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For
purposes of these Terms and Conditions ("Terms and
Conditions"), the following definitions apply: "National City
Bank", "we", "us", or "our" means National City Bank,
Cleveland,
OH, its
successors and/or assigns. "Goal Financial" means
Goal Financial, LLC,
1229 King Street 3rd Floor, Alexandria, VA 22314. "You" or
"your" means education loan borrowers of National City Bank
and/or Goal Financial whose loans meet the eligibility
requirements.
"Program" means the "Goal
Advantage Consolidation Loan Interest Rate Reduction
Benefit."
1.
Eligibility is
restricted to borrowers that have a Goal Advantage
Consolidation Loan that was originated by National City Bank
and:
-Are
not enrolled in any other borrower benefit, loyalty or reward
program for the same Goal Advantage Consolidation Loan;
and
-Are
in repayment status at the time of calculation of the
reduction; and
-have
made the first forty-eight (48) consecutive, regularly
scheduled full monthly payments on-time;
and
-Whose
eligible loan was first disbursed on or after
8/22/2007.
2.
We accept no responsibility for late, lost or misdirected
mail.
3.
We base the Interest Rate Reduction as
follows:
- For Fixed Interest Rate Goal Advantage Consolidation
Loans, we base the Interest Rate Reduction on the Interest
Rate disclosed to you on the initial Disclosure Statement
provided upon loan disbursement.
- For Variable Rate Goal Advantage Consolidation Loans,
we base the Interest Rate Reduction on the Margin disclosed to
you on the initial Disclosure Statement provided upon loan
disbursement.
4.
We calculate Interest Rate Reductions on the first day of the
month following the date you meet eligibility requirements.
5.
We calculate the amount of the Interest Rate Reduction as
follows:
-
You will receive a 0.50% Interest Rate Reduction after making
the first forty-eight (48) consecutive, regularly scheduled
full monthly payments on-time.
7.
A payment is considered "on-time" if it is received no more
than 10 days after the due date. If we receive a
returned check for any qualifying payment, the amount of the
returned check will be added to your loan balance, and the
payment will be considered late. Periods of authorized
deferment and forbearance are disregarded in determining which
payment is the "first" payment and determining whether
payments are considered "consecutive".
8.
Payments
made on any other education loan(s) will not qualify you for
the benefits contained in this Program.
10.
You can receive an Interest Rate Reduction only once during
the term of your loan.
11.
Interest Rate Reductions will only be made if your student
loan is open and in repayment status.
12. To avoid forfeiting
this Interest Rate Reduction, you must continue to make
on-time monthly payments. If your account
becomes any status other than in repayment, in forbearance, or
in deferment for any period during your loan, you do not have
the right to receive an Interest Rate Reduction and we will
terminate your eligibility for participation in the Program.
13.
Borrowers
enrolled in the Goal Advantage Consolidation Loan Interest
Rate Reduction Benefit Program are not eligible for any other
Goal Advantage Consolidation Loan borrower benefit or loan
loyalty or reward programs. The only exception to
this is that you may also apply for and receive a 0.25%
reduction in the rate at which interest accrues on your loan
for making your payments by automatic debit, if set up
directly with our loan servicer.
14.
We will notify you by mail of your Interest Rate Reduction.
15.
We reserve the right to adjust Interest Rate Reduction
amounts. For example, if you receive an Interest Rate
Reduction in excess of the amount you should have received, we
will adjust your interest rate and your loan balance for the
erroneous interest rate reduction.
16.
You should allow 90 days from the time you send your
qualifying payment for the notification of your Interest Rate
Reduction.
18.
You may not transfer or assign your Interest Rate Reduction.
19.
Liability for any tax on any benefits provided to you pursuant
to this program shall be your sole responsibility. We
recommend that you contact your own accountant or tax advisor
in this regard.
21.
As a condition of participating in this Program, you agree
that (1) all disputes that cannot be resolved between us, and
causes of action arising out of or connected with this
Program, shall be resolved individually, without resort to any
form of class action, and exclusively by final and binding
arbitration under the rules of the American Arbitration
Association and held at the AAA regional office nearest Alexandria, Virginia; (2) the Federal Arbitration Act will govern
the interpretation, enforcement and all proceedings at such
arbitration; and (3) judgment upon such arbitration award may
be entered in any court having jurisdiction. Under no
circumstances will you be permitted to obtain awards for, and
you hereby waive all rights to claim punitive, incidental or
consequential damages, or any other damages, including but not
limited to attorneys fees, other than your actual
out-of-pocket expenses (i.e., costs associated with entering
this Program). You further waive all rights to have damages
multiplied or increased.
24.
In the event that you claim that you are eligible for the
Interest Rate Reduction but have not received it, then you
must provide verification to our satisfaction as to your claim
of an entitlement. All reduction claims are subject to our
verification checks and procedures, as determined by us in our
discretion. We must receive all inquiries regarding claims
within ninety (90) days of the date that you claim you became
fully eligible for the Interest Rate Reduction.
27.
The Terms and Conditions of this program are subject to change
without notice.
28.
The Terms and Conditions of this program are void where
prohibited by law.
29.
If a court of competent jurisdiction finds any provision of
these Terms and Conditions to be void, then the court shall
strike the offending provision while giving the remaining
provisions full force and effect.
30.
We may suspend or terminate this Program at any time with or
without notice and without liability to you or any other
person.
31.
The laws of the State of
California
shall
govern and be used to construe these Terms and
Conditions.
You
should direct any questions regarding this program to Goal
Financial Customer Service at 800-869-1538.
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