b'CONSUMER\nCREDIT CARD\nAGREEMENT\nAND\nDISCLOSURE\nVERMONT PLATINUM CREDIT CARD\nThis Consumer Credit Card Agreement and Disclosure together with the Account Opening Disclosure and any other\nAccount opening documents or any subsequent documents provided to You related to this Account (hereinafter\ncollectively referred to as \xe2\x80\x9cAgreement\xe2\x80\x9d) govern the terms and conditions of this Account. \xe2\x80\x9cWe,\xe2\x80\x9d \xe2\x80\x9cUs,\xe2\x80\x9d \xe2\x80\x9cOur\xe2\x80\x9d and \xe2\x80\x9cOurs\xe2\x80\x9d and\n\xe2\x80\x9cCredit Union\xe2\x80\x9d refers to Vermont State Employees Credit Union with which this Agreement is made. \xe2\x80\x9cYou,\xe2\x80\x9d \xe2\x80\x9cYour,\xe2\x80\x9d and\n\xe2\x80\x9cYours\xe2\x80\x9d refers to each applicant and co-applicant for the Account; any person responsible for paying the Account; and\nanyone You authorize to use, access or service the Account. "Card" means the Visa\xc2\xae credit card and any other access\ndevices, duplicates, renewals, or substitutions, the Credit Union issues to You. "Account" means the line of credit\nestablished by this Agreement and includes Your Card.\nSECURITY INTEREST\nYou grant the Credit Union a security interest under the Uniform Commercial Code and under any common law rights\nthe Credit Union may have in any goods You purchase.\nIf You give the Credit Union a specific pledge of shares by signing a separate pledge of shares, Your pledged shares\nwill secure Your Account. You may not withdraw amounts that have been specifically pledged to secure Your Account\nuntil the Credit Union agrees to release all or part of the pledged amount.\nYou grant Us a security interest in all individual and joint share and/or deposit accounts You have with Us now\nand in the future to secure Your credit card Account. Shares and deposits in an IRA or any other account that\nwould lose special tax treatment under state or federal law if given as security are not subject to the security\ninterest You have given in Your shares and deposits. You may withdraw these other shares unless You are in\ndefault. When You are in default, You authorize Us to apply the balance in these accounts to any amounts due.\nFor example, if You have an unpaid credit card balance, You agree We may use funds in Your account(s) to pay\nany or all of the unpaid balance.\nUnless otherwise prohibited by federal and/or state law, collateral securing other loans You have with the Credit Union\nmay also secure this loan, except that a dwelling will never be considered as security for this Account, notwithstanding\nanything to the contrary in any other Agreement.\n1. USING YOUR ACCOUNT \xe2\x80\x94 By using the Account or keeping the Card, You agree to the terms of this Agreement.\nYou agree to use Your Account in accordance with this Agreement. Your Account must only be used for lawful\ntransactions.\n2. CREDIT LIMIT \xe2\x80\x94 We may establish a credit limit as part of this Agreement, which You promise not to exceed. If You\nexceed the credit limit, You promise to repay immediately the amount which exceeds the credit limit, including amounts\ndue to finance charges, fees or other charges. You may request a credit limit increase on Your Account only by a method\nacceptable to the Credit Union. We may increase or decrease Your credit limit, refuse to make an advance and/or\nterminate Your Account at any time for any reason permitted by law.\n3. REPAYMENT \xe2\x80\x94 You promise to repay all amounts You owe under this Agreement. Your promise to repay includes\nall transactions made to Your Account by You or anyone You authorize to use Your Account as well as all interest\ncharges and fees.\nFor each billing period, You must pay at least the Minimum Payment Due by the Payment Due Date.\nThe Minimum Payment Due is 3.00% of Your total New Balance, or $25.00, whichever is greater, plus any amount past\ndue and any amount by which You have exceeded Your applicable credit limit. If Your total New Balance is less than\n$25.00, then Your Minimum Payment Due is the amount of the total New Balance.\nYou may pay more frequently, pay more than the Minimum Payment Due or pay the total New Balance in full.\nIf You make extra or larger payments, You are still required to make at least the Minimum Payment Due each month Your\nAccount has a balance (other than a credit balance). The Credit Union may delay replenishing Your credit limit until the\n\xc2\xa9 CUNA Mutual Group 1991, 2006, 09, 10, 12, 14, 16 All Rights Reserved\n\n04400169-MXC30-C-1-060721 (MXC305-E)\n\n\x0cdate the payment is posted or the Credit Union confirms the payment has cleared. Payments are due by 5:00 p.m. EST,\nMonday through Friday (except holidays) via mail at the address on Your statement, in person or online. Payments\nreceived after 5:00 p.m. EST, or those received on a non-business day or via mail slot at the Credit Union are applied on\nthe next business day.\nYour payment of the required Minimum Payment Due may be applied to what You owe the Credit Union in any manner\nthe Credit Union chooses, as permitted by applicable law. If You make a payment in excess of the required Minimum\nPayment Due, the Credit Union will allocate the excess amount first to the balance with the highest annual percentage\nrate (\xe2\x80\x9cAPR\xe2\x80\x9d) and any remaining portion to the other balances in descending order based on applicable APR, unless\notherwise prescribed by applicable law. We may accept checks marked "payment in full" or with words of similar effect\nwithout losing any of Our rights to collect the full balance of Your Account with Us.\n4. INTEREST AND FINANCE CHARGES \xe2\x80\x94 We will begin charging You interest on purchases on the date the\ntransaction is posted to Your Account. We will begin charging You interest on cash advances and balance transfers on\nthe date of the transaction or the first day of the billing cycle in which the transaction is posted to Your Account, whichever\nis later (transaction date). However, We will not charge You any interest on new purchases if Your Account had a zero or\ncredit balance at the beginning of that billing cycle, or You paid the entire new balance on the previous cycle\'s billing\nstatement by the Payment Due Date of that statement. To avoid an additional finance charge on the balance of\npurchases, You must pay the entire new balance on the billing statement by the Payment Due Date of that statement.\nHow We Calculate Your Balance:\nInterest charges on Your Account are calculated separately for purchases, balance transfers and cash advances\n(\xe2\x80\x9cTransaction Type\xe2\x80\x9d). We figure the interest charge for each Transaction Type by applying the periodic rate to each\ncorresponding \xe2\x80\x9caverage daily balance.\xe2\x80\x9d To get the \xe2\x80\x9caverage daily balance\xe2\x80\x9d for a Transaction Type We take the beginning\nbalance for that Transaction Type each day, add any new transactions of that type, and subtract any unpaid interest or\nother finance charges and any applicable payments or credits. This gives Us the daily balance for each Transaction Type.\nThen, for each Transaction Type, We add up all the daily balances for the billing cycle and divide each total by the\nnumber of days in the billing cycle. This gives Us the \xe2\x80\x9caverage daily balance\xe2\x80\x9d for each Transaction Type.\n5. FEES \xe2\x80\x94 In addition to the periodic rate, additional fees may be imposed on Your Account. If applicable to Your\nAccount, the fee amounts and explanations are disclosed on the Account Opening Disclosure accompanying this\nAgreement.\n6. FOREIGN TRANSACTIONS \xe2\x80\x94 Purchases and cash advances made in foreign currencies will be debited from Your\nAccount in U.S. dollars. The exchange rate between the transaction currency and the billing currency used for processing\ninternational transactions is a rate selected by Visa from a range of rates available in wholesale currency markets for the\napplicable transaction date, which rate may vary from the rate Visa itself receives, or the rate mandated by the\ngovernment or governing body in effect for the applicable transaction date. The exchange rate used on the transaction\ndate may differ from the rate that would have been used on the processing date or cardholder statement posting date.\nA fee (finance charge), calculated in U.S. dollars, will be imposed on all foreign transactions, including purchases, cash\nadvances, and credits to Your Account. A foreign transaction is any transaction that You complete or a merchant\ncompletes on Your Card outside of the United States, with the exception of U.S. military bases, U.S. territories, U.S.\nembassies, or U.S. consulates. Transactions completed by merchants outside of the United States are considered foreign\ntransactions, regardless of whether You are located inside or outside the United States at the time of the transaction. The\nForeign Transaction Fee is set forth on the Account Opening Disclosure accompanying this Agreement.\n7. AUTHORIZATIONS \xe2\x80\x94 We do not guarantee authorization of a transaction, either by Us or by a third party, even if\nYou have sufficient credit available. You agree that We will not be liable for failing to give an authorization. We also\nreserve the right to limit the number of transactions that may be approved in one day. We reserve the right to deny certain\ntransactions for any reason and at Our sole discretion, including for default, suspected fraudulent or unlawful activity,\ninternet gambling or any indication of increased risk related to the transaction or the Account. You agree that We have no\nrequirement to notify You of the specific reason We denied a transaction. If We detect unusual or suspicious activity, We\nmay suspend Your credit privileges until We can verify the activity, or We may close the Account.\n8. INFORMATION UPDATING SERVICE AND AUTHORIZATIONS \xe2\x80\x94 If You have authorized a merchant to bill charges\nto Your Card on a recurring basis, it is Your responsibility to notify the merchant in the event Your Card is replaced, Your\nAccount information (such as Card number or expiration date) changes, or Your Account is closed. However, if Your Card\nis replaced or Your Account information changes, You authorize Us, without obligation on Our part, to provide the updated\nAccount information to the merchant in order to permit the merchant to bill recurring charges to Your Card. You authorize\nUs to apply such recurring charges to Your Card until You notify Us that You have revoked authorization for the charges\nto Your Card.\nYour Card is automatically enrolled in an information updating service. Through this service, Your updated Account\ninformation (such as Card number or expiration date) may be shared with participating merchants to facilitate continued\nrecurring charges. Updates are not guaranteed before Your next payment to a merchant is due. You are responsible for\nmaking direct payment until recurring charges resume. To revoke Your authorization allowing Us to provide updated\nAccount information to a merchant, please contact Us.\nPage 2 of 5\n04400169-MXC30-C-1-060721 (MXC305-E)\n\n\x0c9. PREAUTHORIZED CHARGES \xe2\x80\x94 We may suspend preauthorized recurring charges with merchants if, for example,\nYour Card is lost or stolen, You default, or We change Your Account for any reason. If preauthorized recurring charges\nare suspended, You are responsible for making direct payment for such charges until You contact the merchant to\nreinstate recurring charges.\n10. DEFAULT \xe2\x80\x94 You will be in default under this Agreement if You fail to pay the Minimum Payment Due by its Payment\nDue Date; pay by a check or similar instrument that is not honored or that We must return because it cannot be\nprocessed; pay by automatic debit that is returned unpaid; make any false or misleading statements in any credit\napplication or credit update; file for bankruptcy; or die. You will also be in default if You fail to comply with the terms of this\nAgreement or any other Agreement You have with Us.\nIf You default, We may close Your Account and require You to pay any unpaid balance immediately, subject to applicable\nlaw. In this Agreement and on Your Credit Card Application, You gave Us a security interest in all individual or joint share\nand/or deposit accounts with the Credit Union and authorized Us, if You defaulted, to apply the balance in these accounts\nto any amounts due. You agree We may rely on Your agreement and authorization to, upon Your default, apply any\nbalance to any amounts due on Your Account.\n11. LIABILITY FOR UNAUTHORIZED USE-LOST/STOLEN CARD NOTIFICATION \xe2\x80\x94 If You notice the loss or theft of\nYour credit card or a possible unauthorized use of Your Card, You should write to Us immediately at P.O. Box 31281,\nTampa, FL, 33631-3281 or call Us at (866) 583-5178, seven days a week 24 hours a day.\nYou will not be liable for any unauthorized use that occurs after You notify Us. You may, however, be liable for\nunauthorized use that occurs before Your notice to Us. You will have no liability for unauthorized use unless You are\nfound to be fraudulent or negligent in the handling of Your Account or Card. In any case, Your liability for unauthorized\ntransactions will not exceed $50.\nFraud Protection. We may temporarily block Your Card, without advance notice, if charges appear to be suspicious. To\nensure You have access to Your Card while traveling, call (800) 371-5162 to let Us know where You are traveling and the\nduration of Your trip.\n12. CHANGING OR TERMINATING YOUR ACCOUNT \xe2\x80\x94 As permitted by law, the Credit Union may change the terms\nof this Agreement and any attached Disclosure from time to time. Notice of any change will be given in accordance with\napplicable law. To the extent permitted by law, changes to the Agreement may apply to Your existing account balance as\nwell as to future transactions.\nInactivity. We reserve the right to terminate the Account if there are no transactions in one (1) year.\nNon-Activation. If Your Account is not activated within 60 days, we reserve the right to cancel the Account.\nArizona, California, Idaho, Louisiana, New Mexico, Nevada, Texas, Washington, and Wisconsin Residents - Either\nYou, Your spouse or the Credit Union may terminate this Agreement at any time, but termination by You, Your spouse or\nthe Credit Union will not affect Your obligation to pay the account balance plus any finance and other charges You or Your\nspouse owe under this Agreement. Your obligation to pay the account balance plus any finance and other charges You\nowe under this agreement are subject to all applicable laws and regulations regarding repayment requirements. The Card\nor Cards You receive remain the property of the Credit Union and You must recover and surrender to the Credit Union all\nCards upon request or upon termination of this Agreement whether by You or the Credit Union.\nResidents of all other states - Either You or the Credit Union may terminate this Agreement at any time, but termination\nby You or the Credit Union will not affect Your obligation to pay the account balance plus any finance and other charges\nYou owe under this Agreement. Your obligation to pay the account balance plus any finance and other charges You owe\nunder this agreement are subject to all applicable laws and regulations regarding repayment requirements. The Card or\nCards You receive remain the property of the Credit Union and You must recover and surrender to the Credit Union all\nCards upon request or upon termination of this Agreement whether by You or the Credit Union.\n13. AUTHORIZED USERS \xe2\x80\x94 Upon Your request, We may issue additional Cards for authorized users that You\ndesignate. You must notify Us in writing of any termination of an authorized user\'s right to access Your Account. Your\nnotice must include the name of the authorized user and Your Account number and/or any subaccount number issued to\nthe authorized user along with the authorized user\'s Card and any convenience or other access checks issued to the\nauthorized user. If You cannot return the authorized user\'s Card or access checks and if You request Your Account to be\nclosed, We will close Your Account and You may apply for a new Account. Alternatively, We may, at Our sole discretion,\nissue You a new Account number and a new Card.\n14. CREDIT REPORTS \xe2\x80\x94 You authorize the Credit Union to obtain credit reports and any other information We may\nneed to verify Your identity and use of the Account when opening Your Account and for any update, increase, renewal,\nextension, collection, or review of Your Account. You authorize the Credit Union to disclose information regarding Your\nAccount to credit bureaus and creditors who inquire about Your credit standing.\n15. JOINT ACCOUNTS \xe2\x80\x94 If this is a joint Account, each of You will be individually and jointly responsible for paying all\namounts owed under this Agreement. This means that the Credit Union can require any one of You individually to repay\nthe entire amount owed under this Agreement. Each of You authorizes the other(s) to make transactions on the Account\nindividually. Any one of You may terminate the Account and the termination will be effective as to all of You.\nPage 3 of 5\n04400169-MXC30-C-1-060721 (MXC305-E)\n\n\x0c16. EFFECT OF AGREEMENT \xe2\x80\x94 This Agreement is the contract which applies to all transactions on Your Account even\nthough the sales, cash advances, credit or other slips You sign or receive may contain different terms.\n17. SEVERABILITY AND FINAL EXPRESSION \xe2\x80\x94 This Agreement is the final expression of the terms and conditions of\nYour Account. This written Agreement may not be contradicted by evidence of any alleged oral Agreement. Should any\npart of this Agreement be found to be invalid or unenforceable, all other parts of this Agreement shall remain in effect and\nfully enforceable to the fullest extent possible under this Agreement.\n18. ILLEGAL TRANSACTIONS PROHIBITED \xe2\x80\x94 You agree that You will not use Your Card for any transaction, including\nany type of electronic gambling transaction through the Internet, that is illegal under applicable federal, state, or local law.\nEven if You use Your Card for an illegal transaction, You will be responsible for all amounts and charges incurred in\nconnection with the transaction. This paragraph shall not be interpreted as permitting or authorizing any transaction that is\nillegal.\n19. APPLICABLE LAW \xe2\x80\x94 The terms and enforcement of this Agreement shall be governed by federal law and the law of\nVermont.\n20. ENFORCING THIS AGREEMENT \xe2\x80\x94 We can delay in enforcing or fail to enforce any of Our rights under this\nAgreement without losing them.\n21. COLLECTION COSTS \xe2\x80\x94 If We refer collection of Your Account to a lawyer who is not Our salaried employee, You\nare liable for any reasonable attorney\xe2\x80\x99s fees We incur, plus the costs and expenses of any legal action, as further\ndisclosed on this Agreement, or to the extent allowed by law.\n22. ASSIGNMENT \xe2\x80\x94 We may assign any or all of Our rights and obligations under this Agreement to a third party.\n23. CALIFORNIA RESIDENTS \xe2\x80\x94 A married applicant may apply for a separate Account. Applicants: 1) may, after credit\napproval, use the credit card Account up to its credit limit; 2) may be liable for amounts extended under the plan to any\njoint applicant. As required by law, You are hereby notified that a negative credit report reflecting on Your credit record\nmay be submitted to a credit reporting agency if You fail to fulfill the terms of Your credit obligations.\n24. FLORIDA RESIDENTS \xe2\x80\x94 You (borrower) agree that, should We obtain a judgment against You, a portion of\nYour disposable earnings may be attached or garnished (paid to Us by Your employer), as provided by Florida\nand Federal law.\n25. MARYLAND RESIDENTS \xe2\x80\x94 To the extent, if any, that Maryland law applies to Your Account, We elect to offer Your\nCard Account pursuant to Title 12, Subtitle 9 of the Maryland Commercial Law Article.\n26. MISSOURI RESIDENTS \xe2\x80\x94 Oral Agreements or commitments to loan money, extend credit or to forbear from\nenforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect\nYou (borrower(s)) and Us (creditor) from misunderstanding or disappointment, any Agreements We reach\ncovering such matters are contained in this writing, which is the complete and exclusive statement of the\nAgreement between Us, except as We may later agree in writing to modify it.\n27. NEW YORK RESIDENTS \xe2\x80\x94 We may obtain a credit report in connection with this Account, including for any review,\nmodification, renewal or collections associated with this Account. Upon Your request, You will be informed whether such\nreport was requested and, if so, the name and address of the consumer reporting agency furnishing the report. New York\nresidents may contact the New York State Department of Financial Services at 800.342.3736 or www.dfs.ny.gov to obtain\na comparative listing of credit card rates, fees and grace periods.\n28. OHIO RESIDENTS \xe2\x80\x94 The Ohio laws against discrimination require that all creditors make credit equally available to\nall creditworthy customers and that credit reporting agencies maintain separate credit histories on each individual upon\nrequest. The Ohio Civil Rights Commission administers compliance with this law.\n29. SOUTH DAKOTA RESIDENTS \xe2\x80\x94 If You believe there have been any improprieties in making this loan or in the\nlender\xe2\x80\x99s loan practices, You may contact the South Dakota Division of Banking at 1601 N. Harrison Ave, Suite 1, Pierre,\nSD 57501, or by phone at 605.773.3421.\n30. WISCONSIN RESIDENTS \xe2\x80\x94 If You are married, please contact Us immediately upon receipt of this Agreement at the\naddress or phone number listed on this Agreement and provide Us with the name and address of Your spouse. We are\nrequired to inform Your spouse that We have opened an Account for You.\n31. NOTICE TO UTAH BORROWERS \xe2\x80\x94 This written Agreement is a final expression of the Agreement between You\nand the Credit Union. This written Agreement may not be contradicted by evidence of any oral Agreement. As required by\nlaw, You are hereby notified that a negative credit report reflecting on Your credit record may be submitted to a credit\nreporting agency if You fail to fulfill the terms of Your credit obligations.\n32. THE FOLLOWING IS REQUIRED BY VERMONT LAW \xe2\x80\x94 NOTICE TO CO-SIGNER \xe2\x80\x94 YOUR SIGNATURE ON\nTHIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER\nDOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU.\n\nPage 4 of 5\n04400169-MXC30-C-1-060721 (MXC305-E)\n\n\x0cYour 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 the address listed on Your statement.\nIn Your letter, give Us the following information:\n\n- Account information: Your name and Account number.\n- Dollar amount: The dollar amount of the suspected error.\n- Description of problem: If You think there is an error on Your bill, describe what You believe is wrong and why You\nbelieve it is a mistake.\nYou must contact Us:\n- Within 60 days after the error appeared on Your statement.\n- At least three business days before an automated payment is scheduled, if You want to stop payment on the amount\nYou think is wrong.\nYou must notify Us of any potential errors in writing or electronically. You may call Us, but if You do We are not required\nto investigate any potential errors and You may have to pay the amount in question.\nWhat Will Happen After We Receive Your Letter\nWhen We receive Your letter, We must do two things:\n1. Within 30 days of receiving Your letter, We must tell You that We received Your letter. We will also tell You if We have\nalready corrected the error.\n2. Within 90 days of receiving Your letter, We must either correct the error or explain to You why We believe the bill is\ncorrect.\nWhile We investigate whether or not there has been an error:\n- We cannot try to collect the amount in question, or report You as delinquent on that amount.\n- The charge in question may remain on Your statement, and We may continue to charge You interest on that amount.\n- While You do not have to pay the amount in question, You are responsible for the remainder of Your balance.\n- We can apply any unpaid amount against Your credit limit.\nAfter We finish Our investigation, one of two things will happen:\n- If We made a mistake: You will not have to pay the amount in question or any interest or other fees related to that\namount.\n- If We do not believe there was a mistake: You will have to pay the amount in question, along with applicable\ninterest and fees. We will send You a statement of the amount You owe and the date payment is due. We may then\nreport You as delinquent if You do not pay the amount We think You owe.\nIf You receive Our explanation but still believe Your bill is wrong, You must write to Us within 10 days telling Us that You\nstill refuse to pay. If You do so, We cannot report You as delinquent without also reporting that You are questioning Your\nbill. We must tell You the name of anyone to whom We reported You as delinquent, and We must let those organizations\nknow when the matter has been settled between Us.\nIf We do not follow all of the rules above, You do not have to pay the first $50 of the amount You question even if Your bill\nis correct.\nYour Rights if You Are Dissatisfied With Your Credit Card Purchases\nIf You are dissatisfied with the goods or services that You have purchased with Your credit card, and You have tried in\ngood faith to correct the problem with the merchant, 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 Your current mailing address, and the\npurchase price must have been more than $50. (Note: Neither of these are necessary if Your purchase was based on\nan advertisement We mailed to You, or if We own the company that sold You the goods or services.)\n2. You must have used Your credit card for the purchase. Purchases made with cash advances from an ATM or with a\ncheck that accesses Your credit card Account do not qualify.\n3. You must not yet have fully paid for the purchase.\nIf all of the criteria above are met and You are still dissatisfied with the purchase, contact Us in writing or electronically at\nthe address listed on Your statement.\nWhile We investigate, the same rules apply to the disputed amount as discussed above. After We finish Our investigation,\nWe will tell You Our decision. At that point, if We think You owe an amount and You do not pay, We may report You as\ndelinquent.\nPage 5 of 5\n04400169-MXC30-C-1-060721 (MXC305-E)\n\n\x0cCREDIT CARD\nACCOUNT\nOPENING\nDISCLOSURE\nVERMONT PLATINUM CREDIT CARD\nThis Disclosure is incorporated into and becomes part of Your LOANLINER\xc2\xae Consumer Credit Card Agreement &\nDisclosure. Please keep this attached to Your LOANLINER Consumer Credit Card Agreement & Disclosure.\nInterest Rates and Interest Charges\nAnnual Percentage Rate (APR) for\nPurchases\n\nVermont Based Rate\n\n6.50%\nThis APR will vary with the market based on the Prime Rate.\nStandard Rate\n\n10.50%\nAPR for Balance Transfers\nAPR for Cash Advances\nPenalty APR and When it Applies\nPaying Interest\n\nMinimum Interest Charge\nFor Credit Card Tips from the\nConsumer Financial Protection Bureau\n\nThis APR will vary with the market based on the Prime Rate.\n6.50%\nThis APR will vary with the market based on the Prime Rate.\n10.50%\nThis APR will vary with the market based on the Prime Rate.\nNone\nYour due date is at least 25 days after the close of each billing cycle. We will\nnot charge You any interest on purchases if You pay Your entire balance by\nthe due date each month. We will begin charging interest on cash advances\nand balance transfers on the transaction date.\nNone\nTo learn more about factors to consider when applying for or using a\ncredit card, visit the website of the Consumer Financial Protection\nBureau at http://www.consumerfinance.gov/learnmore.\n\nFees\nAnnual Fee\n- Annual Fee\n\nNone\n\nTransaction Fees\n- Balance Transfer Fee\n- Cash Advance Fee\n- Foreign Transaction Fee\n\nNone\nNone\n1.00% of each transaction in U.S. dollars\n\nPenalty Fees\n- Late Payment Fee\n\nUp to $20.00\n\nHow We Will Calculate Your Balance:\nWe use a method called "average daily balance (including new purchases)." See Your Account Agreement for more\ndetails.\nVermont Based Rate:\nThe Vermont Based APR will apply to purchases identified by the merchant\xe2\x80\x99s processing code. This is contingent on how\na merchant has set up their processing system and if they use a Vermont state code within their address for transactions\nprocessed by them.\n\nSEE NEXT PAGE for more important information about Your Account.\n\xc2\xa9 CUNA Mutual Group 2009, 10, 12, 16 All Rights Reserved\n\n04400169-MXC20-C-1-081417 (MXC201-E)\n\n\x0cBilling Rights:\nInformation on Your rights to dispute transactions and how to exercise those rights is provided in Your Account\nAgreement.\nMilitary Lending Act Disclosures:\nFederal law provides important protections to members of the Armed Forces and their dependents relating to extensions\nof consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent\nmay not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or\naccount: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the\ncredit transaction; any application fee charged (other than certain application fees for specified credit transactions or\naccounts); and any participation fee charged (other than certain participation fees for a credit card account).\nPlease call us at 1 (800) 371-5162 to receive oral disclosures of the Military Lending Act disclosure above and a\ndescription of the payment obligation.\nOther Fees & Disclosures:\nLate Payment Fee:\n100.00% of the amount of the required minimum payment, if You are 5 or more days late in making a payment. However,\nthe fee will not exceed $20.00. If Your Account is subject to a Late Payment Fee, the fee will be charged to Your Account\nwhen You do not make the required minimum payment by or within the number of days of the statement Payment Due\nDate set forth on this Disclosure.\nCard Replacement Fee:\n$10.00. If Your Account is subject to a Card Replacement Fee, a fee will be charged for each replacement Card that is\nissued to You for any reason.\nExpedited Card Replacement Fee:\n$40.00. If Your Account is subject to an Expedited Card Replacement Fee, except as limited by applicable law, a fee may\nbe charged to Your Account for each rush Card that You request, providing that delivery of the Card is also available by\nstandard mail service, without paying a fee for delivery.\nInitial Request Stop Payment/Revocation of Authorization Fee:\n$18.00. If Your Account is subject to an Initial Request Stop Payment/Revocation of Authorization Fee, except as limited\nby applicable law, a fee may be charged to Your Account each time you request payment to be stopped on a convenience\ncheck or balance transfer check or pending authorization.\nUpdate to Initial Request Stop Payment/Revocation of Authorization Fee:\n$1.50. If Your Account is subject to an Update Request Stop Payment/Revocation of Authorization Fee, except as limited\nby applicable law, a fee may be charged to Your Account each time you request payment to update a stop\npayment/revocation of authorization on a convenience check or balance transfer check or pending authorization.\nCollection Costs:\nYou agree to pay all costs of collecting the amount You owe under this Agreement, including court costs and reasonable\nattorney\'s fees.\nPeriodic Rates:\nVermont Based Rate Purchase APR is 6.50%\nwhich is a monthly periodic rate of 0.5416%.\nStandard Rate Purchase APR is 10.50% which is a monthly periodic rate of 0.875%.\nThe Balance Transfer APR is 6.50%\nwhich is a monthly periodic rate of 0.5416%.\nThe Cash Advance APR is 10.50% which is a monthly periodic rate of 0.875%.\nVariable Rate:\nThe ANNUAL PERCENTAGE RATE may increase in the future. The ANNUAL PERCENTAGE RATE is subject to change\non the first day of the billing cycle monthly to reflect any change in the Index and will be determined by the Prime Rate on\nthe 10th day of each month or the business day preceding the 10th day if that day falls on a weekend, to which We add a\nmargin. The ANNUAL PERCENTAGE RATE will never be greater than 18.00%. Any increase in the ANNUAL\nPERCENTAGE RATE will result in an increase in the amount of the interest You will pay, may increase Your minimum\npayment, and may increase the number of payments to pay off Your balance. If the Index is no longer available, the Credit\nUnion will choose a new index which is based upon comparable information.\nMargin:\nVermont Based Rate Purchases will be charged at 3.25% above the Index.\nStandard Rate Purchases will be charged at 7.25% above the Index.\nBalance Transfers will be charged at 3.25% above the Index.\nCash Advances will be charged at 7.25% above the Index.\n\n\xc2\xa9 CUNA Mutual Group 2009, 10, 12, 16 All Rights Reserved\n\n04400169-MXC20-C-1-081417 (MXC201-E)\n\n\x0c'


b'Interest Rates and Interest Charges\nAnnual Percentage Rate (APR) for Purchases\n\n13.75% -19.75%. Based upon your credit\nThis APR will vary with the market based on the Prime Rate.\n\nAPR for Balance Transfers\n\n13.75%-19.75% Based upon your credit\nThis APR will vary with the market based on the Prime Rate.\n\nAPR for Cash Advances\n\n13.75%-19.75% Based upon your credit\nThis APR will vary with the market based on the Prime Rate.\n\nPenalty APR and When It Applies\n\n23%. This APR will vary with the market based on the Prime\nRate.\nThis APR may be applied to your\naccount if you:\n1. Make a payment that is late 60\ndays or more\n2. Go over your credit line.\n3. Make a payment that is\nreturned; or\n4. Do any of the above on another\naccount that you have with us.\n\nPaying Interest\n\nMinimum Interest Charge\n\nHow Long Will the Penalty APR\nApply? If we increase your APRs\ndue to a late payment, we may\nkeep them at this higher level on\nexisting and new balances until you\nmake six consecutive on-time\npayments. If we increase your\nAPRs for any other reason, we\nmay keep them at this higher level\non new balances indefinitely.\n\nYour due date is at least 25 days after the close of each billing period\n(at least 23 days for billing periods that begin in February). We will not\ncharge you any interest on purchases if you pay your entire balance\nby the due date each month. We will begin charging interest on cash\nadvances and balance transfers as of the later of the transaction date\nor the first day of the billing period in which the transaction posted to\nyour Account.\nIf you are charged interest, the charge will be no less than $2.00.\n\nFees\nAnnual Fee\nBalance Transfer Fee\nCash Advance Fee\nLate Fee\nReturned Payment Fee\n\nNone\n3% of the amount of each transfer.\nEither $10 or 5% of the amount of each cash advance, whichever is\ngreater.\nNone the first time you pay late. After that, up to $35.\nUp to $35.\n\nHow We Will Calculate Your Balance: We will use a method called \xe2\x80\x9cdaily balance (including current transactions)\xe2\x80\x9d.\nSee the Cardmember Agreement for details.\n\nShopping for and using credit cards: Information concerning shopping for and using credit cards can be\nfound at www.consumerfinance.gov/learnmore\nInformation on your rights to dispute transactions and how to exercise those rights is provided in your\naccount agreement.\n\n\x0cThank you for choosing Dart Bank. This Agreement explains the current terms and conditions of your Account. The enclosed Pricing Schedule is part of this\nAgreement. Please read this Agreement, including the Pricing Schedule, carefully. Keep them for your records. Contact us if you have any questions. We\nhave included a \xe2\x80\x9cDefinitions\xe2\x80\x9d section for your reference on page 4.\n\nACCEPTANCE OF AGREEMENT\nYou accept this Agreement if you do not cancel your Account within 30 days after receiving a Card. You also accept this Agreement if you\nor an Authorized User use the Account. You may, however, reject the \xe2\x80\x9cArbitration of Disputes\xe2\x80\x9d section as explained in that section.\n\nCHANGES TO YOUR AGREEMENT\nThe rates, fees and terms of this Agreement may change from time to time. We may add or delete any term to this Agreement. If required\nby law, we will give you advance written notice of the change(s) and a right to reject the change(s). We will not charge any fee or interest\ncharge prohibited by law.\n\nUSING YOUR ACCOUNT\nPermitted Uses\nAuthorized Users\nJoint Accounts\nChecks\nCredit\nAuthorizations\nCredit Lines\n\nYou may use your Account for Purchases, Balance Transfers and Cash Advances. You may not use it for illegal transactions.\nYou may request additional Cards for Authorized Users. You must notify us if you wish to cancel the authority of an\nAuthorized User to use your Account.\nIf your Account is a joint Account\xe2\x80\xa2 each of you agrees to be liable individually and jointly for the entire amount owed on the\nAccount; and\xe2\x80\xa2 any notice we mail to an address provided by either of you for the Account will serve as notice to both of you.\nIf we provide you with Checks, we will tell you whether we will treat the Check as a Purchase, Balance Transfer or Cash\nAdvance. You may not use these Checks to pay any amount you owe us.\nWe may not authorize a transaction for security or other reasons. We will not be liable to you if we decline to authorize a\ntransaction or if anyone refuses your Card, Check or Account number.\nWe will tell you what your Account credit line is. You\nfor Cash Advances. We may increase or decrease your Account\nmust keep your Account balance below your Account\ncredit line or your Cash Advance credit line without notice. We\ncredit line. If you do not, we may request immediate\nmay delay increasing your available credit by the amount of any\npayment of the amount by which you exceed it. We may\npayment that we receive for up to 10 business days.\nestablish a lower credit line\n\nFEES (See your Pricing Schedule for Additional Fees)\nLate Fee\n\nReturned Payment\nFee\n\nReturned Check Fee\n\nWe will not charge a Late Fee the first time you do not make the Minimum Payment Due by the Payment Due Date. After\nthat, if you do not pay the Minimum Payment Due by the Payment Due Date, we will charge you a Late Fee. The fee is $25 if\nyou were not charged a Late Fee during any of the prior six billing periods. Otherwise, the fee is $35. This fee will never\nexceed the Minimum Payment Due that was due immediately prior to the date on which the fee was assessed.\nIf you make a payment that is not honored by your financial institution, we will charge you a Returned Payment Fee even if\nthe payment is honored after we re-submit it. The fee is $25 if you were not charged a Returned Payment Fee during any of\nthe prior six billing periods. Otherwise, the fee is $35. This fee will never exceed the Minimum Payment Due that was due\nimmediately prior to the date on which the payment was returned to us.\nWe will charge you a Returned Check Fee each time we decline to honor a Check. The fee is $25 if you were not charged a\nReturned Check Fee during any of the prior six billing periods. Otherwise, the fee is $35. This fee will never exceed the\namount of the Check.\n\nANNUAL PERCENTAGE RATES (\xe2\x80\x9cAPRs\xe2\x80\x9d) (See your Pricing Schedule for the APRs that apply to your Account)\nVariable APRs\n\nYour Pricing Schedule may include variable APRs. These\nAPRs are determined by adding the number of\npercentage points that we specify to the Prime Rate.\nVariable APRs will increase or decrease when the Prime\nRate changes. The APR change\n\nwill take effect on the first day of the billing period that begins\nduring the same calendar month that the Prime Rate changes.\nAn increase in the APR will increase your interest charges and\nmay increase your Minimum Payment Due.\n\n\x0cMAKING PAYMENTS\nPayment\nInstructions\n\n\xe2\x80\xa2 You must pay us in U.S. dollars. All checks must be\ndrawn on funds on deposit in the U.S.\n\xe2\x80\xa2 You must pay us for all amounts due on your Account.\nThis includes charges made by Authorized Users.\n\xe2\x80\xa2 We may refuse to accept a payment in a foreign\ncurrency. If we do accept it, we will charge your Account\nour cost to convert it to U.S. dollars.\n\nother restrictive endorsement without losing any of our\nrights under this Agreement.\n\xe2\x80\xa2 We credit your payments in accordance with the terms\ncontained on your billing statement.\n\xe2\x80\xa2 If you mail your payment to an address other than the\naddress designated on your billing statement, there may be a\ndelay in processing and crediting the payment to your Account.\n\n\xe2\x80\xa2 We can accept late payments, partial payments or\npayments marked \xe2\x80\x9cpayment in full\xe2\x80\x9d or with any\nMinimum Payment\nDue\n\nHow We Apply\nPayments\n\nYou may pay the entire New Balance shown on your\nbilling statement at any time. Each billing period you must\npay at least the Minimum Payment Due by the Payment\nDue Date shown on your billing statement. The Minimum\nPayment Due will be the greater of:\xe2\x80\xa2 $20; or\n\xe2\x80\xa2 Any amount past due plus the greater of:\n\xe2\x80\x93 3% of the New Balance shown on your billing statement\n(excluding any Interest Charges and Late Fee shown on\nyour billing statement); or \xe2\x80\x93 any Interest\nWe apply payments and credits at our discretion,\nincluding in a manner most favorable or convenient for\nus. In all cases, we will apply payments and credits as\nrequired by applicable law.\n\nCharges and Late Fee shown on your billing statement, plus\n$15 (not to exceed 4% of the New Balance).\nThe Minimum Payment Due may also include amounts by\nwhich you exceed your Account credit line. It will never exceed\nthe New Balance. When we calculate the Minimum Payment\nDue, we may subtract from the New Balance certain fees\nadded to your Account during the billing period. The Minimum\nPayment Due is rounded up to the nearest dollar.\n\nWe calculate interest charges each billing period by first\nfiguring the \xe2\x80\x9cdaily balance\xe2\x80\x9d for each Transaction\nCategory. Transaction Categories include standard\nPurchases, standard Cash Advances and different\npromotional balances, such as Balance Transfers.\nHow We Figure the Daily Balance for Each\nTransaction Category\n\xe2\x80\xa2 We start with the beginning balance for each day. The\nbeginning balance for the first day of the billing period is\nyour balance on the last day of your previous billing\nperiod.\n\xe2\x80\xa2 We add any interest charges accrued on the previous\nday\xe2\x80\x99s daily balance and any new transactions and fees.\nWe add any new transactions or fees as of the later of the\nTransaction Date or the first day of the billing period in\nwhich the transaction or fee posted to your Account.\n\xe2\x80\xa2 We subtract any new credits and payments.\n\xe2\x80\xa2 We make other adjustments (including those\nadjustments required in the \xe2\x80\x9cPaying Interest\xe2\x80\x9d section).\nWhen Interest Charges Begin We begin to impose\ninterest charges on a transaction, fee or interest charge\nfrom the day we add it to the daily balance. We continue\nto impose interest charges until you pay the total amount\nyou owe us. You can avoid paying interest on\nPurchases as described below. However, you cannot\navoid paying interest on Balance Transfers or Cash\nAdvances.\nHow to Avoid Paying Interest on Purchases (\xe2\x80\x9cGrace\nPeriod\xe2\x80\x9d)If you paid the New Balance on your previous\n\nHow We Figure Your Total Interest Charges\n\xe2\x80\xa2 We multiply the daily balance for each Transaction Category\nby its daily periodic rate. We do this for each day in the billing\nperiod. This gives us the interest charges for each Transaction\nCategory. To get a daily periodic rate, we divide the APR that\napplies to the Transaction Category by 365.\n\xe2\x80\xa2 We add up all the daily interest charges. The sum is the total\ninterest charge for the billing period.\nHow We Include Fees\nWe add Balance Transfer Fees to the applicable Balance\nTransfer Transaction Category. We add Cash Advance Fees to\nthe applicable Cash Advance Transaction Category. We add\nall other fees to the standard Purchase Transaction Category.\n\nEach billing period, we will generally apply amounts you pay\nthat exceed the Minimum Payment Due to balances with\nhigher APRs before balances with lower APRs as of the date\nwe credit your payment.\n\nINTEREST CHARGES\nHow We Calculate\nInterest Charges\xe2\x80\x94\nDaily Balance\nMethod (including\ncurrent\ntransactions)\n\nPaying Interest\n\nbilling statement by the Payment Due. Date shown on that billing\nstatement, we will not impose interest charges on new\nPurchases, or any portion of a new Purchase, paid by the\nPayment Due Date on your current billing statement. New\nPurchases are Purchases that first appear on the current billing\nstatement.\nHow We Apply Payments May Impact Your Grace Period If\nyou do not pay your New Balance in full each month, then,\ndepending on the balance to which we apply your payment, you\nmay not get a grace period on new Purchases.\n\n\x0cOTHER IMPORTANT INFORMATION\nDefault\n\nYou are in default if:\n\xe2\x80\xa2 you file bankruptcy or another insolvency proceeding is\nfiled by you or against you;\n\xe2\x80\xa2 we have a reasonable belief that you are unable or\nunwilling to repay your obligations to us;\n\xe2\x80\xa2 you die or are legally declared incompetent or\nincapacitated;\n\n\xe2\x80\xa2 you fail to comply with the terms of this Agreement or any\nAgreement with us or an Affiliate, including failing to make a\nrequired payment when due, exceeding your Account credit line\nor using your Card or Account for an illegal transaction.\nIf you are in default, we may declare the entire balance of your\nAccount immediately due and payable without notice.\n\nCollection Costs\nMerchant\nDisputes\n\nBilling\nDisputes\n\nIf we use an attorney to collect your Account, we may charge you our legal costs as permitted by law. These include\nreasonable attorneys\xe2\x80\x99 fees, court or other collection costs, and fees and costs of any appeal.\nIf you have a dispute with a merchant, you may request a credit to your Account. If we resolve the dispute in your favor, we will issue a\ncredit to your Account. You assign to us your claim for the credited amount against the merchant and/or any third party. At our request, you\nagree to provide this assignment in writing.\n\nIf you think there is an error on your statement? You may write to us at: Dart Bank, 368 S. Park St. Mason MI 48854 or may email us at\nwww.dartbank.com. In your letter please provide the following information; your name and account number, the dollar amount of the\nsuspected error, and a description of what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days\nafter the error appears on your statement. You must notify us of any potential errors in writing, or electronically. You may call us, but if you\ndo we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate While we\ninvestigate whether or not there has been an error, we cannot try to collect the amount in question, or report you as delinquent on that\namount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we\ndetermine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount.\nWhile you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid\namount against your credit limit.\n\nAutomatic Billing\nArrangements\nOur Privacy Policy\n\nReporting to Credit\nReporting Agencies\n\nOur\nCommunications\nwith You\n\nUnauthorized Use\n\nCancellation of Your\nAccount\nPurchases and\nCash Advances in\nForeign Currencies\n\nYou may set up automatic billing with a merchant. If your Account number or Card expiration date changes, you authorize us\nto provide this updated information to any such merchant at our discretion. You must contact the merchant directly if you wish\nto stop automatic billing.\nWe send you our Privacy Policy when you open your \xe2\x80\xa2 how we safeguard its confidentiality and security;\nAccount\nand\nannually.\nContact\nus\nor\nvisit \xe2\x80\xa2 when it may be shared with others; and\nwww.dartbank.com if you would like a copy. Please read \xe2\x80\xa2 how you can limit our sharing of this information.\nit carefully. It summarizes:\n\xe2\x80\xa2 the personal information we collect;\nWe may from time to time review your credit, employment If you believe that information we reported is inaccurate or\nand income records. We may report the status and incomplete, please write us at Dart Bank 368 S. Park St. PO\npayment history of your Account to credit reporting Box 40 Mason, MI 48854. Please include your name, address,\nagencies and other creditors. We normally report to credit home phone number and Account number.\nreporting agencies each month.\nYou agree that we (and our affiliates, agents, and you at. We may contact you in any way, such as calling, texting,\ncontractors) may monitor or record any calls between you or e-mail. We may contact you using an automated dialer or\nand us. If we need to contact you to service your Account using pre-recorded messages. We may contact you on a mobile,\nor to collect amounts you owe to us, you authorize us wireless, or similar device, even if you are charged for it by your\n(and our affiliates, agents, and contractors) to contact you provider.\nat any number (i) you have provided to us (ii) from which\nyou called us, or (iii) which we obtained and believe we\ncan reach\nYou must notify us immediately if:\n\xe2\x80\xa2 your Card is lost or stolen; or\n\xe2\x80\xa2 you believe someone is using your Account or a Card without your permission.\n\xe2\x80\xa2 You may cancel your Account. You will remain responsible for any amount you owe us under this Agreement.\n\xe2\x80\xa2 Any joint Accountholder may cancel a joint Account. However, both of you will remain responsible for paying all amounts\nowed.\nIf you make a Purchase or Cash Advance in a foreign depending on the country and currency in which the transaction\ncurrency, we will convert it to U.S. dollars using a rate we is made. We use the rate in effect on the conversion date for the\nchoose. This rate will either be a government-mandated transaction. This rate may be different than the rate in effect on\nrate, a government-published rate or the interbank the Transaction Date for the transaction.\nexchange rate,\n\n\x0cGoverning Law\n\nThis Agreement is governed by applicable federal law and by Michigan law.\n\nSeverability\n\nIf any part of this Agreement is found to be invalid, the rest of it will still remain in effect. However, if the Class Action Waiver\nin the \xe2\x80\x9cArbitration of Disputes\xe2\x80\x9d section is invalidated in any proceeding in which you and we are involved, then the \xe2\x80\x9cArbitration\nof Disputes\xe2\x80\x9d section will be void with respect to that proceeding.\nWe may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them.\n\nEnforcing this\nAgreement\nAssignment of\nAccount\n\nWe may sell, assign or transfer your Account or any portion of it without notice to you. You may not sell, assign or transfer\nyour Account without first obtaining our prior written consent.\n\nCONTACT US\nUnless we tell you otherwise, you can notify us:\n\xe2\x80\xa2 by phone at 1-800-347-3085 or\n\xe2\x80\xa2 in writing to Dart Bank, 368 S. Park ST. PO Box 40\nMason MI. 48854\n\nWhen writing, please include your name, address, home phone\nnumber and Account number. You must contact us within 15\ndays after changing your e-mail address, mailing address or\nphone number.\n\n\xe2\x80\x9cAccount\xe2\x80\x9d means your Dart Bank card account.\n\xe2\x80\x9cAffiliate\xe2\x80\x9d means our parent corporations, subsidiaries\nand affiliates.\n\xe2\x80\x9c Authorized User\xe2\x80\x9d means any person you authorize to\nuse your Account or a Card, whether you notify us or not.\n\xe2\x80\x9c Balance Transfer\xe2\x80\x9d means a balance transferred from\nanother creditor to your Account.\n\xe2\x80\x9c Card\xe2\x80\x9d means any one or more Dart Bankcards issued to\nyou or someone else with your authorization.\n\xe2\x80\x9cCash Advance\xe2\x80\x9d means the use of your Account to:\n\xe2\x80\xa2 obtain cash from participating automated teller machines,\nfinancial institutions or other locations;\n\xe2\x80\xa2 purchase lottery tickets, money orders, casino chips,\nforeign currency or similar items.\n\n\xe2\x80\x9cCheck\xe2\x80\x9d means any check we send to you to access your\nAccount.\n\xe2\x80\x9c Pricing Schedule\xe2\x80\x9d means the document entitled, \xe2\x80\x9cPricing\nSchedule\xe2\x80\x9d, which lists the APRs that apply to your Account and\nother important information.\n\xe2\x80\x9c Prime Rate\xe2\x80\x9d means the highest rate of interest listed as the\nU.S. Prime rate in the Money Rates section of The Wall Street\nJournal on the last business day of the month.\n\xe2\x80\x9c Purchase\xe2\x80\x9d means the use of your Account to purchase or\nlease goods or services at participating merchants.\n\xe2\x80\x9cWe,\xe2\x80\x9d \xe2\x80\x9cus\xe2\x80\x9d and \xe2\x80\x9cour\xe2\x80\x9d refer to Dart Bank, the issuer of your\nCard.\n\xe2\x80\x9cYou,\xe2\x80\x9d \xe2\x80\x9cyour\xe2\x80\x9d or \xe2\x80\x9cyours\xe2\x80\x9d refer to you and any other person(s)\nwho are also contractually liable under this Agreement.\n\xe2\x80\x9cTransaction Date\xe2\x80\x9d means the date shown on your billing\nstatement for a transaction or fee.\n\nDEFINITIONS\n\n\x0cARBITRATION\nAgreement to arbitrate. In the event of a dispute\nbetween you and us arising under or relating to\nthis Account, either may choose to resolve the\ndispute by binding arbitration, as described\nbelow, instead of in court. Any claim (except for a\nclaim challenging the validity or enforceability of\nthis arbitration agreement, including the Class\nAction Waiver) may be resolved by binding\narbitration if either side requests it. THIS MEANS\nIF\nEITHER\nYOU\nOR\nWE\nCHOOSE\nARBITRATION, NEITHER PARTY SHALL HAVE\nTHE RIGHT TO LITIGATE SUCH CLAIM IN\nCOURT OR TO HAVE A JURY TRIAL. ALSO\nDISCOVERY AND APPEAL RIGHTS ARE\nLIMITED IN ARBITRATION.\nCLASS ACTION WAIVER. ARBITRATION MUST\nBE ON AN INDIVIDUAL BASIS. THIS MEANS\nNEITHER YOU NOR WE MAY JOIN OR\nCONSOLIDATE CLAIMS IN ARBITRATION BY\nOR AGAINST OTHER CARDMEMBERS, OR\nLITIGATE IN COURT OR ARBITRATE ANY\nCLAIMS AS A REPRESENTATIVE OR MEMBER\nOF A CLASS OR IN A PRIVATE ATTORNEY\nGENERAL CAPACITY.\nOnly a court, and not an arbitrator, shall\ndetermine the validity and effect of the Class\nAction Waiver. Even if all parties have opted to\nlitigate a claim in court, you or we may elect\narbitration with respect to any claim made by a\nnew party or any new claims later asserted in that\nlawsuit.\nYour Right to Go To Small Claims Court. We will\nnot choose to arbitrate any claim you bring in\nsmall claims court. However, if such a claim is\ntransferred, removed or appealed to a different\ncourt, we may then choose to arbitrate.\nGoverning Law and Rules. This arbitration\nagreement is governed by the Federal Arbitration\nAct (FAA). Arbitration must proceed only with the\nAmerican Arbitration Association (AAA) or JAMS.\nThe rules for the arbitration will be those in this\narbitration agreement and the procedures of the\nchosen arbitration organization, but the rules in\nthis arbitration agreement will be followed if there\nis disagreement between the agreement and the\norganization\xe2\x80\x99s procedures. If the organization\xe2\x80\x99s\nprocedures change after the claim is filed, the\nprocedures in effect when the claim was filed will\n\napply. For a copy of each organization\xe2\x80\x99s\nprocedures, to file a claim or for other information,\nplease contact:\n\xe2\x80\xa2 AAA at 1101 Laurel Oak Rd., Voorhees, NJ\n08043, www.adr.org (phone 1-877-495-4185) or\n\xe2\x80\xa2 JAMS at 620 Eighth Ave., Floor 34, New York,\n\xe2\x80\xa2 AAA at 1101 Laurel Oak Rd., Voorhees, NJ\n08043, www.adr.org (phone 1-877-495-4185) or\n\xe2\x80\xa2 JAMS at 620 Eighth Ave., Floor 34, New York,\nNY 10018, www.jamsadr.com (phone 1-800-3525267).\nIf both AAA and JAMS are completely\nunavailable, and if you and we cannot agree on a\nsubstitute, then either you or we may request that\na court appoint a substitute.\n\noriginal award issues. The appealing party pays\nall appellate costs unless the appellate panel\ndetermines otherwise as part of its award.\nAny arbitration award may be enforced\n(such as through a judgment) in any court\nwith jurisdiction\n\nFees and Costs. If you wish to begin an\narbitration against us but you cannot afford to pay\nthe organization\xe2\x80\x99s or arbitrator\xe2\x80\x99s costs, we will\nadvance those costs if you ask us in writing. Any\nrequest like this should be sent to Dart Bank 368\nS. Park St. PO Box 40 Mason MI. 48854 If you\nlose the arbitration, the arbitrator will decide\nwhether you must reimburse us for money we\nadvanced for you for the arbitration. If you win the\narbitration, we will not ask for reimbursement of\nmoney we advanced.\nHearings and Decisions. Arbitration hearings\nwill take place in the federal judicial district where\nyou live. A single arbitrator will be appointed.\nThe arbitrator must:\n\xe2\x80\xa2 Follow all applicable substantive law, except\nwhen contradicted by the FAA;\n\xe2\x80\xa2 Follow applicable statutes of limitations;\n\xe2\x80\xa2 Honor valid claims of privilege;\n\xe2\x80\xa2 Issue a written decision including the reasons\nfor the award.\nThe arbitrator\xe2\x80\x99s decision will be final and binding\nexcept for any review allowed by the FAA.\nHowever, if more than $100,000 was genuinely in\ndispute, then either you or we may choose to\nappeal to a new panel of three arbitrators. The\nappellate panel is completely free to accept or\nreject the entire original award or any part of it.\nThe appeal must be filed with the arbitration\norganization not later than 30 days after the\n\nSurvival of this Provision. This arbitration\nprovision shall survive:\n\xe2\x80\xa2 closing of your Account;\n\xe2\x80\xa2 voluntary payment of your Account or any\npart of it;\n\xe2\x80\xa2 any legal proceedings to collect money you\nowe;\n\xe2\x80\xa2 any bankruptcy by you; and\n\xe2\x80\xa2 any sale by us of your Account.\nYou Have the Right to Reject Arbitration\nfor this Account. You may reject the\narbitration agreement but only if we\nreceive from you a written notice of\nrejection within 30 days of your receipt of\nthe Card after your Account is opened.\nYou must send the notice of rejection to:\nDart Bank 368 S. Park St Mason MI\n48854.Your rejection notice must include\nyour name, address, phone number,\nAccount number and personal signature. No\none else may sign the rejection notice for\nyou. Your rejection notice also must not be\nsent with any other correspondence.\nRejection of arbitration will not affect your\nother rights or responsibilities under this\nAgreement. If you reject arbitration, neither\nyou nor we will be subject to the arbitration\nprovisions for this Account.\n\nOther Beneficiaries of this Provision. In\naddition to you and us, the rights and duties\ndescribed in this arbitration agreement apply\nto: our Affiliates and our and their officers,\ndirectors and employees; any third party codefendant of a claim subject to this\narbitration\nprovision;\nand\nall\njoint\nAccountholders and Authorized Users of\nyour Account(s).\n\n\x0c'


b'Interest Rates and Interest Charges\nAnnual Percentage Rate (APR) for Purchases\n\n10.00% to 18.75%. Based upon your credit\nThis APR will vary with the market based on the Prime Rate.\n\nAPR for Balance Transfers\n\n10.00%-18.75% Based upon your credit\nThis APR will vary with the market based on the Prime Rate.\n\nAPR for Cash Advances\n\n10.00%-18.75% Based upon your credit\nThis APR will vary with the market based on the Prime Rate.\n\nPenalty APR and When It Applies\n\n23%. This APR will vary with the market based on the Prime\nRate.\nThis APR may be applied to your\naccount if you:\n1. Make a payment that is late 60\ndays or more\n2. Go over your credit line.\n3. Make a payment that is\nreturned; or\n4. Do any of the above on another\naccount that you have with us.\n\nPaying Interest\n\nMinimum Interest Charge\n\nHow Long Will the Penalty APR\nApply? If we increase your APRs\ndue to a late payment, we may\nkeep them at this higher level on\nexisting and new balances until you\nmake six consecutive on-time\npayments. If we increase your\nAPRs for any other reason, we\nmay keep them at this higher level\non new balances indefinitely.\n\nYour due date is at least 25 days after the close of each billing period\n(at least 23 days for billing periods that begin in February). We will not\ncharge you any interest on purchases if you pay your entire balance\nby the due date each month. We will begin charging interest on cash\nadvances and balance transfers as of the later of the transaction date\nor the first day of the billing period in which the transaction posted to\nyour Account.\nIf you are charged interest, the charge will be no less than $2.00.\n\nFees\nAnnual Fee\nBalance Transfer Fee\nCash Advance Fee\nLate Fee\nReturned Payment Fee\n\nNone\n3% of the amount of each transfer.\nEither $10 or 5% of the amount of each cash advance, whichever is\ngreater.\nNone the first time you pay late. After that, up to $35.\nUp to $35.\n\nHow We Will Calculate Your Balance: We will use a method called \xe2\x80\x9cdaily balance (including current transactions)\xe2\x80\x9d.\nSee the Cardmember Agreement for details.\n\nShopping for and using credit cards: Information concerning shopping for and using credit cards can be\nfound at www.consumerfinance.gov/learnmore\nInformation on your rights to dispute transactions and how to exercise those rights is provided in your\naccount agreement.\n\n\x0cThank you for choosing Dart Bank. This Agreement explains the current terms and conditions of your Account. The enclosed Pricing Schedule is part of this\nAgreement. Please read this Agreement, including the Pricing Schedule, carefully. Keep them for your records. Contact us if you have any questions. We\nhave included a \xe2\x80\x9cDefinitions\xe2\x80\x9d section for your reference on page 4.\n\nACCEPTANCE OF AGREEMENT\nYou accept this Agreement if you do not cancel your Account within 30 days after receiving a Card. You also accept this Agreement if you\nor an Authorized User use the Account. You may, however, reject the \xe2\x80\x9cArbitration of Disputes\xe2\x80\x9d section as explained in that section.\n\nCHANGES TO YOUR AGREEMENT\nThe rates, fees and terms of this Agreement may change from time to time. We may add or delete any term to this Agreement. If required\nby law, we will give you advance written notice of the change(s) and a right to reject the change(s). We will not charge any fee or interest\ncharge prohibited by law.\n\nUSING YOUR ACCOUNT\nPermitted Uses\nAuthorized Users\nJoint Accounts\nChecks\nCredit\nAuthorizations\nCredit Lines\n\nYou may use your Account for Purchases, Balance Transfers and Cash Advances. You may not use it for illegal transactions.\nYou may request additional Cards for Authorized Users. You must notify us if you wish to cancel the authority of an\nAuthorized User to use your Account.\nIf your Account is a joint Account\xe2\x80\xa2 each of you agrees to be liable individually and jointly for the entire amount owed on the\nAccount; and\xe2\x80\xa2 any notice we mail to an address provided by either of you for the Account will serve as notice to both of you.\nIf we provide you with Checks, we will tell you whether we will treat the Check as a Purchase, Balance Transfer or Cash\nAdvance. You may not use these Checks to pay any amount you owe us.\nWe may not authorize a transaction for security or other reasons. We will not be liable to you if we decline to authorize a\ntransaction or if anyone refuses your Card, Check or Account number.\nWe will tell you what your Account credit line is. You\nfor Cash Advances. We may increase or decrease your Account\nmust keep your Account balance below your Account\ncredit line or your Cash Advance credit line without notice. We\ncredit line. If you do not, we may request immediate\nmay delay increasing your available credit by the amount of any\npayment of the amount by which you exceed it. We may\npayment that we receive for up to 10 business days.\nestablish a lower credit line\n\nFEES (See your Pricing Schedule for Additional Fees)\nLate Fee\n\nReturned Payment\nFee\n\nReturned Check Fee\n\nWe will not charge a Late Fee the first time you do not make the Minimum Payment Due by the Payment Due Date. After\nthat, if you do not pay the Minimum Payment Due by the Payment Due Date, we will charge you a Late Fee. The fee is $25 if\nyou were not charged a Late Fee during any of the prior six billing periods. Otherwise, the fee is $35. This fee will never\nexceed the Minimum Payment Due that was due immediately prior to the date on which the fee was assessed.\nIf you make a payment that is not honored by your financial institution, we will charge you a Returned Payment Fee even if\nthe payment is honored after we re-submit it. The fee is $25 if you were not charged a Returned Payment Fee during any of\nthe prior six billing periods. Otherwise, the fee is $35. This fee will never exceed the Minimum Payment Due that was due\nimmediately prior to the date on which the payment was returned to us.\nWe will charge you a Returned Check Fee each time we decline to honor a Check. The fee is $25 if you were not charged a\nReturned Check Fee during any of the prior six billing periods. Otherwise, the fee is $35. This fee will never exceed the\namount of the Check.\n\nANNUAL PERCENTAGE RATES (\xe2\x80\x9cAPRs\xe2\x80\x9d) (See your Pricing Schedule for the APRs that apply to your Account)\nVariable APRs\n\nYour Pricing Schedule may include variable APRs. These\nAPRs are determined by adding the number of\npercentage points that we specify to the Prime Rate.\nVariable APRs will increase or decrease when the Prime\nRate changes. The APR change\n\nwill take effect on the first day of the billing period that begins\nduring the same calendar month that the Prime Rate changes.\nAn increase in the APR will increase your interest charges and\nmay increase your Minimum Payment Due.\n\n\x0cMAKING PAYMENTS\nPayment\nInstructions\n\n\xe2\x80\xa2 You must pay us in U.S. dollars. All checks must be\ndrawn on funds on deposit in the U.S.\n\xe2\x80\xa2 You must pay us for all amounts due on your Account.\nThis includes charges made by Authorized Users.\n\xe2\x80\xa2 We may refuse to accept a payment in a foreign\ncurrency. If we do accept it, we will charge your Account\nour cost to convert it to U.S. dollars.\n\nother restrictive endorsement without losing any of our\nrights under this Agreement.\n\xe2\x80\xa2 We credit your payments in accordance with the terms\ncontained on your billing statement.\n\xe2\x80\xa2 If you mail your payment to an address other than the\naddress designated on your billing statement, there may be a\ndelay in processing and crediting the payment to your Account.\n\n\xe2\x80\xa2 We can accept late payments, partial payments or\npayments marked \xe2\x80\x9cpayment in full\xe2\x80\x9d or with any\nMinimum Payment\nDue\n\nHow We Apply\nPayments\n\nYou may pay the entire New Balance shown on your\nbilling statement at any time. Each billing period you must\npay at least the Minimum Payment Due by the Payment\nDue Date shown on your billing statement. The Minimum\nPayment Due will be the greater of:\xe2\x80\xa2 $20; or\n\xe2\x80\xa2 Any amount past due plus the greater of:\n\xe2\x80\x93 3% of the New Balance shown on your billing statement\n(excluding any Interest Charges and Late Fee shown on\nyour billing statement); or \xe2\x80\x93 any Interest\nWe apply payments and credits at our discretion,\nincluding in a manner most favorable or convenient for\nus. In all cases, we will apply payments and credits as\nrequired by applicable law.\n\nCharges and Late Fee shown on your billing statement, plus\n$15 (not to exceed 4% of the New Balance).\nThe Minimum Payment Due may also include amounts by\nwhich you exceed your Account credit line. It will never exceed\nthe New Balance. When we calculate the Minimum Payment\nDue, we may subtract from the New Balance certain fees\nadded to your Account during the billing period. The Minimum\nPayment Due is rounded up to the nearest dollar.\n\nWe calculate interest charges each billing period by first\nfiguring the \xe2\x80\x9cdaily balance\xe2\x80\x9d for each Transaction\nCategory. Transaction Categories include standard\nPurchases, standard Cash Advances and different\npromotional balances, such as Balance Transfers.\nHow We Figure the Daily Balance for Each\nTransaction Category\n\xe2\x80\xa2 We start with the beginning balance for each day. The\nbeginning balance for the first day of the billing period is\nyour balance on the last day of your previous billing\nperiod.\n\xe2\x80\xa2 We add any interest charges accrued on the previous\nday\xe2\x80\x99s daily balance and any new transactions and fees.\nWe add any new transactions or fees as of the later of the\nTransaction Date or the first day of the billing period in\nwhich the transaction or fee posted to your Account.\n\xe2\x80\xa2 We subtract any new credits and payments.\n\xe2\x80\xa2 We make other adjustments (including those\nadjustments required in the \xe2\x80\x9cPaying Interest\xe2\x80\x9d section).\nWhen Interest Charges Begin We begin to impose\ninterest charges on a transaction, fee or interest charge\nfrom the day we add it to the daily balance. We continue\nto impose interest charges until you pay the total amount\nyou owe us. You can avoid paying interest on\nPurchases as described below. However, you cannot\navoid paying interest on Balance Transfers or Cash\nAdvances.\nHow to Avoid Paying Interest on Purchases (\xe2\x80\x9cGrace\nPeriod\xe2\x80\x9d)If you paid the New Balance on your previous\n\nHow We Figure Your Total Interest Charges\n\xe2\x80\xa2 We multiply the daily balance for each Transaction Category\nby its daily periodic rate. We do this for each day in the billing\nperiod. This gives us the interest charges for each Transaction\nCategory. To get a daily periodic rate, we divide the APR that\napplies to the Transaction Category by 365.\n\xe2\x80\xa2 We add up all the daily interest charges. The sum is the total\ninterest charge for the billing period.\nHow We Include Fees\nWe add Balance Transfer Fees to the applicable Balance\nTransfer Transaction Category. We add Cash Advance Fees to\nthe applicable Cash Advance Transaction Category. We add\nall other fees to the standard Purchase Transaction Category.\n\nEach billing period, we will generally apply amounts you pay\nthat exceed the Minimum Payment Due to balances with\nhigher APRs before balances with lower APRs as of the date\nwe credit your payment.\n\nINTEREST CHARGES\nHow We Calculate\nInterest Charges\xe2\x80\x94\nDaily Balance\nMethod (including\ncurrent\ntransactions)\n\nPaying Interest\n\nbilling statement by the Payment Due. Date shown on that billing\nstatement, we will not impose interest charges on new\nPurchases, or any portion of a new Purchase, paid by the\nPayment Due Date on your current billing statement. New\nPurchases are Purchases that first appear on the current billing\nstatement.\nHow We Apply Payments May Impact Your Grace Period If\nyou do not pay your New Balance in full each month, then,\ndepending on the balance to which we apply your payment, you\nmay not get a grace period on new Purchases.\n\n\x0cOTHER IMPORTANT INFORMATION\nDefault\n\nYou are in default if:\n\xe2\x80\xa2 you file bankruptcy or another insolvency proceeding is\nfiled by you or against you;\n\xe2\x80\xa2 we have a reasonable belief that you are unable or\nunwilling to repay your obligations to us;\n\xe2\x80\xa2 you die or are legally declared incompetent or\nincapacitated;\n\n\xe2\x80\xa2 you fail to comply with the terms of this Agreement or any\nAgreement with us or an Affiliate, including failing to make a\nrequired payment when due, exceeding your Account credit line\nor using your Card or Account for an illegal transaction.\nIf you are in default, we may declare the entire balance of your\nAccount immediately due and payable without notice.\n\nCollection Costs\nMerchant\nDisputes\n\nBilling\nDisputes\n\nIf we use an attorney to collect your Account, we may charge you our legal costs as permitted by law. These include\nreasonable attorneys\xe2\x80\x99 fees, court or other collection costs, and fees and costs of any appeal.\nIf you have a dispute with a merchant, you may request a credit to your Account. If we resolve the dispute in your favor, we will issue a\ncredit to your Account. You assign to us your claim for the credited amount against the merchant and/or any third party. At our request, you\nagree to provide this assignment in writing.\n\nIf you think there is an error on your statement? You may write to us at: Dart Bank, 368 S. Park St. Mason MI 48854 or may email us at\nwww.dartbank.com. In your letter please provide the following information; your name and account number, the dollar amount of the\nsuspected error, and a description of what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days\nafter the error appears on your statement. You must notify us of any potential errors in writing, or electronically. You may call us, but if you\ndo we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate While we\ninvestigate whether or not there has been an error, we cannot try to collect the amount in question, or report you as delinquent on that\namount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we\ndetermine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount.\nWhile you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid\namount against your credit limit.\n\nAutomatic Billing\nArrangements\nOur Privacy Policy\n\nReporting to Credit\nReporting Agencies\n\nOur\nCommunications\nwith You\n\nUnauthorized Use\n\nCancellation of Your\nAccount\nPurchases and\nCash Advances in\nForeign Currencies\n\nYou may set up automatic billing with a merchant. If your Account number or Card expiration date changes, you authorize us\nto provide this updated information to any such merchant at our discretion. You must contact the merchant directly if you wish\nto stop automatic billing.\nWe send you our Privacy Policy when you open your \xe2\x80\xa2 how we safeguard its confidentiality and security;\nAccount\nand\nannually.\nContact\nus\nor\nvisit \xe2\x80\xa2 when it may be shared with others; and\nwww.dartbank.com if you would like a copy. Please read \xe2\x80\xa2 how you can limit our sharing of this information.\nit carefully. It summarizes:\n\xe2\x80\xa2 the personal information we collect;\nWe may from time to time review your credit, employment If you believe that information we reported is inaccurate or\nand income records. We may report the status and incomplete, please write us at Dart Bank 368 S. Park St. PO\npayment history of your Account to credit reporting Box 40 Mason, MI 48854. Please include your name, address,\nagencies and other creditors. We normally report to credit home phone number and Account number.\nreporting agencies each month.\nYou agree that we (and our affiliates, agents, and you at. We may contact you in any way, such as calling, texting,\ncontractors) may monitor or record any calls between you or e-mail. We may contact you using an automated dialer or\nand us. If we need to contact you to service your Account using pre-recorded messages. We may contact you on a mobile,\nor to collect amounts you owe to us, you authorize us wireless, or similar device, even if you are charged for it by your\n(and our affiliates, agents, and contractors) to contact you provider.\nat any number (i) you have provided to us (ii) from which\nyou called us, or (iii) which we obtained and believe we\ncan reach\nYou must notify us immediately if:\n\xe2\x80\xa2 your Card is lost or stolen; or\n\xe2\x80\xa2 you believe someone is using your Account or a Card without your permission.\n\xe2\x80\xa2 You may cancel your Account. You will remain responsible for any amount you owe us under this Agreement.\n\xe2\x80\xa2 Any joint Accountholder may cancel a joint Account. However, both of you will remain responsible for paying all amounts\nowed.\nIf you make a Purchase or Cash Advance in a foreign depending on the country and currency in which the transaction\ncurrency, we will convert it to U.S. dollars using a rate we is made. We use the rate in effect on the conversion date for the\nchoose. This rate will either be a government-mandated transaction. This rate may be different than the rate in effect on\nrate, a government-published rate or the interbank the Transaction Date for the transaction.\nexchange rate,\n\n\x0cGoverning Law\n\nThis Agreement is governed by applicable federal law and by Michigan law.\n\nSeverability\n\nIf any part of this Agreement is found to be invalid, the rest of it will still remain in effect. However, if the Class Action Waiver\nin the \xe2\x80\x9cArbitration of Disputes\xe2\x80\x9d section is invalidated in any proceeding in which you and we are involved, then the \xe2\x80\x9cArbitration\nof Disputes\xe2\x80\x9d section will be void with respect to that proceeding.\nWe may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them.\n\nEnforcing this\nAgreement\nAssignment of\nAccount\n\nWe may sell, assign or transfer your Account or any portion of it without notice to you. You may not sell, assign or transfer\nyour Account without first obtaining our prior written consent.\n\nCONTACT US\nUnless we tell you otherwise, you can notify us:\n\xe2\x80\xa2 by phone at 1-800-347-3085 or\n\xe2\x80\xa2 in writing to Dart Bank, 368 S. Park ST. PO Box 40\nMason MI. 48854\n\nWhen writing, please include your name, address, home phone\nnumber and Account number. You must contact us within 15\ndays after changing your e-mail address, mailing address or\nphone number.\n\n\xe2\x80\x9cAccount\xe2\x80\x9d means your Dart Bank card account.\n\xe2\x80\x9cAffiliate\xe2\x80\x9d means our parent corporations, subsidiaries\nand affiliates.\n\xe2\x80\x9c Authorized User\xe2\x80\x9d means any person you authorize to\nuse your Account or a Card, whether you notify us or not.\n\xe2\x80\x9c Balance Transfer\xe2\x80\x9d means a balance transferred from\nanother creditor to your Account.\n\xe2\x80\x9c Card\xe2\x80\x9d means any one or more Dart Bankcards issued to\nyou or someone else with your authorization.\n\xe2\x80\x9cCash Advance\xe2\x80\x9d means the use of your Account to:\n\xe2\x80\xa2 obtain cash from participating automated teller machines,\nfinancial institutions or other locations;\n\xe2\x80\xa2 purchase lottery tickets, money orders, casino chips,\nforeign currency or similar items.\n\n\xe2\x80\x9cCheck\xe2\x80\x9d means any check we send to you to access your\nAccount.\n\xe2\x80\x9c Pricing Schedule\xe2\x80\x9d means the document entitled, \xe2\x80\x9cPricing\nSchedule\xe2\x80\x9d, which lists the APRs that apply to your Account and\nother important information.\n\xe2\x80\x9c Prime Rate\xe2\x80\x9d means the highest rate of interest listed as the\nU.S. Prime rate in the Money Rates section of The Wall Street\nJournal on the last business day of the month.\n\xe2\x80\x9c Purchase\xe2\x80\x9d means the use of your Account to purchase or\nlease goods or services at participating merchants.\n\xe2\x80\x9cWe,\xe2\x80\x9d \xe2\x80\x9cus\xe2\x80\x9d and \xe2\x80\x9cour\xe2\x80\x9d refer to Dart Bank, the issuer of your\nCard.\n\xe2\x80\x9cYou,\xe2\x80\x9d \xe2\x80\x9cyour\xe2\x80\x9d or \xe2\x80\x9cyours\xe2\x80\x9d refer to you and any other person(s)\nwho are also contractually liable under this Agreement.\n\xe2\x80\x9cTransaction Date\xe2\x80\x9d means the date shown on your billing\nstatement for a transaction or fee.\n\nDEFINITIONS\n\n\x0cARBITRATION\nAgreement to arbitrate. In the event of a dispute\nbetween you and us arising under or relating to\nthis Account, either may choose to resolve the\ndispute by binding arbitration, as described\nbelow, instead of in court. Any claim (except for a\nclaim challenging the validity or enforceability of\nthis arbitration agreement, including the Class\nAction Waiver) may be resolved by binding\narbitration if either side requests it. THIS MEANS\nIF\nEITHER\nYOU\nOR\nWE\nCHOOSE\nARBITRATION, NEITHER PARTY SHALL HAVE\nTHE RIGHT TO LITIGATE SUCH CLAIM IN\nCOURT OR TO HAVE A JURY TRIAL. ALSO\nDISCOVERY AND APPEAL RIGHTS ARE\nLIMITED IN ARBITRATION.\nCLASS ACTION WAIVER. ARBITRATION MUST\nBE ON AN INDIVIDUAL BASIS. THIS MEANS\nNEITHER YOU NOR WE MAY JOIN OR\nCONSOLIDATE CLAIMS IN ARBITRATION BY\nOR AGAINST OTHER CARDMEMBERS, OR\nLITIGATE IN COURT OR ARBITRATE ANY\nCLAIMS AS A REPRESENTATIVE OR MEMBER\nOF A CLASS OR IN A PRIVATE ATTORNEY\nGENERAL CAPACITY.\nOnly a court, and not an arbitrator, shall\ndetermine the validity and effect of the Class\nAction Waiver. Even if all parties have opted to\nlitigate a claim in court, you or we may elect\narbitration with respect to any claim made by a\nnew party or any new claims later asserted in that\nlawsuit.\nYour Right to Go To Small Claims Court. We will\nnot choose to arbitrate any claim you bring in\nsmall claims court. However, if such a claim is\ntransferred, removed or appealed to a different\ncourt, we may then choose to arbitrate.\nGoverning Law and Rules. This arbitration\nagreement is governed by the Federal Arbitration\nAct (FAA). Arbitration must proceed only with the\nAmerican Arbitration Association (AAA) or JAMS.\nThe rules for the arbitration will be those in this\narbitration agreement and the procedures of the\nchosen arbitration organization, but the rules in\nthis arbitration agreement will be followed if there\nis disagreement between the agreement and the\norganization\xe2\x80\x99s procedures. If the organization\xe2\x80\x99s\nprocedures change after the claim is filed, the\nprocedures in effect when the claim was filed will\n\napply. For a copy of each organization\xe2\x80\x99s\nprocedures, to file a claim or for other information,\nplease contact:\n\xe2\x80\xa2 AAA at 1101 Laurel Oak Rd., Voorhees, NJ\n08043, www.adr.org (phone 1-877-495-4185) or\n\xe2\x80\xa2 JAMS at 620 Eighth Ave., Floor 34, New York,\n\xe2\x80\xa2 AAA at 1101 Laurel Oak Rd., Voorhees, NJ\n08043, www.adr.org (phone 1-877-495-4185) or\n\xe2\x80\xa2 JAMS at 620 Eighth Ave., Floor 34, New York,\nNY 10018, www.jamsadr.com (phone 1-800-3525267).\nIf both AAA and JAMS are completely\nunavailable, and if you and we cannot agree on a\nsubstitute, then either you or we may request that\na court appoint a substitute.\n\noriginal award issues. The appealing party pays\nall appellate costs unless the appellate panel\ndetermines otherwise as part of its award.\nAny arbitration award may be enforced\n(such as through a judgment) in any court\nwith jurisdiction\n\nFees and Costs. If you wish to begin an\narbitration against us but you cannot afford to pay\nthe organization\xe2\x80\x99s or arbitrator\xe2\x80\x99s costs, we will\nadvance those costs if you ask us in writing. Any\nrequest like this should be sent to Dart Bank 368\nS. Park St. PO Box 40 Mason MI. 48854 If you\nlose the arbitration, the arbitrator will decide\nwhether you must reimburse us for money we\nadvanced for you for the arbitration. If you win the\narbitration, we will not ask for reimbursement of\nmoney we advanced.\nHearings and Decisions. Arbitration hearings\nwill take place in the federal judicial district where\nyou live. A single arbitrator will be appointed.\nThe arbitrator must:\n\xe2\x80\xa2 Follow all applicable substantive law, except\nwhen contradicted by the FAA;\n\xe2\x80\xa2 Follow applicable statutes of limitations;\n\xe2\x80\xa2 Honor valid claims of privilege;\n\xe2\x80\xa2 Issue a written decision including the reasons\nfor the award.\nThe arbitrator\xe2\x80\x99s decision will be final and binding\nexcept for any review allowed by the FAA.\nHowever, if more than $100,000 was genuinely in\ndispute, then either you or we may choose to\nappeal to a new panel of three arbitrators. The\nappellate panel is completely free to accept or\nreject the entire original award or any part of it.\nThe appeal must be filed with the arbitration\norganization not later than 30 days after the\n\nSurvival of this Provision. This arbitration\nprovision shall survive:\n\xe2\x80\xa2 closing of your Account;\n\xe2\x80\xa2 voluntary payment of your Account or any\npart of it;\n\xe2\x80\xa2 any legal proceedings to collect money you\nowe;\n\xe2\x80\xa2 any bankruptcy by you; and\n\xe2\x80\xa2 any sale by us of your Account.\nYou Have the Right to Reject Arbitration\nfor this Account. You may reject the\narbitration agreement but only if we\nreceive from you a written notice of\nrejection within 30 days of your receipt of\nthe Card after your Account is opened.\nYou must send the notice of rejection to:\nDart Bank 368 S. Park St Mason MI\n48854.Your rejection notice must include\nyour name, address, phone number,\nAccount number and personal signature. No\none else may sign the rejection notice for\nyou. Your rejection notice also must not be\nsent with any other correspondence.\nRejection of arbitration will not affect your\nother rights or responsibilities under this\nAgreement. If you reject arbitration, neither\nyou nor we will be subject to the arbitration\nprovisions for this Account.\n\nOther Beneficiaries of this Provision. In\naddition to you and us, the rights and duties\ndescribed in this arbitration agreement apply\nto: our Affiliates and our and their officers,\ndirectors and employees; any third party codefendant of a claim subject to this\narbitration\nprovision;\nand\nall\njoint\nAccountholders and Authorized Users of\nyour Account(s).\n\n\x0c'