b'Milestone\xc2\xae Gold Mastercard\xc2\xae Account\nThe Bank of Missouri\n\nM-133849\n\nInterest Rates and Interest Charges\nAnnual Percentage Rate (APR)\nfor Purchases\n\n24.90%\n\nAPR for Cash Advances\n\n29.90%\n\nPenalty APR and When It\nApplies\n\nNone.\n\nPaying Interest\n\nYour due date is at least 25 days after the close of each billing cycle. We will not charge\nyou any interest on purchases if you pay your entire balance by the due date each\nmonth. We will begin charging interest on cash advances on the transaction date.\n\nMinimum Interest Charge\n\nIf you are charged interest, the charge will be no less than $1.00.\n\nFor Credit Card Tips from the\nConsumer Financial Protection\nBureau\n\nTo learn more about factors to consider when applying for or using a credit card, visit\nthe website of the Consumer Financial Protection Bureau at\nhttp://www.consumerfinance.gov/learnmore.\n\nFees\nSet Up and Maintenance Fees\n\nNOTICE: Some of these set up and maintenance fees will be assessed before you begin\nusing your card and will reduce the amount of credit you initially have available. Based\non the credit line of $300, your initial available credit will be only about $265.\nYou may reject this plan, provided that you have not yet used the account or paid a fee\nafter receiving a billing statement. If you do reject this plan, you are not responsible for\nany fees or charges.\n\n\xe2\x80\xa2 Annual Fee\n\n$35 the first year; $35 thereafter\n\nTransaction Fees\n\xe2\x80\xa2 Cash Advance Fee\n\n$5 or 5% of the amount of each transaction, whichever is greater (not to exceed $100)\n\n\xe2\x80\xa2 Foreign Transaction Fee\n\n1% of each transaction in U.S. dollars\n\nPenalty Fees\n\xe2\x80\xa2 Late Payment Fee\n\nUp to $40\n\n\xe2\x80\xa2 Overlimit Fee\n\nUp to $40\n\n\xe2\x80\xa2 Returned Payment Fee\n\nUp to $40\n\nHow We Calculate Your Balance: We use a method called \xe2\x80\x9caverage daily balance (including new purchases)\xe2\x80\x9d. See your\nCardholder Agreement for more details.\nBilling Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your\nCardholder Agreement.\n\n\x0cMilestone\xc2\xae Gold Mastercard\xc2\xae Cardholder Agreement\n\nM-133497\n\nDear Cardholder:\nThis Agreement, as defined below, is your contract for your Account and:\n\xef\x82\xb7 Covers the terms that govern the use of your Account;\n\xef\x82\xb7 Outlines both your responsibilities and ours;\n\xef\x82\xb7 Includes certain disclosures required by the Federal Truth in Lending Act;\n\xef\x82\xb7 Includes certain disclosures required by the Federal Military Lending Act;\n\xef\x82\xb7 Includes an Arbitration of Disputes Provision that will substantially affect your rights unless you reject it; and\n\xef\x82\xb7 Contains important information about your Account.\nWe encourage you to read the Agreement and keep it for your records. Please feel free to call us with any questions\nyou may have. We look forward to serving you.\n\nCARDHOLDER AGREEMENT\nThis Agreement contains the terms that govern the use of your Milestone Gold Mastercard Account and outlines both\nyour responsibilities and ours. Please read it in its entirety and keep it for your reference. In addition, any written\napplication, acceptance certificate or other request you signed or otherwise submitted for this Account (the\n\xe2\x80\x9cApplication\xe2\x80\x9d), your Card and the Card Carrier that we send with your Card, and your signature (including any electronic\nor digital signature) on any Application, sales slip or other evidence of indebtedness on your Account, are hereby\nincorporated into and made a part of this Agreement. This Agreement begins on the earlier of (i) the date you sign or\notherwise submit an Application that is approved by us, or (ii) the first date that we extend credit to you on your Account,\nas evidenced by a signed sales slip or memorandum, a Cash Advance transaction, or otherwise.\nDefinitions. To simplify this Agreement for you, the definitions listed below will apply throughout, both in this Agreement\nand in your monthly Statements. In addition, the words you, your, and yours refer to the Cardholder(s) who holds the Card\nand is responsible for the Account, each of whom is individually and jointly obligated under this Agreement. The words\nwe, us, and our refer to The Bank of Missouri.\nAccount: The credit card account for which you were issued a Card imprinted with your Account number and that is subject\nto all of the terms and conditions of this Agreement.\nATM: Automated Teller Machine.\nBilling Cycle: The time interval covered by a monthly Statement. Each Billing Cycle is approximately 30 days in length;\nhowever, the specific period of time is described on each monthly Statement. Your Account will have a Billing Cycle even\nif a Statement is not required.\nCard: Any Milestone Gold Mastercard issued by us that you may use to obtain a Cash Advance, make Purchases, or lease\ngoods or services on credit. Use of your Account number to obtain credit will be considered a use of the Card.\nCard Carrier: The carrier that contains your Card.\nCardholder: The person to whom a Card is issued, or who has agreed to pay obligations arising from a Card issued to\nanother person.\nCash Advance: Credit extended to you in the form of a cash loan through any financial institution honoring the Card either\npresented directly or through any other credit instrument, check, device, overdraft coverage plan or ATM that we make\navailable to you or that you use. All cash equivalent transactions will be treated as Cash Advances and will be billed to the\nCash Advance segment of your Account. Transactions that we view as \xe2\x80\x9ccash equivalent transactions\xe2\x80\x9d include without\nlimitation using your Card to purchase wire transfer money orders, bets, lottery tickets, casino gaming chips, and other\nsimilar products and services.\nClosing Date: The date of the last day of a Billing Cycle.\nCredit Limit: The maximum amount of credit available to you on your Account. Your Credit Limit will be disclosed on your\nCard Carrier and your monthly Statements.\n\n\x0cPurchase: Any extension of credit to your Account for the purpose of purchasing or leasing goods or services from\nparticipating merchants.\nStatement: A monthly document we provide to you showing Account information including, among other things, Purchase\nand Cash Advance transactions, credits and debits, payments, fees, and interest charges made to your Account during a\nBilling Cycle.\nPurchases and Cash Advances. You may use your Card to purchase or lease goods or services from participating\nmerchants. You may also use your Card to obtain Cash Advances from your Account at an ATM, or by presenting it to any\ninstitution that accepts the Card for that purpose. There are dollar limitations on individual Cash Advance transactions,\nand we may set a Cash Advance Limit for your Account. Please contact us for information about the Cash Advance\nlimitations that apply to your Account. In addition, we may limit your Account to only one Cash Advance transaction per\nday.\nYou promise to pay us and are liable for all amounts resulting from the authorized use of your Card or Account, plus any\napplicable interest charges and other applicable charges or fees, payable in U.S. dollars. This includes amounts where you\ndid not sign a purchase slip or other documents for the transaction. If you use your Account number without presenting\nyour actual Card, such as for mail, telephone, or internet purchases, this will be treated the same way as if you presented\nyour Card. Your promise to pay us will apply to your estate if you die.\nWe may limit and restrict the use of the Account/Card at our discretion. Such limitations and restrictions include, but are\nnot limited to, gambling transactions, which include, but are not limited to, internet-related lottery tickets, casino\ngambling chips, off-track betting and wagers at racetracks. You remain responsible for use of your Account/Card in any\nsuch transactions.\nThe Card may only be used for valid and lawful purposes. If you use, or you authorize someone else to use, the Card or\nAccount for an unlawful or impermissible purpose, you will be responsible for such use and may be required to reimburse\nus or Mastercard for any amounts or expenses we or they incur as a result of such use.\nThe Card is and remains our property, and you will surrender it to us at any time upon request.\nYour Credit Limit. You may not use your Account in any way that would cause you to go over your Credit Limit. We may\nrefuse to authorize or accept any transaction on your Account that would cause you to exceed your Credit Limit, even if\nyou have authorized us to charge you an Overlimit Fee for doing so. We may temporarily agree to allow you to exceed\nyour Credit Limit; however, in that case you must repay the excess amount according to the terms of this Agreement. Any\ntransactions honored in excess of your Credit Limit will not result in an increase of your Credit Limit. We may at any time\nand without prior notice to you increase or decrease your Credit Limit, limit the Credit Limit for Cash Advances or take\naway your ability to obtain Cash Advances.\nMAKING PAYMENTS\nMonthly Statements. We will send a Statement at the end of each monthly Billing Cycle if there is a debit or credit balance\non your account of $1 or more, a balance on which an interest charge has been imposed, or as otherwise required by\napplicable law. You agree to pay us, or any party to whom we may transfer and assign your Account or the amounts owing\nunder your Account, in U.S. dollars according to all terms and conditions of this Agreement. Payments made by a check,\nmoney order or other negotiable instrument must be in a form acceptable to us and drawn on a U.S. financial institution.\nMonthly Minimum Payment. The Monthly Minimum Payment is 7% of your New Balance or $40 whichever is greater,\nrounded to nearest dollar. If you elect not to pay your New Balance in full, you must pay at least the Monthly Minimum\nPayment by the Payment Due Date shown on your Statement, which is at least 25 days after the Closing Date of the Billing\nCycle. Your Monthly Minimum Payment also will include any past due amounts. If your New Balance is less than or equal\nto your Monthly Minimum Payment, then your Monthly Minimum Payment will be equal to your New Balance.\nPayments should be mailed with the payment coupon and in the envelope provided and following the other instructions\non the Statement to Genesis FS Card Services, P.O. Box 84059, Columbus, GA 31908-4059. Any payment received in that\nform and at that address on or before 5:00 P.M., Eastern Time, on a normal banking day will be credited to your Account\nthat day. If your payment is received in that form and at that address after 5:00 P.M., Eastern Time, on a normal banking\nday, or any time on a non-banking day, we will credit it to your Account the next banking day. However, if your Payment\nDue Date occurs on a non-banking day, any payment received the next day which conforms to the above requirements\n\n\x0cwill not be treated as late. Please allow at least seven (7) business days for postal delivery. Payments received by us at any\nother location or in any other form may not be credited as of the day we receive them.\nIf we accept a payment at a place other than the address in the immediately preceding paragraph, we may delay the\ncrediting of the payment for up to five (5) days. This may cause you to incur Late Fees and additional interest charges, and\nmay result in your Account being declared in default.\nWe do not accept cash payments through the mail. You may not make payments with funds from your Account or any\nother credit account issued by us.\nWhen you provide a check as payment, you authorize us either to use information from your check to make a one-time\nelectronic fund transfer from your account or to process the payment as a check transaction. When we use information\nfrom your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day\nwe receive your payment and you will not receive your check back from your financial institution.\nAt any time, you may pay part or all of the full amount you owe without incurring any additional charge for prepayment.\nThe amount of any payment that exceeds your total New Balance will be applied as a credit to your Account, and any\nremaining credit balance will be refunded as required by law.\nCredit availability may be delayed at our sole discretion to ensure payment in good funds. Your available credit on your\nCredit Limit may not reflect your payments for up to 14 days.\nApplication of Payments. For each Billing Cycle, payments up to the amount of your Monthly Minimum Payment will be\nallocated in any way we determine, including to balances with lower Annual Percentage Rates before balances with higher\nAnnual Percentage Rates. We will generally apply payments up to the amount of your Monthly Minimum Payment in a\nmanner most favorable or convenient for us.\nFor each Billing Cycle, to the extent your payments exceed your Monthly Minimum Payment, we will apply these excess\namounts in the order required by applicable law.\nHOW INTEREST CHARGES ARE DETERMINED\nYour interest charge for any Billing Cycle will include the following components, the total of which constitutes your total\ninterest charge for the Billing Cycle:\n1. A Cash Advance Transaction Fee imposed on each Cash Advance transaction posted during a Billing Cycle, in an\namount equal to the greater of $5 or 5% of the amount of each Cash Advance, not to exceed $100. Any unpaid\nCash Advance Transaction Fee will be added to the calculation of your Average Daily Balance of Cash Advances.\n2. Periodic interest charge computed by applying the applicable Monthly Periodic Rate or Rates, determined as\nprovided below under Computing the Purchase and Cash Advance Balance Monthly Periodic Rates and\nCorresponding Annual Percentage Rates (APR) to:\na. your Average Daily Balance of Cash Advances (including new Cash Advances); and\nb. your Average Daily Balance of Purchases (including new Purchases).\nHowever, if the total of the amounts so computed is an amount less than $1, then a Minimum Interest Charge Fee\nof $1 will be imposed instead of such smaller amounts.\n3. A Foreign Currency Conversion Fee in an amount equal to 1% of the converted U.S. dollar amount of each\ntransaction, including Cash Advances and Purchases, that is effected in any currency other than U.S. dollars.\nWhen Interest Charges Begin to Accrue. Interest charges on Purchases will be imposed at the applicable Monthly Periodic\nRate from the date each Purchase is made, and will continue to accrue on unpaid balances as long as they remain unpaid.\nHowever, we do not assess interest charges in the following circumstances:\n1. If you paid the New Balance at the beginning of your previous Billing Cycle by the Payment Due Date during the\nprevious Billing Cycle, or if that New Balance was $0 or a credit balance, then:\na. if you pay the New Balance on your current Statement in full by the Payment Due Date in your current\nBilling Cycle, we will not assess interest charges on Purchases during your current Billing Cycle; and\nb. if you make a payment that is less than the New Balance by the Payment Due Date in your current Billing\nCycle, we will credit that payment as of the first day in your current Billing Cycle.\n2. If you had a New Balance at the beginning of your previous Billing Cycle and you did not pay that New Balance by\nthe Payment Due Date during that previous Billing Cycle, then we will not assess interest charges on any Purchases\n\n\x0cduring the current Billing Cycle if you pay the New Balance at the beginning of your current Billing Cycle by the\nPayment Due Date in your current Billing Cycle.\nPeriodic interest charges on Cash Advances will be imposed at the applicable Monthly Periodic Rate from the date each\nCash Advance is made and will continue to accrue on unpaid balances as long as they remain unpaid. There is no grace\nperiod on Cash Advances and there is no period within which to pay to avoid interest charges on Cash Advances.\nCalculating the Purchase and Cash Advance Balance Subject to Interest Charges\nAverage Daily Balance of Purchases (including new Purchases): To get the Average Daily Balance of Purchases, we take\nthe beginning Purchase balance of your Account each day, including unpaid fees, interest charges on Purchases and\nForeign Currency Conversion Fees on Purchases, add any new Purchases and new fees as of the date of transaction, and\nsubtract the applicable portion of any payments and credits as of the transaction date. On the first day of a Billing Cycle,\nwe also add any unpaid Late Fees and Overlimit Fees. This gives us the daily balance for Purchases. Then we add all these\ndaily balances for the Billing Cycle together and divide the total by the number of days in the Billing Cycle. This gives us\nthe Average Daily Balance of Purchases.\nAverage Daily Balance of Cash Advances (including new Cash Advances): To get the Average Daily Balance of Cash\nAdvances, we take the beginning Cash Advance balance of your Account each day, including unpaid interest charges on\nCash Advances and Foreign Currency Conversion Fees on Cash Advances, add any new Cash Advances as of the date of\ntransaction, add the Cash Advance Transaction Fee on any Cash Advances as of the transaction date of each Cash Advance,\nand subtract the applicable portion of any payments and credits as of the transaction date. This gives us the daily balance\nfor Cash Advances. Then we add all these daily balances for the Billing Cycle together and divide the total by the number\nof days in the Billing Cycle. This gives us the Average Daily Balance of Cash Advances.\nComputing the Purchase and Cash Advance Balance Monthly Periodic Rates and Corresponding Annual Percentage\nRates (APR)\nMonthly Periodic Rates: The Monthly Periodic Rate is calculated by dividing the APR by 12. The Purchase APR is 24.9%\nand the standard Monthly Periodic Rate for Purchases is 2.075%. The Cash Advance APR is 29.9% and the Monthly Periodic\nRate for Cash Advances is 2.492%.\nOTHER FEES\nIn addition to interest charges, a variety of fees may be applied to your Account, as set forth below.\nAnnual Fee. We will charge an initial Annual Fee of $35 to your Account on or about the date your Account is opened and\nthen a renewal Annual Fee of $35 on or about each anniversary of that date. The initial Annual Fee is nonrefundable; the\nrenewal Annual Fee is also nonrefundable unless you notify us to cancel your Account within 30 days from the mailing\ndate of the billing Statement or other communication containing the renewal Annual Fee notice.\nLate Fee. If we do not receive your Monthly Minimum Payment by the Closing Date of the Billing Cycle in which the\nPayment Due Date occurs and the amount past due on your Account is more than $9.99, we will charge a Late Fee to your\nAccount. The Late Fee is $29 if you were not charged a Late Fee during any of the prior six Billing Cycles. Otherwise, the\nLate Fee is $40. The Late Fee will never exceed the amount of your most recently required Monthly Minimum Payment.\nMinimum Interest Charge Fee. If the periodic interest charge amounts computed in the How Interest Charges Are\nDetermined section are an amount less than $1, then a Minimum Interest Charge Fee of $1 will be charged instead of\nsuch smaller amounts and will be treated as a fee on your billing statement and added to your Purchases at our discretion.\nReturned Payment Fee. If any payment on your Account is returned to us unpaid for any reason, we will charge a Returned\nPayment Fee to your Account. The Returned Payment Fee is $29 if you were not charged a Returned Payment Fee during\nany of the prior six Billing Cycles. Otherwise, the Returned Payment Fee is $40. The Returned Payment Fee will never\nexceed the amount of your most recently required Monthly Minimum Payment.\nOverlimit Fee. If you elected to have overlimit coverage, we may charge an Overlimit Fee when a transaction causes you\nto go over or remain over your Credit Limit during any Billing Cycle. We may also charge you two additional Overlimit Fees\nif your New Balance remains over your Credit Limit as of the Payment Due Date in future Billing Cycles. We will only charge\nyou one Overlimit Fee per Billing Cycle, even if you go over your Credit Limit multiple times in the same Billing Cycle. The\nOverlimit Fee is $29 if you were not charged an Overlimit Fee during any of the prior six Billing Cycles. Otherwise, the\n\n\x0cOverlimit Fee is $40. The Overlimit Fee will never exceed the maximum amount you are over your Credit Limit during the\nBilling Cycle.\nDocumentation Fee. You may request a copy of a Statement previously sent to you for a Documentation Fee of $3 per\nStatement, which will be applied to your Account. Copies of sales tickets or other items posted to your Account may be\nobtained for a Documentation Fee of $10 per sales ticket or other item, which will be applied to your Account.\nNotwithstanding the foregoing, we will not impose any fee in connection with a good faith assertion of a billing error or\nother exercise of your Billing Rights (see below under \xe2\x80\x9cYour Billing Rights - Keep This Notice for Future Use\xe2\x80\x9d).\nMILITARY LENDING ACT\nThe Military Lending Act provides protections for Covered Borrowers. The provisions of this section apply to Covered\nBorrowers. If you would like more information about whether you are a Covered Borrower, you may contact us at 1-800305-0330.\nStatement of MAPR. Federal law provides important protections to members of the Armed Forces and their dependents\nrelating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and\nhis or her dependent may not exceed an Annual Percentage Rate of 36%. This rate must include, as applicable to the\ncredit transaction or account: (1) the costs associated with credit insurance premiums; (2) fees for ancillary products sold\nin connection with the credit transaction; (3) any application fee charged (other than certain application fees for specified\ncredit transactions or accounts); and (4) any participation fee charged (other than certain participation fees for a credit\ncard account).\nOral Disclosures. In order to hear important disclosures and payment information about this Agreement, you may call 1800-290-6421.\nApplicability of Arbitration of Disputes Provision. The Arbitration of Disputes Provision set forth in this Agreement does\nnot apply to Covered Borrowers.\nLOST CARDS AND UNAUTHORIZED USE\nYou will take reasonable steps to prevent the unauthorized use of your Card and Account. If your Card is lost or stolen or\nif someone else might be using it without your permission, you must tell us at once. You may tell us by calling the telephone\nnumber on the back of your Card or on your Statement or by writing us at the address on your Statement. You will not be\nresponsible for the charges made to your Account that are found by us to be unauthorized. If we reimburse your Account\nfor unauthorized charges made using your Card or Account, you will help us investigate, pursue, and get reimbursement\nfrom the wrongdoer. Your help includes giving us documents that we ask for and are acceptable to us.\nCOMMUNICATIONS\nTelephone Monitoring and Recording; Communications. You consent and agree that, except as restricted by applicable\nlaw, we may monitor and/or record telephone calls regarding your Account, suppress caller identification services, use\nprerecorded messages, and use an automated telephone dialing and announcing system. You expressly consent that we\nand our agents, any servicer, or any subsequent owner of your Account may (i) contact you at any cellular telephone\nnumber that you provided as part of your application, at any number that you later provide (including, without limitation,\nafter your Account is in a default status), or at any other number that is identified as related to you, including by text\nmessage, and (ii) use automated telephone dialing systems to initiate such contacts and/or leave recorded messages.\nIf you provide us at any time with an email contact for your Account, you agree we may use that email address to contact\nyou about your Account and may send you information about products and services related to your Account.\nWe or our representatives may contact you from time to time regarding the Account, or to ask for additional information\nabout you or your experience with us. You agree that such contacts are not unsolicited and may include contacts at your\nhome or place of employment, during weekdays, weekends or holidays, on your mobile telephone, voicemail or answering\nmachine, or by email, fax, recorded message, text message or personal visit.\nHow to Revoke Consent for Future Communications: If you want to revoke your consent to future communications as\ndescribed in the previous paragraph, you must send us a written notice that includes: (i) your name, mailing address, and\nAccount number(s); (ii) the specific telephone number(s), email address(es) and/or mailing address(es) at which you no\nlonger wish us to contact you, and (iii) the types of communications (telephone, text, email, and/or mail) for which you\n\n\x0care revoking consent. You must send this written notice to: Genesis FS Card Services, P.O. Box 4477, Beaverton, OR 97076.\nYou understand and agree that it may take up to three business days after receipt of your written notice to process your\nrequest, and that you consent to continued communications during this period of time.\nOUR RIGHTS AND HOW THEY AFFECT YOU\nMerchant Refunds. If a merchant agrees to give you a refund for goods or services purchased with your Card or Account,\nyou will accept a credit on your Account instead of a cash refund. We do not control when a merchant sends us your\nrefund and we will have a reasonable amount of time after we receive your refund to process it.\nNo Waiver of Rights; Disputed Amounts. We can accept late or partial payments without losing any of our rights under\nthis Agreement. You agree not to send us partial payments marked \xe2\x80\x9cpaid in full,\xe2\x80\x9d \xe2\x80\x9cwithout recourse,\xe2\x80\x9d or similar\nlanguage. If you send such a payment, we may accept it without losing any of our rights under this Agreement. All\nwritten communications concerning disputed amounts, including any check or other payment instrument that indicated\nthat the payment constitutes \xe2\x80\x9cpayment in full\xe2\x80\x9d of the amount owed or that is tendered with other conditions or\nlimitations or as full satisfaction of a disputed amount, must be mailed or delivered to Genesis FS Card Services, P.O.\nBox 4499, Beaverton, Oregon 97076.\nCredit Reports and Information. You authorize us to make or have made any credit, employment, or other investigative\ninquiries we deem appropriate to extend you credit or collect amounts owed to us on your Account. We (including any\nassignee of the Account or amounts owing under the Account) may also obtain information about you from credit\nreporting agencies or others at any time and use it for the purposes of monitoring your credit performance, managing\nyour Account and considering you for new offers and programs.\nNotice of Inaccurate Information. If you believe that we have information about you that is inaccurate or that we have\nreported or may report to a credit reporting agency information about you that is inaccurate, please notify us of the\nspecific information that you believe is inaccurate by writing to us at Genesis FS Card Services, P.O. Box 4499, Beaverton,\nOR 97076.\nDefault and Collection. Unless prohibited by applicable law, your Account is considered to be in default if (1) you fail to\nmake the required Monthly Minimum Payment on or before the Payment Due Date, including if your payment is returned\nor cannot be processed and you do not correct that failure within 31 days, (2) you try to exceed or do exceed your Credit\nLimit without permission and do not bring your Account back under your Credit Limit within 31 days, (3) you become\nsubject to bankruptcy or insolvency proceedings, (4) you become subject to attachment or garnishment proceedings, (5)\nyou give us any false information or signature, (6) you die, or (7) you fail to comply with any portion of this Agreement.\nOur accepting a late or partial payment does not waive default. Default on this Account will constitute default on all\naccounts you hold with us. Subject to any notice of default and right to cure or other restrictions of applicable law, if you\nare in default, we may declare the entire balance due immediately. You agree to pay our reasonable costs and attorneys\xe2\x80\x99\nfees and expenses related to the collection of your Account, and retrieving your Card, to the extent permitted by applicable\nlaws.\nChange of Terms. Subject to the limitations of applicable law, we may, at any time, change or remove any of the terms\nand conditions of, or add new terms or conditions to, this Agreement. If required by applicable law, we will mail written\nnotice of such a change to you in the manner required by such law. As of the effective date, the changed or new terms\nwill apply to new Purchases and Cash Advances and also to the outstanding balance of your Account, subject to the\nlimitations of applicable law.\nDelay in Enforcement. We can delay enforcing our rights under this Agreement without losing them.\nOTHER PROVISIONS\nOwnership and Use of Your Card. As the Cardholder, you are liable for all credit obtained under your Account. If you\nauthorize another person to use your Card, you are liable for any credit obtained on your Account for as long as that\nperson holds the Card. In addition, you will remain liable until you recover possession of the Card. Misuse of your Card by\nan authorized person will not be considered unauthorized use. See \xe2\x80\x9cLost Cards and Unauthorized Use\xe2\x80\x9d above. Upon\ndemand, you must immediately return any Card we supply to you or destroy the Card by cutting it in half.\n\n\x0cTransactions. You will retain for Statement verification your copy of each Purchase slip, Cash Advance or other transaction\nto your Account.\nTransfer of Your Account. You may not transfer your Account to any other person. We may assign your Account or\namounts owing under your Account to any other person at any time and the assignee will take our place under the\nAgreement with respect to all agreements and interests transferred. You must pay the assignee and otherwise perform\nyour obligations under the assigned agreements and interests.\nClosing or Suspending Your Account. We may close or suspend your Account or your ability to obtain credit on your\nAccount, or both, at any time, for any reason permitted by law and with or without advance notice.\nYou may close your Account at any time by contacting us. The closure of Account will not become effective until you have\nreturned to us all of the Cards we have given you. If you have a joint Account and want to remove one of the names from\nthe Account, we must receive a written request signed by both of the Cardholders on the Account and all Cards must be\nreturned upon request. No party is released from the obligation for the balance owing on a joint Account, unless we agree\nto the arrangements in writing. You may have to reapply for a new Card for an individual Account when you request a\nchange from a joint Account to an individual Account.\nIf your Account is closed or suspended for any reason, you must stop using your Card. You must also cancel all billing\narrangements to the Account. We will not do this for you. If we close or permanently suspend your Account, you must\nalso return all Cards to us. You must still pay us all amounts you owe on the Account, even if they are charged after your\nAccount is closed or suspended.\nAdditional Benefits and Services. From time to time, we may offer you benefits and services with your Account. These\nbenefits and services may be provided by us or third parties. Unless expressly made a part of this Agreement, and except\nas provided in the Arbitration of Disputes section below, any such benefits and services are not a part of this Agreement,\nand are subject only to the terms and conditions outlined in the benefits or services brochure and other official documents\nprovided to you with respect to the benefits and services. We may adjust, add, or delete benefits or services at any time\nin accordance with the brochures or documents you receive. Except as required by applicable law, we are not liable for\nbenefits or services provided by third parties or the actions or omissions of those third parties.\nForeign Currency Conversion. Payment must be made in U.S. Dollars for charges you incur in any other currency. If you\neffect a transaction with your Card in a currency other than U.S. Dollars, Mastercard International Incorporated\n(\xe2\x80\x9cMastercard\xe2\x80\x9d) will convert the charge into a U.S. Dollar amount. Mastercard will act in accordance with its operating\nregulations or conversion procedures in effect at the time that the transaction is processed. Currently, the currency\nconversion rate used by Mastercard to determine the transaction amount in U.S. Dollars for such transactions is generally\neither a government mandated rate or a wholesale rate determined by Mastercard for the processing cycle in which the\ntransaction is processed. The currency conversion rate used by Mastercard on the processing date may differ from the\nrate that would have been used on the Purchase date or monthly Statement posting date. We will also assess a Foreign\nCurrency Conversion Fee interest charge as described in the \xe2\x80\x9cHow Interest Charges are Determined\xe2\x80\x9d section.\nHonoring Your Card. We are not responsible if anyone refuses to accept your Card or Account for any reason. Although\nyou may have credit available, we may decline any transaction for any reason. We are not liable for any refusal to honor\nyour Card or Account.\nFrom time to time, due to circumstances beyond our control (such as system failures, natural disasters, or other\nunpredictable events), our services may not be available. When this happens, you may be unable to use your Card or\nobtain information about your Account. We will not be responsible or liable if this happens.\nChange of Address, Employment and Telephone. We will send all written notices and Statements to your address as it\nappears on our records. To avoid delays and missed payments that could affect your credit standing, you agree to promptly\nadvise us if you change your mailing address, place of employment, or telephone number.\nSeverability. In the event that any provision of this Agreement is determined to be invalid or unenforceable for any reason,\nthe remaining provisions will remain in effect.\nEntire Agreement; Interpretation. This Agreement (including other documents incorporated herein by reference)\nconstitutes the final expression of the credit agreement between you and us relating to your Account. The headings used\n\n\x0cin this Agreement are for the convenience of reference only and are not intended to define or describe the scope or intent\nof any portion of the Agreement.\nGoverning Law. This Agreement is controlled and governed by the laws of the State of Missouri, including Missouri Revised\nStatutes (Chapter 408 Legal Tender and Interest) Section 408.145, except to the extent that such laws are inconsistent\nwith controlling federal laws.\nArbitration of Disputes Provision. PLEASE READ THIS ARBITRATION OF DISPUTES PROVISION CAREFULLY. UNLESS YOU\nSEND US THE REJECTION NOTICE DESCRIBED BELOW, THIS PROVISION WILL APPLY TO YOUR ACCOUNT, AND MOST\nDISPUTES BETWEEN YOU, ON THE ONE HAND, AND US OR ANY SERVICER OF YOUR ACCOUNT, INCLUDING, BUT NOT\nLIMITED TO, GENESIS FS CARD SERVICES, INC. (\xe2\x80\x9cGENESIS\xe2\x80\x9d), ON THE OTHER HAND, WILL BE SUBJECT TO INDIVIDUAL\nARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL\nNOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE;\nAND (4) APPEAL RIGHTS WILL BE LIMITED. THIS ARBITRATION OF DISPUTES PROVISION DOES NOT APPLY TO YOU IF, AS\nOF THE DATE OF THIS AGREEMENT, YOU ARE A MEMBER OF THE ARMED FORCES OR A DEPENDENT OF SUCH MEMBER\nENTITLED TO PROTECTION UNDER THE FEDERAL MILITARY LENDING ACT. PLEASE SEE THE SECTION OF THIS AGREEMENT\nLABELED \xe2\x80\x9cMILITARY LENDING ACT.\xe2\x80\x9d IF YOU WOULD LIKE MORE INFORMATION ABOUT WHETHER YOU ARE ENTITLED TO\nPROTECTION UNDER THE FEDERAL MILITARY LENDING ACT, YOU MAY CONTACT US AT 1-800-305-0330.\nThis provision replaces any existing arbitration provision with us and will stay in force no matter what happens to your\nAccount, including the closing of your Account. Except as expressly provided below, you must arbitrate individually, by\nbinding arbitration under the Federal Arbitration Act (\xe2\x80\x9cFAA\xe2\x80\x9d), any dispute or claim between you, any joint Cardholder\nand/or Authorized User, on the one hand, and us , our affiliates, and agents, and/or any servicer of your Account, including,\nbut not limited to, Genesis, on the other hand, if the dispute or claim arises out of or is related to (a) this Agreement\n(including without limitation, any dispute over the validity of this Agreement to arbitrate disputes or of this entire\nAgreement), or (b) your Account, or (c) any relationship resulting from this Agreement, or (d) any insurance or other\nservice related to your Account, or (e) any other agreement related to your Account (including prior agreements) or any\nsuch service, or (f) breach of this Agreement or any other such agreement, whether based on statute, contract, tort or any\nother legal theory (any \xe2\x80\x9cClaim\xe2\x80\x9d). However, we will not require you to arbitrate any individual Claims in small claims court\nor your state\xe2\x80\x99s equivalent court, so long as it remains an individual case in that court.\nYOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US OR\nANY SERVICER OF YOUR ACCOUNT, INCLUDING, BUT NOT LIMITED TO, GENESIS, IN COURT OR ARBITRATION. ALSO, YOU\nMAY NOT BRING CLAIMS AGAINST US OR ANY SERVICER OF YOUR ACCOUNT, INCLUDING, BUT NOT LIMITED TO GENESIS,\nON BEHALF OF ANY CARDHOLDER WHO IS NOT A JOINT CARDHOLDER WITH YOU OR AN AUTHORIZED USER ON YOUR\nACCOUNT (AN \xe2\x80\x9cUNRELATED CARDHOLDER\xe2\x80\x9d), AND YOU AGREE THAT NO UNRELATED CARDHOLDER MAY BRING ANY\nCLAIMS AGAINST US OR ANY SERVICER OF YOUR ACCOUNT, INCLUDING, BUT NOT LIMITED TO, GENESIS, ON YOUR\nBEHALF. CLAIMS BY YOU AND AN UNRELATED CARDHOLDER MAY NOT BE JOINED IN A SINGLE ARBITRATION. THE\nARBITRATOR WILL NOT HAVE THE POWER TO CONSIDER SUCH CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL\nACTIONS OR ANY SUCH CLAIMS YOU BRING ON BEHALF OF AN UNRELATED CARDHOLDER.\nJudgment on the arbitration award may be entered in any court having jurisdiction. Any dispute regarding whether a\nparticular controversy is subject to arbitration, or the applicability or enforceability of the foregoing paragraph, will be\ndecided by a court and not by an arbitrator.\nIf you or we or any servicer of your Account, including, but not limited to, Genesis, elect to arbitrate a claim, the electing\nparty must notify the other party in writing. The notice can be given after the beginning of a lawsuit and can be given in\npapers filed in the lawsuit. Otherwise, your notice must be sent to Genesis FS Card Services, Inc., Attn: Arbitration Demand,\nP.O. Box 4477, Beaverton, Oregon 97076, and our notice must be sent to the most recent address for you in our files. The\narbitration will be administered by the American Arbitration Association (the \xe2\x80\x9cAAA\xe2\x80\x9d) under its rules in effect at the time\nan arbitration is commenced that are applicable to the resolution of consumer disputes (the \xe2\x80\x9cArbitration Rules\xe2\x80\x9d). We will\ntell you how to contact the AAA and how to get a copy of the Arbitration Rules without cost if you ask us in writing to do\nso. The Arbitration Rules permit you to request deferral or reduction of the administrative fees of arbitration if paying\nthem would cause you a hardship. In addition, if you ask us in writing, we will consider your request to pay any or all of\nyour costs of arbitration.\n\n\x0cEach arbitrator shall be a licensed attorney who has been engaged in the private practice of law continuously during the\nten years immediately preceding the arbitration or a retired judge of a court of general or appellate jurisdiction. The\narbitration award shall award only such relief as a court of competent jurisdiction could properly award under applicable\nlaw, including attorneys\xe2\x80\x99 fees if allowed by applicable law or agreement. All statutes of limitation, defenses, and attorneyclient and other privileges that would apply in a court proceeding will apply in the arbitration.\nIf any provision of this Section regarding arbitration of disputes shall be deemed to be unenforceable, the remainder of\nthis Section shall be given full force and effect. However, if the provision precluding class, representative or private\nattorney general Claims in arbitration is deemed unenforceable, then this entire Arbitration Agreement shall be void and\nof no force and effect.\nYou may reject this provision, in which case only a court may be used to resolve any dispute or claim. Rejection will not\naffect any other aspect of the Agreement. To reject this Provision, you must send us a notice within sixty (60) days after\nyou open your Account or we first provide you with a right to reject this Provision. This notice must include your name,\naddress and Account Number and be mailed to Genesis FS Card Services, Inc., Attn: Arbitration Provision, P.O. Box 4477,\nBeaverton, Oregon 97076. This is the only way you can reject this Provision.\nYOUR BILLING RIGHTS \xe2\x80\x93 KEEP THIS NOTICE FOR FUTURE USE\nThis notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.\nWhat To Do If You Think You Find A Mistake On Your Statement\nIf you think there is an error on your Statement, please write to us at: Genesis FS Card Services, P.O. Box 4499, Beaverton,\nOR 97076-4499.\nIn your letter, give us the following information:\n\xe2\x80\xa2 Account information: Your name and 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 your bill, describe what you believe is wrong and why you\nbelieve it is a mistake.\nYou must contact us:\n\xe2\x80\xa2 Within 60 days after the error appeared on your Statement.\n\xe2\x80\xa2 At least three (3) business days before an automated payment is scheduled, if you want to stop payment on the\namount you think is wrong.\nYou must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any\npotential errors, and you may have to pay the amount in question.\nWhat Will Happen After We Receive Your Letter\nWhen we receive your letter, we must do two things:\n1. Within 30 days of receiving your letter, we must tell you 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 correct the error or explain to you why we believe the bill\nis correct.\nWhile we investigate whether or not there has been an error:\n\xe2\x80\xa2 We cannot try to collect the amount in question, or report you as delinquent on that amount.\n\xe2\x80\xa2 The charge in question may remain on your Statement, and 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, you are responsible for the remainder of your balance.\n\xe2\x80\xa2 We can apply any unpaid amount against your Credit Limit.\nAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2 If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that\namount.\n\xe2\x80\xa2 If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable\ninterest and fees. We will then send you a Statement of the amount you owe and the date payment is due. We\nmay then report you as delinquent if you do not pay the amount we think you owe.\n\n\x0cIf you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you\nstill refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your\nbill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations\nknow when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay\nthe first $50 of the amount you question, even if your bill is correct.\nYour Rights If You Are Dissatisfied With Your Credit Card Purchases\nIf you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good\nfaith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the\nPurchase. To use this right, all of the following must be true:\n1. The Purchase must have been made in your home state or within 100 miles of your current mailing address, and\nthe Purchase price must have been more than $50. (Note: Neither of these are necessary if your Purchase was\nbased on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)\n2. You must have used your credit card for the Purchase. Purchases made with cash advances from an ATM or with\na check that accesses your credit card account do not qualify.\n3. You must not yet have fully paid for the Purchase.\nIf all of the criteria above are met and you are still dissatisfied with the Purchase, contact us in writing at Genesis FS Card\nServices, P.O. Box 4499, Beaverton, OR 97076-4499. While we investigate, the same rules apply to the disputed amount\nas discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an\namount and you do not pay, we may report you as delinquent.\n\nThe Card Issuer:\nThe Bank of Missouri\n\n\x0c'


b'CARDHOLDER AGREEMENT\nNY RESIDENTS: RETAIL INSTALMENT CREDIT AGREEMENT\nThese Truth-in-Lending Act Disclosures are part of your Cardholder Agreement and contain important information about current\nrates and fees applicable to your Account. See the remaining Agreement for additional terms and conditions governing your\nAccount and for definitions of terms used herein. Disclosures are accurate as of {date.}\nTRUTH IN LENDING ACT DISCLOSURES\nInterest Rates and Interest Charges\nAnnual Percentage Rate (APR) for\nPurchases\n\n29.99%\n\nPenalty APR and When it Applies\n\n29.99%\nThis APR may be applied to your account if you:\n(1) Make a late payment; or\n(2) Make a payment that is returned.\nHow Long Will the Penalty APR Apply? If your APRs are increased for any of\nthese reasons, the Penalty APR will apply until you make six consecutive\nminimum payments when due.\n\nPaying Interest\n\nWe will begin charging interest on the transaction date. There is no time period\nin which to avoid paying interest.\n\nFor Credit Card Tips from the\nConsumer Financial Protection\nBureau\n\nTo learn more about factors to consider when applying for or using a credit\ncard, visit the website of the Consumer Financial Protection Bureau at\nwww.consumerfinance.gov.\n\nFees\nPenalty Fees\nLate Payment\nReturned Payment\n\nUp to $38\nUp to $38\n\nHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9caverage daily balance (including new transactions).\xe2\x80\x9d See the\nadditional terms and conditions below for more details.\nBilling Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in the additional\nterms and conditions below.\nU.S. VIRGIN ISLANDS RESIDENTS PLEASE READ THIS: The provisions titled \xe2\x80\x9cUsing Your Account,\xe2\x80\x9d \xe2\x80\x9cPostdated\nChecks, Restrictive Endorsements Checks and Other Disputed or Qualified Payments,\xe2\x80\x9d \xe2\x80\x9cChanges in Terms,\xe2\x80\x9d\n\xe2\x80\x9cAssignment;Transfers,\xe2\x80\x9d \xe2\x80\x9cArbitration Provision,\xe2\x80\x9d and \xe2\x80\x9cBilling Rights Notice,\xe2\x80\x9d restrict or reduce your rights.\nMilitary Lending Act Disclosure: Federal law provides important protections to members of the Armed Forces and their\ndependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces\nand his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the\ncredit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in\nconnection with the credit transaction; any application fee charged (other than certain application fees for specified credit\n\nPage 1 of 11 (rev. 5/15)\n\n\x0ctransactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). To\nhear disclosures related to the Military Lending Act, please call this toll-free number: 1-866-816-6994.\nCOVERED MILITARY BORROWERS: If you are a \xe2\x80\x9ccovered borrower,\xe2\x80\x9d as defined under the Military Lending Act, 10 U.S.C.\n\xc2\xa7 987, as amended, (i) the \xe2\x80\x9cArbitration Provision,\xe2\x80\x9d (ii) any waiver of right to legal recourse under any state or federal law and (iii)\nany other provision in this Agreement that is not enforceable against you under the Military Lending Act does not apply to you so\nlong as you are a \xe2\x80\x9ccovered borrower.\xe2\x80\x9d\nGENERAL This Cardholder Agreement (\xe2\x80\x9cAgreement\xe2\x80\x9d) governs the use of your revolving credit account (your \xe2\x80\x9cAccount\xe2\x80\x9d). In this\nAgreement and in your monthly billing statement (\xe2\x80\x9cStatement\xe2\x80\x9d), \xe2\x80\x9cwe,\xe2\x80\x9d \xe2\x80\x9cus,\xe2\x80\x9d \xe2\x80\x9cour\xe2\x80\x9d and \xe2\x80\x9cBank\xe2\x80\x9d refer to The Bank of Missouri, member\nFDIC, including, as applicable, our successors, assignees and representatives. \xe2\x80\x9cYou,\xe2\x80\x9d \xe2\x80\x9cyour\xe2\x80\x9d and \xe2\x80\x9cCardholder\xe2\x80\x9d refer to the person\nwho applied and was approved for the Account and, as appropriate, all persons authorized to use the Account. \xe2\x80\x9cApplication\xe2\x80\x9d refers\nto any (i) written or electronic application that you signed or otherwise submitted for this Account or (ii) oral request for credit and\na Card resulting in this Account. \xe2\x80\x9cCard\xe2\x80\x9d refers to any credit card, Account number or other credit access device that we issue to\nyou. Your Application, any Card carrier that we send with your Card, any other written documents (including any electronic record)\nevidencing any transactions made under your Account and any notices that we send to you with your Agreement are part of and\nincorporated into this Agreement. Please read and keep these documents for your records. This Agreement begins on the earlier\nof (a) the date we finally approve your Application for credit or (b) the first date that we extend credit to you or someone authorized\nby you on your Account. This Agreement includes an Agreement to Arbitrate Claims (see \xe2\x80\x9cArbitration Provision\xe2\x80\x9d below).\nACCEPTANCE OF THIS AGREEMENT Your activation of your Card, your use of the Account, or any payment made on the\nAccount evidences your acceptance of the terms of this Agreement.\nUSING YOUR ACCOUNT You can use your Card to purchase or lease goods or services (including mail, telephone and electronic\norders) from participating establishments (each a \xe2\x80\x9cPurchase\xe2\x80\x9d) up to any credit limit we may establish for you (your \xe2\x80\x9cCredit Limit\xe2\x80\x9d).\nYou may use your Account only for personal, family, or household purposes. You may not use your Card or your Account for any\nillegal transaction or any gambling transaction. We may decline transactions for any reason, including: operational matters,\ndefault, or suspected fraudulent or unlawful activity. Transactions above a certain dollar amount may require authorization by us\nbefore the transaction can be approved. We will not be liable for the failure to authorize credit because of operational difficulties\nor mistakes. We may limit the number and amount of transactions approved in one day for security reasons, without any liability\nto you. We are not responsible for any losses associated with a declined transaction.\nAUTHORIZED USERS If you ask us to issue a Card to any other person and we agree to issue them a Card, they are an\n\xe2\x80\x9cAuthorized User\xe2\x80\x9d of your Account and will be bound by the terms of this Agreement. We may impose a fee to issue a Card to an\nAuthorized User as described below. See \xe2\x80\x9cFEES\xe2\x80\x9d section below. We may require certain information about them before issuing\na Card. We may limit their ability to use their Card. You authorize them to have access to important information about your Account\nincluding available credit so that they can use their card responsibly. You will be responsible for use of the Account by them and\nby anyone they allow to use your Account, even if you did not want, or did not agree to, that use. If you want to remove an\nAuthorized User from your Account, you must contact Customer Service and request their removal. You also must immediately\ndestroy all Cards in their possession and cancel any transactions that they may have set up on your Account before their removal.\nYou will be responsible for transactions that they set up before they were removed even if these amounts do not appear on your\nAccount until later. Authorized Users may remove themselves from your Account upon request. We reserve the right to remove\nthem from your Account for any reason. To remove them from your Account, we may choose to close your existing Account and\nissue you a new Account and replacement Card with a new number.\nHONORING YOUR ACCOUNT We are not liable for the failure or refusal of a participating establishment to honor your Account.\nPROMISE TO PAY You agree to be bound by the terms and conditions of this Agreement. You promise to pay for all Purchases\nand all other amounts owed to us under the terms of this Agreement. You promise to make all payments in U.S. dollars and to\nsubmit for payment of your Account only checks or other items drawn on U.S. financial institutions.\nYOUR CREDIT LIMIT You agree not to use your Account in any way that would cause you to go over your Credit Limit. We may\nrefuse to authorize or accept any transaction on your Account that would cause you to exceed your Credit Limit. We may establish\ndifferent Credit Limits for different features of your Account in addition to a general (total) Credit Limit. If you exceed your Credit\nLimit, you must pay us the excess amount promptly. We reserve the right not to increase your available credit by the amount of\nany payment received, for a period of up to four (4) business days from the date of receipt to provide for processing and verification.\nProcessing speeds can vary depending on how your payment is cleared.\n\nPage 2 of 11 (rev. 5/15)\n\n\x0cYour Account represents a continuing offer to extend further credit to you which may be withdrawn at any time. We reserve the\nright to change (to set, increase, decrease or remove) the Credit Limit for your Account from time to time in accordance with this\nAgreement and applicable law. Certain changes in your Credit Limit may occur without prior written notice to you and may be\nbased upon factors including, but not limited to, anti-fraud policies and procedures, your record of making timely payments and\nstaying within your established Credit Limit, your credit score and information contained in your credit report and your proper\nmaintenance of any checking account used to make automatic payments, if applicable.\nIf finally approved for an Account, your initial Credit Limit(s) will appear on your Card carrier. Your current Credit Limit(s) can be\nfound on your Statement or provided upon request. We do not accept Credit Limit increase requests.\nYou have the right to receive an answer to a written inquiry concerning the status of your Account.\nSPECIAL TERMS From time to time we may offer special terms in connection with your Account. These special terms may be\nlimited to certain qualifying transactions. The period of time that special terms may be available may be limited. Information\nspecific to any special terms will be provided at the time of offer. If you use your Account to enter into a qualifying transaction, you\nwill be deemed to have acknowledged and agreed to the terms disclosed at the time of the offer, which terms may modify or differ\nfrom the regular terms of this Agreement. No formal amendment of this Agreement will be necessary and all terms of this\nAgreement will remain applicable except those inconsistent with the disclosed special terms of the offer. If at any time you fail to\ncomply with the terms of this Agreement as modified by the special terms of an offer or are otherwise in default of any obligation\nyou owe us, then we may, in our sole discretion, immediately terminate any special offer terms. We will notify you of the termination\nof any special terms if (and as) expressly required by law.\nDEFAULT Unless prohibited by applicable law, you will be in default under this Agreement if you: (i) do not make at least the\nMinimum Payment required from time to time on or before its Payment Due Date; (ii) exceed your Credit Limit without permission;\n(iii) tender a payment on your Account and your payment is returned to us unpaid or otherwise rejected for any reason; (iv) become\nsubject to bankruptcy or insolvency proceedings; (v) become subject to attachment or garnishment proceedings; (vi) give us any\nmisleading, false, incomplete or incorrect information or false or fraudulent signature; (vii) die; or (viii) fail to comply with any term\nof this Agreement or any other agreement that you have with us. Subject to any notice of default and right to cure or other limitation\nof applicable law, if you are in default, we may, in addition to any other rights that we may have under this Agreement: (a) reduce\nyour Credit Limit or cancel your Account; (b) require you to pay your entire Account balance (including accrued but unpaid interest\nand any other fees and charges provided for in this Agreement) immediately; and/or (c) bring an action to collect all amounts owed.\nYou agree to pay, to the greatest extent not prohibited by law, our reasonable attorneys\xe2\x80\x99 fees and any collection costs and\ndisbursements and court fees related to the collection of your Account.\nPENALTY RATE If we do not receive your required Minimum Payment within 60 days of its Payment Due Date, all of your rates\nmay increase to the Penalty Rate. The Penalty APR will cease to apply if we receive six consecutive minimum monthly payments\non or before their respective payment due dates beginning with the first payment due date following the effective date of the\nincrease.\nCANCELLATION We may cancel your Account, refuse to allow further transactions, offer credit on different terms or adjust the\namount of credit available to you at any time, with or without cause, subject to applicable limitations of law. We may terminate\nfurther transactions on your Account without notice if you change your address to a jurisdiction in which we do not make credit\navailable at that time. You may close your Account by writing to us at Account Services, P.O. Box 105555 Atlanta, GA 30348-5555.\nThe terms of this Agreement will continue to apply to any balance that you owe us until you have paid everything you owe, including\nany interest and fees due. Account cancellation may adversely affect your credit history.\nSTATEMENTS We will send you a Statement for each monthly billing cycle in which (i) the balance of your Account (including\nunpaid Purchases, interest and other fees and charges) on the last day of that billing cycle (the \xe2\x80\x9cNew Balance\xe2\x80\x9d) is greater than $1\n(debit or credit); (ii) we impose interest or a fee; (iii) there is any other activity on your Account or (iv) as otherwise required by\napplicable law. Your Statement will show, among other things, the total minimum payment you must make during the billing cycle\n(the \xe2\x80\x9cMinimum Payment\xe2\x80\x9d) and the date that the Minimum Payment is due (the \xe2\x80\x9cPayment Due Date\xe2\x80\x9d).\n\nPage 3 of 11 (rev. 5/15)\n\n\x0cPAYMENT REQUIREMENTS AND CREDITING\nMinimum Payment You agree to pay at least the Minimum Payment shown on your Statement by the Payment Due Date shown\non the Statement. You may at any time pay off your entire balance in full or more than the Minimum Payment due without\nincurring any additional charge. We reserve the right to change your Minimum Payment requirement from time to time. The\nMinimum Payment due each month will be an amount equal to the greater of (a) 5.59% of your highest outstanding New Balance,\nsince your Account was opened or since your New Balance was zero or (b) $30 plus the greater of (a) any past due amount or (b)\nany amount by which your New Balance exceeds your Credit Limit. If your New Balance is less than your Minimum Payment, your\nNew Balance is due in full. You may at any time make additional payments without penalty.\nAuthorization Agreement for Automatic Payments If you enrolled in the Automatic Payment Plan, you acknowledge and agree\nto the following: (1) You authorize us to initiate electronic funds transfers (EFTs) by debit entries drawn on the bank account, debit\nor credit card you have identified to us in your application for this Account or any other account that you identify to us from time to\ntime (\xe2\x80\x9cBank Account\xe2\x80\x9d) in the amount of your required Minimum Payments. If you have a Deferred Interest Plan and you enroll\nin our Automatic Payment Plan, you will need to make one or more additional payments by mail or by phone to avoid\ninterest. See Deferred Interest Balances below You have the right to receive notice of all electronic fund transfers from your\nBank Account that vary in amount, and by enrolling, you agree that your monthly statement will serve as your notice of the amount\nof your monthly payment. You may change the amount to be deducted or withdrawn at any time. Your new monthly payment will\nbe effective within 3 business days of our receipt of your instruction. (2) We will initiate authorized EFTs each month on or after\nthe Payment Due Date shown on your monthly statement. (3) You agree that in the event any debit is rejected or dishonored we\nmay reinitiate the debit card account once. (4) You have provided us with all necessary information for the Bank Account that you\nwish us to debit and the Bank Account on which the Automated Clearing House (ACH) debit is authorized, is a legitimate, open\nand active account. You agree to notify us promptly if this information changes. (5) The origination of ACH transactions must\ncomply with the provisions of U.S. law. (6) Once enrolled, automatic payments will continue until you notify us that you wish to\nterminate your enrollment in the Automatic Payment Plan, or until we terminate your enrollment. You may terminate your\nenrollment by calling Customer Service at the telephone number shown on your monthly statement. You must give any notice of\ntermination in such a manner and sufficiently in advance to allow us and your financial institution a reasonable opportunity to act.\nWe may terminate your enrollment if you fail to keep your Account or your Bank Account in good standing. Delinquency or closure\nof either account, for any reason, may result in immediate termination of your enrollment in the Automatic Payment Plan. Also, if\nthere are insufficient funds in your Bank Account to process any payment, your enrollment in the Automatic Payment Plan may\nbe terminated immediately. (7) We are not responsible for any fees that may be charged by your depository institution as the result\nof your participation in the Automatic Payment Plan. (8) You have the right to review your accounts and to withdraw any privileges\npreviously granted. (9) Participation in the Automatic Payment Plan is not a requirement of continuing credit under your Account.\nEnrollment in the Automatic Payment Plan is optional.\nRight to Stop Payment and Procedure For Doing So: If you have scheduled monthly payments through the Automatic Payment\nPlan, you can tell us to stop any of these payments by calling Customer Service at the telephone number shown on your monthly\nstatement, by sending an e-mail to service@thdhomeimprovercard.com or by writing to us at Customer Service--Automatic\nPayment Plan Department, P.O. Box 105555, Atlanta, GA 30348-5555. If you send us an email or write to us, your request must\nreach us at least 5 business days before the scheduled Payment Due Date. If you call us, we may require you to put your request\nin writing and to deliver your request to us within 14 days after you call. We may charge you a fee for each stop payment request\nthat you give us. If you tell us to stop a payment at least 5 business days before the Payment Due Date and we do not stop\npayment, we will be liable for your losses or damages.\nAlternative Payment Methods If you know that we will be unable to process a scheduled automatic payment for any reason,\nthen to avoid a late payment charge, you must promptly send a certified check or money order to the \xe2\x80\x9cPayment Address\xe2\x80\x9d shown\non the front of your monthly statement, or, if offered, you may take advantage of any pay-by-phone or on-line payment service that\nwe may make available to you from time to time. If you make an alternative payment by postal mail or by pay-by-phone or on-line\nservice while you are enrolled in an Automatic Payment Plan, we may treat such payment as an additional payment and process\nyour next Automatic Payment Plan payment as scheduled or may reduce your next Automatic Payment Plan payment by the\namount of any such additional payment received.\nInstructions for Mailed Payments If you pay by check or other written instrument, all payments, except disputed amounts, must\nbe mailed or delivered to us at the address for payments shown on your monthly statement. Payments received at the address on\nthe payment coupon by 5:00 p.m. Eastern Time, Monday through Friday (except legal holidays) will be credited to your Account\nas of the date received. Payments must be received with the payment coupon (bottom portion) of your statement in the enclosed\n\nPage 4 of 11 (rev. 5/15)\n\n\x0creturn envelope. If payments are received at any other location or without your payment coupon, crediting of those payments to\nyour Account may be delayed. Payments must be made to Payment Processing, P.O. Box 790105, St. Louis, MO 631790105, or any other address designated by us.\nApplication of Payments Subject to applicable law, we may apply payments first to unpaid interest and other fees and charges,\nthen to Purchases in the order in which they are posted to your Account. We may apply payments to balances under Special\nPayment Plans prior to non-promotional balances.\nDisputed Payments\xe2\x80\x92Postdated Checks, Restrictive Endorsement Checks and Other Disputed or Qualified Payments You\nagree not to send us partial payments marked \xe2\x80\x9cpaid in full,\xe2\x80\x9d \xe2\x80\x9cwithout recourse,\xe2\x80\x9d or similar language. If you send such a payment,\nwe may accept it without losing any of our rights under this Agreement. All notices and written communications concerning\npostdated checks, restrictive endorsement checks (including any check or other payment instrument that indicates that\nthe payment constitutes \xe2\x80\x9cpayment in full\xe2\x80\x9d of the amount owed or that is tendered with other conditions or limitations or\nas full satisfaction of a disputed amount) or any other disputed, nonconforming or qualified payments, must be mailed\nor delivered to Dispute Resolution, P.O. Box 105374, Atlanta, GA 30348-5374. We may also accept late, postdated or partial\npayments without losing any of our rights under the credit agreement governing your Account. (A postdated check is a check\ndated later than the day it was actually presented for payment.) We are under no obligation to hold a postdated check and we\nreserve the right to process every item presented as if dated the same date received by us or our check processor unless you give\nus adequate notice and a reasonable opportunity to act on it. Except where such notice and opportunity is given, you may not\nhold us liable for depositing any postdated check.\nINTEREST\nInterest When your Account has an outstanding balance, we will assess periodic interest using a monthly periodic rate of\ninterest. The monthly periodic rate is determined by dividing the annual percentage rate (\xe2\x80\x9cAPR\xe2\x80\x9d) by 12. The monthly periodic\nrate is 2.499% (corresponding APR of 29.99%). Interest will be imposed in amounts or at rates not in excess of those permitted\nby law.\n\nBalance Subject To Interest We figure the interest charge on your Account by applying the applicable monthly periodic rate to\nthe \xe2\x80\x9caverage daily balance\xe2\x80\x9d of your Account. For each type of balance, we take the beginning balance each day, add eligible new\ntransactions and applicable fees, subtract any unpaid interest or other finance charges and apply any payments or credits. This\ngives us the daily balances for that type of balance. Then, we add up all those daily balances for the billing cycle and divide the\ntotal by the number of days in the billing cycle. This gives us the \xe2\x80\x9caverage daily balance\xe2\x80\x9d for that type of balance.\nWhen Interest Begins To Accrue We will begin charging interest on the transaction date. There is no time period in which to\navoid interest on a transaction if a balance is not subject to a special promotion.\nDeferred Interest Balances If you make a purchase under a special Deferred Interest Plan promotion, we will calculate interest\nfor each cycle as described above. To avoid such interest you must pay the total purchase amount and accrued fees and charges\nthat are subject to deferred interest (\xe2\x80\x9cPromotional Balance\xe2\x80\x9d) in full by the last day of the promotional period as shown in the\nDeferred Interest Charge Calculation notice on the front of your monthly statement. Making only minimum monthly payments\nduring the promotional period will not pay off your Promotional Balance by the last day of the promotional period. If you do not pay\nyour Promotional Balance in full by such date, then the interest that has accrued from the date of purchase through and including\nthe last day of the promotional period (Deferred Interest Charge) will be added to your regular Purchase balance.\nFEES\nUnless otherwise stated, the following fees may be added to your Purchase balance:\nLate Payment Fee If you fail to make a timely payment, you agree to pay a Late Payment Fee of up to $38. For PR residents,\nyou agree to pay the lesser of $15 or 5% of the payment due for payments that are over 15 days late. No Late Payment Fee will\nexceed the amount of the related missed payment.\n\nPage 5 of 11 (rev. 5/15)\n\n\x0cReturned Payment Fee To the greatest extent not prohibited by law, if any payment is dishonored or returned, you agree to pay\na Returned Payment Fee of up to $38. No Returned Payment Fee will exceed the amount of the refused or returned payment.\nAuthorized User Fee We will impose a fee for allowing access to another person who is not responsible for the repayment of the\nAccount. The Authorized User Fee will be in the amount of $25 and will be imposed annually for each Authorized User. Upon\nrequest, we may issue a separate Card to an Authorized User.\nREFUND OF INTEREST AND FEES We will credit all interest and fees to your Account ONLY if you close your account within 30\ndays of receiving your initial Agreement and you make no charges to your Account. After such 30-day period, interest and fees\nare no longer avoidable or refundable and you will be responsible for paying any interest and fees charged to your Account.\nCONSENT TO RECEIVE ELECTRONIC DISCLOSURES If, when you applied for your Account, you agreed to receive electronic\nnotices and disclosures in connection with your Account (whether at an electronic mail address that you provided in your\nApplication, at a website that we designate or otherwise), then, to the extent not prohibited by law, we may send notices concerning\nthe availability of Statements and other notices and disclosures to you at the electronic mail address that you provided in your\nApplication, any updated electronic mail address that you provide to us in writing or otherwise, as mutually agreed. If you\nsubsequently choose to receive notices and disclosures by postal mail rather than electronically, then you agree to provide us with\nan updated postal address in a timely manner to allow us to comply with any applicable requirements of law.\nMONITORING AND RECORDING To ensure that you receive quality service, you agree that we may record all phone calls.\nThese calls, between you and our representatives, are evaluated by supervisors. It is our goal to provide prompt, consistent\nassistance and deliver accurate information in a professional manner.\nCOMMUNICATING WITH YOU; CONSENT TO CONTACT BY ELECTRONIC AND OTHER MEANS We may contact you for\nany lawful reason, including for the collection of amounts owed to us and for the offering of products or services in compliance with\nour Privacy Notice in effect from time to time. No such contact will be deemed unsolicited. To the greatest extent not prohibited\nby applicable law, we may (i) contact you at any address or telephone number (including wireless cellular telephone, VoIP or ported\nlandline telephone number) that you may provide to us from time to time; (ii) use any means of communication, including, but not\nlimited to, postal mail, electronic mail, telephone or other technology, to reach you; (iii) use automatic dialing and announcing\ndevices which may play recorded messages; and (iv) send text messages to your telephone.\nNOTICE OF CHANGES IN YOUR ELECTRONIC MAIL, TELEPHONE NUMBER OR OTHER INFORMATION You agree to notify\nus promptly of any change in your electronic mail address, your postal address, your home telephone number, place of employment\nor other information provided in your Application or otherwise provided to us from time to time, including porting a landline telephone\nnumber to a cellular number or VoIP, by writing to us at Account Services, P.O. Box 105555, Atlanta, GA 30348-5555 or by calling\nus at 1-888-247-0237.\nCHANGES IN TERMS We may, at any time in accordance with this Agreement and subject to the requirements of\napplicable law: (i) terminate this Agreement; (ii) terminate your right to make future Purchases; (iii) change your Credit\nLimit; or (iv) add new terms or delete or change any terms and conditions of this Agreement relating to your Account\n(including changing from a non-variable to a variable periodic rate, increasing any rate of interest, increasing or adding\nfees or charges, changing the method of computing the balance upon which interest is assessed or changing the date\nupon which interest begin to accrue). Changes that are favorable to you may be made at any time without prior notice.\nChanges in terms may be based upon factors including, but not limited to, anti-fraud policies and procedures, your record\nof making timely payments and staying within your established Credit Limit on your Account with us, your credit score\nand information contained in your credit report and your proper maintenance of any checking account used to make your\nautomatic payments, if applicable.\nWhen required by applicable law, we will provide you with written notice of a new or deleted term or change in terms and offer you\nthe right to reject terms in the manner specified at the time of notice. No new term or change in the terms of this Agreement will\naffect your obligation to pay all amounts owing under this Agreement.\n\nPage 6 of 11 (rev. 5/15)\n\n\x0cASSIGNMENT; TRANSFER We may sell, assign or transfer all or any portion of your Account and all or any portion of our rights\nunder this Agreement to any other person without prior notice to you. You may not sell, assign or transfer any of your rights under\nthis Agreement.\nLOST CARDS AND UNAUTHORIZED USE Contact us immediately if you believe your Card has been lost or stolen.\nTelephoning is the best way to minimize your possible losses. If you believe that your Card has been lost or stolen, or that\nsomeone has made a Purchase on your Account without your permission, call us at 1-888-247-0237. You will not be liable for\nany such unauthorized use that occurs after you notify us. You may, however, be liable for such unauthorized use that occurs\nbefore you notify us. In any case, your liability for such unauthorized use will not exceed $50.\nCREDIT REPORTS AND INFORMATION\nCredit Reports You authorize us to make or have made any credit, employment or other investigative inquiries we deem\nappropriate to renew, review or collect amounts owed to us on your Account. We also may obtain follow-up credit reports on you\nfor any lawful purpose as long as you have an outstanding balance.\nNotice of information Reporting. We may report information about your Account to credit bureaus. Late payments, missed\npayments or other defaults on your Account may be reflected in your credit report.\nInformation Sharing You acknowledge and agree that we may share information about you with others in accordance with our\nPrivacy Notice (a copy of which we will provide to you and may be obtained from www.thdhomeimprovercard.com as it is in effect\nfrom time to time).\nNotice of Inaccurate Information If you believe that we have information about you that is inaccurate or that we have reported\nor may report to a credit reporting agency information about you that is inaccurate, please notify us of the specific information that\nyou believe is inaccurate by writing to us at Account Services, P.O. Box105555, Atlanta, GA 30348-5555.\nARBITRATION PROVISION (AGREEMENT TO ARBITRATE CLAIMS)\nUnless you are a \xe2\x80\x9ccovered borrower,\xe2\x80\x9d as defined under the Military Lending Act, 10 U.S.C. \xc2\xa7987, as amended, and except as\notherwise stated below, any Claim (as defined below) will be resolved by binding arbitration pursuant to (a) this Arbitration Provision\nand (b) the Code of Procedure of the national arbitration organization to which the Claim is referred (as in effect when the Claim is\nfiled). Claims will be referred to either Judicial Arbitration and Mediation Services (\xe2\x80\x9cJAMS\xe2\x80\x9d) or the American Arbitration Association\n(\xe2\x80\x9cAAA\xe2\x80\x9d), as selected by the party electing to use arbitration. Streamlined arbitration procedures will be used if available. If a selection\nby us of one of these organizations is unacceptable to you, you have the right, within 30 days after you receive notice of our election,\nto select the other organization listed to serve as arbitration administrator. For purposes of this Arbitration Provision, \xe2\x80\x9cClaim\xe2\x80\x9d means\nany claim, dispute or controversy (whether in contract, tort, or otherwise), past, present or future, (collectively, "Claims") as further\ndescribed below. (If for any reason a selected organization cannot, will not or ceases to serve as an arbitration administrator, you\nor we may substitute another widely recognized arbitration organization that uses a similar code of procedure and is mutually\nacceptable to the parties.)\nRight To Reject Arbitration. You may reject this Arbitration Provision. If you do so, neither you nor we will have the right\nto engage in arbitration. Rejecting this Arbitration Provision will have no effect on any of the other provisions in this Agreement.\nTo reject this Arbitration Provision, you must send us your written rejection within 60 days after we open your Account, or 60 days\nafter any change in terms that affects this Arbitration Provision, to Account Services Dispute Resolution, P.O. Box 105096, Atlanta,\nGA 30348-5096; ATTN: Consumer Credit Arbitration. In your letter, you must give us the following information: Name, Address\nand Account number. The right to reject granted here applies solely to this Arbitration Provision, and not to any other provision of\nthis Agreement, or to any other agreement with us. In the event of a dispute over whether you have provided a timely rejection\nnotice, you must provide proof of delivery. Neither party may elect to arbitrate an individual Claim brought in small claims court (or\nyour state\xe2\x80\x99s equivalent court, if any). However, if a Claim that is brought in small claims court is transferred or appealed to a\ndifferent court, either party may elect arbitration.\nSignificance of Arbitration; Limitations and Restrictions. IF YOU OR WE CHOOSE TO RESOLVE A CLAIM BY BINDING\nARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO (i) HAVE A COURT OR JURY DECIDE THE CLAIM\nBEING ARBITRATED (ii) ENGAGE IN PRE-ARBITRATION DISCOVERY (THAT IS, THE RIGHT TO OBTAIN INFORMATION\nFROM THE OTHER PARTY) TO THE SAME EXTENT THAT YOU OR WE COULD IN COURT, (iii) PARTICIPATE AS A\nREPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS IN A CLASS ACTION, IN COURT OR IN ARBITRATION,\n\nPage 7 of 11 (rev. 5/15)\n\n\x0cRELATING TO ANY CLAIM SUBJECT TO ARBITRATION OR (iv) JOIN OR CONSOLIDATE CLAIMS OTHER THAN YOUR\nOWN OR OUR OWN. OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Except as set\nforth below, the arbitrator\xe2\x80\x99s decision will be final and binding. Only a court may decide the validity of items (iii) and (iv) above.\nIf a court holds that items (iii) or (iv) are limited, invalid or unenforceable, then this entire Arbitration Provision will be null and void.\nYou or we can appeal any such holding. If a court holds that any other part(s) of this Arbitration Provision (other than items (iii)\nand (iv)) are invalid, then the remaining parts of this Arbitration Provision will remain in force. An arbitrator will decide all other\nissues pertaining to arbitrability, validity, interpretation and enforceability of this Arbitration Provision. The decision of an arbitrator\nis as enforceable as any court order and may be subject to very limited review by a court. An arbitrator may decide a Claim upon\nthe submission of documents alone, or a party may request a telephonic hearing if permitted by applicable rules. The exchange\nof non-privileged information relevant to the Claim, between the parties, is permitted and encouraged. Either party may submit\nrelevant information, documents or exhibits to the arbitrator for consideration in deciding a Claim.\nBroad Meaning of \xe2\x80\x9cClaims.\xe2\x80\x9d The term "Claims" in this Arbitration Provision is to be given the broadest possible meaning and\nincludes (by way of example and without limitation) Claims arising from or relating to (i) the application for or issuance of your\nAccount, (ii) use, terms, change in terms or addition of terms, closing or collection of your Account or this Agreement,\n(iii) advertisements, promotions or oral or written statements related to your Account, including any Claims regarding information\nobtained by us from, or reported by us to, credit reporting agencies or others, (iv) Claims between you and our parent corporations,\nwholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, employees,\nofficers, directors or representatives arising from your Account or this Agreement and (v) Claims regarding the validity,\nenforceability or scope of this Arbitration Provision or this Agreement.\nArbitration Procedure and Costs. For a copy of relevant codes of procedure, to file a Claim or for other information about JAMS\nand AAA, write them, visit their web site or call them at: (i) for JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614 or\ninfo@jamsadr.com, http://www.jamsadr.com, 1-800-352-5267; or (ii) for AAA, 1633 Broadway, 10th Floor, New York, NY 10019 or\nwebsitemail@adr.org, http://www.adr.org, 1-800-778-7879. If either party fails to submit to arbitration following a proper demand to\ndo so, that party will bear the costs and expenses, including reasonable attorneys\xe2\x80\x99 fees, incurred by the party compelling arbitration.\nAny physical arbitration hearing that you attend will be held in the federal judicial district where you live at the time the Claim is\nfiled. The party initiating the arbitration will pay the filing fee. You may seek a waiver of the initial filing fee or any other fees\nincurred in arbitration. If you seek, but do not qualify for, a waiver, we will consider any written request by you for us to pay or\nreimburse you for all or part of such fees. Each party will pay for its respective attorneys\xe2\x80\x99, experts\xe2\x80\x99 and witness fees, regardless of\nwhich party prevails in the arbitration. A party may recover any or all expenses from another party if the arbitrator, applying\napplicable law, so determines. Allocation of fees and costs relating to appeals in arbitration will be handled in the same manner.\nFor an explanation and schedule of the fees that apply to an arbitration proceeding with JAMS, please visit\nhttp://www.jamsadr.com/rules-streamlined-arbitration; for AAA, visit http://www.adr.org/consumer_arbitration. The appropriate fee\nschedule in effect from time to time is hereby incorporated by reference into this Arbitration Provision. The cost of arbitration may\nbe higher or lower than the cost of bringing your Claim in court, depending upon the nature of your Claim and how the arbitration\nproceeds. Having more than one Claim and holding face-to-face hearings can increase the cost of arbitration. Again, neither you\nnor we will be permitted to arbitrate claims on a class-wide (that is, on other than an individual) basis. An arbitration proceeding\ncan decide only your or our Claims. You cannot join other parties (or consolidate Claims) except with respect to persons who use\nyour Account.\nGoverning Law for Arbitration. This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and\nwill be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. \xc2\xa7\xc2\xa7 1 et seq., as amended, notwithstanding any other governing\nlaw provision in this Agreement. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes\nof limitations and will honor claims of privilege recognized at law. Judgment upon any arbitration award may be entered and\nenforced, including without limitation by garnishment, attachment, foreclosure or other post-judgment remedies, in any court having\njurisdiction. The arbitrator\xe2\x80\x99s decision will be final and binding, except for any right of appeal provided by the FAA, in which case\nany party can appeal the award to a three-arbitrator panel administered by the selected arbitration administrator. The panel will\nreconsider de novo (that is, without deference to the ruling of the original arbitration) any aspect of the initial award requested by\nthe appealing party.\nContinued Effect of Arbitration Provision. This Arbitration Provision will continue to govern any Claims that may arise without\nregard to any termination or cancellation of your Account. If any portion of this Arbitration Provision (other than the provisions\nprohibiting class-wide arbitration, joinder or consolidation) is deemed invalid or unenforceable under the FAA, it will not invalidate\nthe remaining portions of this Arbitration Provision. If a conflict or inconsistency arises between the code of procedures of the\nselected arbitration administrator and this Arbitration Provision, this Arbitration Provision will control.\n\nPage 8 of 11 (rev. 5/15)\n\n\x0cDELAY IN ENFORCEMENT We can delay or waive enforcing any of our rights under this Agreement or under applicable law\nwithout losing any of those rights or any other rights. Even if we do not enforce our rights or remedies at any one time, we may\nenforce them at a later time.\nSEVERABILITY Except as otherwise expressly provided in the Arbitration Provision, if any provision of this Agreement is finally\ndetermined to be void or unenforceable under applicable law, rule or regulation, all other provisions of this Agreement shall still be\nvalid and enforceable.\nCertain provisions of this Agreement are stated as being subject to applicable law. Such provisions may be void, unenforceable\nor inapplicable in some jurisdictions.\nENTIRE AGREEMENT This Agreement, including any other written, oral or electronic document incorporated into and made a\npart of this Agreement, is the entire agreement between you and us relating to your Account and supersedes any other prior or\ncontemporaneous agreement between you and us relating to your Account. If there is any conflict between any one of these\ndocuments and this Agreement, the terms of this Agreement control. This Agreement may not be amended except in accordance\nwith the other provisions of this Agreement.\nGOVERNING LAW FOR CREDIT This Agreement, and any claim, dispute or controversy (whether in contract, tort, or\notherwise) at any time arising from or relating to this Agreement, are governed by and construed in accordance with\napplicable federal law and, to the extent not preempted by federal law, the laws of Missouri (without regard to internal\nprinciples of conflict of laws), except that the arbitration provision is governed by the Federal Arbitration Act, 9 U.S.C.\n\xc2\xa7\xc2\xa7 1 et seq. The legality, enforceability and interpretation of this Agreement and the amounts contracted for, charged\nand reserved under this Agreement will be governed by such laws. We extend credit pursuant to Section 408.145 of the\nMissouri Revised Statutes. You agree that this loan is made, executed and delivered in Missouri and that we make all\ncredit decisions, open all accounts and issue all proceeds from, impose all fees and charges in, and receive all\npayments in our offices in Missouri.\nNOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH\nTHE DEBTOR COULD ASSERT AGAINST THE SELLER OF THE GOODS OR SERVICES OBTAINED PURSUANT HERETO\nOR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID\nBY THE DEBTOR HEREUNDER.\nYOU ACKNOWLEDGE THAT YOU HAVE RECEIVED (ELECTRONICALLY OR OTHERWISE) AN EXACT, COMPLETELY\nFILLED-IN, LEGIBLE COPY OF THIS AGREEMENT, HAVE READ IT AND AGREE TO ITS TERMS.\nNOTICE TO THE BUYER\n1.\n\nDO NOT SIGN THIS BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES.\n\n2.\n\nYOU ARE ENTITLED TO AN EXACT, COMPLETELY FILLED IN COPY OF THE AGREEMENT YOU SIGN.\n\n3.\n\nYOU HAVE THE RIGHT TO PAY, IN ADVANCE, THE FULL AMOUNT DUE.\n\nCA RESIDENTS: Interest is compounded on unpaid amounts.\n\nMD RESIDENTS: You have the right under Section 120510 of the Commercial Law Code to receive an answer to\nyour written inquiry regarding the status of your account.\nMO RESIDENTS: Oral agreements or commitments to loan money, extend credit or to forbear from enforcing\nrepayment of a debt including promises to extend or renew such debt are not enforceable. To protect you (borrower)\nand us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are\ncontained in this writing, which is the complete and exclusive statement of the agreement between us, except as we\nmay later agree in writing to modify it.\nNH RESIDENTS: This Agreement provides for reasonable attorneys\xe2\x80\x99 fees to be awarded to us in an action against you involving\nthis Agreement. Reasonable attorney\'s fees will be awarded to you if you prevail in any action, suit or proceeding brought by us;\nor an action brought by you. If you successfully assert a partial defense or set-off, recoupment or counterclaim to an action\n\nPage 9 of 11 (rev. 5/15)\n\n\x0cbrought by us the court may withhold from us the entire amount or such portion of the attorney fees as the court considers\nequitable.\nNJ RESIDENTS: Because certain provisions of this agreement are subject to applicable law, they may be void, unenforceable\nor inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey.\nNY RESIDENTS: RETAIL INSTALMENT CREDIT AGREEMENT\n\nWI RESIDENTS: No provision of a marital property agreement, a unilateral statement under section 766.59 or a court\ndecree under section 786.70 adversely affects the interest of the creditor unless the creditor, prior to the time the credit\nis granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision\nwhen the obligation to the creditor is incurred.\nBUYER/CARDHOLDER Your name and address, our name and address and the date on any Application or any other document\nor record you sign in connection with your Account are incorporated here and made a part of this Agreement and represent your\nname and address, our name and address, and the date on this Agreement. The electronic record of your transmission of the\nUnique Approval Code, if applicable, and the consummation of a sales transaction under this Agreement represents your signature\non this Agreement.\nCREDITOR /s/ THE BANK OF MISSOURI, ST. ROBERT, MO\nREV. DATE: March 2018\nBILLING RIGHTS NOTICE\nYour Billing Rights: Keep This Document For Future Use\nThis notice tells you about your rights and our responsibilities 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 us at:\nAccount Services Dispute Resolution\nP.O. Box 105374\nAtlanta, GA 30348-5374\nIn your letter, give us the following information:\n\xef\x82\xb7 Account information: Your name and account number.\n\xef\x82\xb7 Dollar amount: The dollar amount of the suspected error.\n\xef\x82\xb7 Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe\nit is a mistake.\nYou must contact us:\n\xef\x82\xb7 Within 60 days after the error appeared on your statement.\n\xef\x82\xb7 At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you\nthink is wrong.\nYou must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any\npotential errors and you may have to pay the amount in question.\nWhat Will Happen After We Receive Your Letter\nWhen we receive your letter, we must do two things:\n1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already\ncorrected the error.\n2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.\nWhile we investigate whether or not there has been an error:\n\xef\x82\xb7 We cannot try to collect the amount in question, or report you as delinquent on that amount.\n\xef\x82\xb7 The charge in question may remain on your statement, and we may continue to charge you interest on that amount.\n\xef\x82\xb7 While you do not have to pay the amount in question, you are responsible for the remainder of your balance.\n\xef\x82\xb7 We can apply any unpaid amount against your credit limit.\nAfter we finish our investigation, one of two things will happen:\n\nPage 10 of 11 (rev. 5/15)\n\n\x0c\xef\x82\xb7 If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that\namount.\n\xef\x82\xb7 If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and\nfees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent\nif you do not pay the amount we think you owe.\nIf you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still\nrefuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must\ntell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter\nhas been settled between us.\nIf we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is\ncorrect.\nYour Rights If You Are Dissatisfied With Your Credit Card Purchases\nIf you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good\nfaith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.\nTo use this right, all of the following must be true:\n1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the\npurchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an\nadvertisement we mailed to you, or if we own the company that sold you the goods or services.)\n2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a\ncheck that accesses your credit card account do not qualify.\n3. You must not yet have fully paid for the purchase.\nIf all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:\nAccount Services Dispute Resolution\nP.O. Box 105374\nAtlanta, GA 30348-5374\nWhile we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we\nwill tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.\n\nPage 11 of 11 (rev. 5/15)\n\n\x0c'