b'MASTERCARD\xc2\xae First Progress\nCARDHOLDER AGREEMENT\nNEW YORK RESIDENTS:\nRETAIL INSTALMENT CREDIT AGREEMENT\nThis agreement (\xe2\x80\x9cAgreement\xe2\x80\x9d or \xe2\x80\x9cCardholder Agreement\xe2\x80\x9d),\nas modified from time to time, will govern the use of\nyour First Progress MasterCard Account (\xe2\x80\x9cAccount\xe2\x80\x9d) by\nany person designated on the application, acceptance\ncertificate or other written document (including an electronic\nrecord) that you signed or otherwise submitted for this\nAccount (\xe2\x80\x9cApplication\xe2\x80\x9d), which is part of this Agreement\nand incorporated herein by reference. The accompanying\nSummary of Terms is hereby incorporated into and\nmade a part of this Agreement. Before you use any credit\ncard (\xe2\x80\x9cCard\xe2\x80\x9d) that we issue to you, please thoroughly read\nthis Agreement, including the accompanying Summary\nof Terms and the following additional documents, which\nare part of this Agreement and incorporated herein by\nreference: (i) the card mailer provided with your Card(s)\nwhen we opened your Account (\xe2\x80\x9cCard Mailer\xe2\x80\x9d), (ii) your\nmost recent cardholder statement (existing Accounts\nonly), and (iii) any notification of changes to your Account\n(existing Accounts only). If you do not wish to be bound\nby this Agreement or to activate the Account, do not use\nthe Card and cut the Card in half and return it to us at First\nProgress Card, P.O. Box 9053, Johnson City, TN 376159053. Any acceptance, signing or use of the Card or\nAccount will constitute your consent and agreement to all\nterms, conditions and provisions set forth below (in New\nYork, you must sign a sales slip or memorandum). If you\nelect to close your Account and notify us in writing before\nyou make any charges for Purchases or Cash Advances\nto your Account or pay any Fees, including the Annual\nFee, you will not be responsible for any Fees, including\nthe Annual Fee, or any Interest. In such a case, any Fees\nor Interest charged will be credited back to your Account.\nNew York Residents: You will not be required to pay any\nannual fee until after the date that you first sign a sales\nslip or memorandum.\nPlease save this Agreement for future reference. It\ncontains important state and federal disclosures, including\nRegulation Z disclosures and disclosures regarding your\nrights in case of errors or inquiries about your bill.\n\nIn this Agreement, \xe2\x80\x9cwe\xe2\x80\x9d, \xe2\x80\x9cus\xe2\x80\x9d, and \xe2\x80\x9cour\xe2\x80\x9d refer to Synovus\nBank, 1125 1st Avenue, Columbus GA 31901, the issuer\nof the Card, and to its successors and assigns. The words\n\xe2\x80\x9cyou\xe2\x80\x9d and \xe2\x80\x9cyour\xe2\x80\x9d refer to the person who applied for the\nAccount, any co-signer, co-obligor or guarantor, and each\nperson to whom we issue a Card at your request or who\nuses a Card with your consent (an \xe2\x80\x9cAuthorized User\xe2\x80\x9d).\nThe words \xe2\x80\x9cBusiness Day\xe2\x80\x9d mean any day (excluding\nSaturday and Sunday or legal holiday) on which banking\ninstitutions are open for general business in Georgia.\n\xe2\x80\x9cPurchases\xe2\x80\x9d mean using your Card or Account to pay\nfor goods or services. \xe2\x80\x9cCash Advance\xe2\x80\x9d means using\nyour Card or Account to get cash from ATMs or banks\nthat accept the card or by using cash advance checks\n(\xe2\x80\x9cConvenience Checks\xe2\x80\x9d) we may provide to you. \xe2\x80\x9cInterest\xe2\x80\x9d\nmeans the interest charges we impose on a Purchase or\nCash Advance or on Fees or previously accrued interest\ncharges. \xe2\x80\x9cFees\xe2\x80\x9d means other amounts added to your\nAccount from time to time, including Cash Advance Fees,\nForeign Transaction Fees, Late Fees, Annual Fees,\nReturned Payment Fees, and other fees we charge as\nspecified in this Agreement. \xe2\x80\x9cFinance Charge\xe2\x80\x9d includes\nboth Interest and certain Fees.\nThis Agreement becomes effective on the date (the\n\xe2\x80\x9cEffective Date\xe2\x80\x9d) we establish your Account and your\nDeposit Account following the last to occur of (i) our receipt\nand approval of your Application, and (ii) our receipt and\nfinal collection of good funds comprising your payment\nof your initial Deposit (in New York, on the date that you\nfirst sign a sales slip or memorandum after receipt of the\nAgreement, if not an existing customer).\nTo avoid unauthorized use of your Card, please sign the\nback of your Card immediately.\nIn the \xe2\x80\x9cSecurity Interest\xe2\x80\x9d section that follows next,\n\xe2\x80\x9cCardholder Agreement\xe2\x80\x9d refers to this Agreement,\nincluding the Security Interest section.\n\nSecurity Interest. As a condition to approving an Account for you, you must maintain a deposit with us of not\nless than $200 (the \xe2\x80\x9cDeposit\xe2\x80\x9d). Your Deposit will be held in a comingled non-interest bearing deposit account with\nother customers\xe2\x80\x99 deposits (\xe2\x80\x9cDeposit Account\xe2\x80\x9d). The Deposit Account is insured by the Federal Deposit Insurance\nCorporation to the extent permitted by law. You grant us a security interest in and pledge and assign to us that portion\nof the Deposit Account represented by your Deposit, including any funds deposited following the Effective Date of\nyour Cardholder Agreement, to secure payment of all of your existing and future obligations under your Cardholder\nAgreement and on your Account (the \xe2\x80\x9cSecurity Interest\xe2\x80\x9d). Except for the Security Interest you are providing us, you\nshall cause the Deposit to remain unencumbered (i.e. not subject to any lien, judgment, attachment or execution).\nYou may add funds to the Deposit Account only with our approval. If we approve such addition of funds, they must be\nmailed to us using a paper check at the address we specify at the time of approval. You are not permitted to initiate\nelectronic transfers to or from the Deposit Account. You may not withdraw or transfer funds from the Deposit Account\nother than by our refund to you of any amounts remaining of your Deposit after your Account is closed and each of\nthe following have occurred: (i) all amounts owed to us on your Account or otherwise owed under your Cardholder\nAgreement are paid in full, (ii) we receive from you all unexpired Cards, cut in half, and (iii) a period of up to 10 weeks\n\nF03-L175-0 -1119\n\nDear Cardmember:\n\n1\n\n\x0chas elapsed since your Account was closed and your unexpired Cards returned to us, during which we may retain\nany amounts remaining of your Deposit to allow for any outstanding transactions to be posted to your Account. If\nyou or we close your Account for any reason, or you are in Default (as provided in your Cardholder Agreement), you\nauthorize us, to the extent not prohibited by law, to apply all or any part of your funds in the Deposit Account towards\nthe outstanding balance of your Account and any other amounts owed under your Cardholder Agreement without\ngiving you prior notice. If we choose not to, or otherwise fail to apply your funds in the Deposit Account towards\namounts owed on the Account or otherwise owed under your Cardholder Agreement, you agree that: (a) we do not\nthereby waive any right we have to do so at any later time, and to the extent not prohibited by law we may so apply\nsuch funds at any time, in our sole discretion; and (b) you are not thereby excused from the performance of any\nobligation owing with respect to the Account or otherwise under your Cardholder Agreement. However, if the Account\nis closed by you or by us for any reason, and we fail to apply your funds in the Deposit Account towards amounts\nowed on the Account or otherwise owed under your Cardholder Agreement, you may request in writing that we apply\nyour funds in the Deposit Account towards such amounts. We will honor any such written request within 10 days after\nwe receive it at P.O. Box 9053, Johnson City, TN 37615-9053. If the amount of your funds in the Deposit Account\nexceeds the amount you owe us, then, we will refund to you any amounts of your Deposit remaining in the Deposit\nAccount after all obligations owed to us are satisfied subject to the time period restrictions described above. Except\nfor your Deposit in the Deposit Account, we do not have a security interest in any other of your property in connection\nwith your Account. Funds in the Deposit Account are not held in trust for the Cardholder.\n1. Using Your Card. You may use your Card to make\nPurchases or obtain Cash Advances if your Account is in\ngood standing and you have Available Credit, as defined\nin Section 2 below. If you give your Account number\nto make a Purchase or obtain a Cash Advance without\npresenting your Card (such as for a mail order, telephone,\nor Internet purchase), the legal effect will be the same as\nif the Card itself was used by you. If we, at our option,\ngive you a Personal Identification Number (PIN), you may\nalso use your Card and a PIN to obtain Cash Advances\nat any automated teller machine (\xe2\x80\x9cATM\xe2\x80\x9d) that bears the\nMasterCard logo. We may impose restrictions on your\nAccount at any time, including restrictions on (a) the\nnumber of transactions allowed per day; (b) the dollar\namount of transactions approved; (c) your ability to obtain\nCash Advances; and (d) your ability to use your Card at\nan ATM.\nYou agree to use your Account only for personal, family\nor household purposes. Your Account may be used\nonly for valid and lawful purposes. If you use, or allow\nsomeone else to use, your Card and Account for any\nother purpose, you will be responsible for such use\nand may be required to reimburse us for all amounts or\nexpenses we pay as a result of such use. You may not\nuse the Card or your Account for any illegal transaction\nor any gambling transaction. We will decline identifiable\ngambling transactions.\nYou should not keep your PIN with your Card. If you\nbelieve that anyone has gained unauthorized access to\nyour PIN, you should advise us immediately, following the\nprocedures under the heading \xe2\x80\x9cLost or Stolen Card.\xe2\x80\x9d\n2. Credit Limit and Available Credit. The maximum\npermitted outstanding balance for your Account (including\nprincipal, accrued Interest and fees, whether billed or\nunbilled) is your credit limit (\xe2\x80\x9cCredit Limit\xe2\x80\x9d). Your credit\navailable (\xe2\x80\x9cAvailable Credit\xe2\x80\x9d) is the Credit Limit less your\noutstanding balance and any amounts we at our sole\ndiscretion may add to keep your outstanding balance\nbelow your Credit Limit, such as Interest Charges and\n\nFees incurred but not yet billed. The initial Credit Limit\nfor your Account will be equal to the amount of the\nDeposit that you make with us, which must be at least\n$200 (see \xe2\x80\x9cSecurity Interest\xe2\x80\x9d above). However, if you\nchoose to deposit more than $200, your initial deposit and\ncorresponding Credit Limit may not exceed $2,000 and\nmust be at least the amount specified in the solicitation\nor application. Your initially available credit will be\nequal to your initial Credit Limit, less the Annual Fee in\nthe amount specified in the accompanying Summary\nof Terms, imposed after your Account is opened. For\nexample, if your initial Credit Limit is $200 and if your\nAnnual Fee specified in the accompanying Summary\nof Terms is $49, your initially available credit would be\n$151. (The renewal Annual Fee, when imposed annually\nthereafter, would also reduce your then available credit\nby $49.) Or, for example, if your initial Credit Limit is $200\nand if your Annual Fee specified in the accompanying\nSummary of Terms is $39, your initially available credit\nwould be $161. (The renewal Annual Fee, when\nimposed annually thereafter, would also reduce your then\navailable credit by $39.) Or, for example, if your initial\nCredit Limit is $200 and if your Annual Fee specified in\nthe accompanying Summary of Terms is $29, your initially\navailable credit would be $171. (The renewal Annual Fee,\nwhen imposed annually thereafter, would also reduce\nyour then available credit by $29.) Your Credit Limit may\nbe increased only with our approval. For cardholders\nunder the age of 21 with a co-signer, the co-signer\nmust sign a written statement approving the increase\nand taking responsibility for repayment of the increase.\nIf we approve your request to do so, your Credit Limit\nand Available Credit may be increased by your making\nan additional deposit with good funds to your Account,\nby mailing them to us at the address we specify at the\ntime of approval. We may choose to increase your Credit\nLimit without requiring you to add to the Deposit Account.\nAny increases in your Credit Limit are subject to credit\napproval. The maximum Credit Limit you can obtain over\ntime is $5,000. Payments you make on your Account will\nnot increase your Available Credit until we are assured\nthat the payment has not been dishonored. This payment\n\n2\n\n\x0chold may take up to ten (10) days (see \xe2\x80\x9cCredit Availability/\nPayment Hold\xe2\x80\x9d below at Section 5).\nYou agree not to make any Purchase or obtain any Cash\nAdvance that would cause the unpaid principal balance\nof your Account to exceed your Available Credit. We are\nnot required to allow you to make Purchases or Cash\nAdvances that, along with billed and unbilled Finance\nCharges and Fees, would cause your outstanding\nAccount balance to exceed your Credit Limit, but, if we\ndo, you will be liable for any such amount. If you exceed\nyour Credit Limit, we may, at our option, (i) charge you for\nall Purchases and Cash Advances without giving up any\nof our rights (ii) require that you immediately pay to us any\namount in excess of your Credit Limit, or (iii) suspend or\nterminate your use of the Card or Account. If you request\nthat your Credit Limit be increased either permanently or\ntemporarily, we have no obligation to do so; however, we\nmay make such an increase if we choose without giving\nup or waiving any of our rights, and without having to\nhonor other uses which would cause your Credit Limit to\nbe exceeded. We may permanently increase or decrease\nyour Credit Limit as we deem appropriate with notice if\nrequired by applicable law.\nChanges in your Credit Limit do not affect your obligation\nto pay all amounts that you owe under this Agreement.\n3. Billing Statement, Initial Annual Fee and Credit\nAvailability. The initial Annual Fee in the amount specified\nin the accompanying Summary of Terms will be billed to\nyour Account following Card issuance and will appear\non your monthly billing statement (\xe2\x80\x9cBilling Statement\xe2\x80\x9d).\nYour current Credit Limit and Available Credit will appear\non each Billing Statement. Payments you make on your\nAccount will not increase your Available Credit until we\nare assured that the payment has not been dishonored.\nThis payment hold may take up to ten (10) days (see\n\xe2\x80\x9cCredit Availability/Payment Hold\xe2\x80\x9d below at Section 5).\n4. Payments. You promise to pay us for all Purchases\nor Cash Advances (including amounts advanced to any\nAuthorized User) under this Agreement, plus all Interest,\nMinimum Interest Charges and Fees assessed on those\namounts, and all other costs that are applied to your\nAccount. You may at any time pay more than the minimum\npayment due or pay the total unpaid balance in full without\nincurring any additional charge for prepayment. You must\npay at least the minimum payment due each month\n(\xe2\x80\x9cMinimum Payment Due\xe2\x80\x9d) as shown on your Billing\nStatement so that we receive it at our processing facility\nby 5:00 P.M. Eastern Time on your Payment Due Date.\nThe Payment Due Date will be at least twenty-five (25)\ndays after the Billing Cycle Closing Date and will be the\nsame date of each calendar month. All payments must\nbe made in U.S. dollars, and all checks or other items\ntendered in payment must be drawn on a U.S. financial\ninstitution. Payments must be made in accordance with\nany other instructions shown on the Billing Statement.\nPayments by mail must be by check or money order\nand accompanied by the remittance coupon from your\n\nBilling Statement. Payments received in proper form at\nour processing facility by 5 PM Eastern Time on any day\nwill be credited to your Account as of that day. Payments\nreceived in proper form at our processing facility after\n5 PM Eastern Time on any day will be credited to your\nAccount as of the next day. Payments received by any\nother method may be subject to a delay in crediting of\nup to 5 days after the date of receipt. Payments are not\naccepted at Synovus Bank locations. Delayed crediting\nof payments may cause you to incur additional charges,\nincluding, but not limited to, a Late Fee and additional\nInterest charges. The Minimum Payment Due will equal\nthe greater of $40 or 5% of your outstanding balance, plus\nany past due amount and any balance in excess of your\nCredit Limit.\nPayments will be applied from time to time in any manner\nthat we determine to be in accordance with applicable\nlaw, but will ordinarily be applied to Interest, Fees, and\nother charges before principal balances. Payments in\nexcess of the Minimum Payment Due will be applied,\nin accordance with applicable law, to your highest rate\nbalances. Payments you make on your Account will not\nincrease your Available Credit until we are assured that\nthe payment has not been dishonored. This payment hold\nmay take up to ten (10) days (see \xe2\x80\x9cCredit Availability/\nPayment Hold\xe2\x80\x9d below at Section 5).\nPaying by Check. If you pay by check, you authorize\nus to use information on your check to make a onetime electronic debit from your account at the financial\ninstitution indicated on your check. This electronic debit\nwill be for the amount of your check; no additional amount\nwill be added to the electronic debit. We will process your\npayment using the Automated Clearing House (ACH)\nsystem. When we use information from your check to\nmake an electronic fund transfer, funds may be withdrawn\nfrom your account as soon as the same day we receive\nyour payment. Electronically processed checks (and\nchecks presented electronically) are not returned to you\nby your bank, but a copy can be retrieved by contacting\nyour bank. We will retain an image of your electronically\nprocessed check as required by law. Please contact the\nCustomer Service Department at the telephone number\non your Billing Statement if you have questions about\nelectronic check conversion or if you prefer not to have\nyour check information used in this way.\nStopping Convenience Check Payments: You agree to\nnotify us in writing sufficiently in advance to request that\nwe stop payment on a Convenience Check. We may, but\nare not required to, accept an oral stop payment request.\nAlthough we may attempt to stop payment, we are under\nno liability for failure to stop payment.\n5. Credit Availability/Payment Hold. For all payments,\ndepending on the payment amount and/or how long your\nAccount has been opened, and if you have previously\nmade a payment that was not honored for any reason,\nsuch payment will not increase your Available Credit until\nwe are assured that the payment has not been dishonored.\n3\n\n\x0cThis payment hold may take up to ten (10) days. If you\nuse a payment service provided by a third party to deliver\nyour payment to us, that third party may charge you a fee\nfor such service; such third party fees are not paid to us\nand we will not bill these fees to your Account; however,\nyou may authorize those charges if you wish.\t\t\n6. Irregular Payments and Delay in Enforcement,\nWaivers and Releases. We can accept late payments,\npartial payments, checks, and money orders marked \xe2\x80\x9cpaid\nin full\xe2\x80\x9d or language having the same effect without losing\nany of our rights under this Agreement. We are under no\nobligation to hold a postdated check and we reserve the\nright to process every item presented as if dated the same\ndate received by us unless you give us adequate notice\nand a reasonable opportunity to act on it. Except where\nsuch notice and opportunity is given, you may not hold\nus liable for depositing any postdated check. You agree\nnot to send us partial payments marked \xe2\x80\x9cpaid in full,\xe2\x80\x9d\n\xe2\x80\x9cwithout recourse,\xe2\x80\x9d or similar language. If you send such a\npayment, we may accept it without losing any of our rights\nunder this Agreement. All written communications\nconcerning disputed amounts, including a check or\nother payment instrument that (a) indicates that the\npayment constitutes \xe2\x80\x9cpayment in full\xe2\x80\x9d or is otherwise\ntendered as full satisfaction of a disputed amount, or\n(b) is tendered with other conditions or limitations,\nmust be marked or delivered to us at the address for\naccount inquiries shown on your Billing Statement,\nnot the Payment Address.\n7. Billing Statements. We will promptly send a Billing\nStatement at the end of each monthly Billing Cycle if your\nAccount has a debit or credit balance greater than $1.00\nor if a Finance Charge has been imposed. The Billing\nStatement will show the Previous Balance, Purchases\nand Cash Advances posted during the Billing Cycle,\nany Interest Charges, Other Charges and fees, and all\npayments, debits, and credits to your Account through the\nBilling Cycle Closing Date. It will also show, among other\nthings, your New Balance, the Minimum Payment Due,\nand the Payment Due Date (which will be at least twentyfive (25) days after the Billing Cycle Closing Date).\n8. Lost or Stolen Card. If you notice the loss or theft\nof your Card or a possible unauthorized use of your\nCard, write to us at First Progress Card, PO Box 9053,\nJohnson City, TN 37615-9053 or call us toll free at 1-866706-5543. You will not be liable for any unauthorized use\nof your Card that occurs after you notify us. In any case,\nyour liability will not exceed $50.00. In New York, you will\nnot be liable for unauthorized use of the Card that occurs\nprior to the Effective Date.\n9. Paying Interest. Interest accrues on Purchases\nbeginning on the date a Purchase is posted to your\nAccount. However, interest will not be imposed on\nPurchases we post to your Account in any Billing Cycle\nin which the Previous Balance shown on your Billing\nStatement for that Billing Cycle is zero or paid in full by\nthe Payment Due Date during that Billing Cycle, if you\n\npay your New Balance in full by the Payment Due Date\nshown on that Billing Statement. Interest accrues on\nCash Advances beginning on the transaction date. There\nis no time within which you can pay the balance of a Cash\nAdvance to avoid Interest. How to Avoid Paying Interest\non Purchases: Your Payment Due Date is at least 25 days\nafter the close of each Billing Cycle. We will not charge\nyou any Interest on Purchases if you pay your entire New\nBalance by the Payment Due Date each month.\nHow We Compute the Annual Percentage Rate (APR)\nand Daily Periodic Rate. The APR for Purchases and\nthe APR for Cash Advances are calculated by adding\nthe Margins disclosed in the accompanying Summary\nof Terms to the Prime Rate reported in The Wall Street\nJournal on the first Tuesday of every month, or if The Wall\nStreet Journal is not published on that day, on the next\npublication day. APRs are adjusted monthly, effective\nas of the first day of your first Billing Cycle ending on or\nafter the date of the Prime Rate change. APRs will vary\nwith the market based on variations in the Prime Rate.\nThe applicable Daily Periodic Rate will be equal to 1/365\nof the applicable APR. The accompanying Summary of\nTerms shows the Daily Periodic Rates and corresponding\nAPRs determined under the above formula, as of the date\nspecified in the Summary of Terms. If the Prime Rate\nincreases the Daily Periodic Rate and corresponding\nAnnual Percentage Rate under the above formula may\nincrease. As a result, the Interest Charges, the Minimum\nPayment Due and the number of payments may also\nincrease.\nMinimum Interest Charge. If your Account is subject\nto an Interest charge during any Billing Cycle,\nthe Minimum Interest Charge will be $1.50, if the\ncalculated Interest charge would otherwise be less.\nHow We Compute the Balance Subject to Interest\nRate.\nInterest for a Billing Cycle is calculated separately for\nPurchase and Cash Advance balances. Convenience\nChecks are included in the Cash Advance balance. For\neach balance type we use the daily balance method\n(including current transactions). For each balance type,\nwe figure the interest charge on your account by applying\nthe applicable Daily Periodic Rate to the applicable \xe2\x80\x9cdaily\nbalance\xe2\x80\x9d of your account for each day in the Billing Cycle.\nTo get the \xe2\x80\x9cdaily balance\xe2\x80\x9d for Purchases, we take the\nbeginning Purchases balance of your account each day\n(including any unpaid Interest, Minimum Interest Charges\nand Fees), add any new Purchases and Fees, and any\nInterest accrued on the previous day\xe2\x80\x99s daily balance, and\nsubtract the applicable portion of any new payments or\ncredits. To get the \xe2\x80\x9cdaily balance\xe2\x80\x9d for Cash Advances,\nwe take the beginning Cash Advances balance of your\naccount each day (including any unpaid Interest and\nFees), add any new Cash Advances and Fees, and any\nInterest accrued on the previous day\xe2\x80\x99s daily balance,\nand subtract the applicable portion of any new payments\nor credits. (All Fees are included in the Purchases\ndaily balance except Cash Advance Fees and Foreign\n4\n\n\x0cTransaction Fees related to Cash Advances, which are\nincluded in the Cash Advances daily balance.) The total\nInterest charges for each balance type for each day\nduring that Billing Cycle. Your Billing Statement will show\na Balance Subject to Interest Rate for each balance type.\nThat Balance Subject to Interest Rate is the average of\nthe daily balances during the Billing Cycle, which is their\nsum divided by the number of days in the Billing Cycle.\nThe method we use to figure the daily balance and Interest\nresults in daily compounding of interest.\n10. Fees\nCash Advance Fee. In addition to the periodic Interest on\nCash Advances, a Cash Advance Fee as specified in the\naccompanying Summary of Terms will be posted to your\nAccount, and such fee is included in your daily balance\nfor Cash Advances for the purpose of calculating Interest.\nThe Cash Advance Fee is a Finance Charge.\nForeign Transaction Fee. We will assess a Foreign\nTransaction Fee as specified in the accompanying\nSummary of Terms for any transaction made in a foreign\ncurrency that is converted to U.S. dollars by MasterCard\nInternational. This Foreign Transaction Fee will be applied\nto all transactions posted to your Account in a foreign\ncurrency, including all Purchases, Cash Advances, and\nreturns and adjustments (e.g., for returned merchandise)\nand for the purpose of calculating Interest is included in\nthe daily balance for the same daily balance type\n(e.g., Purchases or Cash Advances) as the transaction\nto which the Foreign Transaction Fee relates. A portion\nof each Foreign Transaction Fee is passed on by us to\nMasterCard International in connection with each foreign\ntransaction. The Foreign Transaction Fee is a Finance\nCharge.\nOther Fees. The following fees will be charged to your\nAccount as a Purchase for the purpose of calculating\nInterest:\nAnnual Fee: Your Account will be assessed an Annual\nFee as specified in the accompanying Summary of Terms\nafter your Account is opened and annually thereafter.\nThe Annual Fee is non-refundable except as provided in\nSection 13 below. Your payment of the Annual Fee does\nnot affect our right to close your Account or to limit your\nability to make transactions on your Account.\nLate Payment Fee. If we do not receive at least the\nMinimum Payment Due by the Payment Due Date shown\non your Billing Statement, you will be charged a Late\nPayment Fee of up to $28.00 [$29.00 effective January 1,\n2020] (up to $39.00 [$40.00 effective January 1, 2020] if\nyou have been subject to a Late Payment Fee during any\nof the preceding six Billing Cycles). We may also refer to\nthis Fee as the \xe2\x80\x9clate fee\xe2\x80\x9d or \xe2\x80\x9clate charge.\xe2\x80\x9d\nReturned Payment Fee. If your payment by check or\nother payment instrument (including an electronic funds\n\ntransfer or a telephone authorized draft) is not honored\nfor any reason or cannot be processed, we will charge a\nReturned Payment Fee of up to $28.00 [$29.00 effective\nJanuary 1, 2020].\nBilling Statement Copy Fee. If you request an additional\ncopy of a Billing Statement that is more than six (6)\nmonths old, we will charge you a Billing Statement Copy\nFee of $1.00 for each Billing Statement requested to the\nextent not prohibited by law.\nExpedited Telephone Payment Fee. We may make\navailable at our customer service number an expedited\ntelephone payment service involving assistance by one of\nour associates or agents. We will charge a $10.00\nExpedited Telephone Payment Fee for each expedited\npayment authorized by telephone in this way.\n11. Default/Collection Costs. Subject to the limitations of\napplicable law, your Account will be in default (\xe2\x80\x9cDefault\xe2\x80\x9d),\nand we may demand immediate payment of the entire\namount you owe us without giving you prior notice, if:\n(a) your Minimum Payment Due is not received by the\nPayment Due Date; (b) you make Purchases or obtain Cash\nAdvances in excess of your Credit Limit; (c) you become\ninsolvent or are a party to a bankruptcy proceeding; (d)\nyou die; (e) you misuse the Account or Card or violate\nany term of this Agreement; (f) any judgment or lien is\nfled against you or the Deposit; (g) to the extent permitted\nby law, we reasonably believe that your ability to repay\nyour obligations to us has been materially impaired; (h)\nyou fail to honor any of the terms or your promises made\nin this Agreement, or (i) you provide us with any false or\nmisleading information or signatures on the Application\nor in any other communication with us or on any other\naccount with us. We shall also have the right to all\nremedies provided by law including, without limitation,\nclosing or refusing to renew your Account and demanding\nreturn of your Card(s). Our failure to declare your Account\nin default does not excuse you from performing all of your\nobligations under this Agreement, and such failure shall\nnot constitute a waiver of our rights to declare the Account\nin default and terminate your ability to use the Account\nand the Card at a later time or upon the occurrence of the\nsame or a different event of default.\nIf we refer your Account for collection to an attorney who\nis not our regularly salaried employee, you agree to pay\nthe reasonable fees of such attorney and, whether or\nnot an attorney is retained, all court and other collection\ncosts, including any amounts actually incurred by\nus in recovering your Card(s), to the greatest extent not\nprohibited by law.\n12. Refusals to Honor Card. We are not responsible if\nany bank, merchant or other person refuses to honor your\nCard. Except as otherwise required by law or regulations,\nwe will not be responsible for merchandise or services\npurchased through use of your Card.\n13. Account Closing Prior to Use; Annual Fee Refund.\n5\n\n\x0cIf you elect to close your Account and notify us in writing\nbefore you make any charges for Purchases or Cash\nAdvances to your Account or pay any Fees, including the\nAnnual Fee, you will not be responsible for any Fees,\nincluding the Annual Fee, or any Interest. In such a case,\nany Fees or Interest charged will be credited back to your\nAccount. (New York Residents: You will not be required\nto pay any Fee, including the Annual Fee, or any Interest\nuntil after the date that you first sign a sales slip or\nmemorandum.) Except as provided above, to the extent\nnot prohibited by law the Annual Fee is non-refundable\nunless, in the case of a renewal Annual Fee, you sent\nus written notice of termination in accordance with (and\nwithin the 30 day period specified in) our annual renewal\nnotice sent to you prior to your Billing Cycle in which the\nrenewal Annual Fee is billed. However, if we close your\nAccount for a reason other than at your request and other\nthan for your Default, as set forth in Section 11 above, you\nwill be entitled to a pro-rata refund of the portion of your\nAnnual Fee which corresponds to the remaining portion of\nthe annual period for which the Annual Fee was imposed.\n14. Termination. You or we may close your Account or\nterminate your privileges under this Agreement or cancel\nor limit your privileges to make Purchases or obtain Cash\nAdvances at any time, with or without cause, subject to\napplicable notice requirements. If you or we terminate\nyour Account, you promise that any amounts that\nyou owe us at the time of termination, plus any new\nPurchases or Cash Advances, plus any Interest\nCharges, other Finance Charges and other Fees and\ncharges that will continue to be imposed at the rates\nand in the amounts specified in this Agreement, will\nbe repaid according to this Agreement. You agree\nthat you will not try to make any Purchases or obtain\nCash Advances after you have been notified that your\nprivileges to use your Account have been canceled. To\nterminate your Account, you must give us written notice\nof your intent to terminate your Account at the address\nfor inquiries shown on your Billing Statement. Your notice\nof termination will become effective as soon as we can\nreasonably act on it. If you or we close your Account for\nany reason, you authorize us, to the extent not prohibited\nby law, to apply all or any part of your funds in the Deposit\nAccount towards all amounts owed on the Account or\notherwise owed under this Agreement, as provided above\nunder \xe2\x80\x9cSecurity Interest\xe2\x80\x9d.\n15. Notices. We will send Billing Statements and any\nother notices to you at the address shown in our files. You\npromise to inform us promptly in writing of any change\nin your address or other contact information. Any written\nnotice from you to us regarding this Agreement or your\nAccount must be sent to us at First Progress Card, PO\nBox 9053, Johnson City, TN 37615-9053or call us toll free\nat 1-866-706-5543, or to such other address as we may\ngive you, and shall be effective only when received by us\nat such address. In determining your last known address,\nwe can accept address corrections received from the U.S.\nPostal Service.\n\n16. Changes in Agreement Terms. We can change\nany term of this Agreement, including the rate at which or\nmanner in which Interest Charges or other Finance\nCharges or Fees are calculated, in our sole discretion,\nupon such notice to you, if any, as is required by law.\nChanges in Interest Charges or other Finance Charges\nor Fees will apply to all new activity on your Account once\nthe change is effective, and may apply to your outstanding\nbalance when not prohibited by law.\n17. MILITARY LENDING ACT: The Military Lending\nAct (\xe2\x80\x9cMLA\xe2\x80\x9d) provides protections for certain members\nof the Armed Forces and their dependents (\xe2\x80\x9cCovered\nBorrowers\xe2\x80\x9d). The provisions of this section apply to\nCovered Borrowers under the MLA. If you would like more\ninformation about whether you are a Covered Borrower\nand whether this section applies to you, please contact us\nat 866-706-5543.\nStatement of MAPR: Federal law provides important\nprotections to members of the Armed Forces and their\ndependents relating to extensions of consumer credit. In\ngeneral, the cost of consumer credit to a member of the\nArmed Forces and his or her dependent may not exceed\nan Annual Percentage Rate of 36%. This rate must include,\nas applicable to the credit transaction or account: (1) the\ncosts associated with credit insurance premiums; (2) fees\nfor ancillary products sold in connection with the credit\ntransaction; (3) any application fee charged (other than\ncertain application fees for specified credit transactions\nor accounts); and (4) any participation fee charged (other\nthan certain participation fees for a credit card\naccount).\nOral Disclosures: In order to hear important MLA\ndisclosures and payment information, please call (888)\n491-6612.\nCovered Borrowers: If you are a Covered Borrower, as\ndefined under the MLA, 10 U.S.C. \xc2\xa7 987, as amended\nfrom time to time, (i) the provisions of the ARBITRATION\nPROVISION below, (ii) any waiver of your right to legal\nrecourse under any state or federal law and (iii) any other\nprovision in this Agreement that is not enforceable against\nyou under the MLA, does not apply to you.\n18. Arbitration\nPLEASE READ THIS PROVISION OF THE AGREEMENT\nCAREFULLY. UNLESS YOU EXERCISE YOUR RIGHT\nTO OPT-OUT OF ARBITRATION IN THE MANNER\nDESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE\nWILL BE RESOLVED BY BINDING ARBITRATION.\nARBITRATION REPLACES THE RIGHT TO GO TO\nCOURT, INCLUDING THE RIGHT TO HAVE A JURY\nTRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY\nBE PROVIDED FOR IN THE ARBITRATION RULES),\nAND TO PARTICIPATE AS A REPRESENTATIVE OR\nMEMBER OF ANY CLASS OF CLAIMANTS OR IN ANY\nCONSOLIDATED ARBITRATION PROCEEDING OR AS\nA PRIVATE ATTORNEY GENERAL. OTHER RIGHTS\nTHAT YOU WOULD HAVE IF YOU WENT TO COURT\nMAY ALSO BE UNAVAILABLE IN ARBITRATION.\n\n6\n\n\x0cAgreement to Arbitrate. You and we agree that any\nDispute (defined below) will be resolved by Arbitration.\nThis agreement to arbitrate is governed by the Federal\nArbitration Act, 9 U.S.C. \xc2\xa7 1 et seq., and the substantive\nlaw of the State of Georgia (without applying its choiceof-law rules).\nWhat Arbitration Is. \xe2\x80\x9cArbitration\xe2\x80\x9d is a means of having\nan independent third party resolve a Dispute. A \xe2\x80\x9cDispute\xe2\x80\x9d\nis any claim or controversy of any kind between you and\nus. The term Dispute is to be given its broadest possible\nmeaning and includes, without limitation, all claims or\ndemands (whether past, present, or future, including\nevents that occurred prior to the opening of this Account\nand whether or not a credit card is issued), based on\nany legal or equitable theory (contract, tort, or otherwise)\nand regardless of the type of relief sought (i.e., money,\ninjunctive relief, or declaratory relief). A Dispute includes,\nby way of example and without limitation, any claim based\nupon a federal or state constitution, statute, ordinance,\nregulation, or common law, and any issue concerning\nthe validity, enforceability, or scope of this arbitration\nagreement.\nOpt-Out of Arbitration. You may opt-out or reject\narbitration by sending a notice (\xe2\x80\x9cRejection Notice\xe2\x80\x9d)\nthat we receive within forty-five (45) Business Days\nafter the Effective Date. Any Rejection Notice must be\nsigned by you and must include your name, address,\ntelephone number and last four digits of the Account\nnumber.\nWhere to Send Notice to Opt-out of Arbitration. You\nmust mail the Rejection Notice by certified mail return\nreceipt requested or send it by messenger service (such\nas Federal Express) to us at First Progress Card, PO\nBox 9053, Johnson City, TN 37615-9053. In the event\nof any dispute concerning whether you have provided\na Rejection Notice within the time permitted, you must\nprovide a signed receipt confirming that you sent it to us\nin time. This is the only method you can use to reject this\narbitration provision.\nHow Arbitration Works. If a Dispute arises, the party\nasserting the claim or demand must initiate arbitration,\nprovided you or we may first try to resolve the matter\ninformally or through customary business methods,\nincluding collection activity. The party fling for arbitration\nmust choose either of the following arbitration firms\nfor initiating and pursuing arbitration: the American\nArbitration Association (\xe2\x80\x9cAAA\xe2\x80\x9d) or JAMS, The Resolution\nExperts (\xe2\x80\x9cJAMS\xe2\x80\x9d) (collectively \xe2\x80\x9cAdministrators\xe2\x80\x9d). If the\nparties mutually agree, a private party, such as a retired\njudge, may serve as the arbitrator. If you claim you have a\nDispute with us, but do not initiate for arbitration or select\nan arbitrator, we may do so. You may obtain copies of the\ncurrent rules of each of the arbitration firms and forms and\ninstructions for initiating for arbitration by contacting them\nas follows:\n\nAmerican Arbitration Association 335 Madison\nAvenue, Floor 10 New York, NY 10017-4605\nWebsite: www.adr.org\nJAMS 1920 Main Street Suite 300 Irvine, CA\n92614 Website: www.jamsadr.com\nThe policies and procedures of the selected arbitration\nfirm will apply provided such policies and procedures are\nconsistent with this arbitration agreement. To the extent\nthe arbitration firm\xe2\x80\x99s rules or procedures are different than\nthe terms of this arbitration agreement, the terms of this\narbitration agreement will apply.\nWaiver of Jury Trial and Class Action Waiver. Unless\nyou opt-out of arbitration, which you have the right\nto do as described above, you are waiving your\nright to a jury trial, to have a court decide your\nDispute, to participate in a class action lawsuit or\nclass arbitration, and to certain discovery and other\nprocedures that are available in a lawsuit. You and we\nagree that the arbitrator has no authority to conduct\nclass-wide proceedings and is only authorized to\nresolve the individual Disputes between you and us.\nThe validity, effect, and enforceability of this waiver\nof class action lawsuit and class-wide arbitration, if\nchallenged, are to be determined solely by a court of\ncompetent jurisdiction and not by the AAA, JAMS,\nor the arbitrator. If such court refuses to enforce\nthe waiver of class-wide arbitration, the Dispute will\nproceed in court. The arbitrator has the ability to\naward all remedies available by statute, at law, or in\nequity to the prevailing party including but not limited\nto attorneys fees and costs.\nStarting the Arbitration. Any party to a Dispute, including\nrelated third parties, may send the other party written\nnotice by certified mail, return receipt requested, of their\nintent to arbitrate and setting forth the subject of the\ndispute along with the relief requested, even if a lawsuit\nhas been fled.\nSelection of Arbitrator. Regardless of who demands\narbitration, you shall have the right to select either the\nAmerican Arbitration Association or JAMS. Their contact\ninformation is above. However, the parties may agree\nto select a local arbitrator who is an attorney, retired\njudge, or arbitrator registered and in good standing\nwith an arbitration association and arbitrate pursuant\nto such arbitrator\xe2\x80\x99s rules. The party receiving notice\nof arbitration will respond in writing by certified mail,\nreturn receipt requested, within twenty (20) days. If you\ndemand arbitration, you must inform us in your demand\nof the arbitration organization you have selected or\nwhether you desire to select a local arbitrator. If related\nthird parties or we demand arbitration, you must notify us\nwithin twenty (20) days in writing by certified mail, return\nreceipt requested, of your decision to select one of the\nAdministrators or your desire to select a local arbitrator. If\nyou fail to notify us, then we have the right to select one of\nthe Administrators. In the event that both of the Arbitration\norganizations mentioned above will not appoint someone\n7\n\n\x0cto serve as an arbitrator for the Dispute because these\norganizations no longer administer the type of Dispute or\notherwise, either party can petition a court of competent\njurisdiction to have the court appoint the arbitrator.\nWhat Rules Apply to the Arbitration. The arbitrator\nshall apply applicable substantive law consistent with\nthe Federal Arbitration Act, 9 U.S.C. \xc2\xa7\xc2\xa7 1 et seq. (\xe2\x80\x9cFAA\xe2\x80\x9d),\napplicable statutes of limitation, and shall honor claims of\nprivilege recognized at law. The parties to such Dispute\nwill be governed by the rules and procedures of the\nAdministrator selected applicable to consumer disputes\nto the extent those rules and procedures do not contradict\nthe express terms of this Arbitration Provision, including\nthe limitations on the arbitrator in this Arbitration Provision.\nYou may obtain a copy of the rules and procedures by\ncontacting the arbitration organization listed above\nOther Arbitration Rules. In addition to the parties\xe2\x80\x99 rights\nto obtain discovery pursuant to the applicable arbitration\nrules, either you or us may submit a written request to\nthe arbitrator to expand the scope of discovery normally\nallowed under the rules of the Administrator selected.\nThe arbitrator shall have discretion to grant or deny\nsuch request. The arbitrator may decide, with or without\na hearing, any motion that is substantially similar to a\nmotion to dismiss for failure to state a claim or a motion\nfor summary judgment. In conducting the arbitration,\nthe arbitrator shall not apply any federal rules of civil\nprocedure or evidence.\nPayment of Arbitration Fees. If you demand arbitration,\nthen at your request we will pay your portion of the\nexpenses associated with the arbitration, including the\nfling, administrative, hearing and arbitrator\xe2\x80\x99s fees but\nnot attorneys\xe2\x80\x99 fees or costs (collectively the \xe2\x80\x9cArbitration\nFees\xe2\x80\x9d). If related third parties or we demand arbitration,\nthen at your written request we will pay your portion of the\nArbitration Fees. Throughout the arbitration, each party\nshall bear his or her own attorneys\xe2\x80\x99 fees and expenses,\nsuch as witness and expert witness fees provided that\nwe will pay your attorney\xe2\x80\x99s fees and costs if the arbitrator\ndetermines that under the law we are required to pay\nthem.\nLocation of Arbitration. The arbitration hearing will be\nconducted in the county of your residence, within 30\nmiles from such county, or in such other place as shall be\nordered by the arbitrator.\nSurvival. This arbitration provision shall survive:\n(1) termination or changes to this Agreement, the Account,\nor the relationship between you and us concerning the\nAccount;\n(2) the bankruptcy of any party; and\n(3) any transfer, sale, or assignment of your Account, or\nany amounts owed on your Account, to any other person\nor entity.\n\nApplicable Law and Review of Arbitrator\xe2\x80\x99s Award.\nThe arbitrator shall apply applicable federal and Georgia\nsubstantive law and the terms of this Agreement.\nThe arbitrator must apply the terms of this arbitration\nagreement, including without limitation the waiver of\nclass-wide arbitration. The arbitrator shall make written\nfindings and the arbitrator\xe2\x80\x99s award may be fled with\nany court having jurisdiction. The arbitration award\nshall be supported by substantial evidence and must be\nconsistent with this Agreement and with applicable law,\nand if it is not, it may be set aside by a court. The parties\nshall have, in addition to the grounds referred to in the\nFederal Arbitration Act (\xe2\x80\x9cFAA\xe2\x80\x9d) for vacating, modifying,\nor correcting an award, the right to judicial review of (a)\nwhether the findings of fact rendered by the arbitrator are\nsupported by substantial evidence, and (b) whether the\nconclusions of law are erroneous under the substantive\nlaw of the State of Georgia and applicable federal law.\nJudgment confirming an award in such a proceeding\nmay be entered only if a court determines that the award\nis supported by substantial evidence and is not based\non legal error under the substantive law of the State of\nGeorgia and applicable federal law.\n19. Law that Applies to this Agreement. This Agreement\nis entered into between you and us in Georgia, and our\ndecisions regarding the extension of credit to you are\nmade in Georgia. Federal and Georgia law (other than its\ninternal conflict of laws rules) will apply to any controversy,\nclaim, or Dispute arising from or relating in any way to\nthe subject matter of this Agreement and your Account,\nincluding, without limitation, statutory, equitable, and tort\nclaims.\n20. Binding Effect. This Agreement is binding upon and\nenforceable against your heirs, legal representatives, and\nsuccessors.\n21. Severability. If any provision of this Agreement,\nincluding any portion of the arbitration agreement set\nforth above in Section 17, is determined to be invalid or\nunenforceable under any rule, law, or regulation, including\nthe Military Lending Act, the validity or enforceability\nof any other provision of this Agreement shall not be\naffected, and in lieu of such invalid or unenforceable\nprovision there shall be added automatically, as part of\nthis Agreement, a provision as similar in terms as may\nbe valid and enforceable, if possible. Notwithstanding\nthe foregoing, if a class action litigation or a class-wide\narbitration is permitted for any reason, either party may\nrequire that the entire Dispute, as defined in Section 17\nabove, be heard by a judge, sitting without a jury, under\napplicable court rules and procedures.\n22. Foreign Currency Conversion Rate. If you effect a\ntransaction at a merchant that settles in a currency other\nthan U.S. dollars, MasterCard will convert the charge into\na U.S. dollar amount. MasterCard\xe2\x80\x99s currency conversion\nprocedure includes use of either a government-mandated\nexchange rate, or a wholesale exchange rate selected by\nMasterCard, and the government-mandated exchange\n8\n\n\x0crate or wholesale exchange rate MasterCard uses for a\nparticular transaction is the rate MasterCard selects for\nthe applicable currency on the day the transaction is\nprocessed, which may differ from that applicable to the\ndate the transaction occurred or when it is posted to the\ncardholder\xe2\x80\x99s Account.\n23. Credit Reporting Information. Because you have\nrequested a Card, we are entitled under applicable law,\nincluding the Fair Credit ReportingAct, to obtain information\nabout you from a credit reporting agency. We may also\nverify your credit references and other information that\nyou provide to us. We may obtain updated or additional\ninformation about you, including consumer reports, from\ntime to time for any legitimate purpose including, but not\nlimited to, the extension of credit to you or the review\nor collection of your Account. We will report information\nabout your account to credit bureaus. Late payments,\nmissed payments, or other defaults in your account may\nbe reflected in your credit report. If you believe that our\nreport is inaccurate or incomplete, please write us at the\nfollowing address: First Progress Card, P.O. Box 9053,\nJohnson City, TN 37615-9053.\n24. Call Monitoring/Recording. You authorize us and\nany third party servicing your Account to listen to and\nrecord telephone calls between you and us and telephone\ncalls between you and any third party service provider, in\norder to evaluate the quality of service or for any other\nlawful purpose.\n\t\t\t\t\n25. Servicing Account. You authorize us or any of our\nagents to contact you at any of the telephone numbers you\nhave listed on your credit application or any other number\nyou provide to us, including a ported landline, regarding\npayments due or other information about your Account.\nYou authorize us to leave a message with a person or on\na voice mail service that answers the numbers you have\nprovided to us. You also authorize us to send U.S. postal\nmail or email to the addresses you provide to us on your\ncredit application or otherwise. We can also contact other\npersons you have listed on your credit application to find\nout information about you and how to contact you in the\nevent we are unsuccessful in contacting you as described\nabove. If you have agreed to accept text messages from\nus on your mobile, cellular telephone or similar devices,\nwe can contact you using text messages. You authorize\nus to call using an automated telephone dialing system\nand/or prerecorded messages. You also authorize us to\nsend you emails to any address where we can reasonably\nbelieve we can contact you. You may be charged by your\nwireless provider to receive text messages.\n26. Other Services. You understand that from\ntime to time we may partner with third parties to offer\nyou additional features, services and enhancements,\nincluding, but not limited to, credit protection, credit life,\ndisability or unemployment insurance, common carrier\ntravel insurance, credit card registration for lost or stolen\ncredit cards, emergency cash service, address change\nservice, and other travel related services. You understand\n\nthat we are not liable for these features, services, and\nenhancements, and they are the sole responsibility of\nthe third parties. You agree to hold us harmless from\nany claims, actions, or damages resulting from your use\nof any of these features, enhancements, or services,\nwhen permitted by applicable law. If you elect any of the\nforegoing, you authorize us to charge the premium or fee\nto the Account as a Purchase.\n27. Sale/Assignment/Transfer. We may sell, assign, or\ntransfer all or any portion of your Account or any balances\ndue under your Account without prior notice to you. You\nmay not sell, assign, or transfer your Card or your Account\nor any of your obligations under this Agreement.\n28. Entire Agreement. This Agreement, including the\naccompanying Summary of Terms, together with your\nApplication, constitutes the final and complete expression\nof the credit agreement between you and us relating to your\nAccount and supersedes and may not be contradicted by\nevidence of any prior, contemporaneous, or subsequent\noral credit agreement between you and us relating to your\nAccount.\n29. USA Patriot Act. To help the government fight the\nfunding of terrorism and money laundering activity,\nFederal law requires all financial institutions to obtain,\nverify and record information that identifies each person\nwho opens an Account.\nWhat this means to you: When you open an Account\nwe will ask you for your name, address, social security\nnumber, date of birth and other information that will allow\nus to identify you.\n30. How to Contact Us. For general inquiries we can\nbe reached in writing at: First Progress Card, PO Box\n9053, Johnson City, TN 37615-9053. Or, you can call\nour Customer Service Department at 1-866-706-5543.\nPayments should be mailed to the address listed on your\nBilling Statement.\nYour Billing Rights: Keep this Document for Future\nUse\nThis notice tells you about your rights and our\nresponsibilities under the Fair Credit Billing Act.\nWhat To Do If You Find a Mistake on Your Statement\nIf you think there is an error on your statement, write to\nus at:\nSynovus Bank\nP.O. Box 9053, Johnson City, TN 37615-9053\nIn your letter, give us the following information:\n\xe2\x80\xa2 Account information: Your name and the last four digits\nof the account number.\n\xe2\x80\xa2 Dollar amount: The dollar amount of the suspected error.\n\xe2\x80\xa2 Description of problem: If you think there is an error on\nyour bill, describe what you believe is wrong and why you\nbelieve it is a mistake.\n9\n\n\x0cYou must contact us:\n\xe2\x80\xa2 Within 60 days after the error appeared on your\nstatement.\n\xe2\x80\xa2 At least 3 business days before an automated payment\nis scheduled, if you want to stop payment on the amount\nyou think is wrong.\nYou must notify us of any potential errors in writing. You\nmay call us, but if you do we are not required to investigate\nany potential errors and you may have to pay the amount\nin question.\nWhat Will Happen After We Receive Your Letter\nWhen we receive your letter, we must do two things:\n1.\nWithin 30 days of receiving your letter, we must tell\nyou that we received your letter. We will also tell you if we\nhave already corrected the error.\n2. Within 90 days of receiving your letter, we must either\ncorrect the error or explain to you why we believe the bill\nis correct.\nWhile we investigate whether or not there has been an\nerror:\n\xe2\x80\xa2 We cannot try to collect the amount in question, or report\nyou as delinquent on that amount.\n\xe2\x80\xa2 The charge in question may remain on your statement,\nand we may continue to charge you interest on that\namount.\n\xe2\x80\xa2 While you do not have to pay the amount in question,\nyou are responsible for the remainder of your balance.\n\xe2\x80\xa2 We can apply any unpaid amount against your credit\nlimit.\nAfter we finish our investigation, one of two things will\nhappen:\n\xe2\x80\xa2 If we made a mistake: You will not have to pay the\namount in question or any interest or other fees related to\nthat amount.\n\xe2\x80\xa2 If we do not believe there was a mistake: You will have to\npay the amount in question, along with applicable interest\nand fees. We will send you a statement of the amount you\nowe and the date payment is due. We may then report\nyou as delinquent if you do not pay the amount we think\nyou owe.\nIf you receive our explanation but still believe your bill\nis wrong, you must write to us within 10 days telling\nus that you still refuse to pay. If you do so, we cannot\nreport you as delinquent without also reporting that you\nare questioning your bill. We must tell you the name of\nanyone to whom we reported you as delinquent, and we\nmust let those organizations know when the matter has\nbeen settled between us.\nIf we do not follow all of the rules above, you do not have\nto pay the first $50 of the amount you question even if\nyour bill is correct.\n\nYour Rights If You Are Dissatisfied With Your Credit\nCard Purchases\nIf you are dissatisfied with the goods or services that you\nhave purchased with your credit card, and you have tried\nin good faith to correct the problem with the merchant,\nyou may have the right not to pay the remaining amount\ndue on the purchase.\nTo use this right, all of the following must be true:\n1. The purchase must have been made in your home\nstate or within 100 miles of your current mailing address,\nand the purchase price must have been more than $50.\n(Note: Neither of these are necessary if your purchase\nwas based on an advertisement we mailed to you, or if\nwe own the company that sold you the goods or services.)\n2. You must have used your credit card for the purchase.\nPurchases made with cash advances from an ATM or with\na check that accesses your credit card account do not\nqualify.\n3. You must not yet have fully paid for the purchase. If all\nof the criteria above are met and you are still\ndissatisfied with the purchase, contact us in writing at:\nSynovus Bank\nPO Box 9053, Johnson City, TN 37615-9053\nWhile we investigate, the same rules apply to the\ndisputed amount as discussed above. After we finish our\ninvestigation, we will tell you our decision. At that point, if\nwe think you owe an amount and you do not pay, we may\nreport you as delinquent.\nSTATE NOTICES\nSERVICE CHARGES NOT IN EXCESS OF THOSE\nPERMITTED BY LAW WILL BE CHARGED ON YOUR\nOUTSTANDING BALANCE FOR EACH BILLING CYCLE.\nYOU MUST MAINTAIN A DEPOSIT ACCOUNT AS\nSECURITY FOR THIS CREDIT CARD ACCOUNT, AND\nSHALL GRANT US A SECURITY INTEREST IN THIS\nDEPOSIT ACCOUNT.\nCALIFORNIA RESIDENTS: A married applicant may\napply for a separate account.\nCALIFORNIA AND NEVADA RESIDENTS: Pursuant\nto this Agreement, interest is compounded on unpaid\namounts.\nMARYLAND RESIDENTS: Finance Charges will be\nimposed in amounts or at rates not in excess of those\npermitted by law. You have the right under Section 12-510\nof the Commercial Law Code to receive an answer to a\nwritten inquiry concerning the status of your account.\nNEW JERSEY RESIDENTS: Because certain provisions\nof this Agreement are subject to applicable law, they\nmay be void, unenforceable or inapplicable in some\njurisdictions. None of these provisions, except for clause\n(g) of Section 11, however, is void, unenforceable or\ninapplicable in New Jersey.\n\n10\n\n\x0cOHIO RESIDENTS: The Ohio laws against discrimination\nrequire that all creditors make credit equally available\nto all credit worthy customers, and that credit reporting\nagencies maintain separate histories on each individual\nupon request. The Ohio civil rights commission administers\ncompliance with this law.\nNOTICE TO THE BUYER\n1. DO NOT SIGN THIS CREDIT AGREEMENT BEFORE\nYOU READ IT OR IF IT CONTAINS ANY BLANK\nSPACES.\n2. YOU ARE ENTITLED TO A COMPLETELY FILLED\nIN COPY OF THIS CREDIT AGREEMENT.\n3. YOU MAY AT ANY TIME PAY MORE THAN THE\nMINIMUM PAYMENT, OR YOUR ENTIRE BALANCE\nIN FULL WITHOUT INCURRING ANY ADDITIONAL\nCHARGE FOR PREPAYMENT.\nNEW YORK RESIDENTS: RETAIL INSTALMENT\nCREDIT AGREEMENT CARDHOLDER: Your signature\n(including any electronic or digital signature) on any\nApplication or on any sales slip or other evidence\nof indebtedness on your Account or any action that\nyou may take to begin a transaction represents your\nsignature on this Agreement.\nDEPOSIT AGREEMENT\nThe Terms and Conditions and Truth in Savings Disclosure\nwhich follow below contain the rules which control your\n\xe2\x80\x9cDeposit\xe2\x80\x9d in the \xe2\x80\x9cDeposit Account\xe2\x80\x9d, as those terms are\ndefined in the MasterCard\xc2\xae First Progress Cardholder\nAgreement (\xe2\x80\x9cCardholder Agreement\xe2\x80\x9d) applicable to your\nFirst Progress secured credit card account (the \xe2\x80\x9cSecured\nCredit Card Account\xe2\x80\x9d), and together with any other\ndocuments we give you pertaining to your Deposit, are\na contract that governs your Deposit with us (\xe2\x80\x9cDeposit\nAgreement\xe2\x80\x9d). Please read this carefully. If you sign the\nDeposit Agreement or open or continue to have your\nDeposit or Secured Credit Card Account with us, you\nagree to these rules. If you have any questions, please\ncall us.\nTERMS AND CONDITIONS\nUnless it would be inconsistent to do so, words and\nphrases used in this Deposit Agreement should be\nconstrued so that the singular includes the plural and the\nplural includes the singular. In this Deposit Agreement\n\xe2\x80\x9cwe\xe2\x80\x9d, \xe2\x80\x9cus\xe2\x80\x9d and \xe2\x80\x9cour\xe2\x80\x9d refer to Synovus Bank, Columbus,\nGeorgia.\nYour Deposit will be held in a comingled Deposit Account\nwith us that is FDIC insured to the extent permitted by law.\nThese terms and conditions that apply to your Deposit\nand the Deposit Account are in addition to the terms and\nconditions set forth in your Cardholder Agreement.\nThis Deposit Agreement is subject to applicable federal\nlaws and the laws of the State of Georgia (except to the\nextent that this Deposit Agreement can and does vary\nsuch rules or laws). If any provision of this document is\nfound to be unenforceable according to its terms, all\nremaining provisions will continue in full force and effect.\n\nINTEREST ON DEPOSIT \xe2\x80\x93 Interest will not be paid on\nyour Deposit.\nDEPOSITS \xe2\x80\x93 We will give only provisional credit until\ncollection is final for any items, other than cash, we accept\nfor deposit (including items drawn \xe2\x80\x9con us\xe2\x80\x9d). Deposits must\nbe from a U.S. funding source payable in U.S. Dollars.\nWe are not responsible for transactions by mail or outside\ndepository until we actually record them. We will treat\nand record all transactions received after our \xe2\x80\x9cdaily cutoff\ntime\xe2\x80\x9d on a Business Day we are open, or received on a\nday we are not open for business, as if initiated on the\nnext following Business Day that we are open.\nWITHDRAWALS \xe2\x80\x93 You may not withdraw or transfer funds\nfrom the Deposit Account other than by our refund to you\nof any amounts of your Deposit remaining in the Deposit\nAccount after your Secured Credit Card Account is closed\nand all amounts you owe on that Account or otherwise\nowe under the Cardholder Agreement are paid in full and\nthe time period restrictions provided for in the \xe2\x80\x9cSecurity\nInterest\xe2\x80\x9d section of the Cardholder Agreement have\nbeen satisfied. You are not permitted to initiate electronic\ntransfers to or from the Deposit Account. Each obligor (if\nthere are more than one) (until we receive written notice\nto the contrary) authorizes each other obligor signing\nthe Cardholder Agreement to endorse any item payable\nto an obligor or obligor\xe2\x80\x99s order for deposit to the Deposit\nAccount or any other transaction with us.\nAMENDMENTS AND TERMINATION \xe2\x80\x93 We may change\nany term of this Deposit Agreement at any time by giving\nyou reasonable notice in writing or by any other method\npermitted by law. We may also return your Deposit at any\ntime upon reasonable notice to you and tender of the\nDeposit balance personally or by mail. Notice from us to\nany one of you is notice to all of you.\nSTATEMENTS \xe2\x80\x93 We will not send you statements for the\nDeposit in the Deposit Account.\nACCOUNT TRANSFER \xe2\x80\x93 This account may not be\ntransferred without our prior written consent.\nTRUTH IN SAVINGS DISCLOSURE\nMinimum Balance Requirements\nTo open the account. You must deposit at least $200.00\nto open this account.\n\n11\n\n\x0cTransaction Limitations\nAfter your initial deposit, subsequent deposits into your\nDeposit Account may be made only (i) with our express\napproval and (ii) by paper check mailed to us at the\naddress we specify at the time of approval. A deposit\nwill not be reflected in your Deposit Account until we\nare assured that the deposit has not been dishonored.\nThis payment hold may take up to ten (10) days. You\nmay not withdraw or transfer funds from the Deposit\nAccount other than by our refund to you of any amounts\nof your Deposit remaining in the Deposit Account, after\nyour Secured Credit Card Account is closed and all\namounts you owe on that Account or otherwise owe\nunder the Cardholder Agreement are paid in full and\nthe time period restrictions provided for in the \xe2\x80\x9cSecurity\nInterest\xe2\x80\x9d section of the Cardholder Agreement have\nbeen satisfied. You are not permitted to initiate electronic\ntransfers to or from the Deposit Account.\n\n12\n\n\x0c'


b'SYNOVUS CASH REWARDS VISA\xc2\xae SUMMARY OF CREDIT TERMS\nInterest Rates and Interest Charges\n\nAnnual Percentage Rate (APR) for Purchases\n\n0.00% introductory APR for the first six (6) months.\nAfter that, your APR will be: 9.24%, 12.24%, 15.24%, or 21.24% based on your\ncredit worthiness and other factors.\nThis APR will vary with the market based on the Prime Rate.\n\nAPR for Balance Transfers and\nOverdraft Protection Transactions\n\nAPR for Cash Advances\n\n0.00% introductory APR for the first six (6) months.\nAfter that, your APR will be: 9.24%, 12.24%, 15.24%, or 21.24% based on your\n\ncredit worthiness and other factors.\nThis APR will vary with the market based on the Prime Rate.\n\n24.24% (except on overdraft protection transactions)\nThis APR will vary with the market based on the Prime Rate.\n\nHow to Avoid Paying Interest on Purchases\n\nYour due date is at least 25 days after the close of each billing cycle. We will not charge you\ninterest on purchases if you pay your entire balance by the due date of each month.\n\nMinimum Interest Charge\n\nNone\n\nFor Credit Card Tips from the Consumer\nFinancial Protection Bureau\n\nTo learn more about factors to consider when applying for or using a credit card, visit the website\nof the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore\n\nFees\nAnnual Fee\nTransaction Fees\n\xe2\x80\xa2 Cash Advance\n\nNone\nEither $10 or 4% of the amount of each cash advance, whichever is greater (except on\noverdraft protection transactions.)\nEither $15 or the amount of the overdraft protection transaction, whichever is less, on each\noverdraft protection transaction.\n\n\xe2\x80\xa2 Foreign Transaction\nPenalty Fees\n\xe2\x80\xa2 Late Payment\n\xe2\x80\xa2 Returned Payment\n\n3% of each transaction (includes transactions made in U.S. dollars and cross border\ntransactions)\nUp to $35\nUp to $25\n\nHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9caverage daily balance (including new purchases).\xe2\x80\x9d\nThe variable APRs shown above are those in effect as of March 31, 2020. This information may have changed after that date. To find out what may have changed, please call us at\n1-888-SYNOVUS (796-6887) or write to us at Card Services, 1111 Bay Avenue, Columbus, Georgia 31901.\nBalance transfers will be applied to your account and sent to your designated payee(s) no earlier than 10 days after your account is opened and we have mailed you the account opening\ndisclosures. Until we have sent the balance transfer to your designated payee, you may cancel or modify your balance transfer request by calling the number on the back of your card.\n\n3-31-20\n\n\x0c'


b'SYNOVUS REWARDS VISA\xc2\xae SUMMARY OF CREDIT TERMS\nInterest Rates and Interest Charges\n\nAnnual Percentage Rate (APR) for Purchases\n\n0.00% introductory APR for the first six (6) months.\nAfter that, your APR will be: 9.24%, 12.24%, 15.24%, or 21.24% based on your\ncredit worthiness and other factors.\nThis APR will vary with the market based on the Prime Rate.\n\nAPR for Balance Transfers and\nOverdraft Protection Transactions\n\nAPR for Cash Advances\n\n0.00% introductory APR for the first six (6) months.\nAfter that, your APR will be: 9.24%, 12.24%, 15.24%, or 21.24% based on your\ncredit worthiness and other factors.\nThis APR will vary with the market based on the Prime Rate.\n24.24% (except on overdraft protection transactions)\n\nThis APR will vary with the market based on the Prime Rate.\n\nHow to Avoid Paying Interest on Purchases\n\nYour due date is at least 25 days after the close of each billing cycle. We will not charge you\ninterest on purchases if you pay your entire balance by the due date of each month.\n\nMinimum Interest Charge\n\nNone\n\nFor Credit Card Tips from the Consumer\nFinancial Protection Bureau\n\nTo learn more about factors to consider when applying for or using a credit card, visit the website\nof the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore\n\nFees\nAnnual Fee\nTransaction Fees\n\xe2\x80\xa2 Cash Advance\n\nNone\nEither $10 or 4% of the amount of each cash advance, whichever is greater (except on\noverdraft protection transactions.)\nEither $15 or the amount of the overdraft protection transaction, whichever is less, on each\noverdraft protection transaction.\n\n\xe2\x80\xa2 Foreign Transaction\nPenalty Fees\n\xe2\x80\xa2 Late Payment\n\xe2\x80\xa2 Returned Payment\n\n3% of each transaction (includes transactions made in U.S. dollars and cross border\ntransactions)\nUp to $35\nUp to $25\n\nHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9caverage daily balance (including new purchases).\xe2\x80\x9d\nThe variable APRs shown above are those in effect as of March 31, 2020. This information may have changed after that date. To find out what may have changed, please call us at\n1-888-SYNOVUS (796-6887) or write to us at Card Services, 1111 Bay Avenue, Columbus, Georgia 31901.\nBalance transfers will be applied to your account and sent to your designated payee(s) no earlier than 10 days after your account is opened and we have mailed you the account opening\ndisclosures. Until we have sent the balance transfer to your designated payee, you may cancel or modify your balance transfer request by calling the number on the back of your card.\n\n3-31-20\n\n\x0c'