CREDIT STRONG REVOLVTM SAVINGS ACCOUNT AGREEMENT
[Savings Agreement]
TRUTH IN SAVINGS
PERSONAL SAVINGS ACCOUNT DISCLOSURE
1. RATE INFORMATION. The interest rate on your Credit Strong Revolving Line of Credit Savings Account (“Savings Account”) is 0.01% with an annual percentage yield (APY) of 0.01%. Your interest rate and annual percentage yield may change.
Determination of Rate. At our discretion, we may change the interest rate on your Savings Account. Frequency of Rate Changes. We may change the interest rate on your Savings Account every day. 2. COMPOUNDING AND CREDITING. If paid, interest will be compounded on a daily basis. Interest will be credited to your Savings Account on a monthly basis. If you close your Savings Account before interest is credited, you will receive the accrued interest.
3. MINIMUM BALANCE REQUIREMENTS. You must deposit an Advance from your Secured Savings® Loan (“Loan”) to open this Savings Account.
4. BALANCE COMPUTATION METHOD. We use the daily balance method to calculate interest for your Savings Account. This method applies a daily periodic rate to the daily balance in your Savings Account each day. The daily balance that we use when calculating interest is the collected balance. That means we only include those funds for which we have actually received payment when we determine the daily balance on which interest is paid. 5. TRANSACTION LIMITATIONS. You may not make deposits into or withdrawals from your Account, except as expressly provided in your Credit Strong Revolving Line of Credit Collateral Lock Authorization (“Lock Authorization”). 6. FEES AND CHARGES. See your Credit Strong Fee Schedule (“Fee Schedule”) for a list of fees and charges, which schedule is subject to change from time to time. Currently, the following fees may be assessed to your Savings Account:
None
7. ACCOUNT CLOSURE. A written request to close your Savings Account will be deemed a written notice of revocation of your Lock Authorization. If you choose to revoke your Lock Authorization, you are required to repay the outstanding balance of your Loan. You agree that we will not unlock your Savings Account or close your Savings Account until you repay the outstanding balance of your Loan, except as provided in your Lock Authorization. When your Savings Account is unlocked, whether after revocation or termination of your Lock Authorization, we will transfer the entire (net) funds remaining in your Savings Account to the linked payment method (“Payment Method”) in your Credit Strong Portal (“Portal”), another ACB savings account as permitted or issue a check to your last known residence address. We will normally make funds available within five (5) business days of unlocking your Savings Account; however, funds may not be available for up to 90 days after your Savings Account is unlocked: (i) if your Payment Method is different from any payment method on file with us, (ii) for verification of Loan repayment, or (iii) for any other lawful purpose.
© 2022 Austin Capital Bank SSB All Rights Reserved. NOTICE: The type of account you select may determine how property passes on your death. Your will may not control the disposition of funds held in some of the following accounts. AB SINGLE-PARTY ACCOUNT WITHOUT “P.O.D.” (PAYABLE ON DEATH) DESIGNATION: The party to the account owns the account. On the death of the party, ownership of the account passes as a part of the party’s estate under the party’s will or by intestacy.
SINGLE-PARTY ACCOUNT WITH “P.O.D.” (PAYABLE ON DEATH) DESIGNATION: The party to the account owns the account. On the death of the party, ownership of the account passes to the P.O.D. beneficiaries of the account. The account is not a part of the party’s estate. Enter the name or names of the P.O.D. beneficiaries and their addresses: Name Addresses:
N/A
By (i) checking the box confirming I have read, understand and accept this Notice and (ii) clicking “Sign and Pay”, I acknowledge that I have read each paragraph of this Notice and affirm that I selected the account type next to which my initials are found and intend to electronically sign this document. Digitally signed by Alexx Brooks Date: 08/29/2025 15-33 PM 94.0.109.76
© 2022 Austin Capital Bank SSB All Rights Reserved. CREDIT STRONG REVOLVTM SAVINGS ACCOUNT AGREEMENT
This Credit Strong Revolving Line of Credit Savings Account Agreement (“Agreement”) explains important terms and conditions that govern your savings account (“Savings Account”) that is established contemporaneously with the Secured Savings® secured revolving line of credit loan with Austin Capital Bank (“Loan”). Please read this Agreement carefully and keep a copy of it with your banking records for future reference as it describes your rights and responsibilities regarding your Savings Account. If you cannot print or download a copy, please contact Credit Strong Customer Service to obtain one. This Agreement includes an Arbitration Agreement provision, Jury Trial Waiver provision, Class Action Waiver provision and Texas Governing Law provision (see Sections C. 13 through C.15 and C.1 below). By maintaining a Savings Account with us, you agree to the terms and conditions of this Agreement. “Bank,” “we,” “our,” and “us” refer to Austin Capital Bank and, our successors, affiliates, representatives or assignees. “You” and “your” refer to the owner of the Savings Account. A. YOUR SAVINGS ACCOUNT
1. SCOPE OF AGREEMENT. This Agreement governs your Savings Account with Austin Capital Bank, a federally insured state-chartered Texas savings bank.
2. CONSUMER PURPOSE. You agree that this Savings Account will be established and used only for personal, family or household purposes.
3. ELIGIBILITY. You may open and maintain a Savings Account with us if (a) we have received and approved all Savings Account-related opening documentation that we may require, (b) your Savings Account has been appropriately funded and
(c) you have satisfied any other requirements that we may have. 4. SECURITY. This Savings Account serves as collateral for your Loan and will be locked according to your Credit Strong Revolving Line of Credit Collateral Lock Authorization (“Lock Authorization”). We have a security interest in the last twelve
(12) months of Minimum Payments made on the Loan that are held in this Savings Account. Funds in excess of the latest twelve (12) months of Minimum Payments (“Excess Funds”) will be unlocked pursuant to the Lock Authorization. In the event of termination of your Loan, your Savings Account will be unlocked. Our security interest will be released and funds will be made available upon the confirmation of Loan repayment, subject to any delay in funds availability as specified in the
“Termination and Closure” paragraph below.
5. SAVINGS ACCOUNT FUNDING. Upon the funding of your Loan, this Savings Account will be created with a deposit of your first Advance from your Loan.
B. SAVINGS ACCOUNT TERMS AND CONDITIONS
1. INTEREST. The interest rate on your Savings Account is 0.01% with an annual percentage yield (APY) of 0.01%. Your interest rate and annual percentage yield may change at our discretion. We may change the interest rate on your Savings Account every day. There are no maximum or minimum interest rate limits for this Savings Account. If applied, interest will be compounded daily and will be credited to your Savings Account monthly. If you close your Savings Account before interest is credited, you will receive the accrued interest. We use the daily balance method to calculate interest on your Savings Account. This method applies a daily periodic rate to the collected balance in your Savings Account each day. Interest begins to accrue no later than the business day after you receive credit for the proceeds of your Loan. 2. DEPOSITS. You authorize and allow us to deposit into your Savings Account any additional Advances as you may request from time to time pursuant to the terms of your Credit Strong Revolving Line of Credit Secured Loan Agreement (“Loan Agreement”).
3. WITHDRAWALS. You may not make any withdrawals from the Savings Account except as specified in the “Termination and Closure” paragraph below.
4. TRANSFERS. You may not make any transfers to the Savings Account. You may make transfers of Excess Funds from the Savings Account from time to time pursuant to the terms of the Lock Authorization and the “Termination and Closure” paragraph below.
5. DEPOSIT PLACEMENT AND DEPOSIT NETWORKS. You authorize us to place your Savings Account funds with, or to remove Savings Account funds from, other federally insured depository institutions (each a “Network Bank” and together
“Network Banks”). We may do so (i) directly or (ii) through a deposit network program administered by a third party network service provider (a “Deposit Network Service”). Any funds we place will be held beneficially in your name in an account insured by the Federal Deposit Insurance Corporation (“FDIC”) or National Credit Union Administration (“NCUA”), although FDIC or NCUA insurance may not fully insure your funds if the aggregate balance of all accounts beneficially owned by you at such insured depository institution exceeds appropriate maximum insurance limits. You may not restrict the placement of Savings Account funds into any particular insured depository institution. You will not earn any interest on balances held beneficially in any Network Bank. Upon request, we will identify any Network Banks or network providers holding or administering funds for you.
The placement of funds will not create a direct relationship between you and (i) any participating Network Bank or (ii) any participating network service provider. Each network service provider, as agent, will maintain records of the location and the balance of all funds held for your benefit.
You acknowledge that we and any network provider may earn fees and other revenues paid by the Network Banks and that the amount of the fees received by us may affect the interest paid, if any, to your Account by us. You can opt out of deposit placement by sending written notice to us via certified mail addressed to: Credit Strong, a division of Austin Capital Bank
Attn: Deposit Network Opt Out
3305 Steck Ave, Suite 275, Austin, TX 78757
Your notice will be effective only when acknowledged by us in writing. If you do not receive written confirmation from us within seven (7) to ten (10) days after delivery of your notice, you will need to (i) contact us to confirm that we received your written notice or (ii) resend your notice.
6. STATEMENTS. We will provide to you a written report of your Savings Account activity (i) monthly or (ii) upon reasonable request. We may post Savings Account statements to your Credit Strong Portal (“Portal”). In the event that we post Savings Account statements to your Portal, we will send notification to your email address on file to alert you that your statement is available. We may discontinue sending statement notices by email if you change your email address. If we send you statements by postal mail, we may stop sending statements by postal mail if your statement is returned to us because you have changed your postal address or for any other reason. Carefully review your statement each statement cycle and promptly notify us of any errors within 60 days of posting or receipt. 7. TERMINATION AND CLOSURE. Your Savings Account will be closed and this Agreement will terminate after 30 days when the Savings Account balance is $0 following termination of your Loan or via early termination. A written request to close your Savings Account will be deemed a written notice of revocation of your Lock Authorization. If you choose to revoke your Lock Authorization, you are required to repay the outstanding balance of your Loan in full. You agree that we will not unlock your Savings Account or close your Savings Account until you repay all amounts owed under your Loan with good funds. When your Savings Account is unlocked, we will transfer the entire (net) funds remaining in your Savings Account to the linked payment method (“Payment Method”) in your Portal, another ACB savings account or issue a check to your last known residence address. We will normally make funds available within five (5) business days of unlocking your Savings Account; however, funds may not be available for up to 90 days after your Savings Account is unlocked: (i) if your Payment Method is different from any payment method previously used or on file with us, (ii) for verification of Loan repayment or
(iii) for any other lawful purpose.
8. FEES AND CHARGES. Your Savings Account may be subject to regular service fees as well as miscellaneous fees and charges. You agree to pay the fees and charges that apply to you. We will deduct these fees and charges automatically from your Savings Account without any specific request from you. These fees and charges are listed in your Credit Strong Fee Schedule (Fee Schedule), which schedule is subject to change from time to time. C. GENERAL TERMS AND CONDITIONS
1. GOVERNING LAW. Except for the Arbitration Agreement below which is governed by the FAA, this Agreement is governed by and will be construed in accordance with applicable federal law and (to the extent not preempted by federal law) the laws of Texas, without regard to internal principles of conflict of laws. The legality, enforceability and interpretation of this Agreement and the amounts contracted for, charged and reserved under this Agreement will be governed by such laws (together, “Applicable Law”). You agree that you have submitted a request to us in Texas to have a deposit account opened for you in Texas.
2. DOCUMENTATION AND IDENTIFICATION. To avoid possible fraud or other problems with your Savings Account, all documentation you provide to us in connection with establishing your Savings Account must be in a form satisfactory to us. We reserve the right to approve any and all documentation you use with your Savings Account. We may from time to time request additional information from you to protect your Savings Account and our systems from fraud or other problems. This information may include new specimen signatures and other information that we must obtain under Applicable Law. You agree to assist us by promptly complying with any such request. You also agree to hold us harmless for refusing to pay or release funds or to take any other action relating to your Savings Account where the refusal is based on your failure to provide the signatures or documentation requested by us from time to time. 3. SIGNATURE CARD, RESOLUTIONS AND OTHER WRITTEN AUTHORIZATION. The classification and form of ownership of your Savings Account is designated on the information you submitted in the application for your Loan. We may rely on this designation for all purposes concerning your Savings Account. We reserve the right to require you to give separate written authorization telling us who is authorized to act on your behalf. We are also authorized to follow the directions of a person having actual, implied or apparent authority to act on your behalf until we receive written notice that such authority has been terminated and we have had a reasonable time to act upon that notice. You agree to indemnify, defend and hold us harmless from and against any and all Losses or other harm arising from any action we have taken or failed to take in any way relating to any resolution, written authorization or directions provided to us by you or any other person having actual, implied or apparent authority to act on your behalf. We are not required to recognize any written authorizations or other written instructions that are not on a form provided by us. 4. AUTHORIZED SIGNER. The authorized signer for your Savings Account is the person (or persons) whose signature appears on your application for a Loan or on any other written authorization received by us. For the payment of funds and for other purposes relating to your Savings Account, we are authorized to recognize that signature, but we will not be liable to you for refusing to honor signed instructions if we believe in good faith that the signature appearing on instructions is not genuine. You agree that we will not be liable to you for honoring signed instructions if we believe in good faith that the signature appearing on such instructions is authorized.
5. SANCTIONS. In accordance with U.S. sanctions, U.S. financial institutions, including us, will reject or block, as appropriate, any property, including funds transfers, involving U.S. sanctioned entities or countries. As our client, you should not provide, grant or allow any individual subject to U.S. sanctions, access to your account(s) held by us. You should not assist in circumventing any sanction in conducting transactions through your account held by us. If we become aware of any transaction or attempted transaction that evades, avoids or circumvents U.S. sanctions, we will take appropriate steps to reject or block, as appropriate, the transaction and report such activity to the relevant authorities. 6. CHANGING THIS AGREEMENT. We may change this Agreement at any time. If the change will adversely affect your Savings Account, we will give you notice before the effective date of the change or as otherwise required by law. We may provide this notice to you (i) on or with your statement or (ii) by mailing notice to you directly by electronic or postal mail. If we have notified you of a change in any term of your Savings Account and you continue to hold or use your Savings Account with us after the effective date of the change, you have agreed to the new terms. 7. CONTROVERSY. If we reasonably believe that there is a controversy regarding the ownership of or any other aspect of your Savings Account, we may refuse to allow any withdrawals or any other actions with respect to your Savings Account until the controversy is resolved. We may also permit withdrawals or other actions to be taken only in accordance with the terms of this Agreement. If we do not permit any action to be taken or withdrawal to be made in such circumstances, we will not be responsible for our refusal to permit the withdrawal or other action. We may also remove any funds in dispute and deposit them with a court of competent jurisdiction for a determination as to whom the funds should be paid. If we do this, we may be reimbursed for our costs and expenses.
8. RIGHT OF SETOFF. You grant to us a security interest in, and a right of setoff against, any and all moneys, securities or other property of yours in the possession of, or on deposit with us now and in the future. Subject to applicable law, we may exercise our right of setoff that we are entitled to exercise under common law, under this Agreement and under statute, or security interest, to recover amounts you owe us from any and all accounts you maintain with us without notice to you. We may exercise our right of setoff for any liability or debt of any of yours, whether joint or individual, whether direct or contingent, whether now or hereafter existing, and whether arising from overdrafts, endorsements, guarantees, loans, attachments, garnishments, levies, attorneys' fees, or other obligations; provided, however, that we shall not exercise such rights as to any lien secured by Texas homestead property or if limited by other applicable law. 9. OUR RELATIONSHIP WITH YOU. Neither this Agreement nor the deposit relationship of your Savings Account creates a fiduciary relationship between us and you.
10. ATTORNEYS’ FEES AND COLLECTION COSTS. To the greatest extent not prohibited by applicable law, you will pay us all expenses, including, but not limited to, collection costs, court costs, attorneys’ fees and expenses, and all other expenses of like nature, which may be expended by us in the prosecution or defense of any action or concerning any matter arising out of or related to this Agreement.
11. INDEMNIFICATION. Except for our gross negligence or willful misconduct, you will indemnify and hold us harmless from all loss, costs, damage, liability or expenses (including, without limitation, court costs and reasonable attorneys’ fees) that we may sustain or incur in any action or proceeding concerning any matter arising out of or related to this Agreement and/or any other documents now or hereafter executed in connection with this Agreement. This indemnity will survive the termination of this Agreement.
12. LIMITATION OF LIABILITY. Except as expressly prohibited by applicable law, we will not be liable to you for any indirect, special, incidental, consequential, punitive or exemplary damages of any kind, arising from this Agreement or relating to the obligations hereunder, even if advised of such potential damages. 13. ARBITRATION AGREEMENT. By entering into this Savings Agreement, you agree to the following: SIGNIFICANCE OF ARBITRATION; LIMITATIONS AND RESTRICTIONS. IN ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO: (i) HAVE A COURT OR JURY DECIDE THE CLAIM BEING ARBITRATED,
(ii) ENGAGE IN PREARBITRATION DISCOVERY (THAT IS, THE RIGHT TO OBTAIN INFORMATION FROM THE OTHER PARTY) TO THE SAME EXTENT THAT YOU OR BANK COULD IN COURT, (iii) PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS IN A CLASS ACTION, IN COURT OR IN ARBITRATION, RELATING TO ANY CLAIM SUBJECT TO ARBITRATION OR (iv) JOIN OR CONSOLIDATE CLAIMS OTHER THAN YOUR OWN OR OUR OWN. OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Broad Meaning of “Claims”. The term "Claims" in this Agreement is to be given the broadest possible meaning and includes
(by way of example and without limitation) Claims arising from or relating to (i) this Agreement based upon contract, tort, fraud, statute, regulation, common law and equity, (ii) any transactions effected pursuant to this Agreement, (iii) terms of or change or addition of terms to this Agreement, (iv) collection of any obligation arising from this Agreement,
(v) advertisements, promotions or oral or written statements relating to or arising out of any application or solicitation for a Loan or this Agreement or any transactions between you and us pursuant to this Agreement and the related agreements governing your Lock Authorization and Loan, including any Claims regarding information obtained by us from, or reported by us to, credit reporting agencies or others, (vi) Claims between you and us or the parties’ respective parent corporations, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, employees, officers, directors or representatives arising from any transaction between us and you pursuant to this Agreement and the related agreements governing your Lock Authorization and Loan and (vii) Claims regarding the validity, enforceability or scope of this Arbitration section or this Agreement including, but not limited to, whether a given claim or dispute is subject to arbitration. Arbitration. All Claims will be resolved through arbitration pursuant to this Section 13 rather than by litigation, except for Claims filed in small claims court as described below. Claims will be decided by a neutral arbitrator. No party will have the right to participate in a representative capacity or as a member of any class pertaining to any Claim subject to arbitration. Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator’s decision will be final and binding. Other rights parties would have in court may also not be available in arbitration. The arbitrator’s authority is limited to Claims between the parties to this Agreement. Claims may not be consolidated unless all parties agree, in writing. Any arbitration award and any judgment confirming it will apply only to a specific Claim and cannot be used in any other case except to enforce the award. Arbitration herein is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”) will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-***-****. To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Austin Capital Bank, ATTN: Credit Strong, 3305 Steck Ave, Suite 275, Austin, TX 78757. If a Claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely based on documents, through a telephonic hearing, or by an in-person hearing. The arbitration will be conducted in the county of your residence. The arbitrator will give a brief written explanation of the award. The arbitrator’s award will be final and binding except for any appeal right provided for the FAA. A party will have 30 days to appeal the award by notifying the AAA and all parties in writing. AAA will appoint a three-arbitrator panel to decide, anew, by majority vote based on written submissions, any aspect of the decision objected to. Judgment upon any award may be entered in any court having jurisdiction. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA’s rules, but if you are unable to pay any of them, we will pay them for you. We will reimburse all such fees and costs for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous. We will not seek our attorneys’ fees or costs in arbitration unless the arbitrator determines the claims or defenses are frivolous. Any costs of an appeal will be borne by each party with no advancement from us and we may seek reimbursement of the costs of an appeal from you. Nothing in this section prevents either us or you from bringing a Claim that otherwise qualifies for small claims court on an individual basis. Claims brought in small claims court may be brought either in Travis County, Texas, or in the county of your residence. You consent to jurisdiction in Travis County, Texas, for all purposes. THIS SECTION 13 SHALL SURVIVE THE EXPIRATION, TERMINATION OR RESCISSION OF THIS AGREEMENT. 14. JURY TRIAL WAIVER. TO THE GREATEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE PARTIES HERETO WAIVE TRIAL BY JURY IN ANY COURT IN ANY SUIT, ACTION OR PROCEEDING ON ANY MATTER ARISING IN CONNECTION WITH OR IN ANY WAY RELATED TO THE TRANSACTIONS OF WHICH THIS AGREEMENT IS A PART OR THE ENFORCEMENT HEREOF, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. THE PARTIES HERETO ACKNOWLEDGE THAT EACH MAKES THIS WAIVER KNOWINGLY, WILLINGLY AND VOLUNTARILY AND WITHOUT DURESS, AND ONLY AFTER EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THEIR ATTORNEYS.
15. CLASS ACTION WAIVER. TO THE GREATEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE PARTIES HERETO WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW AS AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR A COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES HEREBY AGREE THAT: (1) THE PREVAILING PARTY WILL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT) AND
(2) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
16. NO WAIVER BY US. No delay on our part to exercise, and no delay in exercising, any right under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right under this Agreement preclude any other or further exercise of any other right. The remedies provided hereunder are cumulative and not exclusive of any remedies provided by law or equity.
17. ASSIGNMENT. This Agreement will bind and inure to the benefit of the respective successors and assigns of each party; provided, however, that you may not assign this Agreement or any rights or duties hereunder without our prior written consent and any prohibited assignment is absolutely void. No consent to an assignment by us will release you from your obligations under this Agreement. Subject to any applicable requirements of law, we may assign this Agreement and its rights and duties hereunder and no consent or approval by you is required in connection with any such assignment. 18. SEVERABILITY. In case any one or more of the provisions contained in this Agreement should be determined to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein will not in any way be affected or impaired to the greatest extent consistent with the stated intent of the parties. We will have the right either to continue this Agreement as severed or to terminate this Agreement in whole. 19. NOTICES. Except as otherwise provided in this Agreement, any notice provided under this Agreement must be in writing but may be provided electronically. Notices will be deemed given when properly addressed and deposited in the U.S. mail, postage prepaid, First Class mail, delivered in person, or sent by registered mail, by certified mail, by nationally recognized overnight courier, or by electronic mail. Notice to you will be sent to the last known physical address or electronic mail address in our records for you. Notice to you will be deemed notice to any joint owner or other authorized or representative party on your behalf. Notice to us may be