure to provide access due to a system failure or due to other unforeseen acts. We may modify, suspend, or terminate access to the Services at any time and for any

reason without notice or refund of fees you have paid. CLC may change the terms and conditions of this

Agreement or any applicable Service Agreement from time to time to conform with changes or advancements in our services, or as required by law or regulation.

9.  Internet Security

The Service utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. Prior to activating your access to the Service, CLC will verify your identity and proper authorizations.

Verification codes and Passwords – During the application process, you will be asked to provide a verification code sent to your mobile device via SMS service, and then choose a Password that will be used to gain access to the Service. The verification code is valid only 15 minutes; you can always request a new code to be sent to your mobile device. You determine your own Password, which is encrypted in our database. You will also be required to verify your email address by way of a secured link sent to the email address entered

during the application process. The link will be valid for 24 hours, after which you may request a new link to be sent to your email address.

Because your Password is used to access your accounts, you should treat it as you would any other sensitive personal data.

  • You should carefully select a Password that is hard to
  • You should not use words based on your name, address or other personal
  • Special characters may be used to increase
  • Do NOT use dictionary words.
  • Keep your Password safe.
  • Memorize your Password and do NOT write it down.
  • You should also change your Password occasionally, such as every 90
  • A Password should be changed immediately if you suspect that your Password has been This can be done at any time from the “My Information/Security” menu after you log on to the Service.

KEEP YOUR USERNAME, PASSWORD, AND OTHER LOGIN CREDENTIALS CONFIDENTIAL. ANY

PERSON WHO PRESENTS YOUR VALID LOGIN CREDENTIALS TO CLC VIA THE SITE OR SERVICE WILL BE DEEMED TO BE AUTHORIZED TO ACCESS YOUR ACCOUNT.

DO NOT GIVE YOUR USERNAME, PASSWORD, OR OTHER LOGIN CREDENTIALS TO ANOTHER PERSON. NEITHER THIS INSTITUTION NOR ITS SERVICE PROVIDERS WILL CONTACT YOU VIA

TELEPHONE OR EMAIL REQUESTING PERSONAL INFORMATION, OR YOUR PASSWORD. IF YOU ARE CONTACTED BY ANYONE REQUESTING THIS INFORMATION, PLEASE CONTACT US IMMEDIATELY.

Encryption – The Service uses Secure Socket Layer (SSL) encryption technology to encrypt transmissions to and from your computer or mobile device to the Service after you have presented valid login credentials. Your browser automatically activates this technology when it attempts to connect to our Service. The Service requires a browser that supports 128-bit encryption. The Service will warn you if your browser does not meet this requirement.

Whenever SSL is securing your communications, the browser will typically indicate this secure session by changing the appearance of a small icon of a padlock at the bottom of the screen from “open” to “locked”. What this means to you is that your communications are scrambled from your browser to our servers so no unauthorized party can read the information as it is carried over the Internet.

Certificate Authority – The servers hosting the Service have been certified by a Certificate Authority to assure you that you are actually talking to the Service instead of someone pretending to be us. If you are using an older browser, such as anything prior to versions 4.0 on Netscape Navigator or Internet Explorer, you will see that the Certificate Authorities key may have expired; you will need to update your browser. By clicking on the lock within the Service, you can view the certificate to ensure it’s valid.

Additional Security Guidelines:

  • You should always sign-off after every Service session; however, online sessions will automatically end after twenty (20) minutes of This is to protect you in case you accidentally leave your computer or mobile device unattended after you log-in.
  • The security of public computers (e.g. in a library, or Internet café) cannot be We recommend that you do not access the Service on a public computer.
  • Routinely scan your computer, servers, and electronic media using reliable virus detection and

anti-spyware products. Undetected or un-repaired viruses or spyware may affect the performance of your computer, corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit sensitive data to another third party or transmit a virus to other computers.

  • Use a firewall (hardware and/or software), especially if you have a broadband Internet connection such as DSL or cable modem.
  • Keep your computer’s operating system and browser fully updated for critical security issues. We recommend use of the most current, fully patched, versions of Internet browsers for accessing the

10.  Your Password Responsibilities

When you accept the terms and conditions of this Agreement, you agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service, your password, or other means to access your account, you are responsible for any transactions they authorize, even if they

initiate transactions or other actions that you did not authorize.

If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent, you must notify us at once by calling (888) 330 1239 or using the online live chat.

IF YOU DISCLOSE YOUR PASSWORD TO ANYONE, AND/OR IF YOU ALLOW SOMEONE TO USE YOUR PASSWORD TO ACCESS YOUR ACCOUNTS, YOU ARE AUTHORIZING THEM TO ACT ON YOUR

BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE SERVICE BY THEM.

It is your responsibility to read all security notices we send to you via the Service or post to our Site.

11.  Our Liability for Failure to Complete Transactions

We will use commercially reasonable efforts to process all your payments properly. However, we shall incur no liability if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:

  1. If, through no fault of ours, your Payment Account does not contain sufficient funds to complete the transaction;
  2. The Service and/or the payment processing center is not working properly, and you know or have been advised by the Service about the malfunction before you execute the transaction;
  3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or other account information;
  4. Your Payment Account(s) is closed;
  5. If your computer, mobile device, software, telecommunication lines were not working properly;
  6. The payment involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
  7. We have reason to believe that a payment may not be authorized by you or any third party whose authorization we believe is necessary; and/or
  8. Circumstances beyond our control, (such as, but not limited to, fire, flood, telecommunications disruptions of any kind, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account, or which does not comply with your Payment Instructions, CLC shall be responsible for returning any improperly transferred funds to your Payment Account.

12.  CLC Unauthorized Transaction Policy

In case of errors or questions about your electronic transactions, you should notify us as soon as possible through one of the following methods:

  • Using the online live chat on citylending.ca;
  • Telephone us at (888) 330 1239 during customer service hours, or leave a message

13.  Consumer Reporting Services

You understand that by accepting these Terms and Conditions you are providing “written instructions” to our third-party service providers. TransUnion and Equifax ., and their employees, agents, subsidiaries, affiliates, contractors, third party data providers, and all other credit reporting agencies under the Fair Credit Reporting Act (“FCRA”), as amended, including TransUnion, Equifax and affiliated entities, to access your credit files from each national credit reporting agency and to exchange information about you with each such national credit reporting agency in order to verify your identity and to provide the services to you. You agree and hereby authorize CLC, its agents and employees, to provide your personally identifiable information to third parties as provided in our Privacy Policy, as may be amended from time to time. You waive any and all claims against CLC, and its agents and employees for the acts or omissions of these third parties with regard to the use or disclosure of such information. You further authorize CLC, and its agents and employees to obtain various information and reports about you in order to provide the services, including, but not limited to, address history reports, name and alias reports, criminal reports or sex offender reports, and to provide monitoring and alerts.

CLC will report your loan payment activity to the credit reporting agencies(CRA). Notwithstanding the above, any party may dispute any entry on a credit report provided by CLC to a CRA. CLC is not responsible for how any CRA may manage or use the information provided to them by CLC and you agree to hold CLC harmless for any action taken by a CRA.

14.  Dispute of Credit Reporting Information by Customer

  • Notice of Dispute

A customer may dispute an entry on their credit report derived from information provided by CLC by notifying CLC either in writing or by other means available to the customer. The customer shall provide the following

information as part of any dispute:

  • Name of customer and account number
  • A brief description of the disputed information
  • Address of customer or other means for Credit Strong to contact customer with results of investigation
  • Investigation of Disputed Information

Upon receipt of a notice of dispute, CLC will conduct a reasonable investigation and make a determination of the status of the disputed information within thirty (30) business days of receipt of the notice of dispute from the customer.

  • Notification of Determination

Once a final determination has been made regarding the disputed information, CLC will notify the customer for that purpose, within five (5) business days of the determination regarding the disputed information.

If CLC determines that the dispute is frivolous or irrelevant, CLC shall so notify the customer in writing. If CLC determines that the disputed information is, in fact, inaccurate, CLC shall notify the customer in writing within five (5) business days of the determination and will promptly notify all credit reporting agencies to which CLC provided said information and request that they delete or modify the information as appropriate.

If CLC determines that more information is necessary to complete its investigation, CLC will notify the customer, and the customer’s counterparty if necessary, and request additional information from them to help make a final determination as to the disputed information. Upon receipt of the additional information, CLC shall make a final determination on the disputed information, considering all information provided by all parties, within thirty (30) days of receipt of the notice of dispute by CLC under this section. Notice of said determination shall be forwarded to the customer as described above.

15.  Alterations and Amendments

This Agreement, applicable fees and service charges may be altered or amended from time-to-time. In such event, we will provide notice to you. Any use of the Service after we provide you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete.

Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service’s more recent revisions and updates.

16.  Customer Permission for Text Messaging/Alerts, and Push Notifications

You grant CLC, or those third-party service providers acting on CLC’s behalf, express written consent to send autodialed and prerecorded message calls, text messages or push notification alerts from CLC to any mobile telephone number you provide to CLC, regardless of your registration of your mobile device number on any state or federal “do not call” registry. Your express, written permission applies to messages and alerts regarding the Service.

With regard to any text messages, alerts or email relating to the Service, CLC will not include any access codes or similar non-public personal information in such message. You acknowledge and understand that you will be liable for any third-party data charges that may apply to any of the aforementioned means of communication.

17.  Address, E-mail, or Payment Account Changes

You agree to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers, e-mail addresses, and payment account. If your contact information changes, you agree to promptly provide to us your current updated contact information. Changes can be made within the Service in the My Information/General Info menu.

We are not responsible for any Service errors, Payment processing errors, or fees incurred if you do not provide accurate Payment Account or contact information.

18.  Service Termination, Cancellation, or Suspension

In the event you wish to cancel the Service, please contact CLC via online live chat or phone at (888) 330 1239, or email support@citylending.ca, include your name, email address and phone number for your CLC account/customer number. You may also terminate your account online at any time.

Any Payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments, including automatic payments, will not be processed once the

Service is cancelled. You will remain responsible for any fees associated with the Service prior to the effective cancellation date. If you cancel your account, any amounts you owe us for your Credit Builder Loan and any fees or charges you owe us will be set off with funds in your deposit account. If any funds remain in your deposit account after set off, those funds will be returned to you via EFT or debit card transaction. We may terminate or suspend the Service to you at any time. Neither termination nor suspension shall affect your

liability or obligations under this Agreement. Access to our Service may be canceled in whole or part without prior notice.

19.  Third-Party Service Providers

CLC relies on third-party service providers and networks (each a “Third Party) to facilitate the services provided under this agreement, and other third-party services. You agree that CLC may use the services of Third Parties to facilitate services provided to you by CLC. In the event that we determine, base on our sole discretion, that we’re unable to provide third-party network or services access, CLC may discontinue or modify the services provided or may provide the service through an alternate Third Party and shall have no liability for the modification or unavailability of the service. Any third-party service provider used by CLC is an

independent contractor and not the CLC’s agent. CLC reserves the right to change, cancel, terminate, assign, or modify its agreements with a Third Party. You are not a third-party beneficiary of any agreement CLC has with a Third Party. You further agree that, subject to federal law and CLC’s Privacy Policy, CLC may provide your nonpublic personal information and financial information to a Third Party in order to process transactions and provide services which you have requested from CLC.

The following paragraphs regard services provided through Third Parties:

  • ZumRail

CLC uses ZumRail to gather End User’s data from financial institutions. By using our service, you grant CLC and ZumRail the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial

information being transferred, stored, and processed by ZumRail in accordance with the ZumRail’s privacy policy.

  • Our other Affliates

CLC uses other partners who collects Personal Information relating to cardholders, merchants or other customers, suppliers and other business partners in order to carry out its business activities. Our partners may collect Personal Information from various sources, including:

  • Information you voluntarily provide, either directly or via our customers;
  • Information automatically collected when you use our Sites and Services, including in our role as a payment processor;
  • Information collected by cookies and other tracking technologies when you use our Sites; and
  • Information collected from third parties, including fraud monitoring providers, commercial databases, or know your customer (KYC)

By using our service, you grant CLC, our investors and our partners the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial

institution. You agree to your personal and financial information being transferred, stored, and processed by

20.  Limited License

Subject to the terms and conditions set forth in this Agreement, CLC grants to you a non-exclusive,

non-transferable, limited right and license to: (1) access, use and display this Site and the Content on this Site solely for informational purposes; and (2) view and download the information and materials on this Site (“Content”) only for your personal, non-commercial use. Your use of this Site and its Content are further restricted to your use exclusively for the purpose of using CLC’s services for your personal family or household use. Except as expressly stated herein, you may not copy, reproduce, distribute, republish, download, display, post, or transmit any Content in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of CLC. You further agree not to interrupt or attempt to interrupt the operation of the Site in any way.

This Site, including all Content, is copyrighted by CLC and is protected by Canada’s copyright laws and international treaty provisions. The limited right and license granted above does not transfer title in the Content or any copies of the Content. You agree to retain, on all copies of the Content downloaded, all

copyright and other proprietary notices contained in the Content. You may not modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use the Content for any public or commercial purpose. You agree to abide by any additional restrictions displayed on the Site as it may be updated from time to time. You agree to comply with all copyright laws and treaties worldwide in your use of this Site and to prevent any unauthorized copying of the Content. Except as expressly provided herein, CLC does not grant any express or implied right to you under any intellectual property rights.

CLC may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time and for any reason. CLC may also impose limits on certain features and services or restrict your access to all or parts of the Site without notice or liability. The limited right and license granted above terminates automatically if you breach any of the terms and conditions of this Agreement. CLC may also terminate the limited right and license given above at any time for any reasons. Upon any termination of the limited right and license given above, you shall immediately destroy all Content.

21.  Intellectual Property; Information You Provide to CLC

All trademarks, servicemarks, trade names, and logos (“Marks”) used and displayed on the Site are registered and unregistered marks of Credit Strong or the respective third-party owner. Nothing on the Site is to be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks, without the written permission of CLC or the owner of the Mark. CLC’s Marks may not be used in any way without prior written permission from an authorized representative of CLC.

Any personal identifying information, nonpublic personal information, or personal financial information you provide to CLC through this Site is protected by CLC’s Privacy Policy and may receive protection from disclosure.

Other information or materials, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to CLC by you or on your behalf through the Site, including but not limited to any related intellectual property, will not be considered confidential or proprietary and will become the exclusive property of CLC without compensation. You hereby agree to take whatever further actions may be necessary to assign your rights to the same to CLC. Without limiting the foregoing, if any such information or materials is provided to CLC, you agree that CLC will have an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials for any purpose whatsoever, and you further agree that CLC is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to CLC.

You are prohibited from posting or transmitting, and you warrant that you will not post or transmit, to or from the Site any unlawful, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any information that incorporates the proprietary information or material of another.

23.  Assignment

You may not assign this Agreement to any other party. We may assign this Agreement in our sole discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

24.  No Waiver

CLC and its Service Providers shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

25.  No Third-Party Beneficiaries

There are no third-party beneficiaries to this agreement. This agreement does not grant any right or benefit to any person who is not a party to this agreement.

26.  Captions

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

27.  Disputes

You agree that this Agreement, in addition to any deposit account agreement or loan agreement you have entered into with us is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement.

28.  Waiver of Trial by Jury

The parties hereby knowingly, voluntarily and intentionally waive any right they may have to a trial by jury with respect to any litigation brought based upon this Agreement, or arising out of, under, or in connection with this Agreement and any agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements or actions of the parties. This provision is a material inducement for the parties entering this Agreement.

29.  Ownership of Material

Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by CLC and/or is Service Providers unless otherwise indicated. All registered and unregistered trademarks used in the Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.

30.  Governing Law and Relation to Other Agreements

Account and services provided by CLC may also be governed by separate agreements with you. This

Agreement supplements any other agreement(s) and/or disclosures related to your Account(s) and provided to you separately. The terms and conditions of any deposit account agreement or loan agreement or promissory note you have with us shall be controlling with respect to such loan or deposit account.

To the maximum extent permitted by applicable law, no action, regardless of form, arising out of these

Account Servicing Terms and Conditions may be brought by either party more than two (2) years after the claiming party knew or should have known of the cause of action.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and CLC as a result of these Account Servicing Terms and Conditions or accessing the Services. CLC’s performance under these Account Servicing Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Account Servicing Terms and Conditions is in derogation of CLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Service or information provided to or gathered by CLC with respect to such use.

31.  Questions

Should you have any questions concerning these Account Servicing Terms and Conditions, please contact us using the online live chat, by phone at (888) 330 1239.