b"TCM Bank, N.A. Secured Credit Card Cardholder Agreement - Effective: February 17, 2020\nThis Secured Credit Card Cardholder Agreement (\xe2\x80\x9cAgreement\xe2\x80\x9d), the card carrier we send with your credit card, the\naccompanying sheet entitled \xe2\x80\x9cTCM Bank, N.A. Account Opening Disclosures\xe2\x80\x9d and the application you signed or otherwise\nsubmitted (collectively, the \xe2\x80\x9cCardholder Documents\xe2\x80\x9d) govern the use of your TCM Bank, N.A. Visa\xc2\xae or MasterCard\xc2\xae credit\ncard (\xe2\x80\x9cCard\xe2\x80\x9d) account (your \xe2\x80\x9cAccount\xe2\x80\x9d). All the Cardholder Documents are part of and are incorporated into this Agreement.\nBy signing (including by any electronic or digital signature) your Card, your Account application, any accepted sales slip,\nor any other document in connection with the use of your Card or your Account, or by using your Card or allowing someone\nelse to use it, you agree to the terms and conditions of this Agreement. Please read this Agreement thoroughly and retain a\ncopy for your records. As used in this Agreement: we, us, our, and similar terms mean TCM Bank, N.A., and all its respective\nparents, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, employees, officers, and\ndirectors (collectively, \xe2\x80\x9cTCM\xe2\x80\x9d). The words you, yours, and Cardholder mean all persons responsible for complying with\nthis Agreement, including the applicant and any co-applicant who applied to open the Account and the person to whom we\naddress Account statements. As the person(s) that asked us to open the Account, you are the \xe2\x80\x9cPrimary Cardholder,\xe2\x80\x9d and\nyou will have an Account with us. You may request that we issue a Card to another person and, if we do, that person will\nbe called an \xe2\x80\x9cAuthorized User\xe2\x80\x9d on your Account and the Card will be an \xe2\x80\x9cAdditional Card.\xe2\x80\x9d The Cards are issued by us,\neven if the name of another institution appears on the Cards. Visa is a registered trademark of Visa International Service\nAssociation and is used by us pursuant to license. MasterCard is a registered trademark of MasterCard International\nIncorporated and is used by us pursuant to license.\nThis Agreement is governed by the substantive laws (excluding laws of conflict) and regulations of the United\nStates (\xe2\x80\x9cfederal law\xe2\x80\x9d) and the laws and regulations of the State of Florida no matter where the Account is used.\nWe reserve all our rights with respect to the preemptive effect of any applicable federal laws and/or regulations.\nThis Agreement is entered between us and you in Florida. We make decisions about granting credit to you from,\nextend credit to you under this Agreement from, and accept payments from you in, Florida.\nSecurity Interest: We will have a security interest in your Secured Credit Card Deposit Account with us.\nThis Account is secured by and you grant us a security interest in the Secured Credit Card Deposit Account you have established\nwith us which is governed by the Secured Credit Card Deposit Account Agreement between you and us (\xe2\x80\x9cSecured Deposit\nAccount Agreement\xe2\x80\x9d). The Secured Deposit Account Agreement is hereby incorporated and made part of this Agreement.\nUse of the Card. You may use the Card to obtain legal goods and services from any person or establishment accepting the\nCard (\xe2\x80\x9cPurchase(s)\xe2\x80\x9d), to obtain non-purchase related transactions (\xe2\x80\x9cCash Advance(s)\xe2\x80\x9d) from us up to the applicable limits on\nyour Account and to take advantage of other features of the Card. As used in this Agreement, the term \xe2\x80\x9cPurchases\xe2\x80\x9d will include\nPurchases and Balance Transfers (a \xe2\x80\x9cBalance Transfer\xe2\x80\x9d is transfer of funds to another creditor initiated by us at your request\nwhich may include transaction fees and adjustments associated with any Balance Transfer), and the term \xe2\x80\x9cCash Advances\xe2\x80\x9d\nwill include; a) Cash Advances, b) Convenience Checks (as used in this Agreement, the term \xe2\x80\x9cConvenience Check\xe2\x80\x9d means\nany check we provide to you for accessing your Account to obtain credit), c) obtaining funds through an automated teller\nmachine (ATM) or a financial institution, d) purchasing a wire transfer, money order, foreign currency, travelers cheques,\nsavings bonds, lottery tickets, gift cards or stored value load, e) purchase of cryptocurrency, including but not limited to Bitcoin,\nor f) engaging in another similar transaction. As used in this Agreement, all amounts charged to an Account, which include\nthe Annual Fee (as described below), if any, or other fees, and any Finance Charges imposed under the Agreement, will be\n\n1\n\n\x0ccalled \xe2\x80\x9cCharges\xe2\x80\x9d. Charges include (but are not limited to) any Purchase, Balance Transfer, Cash Advance or Convenience\nCheck in which you have evidenced an intent to incur a Charge, regardless of whether you have signed a charge form.\nYou are responsible for paying all amounts charged to the Account. You agree to notify us at once if the Card or any\nConvenience Checks we may issue on your Account are lost or stolen, or if you suspect they are being used without your\npermission. You agree to take reasonable steps to prevent the unauthorized use of any Card, Convenience Checks and your\nAccount. You agree to sign the Card immediately when you receive it. You agree to use the Account (including any Card and\nConvenience Checks) only for legal purchases of goods and services and not to use the Account, Cards and/or Convenience\nChecks for any unlawful purposes, including the purchase of goods or services prohibited by applicable laws or regulations.\nYou expressly agree that Cards may not be used for gambling or wagering purposes, whether online or otherwise, even if\notherwise permitted by applicable law. If you or any Authorized Users do use your Cards for unlawful purposes, including,\nwithout limitation, illegal internet gambling, and/or for any purposes which we do not permit, you will be in default under this\nAgreement and we may terminate your Account, but you still will be liable to us for all Charges relating to such transactions\nand all other transactions on your Account. You should not use the Card after the expiration date. You must immediately return\nthe Card to us or destroy it if we ask you to. If you want to cancel your Account or any Cards, you must contact us and destroy\nthe applicable Card. We reserve the right to deny authorization for any requested Charge even if the transaction would not\ncause you to exceed your credit limit or your Account is not in default. You agree to use your Account for personal, family\nor household purposes and not to use your Account for business or commercial purposes.\nWe are not responsible for any losses you may incur if we do not authorize a requested Charge or if anyone refuses to accept\nyour Card or any Convenience Check for any reason. You may obtain Cash Advances and Balance Transfers as permitted for\nyour Account as described in this Agreement, but you may not use these to pay any amount you owe us or any of our affiliates\nor agents. We are not liable for any losses that may result when our services are unavailable due to reasons beyond our control.\nCredit Line Maintenance: You agree to provide financial statements on the Cardholder as requested by us. Failure to do so\nmay result in the suspension of charging privileges on your Account. You also agree to provide us with any information\nrequired by law or regulation, including information that may be required under the USA Patriot Act.\nTransfers: You may not transfer your Account or any of your rights and obligations under this Agreement. Any such\ntransfer will be void.\nAdditional Cards: You, as the Primary Cardholder, are responsible for all Charges on your Account. Any Additional Cards\nmay be canceled by you or by us. You agree to make sure that any Additional Cards issued on your Account are used in\na manner consistent with this Agreement. You also authorize us to discuss your Account with Authorized Users in the\ncourse of maintaining your Account. We may, in our sole discretion, pursue Authorized Users for payment of their Charges if\nyou fail to pay those Charges. If you want to end an Authorized User's privilege to use your Account, you must recover and\ndestroy that person's Card. If you do not, you will continue to be liable for any charges made, even if you have advised us\nof your wish to cancel that person\xe2\x80\x99s Card privileges, unless you tell us to cancel all Cards and establish a new Account for\nyou or you report the Card as lost or stolen. You agree to notify each Authorized User that they are subject to all applicable\nsections of this Agreement.\nCredit Limit: The Credit Limit is the maximum amount of credit available on your Account. Your Credit Limit is equal\nto the amount deposited in your Secured Credit Card Deposit Account which serves as collateral for your obligations under\nthis Account. We have provided you a separate written notice stating applicable credit limit(s) on your Account. In addition,\nyour monthly statements will show the amount of credit available to you for Purchases, Balance Transfers and Cash\n2\n\n\x0cAdvances and the ANNUAL PERCENTAGE RATES (APRs) for Purchases, Balance Transfers and Cash Advances,\nas of the monthly statement date. You agree not to use the Account in any way that would make the unpaid balance of your\nAccount exceed the applicable credit limit. We are not obligated to honor any Card transaction that would cause the unpaid\nbalance of your Account to exceed applicable credit limits (\xe2\x80\x9cOver Limit Transactions\xe2\x80\x9d). However, if we, in our discretion,\nhonor any Over Limit Transaction, you agree to promptly pay the amount more than the applicable credit limit. At our\ndiscretion, and subject to applicable law, we may increase, reduce your Credit Limit or the Balance Transfer or Cash Advance\nportions of your Credit Limit, or cancel your Credit Limit, at any time. A change to your Credit Limit or any portion thereof\ndoes not affect your obligation to pay us.\nRenewal of Cards and Cancellation: The Card will be valid until the expiration date embossed on the Card. We will issue\nyou renewal or replacement Cards before the current Card expires unless your Account is cancelled by you or by us or your\nAccount is not in Good Standing at the time of such expiration. Your Account is in \xe2\x80\x9cGood Standing\xe2\x80\x9d if it is an open and\nactive account with no holds or blocks present on the account.\nLiability for Charges and Finance Charges: You may use the Card to obtain Purchases, Balance Transfers and Cash\nAdvances up to the applicable credit limits on your Account. You are liable to us for all Charges you make, and all Charges\nmade by holders of any Cards and Additional Cards issued on your Account. Authorized Users using a Primary Cardholder\xe2\x80\x99s\nAccount are not liable for obligations incurred by the Primary Cardholder, or by other Authorized Users. However, by each\nuse of an Additional Card, the Authorized User indicates his or her agreement to pay us for that transaction and related\nCharges if you fail or refuse to pay that obligation.\nPayments: Each month\xe2\x80\x99s Total Minimum Payment (as defined below) for your Account is due by the payment due date\n(\xe2\x80\x9cPayment Due Date\xe2\x80\x9d is the date shown on your monthly statement by which your payment is due) shown on your monthly\nstatement. The Total Minimum Payment will include any amount past due and over the applicable credit limit. You must\npay us in U.S. currency, with a draft or a check drawn on a U.S. bank and payable in U.S. dollars, with a negotiable\ninstrument payable in U.S. dollars and clearable through the U.S. banking system, or with a telephonic or electronic payment\nauthorization in U.S. funds. You acknowledge that we process most payment checks electronically. We use the information\non your check to create an electronic funds transfer. Each time you send a check, you authorize us to make a one-time\nelectronic funds transfer. You also authorize us to process your check as a check or paper draft, as necessary. Funds may be\nwithdrawn from your Account as soon as the same day we receive your payment. You will not receive your cancelled check\nbecause we are required to destroy it. We will retain an electronic copy. If we decide to accept a payment made in some\nother form, your payment will not be credited until it is converted into one of the forms described herein. We may charge\nyou any costs we incur in converting your payment.\nIf we do not receive payment by the Payment Due Date or if a payment is returned to us unpaid, we may charge your Account\na Late Payment Fee or a Returned Payment Fee (as described below) to cover collection costs on that payment in addition\nto any other applicable fees. All payments, if received by us prior to 5:00 pm Eastern Standard Time, shall be considered\nmade on the date received at the payment address, as shown on your monthly statement. If payment is received after 5:00\npm Eastern Standard Time on any date, payment will be deemed to have been received the following banking day. We may\naccept late payments, partial payments, or any payments marked as being payment in full or as being a settlement of any\ndispute without losing any of our rights under this Agreement or under the law. Our acceptance of such payments does not\nmean we agree to change this Agreement in any way. You agree to pay all court costs plus all reasonable attorney\xe2\x80\x99s fees, if\nwe must refer your Account to any attorney for collection, subject to the law of your jurisdiction.\n\n3\n\n\x0cAvailability Hold: We may, at our discretion, withhold a portion of the available credit on your Account up to the amount\nof any payments to assure that the payment is honored.\nMonthly Statement \xe2\x80\x93 Total Minimum Payment: The Total Minimum Payment required is the new balance shown on your\nmonthly billing statement if the amount is equal to or less than $15.00. Otherwise, it is the greater of: (A) 3.0% of the\nnew balance for such month (\xe2\x80\x9cNew Balance\xe2\x80\x9d) (rounded up to the nearest dollar), (B) $15.00, or (C) 1% of the New Balance\n(rounded up to the nearest dollar) plus any unpaid FINANCE CHARGES and unpaid fees. If applicable, the Total Minimum\nPayment will include any amount over the credit limit and any amount past due. You may pay more than the Total Minimum\nPayment or you may pay the total New Balance at any time. Your Total Minimum Payment will be applied in any order at our\ndiscretion. Payments in excess of the Total Minimum Payment will be applied to balances with the highest APR first and then\nto lower rate balances in descending order of APRs.\nHow to Avoid Paying Interest:\nGrace Period: A grace period is the period between the end of a billing cycle and the date your payment is due during which\ncredit extended may be repaid without incurring FINANCE CHARGES. During this period, you may not be charged interest\nas long as you pay your balance in full by the due date.\nGrace Period for Purchases (including Balance Transfers): Your Payment Due Date is at least 23 days after the close of\neach billing cycle. We will not charge you any interest on Purchases (including Balance Transfers) if you pay your entire\nbalance in full by the due date of each month. If you do not, you will accrue FINANCE CHARGES on all Purchases from\nthe date the Purchase is posted to your Account. If you are not carrying a balance, then you can avoid paying interest on new\nPurchases (including Balance Transfers) if you pay your balance in full by the Payment Due Date. If you do not pay your\nbalance in full by the Payment Due Date, you will be charged interest on the unpaid portion of the balance. You will also be\ncharged interest on Purchases in the new billing cycle starting on the date each Purchase is made.\nGrace Period for Cash Advances (including Convenience Checks and other charges defined on page 1): On Cash\nAdvances, there is no grace period, and FINANCE CHARGES on Cash Advances are always assessed from the day of the\nCash Advance transaction or the first day of the billing cycle in which the Cash Advance is posted to your Account, whichever\nis later, until the day we receive payment in full of all outstanding Cash Advances.\nCalculation of Monthly Periodic Rate:\nA. The \xe2\x80\x9cMonthly Periodic Rate\xe2\x80\x9d for Purchases, Balance Transfers and Cash Advances for each billing cycle is 1/12th of the\nANNUAL PERCENTAGE RATE for Purchases, Balance Transfers or Cash Advances, respectively, in effect for that\nbilling cycle, rounded to the nearest ten thousandth of a percentage point.\nB. The Account Opening Disclosure states the ANNUAL PERCENTAGE RATES applicable to your Account, subject to\nparagraph C below. Please call us at (800) 883-0131 or write to us at TCM Bank, P.O. Box 31537, Tampa, FL 33631, to\nreceive an additional copy of the Account Opening Disclosures or to learn the most current ANNUAL PERCENTAGE\nRATES.\nC. For purposes of this Agreement, the Prime Rate used to determine your ANNUAL PERCENTAGE RATES for a billing\ncycle is the highest Prime Rate listed in The Wall Street Journal on the last business day of the calendar month prior to your\nstatement closing date. Your APR will increase if the Prime Rate increases. Your minimum payment or number of payments\nwill increase if your APR increases. In the event that The Wall Street Journal ceases to be published or ceases to publish the\n4\n\n\x0cPrime Rate, we may refer to the Prime Rate published in any other newspaper of general circulation in New York, New York,\nor we may substitute a similar reference rate at our sole discretion. Subject to applicable law, any balances transferred from\nanother account to this Account shall be governed by the terms and conditions of this Agreement.\nFinance Charge Calculation Method and Computation of Average Daily Balance Subject to Finance Charge.\nHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9cAverage Daily Balance (including new Purchases).\xe2\x80\x9d\n\xe2\x80\xa2 We calculate periodic rate FINANCE CHARGES separately for each type of balance (e.g., Purchases, Balance Transfers,\nand Cash Advances). For a billing cycle, we figure a portion of the FINANCE CHARGE on your Account by multiplying\nthe Monthly Periodic Rate times the respective Average Daily Balances (including current transactions). There is a $1.00\nminimum FINANCE CHARGE.\n\xe2\x80\x9cAverage Daily Balances\xe2\x80\x9d means the following:\n\xe2\x80\xa2 To get the Average Daily Balance for Purchases and Balance Transfers, we take the beginning balance of Purchases and\nBalance Transfers on your Account each day, add any new Purchases and Balance Transfers, and subtract any payments or\ncredits, non-accruing fees, and unpaid FINANCE CHARGES during the billing cycle. This gives us the daily balance for\nPurchases and Balance Transfers. Then, we add up all the daily balances of Purchases and Balance Transfers for the billing\ncycle and divide the total by the number of days in the billing cycle. This gives us the Average Daily Balance for Purchases.\n\xe2\x80\xa2 To get the Average Daily Balance for Cash Advances, we take the beginning balance of Cash Advances on your Account\neach day, add any new Cash Advances, and subtract any payments or, fees, and unpaid FINANCE CHARGES during the\nbilling cycle. This gives us the daily balance for Cash Advances. Then, we add up all the daily balances of Cash Advances\nfor the billing cycle and divide the total by the number of days in the billing cycle. This gives us the Average Daily Balance\nfor Cash Advances.\n\xef\x82\xb7\n\nCredits received from merchants are effective as of the posting date.\n\n\xef\x82\xb7\n\nFor FINANCE CHARGE calculation purposes, the billing cycle begins on the day after the Statement/Closing date\nof the previous billing cycle, and includes the Statement/Closing Date of the current billing cycle. The number of\ndays in the billing cycle may vary.\n\nFees: We may charge the following fees, subject to applicable law:\n1. ANNUAL FEE: You agree to pay any Annual Fee shown on the Account Opening Disclosure accompanying this\nAgreement in the amount shown.\n2. RETURNED PAYMENT: You agree to pay a fee of up to $40 for each returned payment. The returned payment fee\nwill not exceed the Total Minimum Payment and will never exceed the amount of the payment being returned.\n3. STOP PAYMENT ORDERS: If you request us to stop payment on a Convenience Check drawn on your Account, you\nagree to pay a fee of $29.\n\n5\n\n\x0c4. LATE PAYMENT FEE: You agree to pay a late fee of up to $40 if we do not receive your minimum payment by the\nPayment Due Date each month. In no event will your late fee exceed the Total Minimum Payment. You will only be charged\none late payment fee for any monthly Total Minimum Payment which is not paid by the Payment Due Date shown on your\nstatement.\n5. RESEARCH FEE: You agree to pay $3 for each photocopy of a sales slip you request and $4 for each duplicate copy of a\nmonthly statement you request. However, we will not impose these fees if you request such items in connection with a billing\nerror dispute which you have notified us of in writing.\n6. EXPEDITED PAYMENT FEE: You agree to pay $10 for each payment initiated via telephone and assisted by a customer\nservice representative for same day payments.\n7. TRANSACTION FEES:\nTransaction Fee for Cash Advances: For each Cash Advance, we add an additional Cash Advance Fee of either $5 or 3%\nof the U.S. dollar amount of the Cash Advance, whichever is greater. There is no maximum Cash Advance Fee. The Cash\nAdvance Fee is a FINANCE CHARGE. This Cash Advance Fee may cause the ANNUAL PERCENTAGE RATE on\nthe billing statement on which the Cash Advance first appears to increase.\nTransaction Fee for Charges Made in Foreign Countries: If you incur a Charge in a foreign currency or foreign countries,\nit may be converted into U.S. dollars. If the foreign currency is converted into U.S. dollars, the exchange rate used to convert\nthe currency used in an international transaction into the billing currency shall, in each instance, be either a rate selected by\nVisa\xc2\xae or MasterCard\xc2\xae. The conversion may occur after the transaction date and the conversion rate may differ from the\nrate of exchange in effect at the time of the transaction. You agree to pay the converted amount to us in U.S. dollars. In\naddition, you agree to pay a Foreign Transaction Fee of 1.0% of the U.S. dollar amount of each transaction made in a foreign\ncurrency, in U.S. dollars outside the U.S., or (whether in a foreign currency or in U.S. dollars) with a foreign merchant. The\nForeign Transaction Fee is a FINANCE CHARGE. This Foreign Transaction Fee may cause the ANNUAL\nPERCENTAGE RATE on the billing statement on which the Charge made in a foreign currency first appears to increase.\nTransaction Fee for Balance Transfers: For each Balance Transfer, we will add a Balance Transfer Fee of the greater of\n$5 or 3% of the U.S. dollar amount of the Balance Transfer. There is no maximum Balance Transfer Fee. The Balance\nTransfer Fee is a FINANCE CHARGE. The Balance Transfer Fee may cause the ANNUAL PERCENTAGE RATE on\nthe billing statement on which the Balance Transfer first appears to increase.\nDefault: Subject to applicable law, we may consider your Account to be in default at any time if you fail to pay us any payment\nwhen it is due; if you attempt to exceed or exceed the applicable credit limits on your Account; if your payment is returned, rejected,\nor not paid by your bank or financial institution or if your payment cannot be processed; if you die or become legally incapacitated;\nif any government authority takes action that TCM believes adversely affects your financial condition or ability to repay the debt or\nwe have any other reason to believe you may not be able to meet your obligations to us; if we determine that you have made any\nfalse, incomplete or misleading statement to us; or if you breach any other promise or obligation under this Agreement or any other\nagreement with us or our affiliates. Upon your default and subject to any limitations or requirements of applicable law, you agree to\npay all other reasonable costs, including reasonable attorney\xe2\x80\x99s fees, incurred by us in collecting the balance due, including FINANCE\nCHARGES, if any, whether suit is brought against you, and in protecting ourselves from any harm that we may suffer as a result of\n\n6\n\n\x0cyour default. We may also, upon your default, and subject to applicable law, declare the entire amount of your obligations to us\nimmediately due and payable and suspend or cancel your Account privileges.\nDelinquency Assessments: Your Account may be considered delinquent if you fail to pay us at least the Total Minimum Payment\ndue by the Payment Due Date shown on each monthly statement. If your Account remains delinquent at the statement closing date,\nsubject to applicable law, we will add a Late Payment Fee as described above.\nSuspension/Cancellation: In addition to any of the actions we may take under this Agreement, we may suspend or cancel your\nAccount privileges at our sole option, subject to applicable law, at any time with or without cause and without giving you notice,\nincluding but not limited to a situation in which (1) you cease to be an account holder in good standing with respect to any other\naccounts you may have with TCM, (2) you are in default, or (3) you stop using your Account. Any such action on our part will not\ncancel your obligations to pay us the outstanding balance, FINANCE CHARGES, and other charges due on your Account under\nthe terms of the Agreement in effect at the time of the cancellation or suspension of your Account or as subsequently amended. You\nagree to pay us all such obligations despite any suspension or cancellation of your Account.\nRules for Convenience Checks: You may request a stop payment on a Convenience Check by providing us with the access check\nnumber, dollar amount, and payee exactly as they appear on the Convenience Check. Oral and written stop payment requests on a\nConvenience Check are effective for six months from the day that we place the stop payment.\nYou may not issue a postdated Convenience Check on your Account. If you do postdate a Convenience Check, we may elect to\nhonor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case waiting for the\ndate shown on the Convenience Check. We are not liable to you for any loss or expense arising out of the action we elect to take.\nWaiver: Our failure to exercise any of our rights under this Agreement, or our waiver of our rights on any one occasion, shall\nnot constitute a waiver of such rights on any other occasion.\nConsumer Reports: You authorize us and our affiliates to make whatever credit investigations we deem appropriate and to\nobtain and exchange any information we may receive from consumer reports, consumer reporting agencies and other sources.\nWe may ask consumer reporting agencies for consumer reports of your credit history. Upon request and as otherwise required\nby applicable law, we will tell you whether a consumer report was requested and the name and address of the agency that\nfurnished it. We may report information about your account to credit bureaus. Late payments, missed payments, or\nother defaults on your account may be reflected in your credit report. If we determine that your Account is past due,\nadverse credit information may also appear on the consumer reports of any Authorized Users on your Account.\nIf you believe we have furnished inaccurate or incomplete information about you or your Account to a credit reporting agency,\nwrite to us at TCM Bank, N.A., P.O. Box 31537, Tampa, FL 33633-3631. Please include your name, address, home phone\nnumber and Account number, and explain what you believe is inaccurate or incomplete.\nTelephone Monitoring: From time to time, we may monitor and record telephone calls between you or Authorized Users and\nus for reasonable business purposes including to assure the quality of our customer service.\nConsent to Receive Communications: Unless expressly prohibited by law, you expressly agree and consent that we may\ncontact you using an automatic telephone dialing system, pre-recorded voice, voicemail or messaging service, text messaging,\nemail messaging or otherwise and leave you voice, prerecorded or artificial voice messages or send you text messages, emails\n7\n\n\x0cor other electronic messages for any purposes, including the servicing and/or collecting of your account, to offer you products\nand services that may be of interest to you, and for any other informational or marketing purposes. You agree that we may\ncontact you at any telephone number, including, but not limited to your home telephone number, and cellular telephone\nnumber; any email address; or using any other contact information that you provide to us at any time whether in connection\nwith the opening of your account or thereafter. You agree to notify us promptly if any of your contact information changes and\nonly give us telephone numbers and email addresses that belong to you and at which you may be contacted.\nYou agree that this consent is valid regardless of whether the number we use to contact you is assigned to any service for which\nyou may be charged for the call, text message(s), or other communications.\nYou agree that you are not required to provide this consent as a condition to receiving any product or service from us and\nacknowledge that you have the right to revoke this consent or change or remove any of the telephone numbers or email\naddresses at any time by contacting us at 1-800-883-0131 or by any other reasonable means.\nBenefits and Services: We reserve the right to add, modify, or delete any benefit or service offered with the Card at any time\nwithout notice to you unless otherwise required by applicable law.\nChange of Billing Address \xe2\x80\x93 Notices: You must notify us immediately of any change in your billing address. Any notice\ngiven by us shall be deemed to be given when deposited in the United States Mail, postage prepaid, addressed to you at the\nlatest billing address shown on our records.\nChange of Rates, Fees, Terms \xe2\x80\x93 Assignment: We may assign or transfer Card accounts, including, your Account, this\nAgreement or our rights and obligations under your Account or this Agreement, to our affiliates or to some other financial\ninstitution at any time. Subject to applicable law, the person or entity to whom we make any such sale, assignment or transfer\nis entitled to all our rights under this Agreement, to the extent sold, assigned or transferred. We may also change the rates,\nfees, and terms of this Agreement at any time, in accordance with applicable law. We will notify you of changes if we are\nrequired to do so by law, and you may be given the opportunity to reject those changes to the extent required by law or\notherwise in our discretion. If you choose not to accept those changes, you may terminate this Agreement by notifying us in\nwriting. However, your Account will be closed, and you will remain responsible for all Charges made before you terminated\nthe Agreement.\nRevocation and Voluntary Cancellation: We can revoke your right to use the Card at any time. We can do this whether\nyou have violated this Agreement and without giving you notice. If we revoke the Card, you must return the Card to us if\nwe request. Also, if a merchant that accepts cards asks you to surrender an expired or revoked Card, you must do so. You\nmay not use the Card after it has expired or after it has been revoked. If you ask us to cancel your Account, but you continue\nto use your Account after the date of cancellation, we will consider such use as your request for reinstatement of your\nAccount. We may then reinstate your Account and bill you accordingly.\nSeverability: If any part of this Agreement conflicts with applicable law, that law will control, and this Agreement will be\nconsidered changed to the extent necessary to comply with that law. If any part of this Agreement is determined by a court of\nvalid jurisdiction to be invalid, the remainder of this Agreement will remain in effect.\nJURY TRIAL WAIVER. THE PARTIES HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY.\n\n8\n\n\x0cInterest Rate Limitation. If, at any time and for any reason whatsoever, the interest rate payment hereunder shall exceed the\nmaximum rate of interest permitted to be charged by TCM under applicable law, such interest rate shall be reduced\nautomatically to the maximum rate of interest permitted to be charged under applicable law. Without limiting the foregoing,\nyou will not be held liable for fees and charges greater than any maximum allowed under applicable law.\nYour Rights Under the Military Lending Act: Federal law provides important protections to members of the Armed Forces\nand their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the\nArmed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as\napplicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary\nproducts sold in connection with the 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 participation fees for a credit\ncard account). To hear the Military Lending Act Information, call 1-800-883-0131.\nYour Billing Rights \xe2\x80\x93 Keep This Document for Future Use. This notice tells you about your rights and our responsibilities\nunder the Fair Credit Billing Act.\nWhat to Do If You Find a Mistake on Your Statement. If you think there is an error on your statement, write to us at: TCM\nBank, N.A., Customer Service, P.O. Box 31481, Tampa, FL 33631-3481.\nIn your letter, give us the following information:\n\xe2\x80\xa2 Account information: Your name and account number.\n\xe2\x80\xa2 Dollar amount: The dollar amount of the suspected error.\n\xe2\x80\xa2 Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe\nit is a mistake.\nYou must contact us:\n\xe2\x80\xa2 Within 60 days after the error appeared on your statement.\n\xe2\x80\xa2 At least 3 business days before an automatic payment is scheduled, if you want to stop payment on the amount you think\nis wrong.\nYou must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any\npotential errors and you may have to pay the amount in question.\nWhat Will Happen After We Receive Your Letter.\nWhen we receive your letter, we must do two things:\n1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have\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 correct.\nWhile we investigate whether or not there has been an error:\n\xe2\x80\xa2 We cannot try to collect the amount in question, or report you as delinquent on that amount.\n\xe2\x80\xa2 The charge in question may remain on your statement, and we may continue to charge you interest on that amount.\n\xe2\x80\xa2 While you do not have to pay the amount in question, you are responsible for the remainder of your balance.\n\xe2\x80\xa2 We can apply any unpaid amount against your credit limit.\n9\n\n\x0cAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2 If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.\n\xe2\x80\xa2If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and\nfees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent\nif you do not pay the amount we think you owe.\nIf you receive our explanation but still believe your bill is wrong, you must write to us within ten (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 bill.\nWe must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when\nthe 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 is\ncorrect.\nYour Rights If You Are Dissatisfied With Your Credit Card Purchases\nIf you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good\nfaith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.\nTo use this right, all of the following must be true:\n1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the\npurchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an\nadvertisement we mailed to you, or if we own the company that sold you the goods or services.)\n2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check\nthat accesses your credit card account do not qualify.\n3. You must not yet have fully paid for the purchase.\nIf all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: TCM Bank, N.A.,\nCustomer Service, P.O. Box 31481, Tampa, FL 33631-3481.\nWhile we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we\nwill tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.\nState Laws Require the Following Notices: California Residents: After credit approval, each applicant shall have the right\nto use this account to the extent of any limit set by the creditor and each applicant may be liable for all amounts extended\nunder this account to any joint applicant. Married Wisconsin Residents: Your signature confirms that this credit obligation\nis being incurred in the interest of your marriage or family. If the credit card for which you are applying is granted, you will\nnotify TCM if you have a spouse who needs to review notification that credit has been extended to you.\nAuthorization: You expressly authorize your wireless carrier (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other\nbranded wireless operator) to disclose to TCM and its third-party service providers your mobile number, network status,\ncustomer type, customer\xe2\x80\x99s role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and\ndevice details, if available, solely to verify your identity and prevent fraud for the duration of the relationship.\n10\n\n\x0cPrivacy of Information: Please refer to our Privacy Policy for information about TCM\xe2\x80\x99s privacy practices.\nUnauthorized Use of Your Account: Please notify us immediately at 1-800-883-0131 of the loss or theft of your Card or\nConvenience Checks or of any other possible unauthorized use of your Account.\n\n11\n\n\x0c"