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FORTIVA CREDIT PROTECTION
PLAN ADDENDUM
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY SO THAT YOU WILL BE AWARE OF LIMITATIONS, EXCLUSIONS AND REQUIRED PROCEDURES.
1. FORTIVA CREDIT PROTECTION is an optional addition to your The Bank of Missouri ("we", "us" and "our") Fortiva Cardholder Agreement ("Agreement"). Your decision to add Fortiva Credit Protection to your Agreement will not affect any application for credit or the terms of any existing credit agreement that you may have with us. In return for a monthly fee ("Fortiva Credit Protection Fee") and under certain conditions as described herein, we will make your minimum payment for a period of time or cancel certain portions of your Account balance as described below. In this Fortiva Credit Protection Plan Addendum ("Addendum"), "you" and "your" refer only to the Primary Cardholder of the Fortiva credit card account ("Account") that is protected under this Addendum. No other person shall be considered a party to or protected under this Addendum for any Protected Event.
2. DEFINED TERMS. "Capitalized terms not defined herein have the same meanings as are given them in your Agreement. Within this Addendum, certain terms are defined as follows:
Benefit(s): Balance cancellation or payments made by us on your behalf for minimum payments due on your Account for a period of time.
Balance Cancellation Benefit: Cancellation of all or a portion of your outstanding debt as a result of activation of a Benefit for Loss of Life. The amount cancelled will not exceed the lesser of your Protected Balance, your Credit Line or $5,000.
Minimum Payment Benefit: During a Minimum Payment Benefit Period, your responsibility to make a minimum payment on your Account is eliminated (excluding any past due or over-limit amounts) as a result of your activation of a Benefit for Involuntary Job Loss, Disability, or Hospitalization. We will not bill your Account for Fortiva Credit Protection Fees, and we will make any minimum payments due on your behalf during the Minimum Payment Benefit Period. However, finance charges will continue to accrue during the Minimum Payment Benefit Period. Any scheduled annual fee provided for in your Agreement will be deferred until the Minimum Payment Benefit Period has ended. Once the Minimum Payment Benefit Period has ended you will be obligated to repay the amount outstanding on your Account, including any charges posted during the Minimum Payment Benefit Period.
Minimum Payment Benefit Period: The period of time during which we will make minimum payments on your behalf. The Minimum Payment Benefit Period begins after approval of the Benefit Activation Form and will not exceed six (6) Billing Cycles for Involuntary Job Loss, Disability or Hospitalization.
Enrollment Year: Begins on the Enrollment Date as printed on the Addendum and continues for 365 days.
Event Date: The initial date of a Protected Event as indicated on your accepted Benefit Activation Form. For Loss of Life, the date of death as indicated on your accepted Benefit Activation Form.
Protected Balance: The outstanding balance of your Account as of an Event Date.
Protected Event: Loss of Life, Involuntary Job Loss, Disability, or Hospitalization (as defined in Specific Conditions and Requirements for Each Protected Event section below), for which you are eligible to receive a Balance Cancellation Benefit or Minimum Payment Benefit under this Addendum.
Responsible Party: An individual designated and authorized to handle your financial matters.
3. FORTIVA CREDIT PROTECTION FEE. The Fortiva Credit Protection Fee is $.89 per $100 of your total outstanding balance for Purchases and Cash Advances. The Fortiva Credit Protection Fee will be shown on your Account billing statement and added to the outstanding balance due on your Account each Billing Cycle. If the total outstanding balance on your Account for Purchases and Cash Advances for a Billing Cycle is zero, no Fortiva Credit Protection Fee will be imposed for that Billing Cycle. Your enrollment in Fortiva Credit Protection will automatically renew each Billing Cycle, at the then current rate, unless you contact us to cancel. See Section 9 below.
4. SPECIFIC CONDITIONS AND REQUIREMENTS FOR EACH PROTECTED EVENT. To activate a Benefit for any Protected Event, you must meet the specific conditions and requirements for the Protected Event as described below and not be subject to any of the exclusions.
LOSS OF LIFE
INVOLUNTARY JOB LOSS
HOSPITALIZATION
DISABILITY
5. GENERAL CONDITIONS AND REQUIREMENTS APPLICABLE TO ALL PROTECTED EVENTS.
5.1 General Activation Requirements. "You or a Responsible Party must notify us of the occurrence of a Protected Event in accordance with all applicable guidelines. Benefits are contingent upon (i) your active enrollment in Fortiva Credit Protection (including your satisfactory payment of the Fortiva Credit Protection Fee), (ii) the occurrence of a Protected Event, (iii) your compliance with applicable activation requirements and (iv) the expiration of any applicable waiting period for Benefit activation.
5.2 No Addendum Waiting Period. A Benefit may be activated for any Protected Event occurring after your Enrollment Date.
5.3 Benefit Activation. To request activation for a Protected Event, you must contact Fortiva Credit Protection and request a Benefit Activation Form. You may call the Fortiva Credit Protection Program toll free at 1-866-816-7025, Monday through Sunday from 8:00 a.m. to 12:00 a.m. Eastern Time. Written requests for Benefit Activation Forms should be sent via U.S. mail to Fortiva Credit Protection, P.O. Box 105415, Atlanta, GA 30348-5415. Fortiva Credit Protection will send a Benefit Activation Form within 15 days of the request. You or a Responsible Party and any other required persons or officials must complete the Benefit Activation Form as required for the applicable Protected Event. We will not activate a Benefit until the Benefit Activation Form is completed by all required parties and returned to the Fortiva Credit Protection with the required documentation. If you or a Responsible Party fail to request the Benefit Activation Form,or fail to provide the Program Administrator with the required documents or required evidence of any Protected Event within {60} days of the Event Date, you will forfeit the right to any Benefit for that particular Protected Event. If you elect to terminate a Benefit early, you forfeit the right to any further Benefit for Protected Event.
PLEASE NOTE. The timing of the application of a Cancellation Benefit or Minimum Payment Benefit to your Account will be based on your submission and our approval of the Benefit Activation Form. To avoid additional Finance Charges and Late Payment Fees on your Account, you or a Responsible Party must continue to make the scheduled Minimum Payments on your Account, until your request for a Protected Event is approved and a Benefit is activated.
6. GENERAL LIMITATIONS ON BENEFITS, MULTIPLE PROTECTED EVENTS AND MULTIPLE OCCURRENCES.
6.1 General Limitations and Monetary Limitations on Benefits. Your Account must have an outstanding balance to activate a Benefit under this Addendum. No amounts will be paid directly to you. There are specific monetary limits for Loss of Life listed in Section 6.2 below.
6.2 Limitations on Balance Cancellation Benefits. For Loss of Life, the only Benefit provided is a Balance Cancellation Benefit.
6.3 Limitations on Minimum Payment Benefit. The only Benefit provided for Involuntary Job Loss, Disability, or Hospitalization is a Minimum Payment Benefit.
6.4 Multiple Protected Events and Multiple Occurrences. You may only activate and receive a Benefit for one Protected Event at a time under this Addendum, except in the event of Loss of Life. The occurrence of simultaneous Protected Events only entitles you to one Cancellation or Deferment Period. For Involuntary Job Loss, Disability and Hospitalization, at least 365 days must elapse between the end of one Deferment Period and the beginning of another for the same type of Protected Event. However, if you have already activated a Benefit for a Protected Event and Loss of Life occurs during the Minimum Payment Benefit Period, your Account will remain eligible to activate a Balance Cancellation Benefit for Loss of Life.
7. POSSIBLE TAX CONSEQUENCES. The Benefits provided under this Addendum 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 Benefits provided. We will NOT pay any income tax owed by you or your estate. You (or any Responsible Party) should consult your own tax advisor regarding the consequences of any Benefits received under this Addendum.
8. CHANGES TO THIS ADDENDUM. We may, at any time, change or remove any of the terms and conditions of, or add new terms or conditions to, this Addendum, including increasing the amount of the Fortiva Credit Protection Fee, by giving you written notice of the effective date of each change. You will have the option to cancel your Fortiva Credit Protection without penalty before each announced change goes into effect.
9. TERMINATION OF ADDENDUM. Either you or we may voluntarily cancel this Addendum at any time upon written notice to the other party. If you cancel Fortiva Credit Protection within sixty (60) days of your Enrollment Date, you may receive a credit to your Account for all Fortiva Credit Protection Fees paid during the first sixty (60) days. If you cancel after thirty (30) days, you will no longer be billed the Fortiva Credit Protection Fee, beginning on the first day of the Billing Cycle after you notify us of your decision to cancel at 1-866-816-7025 or via U.S. mail at: Fortiva Credit Protection, P.O. Box 105415, Atlanta, GA 30348-5415. We may cancel this Addendum on the earliest of the following dates (and thereafter no further Benefit will be provided):
10. INCORPORATION OF TERMS; CONFLICTS. Except as expressly modified or replaced by this Addendum, the terms and conditions of your Agreement, including, but not limited to the portions entitled Consent to Receive Electronic Disclosures, Monitoring and Recording, Communication with You, Consent to Contact by Electronic and other Means, Information Sharing, Assignment, Transfer, Arbitration, Delay in Enforcement, Severability, Entire Agreement and Governing Law for Credit apply to this Addendum. In the event of any conflict between your Agreement and this Addendum, the specific terms of this Addendum shall prevail, but solely as they relate to the Benefits provided hereunder.
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