Common use of BREACH OF ARBITRATION AGREEMENT Clause in Contracts

BREACH OF ARBITRATION AGREEMENT. If either party fails to submit to arbitration following a proper demand to do so, that party shall bear all costs and expenses, including reasonable attorneys’ fees, incurred by the other party in seeking to compel arbitration. Contacting Arbitration Administrators If you have a question about the arbitration administrators mentioned in this Arbitration Provision or would like to obtain a copy of their Arbitration Rules or fee schedules, you can contact them as follows: American Arbitration Association, 0000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, xxx.xxx.xxx, (000) 000-0000. Commercial or Consumer Rules, J.A.M.S./Endispute, 000 Xxxxx Xxxxxxxxx Xxxxx, Xxxxx 0000, Xxxxxxx, XX 00000; xxx.xxxxxxx.xxx (000) 000-0000, Financial Services Arbitration Rules and Procedures. WHAT OTHER TERMS APPLY TO OUR RELATIONSHIP? Closing the Account You may close your Account at any time by notifying us either in writing at the address shown on your billing statement or by phone at the number provided on your billing statement. We will not honor any Convenience Check or authorize any transactions after your Account is closed. We may close your Account or terminate your credit privileges at any time for any reason, subject to applicable law. If we do so, you may not use your Card or any checks we have issued. In either case, You remain responsible for any balance on your Account, which will continue to accrue Interest Charges and fees and remain subject to all terms of this Agreement. Privacy The Popular, Inc. (our holding company) Privacy Notice explains how we collect and share your information. Communications We may send Cards, billing statements, and other communications to you at any mailing or email address in our records. We may also send an email to any address where we reasonably believe we can contact you. By providing a telephone number for a cellular telephone, other wireless device, or a landline number that is later converted to a wireless device, you are expressly consenting to receiving communications at that number, including, but not limited to, prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system from Banco Popular and its affiliates, agents or assigns. If the wireless device is not registered in your name, you represent that you are its primary user and have the authority to provide this consent. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls regardless of their purpose. Some of the legal purposes for calls and messages include: suspected fraud or identity theft, obtaining information; transaction on or servicing of the Account; collecting on the Account, and providing you information about product and services. These calls and messages may incur access fees from your cellular provider. You must notify us immediately of any changes to your contact information using the address or phone number shown on your billing statement. Telephone Monitoring We may listen to and record your telephone calls with us. Credit Information We may obtain and review your credit history or other information about you from credit reporting agencies and others, including in connection with the processing, establishment, servicing and collection of your Account. We may also obtain additional credit reports or other information about you in connection with the same transaction or extension of credit, for the purpose of reviewing your Account, increasing the credit line on your Account, for the purpose of taking collection action on your Account, or for other legitimate purposes associated with your Account. We may also provide information about your Account to credit reporting agencies and others. 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. We may provide information to credit reporting agencies about this Account in the name of an authorized user. If you think we provided incorrect information, write to us at the address provided on your billing statement and we will investigate. Enforcement We may choose to delay enforcing or waive any of our rights under this Agreement. We can delay enforcing or waive any of our rights without affecting our other rights. If we waive a right, we do not thereby waive the same right in other situations. Applicable Law This Agreement and the Account will be governed by federal law, and to the extent state or territorial law is applicable, the laws of the Commonwealth of Puerto Rico, and these laws will apply no matter where you live or use this Account. Amendments We may change or terminate all or any part of this Agreement, including APRs and fees, at any time. We may also add new terms or delete terms. Any changes will be in accordance with applicable law, and we will provide notice as required by law. Assignment We may sell, assign or transfer the Agreement and the Account or any portion thereof without notice to you, and the purchaser, assignee, or transferee shall have the same rights as we do under this Agreement. You may not sell assign, or transfer the Account. Severability Except as specifically provided in the arbitration section above, if any provision of this Agreement is finally determined to be void or unenforceable under any law, rule or regulation, all other provisions of this Agreement will remain valid and enforceable. Restrictions on Use Banco Popular may restrict use of your Card in any jurisdiction or country where such use would be contrary to U.S. law or regulation, or which is identified as presenting a high risk of fraud. If you are a service member on “active duty” or “active service”, or a spouse or dependent of such service member you may be entitled to certain protections pursuant to the Military Lending Act (MLA) [32 CFR Part 232]. The following statement only applies if you are a covered borrower under the Military Lending Act (MLA) [32 CFR Part 232]. Federal law provides important protections to 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 Forced and his or her dependent may not exceed an annual percentage rate of 36%. 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). If you would like to obtain these disclosures orally, you may call the toll-free number 0-000-000-0000. Notice Legal Rights and Protections under the Military Lending Act This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. What to Do If You Find a Mistake On Your Billing Statement If you think there is an error on your billing statement, write us at the address shown on your billing statement. In your letter, give us the following information. • Account information: Your name and Account number.

BREACH OF ARBITRATION AGREEMENT. If either party fails to submit to arbitration following a proper demand to do so, that party shall bear all costs and expenses, including reasonable attorneys’ fees, incurred by the other party in seeking to compel arbitration. Contacting Arbitration Administrators If you have a question about the arbitration administrators mentioned in this Arbitration Provision or would like to obtain a copy of their Arbitration Rules or fee schedules, you can contact them as follows: American Arbitration Association, 0000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, xxx.xxx.xxx, (000) 000-0000. Commercial or Consumer Rules, J.A.M.S./Endispute, 000 Xxxxx Xxxxxxxxx Xxxxx, Xxxxx 0000, Xxxxxxx, XX 00000; xxx.xxxxxxx.xxx (000) 000-0000, Financial Services Arbitration Rules and Procedures. WHAT OTHER TERMS APPLY TO OUR RELATIONSHIP? Closing the Account You may close your Account at any time by notifying us either in writing at the address shown on your billing statement or by phone at the number provided on your billing statement. We will not honor any Convenience Check or authorize any transactions after your Account is closed. We may close or suspend your Account or terminate your credit privileges at any time for any reason, subject including but not limited to applicable lawoperational matters, the Account is in default, or for suspected fraudulent or unlawful activity. If we do so, you may not use your Card or any checks we have issued. In either case, You you remain responsible for any balance on your Account, which will continue to accrue Interest Charges and fees and remain subject to all terms of this Agreement. Privacy The Popular, Inc. (our holding company) Privacy Notice explains how we collect and share your information. Communications We may send Cards, billing statements, and other communications to you at any mailing or email address in our records. We may also send an email to any address where we reasonably believe we can contact you. By providing a telephone number for a cellular telephone, other wireless device, or a landline number that is later converted to a wireless device, you are expressly consenting to receiving communications at that number, including, but not limited to, prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system from Banco Popular and its affiliates, agents or assigns. If the wireless device is not registered in your name, you represent that you are its primary user and have the authority to provide this consent. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls regardless of their purpose. Some of the legal purposes for calls and messages include: include suspected fraud or identity theft, obtaining information; transaction on or servicing of the Account; collecting on the Account, and providing you information about product and services. These calls and messages may incur access fees from your cellular provider. You must notify us immediately of any changes to your contact information using the address or phone number shown on your billing statement. Telephone Monitoring We may listen to and record your telephone calls with us. Credit Information We may obtain and review your credit history or other information about you from credit reporting agencies and others, including in connection with the processing, establishment, servicing and collection of your Account. We may also obtain additional credit reports or other information about you in connection with the same transaction or extension of credit, for the purpose of reviewing your Account, increasing the credit line on your Account, for the purpose of taking collection action on your Account, or for other legitimate purposes associated with your Account. You may ask whether a credit report was obtained by us and we will tell you the name and address of the credit reporting agency, if a report was obtained. We may also provide information about you and your Account to credit reporting agencies and others. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. 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. We may provide information to credit reporting agencies about this Account in the name of an authorized user. If you think we provided incorrect information, write to us at the address provided on your billing statement and we will investigate. Enforcement We may choose to delay enforcing or waive any of our rights under this Agreement. We can delay enforcing or waive any of our rights without affecting our other rights. If we waive a right, we do not thereby waive the same right in other situations. Applicable Law This Agreement and the Account will be governed by federal law, and to the extent state or territorial law is applicable, the laws of the Commonwealth of Puerto Rico, and these laws will apply no matter where you live or use this Account. Amendments We may change or terminate all or any part of this Agreement, including APRs and fees, at any time. We may also add new terms or delete terms. Any changes will be in accordance with applicable law, and we will provide notice as required by law. Assignment We may sell, assign or transfer the Agreement and the Account or any portion thereof without notice to you, and the purchaser, assignee, or transferee shall have the same rights as we do under this Agreement. You may not sell assign, assign or transfer the Account. Severability Except as specifically provided in the arbitration section above, if any provision of this Agreement is finally determined to be void or unenforceable under any law, rule or regulation, all other provisions of this Agreement will remain valid and enforceable. Restrictions on Use Banco Popular may restrict use of your Card in any jurisdiction or country where such use would be contrary to U.S. law or regulation, or which is identified as presenting a high risk of fraud. If you are a service member on “active duty” or “active service”, or a spouse or dependent of such service member you may be entitled to certain protections pursuant to the Military Lending Act (MLA) [32 CFR Part 232]. The following statement only applies if you are a covered borrower under the Military Lending Act (MLA) [32 CFR Part 232]. Federal law provides important protections to 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 Forced and his or her dependent may not exceed an annual percentage rate of 36%. 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). If you would like to obtain these disclosures orally, you may call the toll-free number 0-000-000-0000. Notice Legal Rights and Protections under the Military Lending Act YOUR BILLING RIGHTS – Keep this document for future use This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. What to Do If You Find a Mistake On on Your Billing Statement If you think there is an error on your billing statement, write us at the address shown on your billing statement. In your letter, give us the following information. • Account information: Your name and Account number.