Updated: July 18, 2022
Acceptance Of Agreement
You accept this Agreement, and expressly agree to be bound by the terms, conditions, and disclosures of this Agreement if you do not cancel your Account within 30 days after opening, or you start using your Account. You may, however, reject the “Arbitration of Disputes” section as explained in that section.
You expressly consent and agree that Masons Financial and our affiliates, agents, assignees, and service providers may use written, electronic, or verbal means to contact you. This consent includes contact by manual calling methods, pre-recorded or artificial voice messages, text messages, emails and/or automatic telephone dialling systems. You agree that Masons Financial and our affiliates, agents, assignees, and service providers may use any email address or any telephone number you provide, now or in the future, including a number for a cellular phone or other wireless device, regardless of whether you incur charges as a result. For any wireless (mobile) number you provide, you represent that you are the subscriber or are authorized to consent to these communications on behalf of the subscriber. You agree that Masons Financial may monitor and record any telephone calls to assure the quality of our service or for other business reasons, and that you will advise us if your contact information changes.
- “Account” means your Masons Financial checking account.
- “Affiliate” means our parent corporations, subsidiaries, and affiliates.
- “Bank” means * Bank the issuing bank of Masons Financial.
- “Card” means the Debit Masons Financial card issued to you.
- “Check” means any check we send to you to access your Account.
- “Purchase” means the use of your Account to purchase or lease goods or services at participating merchants.
- “Transaction Date” means the date shown on your billing statement for a transaction or fee.
- “We,” “us” and “our” refer to Masons Financial.
- “You,” “your” or “yours” refer to you and any other person(s) who are also contractually liable under this Agreement.
- “You”, “your”, “Cardholder” and “Owner,” means the Owner of the Masons Financial Account.
- “We,” “us,” and “our” mean Masons Financial, our successors, affiliates, or assignees.
- “Value” means funds
- “Value load”, “value loading”, “Top Up”, and “Topping Up” means adding funds to your Account
Terms and Conditions for your Account
The Account is a checking account with a Card. The Card allows you to access funds placed in the Account. The Card is not a credit card. You will not receive any interest on the funds in your Account. The Card will remain the property of Masons Financial and must be surrendered upon demand. The Account and the Card are non-transferable, and it may be cancelled, repossessed, or revoked at any time without prior notice subject to applicable law. Please read this Agreement carefully and keep it for future reference.
Obtaining Your Account and Card: The USA PATRIOT Act is a federal law that requires all financial institutions to obtain, verify, and record information that identifies each person who obtains a checking account. What this means for you: When you obtain an Account, we will ask for your name, address, date of birth, identification number and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents at any time.
Owner: You are responsible for all authorized transactions initiated and fees incurred using your Account and Card. If you permit another person to have access to your Account, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons.
Authorized Users: You must be at least eighteen (18) years of age to have a Masons Financial Account.
Personal Identification Number (“PIN”): We will give you a Personal Identification Number (“PIN”). With your PIN, you may use your Card, (i) to obtain Cash from any domestic (located in the United States) Automated Teller Machine (“ATM”) which bears VisaCard®, Cirrus®, Maestro® or NYCE® brand or (ii) at any Point‐of‐Sale (POS) device which requires entry of a PIN that bears the VisaCard®, Cirrus®, Maestro® or NYCE® brand or that accepts VisaCard®, Cirrus®, Maestro® or NYCE® brand cards. All ATM transactions are treated as Cash withdrawal transactions. You should not write or keep your PIN with your Card. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately, following the procedures in the paragraph labeled “Your Liability for Unauthorized Transfers.”
Loading Your Account: You may add value to your Account at any time. You may add value to your Account via ACH transaction from a checking or savings account. You can obtain information on how to fund your Account at www.Masons Financial.com. The initial funding of the account must be made via ACH transfer. The minimum amount of the initial Account funding is $10. The maximum amount of the initial Account funding is $10,000.00. The minimum amount of each deposit is $10.
Closing Your Account: You may close your Account at any time by returning your Card to us or sending us notification that you no longer wish to have an Account and hold a Card. Upon receipt of that notice, we will require you to return your Card to us. When you close your Account, you will be liable for any charges still pending at the time of closure. If you wish to close your Account, you agree to notify us of this intention in writing. You agree to hold us harmless for honoring or refusing to honor any item on a closed Account. All related closing fees as noted in our Schedule of Fees may be deducted from the final balance.
Using Your Card
The maximum amount of cash that can be withdrawn using your Card at a Domestic ATM is $10,000.00 per twenty‐eight (28) days, with a maximum amount of $5,000.00 per withdraw and a maximum of fifteen transactions per twenty‐eight (28) days. The maximum amount of cash that can be withdrawn using your Card at a POS device is $5,000.00 per twenty‐eight (28) days, with a maximum amount of $5,000.00 per transaction. The maximum amount of cash that can be spent on your Card using a POS device is $10,000.00 per twenty‐eight (28) days, with a maximum of $5,000.00 per transaction and a maximum of one hundred transactions per twenty‐eight (28) days. The maximum amount of cash that can be transferred via DDA is $10,000.00 per twenty‐eight (28) days, with a maximum of $10,000.00 per transaction and a maximum of ten transactions per twenty‐eight (28) days.
No more than $10,000.00 per day and $10,000.00 per twenty‐eight (28) days can be used in total with your Card. You may use your Card to purchase or lease goods or services wherever the Card is honored if you do not exceed the Value available on your Account. You are responsible for all transactions initiated by use of your Card. If you permit someone else to use your Card, we will treat this as if you have authorized such use and you will be responsible for any transactions made subject to such use. If you do not have enough Value loaded on your Card, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another card. These are called “split transactions.” Some merchants do not allow Cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash.
If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20% or more to ensure there is sufficient Value available to cover tips or incidental expenses incurred. Any preauthorization amount will place a “hold” on your available Value until the merchant sends us the final payment amount of your purchase. If a hold is placed on your Account, you will be notified of the hold by Masons Financial. Once the final payment amount is received, the preauthorization amount on hold will be removed. It may take up to thirty (30) days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount.
If you use your Card number without presenting your Card (such as for a mail order or internet purchase), the legal effect will be the same as if you used the Card Masons Financial. For security reasons, we may limit the amount or number of transactions you can make on your Card. Your Card cannot be redeemed for cash. You may use your Card to access cash at a Domestic Automated Teller Machine (ATM). You may not use your Card for any illegal transactions, use at casinos, and any gambling activity.
Each time you use your Card, you authorize us to reduce the Value available on your Account by the amount of the transaction. You are not allowed to exceed the available amount on your Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the Value available on your Card (creating a “shortage”) you shall remain fully liable to us for the transaction. We reserve the right to bill you for any shortage. You agree to pay us promptly for the shortage. We also reserve the right to cancel this Card should you create one or more shortages with your Card.
You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. You do have the right to stop payment on any pre‐authorized, scheduled future transaction with at least a three (3) day business notice prior to the date of the scheduled transaction. You must notify us in writing to stop payment on any pre‐authorized transaction. If you do not submit this form, future payments will be allowed from your Card. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of Value for up to thirty (30) days. Transactions at certain merchants especially, car rentals and hotels, may result in a hold for that amount of Value for up to ninety (90) days. You will be notified by Masons Financial if a preauthorized regular payment fails for any reason.
Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds. The amounts credited to your Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.
International Transaction Fee
If you obtain your funds (or make a purchase) in a currency or country other than the currency or country in which your Card was issued, the amount deducted from your funds will be converted by VisaCard® into an amount in the currency of your Card. VisaCard® will establish a currency conversion rate for this convenience using a rate selected by VisaCard® from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate VisaCard® Masons Financial receives, or the government‐mandated rate in effect for the applicable central processing date, in each instance, plus or minus any adjustment determined by us. This percentage amount is independent of any amount taken by us in accordance with the following section of these Terms & Conditions.
If you obtain your funds (or make a purchase) in a currency or country other than the currency or country in which your Card was issued, we will charge a fee of 3% of the total transaction amount and will retain this amount as compensation for our services. This charge is independent of the currency conversion rate established by VisaCard®.
For transactions over $15, you should get a receipt at the time you make the transaction or obtain cash using your Card. In some cases, you may receive a receipt even if the transaction is $15 or less. You agree to retain your receipt to verify your transactions.
Calls and Messages to You; Mobile Telephone Numbers
By providing us with your telephone number (including your cellular telephone number), you consent to receiving autodialled and pre-recorded message calls and Short Message Service (SMS), push notifications, or other text or email messages from Masons Financial at that number, including transaction verification requests. If we determine that a telephone number you have provided to us is a mobile telephone number, we may categorize it as such in our systems and in your Profile.
Our Liability for Failure to Complete Transactions
If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we may be liable for your losses or damages. However, in no event will we be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages. There are some exceptions to our liability. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough Value available on your Card to complete the transaction.
- If a merchant refuses to accept your Card.
- If an ATM where you are making cash withdrawal does not have enough cash.
- If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction.
- If access to your Card has been blocked after you reported your Card lost or stolen.
- If there is a hold or your funds are subject to legal process or another encumbrance restricting their use.
- If we have reason to believe the requested transaction is unauthorized.
- If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken.
- Any other exception stated in our Agreement with you.
Your Liability for Unauthorized Transfers
Your Card is the same as cash and the loss, theft or unauthorized use of your Card could cause you to lose all value on your Card. You are responsible for all transactions initiated using your Card, including any PIN‐based transactions, any transactions initiated by presenting the Card number only and any authorized transactions initiated by someone else.
You must report unauthorized transactions immediately and/or notify us immediately if you believe your Card has been lost or stolen. Only transactions determined to be fraudulent or unauthorized that occur after notification to us will be credited to the Card. Therefore, it is imperative that you notify us immediately upon discovery of unauthorized use, loss, or theft of the Card. You are responsible for transactions that occur between the time the Card is lost or stolen and the time we are notified. When reporting a lost or stolen Card, you will be required to provide us with your name, the Card number, your most recent transaction(s), and any other personal information necessary to verify your identity and your ownership of the Card. Once this information is verified, we will either reissue a Card or refund the remaining balance, subject to the $7.95 Card Replacement Fee or the $30.00 Expedited Replacement Card Fee in the Fee Schedule, above, and subject to the settlement of any pending transactions on the Card. Please be advised that we reserve the right to require an affidavit confirming the information you provide related to your lost or stolen Card prior to the issuance of a replacement Card or refund. Please also be advised that it is your responsibility to take reasonable measures to safeguard your Card from loss or theft and failure to take such measures may result in the denial of any lost or stolen funds. You agree to fully cooperate with us in our investigation of any possible unauthorized use of your Card.
- This Card is equivalent to cash and should be treated as such.
- Do not carry your PIN in your wallet or purse or write it on your Card.
- Never write your PIN on the outside of papers that could be easily lost or seen.
- Carefully check ATM or POS transactions before you enter the PIN or before you sign the receipt; the funds for this item will be quickly transferred out of your Card.
- Periodically check your Card Transaction History. This is particularly important if you shop online. Compare the current balance and recent withdrawals or transfers to those you have recorded, including your current ATM and POS withdrawals and purchases and other transfers. If you notice transactions you did not make, or if your balance has dropped suddenly without activity by you, immediately report the problem to your Card issuer. Someone may have co‐opted your Card information to commit fraud.
- VisaCard provides Zero Liability for “unauthorized purchases.” Zero liability applies to purchases made in the store, over the telephone or online. As a Cardholder, you will not be held responsible in the event of unauthorized purchases provided that the following conditions are met:
- Your Card is in good standing.
- You have exercised reasonable care in safeguarding your Card from any unauthorized use. Unauthorized use means that you did not provide, directly, by implication or otherwise, the right to use your Card and you received no benefit from the “unauthorized” purchase.
- You have not reported two or more unauthorized events in the past 12 months.
- Zero Liability does not apply to VisaCard or Debit VisaCard cards:
- issued for commercial, business, or agricultural purposes, except for VisaCard commercial cards used for small businesses as listed on www.Visacardbusiness.com;
- or issued or sold “anonymously” (for example, a prepaid card purchased in a store), until such time as the identity of the Cardholder has been registered with the financial institution that issued the card;
- or if a PIN is used for the unauthorized purchase.
What to do …
- If you have questions regarding zero liability coverage or suspect unauthorized use of your Card, contact us IMMEDIATELY.
- If any of the conditions set forth above are not met, then your liability may not be zero, but it may be limited by us or federal, state, or local law. Again, check with us.
- for the application of Zero Liability outside of the United States, check your VisaCard regional site.
Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Kansas except to the extent governed by federal law.
Your Card balance is FDIC insured. Your funds will be held at or transferred to * Bank, a FDIC‐insured institution. Once there, your funds are insured up to $250,000 by the FDIC in the event * Bank fails if specific deposit insurance requirements are met.
See fdic.gov/deposit/deposits/prepaid.html for details.
Your Card or any balance is not an extension of credit.
Amendment and Cancellation
We may amend or change the terms of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice.
We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
Information about Your Right to Dispute Errors
In case of errors or questions about your Card transactions, including if you think your Transaction History or receipts are wrong or if you need more information about a transaction listed on the written history of transactions or receipts. You must contact us no later than the earlier of either sixty (60) days after the FIRST view of your Transaction History electronically that included the error or problem OR sixty (60) days after we sent you the FIRST written history of Card transactions that included the problem or error.
- Provide your name and Card number (if any).
- Describe the error or the transaction you are unsure about and explain why you believe it is an error or why you need more information.
- Provide the dollar amount of the suspected error.
- Provide the approximate time when the error took place.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty‐five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.
For errors involving new Cards, point‐of‐sale, or foreign‐initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you about the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting our customer service.
We may disclose information to third parties about your Card or the transactions you make:
- Where it is necessary for completing transactions.
- to verify the existence and condition of your Card for a third party, such as merchant;
- to comply with government agency, court order, or other legal reporting requirements.
- If you give us your permission, or.
- to our employees, auditors, affiliates, service providers, or attorneys as needed.
from time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law. You agree that you consent to such monitoring and/or recording.
No Warranty Regarding Goods and Services
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.
Purpose: This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.
Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to the Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreements. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, crossclaims and third‐party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law, and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Card, or the Cards of any Additional Cardholders designated by you; (ii) the amount of Available Funds on the Cards; (iii) advertisements, promotions or oral or written statements related to the Cards, goods or services purchased with the Cards; (iv) the benefits and services related to the Cards; and (v) your enrolment for any Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court.
As used in the Arbitration Provision, the terms “we” and “us” shall for all purposes mean Masons Financial, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns, and all their agents, employees, directors, and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Cards (including, but not limited to merchants who accept the Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co‐party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or “yours” shall mean all persons or entities approved by us to have and/or use a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all Additional Cardholders.
Initiation of Arbitration Proceeding/Selection of Administrator: In the event of a dispute, you and Direct may choose to settle claims outside of court through an internationally accepted arbitration procedure as laid out in the International Chamber of Commerce by‐laws or referred to either applicable Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”). If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select either of the other organizations listed to serve as arbitrator administrator.
For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) the NAF at P.O. Box 50191, Minneapolis, MN 55404; website at www.arbitration‐forum.com; (ii) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; (iii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.
Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE NAF, JAMS, OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a representative capacity on behalf of the public, other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1‐16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely
request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three‐arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three‐arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.
Continuation: This Arbitration Provision shall survive termination of your Card as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement, or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.