b'The Petal 1 Visa\xc2\xae Credit Card Cardholder Agreement\n\nImportant disclosures\nRates, fees, and other important information about the Petal 1 VISA\xc2\xae Credit\nCard (\xe2\x80\x9cCard\xe2\x80\x9d) are set forth in these Important Disclosures. The customized\nversion of these Important Disclosures (the \xe2\x80\x9cCustomized Disclosures\xe2\x80\x9d) that we\nprovide you prior to your first use of the Card or the related credit card account\nare part of the Petal 1 VISA\xc2\xae Credit Card Cardholder Agreement (\xe2\x80\x9cAgreement\xe2\x80\x9d).\n\nHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9caverage daily\nbalance (including new purchases).\xe2\x80\x9d See the Agreement for more detail.\nVariable APR; Daily Periodic Rate: The APR on your Account will be\ndetermined each billing cycle by adding a margin to the Prime Rate (U.S.) as\npublished in the Money Rates section of The Wall Street Journal (the \xe2\x80\x9cIndex\xe2\x80\x9d) on\nthe 25th day of the month or the following business day. If the Prime Rate\nchanges, your new rate will take effect on your next billing period. The margin\nwhich will be added to the Prime Rate for purchases is 16.74% - 26.24%. As of\nSeptember 15, 2020 the Prime Rate was 3.25%.\nCredit Limit: Your initial credit limit will be between $500-$5,000, based on your\ncreditworthiness.\nArbitration Clause; Notices: PLEASE REVIEW THE ARBITRATION CLAUSE\n\n\x0cAND NOTICES SET FORTH IN EXHIBITS A-C OF THE AGREEMENT.\nPetal 1 VISA\xc2\xae Credit Card\nCardholder Agreement\nEXHIBIT A TO THE AGREEMENT IS AN ARBITRATION CLAUSE. UNLESS\nYOU ARE A \xe2\x80\x9cCOVERED BORROWER\xe2\x80\x9d PROTECTED BY THE MILITARY\nLENDING ACT (THE \xe2\x80\x9cMLA\xe2\x80\x9d) OR UNLESS YOU PROMPTLY REJECT THE\nARBITRATION CLAUSE, IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR\nRIGHTS IN THE EVENT OF A DISPUTE, INCLUDING YOUR RIGHT TO BRING\nOR PARTICIPATE IN A CLASS PROCEEDING.\nThis Agreement governs the Petal 1 VISA\xc2\xae credit card account (\xe2\x80\x9cAccount\xe2\x80\x9d) and\nrelated credit card (\xe2\x80\x9cCard\xe2\x80\x9d) provided by WebBank, a Utah-chartered, FDICinsured bank located in Salt Lake City, Utah (the \xe2\x80\x9cBank\xe2\x80\x9d). This Agreement\nincludes the Important Disclosures we provided to you after approving you for the\nAccount (the \xe2\x80\x9cCustomized Disclosures\xe2\x80\x9d), the Arbitration Clause attached as\nExhibit A, the Billing Error Rights Notice attached as Exhibit B, the State Notices\nattached as Exhibit C, your credit card application, and, as applicable, the\nPrivacy Policy, and Risk-Based Pricing Disclosure. In this Agreement, the words\n\xe2\x80\x9cwe,\xe2\x80\x9d \xe2\x80\x9cus,\xe2\x80\x9d and \xe2\x80\x9cour\xe2\x80\x9d mean the Bank, its successors and assigns, and, for\npurposes of the Arbitration Clause, the Related Parties identified in the\nArbitration Clause. The words \xe2\x80\x9cyou,\xe2\x80\x9d \xe2\x80\x9cyour\xe2\x80\x9d, \xe2\x80\x9cyours\xe2\x80\x9d and \xe2\x80\x9cCardholder\xe2\x80\x9d mean the\nperson who applied for, received and accepted the Account from the Bank.\n1. Accepting this Agreement. This Agreement becomes effective and legally\nbinding when you activate your Card by following the instructions on the\nActivation page of www.petalcard.com or a Petal mobile application (\xe2\x80\x9cPetal\nWebsite\xe2\x80\x9d). You and we agree to comply with, and be bound by, this entire\nAgreement. You should retain and carefully review this entire Agreement, and\nsign your Card before using it. By completing your application for the Account\n(and unless you promptly reject the arbitration clause or are a \xe2\x80\x9ccovered borrower\xe2\x80\x9d\nprotected by the Military Lending Act), you agree to the Arbitration Clause even if\nyou do not use the Account or the Card.\n2. Purchases. You may use your Account to purchase or lease goods or\nservices (each, a \xe2\x80\x9cpurchase\xe2\x80\x9d) by presenting your Card or providing to\nparticipating merchants and establishments that honor the Card your Card\nnumber and additional information by any other means (for example, over the\nphone, online or through a mobile app). We will not be liable to you (or anyone\nelse) if any merchant or other person cannot or will not process a purchase\npermitted under this Agreement. Unless prohibited by applicable law, we may\n\n\x0cfrom time to time limit the type, number and dollar amount of any purchase, even\nif you have sufficient available credit to complete the purchase, and may\nterminate or suspend your use of the Card or the Account, with or without notice\nto you before or at the time we take such action. Cash advances and balance\ntransfers are not available under this Agreement.\n3. Prohibited Uses of Account. You agree that you will only use the Account for\npersonal, family and household purposes and will not use the Account for any\nunlawful purpose or for the purpose of paying us on this or any other form of\ncredit account you may have with us. If you use your Card for any such purpose,\nwe may declare you to be in default under this Agreement and we may block\nsuch transactions and/or terminate your Account, but you still will be liable to us\nfor all charges relating to such transactions and all other transactions on your\nAccount at the time it is closed. Further, you agree that you will not allow any\nother person to use the Card or Account without our consent. However, your\nbreach of any of these promises will not affect or limit your liability to us with\nrespect to your purchases. If you authorize or allow any person to use your\nAccount, such authorization will be deemed to extend to all purchases by such\nperson, even if not intended by you, and will continue until you have taken all\nsteps necessary to prevent any further use of the Account by such person, even\nif you have advised us that such person is no longer authorized to use the\nAccount.\n4. Promise to Pay You promise to pay us for all amounts charged to the\nAccount, including all purchases, interest, and charges charged to your\nAccount. You are obligated to repay us for all transactions made using\nyour Card by people you have authorized to use the Card even if their use\nof the Card exceeds the authorization which you gave them.\n5. Credit Limit; Available Credit.\n(a) We have disclosed your initial credit limit in your approval email. We will\ndisclose your then-current credit limit and available credit on each monthly\nstatement we send you. We may increase or decrease your credit limit at any\ntime, on our own initiative or at your request (if we accept such requests). We\nmay also close your Account or suspend your ability to use the Account at any\ntime. We will provide any notice required by applicable law if we take any\nadverse action on your Account.\n(b) At any time, your available credit equals the excess (if any) of your credit limit\nover your outstanding Account balance (including principal, fees and interest\ncharges). You agree not to attempt any purchase that exceeds your available\ncredit. For purposes of determining your available credit, we do not give effect to\n\n\x0cany payment prior to the time we determine that the payment has been made\nwith sufficient funds. Depending on your payment method, this may take up to 20\ndays. We are not required to approve any purchase if the amount of the\npurchase exceeds your available credit but we may authorize and pay any such\npurchase in our absolute discretion. Whenever the outstanding balance of the\nAccount exceeds your credit limit, you agree to pay us the difference on demand\nunless and to the extent that we have reduced your credit limit below your preexisting balance prior to the reduction.\n6. Monthly Statements. We will send you a monthly statement shortly after the\nend of each monthly billing cycle with any activity, fee or interest charge or an\nending debit or credit balance in excess of $1.00. However, we are not obligated\nto send you a monthly statement if we deem your Account to be uncollectible or\napplicable law does not require us to send you a monthly statement for other\nreasons. Your monthly statements will show, among other matters, the\noutstanding balance at the start and end of the billing cycle (that is, the \xe2\x80\x9cprevious\nbalance\xe2\x80\x9d and \xe2\x80\x9cnew balance,\xe2\x80\x9d respectively); purchases; payments, credits and\nadjustments; interest charges and fees; your credit limit and available credit; and\nthe minimum payment due and payment due date.\n7. Interest Charges.\n(a) General. We use the \xe2\x80\x9caverage daily balance (including new purchases)\xe2\x80\x9d\nmethod to calculate your interest charges. This means that, each billing cycle, we\ndetermine your interest charges by multiplying the average daily balance (which\nis shown on your monthly statements as the \xe2\x80\x9cbalance subject to interest rate\xe2\x80\x9d)\ntimes the daily periodic rate and then by multiplying this amount by the number of\ndays in the billing cycle.\n(b) Grace Period on Purchases.\n(i) If your Account balance is $0 at the beginning of a billing cycle or you pay the\nentire Account balance as of the beginning of a billing cycle by the payment due\ndate that falls in such billing cycle, you get a \xe2\x80\x9cgrace period\xe2\x80\x9d and will not be\ncharged any interest charges for such billing cycle.\n(ii) If you do not get a grace period for a billing cycle but you got a grace period\nfor the immediately preceding billing cycle, we will not charge interest charges on\npurchases that were outstanding during such preceding billing cycle to the extent\nsuch purchases are paid by the payment due date that falls in the current billing\ncycle.\n(iii) If you get a grace period on purchases for a billing cycle on account of a\n\n\x0cpayment that is dishonored or reversed in the next billing cycle or a credit that is\nreversed in the next billing cycle due to the resolution of a billing dispute, we will\ncharge you in the next billing cycle the interest charges you avoided in the prior\nbilling cycle due to the dishonored or reversed payment or credit.\n(c) Interest Rates.\n(i) The daily periodic rate equals the APR divided by 365, truncated at the 11th\ndecimal place.\n(ii) The APR each billing cycle equals the sum of the Margin shown on your\nCustomized Disclosures and the WSJ Prime Rate, determined as of the second\nbusiness day (not weekends or federal holidays) of the same month in which\nyour billing cycle closes (the \xe2\x80\x9cDetermination Date\xe2\x80\x9d). Accordingly, the APR (and\ndaily periodic rate) may vary. The \xe2\x80\x9cWSJ Prime Rate\xe2\x80\x9d is the highest U.S. Prime\nRate as published in the \xe2\x80\x9cMoney Rates\xe2\x80\x9d section of The Wall Street Journal on the\nDetermination Date (or if The Wall Street Journal does not publish such rate on\nsuch day, the latest prior day it does publish such rate). (If The Wall Street\nJournal stops publishing the U.S. Prime Rate in its \xe2\x80\x9cMoney Rates\xe2\x80\x9d section, then\nwe may substitute another index and margin, in our sole discretion, subject to\napplicable law.) Notwithstanding the foregoing, the APR and daily periodic rate\nwill never exceed the maximum rates permitted by applicable law.\n(iii) Unless you qualify for a grace period (see subsection (b)), if and when the\nAPR increases, more interest charges will accrue. This will result in higher and/or\nmore payments if you pay the minimum payment due each month. Unless you\nqualify for a grace period, if and when the APR decreases, less interest charges\nwill accrue. This will result in lower and/or fewer payments if you pay the\nminimum payment due each month.\n(d) Balances Subject to Interest Rate.\n(i) The average daily balance (also known as the balance subject to interest rate)\nequals the sum of the closing daily Account balances for each day of the billing\ncycle, divided by the number of days in the billing cycle.\n(ii) If you get a grace period for a billing cycle (see subsection (b)(i)), the Account\nbalance is treated as $0 for each day in the billing cycle (and the average daily\nbalance is $0). Otherwise, the closing balance for each day in the billing cycle is\ncomputed as follows:\n(A) For each day (including the first day of the billing cycle), we start with the\nprior day\xe2\x80\x99s closing balance, if any.\n\n\x0c(B) For the first day of the Billing cycle, if you received a grace period for the\nimmediately preceding billing cycle, we deduct all payments and credits applied\nto purchases and posted by the payment due date that falls within the current\nbilling cycle.\n(C) For each day in the billing cycle (including the first day of the billing cycle), we\nadd any new purchases posted to your Account, we add the interest charges\nfrom the prior day (the prior day\xe2\x80\x99s closing balance times the daily periodic rate),\nadd any fees charged that day, and subtract any payments or credits. However,\nwe do not subtract a second time any payments or credits that have already\nbeen subtracted in step (B) above. (This method results in the daily compounding\nof interest charges.)\n(D) We treat any negative daily balance as $0.\n(e) Interest Accrual Periods. We charge interest charges over the following\nperiods:\n(i) If you get a grace period for the billing cycle in which the purchase is posted to\nthe Account (the \xe2\x80\x9cPurchase Cycle\xe2\x80\x9d) and for the next billing cycle (the \xe2\x80\x9cNext\nCycle\xe2\x80\x9d), we charge no interest charges at all.\n(ii) If you get a grace period for the Purchase Cycle but not for the Next Cycle, we\ncharge interest charges from the first day of the Next Cycle through the earlier of:\n(1) the day the purchase is repaid in full; or (2) the day before the beginning of\nthe first billing cycle that comes after the Next Cycle and for which you get a\ngrace period (the \xe2\x80\x9cInterest End Date\xe2\x80\x9d).\n(iii) If you do not get a grace period for the Purchase Cycle, we charge interest\ncharges from the day the purchase is posted to the Account through the Interest\nEnd Date.\n8. Fees. Subject to applicable law, including the federal Truth in Lending Act and\nRegulation Z, you agree to pay the following fees:\n(a) Penalty fees.\n(i) Each time we do not receive the minimum payment due in full within 3 days of\nthe payment due date, we will charge you a late fee of $29.00 if we have not\ncharged (or waived) a late fee within the six immediately preceding billing\ncycles. However, we will charge a late fee of $40.00 if we have already charged\n(or waived) a late fee within the six immediately preceding billing cycles. We will\n\n\x0cnever charge a late fee exceeding the minimum payment due that is late.\n(ii) Each time a payment on your Account is returned or reversed for any reason\nor we must return any check or instrument you send us because it is not signed\nor is otherwise incomplete, we will charge you a returned payment fee of $29.00.\nHowever, we will not charge a returned payment fee if we are charging a late fee\nwith respect to the same minimum payment due and will never charge a returned\npayment fee exceeding the related minimum payment due.\n(b) Additional fees. We may charge fees for special services you request in\naccordance with applicable law.\n9. Limits on Interest, Fees and Charges. It is not our intent to charge or collect\nany interest, fee or charge in excess of the amount permitted by applicable law. If\nany interest, fee or charge is finally determined to be in excess of the amount\npermitted by applicable law, we will credit the excess amount against the\noutstanding balance in your Account or refund it to you.\n10. Payments.\n(a) Each month, you must pay at least the minimum payment due shown on your\nmonthly statement by the \xe2\x80\x9ccut-off time\xe2\x80\x9d on the payment due date shown on your\nmonthly statement. The payment due date will be at least 25 days after the date\nof the monthly statement and will typically be on the same day of each calendar\nmonth. However, if the payment due date falls on a day we do not receive mail (a\n\xe2\x80\x9cnon-business day\xe2\x80\x9d), we will not treat your payment as late for any purpose if we\nreceive it by the cut-off time on the next day we receive mail (a \xe2\x80\x9cbusiness day\xe2\x80\x9d).\nThe \xe2\x80\x9ccut-off time\xe2\x80\x9d is 8:00 p.m. Eastern Time for payments made online through\nthe Petal Website or over the phone or 5:00 p.m. Eastern Time if you mail-in a\npayment by check or money order.\n(b) If the new balance shown on your monthly statement for a billing cycle (the\n\xe2\x80\x9cStatement Cycle\xe2\x80\x9d) is less than $25.00, the minimum payment due in the next\nbilling cycle (the \xe2\x80\x9cPayment Cycle\xe2\x80\x9d) equals such new balance. Otherwise, the\nminimum payment due equals the sum of: (i) $25.00 or 2% of such new balance\n(excluding any interest charges, late fees, and any amount past due), whichever\nis greater; and (ii) interest charges for the Statement Cycle; (iii) any late fees;\nand (iv) any amount past due at the end of the Statement Cycle.\n(c) You agree to make all payments in U.S. dollars in accordance with our\ninstructions online on the Petal Website, by phone or by a check or money order\ndrawn on a financial institution located in the U.S. All payments by check or\nmoney order must be mailed or delivered to us at the payment address shown on\n\n\x0cthe front of your monthly statement. Any payments received after the cut-off time\non a business day or received on a non-business day will be credited on the next\nbusiness day. However, credit to your Account may be delayed for up to five\ndays if we accept a check or money order that is not: (i) received by mail or\nmessenger service at the payment address on your monthly statement; or (ii)\naccompanied by the top portion of your monthly statement. Delayed crediting\nmay cause you to incur additional fees and interest charges, subject to applicable\nlaw.\n(d) Subject to applicable law, we may apply payments and other credits to your\nAccount in any manner we choose in our sole discretion. We will usually apply\nthe Minimum Payment first to interest charges and then to balances. Although\nyour Minimum Payment will be applied in any order at our discretion, payments in\nexcess of the Minimum Payment will be applied to balances with the highest APR\nfirst and then to lower rate balances in descending order of APR. This means\nthat balances with higher APRs are reduced before balances with lower APRs for\nany amount of your payment that is in excess of your Minimum Payment due.\n(e) All credits for payments to your Card are subject to final payment by the\ninstitution on which the payment item was drawn. Depending upon the type of\npayment you make, your available credit may not be restored for up to 20 days\nafter we receive a payment.\n(f) You agree not to send us payments marked \xe2\x80\x9cpaid in full,\xe2\x80\x9d \xe2\x80\x9cwithout recourse\xe2\x80\x9d or\nwith similar language. If you send such a payment, we may accept it without\nlosing any of our rights under this Agreement, including our right to collect the full\namount owed by you. All written communications concerning disputed amounts,\nincluding any check or other payment instrument that indicates that the payment\nconstitutes \xe2\x80\x9cpayment in full\xe2\x80\x9d of the amount owed or that is tendered with other\nconditions or limitations or as full satisfaction of a disputed amount, must be\nmailed or delivered to the Notice Address (as defined in Section 18), Attn:\nDisputed Payments.\n11. Prepayment. At any time, you may pay all or any part of your\noutstanding Account balance, without penalty. Payment of more than the\nminimum payment due in one billing cycle will not relieve you of the obligation to\npay the entire minimum payment due in subsequent billing cycles.\n12. Termination. Subject to applicable law, we may suspend, revoke or cancel\nyour Account privileges, your right to use the Card or deny any transaction, in our\nsole discretion at any time, with or without cause and with or without giving you\nnotice. Any termination of credit privileges, whether initiated by us or by you, will\nnot affect any of our rights or your obligations under this Agreement, including\n\n\x0cyour obligation to repay any amounts you owe us according to the terms of this\nAgreement. On our demand or upon termination of credit privileges, you agree to\nsurrender to us or destroy the Card. If you attempt to use the Card after the\ntermination of credit privileges (whether or not we have provided notice of such\ntermination), the Card may be retained by a merchant, ATM or financial\ninstitution where you attempt to use the Card.\n13. Default. Subject to applicable law, we may declare you to be in default under\nthis Agreement if: (a) you fail to pay any minimum payment due on or before the\npayment due date; (b) you attempt to or do exceed your credit limit; (c) you make\na payment that is dishonored or reversed; (d) you die or are declared legally or\nmentally incompetent; (e) a petition is filed or other proceeding is commenced by\nor against you under the Federal Bankruptcy Code or any other federal or state\ninsolvency laws; (f) you become insolvent or unable to pay your debts; (g) you\nprovide us with any false or misleading information; (h) you breach any of your\nother obligations under this Agreement; (i) you are in default of any other credit\nagreement you have with us or with Petal (as defined in Section 16); or (j) we\nhave any reason to believe you are unwilling or unable to pay your debts.\nIdaho, Iowa, Kansas, Maine and South Carolina Residents Only: We may\ndeclare you to be in default if you fail to make a payment as required by this\nAgreement (or within 10 days of the time required by this Agreement, for Iowa\nresidents) or if the prospect of your payment or performance is significantly\nimpaired (for Iowa residents, if, following an event of default, the prospect of your\npayment is materially impaired). We have the burden of establishing the\nimpairment of such prospect of payment or performance.\nWisconsin Residents: We may declare you to be in default (a) if you permit to\nbe outstanding an amount exceeding one full payment which has remained\nunpaid for more than 10 days after its scheduled due date or deferred due date,\nor if you fail to pay the first payment or last payment within 40 days of its\nscheduled due date or deferred due date or (b) if you fail to observe any other\nprovision of this Agreement, the breach of which materially impairs your ability to\npay the amounts due under the Agreement.\n14. Remedies. In the event of your default under this Agreement, we may,\nsubject to applicable law (including any applicable notice requirement): (a)\ndeclare all or any portion of your outstanding Account balance to be immediately\ndue and payable; (b) instead allow you to repay your Account balance by paying\nthe minimum payment due each billing cycle, without waiving any rights under\nsubsection (a); and/or (c) commence a collection action against you and charge\nyou for any court costs and/or any reasonable attorneys\xe2\x80\x99 fees and costs we are\ncharged in connection with such action by any attorney who is not our salaried\n\n\x0cemployee. After a default, interest charges will continue to accrue until your total\nAccount balance, including accrued interest charges, is paid in full, subject to\napplicable law.\n15. Delay in Enforcement. We may at any time and in our sole discretion delay\nor waive enforcing any of our rights or remedies under this Agreement or under\napplicable law without losing any of those or any other rights or remedies. Even if\nwe do not enforce our rights or remedies at any one time, we may enforce them\nat a later date. For example, we may accept late payments or payments that are\nmarked \xe2\x80\x9cpayment in full\xe2\x80\x9d or with other restrictive endorsements without losing any\nof our rights under this Agreement.\n16. Servicer. Petal Card, Inc. (\xe2\x80\x9cPetal\xe2\x80\x9d), along with its partners and service\nproviders, is the servicer of your Account and Card. In that capacity, Petal may\nact on our behalf, perform our obligations or enforce our rights under this\nAgreement.\n17. Communications and Call Recording. You authorize WebBank and Petal\nCard Inc. (one of WebBank\xe2\x80\x99s service providers) and each of WebBank\xe2\x80\x99s and/or\nPetal\xe2\x80\x99s joint or independent affiliates, agents, assigns, and service providers\n(collectively, the \xe2\x80\x9cMessaging Parties\xe2\x80\x9d) to use automatic telephone dialing\nsystems, artificial or prerecorded voice message systems, text messaging\nsystems and automated email systems, or any system capable of storing and\ndialing telephone numbers to deliver messages relating to this Agreement, your\nAccount, or your relationship with the Messaging Parties more generally\n(including but not limited to: messages about , upcoming Payment Due Dates,\nmissed payments and returned payments) to any telephone number(s) you\nprovide to the Messaging Parties. You also agree that these messages may\ndeliver prerecorded and/or artificial voice messages. You understand that\ntelephone messages may be played by a machine automatically when the\ntelephone is answered, whether answered by you or someone else, and that\nthese messages may also be recorded by your answering machine. You also\nauthorize the Messaging Parties to deliver messages to you via mail or email at\nany addresses you supply to them or that they obtain through any legal means.\nYou understand that anyone with access to your mail, telephone or email\naccount may listen to or read the messages the Messaging Parties leave or send\nyou, and you agree that the Messaging Parties will have no liability for anyone\naccessing such messages. You further understand that, when you receive a\ntelephone call, text message or email, you may incur a charge from the company\nthat provides you with telecommunications, wireless and/or internet services, and\nyou agree that the Messaging Parties will have no liability for such charges\nexcept to the extent required by applicable law. You expressly authorize the\n\n\x0cMessaging Parties to monitor and record your calls with the Messaging Parties. If\nany telephone number you have provided to the Messaging Parties changes, or if\nyou cease to be the owner, subscriber, or primary user of any such telephone\nnumber, you agree to immediately give notice to the Messaging Party who\ndelivered the messages of such facts so that the Messaging Party can update its\nrecords.\nThis authorization is part of our bargain concerning this Agreement, and we do\nnot intend it to be revocable. However, to the extent you have the right to revoke\nyour consent to communications by autodialed calls and text messages to your\nmobile number under applicable law, you may exercise this right by contacting\nthe applicable Messaging Party directly or by sending a request by email to\nsupport@petalcard.com with the subject line \xe2\x80\x9cEND COMMUNICATIONS.\xe2\x80\x9d You\nmay opt-out of receiving most of these messages at any time by sending us a\nrequest to support@petalcard.com or by responding \xe2\x80\x9cSTOP\xe2\x80\x9d to any text\nmessage. To stop emails only, you can follow the opt-out instructions included at\nthe bottom of the Messaging Parties\xe2\x80\x99 emails.\n18. Notices and Change in Information. All notices to us must be sent to Petal\nCard, Inc., MSC \xe2\x80\x93 166931, P.O. Box 105168, Atlanta, GA 30348-5168, or such\nother address we subsequently provide you (the \xe2\x80\x9cNotice Address\xe2\x80\x9d), Attn: Notices\n(or as otherwise set forth in this Agreement). To the extent permitted by\napplicable law, any notice you send us will become effective after we have\nreceived it and had a reasonable opportunity to act on such notice. Any written or\nelectronic correspondence we send to you will become effective when we send it\nto you at your mail address (or your email address if you have authorized\nelectronic communications), in each case as it appears on our records. All\nbankruptcy notices and related correspondence to us may be sent to Petal Card,\nInc., MSC \xe2\x80\x93 166931, Attn: Bankruptcy Notice, P.O. Box 105168, Atlanta, GA\n30348-5168. You must notify us of any changes to your name, mailing or email\naddress, or cell phone number within 15 days of such change. You must notify us\nof changes to your mailing, email address or cell phone number by updating such\ninformation on the Petal Website. You must notify of us changes to your name by\nwriting to the Notice Address, Attn: Name Change.\n19. Access to Financial Data. While the Account is open, you must provide us\nand our service providers access to financial data in all material financial\naccounts held in your name (e.g., bank accounts, credit card accounts, etc.) by\ninputting your login credentials and linking such accounts on the Petal Website.\nAccess to your financial data does not give us the right to initiate a preauthorized\ntransfer; we must obtain such authorization separately, and you are not required\nto provide us such authorization as a condition of opening or using this Card. You\npromise to keep login credentials up-to-date and to update the linked bank\n\n\x0caccounts on the Petal Website as login credentials change or new accounts are\nopened. We promise to use the information in such financial accounts in\ncompliance with our Privacy Policy and all applicable laws.\n20. Credit Reporting. You authorize us to obtain information from you and to\nmake whatever inquiries we consider necessary and appropriate (including\nrequesting consumer reports from consumer reporting agencies and data from\nyour bank, wealth manager or other financial services provider) in considering\nyour Application and for any lawful purpose, including any updates, renewals or\nextensions of credit, reviewing or collecting your Account or determining your\neligibility for future credit or other offers that we believe may be of interest to you.\nUpon your request to us, we will inform you of the name and address of any\nconsumer reporting agency that provides us a consumer report relating to\nyou. We may also furnish information concerning you and your Account to\nother creditors, other financial institutions and credit bureaus. Late\npayments, missed payments, returned payments or other defaults on your\nAccount may be reflected in your credit report.\n21. Inaccurate Information. You have the right to dispute the accuracy of\ninformation we have reported to a credit bureau. If you think any information\nabout your Account that we have reported is incorrect, please write us at the\nNotice Address, Attn: Credit Reporting. Include your name, address, Account\nNumber, phone number and a brief description of the issue. If available, please\ninclude a copy of the credit report in question. You may also contact us at the\nemail or phone number on your statement. We will research your issue and will\nlet you know if we agree or disagree with you. If we agree with you, we will\ncontact the consumer reporting agency we reported to and request a correction.\n22. Identity Theft. If you believe that you have been the victim of identity theft in\nconnection with your Account or in connection with any other loan or extension of\ncredit made by us, you can request an Identity Theft Form by calling toll free 1855-697-3825 or writing to Petal at the Notice Address, Attn: Identity Theft. You\nshould send us a police report and written statement in the form we provide you\nalleging that you are the victim of identity theft for a specific debt. Once we\nreceive your documentation, we will cease debt collection activity until we have\nreviewed the materials, determined that the debt is still collectible, complied with\nall obligations described in the Billing Rights Notice below and sent you a written\nnotice describing the basis for our determination.\n23. Military Lending Act. Federal law provides important protections to\nmembers of the Armed Forces and their dependents (\xe2\x80\x9cCovered Borrowers\xe2\x80\x9d)\nrelating to extensions of consumer credit. In general, the cost of consumer credit\nto a Covered Borrower may not exceed an APR of 36%. This rate must include,\n\n\x0cas applicable to the credit transaction or account, the costs associated with credit\ninsurance premiums, fees for ancillary products sold in connection with the credit\ntransaction, any application fee charged (other than certain application fees for\nspecified credit transactions or accounts) and any participation fee charged\n(other than certain bona fide and participation fees for a credit card account). To\nhear disclosures related to the Military Lending Act, please call this toll-free\nnumber: 1-800-213-5794.\n24. Lost or Stolen Cards. If your Card is lost or stolen or if you think someone\nmay be using your Card or Account without your permission, you must notify us\npromptly by calling 1-855-697-3825. You will not be liable for any unauthorized\nuse that occurs after you notify us. You may, however, be liable for unauthorized\nuse that occurs before receipt of your notice by us.\n25. Governing Law. Except as provided in the Arbitration Agreement below, this\nAgreement and your Account are governed by federal law and, to the extent\nstate law applies, the laws of the State of Utah without regard to its conflicts of\nlaw principles.\n26. Severability. Subject to the Arbitration Agreement: (a) if any part of this\nAgreement conflicts with applicable law, that law will control, and this Agreement\nwill be considered changed to the extent necessary to comply with that law; and\n(b) if any part of this Agreement is determined by a court of competent\njurisdiction to be invalid, the remainder of this Agreement will remain in effect.\n27. Bankruptcy. You promise that you are not a debtor under any proceeding in\nbankruptcy, have not consulted a bankruptcy attorney in the past six months and\nhave no current intention of filing a petition for relief under the United States\nBankruptcy Code. All bankruptcy notices and related correspondence to us must\nbe sent to Petal at the Notice Address, Attn: Bankruptcy Notice.\n28. Notice and Cure. Prior to initiating a lawsuit or arbitration regarding a legal\ndispute or claim relating in any way to this Agreement, the Account or the Card\n(as more fully defined in the Arbitration Clause, a \xe2\x80\x9cClaim\xe2\x80\x9d), the party asserting the\nClaim (the \xe2\x80\x9cClaimant\xe2\x80\x9d) must give the other party (the \xe2\x80\x9cDefending Party\xe2\x80\x9d) written\nnotice of the Claim (a \xe2\x80\x9cClaim Notice\xe2\x80\x9d) in accordance with the notice provisions of\nthis Agreement (see Section 18). Any Claim Notice you send must be addressed\nto the Notice Address, Attn: Legal Claim, and must provide your Account Number\nand phone number. Any Claim Notice must explain the nature of the Claim and\nthe relief that is demanded. The Claimant must reasonably cooperate in\nproviding any information about the Claim that the Defending Party reasonably\nrequests and must give the Defending Party a reasonable opportunity, not less\nthan 30 days, to resolve the Claim on an individual basis.\n\n\x0c29. Waiver of Right to Class Actions. NO CLASS ACTIONS. YOU AGREE\nAND ACKNOWLEDGE THAT PURSUANT TO UTAH CODE ANN. \xc2\xa7 70C-4-105\nYOU ARE WAIVING YOUR RIGHT TO INITIATE OR PARTICIPATE IN A\nCLASS ACTION RELATED TO THIS AGREEMENT.\n30. Waiver of Right to Trial by Jury. YOU AND WE ACKNOWLEDGE THAT\nTHE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT BUT MAY\nBE WAIVED IN CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED\nBY LAW. YOU AND WE KNOWINGLY AND VOLUNTARILY WAIVE ANY\nRIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF\nOR RELATED TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL\nNOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE\nARBITRATION CLAUSE, WHICH CONTAINS ITS OWN SEPARATE JURY\nTRIAL WAIVER.\n31. Entire Agreement. You acknowledge that this Agreement constitutes the\nentire agreement between you and us with respect to the Account and the Card.\nThis Agreement supersedes and may not be contradicted by evidence of any\nprior or contemporaneous written or oral communication or understanding\nbetween you and us concerning the Account or the Card. If we offer or provide\nrewards in connection with the Account, the disclosures relating to such rewards\nare separate and not part of this Agreement.\n32. Customer Privacy. Our privacy policy is provided separately in accordance\nwith applicable law and can be viewed online at\nhttps://www.petalcard.com/privacy-policy.\n33. Assignment. We may at any time and without notice to you, sell, pledge or\ntransfer this Agreement or any Account balances to any party at any time. If we\ndo so, then the purchaser, pledgee or transferee will succeed to all our applicable\nrights and responsibilities. You may not assign or transfer this Agreement or any\nof your rights and obligations under this Agreement. Any such assignment or\ntransfer by you will be void.\n34. Change of Terms. Subject to applicable law, we may at any time change,\nadd to or delete terms and conditions of this Agreement, including interest rates\nand this Change of Terms provision. Such changes may be based on our antifraud policies and procedures, your level of compliance with this Agreement, your\ncredit score, other information contained in your credit report, prevailing\neconomic conditions and/or any other factors. We will give you notice of any\nchange, addition or deletion as required by applicable law. As of the effective\ndate, the changed terms, at our option, will apply to new purchases and the\n\n\x0coutstanding balances of your Account, to the extent permitted by applicable law.\n35. Special Offers and Payment Plans. At our discretion, we may make special\noffers to you at any time. Such offers may apply to all purchases or balances on\nyour Account, or only to some purchases or balances. We will provide to you the\nterms of any special offer and tell you how they differ from this Agreement.\nExcept as provided in any special offer, the rest of this Agreement will still apply\nto your Account. These offers may include payment plans and skip payment\noffers. We may make special offers to certain cardholders and not others based\non eligibility criteria established in our sole discretion. The availability of such an\noffer to certain cardholders shall not require that the offer be made available to all\ncardholders.\n36. Recurring Purchases. You may authorize a merchant to initiate purchases\non a recurring basis to your Account. Upon the issuance by us of a new Card\nwith a new Account number or expiration date, you may need to provide the\nmerchant with such updated information in order to continue the recurring\ntransactions. However, you authorize us to provide updated information to the\nmerchant at our discretion. You must contact the merchant if you want to cancel\nautomatic billing.\n37. Check Conversion Notification; Electronic Check Re-Presentment If you\nprovide a check as payment, you authorize us either to use information from your\ncheck to make a one-time electronic fund transfer from your bank account or to\nprocess the payment as a check transaction. When we use information from your\ncheck to make an electronic funds transfer, funds may be withdrawn from your\nbank account as soon as the same day we receive your payment, and you will\nnot receive your check back from your financial institution. In the event a check is\nreturned unpaid for insufficient or uncollected funds, we may re-present the\ncheck electronically.\n38. Foreign Currency Transactions. If you make a transaction using your\nAccount in a foreign currency (including, for example, online purchases from a\nmerchant located outside of the U.S.), the credit card association will convert any\ntransaction in foreign currency into U.S. dollars using an exchange rate for the\napplicable central processing date that is (1) selected by the association from the\nrange of rates available in wholesale currency markets, which rate may vary from\nthe rate the association receives, or (2) the government mandated rate. The\nconversion rate you get may differ from the rate on the transaction date or the\nposting date, and from the rate that the credit card association gets. A merchant\nor other third party may convert a transaction into U.S. dollars or another\ncurrency, using a rate they select, before sending it to the credit card association.\n\n\x0c39. Headings. The section headings of this Agreement are inserted only for\nconvenience and are in no way to be construed as substantive parts of this\nAgreement.\nARBITRATION CLAUSE\xe2\x80\x94EXHIBIT A\nWe have put this Arbitration Clause (\xe2\x80\x9cClause\xe2\x80\x9d) in question and answer form to\nmake it easier to understand. However, this Clause is part of this Agreement and\nis legally binding. For purposes of this Clause, our Notice Address is: Petal Card,\nInc., Attn: Petal Legal Department, MSC \xe2\x80\x93 166931, P.O. Box 105168, Atlanta,\nGA 30348-5168.\nBackground and Scope.\nQuestion\nShort Answer\nFuther Detail\n\nWhat is arbitration?\nAn alternative to a court case\nIn arbitration, a third party arbitrator (\xe2\x80\x9cTPA\xe2\x80\x9d) resolves \xe2\x80\x9cClaims\xe2\x80\x9d (as defined below) in a\nhearing. It is less formal than a court case.\nIs it different from court and jury trials?\nYes\nThe hearing is private. There is no jury. It is usually less formal, faster and less\nexpensive than a lawsuit. Pre-hearing fact finding (called \xe2\x80\x9cdiscovery\xe2\x80\x9d) is limited. Appeals\nare limited. Courts rarely overturn arbitration awards.\nCan you opt-out of this Clause?\nYes, within 30 days\nIf you do not want this Clause to apply, you must send us a signed notice within 30\ncalendar days after you agree to this Agreement. You must send the notice in writing\n(and not electronically) to our Notice Address, Attn. Arbitration Opt-Out Notice. Provide\nyour name, address and date. State that you \xe2\x80\x9copt out\xe2\x80\x9d of the arbitration clause.\nWhat is this Clause about?\nThe parties\' agreement to arbitrate Claims\nUnless you are a member of the Armed Forces or a dependent of such a member,\nprotected by the MLA (a \xe2\x80\x9cCovered Borrower\xe2\x80\x9d) or unless you opt out, you and we agree\nthat any party may elect to arbitrate or require arbitration of any "Claim" as defined\nbelow.\nWho does the Clause cover?\nYou, us, Petal and certain "Related Parties"\nThis Clause governs you, us and our \xe2\x80\x9cRelated Parties": (1) Petal; (2) our and Petal\xe2\x80\x99s\nparents, subsidiaries, affiliates, assigns and successors; (3) employees, directors,\nofficers, shareholders, members and representatives of ours or such other entities; and\n(4) any person or company that is involved in a Claim you pursue at the same time you\npursue a related Claim against the Bank or Petal. However, this Clause does not\napply if you are a Covered Borrower.\n\n\x0cWhat Claims does the Clause cover?\nAll Claims (except certain Claims about this Clause)\nThis Clause governs all \xe2\x80\x9cClaims\xe2\x80\x9d that would usually be decided in court and are\nbetween the Bank or any Related Party and you. In this Clause, the word \xe2\x80\x9cClaims\xe2\x80\x9d has\nthe broadest reasonable meaning. It includes contract and tort (including intentional tort)\nclaims and claims under constitutions, statutes, ordinances, rules and regulations. It\nincludes all claims even indirectly related to the Card or Account, your application for\nthe Account, this Agreement or our relationship with you. It includes claims related to\ncollections, privacy and customer information. It includes claims related to the validity in\ngeneral of this Agreement. However, it does not include Claims about the validity,\ncoverage or scope of this Clause or any part of this Clause. All such Claims are\nfor a court and not the TPA to decide.\nWho handles the arbitration?\nUsually AAA or JAMS\nArbitrations are conducted under this Clause and the rules of the arbitration company in\neffect at the time the arbitration is commenced. However, arbitration rules that conflict\nwith this Clause do not apply. The arbitration company will be either:\n-- The American Arbitration Association ("AAA"), 1633 Broadway, 10th Floor, New York,\nNY 10019, www.adr.org.\n-- JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com.\n-- Any other company picked by agreement of the parties.\nIf all the above options are unavailable, a court will pick the arbitration company. No\narbitration brought on a class basis may be administered without our consent by\nany arbitration company that would permit class arbitration under this\nClause. The TPA will be selected under the arbitration company\'s rules. However, the\narbitrator must be a lawyer with at least ten years of experience or a retired judge\nunless you and we otherwise agree.\nCan Claims be brought in court?\nSometimes\nYou or we may bring a lawsuit if the other party does not demand arbitration. We will not\ndemand arbitration of any lawsuit you bring as an individual action in small-claims court.\nHowever, we may demand arbitration of any appeal of a small-claims decision or any\nsmall-claims action brought on a class basis.\nAre you giving up any rights?\nYes\nFor Claims subject to this Clause, you give up your right to:\n1. Have juries decide Claims.\n2. Have courts, other than small-claims courts, decide Claims.\n3. Serve as a private attorney general or in a representative capacity.\n4. Join a Claim you have with a Claim by other consumers.\n5. Bring or be a class member in a class action or class arbitration.\n\n\x0cWe also give up the right to a jury trial and to have courts decide Claims you wish\nto arbitrate.\nCan you or another consumer start class arbitration?\nNo\nThe TPA is not allowed to handle any Claim on a class or representative basis. All\nClaims subject to this Clause must be decided in an individual arbitration or an\nindividual small-claims action. This Clause will be void if a court rules that the TPA can\ndecide a Claim on a class basis and the court\'s ruling is not reversed on appeal.\nWhat happens if part of this Clause cannot be enforced?\nIt depends.\nIf any portion of this Clause cannot be enforced, the rest of this Clause will continue to\napply, except that:\n(A) If a court rules that the TPA can decide a Claim on a class or other representative\nbasis and the court\'s ruling is not reversed on appeal, only this sentence will apply and\nthe remainder of this Clause will be void. AND\n(B) If a party brings a Claim seeking public injunctive relief and a court determines that\nthe restrictions in this Clause prohibiting the TPA from awarding relief on behalf of third\nparties are unenforceable with respect to such Claim (and that determination becomes\nfinal after all appeals have been exhausted), the Claim for public injunctive relief will be\ndetermined in court and any individual Claims seeking monetary relief will be\narbitrated. In such a case the parties agree to request that the court stay the Claim for\npublic injunctive relief until the arbitration award pertaining to individual relief has been\nentered in court.\nIn no event will a Claim for class relief or public injunctive relief be arbitrated.\nWhat law applies?\nThe Federal Arbitration Act (\xe2\x80\x9cFAA\xe2\x80\x9d)\nThis agreement involves interstate commerce. Thus, the FAA governs this Clause. The\nTPA must apply substantive law consistent with the FAA. The TPA must honor statutes\nof limitation and privilege rights. Punitive damages are governed by the constitutional\nstandards that apply in judicial proceedings.\nWill anything you do make this Clause ineffective?\nNo\nThis Clause stays in force even if: (1) this Agreement ends; or (2) we transfer or assign\nour rights under this Agreement.\n\nPROCESS\n\nQuestion\nShort Answer\n\n\x0cFuther Detail\nWhat must a party do before starting a lawsuit or arbitration?\nSend a written Claim Notice and work to resolve the Claim\nBefore starting a lawsuit or arbitration, the Claimant must comply with Section 28 of this\nAgreement, captioned \xe2\x80\x9cNotice and Cure.\xe2\x80\x9d\nHow does arbitration start?\nMailing a notice\nThe hearing is private. There is no jury. It is usually less formal, faster and less\nexpensive than a lawsuit. Pre-hearing fact finding (called \xe2\x80\x9cdiscovery\xe2\x80\x9d) is limited. Appeals\nare limited. Courts rarely overturn arbitration awards.\nWill any hearing be held nearby?\nYes\nThe TPA may decide that an in-person hearing is unnecessary and that he or she can\nresolve a Claim based on written filings and/or a conference call. However, any inperson arbitration hearing must be held at a place reasonably convenient to you.\nWhat about appeals?\nVery limited\nAppeal rights under the FAA are very limited. The TPA\'s decision will be final and\nbinding, except for any FAA appeal right. Any appropriate court may enter judgment\nupon the arbitrator\'s award.\nDo arbitration awards affect other disputes?\nNo\nNo arbitration award involving the parties will have any impact as to issues or claims in\nany dispute involving anyone who is not a party to the arbitration, nor will an arbitration\naward in prior disputes involving other parties have any impact in an arbitration between\nthe parties to this Clause.\n\nARBITRATION FEES AND AWARDS.\n\nQuestion\nShort Answer\nFuther Detail\n\nWho bears arbitration fees?\nUsually, we do\nWe will pay all filing, administrative, hearing and TPA fees if you act in good faith,\ncannot get a waiver of such fees and ask us to pay.\nWhen will we cover your legal fees and costs?\nIf you win\nIf you win an arbitration, we will pay your reasonable fees and costs for attorneys,\nexperts and witnesses. We will also pay these amounts if required under applicable law\nor the arbitration company\'s rules or if payment is required to enforce this Clause. The\nTPA shall not limit his or her award of these amounts because your Claim is for a small\namount.\n\n\x0cWill you repay us for arbitration or attorneys\' fees?\nOnly for bad faith\nThe TPA can require you to pay fees incurred by us if (and only if): (1) the TPA finds\nthat you have acted in bad faith (as measured by the standards set forth in Federal Rule\nof Civil Procedure 11(b)); and (2) this power does not make this Clause invalid.\nCan a failure to resolve a Claim informally result in a larger recovery for you?\nYes\nYou are entitled to an arbitration award of at least $5,000 if: (1) you give us notice of a\nClaim on your own behalf (and not on behalf of any other party) and comply with all of\nthe requirements of this Clause (including the requirements described in response to\nthe question reading "What must a party do before starting a lawsuit or arbitration?)";\nand (2) the TPA awards you money damages greater than the last amount you\nrequested at least ten days before the arbitration commenced. This is in addition to the\nattorneys\' fees and expenses (including expert witness fees and costs) to which you are\notherwise entitled. This $5,000 minimum award is a single award that applies to all\nClaims you have raised or could have raised in the arbitration. Multiple awards of\n$5,000 are not contemplated by this Clause. Settlement demands and offers are strictly\nconfidential. They may not be used in any proceeding by either party except to justify a\nminimum recovery of $5,000.\nCan an award be explained?\nYes\nA party may request details from the TPA, within 14 days of the ruling. Upon such\nrequest, the TPA will explain the ruling in writing.\n\nBILLING-ERROR RIGHTS NOTICE\xe2\x80\x94EXHIBIT B\nWhat To Do If You Think You Find A Mistake On Your Statement\nIf you think there is an error on your statement, write to us at:\nWebBank, c/o Petal Card, Inc., MSC \xe2\x80\x93 166931, P.O. Box 105168, Atlanta, GA\n30348-5168, Attn: Billing Dispute.\nYou also may send us an email to support@petalcard.com with the subject line\n\xe2\x80\x9cDISPUTE\xe2\x80\x9d.\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\nwhat you believe is wrong and why you believe it is a mistake.\n\n\x0cYou must contact us within 60 days after the error appeared on your statement.\nYou must notify us of any potential errors in writing or electronically. You may call\nus, but if you do we are not required to investigate any potential errors and you\nmay have to pay the amount in question.\nWhile we investigate whether or not there has been an error, the following are\ntrue:\n\xe2\x80\xa2 We cannot try to collect the amount in question, or report you as delinquent on\nthat amount.\n\xe2\x80\xa2 The charge in question may remain on your statement, and we may continue to\ncharge you interest on that amount. But, if we determine that we made a mistake,\nyou will not have to pay the amount in question or any interest or other fees\nrelated to that amount.\n\xe2\x80\xa2 While you do not have to pay the amount in question, you are responsible for\nthe remainder of your balance.\n\xe2\x80\xa2 We can apply any unpaid amount against your credit limit.\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\nyour credit card, and you have tried in good faith to correct the problem with the\nmerchant, you may have the right not to pay the remaining amount due on the\npurchase.\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\nyour current mailing address, and the purchase price must have been more than\n$50. (Note: Neither of these is necessary if your purchase was based on an\nadvertisement we mailed to you, or if we own the company that sold you the\ngoods or services.)\n2. You must have used your credit card for the purchase. To the extent we offer\nthem, purchases made with cash advances from an ATM or with a check that\naccesses your credit card account do not qualify.\n3. You must not yet have fully paid for the purchase.If all of the criteria above are\nmet and you are still dissatisfied with the purchase, contact us in writing or\n\n\x0celectronically at:\nWebBank, c/o Petal Card, Inc., MSC \xe2\x80\x93 166931, P.O. Box 105168, Atlanta, GA\n30348-5168, Attn: Billing Dispute.\nYou also may send us an email to support@petalcard.com with the subject line\n\xe2\x80\x9cDISPUTE\xe2\x80\x9d.\nWhile we investigate, the same rules apply to the disputed amount as discussed\nabove. After we finish our investigation, we will tell you our decision. At that point,\nif we think you owe an amount and you do not pay we may report you as\ndelinquent.\nSTATE NOTICES\xe2\x80\x94EXHIBIT C\nResidents of All States: NOTICE TO THE APPLICANT - 1. DO NOT SIGN\nTHIS CREDIT AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS\nBLANK SPACES. 2. YOU ARE ENTITLED TO A COMPLETELY FILLED IN\nCOPY OF THIS CREDIT AGREEMENT AND AN EXACT COPY OF THE\nPAPER YOU SIGN. 3. YOU MAY AT ANY TIME PAY MORE THAN THE\nMINIMUM PAYMENT, OR YOUR ENTIRE BALANCE IN FULL WITHOUT\nINCURRING ANY ADDITIONAL CHARGE FOR PREPAYMENT.\nCardmembers: Your signature (including any digital or electronic signature),\naddress and the date on the application, or other evidence of indebtedness, or\nyour acceptance of these Terms and Conditions through an electronic\ntransmission to us represents your signature, address and the date on these\nTerms and Conditions, which are incorporated herein by reference.\nResidents of All States, including California, New York, Rhode Island, Utah\nand Vermont: You give us and our agents, successors, and assigns permission\nto access your credit report in connection with any transaction, or extension of\ncredit, and on an ongoing basis, for the purpose of reviewing this Account, taking\ncollection action on this Account, or for any other legitimate purposes associated\nwith this Account. Upon your request, you will be informed of whether or not a\nconsumer credit report was ordered, and if it was, you will be given the name and\naddress of the consumer reporting agency that furnished the report. As required\nby law, you are hereby notified that a negative credit report reflecting on your\ncredit record may be submitted to a credit reporting agency if you fail to fulfill the\nterms of your credit obligations.\nResidents of All States, including Iowa, Maine, Missouri, Nebraska, Oregon,\n\n\x0cTexas, Utah and Washington: ORAL AGREEMENTS OR COMMITMENTS TO\nLOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING\nREPAYMENT OF A DEBT, INCLUDING PROMISES TO EXTEND OR RENEW\nSUCH DEBT, ARE NOT ENFORCEABLE. TO PROTECT YOU (BORROWER)\nAND US (CREDITOR) FROM MISUNDERSTANDING OR DISAPPOINTMENT,\nANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE\nCONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE\nSTATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY\nLATER AGREE IN WRITING TO MODIFY IT.\nCalifornia Residents: Married applicants may apply for separate accounts.\nDelaware, Maryland and Oregon Residents: Service charges not in excess of\nthose permitted by law will be charged on the outstanding balances from month\nto month. You may pay more than the minimum payment due, up to your entire\noutstanding balance, at any time.\nIdaho Residents: We will not seek to collect attorneys\xe2\x80\x99 fees in situations where\nthe principal balance is $1000.00 or less.\nIllinois Residents: (a) No applicant may be denied a credit card on account of\nrace, color, religion, national origin, ancestry, age, sex, marital status, physical or\nmental handicap unrelated to the ability to pay or unfavorable discharge from\nmilitary service; (b) the applicant may request the reason for rejection of his or\nher application for a credit card; (c) no person need reapply for a credit card\nsolely because of a change in marital status unless the change in marital status\ncaused a deterioration in the person\xe2\x80\x99s financial position; and (d) a person may\nhold a credit card in any name permitted by law that he or she regularly uses and\nis generally known by, so long as no fraud is intended thereby.\nMaryland Residents: You have the right under Section 12-510 of the\nCommercial Law Code to receive an answer to a written inquiry concerning the\nstatus of your Account. Finance charges will be imposed in amounts or at rates\nnot in excess of those permitted by law.\nNew Hampshire Residents: You shall be awarded reasonable attorney\'s fees if\nyou prevail in any legal action you bring against us or we bring against you. If you\nsuccessfully assert a partial defense, set-off or counterclaim against us in an\naction we bring against you, the court or arbitrator may withhold from us the\nentire amount or such portion of the attorney\'s fees as it considers equitable. You\nor your attorney may file a complaint with the New Hampshire Commissioner of\nBanking, State of New Hampshire Banking Department, 53 Regional Drive, Suite\n200, Concord NH 03301. Instructions for filing complaints can be found on the\n\n\x0cCommissioner\'s website at www.nh.gov/banking/consumerassistance/complaint.htm.\nNew Jersey Residents: Because certain provisions of the Agreement are\nsubject to applicable laws, they may be void, unenforceable or inapplicable in\nsome jurisdictions. None of these provisions, however, is void, unenforceable or\ninapplicable to New Jersey residents. The section headings in this Agreement\nserve as a Table of Contents and not contract terms.\nNew York Residents: New York residents may contact the New York State\nDepartment of Financial Services to obtain a comparative listing of credit card\nrates, fees and grace periods by calling 1-800-342-3736, or on the web at\nwww.dfs.ny.gov.\nOhio Residents: The Ohio laws against discrimination require that all creditors\nmake credit equally available to all creditworthy customers, and that credit\nreporting agencies maintain separate credit histories on each individual upon\nrequest. The Ohio Civil Rights Commission administers compliance with this law.\nWashington Residents: In accordance with the Revised Code of Washington\nStatutes, Section 63.14.167, you are not responsible for payment of interest\ncharges that result solely from a merchant\'s failure to transmit to us within seven\nworking days a credit for goods or services accepted for return or forgiven if you\nhave notified us of the merchant\'s delay in posting such credit, or our failure to\npost such credit to your account within three working days of our receipt of the\ncredit.\nMarried Wisconsin Residents: If you are married: (i) you confirm that this\nAccount is being incurred in the interest of your marriage or family; (ii) no\nprovision of any marital property agreement, unilateral statement, or court decree\nunder the Wisconsin Marital Property Act will adversely affect a creditor\'s interest\nunless, before the time credit is granted, the creditor is furnished a copy of that\nagreement or decree or is given complete information about the agreement or\ndecree; (iii) you understand and agree that we will provide a copy of this\nAgreement to your spouse for his or her information. If the Account for which you\nare applying is granted, you will notify us if you have a spouse by sending your\nname and your spouse\'s name and address to us at WebBank, c/o Petal Card,\nInc., MSC \xe2\x80\x93 166931, P.O. Box 105168, Atlanta, GA 30348-5168.\nMarried Wisconsin Residents: If you are applying for individual credit or joint\ncredit with someone other than your spouse, and your spouse also lives in\nWisconsin, combine your financial information with your spouse\'s financial\ninformation.\n\n\x0c\x0c'