Last revised: February 17, 2026 (v3)
UPWARDLI CREDIT BUILDER PROGRAM
The Upwardli Credit Builder program allows you to build your credit on purchases made at participating merchants that have entered into contractual relationships with us (each, a “Merchant”).
When you successfully complete payment for your purchases at a Merchant, we report the repayment history to the U.S. credit bureaus, helping you establish a positive credit history. If, however, you fail to make repayment or choose to close your Credit Builder account, you may potentially harm your credit.
This Agreement describes how the Credit Builder Program works and grants us the permissions to deliver our credit building service and to report your payment history with Merchants to credit bureaus.
Important Note! This Agreement does not govern the relationship or account you have with the Merchant. Merchants are solely responsible for the performance of any products or services they provide to you. Your account or relationship with the Merchant may be governed by separate terms.
Questions? Upwardli Customer Service can be reached at: support@upwardli.zendesk.com
Date of Agreement: ${DATE_LOCATION_UNIQUE_PLACE}
This Credit Builder Program Agreement (the “Agreement”) governs the Upwardli Credit Builder Program (“Program”) and the related revolving line of credit (“Line of Credit”) provided by Cross River Bank, an FDIC-insured bank in Wilmington, Delaware (the “Bank”).
Definitions
In this Agreement, the words “we,” “us,” and “our” mean: (i) Upward Financial Inc., its successors and assigns (“Upwardli”), and, for purposes of the Arbitration Clause, the Related Parties identified in the Arbitration Agreement, and (ii), for purposes of any of our rights or obligations including, without limitation, the right to receive or collect repayment, any service providers that Upwardli may designate to act on our behalf, and/or (iii) Bank in its sole discretion.
The words “you,” “your”, and “yours” mean the person who applied for and accepted the Service.
Section headings of this Agreement are inserted for convenience and are not to be construed as substantive parts of this Agreement.
1. Description of the Program
1.1 How it Works.
When you apply for the Program, you are applying for the Service described in Section 1.2 and a Line of Credit as described in Section 1.3.
The Service may be used to pay for goods and services that you have agreed to purchase from a Merchant. The Merchant may rely upon funds advanced from your Line of Credit to accelerate delivery of your purchase pending the successful completion of payment by you.
You are responsible for repaying amounts incurred on the Line of Credit. Repayment may be made to us directly or to the Merchant where you transacted, in which case such Merchant will notify us of your repayment. Repayment history is reported by us to the credit reporting agencies, helping build your credit history.
1.2 The Service. The “Service” refers to your access to a combination of services designed to build credit history through the use of the Line of Credit originated by the Bank, which can be used to pay for goods and service at Merchants.
1.3 Line of Credit. The "Line of Credit” refers to a revolving Line of Credit up to a certain limit as disclosed in the “Important Disclosures” below, repaid periodically, and generally available to be accessed again as it is repaid. The Line of Credit account is subject to the terms of this Agreement.
1.4 Approval. Application for and use of the Line of Credit are subject to our approval and the Bank’s.
1.5 Credit Bureau Reporting
We may furnish information concerning you and your usage of the Line of Credit to credit bureaus. You understand and agree that our ability to furnish information to the credit bureaus is an important part of the Service. Information reported to the bureaus may include both positive and negative usage and repayment behavior.
Late payments, missed payments, returned payments or other defaults on your Line of Credit may be reported to the bureaus and reflected in your credit report. Closure of the Line of Credit will also be reported to the bureaus and may potentially also negatively impact your credit.
2. Purpose of Line of Credit; Repayment
2.1. Purpose
You agree that the Line of Credit may only be used to pay for goods and services you have agreed to purchase at a Merchant. To that end, you authorize the Bank to send Line of Credit funds directly to the Merchant where you have transacted. You understand and agree that you are not entitled to receive funds in cash under the Program.
2.2 Limitations
We reserve the right to evaluate whether the purchase or transaction you have made with the Merchant complies with our internal policies, our Bank’s policies, and applicable law.
You agree that the Line of Credit may only be used to purchase goods or services or engage in transactions which are lawful. You agree that the Line of Credit funds will not be used to promote the conduct of any crime or other illegal activity, engage in money laundering or other similar illicit purpose. You agree that your use of the Line of Credit is for personal, family or household use only.
You agree that we may limit the number of transactions that you may engage in with us or our Bank as part of this Program. The number of transactions may be further limited if we or our Bank suspects that the purpose of your use of the Line of Credit doesn’t comply with our internal policies, Bank’s policies, and/or applicable law.
Note, however, that the above limitations will not impact your ability to otherwise pay for goods and services at a Merchant with other forms of payments, subject to the terms and conditions of such Merchant.
2.3 Repayment
You promise to repay all amounts disbursed from your Line of Credit.
You authorize us, a Merchant, or other service providers to collect repayment via any acceptable means of payment including ACH debit from one or more of your bank accounts.
By agreeing to this Agreement, you authorize us or the Merchant to debit your bank account for any payments that are due and outstanding on your Line of Credit.
3. Websites and Applications; Third Parties
3.1 Privacy and Data Security. By entering into this Agreement, you acknowledge receipt of our Privacy Policy and the Bank’s Privacy Policy available on the Upwardli website (the “Website”) and its digital applications (the “Application”).
3.2 Device Compatibility. The Application is designed to operate via the internet by a computer using certain web browsers or certain portable devices, such as phones or tablets using Android or iOS operating systems. You acknowledge and agree that some web browsers or portable devices may not be compatible with the Application.
3.3 Terms of Use. You acknowledge receipt of the Terms of Use provided on the Website, which apply to the Application and the Website and agree to adhere to the Terms of Use throughout your participation in the Program.
3.4. Third Party Sites and Content.
The Services, including this Program, may appear on Merchant websites, applications or marketing materials (“Third Party Sites”). We are not responsible to you for any Third Party Sites or any content posted on such Third Party Sites, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites.
When engaging with a Merchant, you may have a separate agreement with such Merchant, including separate terms of service, privacy policy, and other agreements regarding refunds or cancellations, that you do so at your own risk.
Our terms and policies do not govern your relationship with the Merchant. To the extent that you transact with the Merchant, you should review the terms and policies of the Merchant.
4. Source of Funds. You agree that none of the money you use to repay the Line of Credit comes from, will come from or will be used to promote the conduct of, any crime or other illegal activity. You represent that no individual or entity has an interest in any money you use to repay the Line of Credit other than you or any other individual you have disclosed to us as the joint owner of the bank account which is used to repay your Line of Credit.
5. Term
5.1 Effective Date. This Agreement becomes effective on the date that you click "I Agree" or similar button or checkbox to enter into them via the Website or Application.
5.2 Suspension of Services. You agree that we or our Bank may suspend the provision of Services to you or delay, limit, restrict, or refuse any transaction for you at any time for any length of time without prior notice to you if we believe that such suspension or delay is necessary or appropriate: (i) to ensure compliance with, or avoid, violating any law or regulation applicable to us or the Bank or to any transaction(s) relating to the Program; (ii) to comply with request or guidance from a regulatory or law enforcement authority with jurisdiction over us; (iii) to avoid a loss to you or to us; (iv) to address technological issues; (v) due to interruptions in the access to or operation of any technology that we use in connection with the Program; or (vi) to prevent a breach or violation of any term, condition, or other provision of any of the Agreements.
5.3 Voluntary Termination. If you choose to terminate the Service, your Line of Credit Account will be closed pursuant to the terms of this Agreement and your full repayment of any obligations owed to us. You may terminate the Services by utilizing the “close account” feature in the Application or by contacting customer support.
6. Liability
6.1 General Limitation. Subject to applicable law, you agree that we, and our officers, directors, and employees shall not be liable under this Agreement or any other agreement you have entered into us for our or their actions or omissions absent our or their gross negligence, willful misconduct, or violation of applicable law, including for any damages (including, without limitation, losses, lost opportunities, and lost profits relating to differences between projected or potential performance and actual results).
Without limiting any other indemnity provision of the Agreements, you agree to indemnify and hold us and any Indemnified Persons harmless from any loss, damage, or liability arising out of this Agreement or of any transaction initiated hereunder , absent any willful or grossly negligent conduct by us. You further agree to indemnify, defend, and hold harmless Bank and its officers, directors, agents, and employees, harmless from any and all loss, damage, or liability it and/or its officers, directors, agents, and employees incur as a result of this Agreement and any transactions initiated hereunder.
6.2 Access & Technology Issues. You acknowledge that access to the Website, the Application, or the Service may be limited or unavailable from time to time, including due to systems maintenance or enhancements, usage demands, software or hardware malfunctions, or occurrences beyond our control. You understand that there can be no guarantee that the Website, the Application, or the Service will be available all the time or at any particular time or that access will be continuous or uninterrupted. You agree that neither we, nor the Bank, shall be liable for any damages (including losses, lost opportunities, or lost profits) relating to the use of, inability to use, disruptions or interruptions in, the lack of access to, or the operation of, or otherwise arising in connection with, the Website, any linked websites, the Application, or the Service.
6.3 No Warranty. Content, products, and Services made available on the Website, the Service and the Application are provided "as is" without warranty of any kind, express or implied, including warranties of accuracy, fitness for a specific purpose, non-infringement, security, ownership, title, or merchantability.
6.4 Automated Clearing House (ACH) Transactions. You acknowledge that it is your responsibility to provide correct payment instructions when requested in connection with the Program. You agree that the National Automated Clearing House Association operating rules and any applicable Bank rules governing ACH transactions apply to your use of ACH transactions. You acknowledge that mismatched, incorrect, or incomplete identifying information regarding any of your bank accounts or in payment instructions may result in an ACH transfer being rejected, lost, posted to an incorrect account or returned to the bank that maintains your account without notice to you.
You agree to indemnify and hold us and the Bank harmless from any and all damages resulting from or relating to any mismatched, incorrect, or incomplete identifying information regarding your accounts or in payment instructions.
You agree that processing of ACH transfers may be delayed for up to five Business Days or longer. If you believe a transfer has not been properly debited from your account, you agree to notify us promptly.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING SUFFICIENT FUNDS IN YOUR EXTERNAL ACCOUNTS TO COVER ALL PAYMENTS YOU OWE TO US AND THAT YOU AUTHORIZE UNDER THIS AGREEMENT. FAILURE TO DO SO MAY RESULT IN OVERDRAFT OR OTHER FEES BY THE BANKING INSTITUTION THAT MAINTAINS YOUR ACCOUNT(S). THESE FEES ARE NOT COLLECTED OR IMPOSED BY US.
You agree that, notwithstanding anything to the contrary in any of the Agreements, we shall not be liable for ACH transfer processing delays, any act or omission of, including any overdraft or other fee charged by, any financial institution that maintains your account(s), or for any act or omission of any service provider or vendor of any such financial institution.
Repayment of your Line of Credit is considered provisional until payment is actually received by us. Without limiting any other right, we reserve the right to delay or prevent further transactions under this Program pending receipt of final payment.
If a payment does not become final or does not complete for any reason, the originator (which is you in the case of repayment of the Line of Credit) will not be deemed to have made a repayment.
7. Miscellaneous
7.1 Governing Law. Except as provided in the Arbitration Agreement below, this Agreement and your Account are governed by federal law and, to the extent state law applies, the laws of the State of Delaware without regard to its conflicts of law principles.
7.2 Entire Agreement. You acknowledge and agree that the Agreements, as they may be amended from time to time in accordance with their terms, constitute the entire and final understanding with respect to the Agreements’ subject matter.
7.3 Dispute Resolution - Mandatory Arbitration
These Agreements require mandatory arbitration, which applies to the Program and governs each such contract, transactions thereunder, and the interactions between the parties under these contractual relationships. By agreeing to this Agreement, you consent to the mandatory arbitration provisions in Exhibit A.
7.4 Severability. If any provision of this Agreement is held unenforceable or invalid under any law, rule, or administrative or judicial order or decision, that holding shall not alter the enforceability or validity of the Agreement’s remaining provisions.
7.5 Interpretation. Headings in the Agreements are descriptive and for convenience only. The headings shall not be construed as altering the scope of the rights and obligations created by the Agreement’s terms and conditions. Defined terms shall have their assigned meanings wherever used in the Agreement,. Unless expressly provided otherwise, the word "including," as used in the Agreement, shall be construed as introducing examples of a category without limiting such category. No provision of the Agreement granting any right or authority to us or any of our affiliates or agents shall be deemed to preclude or otherwise to limit or lessen any other right or authority granted to us or any of its affiliates or agents under the Agreement unless the preclusion, limitation or lessening is stated expressly. No course of dealing between the parties, nor any delay by us in exercising any rights or remedies under the Agreement, shall be deemed to be a waiver of any such rights or remedies. Any such right or remedy may be exercised as often as we may determine in its sole discretion.
7.6 Notice. You acknowledge that we provide you notice under the Agreement, including notices of new versions of any of the Agreement when modified pursuant this Agreement, by posting such notices on the Website. If required or permissible by applicable law, we may elect to provide you with notices by other means, including email, notices on the Website or within the Application, other emails, and traditional mail.
7.7 Geographic Scope of Program. The Program is intended for natural persons who are residents of the United States and who are located in the United States. You represent and warrant that you are a lawful resident of and either located in the United States or serving in the United States military and that you have been lawfully issued by the government of the United States the social security number or tax identification number you provided when applying for any Account through the Website or in the Application.
7.8 Authority. You represent and warrant that you have the full power and authority to enter into the Agreement. You represent that you are over eighteen (18) years of age or of legal age to enter into contracts in the state where you live, whichever is older. You agree that, when you sign below, the Agreement will have been duly authorized and will be binding. You acknowledge that you are solely responsible for carefully reviewing and understanding all terms and conditions of the Agreement. We may verify your age prior to opening your Account and will refuse to open your Account if you are not of legal age.
7.9 No Conflict. You represent and warrant that no term of the Agreement conflicts with or violates any duty you have under any law, regulation, or agreement.
7.10 Amendment. Except as prohibited by law, we may modify these terms or conditions or the terms of the Agreement. We will notify you of amendments to post notice on the Website and/or the Application and update the current version of the Agreement, which will be available to you on the Website and the Application, for you to access, download, review, print, and retain. Nothing in this Agreement shall be deemed waived or amended without our prior express written consent.
7.11 Assignment. You may not assign your rights or obligations under the Agreement, without our prior express written consent. We may assign our rights or obligations under this Agreement in accordance with its terms.
7.12 No Waiver. Our failure to exercise any of our rights under this Agreement will not be deemed to waive our rights to exercise such rights in the future. This Agreement is a final expression of the agreement between you and us and this Agreement may not be contradicted by evidence of any alleged prior oral agreement or of an alleged contemporaneous oral agreement between you and us.
Questions? Please contact Customer Service at:
Upward Financial Inc
2400 NW 80th #245
Seattle, WA 98117
Exhibit A
ARBITRATION AGREEMENT
Please review this provision carefully. It provides that any dispute may be resolved by binding arbitration. Arbitration replaces the right to go to court and the right to have a jury decide a dispute. Under this provision, your rights may be substantially limited in the event of a dispute. You may opt out of this Arbitration provision by following the instructions below.
By accepting this Agreement, unless you opt out by following the instructions below, you agree that either you or we, at our sole discretion, can choose to have any dispute arising out of or relating to this Agreement or our relationship resolved by binding arbitration. If arbitration is chosen by any party, neither you nor we will have the right to litigate that dispute in court or to have a jury trial on that dispute. Pre-arbitration discovery will be permitted only as allowed by the arbitration rules. In addition, you will not have the right to participate as a representative or member of any class of claimants pertaining to any dispute subject to arbitration. The arbitrator's decision will generally be final and binding. Other rights that you would have if you went to court may also not be available in arbitration. It is important that you read the entire Arbitration provision carefully before accepting the terms of this Agreement.
For purposes of this Arbitration provision, "dispute" shall be construed as broadly as possible, and shall include any claim, dispute or controversy (whether in contract, regulatory, tort or otherwise, whether pre existing, present or future and including constitutional, statutory, common law, intentional tort and equitable claims) arising from or relating to this Agreement, the credit offered or provided to you, or the goods or services you purchase; the actions of yourself, us, or third parties; or the validity of this Agreement or this Arbitration provision. It includes disputes brought as counterclaims, cross claims, or third party claims. A party that has brought a dispute in a court may elect to arbitrate any other dispute that may be raised in that litigation. Disputes brought as part of a class action or other representative basis are subject to arbitration on an individual (non-class, non-representative) basis. IF YOU DO NOT OPT OUT, THEN YOU WILL HAVE WAIVED YOUR RIGHT TO INDICATE OR PARTICIPATE IN A CLASS ACTION RELATED TO THIS AGREEMENT.
Any arbitration under this Arbitration provision shall be administered by the American Arbitration Association ("AAA") under the rules applicable to the resolution of consumer disputes in effect when the dispute is filed. The arbitrator shall have no authority to hear any disputes on a class action or representative basis. Neither you nor we may consolidate or join the disputes of other persons who may have similar disputes into a single arbitration, other than the disputes of or against joint account holders. You may obtain rules and forms by calling the AAA at 1-800-778-7879 or visiting www.adr.org. Any arbitration hearing that you attend will take place in the Federal judicial district where you reside. We will not elect arbitration of any dispute that is filed as an individual matter by you in a small claims or similar court, so long as the dispute is pending on an individual basis in such court.
A single, neutral arbitrator will decide any disputes. The arbitrator must be either a retired or former judge or a lawyer with no less than 10 years' experience, selected in accordance with the AAA's rules. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege under applicable law, and will have the power to award to a party any damages or other relief provided under applicable law. Any party may choose to have a hearing and may choose to be represented by counsel. The arbitrator will issue an award in writing and, upon request, will provide a written explanation for the award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
The party initiating an arbitration must pay the AAA's initial filing fee, although you can ask the AAA to waive the filing fee and we will consider your request that we pay the filing fee on your behalf. We will pay any subsequent administration fees imposed by the AAA, and we will pay the arbitrator's fee for up to one day of hearings. All other fees will be allocated as provided by the AAA's rules and applicable law. If you prevail in arbitration, we will reimburse you any fees paid to the AAA. However, even if we prevail, we will not seek reimbursement from you of any fees we paid to the AAA unless the arbitrator determines that your dispute was brought in bad faith. Each party shall bear its own costs of attorneys, experts, and witness fees, regardless of which party prevails in the arbitration. However, if applicable substantive law gives you the right to seek reimbursement of attorneys' fees or other fees or costs, then that right shall also apply in the arbitration.
You have the right to opt out of this Arbitration provision, but you may only do so in the first 30 days after the first transaction is posted to your Account. In order to opt out, you must write us at Upward Financial Inc, 2400 NW 80th #245 Seattle, WA 98117 and specifically note that you are opting out of arbitration.
This Arbitration provision shall survive repayment of your extension of credit and termination of your Account. This Arbitration provision is made in connection with interstate commerce, and shall be governed by the Federal Arbitration Act, 9 USC Sections 1 through 16. If any part of this Arbitration provision is determined to be void or unenforceable, then this entire Arbitration provision shall be considered null and void; however, it shall not affect the validity of the rest of this Agreement.
EXHIBIT B IMPORTANT DISCLOSURES
Rates, fees, and other important information about your Line of Credit account are set forth in these Important Disclosures. The customized version of these Important Disclosures (the “Customized Disclosures”) that we provide you prior to your use of the Line of Credit are part of the Agreement.
Effective as of ${DATE_LOCATION_UNIQUE_PLACE}
How to Avoid Paying
Interest
Penalty Fees
Late Payment
How We Calculate Your Balance: Exhibit C details on how Line of Credit balances are calculated.
Credit Limit: Your initial credit limit will be up to ${APPROVED_LOAN_AMOUNT}
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in the section entitled “YOUR BILLING RIGHTS / ERROR RESOLUTION PROCEDURES” below.
EXHIBIT C - ADDITIONAL TERMS
These additional terms are part of the Credit Builder Program Agreement and are subject to the Agreement’s terms and conditions. Any defined terms not defined herein will have the meaning ascribed to them elsewhere in the Agreement.
1. ACCEPTING THIS AGREEMENT. As agreed in our Agreement, your acceptance of the terms of the Agreement represents your signature on this Agreement. Before you sign the application for the Line of Credit or use the Services , you should retain and review this entire Agreement, which includes the cost-of-credit disclosures required by Federal Law. Your Application and the information you provide on the Application that identifies you is incorporated in this Agreement by reference. You acknowledge that you have received a copy of this Agreement for your records. This Agreement will not be effective until signed by you.
2. PROMISE TO PAY. You promise to pay us for all amounts charged to the Line of Credit, including all purchases, fees, interest, and charges charged to your Line of Credit. You are obligated to repay us for all transactions made using your Line of Credit by people you have authorized to use the Line of Credit even if their use of the Line of Credit exceeds the authorization which you gave them. You also promise to pay us for charges incurred by anyone you allow to use your Line of Credit.
3. CREDIT LIMIT. We have disclosed your initial Line of Credit credit limit in your Customized Disclosures (“Credit Limit”), and we will indicate your current Credit Limit on each electronic billing statement. You agree to prevent your Line of Credit balance from exceeding the Credit Limit. We may, but are not required to, approve transactions that exceed your Credit Limit without liability to you and without obligation for us to do so in the future.
We may increase or decrease your Credit Limit at any time, at (a) our discretion or (b) at your request, if we accept such request. We may also close your Line of Credit or suspend your ability to use the Line of Credit at any time. We will provide any notice required by applicable law if we take any adverse action on your Line of Credit. We reserve the right to delay an immediate increase in available credit due to a payment(s) made on your Line of Credit. We may change a Credit Limit for any reason not prohibited by law.
We are not required to approve any purchase if the amount of the purchase exceeds your Credit Limit but we may authorize and pay any such purchase in our absolute discretion. Whenever the outstanding balance of the Line of Credit exceeds your Credit Limit, you agree to pay us the difference on demand unless and to the extent that we have reduced your Credit Limit below your pre-existing balance prior to the reduction.
4. SPECIAL PROMOTIONS. Occasionally, we may provide you the opportunity to use the Service in connection with special promotions. These promotions may be subject to terms and conditions in addition to or different from those provided in this Agreement, which will be described in the terms and conditions relevant to the particular promotion. Unless otherwise stated, however, all terms of this Agreement shall apply to any promotion and shall supersede the promotional terms and conditions to the extent of any conflict.
6. INTEREST CHARGES. Your Line of Credit does not carry interest charges. The Annual Percentage Rate (“APR”) for purchases is 0.00%, which corresponds to a monthly periodic rate of 0.000%.
7. FEES. Subject to applicable law, including the Truth in Lending Act and Regulation Z, you agree to pay the following fees:
Partner Monthly Subscription Fee. The referring partner may carry a subscription fee. Fee may vary, see partner subscription terms for details.
Late Payment / Penalty Fees. Each time we do not receive the Minimum Payment Due in full within 3 days of the payment due date, we may charge you a late fee of $3.00. Late payments may be reported to consumer reporting agencies, as explained in this Agreement.
8. PAYMENT OF LINE OF CREDIT BALANCES
(a) Monthly Statements.
We make available a monthly electronic statement (“Monthly Statement”) covering each billing cycle when your Line of Credit has a balance, or if required by law. Billing cycles are approximately one month long.
Each Monthly Statement will reflect:
(b) Minimum Payment.
The Minimum Payment Due will be the total amount of your Line of Credit balance you used to pay for a transaction with any given Merchant.
Your Minimum Payment Due may further include any outstanding fees and any Amount Past Due at the end of the Statement Cycle. If you wish, you may pay more than the Minimum Payment Due and at any time you may pay the total amount owing on your Line of Credit, without penalty.
(c) Payments may be made electronically on the web, or by ACH payment from your bank account held at a third party banking institution.
(d) Subject to applicable law, we may apply payments and other credits to your Line of Credit in any manner we choose at our sole discretion.
e) Payments on your line of credit may be collected by a third party partner on behalf of and remitted to Upward.
9. PREPAYMENT OF LINE OF CREDIT BALANCES. At any time, you may pay all or any part of your outstanding Line of Credit balance, without penalty. Payment of more than the Minimum Payment Due in one billing cycle will not relieve you of the obligation to pay the entire Minimum Payment Due in subsequent billing cycles.
10. UNAUTHORIZED USE. If you notice the loss, theft, or a possible unauthorized use of your Line of Credit, you should email us immediately at support@zendesk.upwardli.com. You will not be liable for any unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before you notify us. In any case, your liability will not exceed $50. However, unauthorized use does not include use by a person whom you have given the Line of Credit number to or authority to use the Line of Credit, and you will be liable for all use by such a user. To terminate this authority you must send us notice in writing. You agree to assist us in determining the facts relating to any theft or possible unauthorized use of your account and to comply with the procedures we may require for our investigation.
11. ACCORD AND SATISFACTION. We may accept letters, checks, or other types of payments showing “payment in full” or otherwise restrictively endorsed or using other language to indicate satisfaction of your debt (“Disputed Amounts”) without waiving any of our rights to receive full payment under the terms of this Agreement. You agree to send any Disputed Amounts to the address for billing inquiries shown on your Statement.
12. DEFAULT. Subject to applicable law, we may declare you to be in default under this Agreement if: (a) you fail to pay any Minimum Payment Due on or before the Payment Due Date; (b) you attempt to or do exceed your Credit Limit; (c) you make a payment that is dishonored or reversed; (d) you die or are declared legally or mentally incompetent; (e) a petition is filed or other proceeding is commenced by or against you under the Federal Bankruptcy Code or any other federal or state insolvency laws; (f) you become insolvent or unable to pay your debts; (g) you provide us with any false or misleading information; (h) you breach any of your other obligations under this Agreement; (i) you are in default of any other credit agreement you have with us; or (j) we have any reason to believe you are unwilling or unable to pay your debts or support your repayment of the Line of Credit.
13. REMEDIES. In the event of your default under this Agreement, we may, subject to applicable law (including any applicable notice requirements): (a) declare all or any portion of your outstanding Line of Credit balance to be immediately due and payable; (b) instead allow you to repay your Line of Credit balance by paying the Minimum payment Due each billing cycle, without waiving any rights under subsection (a); and/or (c) commence a collection action against you and charge you for any court costs and/or any reasonable attorneys’ fees and costs we are charged in connection with such action by any attorney who is not our salaried employee. After a default, interest charges will continue to accrue until your total Line of Credit balance, including accrued interest charges, is paid in full, subject to applicable law.
We may at any time and in our sole discretion delay or waive enforcing any of our rights or remedies under this Agreement or under applicable law without losing any of those or any other rights or remedies. Even if we do not enforce our rights or remedies at any one time, we may enforce them at a later date. For example, we may accept late payments or payments that are marked “payment in full” or with other restrictive endorsements without losing any of our rights under this Agreement.
14. ELECTRONIC COMMUNICATIONS, AUTODIALER AND E-SIGN CONSENT
You acknowledge that the Agreement shall be entered into electronically, and you agree upon opening your Line of Credit that the following categories of information ("Communications") may be provided by electronic means: (i) this Agreement and any amendments, modifications or supplements to it; (ii) your records of transactions through the Service; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service.
Communications may be provided to you through the use of autodialed or prerecorded message calls or text messages at the telephone number(s) that you provide us with. We may contact you directly or we may share your phone number with service providers with whom we contract to provide such Communications. Standard telephone minute and text charges may apply. The hardware and software requirements for access to and retention of the Communications associated with the Service include a personal computer or other device which is capable of accessing the Internet; an Internet Web Browser; and a printer or other device capable of printing and/or retaining agreements and documents. You agree to promptly notify Upwardli of any changes that would affect your ability to receive electronic communications by electronic means, including any changes to your email address, or mobile phone number, or your ability to access the “Website”.
The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us at support@upwardli.com.
15. CONSUMER REPORT USE AND FURNISHING INFORMATION. You authorize us to obtain information from you and to make whatever inquiries we consider necessary and appropriate (including requesting consumer reports from consumer reporting agencies and data from your bank or other financial services provider) in considering your application for the Service and the Line of Credit and for any lawful purpose, including any updates, renewals or extensions of credit, reviewing or collecting your Line of Credit or determining your eligibility for credit or other offers that we believe may be of interest to you. Upon your request to us, we will inform you of the name and address of any consumer reporting agency that provides us a consumer report relating to you.
16. PATRIOT ACT DISCLOSURE.
Important Information About Procedures for Opening a New Line of Credit: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all 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 to see your driver's license or other identifying documents.
17. INACCURATE INFORMATION. You have the right to dispute the accuracy of information we have reported to a credit bureau. If you believe we have reported inaccurate information about you or your Line of Credit to a credit reporting agency, you should notify us by sending your Line of Credit number and a description of the information you believe to be inaccurate, along with any documentation supporting the inaccuracy, such as your credit report, to: disputes@upwardli.com or 2400 NW 80th #245 Seattle, WA 98117. Include your name, address, Account Number, phone number and a brief description of the issue. If available, please include a copy of the credit report in question. You may also contact us at the email or phone number on your statement. We will research your issue and will let you know if we agree or disagree with you. If we agree with you, we will contact the consumer reporting agency we reported to and request a correction.
18. CHANGE OF PERSONAL INFORMATION. You agree to promptly notify us if you change your name, residential address, email address, or telephone number. In doing so, you agree that you will not give us false information or signatures, electronic or otherwise, at any time. We may also request that you update and/or confirm your personal information from time to time and you agree to promptly update such information
19. ASSIGNMENT OF LINE OF CREDIT. We may at any time and without notice to you, sell, pledge or transfer this Agreement or any Line of Credit balances to any party at any time. If we do so, then the purchaser, pledgee or transferee will succeed to all our applicable rights and responsibilities. You may not assign or transfer this Agreement or any of your rights and obligations under this Agreement. Any such assignment or transfer by you will be void.
20. ENTIRE AGREEMENT. You acknowledge that this Agreement constitutes the entire agreement between you and us with respect to the Line of Credit. This Agreement supersedes and may not be contradicted by evidence of any prior or contemporaneous written or oral communication or understanding between you and us concerning the Line of Credit. If we offer or provide rewards or promotions in connection with the Line of Credit, the disclosures relating to such programs are separate and not part of this Agreement.
21. CHANGES OF TERMS. Subject to applicable law, we may at any time modify the terms and conditions of this Agreement, including interest rates. Such changes may be based on our anti-fraud policies and procedures, your level of compliance with this Agreement, your credit score, information contained in your credit report, prevailing economic conditions and/or any other factors. We will give you notice of any change, addition or deletion as required by applicable law. As of the effective date, the modified terms, at our option, will apply to new purchases and the outstanding balances of your Line of Credit, to the extent permitted by applicable law.
22. STATE LAW & USMA DISCLOSURES
All Accounts, including California and Utah Residents: As required by applicable law, 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.
All Accounts, including New York/Rhode Island/Vermont Residents: You agree to give Upward Financial, Inc. (1-206-222-0689) as well as its agents, successors, and assigns permission to access your credit report in connection with any transaction, or extension of credit, and on an ongoing basis, for the purpose of reviewing your Line of Credit, adjusting the credit limit on your Account, taking collection action on your Line of Credit, or for any other legitimate purposes associated with your Line of Credit. Alimony, child support or separate maintenance payments need not be revealed if you do not want us to consider it in determining your creditworthiness. Upon your request, you will be informed of whether or not a consumer credit report was ordered, and if it was, you will be given the name and address of the consumer reporting agency that furnished the report.Colorado: This Agreement shall be governed by Colorado law, except where otherwise preempted or authorized by federal law, including that any “interest” terms as contemplated by 12 U.S.C. § 1831d shall be governed by 12 U.S.C. § 1831d and the laws of Delaware.Colorado: No natural person, other than the spouse of the consumer, shall be obligated as a cosigner, comaker, guarantor, endorser, surety, or similar party with respect to a consumer credit transaction, unless before or contemporaneously with signing any agreement of obligation or any writing setting forth the terms of the consumer's agreement, the person receives a written notice that contains a completed identification of the debt he or she may have to pay and such written notice may be set forth in the consumer' credit agreement of obligation or in a separate writing. For purposes of this provision, the word "cosigner," "comaker," "guarantor," "endorser," or "surety" means a natural person who, by agreement and without compensation, renders himself or herself liable for the obligation of another in a consumer credit transaction, and the terms "agreement" and "consumer's agreement" mean the underlying agreement. Colo. Rev. Stat. § 5-3-105.
Said cosigner's notice must be clear and conspicuous and comply with the disclosure requirements of 16 C.F.R. 444.3, 12 C.F.R. 227.14, OR 12 C.F.R. 535.3. In addition, said notice need not be given to a seller who is obligated to an assignee of his or her rights. A person entitled to notice pursuant to this section must also be given a copy of any writing setting forth the terms of the consumer's agreement and of any separate agreement of obligation signed by the person entitled to the notice.
Florida Residents: Any Florida documentary stamp tax required by law will be paid directly to the Department of Revenue.
Married California Residents: If you are a resident of California and married, you may apply for a separate account separate from your spouse.
Maryland Residents: Maryland law requires that if you send us a written request about the status of your Line of Credit and we do not answer that request within 60 days after we receive it, you are not required to pay a finance charge for that 60 day period or until we answer.Maryland Residents: To the extent permitted by law, this Agreement is governed by and construed in accordance with the laws of the State of Delaware and Federal law pursuant to 12 U.S.C. § 1831d and related regulations and opinions and, to the extent federal and Delaware law do not apply, the Credit Grantor Revolving Credit Provisions in Title 12, Subtitle 9 of the Maryland Commercial Law Article.
Missouri Residents: If you prepay your Line of Credit in full, you may be entitled to a refund of certain interest under Mo. Rev. Stat. § 408.170.
Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect you and us from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it.
Nebraska Residents: A credit agreement must be in writing to be enforceable under Nebraska law. To protect you and us from any misunderstandings or disappointments, any contract, promise, undertaking, or offer to forebear repayment of money or to make any other financial accommodation in connection with this loan of money or grant or extension of credit, or any amendment of, cancellation of, waiver of, or substitution for any or all of the terms or provisions of any instrument or document executed in connection with this loan of money or grant or extension of credit, must be in writing to be effective.
New Hampshire Residents: Reasonable attorney's fees will be awarded to you if you prevail in (a) any action, suit or proceeding brought by us, or (b) any action brought by you. If you successfully assert a partial defense or set-off, recoupment or counterclaim to an action brought by us, the court may withhold from us the entire amount or such portion of the attorney fees as the court considers equitable.New Jersey Residents: The section headings of the Agreement are a table of contents and not contract terms. Portions of this Agreement with references to actions taken to the extent of applicable law apply to acts or practices that New Jersey law permits or requires. In this Agreement, acts or practices (i) by you which are or may be permitted by "applicable law" are permitted by New Jersey law, and (ii) that may or will be taken by you unless prohibited by "applicable law" are permitted by New Jersey law.
New York Residents: New York residents may contact the New York state department of financial services by telephone or visit its website for free information on comparative credit card rates, fees and grace periods. The New York state department of financial services' telephone number is 1-800-342-3736, and its website is http://www.dfs.ny.gov.
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: No provision of any marital property agreement, any unilateral statement, or court decree under Wisconsin's Marital Property Act adversely affects the interest of a creditor unless, prior to the time credit is granted, the creditor is furnished a copy of that agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred. We may require that you pay the entire amount that you have outstanding if you do not pay amounts that come due 2 times within a 12 month period. You will also have to pay your entire outstanding amount if you fail to do anything required in this agreement and that failure makes it likely that you will not be able to pay your bills from us as they become due.
Texas Residents: This contract is subject in whole or in part to Texas law which is enforced by the Consumer Credit Commissioner, 2601 North Lamar Boulevard, Austin, Texas 78705-4207. Phone (800) 538-1579; www.occc.state.tx.us. Contact the Commissioner relative to any inquires or complaints.
Utah Residents: Under the Utah Statute of Frauds Act, Utah Code Ann. §§ 25-5-1 et seq., Utah requires each credit agreement to contain a clearly stated typewritten or printed provision giving notice to the debtor that the written agreement is a final expression of the agreement between the creditor and debtor and the written agreement may not be contradicted by evidence of any alleged oral agreement. The provision does not have to be on the promissory note or other evidence of indebtedness that is tied to the credit agreement. Utah Code Ann. § 25-5-4(2)(d).
Military Members. 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 Forces and his or her dependent (a "Covered Borrower") may not exceed an annual percentage rate of 36 percent. You are a Covered Borrower if at the time of establishing this account you are an active duty service member or an active Guard or Reserve duty member, or you are a qualifying dependent of that member. If you are a Covered Borrower, the provisions of this Agreement relating to arbitration do not apply to this Credit Account involving consumer credit. Oral Disclosure: If you are a Covered Borrower, you may obtain information about the Line of Credit, including information about the payment obligation, by calling us toll-free, at 1-206-222-0689.
YOUR BILLING RIGHTS / ERROR RESOLUTION PROCEDURES
Error Resolution Procedures under the Electronic Fund Transfer Act (Regulation E)
If you believe there is an error related to an electronic fund transfer (EFT) from your Account, you must notify us in writing at:
Upward Financial Inc. Attn: Billing Disputes2400 NW 80th Street #245Seattle, WA 98117
To help us process your dispute efficiently, please include the following in your written notice:
Timing Requirements You must contact us within 60 days after the error appeared on your periodic statement or was made available to you through our digital channels. Your notice must be in writing to preserve your error resolution rights.
Definition of Error For the purposes of this policy, an “error” includes the following:
Note: The following are not considered errors under this policy:
What Happens After We Receive Your Written Notice
Once we receive your written notice, we will take the following steps:
During Our Investigation
While we are reviewing your claim:
If you notify us that you still disagree with our resolution and you do so in writing within 10 days, we are required to note that you are disputing the amount in any report we make to credit bureaus or other third parties. We will also inform any party we reported the delinquency to once the matter is resolved.
Important Definitions
These procedures are in place to comply with the Electronic Fund Transfer Act (EFTA) and its implementing regulation, Regulation E, and to protect your rights as a consumer. If you have further questions, please contact our support team.
CREDIT REPORT AUTHORIZATION
In this Credit Report Authorization, the following terms have the following meanings: “we,” “us,” and “our” refer to: (1) Cross River Bank, as the originating creditor of the Line of Credit Account, (2) Upward Financial Inc., as the servicer on behalf of the Bank of the Line of Credit, and (3) their service providers.
You authorize us to obtain consumer credit reports that we will use to populate your credit action plan and when considering your application for a Line of Credit Account If you apply for a Line of Credit Account , you authorize us to obtain consumer credit reports from time to time and any other information about you in connection with any legal or commercial purpose, including:
You acknowledge that each time we request your credit information for the purposes described herein that your credit score may be impacted. You are allowed to receive one free consumer report under the Fair Credit Reporting Act from each of the three U.S. national credit reporting agencies (Experian, Equifax, and TransUnion) during any 12-month period. You may also be able to receive free consumer reports as permitted by state law. For information on obtaining a free consumer report from Experian, Equifax or TransUnion, contact them directly at www.experian.com, www.equifax.com, and www.transunion.com.