b'Deserve\xc2\xae EDU Cardholder Agreement\n\nApril 2020\nDeserve\xc2\xae EDU Cardholder Agreement for Cards issued by Celtic Bank\nThis Deserve\xc2\xae EDU Cardholder Agreement (\xe2\x80\x9cCardholder Agreement\xe2\x80\x9d) outlines the terms and\nconditions under which the Deserve\xc2\xae EDU Mastercard (the \xe2\x80\x9cCard\xe2\x80\x9d) is issued to you by Celtic\nBank, a Utah-Chartered Industrial Bank, Member FDIC ( \xe2\x80\x9cus,\xe2\x80\x9d \xe2\x80\x9cwe,\xe2\x80\x9d \xe2\x80\x9cour,\xe2\x80\x9d or the like). This\nCard is designed specifically for students studying at colleges & universities in the United\nStates. Please review this in detail to be sure you understand all of the terms and conditions\nwith using this Card.\n\nThere are three main parts to this Cardholder Agreement: Pricing Information, Customer\nAgreement, and Your Billing Rights. The Pricing Information shows the primary pricing\nterms for this Card for new accounts available under this Agreement. The Customer\nAgreement contains important information related to how we will administer the credit card\nprogram. Plus, any other disclosures or notices that are referenced or issued are part of this\nAgreement. Your Billing Rights summarizes certain rights provided to you by law that are\nrelated to billing on your Card account (\xe2\x80\x9cAccount\xe2\x80\x9d).\n\nTHIS AGREEMENT REQUIRES CLAIMS TO BE ARBITRATED AND FORBIDS\nCLASS ACTIONS UNLESS YOU (1) ARE SUBJECT TO THE PROTECTIONS OF THE\nMILITARY LENDING ACT OR (2) EXERCISE YOUR RIGHT TO REJECT\nARBITRATION AS PROVIDED IN THE ARBITRATION PROVISION OF THIS\nAGREEMENT.\n\nPRICING INFORMATION\n\n\x0cInterest Rate and Interest Charges\n\n18.74% (Prime +15.49%), based on your\nAnnual Percentage Rate\n(APR) for Purchases\n\ncreditworthiness when you open your Account.\nThis APR will vary with the market based on the Prime\nRate.\n\nAPR for Balance Transfers\n\nN/A (Balance Transfers are not available)\n\nAPR for Cash Advances\n\nN/A (Cash Advances are not available)\n\nHow to Avoid Paying\nInterest\n\nMinimum Interest Charge\n\nFor Credit Card Tips from\nthe Consumer Financial\nProtection Bureau\n\nYour due date is at least 23 days after the close of each billing\ncycle. We will not charge you any interest on purchases if you\npay your entire balance by the due date each month.\nIf you are charged interest, the charge will be no less than\n$1.00.\nTo learn more about factors to consider when applying for\nor using a credit card, visit the Consumer Financial\nProtection Bureau\xe2\x80\x99s website at http://\nwww.consumerfinance.gov/learnmore\n\nFees\nAnnual Fee\n\nNone\n\nTransaction Fees\n\xe2\x80\xa2\n\nBalance Transfer\n\n\xe2\x80\xa2\n\nN/A (Balance Transfers are not available)\n\n\xe2\x80\xa2\n\nCash Advance\n\n\xe2\x80\xa2\n\nN/A (Cash Advances are not available)\n\n\xe2\x80\xa2\n\nForeign Transactions\n\n\xe2\x80\xa2\n\nNone\n\nPenalty Fees\n\xe2\x80\xa2\n\nLate Payment\n\n\xe2\x80\xa2\n\nUp to $25\n\n\xe2\x80\xa2\n\nOver-the-Credit Limit\n\n\xe2\x80\xa2\n\nNone\n\n\xe2\x80\xa2\n\nReturned Payment\n\n\xe2\x80\xa2\n\nUp to $37\n\n\x0cHow We Will Calculate Your Balance: We use a method called Average Daily Balance\n(including new purchases). See Customer Agreement for details.\n\nBilling Rights: Information on your rights to dispute transactions and how to exercise those\nrights is provided in your Agreement.\n\nCUSTOMER AGREEMENT\nWelcome to the Deserve\xc2\xae EDU Card by Celtic Bank!\nThank you for opening a credit Card Account with us. This Customer Agreement (\xe2\x80\x9cAgreement\xe2\x80\x9d)\ncontains the terms for your Card.\n\nSome Definitions.\nThe meanings of the terms you see in italics appear in the Glossary Section. We also have links\nto certain terms and definitions.\n\nTo make the Agreement easy to understand, we will also use the following personal pronouns\n"You,\xe2\x80\x9d \xe2\x80\x9cyour,\xe2\x80\x9d and \xe2\x80\x9cyourself\xe2\x80\x9d mean each applicant for the Account; any person responsible for\npaying the Account; and anyone You authorize to use, access or service the Account.\n\xe2\x80\x9cWe,\xe2\x80\x9d \xe2\x80\x9cus,\xe2\x80\x9d \xe2\x80\x9cour,\xe2\x80\x9d \xe2\x80\x9cCeltic Bank\xe2\x80\x9d means Celtic Bank, a Utah-Chartered Industrial Bank,\nMember FDIC; and its agents, authorized representatives, successors, and assignees. All\nDeserve cards are issued by Celtic Bank.\n\nThings You Should Know About This Card\nHow are the Balance and Interest Charges calculated?\nWe use the Average Daily Balance Method (Including Current Transactions).\nWe figure the interest charge on your Account by applying the periodic rate to the \xe2\x80\x9caverage daily\nbalance\xe2\x80\x9d of your Account. To get the \xe2\x80\x9caverage daily balance\xe2\x80\x9d we take the beginning balance of\nyour Account each day, add any new purchases/fees, and subtract any unpaid interest or other\n\n\x0cfinance charges and any payments or credits. This gives us the daily balance. Then, we add up all\nthe daily balances for the billing cycle and divide the total by the number of days in the billing\ncycle. This gives us the \xe2\x80\x9caverage daily balance.\xe2\x80\x9d\n\nHow is your Variable APR Calculated?\n\xe2\x80\xa2\n\nYour variable Annual Percentage Rate (APR) is calculated by adding a margin (currently\n15.49%) to the Prime Rate.\n\n\xe2\x80\xa2\n\nWe use the Prime Rate from the rates section of the Wall Street Journal, published two\nbusiness days before the end of the Billing Cycle.\n\nYour Daily Periodic Rate (DPR) is 1/365th of the corresponding APR.\nIf the Wall Street Journal does not publish a rate on that day, we will use the Prime Rate for the\nprevious business day. If the Wall Street Journal is no longer published, we may use the Prime\nRate from any other newspaper. Or, we may choose to use a different, similar published rate.\nIf the Prime Rate increases, Variable APRs will increase. In that case, you may pay more interest\nand may have a higher payment or balance due. When the Prime Rate changes, the resulting\nchanges to Variable APRs take effect as of the first day of the next Billing Cycle.\n\nHow can I avoid paying Interest Charges?\nIf you pay your statement\xe2\x80\x99s \xe2\x80\x9cNew Balance\xe2\x80\x9d in full by the due date, we will not charge interest on\nany new transactions that post to the Purchase balance. If you have been paying your account in\nfull with no interest charges, but then you do not pay your next \xe2\x80\x9cNew Balance\xe2\x80\x9d in full, we will\ncharge interest on the portion of the balance that you did not pay.\n\nHow is the Interest Charge applied?\nInterest charges accrue from the 1) date of the transaction, 2) date the transaction is processed, or\n3) first calendar day of the billing period. Interest charges accrue on every unpaid amount until it\nis paid in full. This means you may owe interest charges even if you pay the entire \xe2\x80\x9cNew\nBalance\xe2\x80\x9d one month, but did not do so for the previous month. Unpaid interest charges are added\n\n\x0cto the proper segment of your Account. However, we reserve the right to not assess interest\ncharges at any time.\n\nCan You Change My Account Terms?\nAlthough we don\xe2\x80\x99t plan to, we can change some terms of your Account as permitted by law. If\nwe do change any of the terms in this Cardholder Agreement, we will send you notice before\ndoing so. Please review this Cardholder Agreement in full to be sure you understand the current\nterms for your Card.\n\nYour APR, daily periodic rate, and interest charges will change if the Prime Rate changes.\n\nAccount Documents.\nYour Account with us is governed by the following documents:\n\xe2\x80\xa2\n\nthis document;\n\n\xe2\x80\xa2\n\nall Statements;\n\n\xe2\x80\xa2\n\nany Privacy Notices describing our limitations on sharing information about you with\nothers;\n\n\xe2\x80\xa2\n\nany Card benefits brochure which describes benefits provided by the Payment Card\nNetwork for your Card and Account. The most current version of your Card benefits\nbrochure will replace all prior versions;\n\n\xe2\x80\xa2\n\nall disclosures and materials provided to you before or when you opened your Account,\nincluding Truth in Lending Disclosures;\n\n\xe2\x80\xa2\n\nall other documents and disclosures relating to your Account including those provided\nonline; and\n\n\xe2\x80\xa2\n\nany future changes we make to any of the above documents.\n\nPlease read these carefully and keep them for future reference. An image of any of these can be\nused instead of the original.\n\n\x0cNew Offers.\nIn the future, we may make new offers to you or forward offers from others that we think you\nmight be interested in. These offers may have different terms and documentation which will be\nprovided when we make you the offer. If you accept the offer, all previously disclosed terms will\nstill apply except as modified by the offer.\n\nFor more information about what we and our service providers may share and how to opt out,\nplease review the Privacy Notice. You can see how we and our service providers collect, use and\nstore your data in our Privacy Policy.\n\nConsent to Electronic Documents.\nWe are committed to offering services to You in a convenient, controlled, and secure manner.\nTherefore, the online Card application and approval process has been designed around the\nexpectation that all documents and information required to be provided to You will be provided\nelectronically. We may still deliver paper documents and if we do so, we are not waiving any of\nthese rights. By proceeding with the online application or activating your Card, you agree to the\nterms detailed in our Electronic Consent Policy, found at www.deserve.com/electronic-consentpolicy, as amended from time to time. Please review this Policy to ensure you understand and\nagree with all of the terms; while we have summarized our terms and conditions here, the\nElectronic Consent Policy details all of Your and Our rights and obligations. If at any time after\nyou submit the application you change your mind and wish to no longer receive documents and\ninformation electronically, please notify us as detailed in the Electronic Consent Policy.\nUnderstand that this may result in an adverse decision on your Application.\n\nAccount Information.\nWe need information about you to manage your Account. The information may include:\n\xe2\x80\xa2\n\nyour legal name;\n\n\xe2\x80\xa2\n\na valid U.S. mailing address and residential address (if different);\n\n\xe2\x80\xa2\n\nyour date of birth;\n\n\x0c\xe2\x80\xa2\n\nyour Social Security Number, Passport Number, and/or other government identification\nnumber, if available;\n\n\xe2\x80\xa2\n\nyour telephone number(s);\n\n\xe2\x80\xa2\n\nyour employment, income, and asset information;\n\n\xe2\x80\xa2\n\nyour educational history and information;\n\n\xe2\x80\xa2\n\nyour citizenship status and information; and\n\n\xe2\x80\xa2\n\nother related information as deemed necessary.\n\nYou must tell us when this information changes. Please update your address in the manner\nprovided on your Statement. You may also update some of this information by logging onto your\nAccount on our website or by calling one of our representatives at the telephone number\nprovided on your Statement or on the back of your Card. We may require you to provide\nadditional documents that are acceptable to us to verify this information or any changes. We\nmaintain the right to restrict or close your Account if your information cannot be verified or if\nyou do not provide additional information as requested.\nYou also give us permission to verify or research, with a third party, the information you provide\nto us. This permission includes, without limitation, verifying or researching your information\nwith SheerID, LexisNexis (or similar), United States Department of Homeland Security, and the\nUnited States Department of the Treasury.\n\nCredit Limit.\nWhen you open your Account, you will receive your credit limit. This will also appear on your\nStatements. We might also refer to your credit limit as your credit line.\nYou are responsible for keeping track of your Account balances and your available credit limit.\nDo not allow your Account to go over any credit limit, as the transaction could be declined or\nyour credit score could be adversely affected. We may still honor transactions above your credit\nlimit, but our honoring of these transactions will not increase your credit limit. We may also\nincrease, decrease, restrict, or cancel your credit limit at any time. This will not affect your\nobligation to pay us.\n\n\x0cUsing Your Account.\nYou promise to follow the terms of this Agreement as long as your Account remains open or has\na balance. Please sign the Card immediately when you receive it. The Card is valid during the\ndates provided on the front. The Card is our property, and you will return it to us or destroy it if\nwe ask. You will take reasonable steps to prevent the unauthorized use of your Card and\nAccount.\nWe are not responsible if anyone refuses to accept your Card for any reason. Also, we may reject\nany transaction for any reason. Unless we tell you otherwise, we will bill each transaction to the\napplicable Segment of your Account and apply it against your available credit limit for the\nAccount and Card for that Segment in each Billing Cycle.\nYou must not use, or try to use, the Card for any Internet gambling transactions or transactions\nthat are illegal or not permitted by us. You will still be responsible for such transactions if you\ndo. In addition, these transactions will be subject to this Agreement, and you might have to\nreimburse the Payment Card Network and us for all damages and expenses.\nFrom time to time, due to circumstances beyond our control (such as system failures, fires,\nfloods, natural disasters, or other unpredictable events) our services might be unavailable. When\nthis happens, you might be unable to use your Card or obtain information about your Account.\nWe will not be responsible or liable if this happens.\n\nYour Promise to Pay.\nYou promise to pay us all amounts due on your Account. This includes amounts where you did\nnot sign a purchase slip or other documents for the transaction. If you use your Card number\nwithout presenting your actual Card (including without limitation mail, telephone, or internet\npurchases), this will be treated the same way as if you used the Card in person. If you let\nsomeone else use your Card, you are responsible for all transactions that person makes. Your\npromise to pay us will apply to your estate if you die.\n\nStatements.\nWe will send you one Statement for all Cards on your Account unless the law does not require or\n\n\x0cpermit us to send a Statement. Statements will be sent at the end of each Billing Cycle when your\nAccount has a debit or credit balance of more than $1.00, or if we have charged any Interest\nCharges to your Account. Your Statement will show all transactions billed to your Account\nduring the Billing Cycle along with other important Account information.\n\nDisputed Transactions.\nYou must inspect each Statement you receive and tell us about any errors or questions you have\nas described in the \xe2\x80\x9cBilling Rights Summary\xe2\x80\x9d part of your Statement and other Truth in Lending\nDisclosures. If you do not notify us as provided in those disclosures, we may assume that all\ninformation in the Statement is correct.\nIf you dispute a transaction made by you or someone else on your Account, and we later credit\nyour Account for all or part of the disputed amount, you give us all of your rights against that\nother person. You also will:\n\xe2\x80\xa2\n\ngive us any merchandise or other purchases you received in connection with the disputed\namount if we ask;\n\n\xe2\x80\xa2\n\nnot pursue any claim or reimbursement from the merchant and that other person; and\n\n\xe2\x80\xa2\n\nhelp us pursue and get reimbursement from the merchant and that other person. Your help\nincludes giving us documents that we ask for and that are acceptable to us.\n\nInterest Charges and Fees.\nWe will charge Interest Charges and Fees to your Account as disclosed to you in your Statements\nand other Truth in Lending Disclosures. In general, Interest Charges begin to accrue from the day\na transaction occurs. However, we will not charge you interest on any new balances posted to the\npurchase Segment of your Account provided you have paid your previous balance in full by the\ndue date.\nWe will treat the following Fees as purchase transactions unless otherwise specified below. These\nFees apply to your Account only if they are provided in your Truth in Lending Disclosures. We\nmay increase your Interest Charges and Fees as described in the Changes to Your\nAgreement section or in your Truth in Lending Disclosures.\n\n\x0cLate Payment Fee. We may charge you this Fee if we do not receive your payment in time for\nus to credit it by the due date shown on your Statement.\nOverlimit Fee. You will not have a fee for going over your credit limit, but your credit score\nmay be adversely affected and the transaction may be declined, depending on the amount of the\noverage.\nReturned Payment Fee. We may charge you this Fee each time any payment you make to us is\nnot paid by your financial institution for any reason, even if that institution later pays it.\nExpedited Payment Fee. We may charge you this Fee each time you request to make a payment\nover the phone. Before we charge you this fee, we will notify you of the amount and provide an\nopportunity to opt out of this service.\nCopying Fee. We may charge you a Fee for copies of transaction documents or Statements\nunless they are required to resolve a billing dispute.\nExpress Delivery Fee. We may charge you this Fee each time you request express delivery of\nany Account documentation. Before we charge you this fee, we will notify you of the amount\nand provide an opportunity to opt out of this service.\nBalance Transfer Fee. Balance Transfers are not available for your Card.\nCash Advance Fee. Cash Advance is not available for your Card.\nForeign Transaction Fee. We do not charge a fee for foreign transactions.\nTransactions Made in Foreign Currencies: If you make a transaction in a foreign currency, the\nPayment Card Network will convert it into a U.S. dollar amount. The Payment Card Network\nwill use its own currency conversion procedures. The conversion rate in effect on the processing\ndate may differ from the rate in effect on the transaction date that appears on your Statement. We\ndo not adjust the currency exchange rate or charge any currency conversion Fees.\nNo Warranties.\nExcept as otherwise provided in the \xe2\x80\x9cBilling Rights Summary\xe2\x80\x9d part of your Statements, we are\nnot responsible for any claim you might have regarding the purchases of goods or services made\nwith your Card.\nMerchant Refunds.\nIf you are entitled to a refund for goods or services purchased with your Card, you will accept\n\n\x0cthese refunds as credits to the purchase Segment of your Account. We do not control when a\nmerchant sends us your refund. We will also have a reasonable amount of time after we receive\nyour refund to process it.\nMinimum Payment.\nYour Statement will provide instructions for making payments, including the amounts due and\nthe due date for receiving your payment. If applicable, your Statement will also include a\nminimum payment amount. To avoid a Late Payment Fee, you must pay us at least this minimum\npayment amount by the due date provided in the Statement.\nYour minimum payment will equal the greater of: $15 (or your full balance if it\xe2\x80\x99s less than $15);\n3% of your ending balance for the Statement; or the total amount by which you have exceeded\nyour credit limit (if applicable). In addition to the minimum payment, you may pay all or part of\nthe total balance on your Account. However, you must still pay at least the minimum payment\namount each month, even if you paid greater than the minimum on the previous Statement. We\nwill continue to charge Interest during Billing Cycles when you carry a balance regardless of\nwhether your Statement includes a minimum payment that is due. If your Account is 180 days\npast due, part of a bankruptcy proceeding or otherwise charges off, the entire balance is\nimmediately due and payable.\n\nMaking Payments.\nYour payments must be in U.S. dollars from a U.S. deposit account and otherwise be acceptable\nto us. We do not accept cash payments. You may not make payments with funds from your\nAccount with us.\n\nMailed Payments.\nYou must mail payments to us at the address provided on your Statement or as otherwise\ninstructed by us or our agents. We will credit it to your Account on the day we receive it, if:\n\xe2\x80\xa2\n\nyou send the payment coupon included with your Statement;\n\n\xe2\x80\xa2\n\nin the same envelope with your payment;\n\n\xe2\x80\xa2\n\nyou include your Account number on your payment; and\n\n\x0c\xe2\x80\xa2\n\nyour payment arrives at the address indicated on the payment coupon in our processing\ncenter by the time indicated on your Statement.\n\nIf your due date occurs on a day on which we do not receive payments, any payment received the\nnext day which conforms to the above requirements will not be treated as late.\nPlease allow at least 7 days for postal delivery. Unless we or our agents specifically instruct you\nto remit payment in a different manner, payments received at any other location or in any other\nform might not be credited for up to 5 days. This might cause you to be charged late payment\nFees and additional Interest Charges.\n\nFaster Payment Services.\nWe may make services available that allow you to make faster payments through a customer\nservice representative using a telephone, the internet, or other payment system. We will describe\nthe terms for using these services before you use them. You do not have to use these other\npayment services, and we may charge you a Fee for using them. If we do, we will tell you the\namount of the Fee at the time you request the service. We are not responsible if a payment made\nusing our payment services is rejected or not paid. Even if it is, we may still keep the Fee. If you\ngive your Account number or other Account information to someone else to make a payment for\nyou, we may provide them limited Account information necessary for the payment and process\ntheir payment as if you made it. We may refuse to accept any payment made by someone else for\nyour Account. If we accept a payment made by someone else for your Account, you will be\nresponsible for the payment made even if that payment is rejected or not paid.\n\nPayment Processing.\nWe may accept and process payments without losing any of our rights. Even if we credit your\npayment to your Account, we may delay the availability of credit until we confirm that your\npayment has cleared. We may resubmit and electronically collect returned payments. We may\nalso adjust your Account as necessary to correct errors, to process returned and reversed\npayments, and to handle similar issues. When you provide an Item as payment, you authorize us\neither to use information from your Item to make a one-time electronic fund transfer from your\n\n\x0cdeposit account or to process the payment as an Item. We will provide additional information\nabout this process on your Statement or other documents we send you before your payment.\nWhen you provide an Item as payment, it might also be converted into an electronic image and\ncollected and returned electronically. These electronic images may also be converted to substitute\nchecks. We will not be responsible if an Item you provide has physical features that when imaged\nresult in it not being processed as you intended.\n\nHow We Apply Your Payments.\nWe apply your payments to the higher Annual Percentage Rate balances before the lower ones.\nIn all cases, we will apply payments and credits in accordance with applicable law. Available\ncredit created as a result of payments posted to your Account may not be available for up to\nseven (7) days, or longer if circumstances warrant an additional hold, or if we deem ourselves at\nrisk for any reason.\n\nItems with Restrictive Words, Conditions, or Instructions.\nOur acceptance of payments labeled \xe2\x80\x9cpayment in full\xe2\x80\x9d or restrictive words to that or any similar\neffect, will not constitute an accord and satisfaction nor a waiver of any rights we have to receive\na full payment on all balances due.\n\nCredit Balances.\nWe may reject and return to you any payment that creates a credit balance on your Account. Any\ncredit balance we allow will not be available until we confirm that your payment has cleared. We\nmay reduce the amount of any credit balance by any new amounts billed to your Account. You\nmay contact us as provided on your Statement and request a refund of any available credit\nbalance. If you contact us in writing, we will refund your credit balance within 7 Business Days\nfrom our receipt of your written request.\n\nAccount Default.\nWe may consider you in default of your Agreement with us if:\n\n\x0c\xe2\x80\xa2\n\nyou do not make any payment when it is due;\n\n\xe2\x80\xa2\n\nany payment you make is rejected, not paid, or cannot be processed;\n\n\xe2\x80\xa2\n\nyou exceed a credit limit;\n\n\xe2\x80\xa2\n\na bankruptcy or other insolvency proceeding is filed by or against you;\n\n\xe2\x80\xa2\n\nyou die or are legally declared incompetent or incapacitated;\n\n\xe2\x80\xa2\n\nwe determine that you made a false, incomplete, or misleading statement on any of your\nAccount documentation or you otherwise try to defraud us;\n\n\xe2\x80\xa2\n\nyou do not comply with any term of this Agreement or any other agreement with us; or\n\n\xe2\x80\xa2\n\nyou permanently reside outside the United States.\n\nFor certain actions, including changing the rates and Fees on your Account, our options appear in\nour original offer and materials when you opened your Account. Remember, paying the Fees\ncharged in connection with a default will not by itself cure the default. In addition, if you are in\ndefault, we may take the following actions without notifying you, unless the law says that we\nmust notify you:\n\xe2\x80\xa2\n\nclose or suspend your Account;\n\n\xe2\x80\xa2\n\nlower your credit limits;\n\n\xe2\x80\xa2\n\nincrease your minimum payment;\n\n\xe2\x80\xa2\n\ndemand that you immediately pay the entire balances owing on your Account;\n\n\xe2\x80\xa2\n\ncontinue to charge you Interest Charges and Fees as long as your balances remain\noutstanding; and/or\n\n\xe2\x80\xa2\n\npursue any other action against you that the law allows, which includes the filing of a\nlawsuit against you.\n\nYou must pay us all of our collection expenses, attorneys\xe2\x80\x99 fees, and court costs unless the law\ndoes not allow us to collect these amounts.\n\nCommunications.\nWe and our service providers may contact you from time to time regarding your Account. We\nmay contact you in any manner we choose unless the law says that we cannot. For example, we\nmay:\n\n\x0c\xe2\x80\xa2\n\ncontact you by mail, telephone, email, fax, recorded message, text message, or personal\nvisit;\n\n\xe2\x80\xa2\n\ncontact you using an automated dialing or similar device (\xe2\x80\x9cAutodialer\xe2\x80\x9d);\n\n\xe2\x80\xa2\n\ncontact you at your home and at your place of employment;\n\n\xe2\x80\xa2\n\ncontact you by social media;\n\n\xe2\x80\xa2\n\ncontact you on your mobile telephone;\n\n\xe2\x80\xa2\n\ncontact you at any time, including weekends and holidays;\n\n\xe2\x80\xa2\n\ncontact you with any frequency;\n\n\xe2\x80\xa2\n\nleave prerecorded and other messages on your answering machine/service and with\nothers; and\n\n\xe2\x80\xa2\n\nidentify ourselves, your relationship with us, and our purpose for contacting you even if\nothers might hear or read it.\n\nOur contacts with you about your Account are not unsolicited and might result from information\nwe obtain from you or others. We may monitor or record any conversation or other\ncommunication with you. Unless the law says we cannot, we may modify or suppress caller ID\nand similar services and identify ourselves on these services in any manner we choose. When\nyou give us or we obtain your mobile telephone number, we may contact you at this number\nusing an Autodialer and can also leave prerecorded and other messages. We may do these things\nwhether we contact you or you contact us.\nIf you ask us to discuss your Account with someone else, you must provide us with documents\nthat we ask for and that are acceptable to us.\n\nCredit Reports.\nWe may provide information about you and the Account to consumer (credit) reporting agencies\nand others as provided in our Privacy Notice. Information we provide might appear on your\ncredit reports. This could include negative information if you do not comply with the terms of\nthis Agreement. We may obtain and use credit and income information about you from consumer\n(credit) reporting agencies and others as the law allows.\n\n\x0cClosing or Suspending Your Account.\nArizona, California, Idaho, Louisiana, New Mexico, Nevada, Texas, Washington, and\nWisconsin Residents: Either you or your spouse may ask us to close your Account at any\ntime by calling us at 1-800-418-2362 or by calling or writing us as described on your\nStatement. Your Statement will provide additional information about this process, and we may\nalso separately provide you with additional details after your request. This might include\npayment information.\nAll Cardholders: You may ask us to close your Account at any time by calling us at\n1-800-418-2362 or by calling or writing to us as described on your Statement. Your Statement\nwill provide additional information about this process and we may also separately provide you\nwith additional details after your request. This might include payment information. Termination\nof your Account will not affect your obligation to pay the Account balance plus any finance and\nother charges you or your spouse owe under this Agreement. Your obligation to pay the Account\nbalance plus any finance and other charges you owe under this Agreement are subject to all\napplicable laws and regulations regarding repayment requirements. The Card you receive remain\nour property and you must recover and surrender to us all Cards upon request or upon\ntermination of this Agreement. If you use your Card or charges post to your Account after you\nask us to close it, we may keep it open or reopen it.\nWe may close or suspend your Account and your right to obtain credit from us. We may do this\nat any time and for any reason permitted by law, even if you are not in default on your Account\nwith us. A suspension of your Account might be permanent or temporary.\nIf your Account is closed or suspended for any reason, you must stop using your Card. You must\nalso cancel all billing arrangements to the Account. We will not do this for you. If we close or\npermanently suspend your Account, you must also destroy all Cards. You must still pay us all\namounts you owe on the Account, even if they are charged after your Account is closed or\nsuspended.\n\nLost or Stolen Card.\nYou will take reasonable steps to prevent the unauthorized use of your Card and Account. If your\n\n\x0cCard is lost or stolen or if someone else might be using it without your permission, you must tell\nus at once. You may tell us by calling the telephone number on the back of your Card or on your\nStatement or by writing us at the address on your Statement. You will not be responsible for\ncharges made to your Account that are found by us to be unauthorized. If we reimburse your\nAccount for unauthorized charges made using your Card, you will help us investigate, pursue,\nand get reimbursement from the wrongdoer. Your help includes giving us documents that we ask\nfor and that are acceptable to us.\nYour Representations and Warranties.\nBy accepting this Cardholder Agreement, and by activating, using, or authorizing the use of\nyour Card, you represent and warrant to us that: (i) you are at least 18 years of age (or that you\nhave reached the age of majority if you reside in a state where the age of majority is 19 years\nor older); (ii) the personal information that you provide to us in connection with the Card is\ntrue, correct and complete; (iii) you received a copy of this Cardholder Agreement and agree\nto be bound by and comply with its terms; and (iv) that you accept the Card.\n\nChanges to Your Agreement.\nAt any time, we may add, delete, or change any term of this Agreement unless the law prohibits\nus from doing so. We will give you notice of any changes as required by law. If we do notify you\nof changes, we will send you a separate notice or inform you on your Statement. We may send\nthis notice to you electronically as permitted by law. Our notice will tell you when and how the\nchanges will take effect and describe any rights you have in connection with the changes.\nIf we increase your Fees or other terms of your Account we will notify you in writing and inform\nyou of your options in advance, including the right to opt out of some of these changes.\nIf your payment is not received within 60 days after the payment due date, we may increase your\nInterest Charges and Fees for existing balances and new transactions at any time. We may change\nany other terms of your Account at any time.\n\nThe Law that Applies to Your Agreement.\nThe issuer of your Card is Celtic Bank, a Utah-Chartered Industrial Bank, Member FDIC. In\n\n\x0caccepting a Deserve MasterCard, you agree to the following provisions: (1) This Agreement\n(including account and services related to this account) will be interpreted by the laws of the\nstate of Utah. This means that the laws of the state of Utah will govern any dispute arising from\nor relating to this Agreement. Federal law will also be used when it applies. (2) You waive any\napplicable statute of limitations as the law allows. Otherwise, the applicable statute of limitations\nperiod for all provisions and purposes under this Agreement (including the right to collect debt)\nwill be the longer period provided by Utah law or the law in the jurisdiction where you live. (3)\nRegarding venue, you agree to submit to the jurisdiction of the state of Utah and federal courts in\nand for Salt Lake City and Salt Lake County, Utah. This means that any dispute, action or\nproceeding relating to this Agreement will be brought in the Federal District Court of Utah or\nstate court in the county of Salt Lake City. (4) See applicable Arbitration below.\nAccordingly, it is important that you read the provisions of this section, the Arbitration Provision\nbelow, and the entire Agreement carefully. If any part of this Agreement is found to be\nunenforceable, the remaining parts will remain in effect.\n\nWAIVER OF JURY TRIAL\nUnless prohibited by applicable law, if you sign this Agreement, you waive your right to have a\njury trial to resolve any Claim (defined below in the Arbitration Provision) you may have against\nus, our service providers, our respective affiliates, or a related third party. This Waiver of Jury\nTrial provision does not apply to you if, at the time of entering into this Agreement, you are a\nresident of Arkansas or a member of the armed forces or a dependent of such a member covered\nby the Federal Military Lending Act.\n\nCLASS ACTION WAIVER\nUnless prohibited by applicable law, if you sign this Agreement, you waive your right to ask a\ncourt or an arbitrator to allow you to pursue any claims on a class action basis or in a\nrepresentative capacity on behalf of the general public, other borrowers or other persons\nsimilarly situated. Furthermore, claims brought by you against us or by us against you may not\nbe joined or consolidated with claims brought by or against someone other than you, unless\n\n\x0cotherwise agreed to in writing by all parties. For purposes of this Class Action Waiver, the terms\n\xe2\x80\x9cwe,\xe2\x80\x9d \xe2\x80\x9cus\xe2\x80\x9d and \xe2\x80\x9cour\xe2\x80\x9d shall also include Celtic Bank and each of its employees, directors,\nofficers, shareholders, governors, managers, members, parent companies, affiliated entities,\nsuccessors or assignees (including but not limited to Deserve, Inc.), the servicer of your Card and\nany third party who is named as a co-defendant with us in a claim asserted by you. In the event\nof a conflict between this CLASS ACTION WAIVER provision and the ARBITRATION\nPROVISION, the ARBITRATION PROVISION shall control. This CLASS ACTION WAIVER\ndoes not apply to you if, at the time of entering into this Agreement, you are a Covered Borrower\nunder the Military Lending Act.\n\nARBITRATION PROVISION\nArbitration is a process in which persons with a dispute(s): (a) agree to submit their dispute(s) to\na neutral third person (an "arbitrator") for a decision; and (b) waive their rights to file a lawsuit in\ncourt to resolve their dispute(s). Each party to the dispute(s) has an opportunity to present some\nevidence to the arbitrator. Pre-arbitration discovery may be limited. Arbitration proceedings are\nprivate and less formal than court trials. The arbitrator will issue a final and binding decision\nresolving the dispute(s), which may be enforced as a court judgment. A court rarely overturns an\narbitrator\'s decision.\n\nTHIS ARBITRATION PROVISION APPLIES UNLESS (1) YOU HAVE EXERCISED OR\nEXERCISE YOUR RIGHT TO REJECT ARBITRATION OR (2) AS OF THE DATE OF\nTHIS AGREEMENT, YOU ARE A MEMBER OF THE ARMED FORCES OR A\nDEPENDENT OF SUCH MEMBER COVERED BY THE FEDERAL MILITARY\nLENDING ACT. IF YOU WOULD LIKE MORE INFORMATION ABOUT WHETHER\nYOU ARE COVERED BY THE MILITARY LENDING ACT, IN WHICH CASE THIS\nARBITRATION PROVISION DOES NOT APPLY TO YOU, PLEASE CONTACT US AT\n1-800-316-7258.\n\n\x0cREAD THIS ARBITRATION PROVISION CAREFULLY AS IT WILL HAVE A\nSUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST\nEACH OTHER ARE RESOLVED.\n\nYOU HAVE THE RIGHT TO OPT-OUT OF (NOT BE BOUND BY) THIS\nARBITRATION PROVISION AS DESCRIBED BELOW. IF YOU DO NOT DO SO:\na. YOU ARE WAIVING YOUR RIGHT TO HAVE A JURY OR A COURT,\nOTHER THAN A SMALL CLAIMS COURT OR SIMILAR COURT OF\nLIMITED JURISDICTION, RESOLVE ANY CLAIM THAT IS SUBJECT\nTO ARBITRATION; and\nb. YOU ARE WAIVING YOUR RIGHT TO SERVE AS A\nREPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY\nOTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS\nA MEMBER OF A CLASS OF CLAIMANTS, IN COURT OR IN\nARBITRATION WITH RESPECT TO ANY CLAIM THAT IS SUBJECT\nTO ARBITRATION.\n\nTHEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:\nInterstate Commerce\nThis Arbitration Provision is made pursuant to a transaction involving interstate commerce and\nshall be governed by the Federal Arbitration Act (\xe2\x80\x9cFAA\xe2\x80\x9d), 9 U.S.C. \xc2\xa7 1 et seq., and not by any\nstate arbitration law.\n\nScope\nFor purposes of this Arbitration Provision, the word \xe2\x80\x9cClaim\xe2\x80\x9d has the broadest possible meaning\nand includes, without limitation (a) all federal or state law claims, disputes or controversies,\nwhether preexisting, present or future, arising from or relating directly or indirectly to this\nAgreement, the relationship between you and us, the information you gave us before entering\ninto this Agreement, including your application, and/or any past agreement or agreements\n\n\x0cbetween you and us, any loan or credit product or related product or services obtained from us\nand any advice, recommendations, solicitations, communications, disclosures, promotions or\nadvertisements concerning the same; (b) all initial claims, counterclaims, cross-claims and thirdparty claims and claims which arose before the effective date of this Arbitration Provision; (c) all\ncommon law claims based upon contract, tort, fraud, or other intentional torts; (d) all claims\nbased upon a violation of any local, state or federal constitution, statute, ordinance or regulation,\nincluding without limitation all claims alleging unfair, deceptive or unconscionable trade\npractices; (e) all claims asserted by us against you, including claims for money damages to\ncollect any sum we claim you owe us; (f) all claims asserted by you individually against us and/\nor any of our employees, directors, officers, shareholders, governors, managers, members, parent\ncompany or affiliated entities, or assignees (including but not limited to Deserve, Inc.) or against\nthe servicer of your Card (hereinafter collectively referred to as "related third parties"),\nincluding claims for money damages, restitution and/or equitable or injunctive relief; (g) claims\nasserted by you against other persons and entities if you assert a Claim against such other\npersons and entities in connection with a Claim you assert against us or related third parties; and\n(h) all data breach or privacy claims arising from or relating directly or indirectly to the\ndisclosure by us or related third parties of any non-public personal information about you.\nNotwithstanding the foregoing, the word \xe2\x80\x9cClaim\xe2\x80\x9d does not include any dispute or controversy\nabout the validity, enforceability, coverage or scope of this Arbitration Provision or any part\nthereof (including, without limitation, the provision titled "Class Action Waiver" set forth below,\nsubparts A and B of the provision titled "Binding Effect; Survival; Severability" set forth below\nand/or this sentence); all such disputes or controversies are for a court and not an arbitrator to\ndecide. However, any dispute or controversy that concerns the validity or enforceability of the\nAgreement as a whole is for the arbitrator, not a court, to decide. In addition, this Arbitration\nProvision will not apply to (1) any individual action brought by you in small claims court or your\nstate\xe2\x80\x99s equivalent court, unless such action is transferred, removed, or appealed to a different\ncourt; or (2) any disputes that are the subject of a class action filed in court that is pending as of\nthe effective date of this Arbitration Provision in which you are alleged to be a member of the\nputative class for as long as such class action is pending.\n\n\x0cClass Action Waiver\nNotwithstanding any other provision of this Arbitration Provision, if either you or we elect\nto arbitrate a Claim, neither you nor we will have the right: (a) to participate in a class\naction, private attorney general action or other representative action in court or in\narbitration, either as a class representative or class member, or (b) to join or consolidate\nClaims with Claims of any other persons. (Provided, however, that the Class Action Waiver\ndoes not apply to any lawsuit or administrative proceeding filed against us by a state or\nfederal government agency even when such agency is seeking relief on behalf of a class of\nborrowers including you. This means that we will not have the right to compel arbitration\nof any claims brought by such an agency). An award in arbitration shall determine the\nrights and obligations of the named parties only, and only with respect to the Claim(s) in\narbitration, and shall not (i) determine the rights, obligations, or interests of anyone other\nthan a named party, or resolve any Claim of anyone other than a named party; nor (ii)\nmake an award for the benefit of, or against, anyone other than a named party. No\narbitration administrator or arbitrator shall have the power or authority to waive, modify,\nor fail to enforce this section, and any attempt to do so, whether by rule, policy, arbitration\ndecision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of\nthis Class Action Waiver shall be determined exclusively by a court and not by the\nadministrator or any arbitrator.\n\nElecting Arbitration\nA party may elect arbitration of a Claim by sending the other party written notice by certified\nmail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute\nalong with the relief requested. Your notice must be sent to Celtic Bank, 268 South State\nStreet, #300, Salt Lake City, Utah 84111, and our notice must be sent to the most recent\naddress for you in our files. If a lawsuit concerning the Claim has been filed, such notice can be\nprovided by papers filed in the lawsuit, such as a motion to compel arbitration.\n\n\x0cAdministrator\nRegardless of who demands arbitration, you shall have the right to select either of the following\narbitration organizations to administer the arbitration: the American Arbitration Association, 120\nBroadway, Floor 21, New York, NY 10271 (1-800-778-7879), http://www.adr.org; or JAMS,\n8401 N. Central Expressway, Suite 610, Dallas, TX 75225 (1-800-352-5267), http://jamsadr.com.\nHowever, the parties may agree to a local arbitrator who is an attorney, retired judge, or arbitrator\nregistered and in good standing with a bona fide arbitration association and arbitrate pursuant to\nthe arbitrator\xe2\x80\x99s rules. If the AAA and JAMS are unable or unwilling to serve as administrator, or\nthe parties are unable to agree upon another administrator, a court with jurisdiction shall\ndetermine the administrator or arbitrator. The arbitration hearing will take place at a location\nreasonably convenient to where you reside.\n\nIf you demand arbitration, you must inform us in your demand of the arbitration organization\nyou have selected or whether you desire to select a local arbitrator. If related third parties or we\ndemand arbitration, you must notify us within 20 days in writing by certified mail, return receipt\nrequested, of your decision to select an arbitration organization or your desire to select a local\narbitrator. Your notice must be sent to Celtic Bank, 268 South State Street, #300, Salt Lake\nCity, Utah 84111. If you fail to notify us, then we have the right to select an arbitration\norganization. The arbitration will be governed by the rules and procedures of this arbitration\norganization applicable to individual consumer disputes. You may get a copy of the rules and\nprocedures by contacting the arbitration organization listed above. In an event of a conflict\nbetween the provisions of the Arbitration Provision, on the one hand, and any applicable rules of\nthe AAA or JAMS or other administrator used or any other terms of this Agreement, on the other\nhand, the provisions of this Arbitration Provision shall control. If a party files a lawsuit in court\nasserting Claim(s) that are subject to arbitration and the other party files a motion to compel\narbitration with the court which is granted, it will be the responsibility of the party prosecuting\nthe Claim(s) to select an arbitration administrator in accordance with this paragraph and\ncommence the arbitration proceeding in accordance with the administrator\xe2\x80\x99s rules and\nprocedures.\n\n\x0cNon-Waiver\nEven if all parties have opted to litigate a Claim in court, you or we may elect arbitration with\nrespect to any Claim made by a new party or any Claim later asserted by a party in that or any\nrelated or unrelated lawsuit (including a Claim initially asserted on an individual basis but\nmodified to be asserted on a class, representative or multi-party basis). Nothing in that litigation\nshall constitute a waiver of any rights under this Arbitration Provision. For example, if we file a\nlawsuit against you in court to recover amounts due under the Agreement, you have the right to\nrequest arbitration, but if you do not elect to request arbitration, we reserve and do not waive the\nright to request arbitration of any Claim (including any counterclaim) you later assert against us\nin that or any related or unrelated lawsuit. This Arbitration Provision will apply to all Claims,\neven if the facts and circumstances giving rise to the Claims existed before the effective date of\nthis Arbitration Provision.\n\nArbitrator and Award\nAny arbitrator must be a practicing attorney with ten or more years of experience or a retired\njudge. The arbitrator will not be bound by judicial rules of procedure or evidence that would\napply in a court, nor by state or local laws that relate to arbitration proceedings. The arbitrator\nwill apply the same statutes of limitations and privileges that a court would apply if the matter\nwere pending in court. The arbitrator may decide, with or without a hearing, any motion that is\nsubstantially similar to a motion to dismiss for failure to state a claim or a motion for summary\njudgment. In determining liability or awarding damages or other relief, the arbitrator will follow\nthe applicable substantive law, consistent with the FAA, which would apply if the matter had\nbeen brought in court. The arbitrator may award any damages or other relief or remedies that\nwould apply under applicable law to an individual action brought in court, including, without\nlimitation, punitive damages (which shall be governed by the Constitutional standards employed\nby the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual\nparty seeking relief and only to the extent necessary to provide relief warranted by that party\xe2\x80\x99s\nindividual claim). No arbitration award involving the parties will have any preclusive effect as to\n\n\x0cissues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an\narbitration award in prior disputes involving other parties have preclusive effect in an arbitration\nbetween the parties to this Arbitration Provision.\n\nFees and Costs\nAt your written request, we will pay all filing, hearing and/or other fees charged by the\nadministrator and arbitrator to you for Claim(s) asserted by you in an individual arbitration after\nyou have paid an amount equivalent to the fee, if any, for filing such Claim(s) in state or federal\ncourt (whichever is less) in the judicial district in which you reside. (If you have already paid a\nfiling fee for asserting the Claim(s) in court, you will not be required to pay that amount again).\nWe will not seek reimbursement of such fees from you even if we prevail in the arbitration. In\naddition, the administrator may have a procedure whereby you can seek a waiver of fees charged\nto you by the administrator and arbitrator. We will always pay any fees or expenses that we are\nrequired to pay by law or the administrator\xe2\x80\x99s rules or that we are required to pay for this\nArbitration Provision to be enforced. The arbitrator will have the authority to award fees and\ncosts of attorneys, witnesses and experts to the extent permitted by this Agreement, the\nadministrator\xe2\x80\x99s rules or applicable law. With respect to Claim(s) asserted by you in an individual\narbitration, we will pay your reasonable attorney, witness and expert fees and costs if and to the\nextent you prevail, if applicable law requires us to or if we must bear such fees and costs in order\nfor this Arbitration Provision to be enforced. At the timely request of either party, the arbitrator\nshall write a brief explanation of the grounds for the decision.\n\nAppeal\nThe arbitrator\xe2\x80\x99s award shall be final and binding on all parties, except for any right of appeal\nprovided by the FAA. However, if the amount in controversy exceeds $50,000, and if permitted\nby the Administrator\xe2\x80\x99s rules, you or we can, within 14 days after the entry of the award by the\narbitrator, appeal the award to a three-arbitrator panel administered by the Administrator. The\npanel shall reconsider anew any aspect of the initial award requested by the appealing party. The\ndecision of the panel shall be by majority vote. Reference in this Arbitration Provision to \xe2\x80\x9cthe\n\n\x0carbitrator\xe2\x80\x9d shall mean the panel if an appeal of the arbitrator\xe2\x80\x99s decision has been taken. The costs\nof such an appeal will be borne in accordance with the paragraph above titled \xe2\x80\x9cFees and Costs.\xe2\x80\x9d\nAny final decision of the appeal is subject to judicial review only as provided under the FAA. A\njudgment on the award may be entered by any court having jurisdiction.\n\nNotice and Cure; Special Payment\nPrior to initiating a Claim, you may send us a written Claim Notice. In order for a Claim Notice\nto be valid and effective, it must: (a) state your name, address and Account number; (b) be signed\nby you; (c) describe the basis of your Claim and the amount you would accept to resolve the\nClaim; (d) state that you are exercising your rights under the \xe2\x80\x9cNotice and Cure\xe2\x80\x9d paragraph of the\nArbitration Provision; and (e) be sent to us by certified mail, return receipt requested, at Celtic\nBank, Attn: General Counsel, 268 South State Street, #300, Salt Lake City, Utah 84111. This\nis the sole and only method by which you can submit a Claim Notice. Upon receipt of a Claim\nNotice, we will credit you for the standard cost of a certified letter. You must give us a\nreasonable opportunity, not less than 30 days, to resolve the Claim. If, and only if, (i) you submit\na Claim Notice in accordance with this paragraph on your own behalf (and not on behalf of any\nother party); (ii) you cooperate with us by promptly providing the information we reasonably\nrequest; (iii) we refuse to provide you with the relief you request before an arbitrator is\nappointed; and (iv) the matter then proceeds to arbitration and the arbitrator subsequently\ndetermines that you were entitled to such relief (or greater relief), you will be entitled to a\nminimum award of at least $7,500 (not including any arbitration fees and attorneys\xe2\x80\x99 fees and\ncosts to which you will also be entitled). We encourage you to address all Claims you have in a\nsingle Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a\nsingle award that applies to all Claims you have asserted or could have asserted in the arbitration,\nand multiple awards of $7,500 are not contemplated.\n\nBinding Effect; Survival; Severability\nThis Arbitration Provision is binding upon and benefits you, your respective heirs, successors\nand assigns. The Arbitration Provision is binding upon and benefits us, our successors and\n\n\x0cassigns, and related third parties. The Arbitration Provision shall survive any bankruptcy to the\nextent consistent with applicable bankruptcy law. The Arbitration Provision survives any\ntermination, amendment, expiration or performance of this Agreement and any transaction\nbetween you and us and continues in full force and effect unless you and we otherwise agree in\nwriting. If any part of this Arbitration Provision is deemed or found to be unenforceable for any\nreason, the remainder shall be enforceable, except as follows:\na. The parties to this Arbitration Provision acknowledge that the provision titled "Class\nAction Waiver" is material and essential to the arbitration of any disputes between the\nparties and is non-severable from this Arbitration Provision. If the Class Action Waiver is\nlimited, voided or found unenforceable, then the parties\' Arbitration Provision (except for\nthis sentence) shall be null and void with respect to such proceeding, subject to the right\nto appeal the limitation or invalidation of the Class Action Waiver. The parties\nacknowledge and agree that under no circumstances will a class action be arbitrated.\nb. If a Claim is brought seeking public injunctive relief and a court determines that the\nrestrictions in the provision titled "Class Action Waiver" prohibiting the arbitrator from\nawarding relief on behalf of third parties are unenforceable with respect to such Claim\n(and that determination becomes final after all appeals have been exhausted), the Claim\nfor public injunctive relief will be determined in court and any individual Claims seeking\nmonetary relief will be arbitrated. In such a case the parties will request that the court\nstay the Claim for public injunctive relief until the arbitration award pertaining to\nindividual relief has been entered in court. In no event will a Claim for public injunctive\nrelief be arbitrated.\n\nOpt-Out Process\nYou may choose to opt out of this Arbitration Provision but only by following the process set\nforth below. If you do not wish to be subject to this Arbitration Provision, then you must notify\nus in writing postmarked within sixty (60) calendar days of the date of this Agreement at the\nfollowing address: Celtic Bank, 268 South State Street, #300, Salt Lake City, Utah 84111.\n\n\x0cYour notice must be sent to us by certified mail, return receipt requested. Upon receipt of an OptOut Notice, we will credit you for the standard cost of a certified letter. Your Opt-Out Notice\nmust include your name, address, Social Security number, the date of this Agreement, a\nstatement that you wish to opt out of the Arbitration Provision and must not be sent with any\nother correspondence. Indicating your desire to opt out of this Arbitration Provision will not\naffect your other rights or responsibilities under this Agreement and applies only to this\nArbitration Provision between you and us.\n\nMilitary Lending Act Disclosure\nFederal 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\nmember of the Armed Forces and his or her dependent may not exceed an annual percentage rate\nof 36 percent. This rate must include, as applicable to the credit transaction or account: The costs\nassociated with credit insurance premiums; fees for ancillary products sold in connection with\nthe credit transaction; any application fee charged (other than certain application fees for\nspecified credit transactions or accounts); and any participation fee charged (other than certain\nparticipation fees for a credit card account). To be provided with an oral disclosure of this\ninformation, please call toll-free\n1-800-316-7258.\n\nWaiver.\nWe our agents, assigns, successors, service providers, and the respective affiliates will not lose\nany of our rights if we delay taking any action for any reason or if we do not notify you. For\nexample, we may waive your Interest Charges or Fees without notifying you and without losing\nour right to charge them in the future. We may always enforce our rights later and may take other\nactions not listed in this Agreement if the law allows them. You do not have to receive notice\nfrom us of any waiver, delay, demand or dishonor. We may proceed against you before\nproceeding against someone else.\n\n\x0cAssignment.\nThis Agreement will be binding on, and benefit, any of your and our successors and assigns.\nYou may not transfer your Account or your Agreement to someone else without our written\npermission.\nWe may transfer your Account and this Agreement to another company or person without your\npermission and without prior notice to you. They will take our place under this Agreement. You\nmust pay them and perform all of your obligations to them and not us. If you pay us after you are\ninformed or learn that we have transferred your Account or this Agreement, we can handle your\npayment in any way we think is reasonable.\nThis includes returning the payment to you or forwarding the payment to the other company or\nperson.\nWe reserve the right to use third party service providers to perform any activity we are\npermitted or obligated to perform under this Cardholder Agreement, to the extent\npermitted by applicable law.\n\nDeserve\xc2\xae EDU MasterCard Cash Back Program\nEarning Cash Back.\n\xe2\x80\xa2\n\nWith this credit card, you will earn cash rewards (\xe2\x80\x9ccash back\xe2\x80\x9d) by using your card for\npurchases.\n\n\xe2\x80\xa2\n\nYou will not earn cash back on cash advances or balance transfers (Balance transfers and\ncash advances are not available).\n\n\xe2\x80\xa2\n\nYou will earn 1% cash back all purchases except for the following: purchase of travelers\nchecks, foreign currency, money orders, wire transfers or similar cash-like transactions,\nlottery tickets, casino gaming chips, race track wagers or similar betting transactions.\n\n\xe2\x80\xa2\n\nAt the end of each billing period, your cash back will be calculated by multiplying the\ntotal amount you spent (minus items returned for credit, and any account fees and interest\ncharges) by 1% (.01).\n\n\xe2\x80\xa2\n\nAll cash back rewards are issued as a statement credit. A credit is applied to your\nstatement automatically, in increments of $25.00 (twenty-five USD).\n\n\x0c\xe2\x80\xa2\n\nFrom time to time, you may receive promotional offers which allow for additional cash\nback. These offers will not be available if your account is closed or delinquent on the date\nwe determine whether you have met the terms of the offer.\n\n\xe2\x80\xa2\n\nFor purposes of this program, purchases do not include items returned for credit, or\ninterest and account fees.\n\nRedeeming Cash Back.\n\xe2\x80\xa2\n\nAny cash back earned will be automatically redeemed as a statement credit, in increments\nof $25.\n\n\xe2\x80\xa2\n\nRedemption is not available if account is closed, delinquent, or over limit. In the event of\na lost or stolen card, or we issue a new account number, we will transfer your cash back\nto the new account. If the account does not qualify for redemption, redeemable balances\nwill be re-evaluated in the next distribution period.\n\n\xe2\x80\xa2\n\nCash back rewards have no expiration while the card is open.\n\nValue of Cash Rewards.\nCash rewards have no cash value until eligible cash rewards are redeemed as a statement credit.\nYou may not assign, transfer, or pledge your cash rewards. You have no property rights or other\nlegal interest in cash rewards. Program subject to change.\n\nGlossary.\nAccount means your Card Account with us.\nAnnual Percentage Rate, or APR, is the percentage you are charged annually for the debt that\nyou accrue.\n\xe2\x80\x9cBilling Cycle\xe2\x80\x9d means a period of time that might vary in length but is approximately 30 days.\nThe specific period of time is described on each Statement. However, you will have a Billing\nCycle even if a Statement is not required.\nWe will often specify a Billing Cycle by the month in which its closing date occurs as provided\non the Statement. For example, a \xe2\x80\x9cMarch Billing Cycle\xe2\x80\x9d will have a closing date in March. We\n\n\x0cmay also refer to a Billing Cycle as a \xe2\x80\x9cBilling Period.\xe2\x80\x9d If your Account balance has charged off,\nwe may switch to quarterly Billing Cycles to your Account.\nBusiness Day means any day our offices are open for the processing of payments and credits.\nCard means any Card associated with your Account, which includes all renewals and\nsubstitutions. It also means any other access device for your Account we give you that allows\nyou to obtain credit.\nCredit means an accounting entry that decreases a liability; in this case, your outstanding\nbalance with Deserve.\nCredit Limit means the amount of credit extended to you.\nDaily Periodic Rate, is calculated at 1/365 of your APR.\nFees means conditional charges imposed on your Account that are not based on the Annual\nPercentage Rates.\nInterest Charges means any charges to your Account based on the application of Annual\nPercentage Rates.\nItem means a check, draft, money order, or other negotiable instrument you use to pay your\nAccount. This includes any image of these instruments.\nPayment Card Network means MasterCard International Incorporated, or any other network\nprovider displayed on the Card.\nSegments means the different parts of your Account we may establish that are subject to unique\npricing, grace periods, or other terms. We create these parts of your Account for such things as\nyour purchases and Special Transfers.\nSpecial Transfer means a Transfer posted to the Special Transfer Segment of your Account and\nnot to your purchase Segment.\nStatement means a document or information we provide to you showing Account information\nincluding, among other things, transactions made to your Account during a Billing Cycle. We\nmight also refer to your Statement as a \xe2\x80\x9cPeriodic Statement\xe2\x80\x9d or a \xe2\x80\x9cBilling Statement.\xe2\x80\x9d\nTransfers means balances transferred from other Accounts to this Account and includes Balance\nTransfers and Special Transfers.\n\n\x0cTruth in Lending Disclosures means any Account information we provide to you that is\nrequired by the federal Truth in Lending Act and Regulation Z. These include your application\nand solicitation disclosures, Account opening disclosures, subsequent disclosures, Statements,\nand change in terms notices.\n\nYOUR BILLING RIGHTS\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:\nDeserve, Inc.\nPO Box 57780\nMurray, UT 84157-0780\nIn your correspondence give us the following information:\n\xe2\x80\xa2\n\nAccount information: Your name and account number.\n\n\xe2\x80\xa2\n\nDollar amount: The dollar amount of the suspected error.\n\n\xe2\x80\xa2\n\nDescription of problem: If you think there is an error on your bill, describe what you\nbelieve is wrong and why you believe it is a mistake.\n\nYou must contact us:\n\xe2\x80\xa2\n\nWithin 60 days after the error appeared on your statement.\n\n\xe2\x80\xa2\n\nAt least 3 business days before an automated payment is scheduled, if you want to stop\npayment on the amount you think is wrong.\n\n\xe2\x80\xa2\n\nYou must notify us of any potential errors in writing. You may call us, but if you do we\nare not required to investigate any potential errors and you may have to pay the amount in\nquestion.\n\nWHAT WILL HAPPEN AFTER WE RECEIVE YOUR LETTER\nWhen we receive your letter, we must do two things:\n\n\x0c1. Within 30 days of receiving your letter, we must tell you that we received your letter. We\nwill also tell you if we have already corrected the error.\n2. Within 90 days of receiving your letter, we must either correct the error or explain to you\nwhy we believe the bill is correct.\nWhile we investigate whether or not there has been an error:\n\xe2\x80\xa2\n\nWe cannot try to collect the amount in question, or report you as delinquent on that\namount.\n\n\xe2\x80\xa2\n\nThe charge in question may remain on your statement, and we may continue to charge\nyou interest on that amount.\n\n\xe2\x80\xa2\n\nWhile you do not have to pay the amount in question, you are responsible for the\nremainder of your balance.\n\n\xe2\x80\xa2\n\nWe can apply any unpaid amount against your credit limit.\n\nAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2\n\nIf we made a mistake: You will not have to pay the amount in question or any interest or\nother fees related to that amount.\n\n\xe2\x80\xa2\n\nIf we do not believe there was a mistake: You will have to pay the amount in question,\nalong with applicable interest and fees. We will send you a statement of the amount you\nowe and the date payment is due. We may then report you as delinquent if you do not pay\nthe amount we think you owe.\n\nIf you receive our explanation but still believe your bill is wrong, you must write to us within 10\ndays telling us that you still refuse to pay. If you do so, we cannot report you as delinquent\nwithout also reporting that you are questioning your bill. We must tell you the name of anyone to\nwhom 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\nquestion even if your bill is correct.\n\nYOUR RIGHTS IF YOU ARE DISSATISFIED WITH YOUR CREDIT CARD\nPURCHASES\n\n\x0cIf you are dissatisfied with the goods or services that you have purchased with your credit\ncard and you have tried in good faith to correct the problem with the merchant, you may have the\nright not to pay the remaining amount due on the purchase.\nTo exert this right, all of the following must be true:\n\xe2\x80\xa2\n\nThe purchase must have been made in your home state or within 100 miles of your\ncurrent mailing address, and the purchase price must have been more than $50. (Note:\nNeither of these are necessary if your purchase was based on an advertisement we mailed\nto you, or if we own the company that sold you the goods or services.)\n\n\xe2\x80\xa2\n\nYou must have used your credit card for the purchase. Purchases made with cash\nadvances from an ATM or with a check that accesses your credit card account do not\nqualify. Deserve does not offer cash advances, ATM access, or credit card access checks.\n\n\xe2\x80\xa2\n\nYou must not yet have fully paid for the purchase.\n\nIf all of the criteria above are met and you are still dissatisfied with the purchase, contact us in\nwriting at:\nDeserve, Inc.\nPO Box 57780\nMurray, UT 84157-0780\n\nWhile we investigate, the same rules apply to the disputed amount as discussed above. After we\nfinish 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\nADDITIONAL DISCLOSURES\nCalifornia Residents. If you are married, you may apply for a separate account in your own\nname. As required by law, you are hereby notified that a negative credit reporting reflecting on\nyour credit record may be submitted to a credit reporting agency if you fail to fulfill the terms\nof your credit obligations. After credit approval, each applicant shall have the right to use the\ncredit card account up to the limit of the account.\n\n\x0cDelaware Residents. Charges not in excess of those permitted by law will be charged on the\noutstanding balances from month to month.\nIowa Residents. IMPORTANT: READ BEFORE SIGNING. The terms of this Cardholder\nAgreement should be read carefully because only those terms in writing are enforceable. No\nother terms or oral promises not contained in this written Cardholder Agreement may be legally\nenforced. You may change the terms of this Cardholder Agreement only by another written\nagreement.\nKentucky Residents. You may pay the unpaid balance of your account in whole or in part at\nany time.\nMaryland Residents. Finance charges will be imposed on the credit account in amounts or at\nrates not in excess of those permitted by law.\nMassachusetts Residents. Massachusetts law prohibits discrimination on the basis of race,\ncolor, religious creed, national origin, sex, gender identity, marital status, or sexual orientation.\nNew Hampshire Residents. If you prevail in any action, suit or proceeding we bring or in an\naction you bring in connection with this Cardholder Agreement, reasonable attorneys\xe2\x80\x99 fees shall\nbe awarded to you. If you successfully assert a pertinent defense, set off, recoupment or\ncounterclaim to an action brought by us, the court may withhold from us the entire amount or\nsuch portion of the attorneys\xe2\x80\x99 fees as the court deems appropriate.\n\nNew Jersey Residents. (1) The section headings of this Cardholder Agreement are a table of\ncontents and not contract terms. (2) You agree to pay our reasonable attorney\'s fees, up to 20%\nof outstanding principal and interest, paid in the collection of this account to an attorney who is\nnot our employee. (3) Provisions of this Cardholder Agreement that refer to acts or practices\nthat apply as permitted by, or except as prohibited by, applicable law are applicable to New\nJersey residents only to the extent that such acts or practices are permitted by New Jersey or\nFederal law.\n\n\x0cOhio Residents. The Ohio laws against discrimination require that all creditors make credit\nequally available to all credit worthy customers, and that credit reporting agencies maintain\nseparate credit histories on each individual upon request. The Ohio Civil Rights Commission\nadministers compliance with this law.\nUtah Residents: As required by Utah law, you are hereby notified that a negative credit report\nreflecting on your credit record may be submitted to a credit reporting agency if you fail to\nfulfill the terms of your credit obligations.\nVermont, Rhode Island and New York Residents: You understand and agree that we may\nobtain a consumer credit report in connection with any updates, renewals or extensions of any\ncredit as a result of your application and card membership. If you ask, you will be informed\nwhether or not such a report was obtained and, if so, the name and address of the agency that\nfurnished the report. You also understand and agree that we may obtain a consumer credit report\nin connection with the review or collection of any extension of credit made to you or for other\nlegitimate purposes related to such extension of credit.\n\nMarried Wisconsin Residents: If you are married: (i) you confirm that this Account is being\nincurred in the interest of your marriage or family; (ii) no provision of any marital property\nagreement, unilateral agreement, or court decree under the Wisconsin Marital Property Act will\nadversely affect a creditor\'s interest unless, before the time credit is granted, the creditor is\nfurnished a copy of that agreement or decree or has actual knowledge of the adverse provision\nwhen the obligation to the creditor is incurred; (iii) you understand and agree that we will\nprovide a copy of this Agreement to your spouse for his or her information. You must notify us\nif you have a spouse by sending your name and your spouse\'s name and address to us at PO Box\n57780, Murray, UT 84157-0780.\n\nAll Residents: You promise us that you are not planning to file bankruptcy at the time of your\napplication for your Account.\n\n\x0c\x0c'