b'ACCOUNT OPENING DISCLOSURES\nInterest Rates and Interest Charges\nAnnual Percentage Rate (APR)\nfor Purchases\n\n29.90%\nThis APR will vary with the market based on the Prime Rate.\n\nAPR for Cash Advances\n\n29.90%\nThis APR will vary with the market based on the Prime Rate.\n\nPaying Interest\n\nYour Payment Due Date is at least 25 days after the close of each\nBilling Cycle. We will not charge you any interest on purchases if you\npay your entire Account balance by the Payment Due Date each\nmonth. We will begin charging interest on cash advances on the\ntransaction date.\n\nMinimum Interest Charge\n\nNone\n\nFor Credit Card Tips from the\nConsumer Financial Protection\nBureau\n\nTo learn more about factors to consider when applying for or using a\ncredit card, visit the website of the Consumer Financial Protection\nBureau at http://www.consumerfinance.gov/learnmore.\n\nFees\nSet up and Maintenance Fees\n\nNOTICE: Some of these set-up and maintenance fees will be assessed\nbefore you begin using your Card and will reduce the amount of credit\nyou initially have available. Based on your Credit Limit of $500, your\ninitial available credit will be $401 (or $371 if you choose to have an\nadditional Card).\nYou may still reject this plan, provided that you have not yet used the\nCard or paid a fee after receiving a Monthly Billing Statement. If you do\nreject the plan, you are not responsible for any Fees or Other Charges.\n\n\xe2\x97\x8f\n\nAnnual Fee\n\n$99.00\n\n\xe2\x97\x8f\n\nMonthly Maintenance Fee\n\n$120.00 annually (billed at $10.00 per month). Monthly Maintenance Fe e\nnot billed for the first 12 months your account is opened.\n\n\xe2\x97\x8f\n\nAdditional Card Fee\n\n$30.00 (one time, if applicable)\n\nTransaction Fees\n\xe2\x97\x8f\n\nCash Advance\n\nEither $5.00 or 5% of the amount of each cash advance, whichever is\ngreater.\n\n\xe2\x97\x8f\n\nForeign Transaction\n\n3% of each transaction in U.S. dollars.\n\nPenalty Fees\n\xe2\x97\x8f\n\nLate Payment\n\nUp to $40.00\n\n\xe2\x97\x8f\n\nReturned Payment\n\nUp to $40.00\n\nHow We Will Calculate Your Balance: We use a method called "average daily balance (including new purchases)." See\nINTEREST CHARGES below for more details.\nBilling Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your\nCardholder Agreement and Deposit Account Contract.\n\n\x0cCHARGES AND FEES\nINTEREST CHARGES:\nPeriodic Rates.\nINTEREST CHARGES for purchases and cash advances are calculated at a monthly periodic rate of 2.4917%, which is\nequivalent to an ANNUAL PERCENTAGE RATE ("APR") of 29.90%.\nVariable Rate.\nThe APR may increase or decrease on the first day of the subsequent monthly Billing Cycle based on changes in the\nprime rate ("Index"). The APR is calculated by adding the amount of margin stated below to the Index. The Index is the\nprime rate published in the Money Rates section of The Wall Street Journal on the 25th day of each month. If the Index is\nnot published on that day, the Index on the next business day will be used. Any increase in the APR may increase the\namount of interest charged to your Account and the total amount you must pay, and may take the form of an increase in\nthe monthly Minimum Payment. If the Index is no longer available, we will choose a new index that is based upon\ncomparable information. The APR for purchases and cash advances will be determined by adding a margin of 26.65% to\nthe Index.\nINTEREST CHARGES are imposed on purchases beginning on the date a purchase is posted to your Account.\nHowever, INTEREST CHARGES will not be imposed on purchases made in any Billing Cycle in which the previous\nbalance shown on your Monthly Billing Statement is zero and you pay your new balance in full by the Payment Due Date\nshown on your Monthly Billing Statement. INTEREST CHARGES are imposed on cash advances beginning on the date\na cash advance is obtained and continuing until the balance of your Account is paid in full. There is no time in which you\ncan pay the balance of cash advances in order to completely avoid INTEREST CHARGES.\nINTEREST CHARGES for a Billing Cycle are calculated separately for purchases and cash advances. There is no\nminimum INTEREST CHARGE. The INTEREST CHARGE calculation begins on the date the transaction is posted to\nyour Account.\nFor purchases, the INTEREST CHARGE is computed by multiplying the monthly periodic rate by the average daily\nbalance of purchases. To determine the average daily balance of purchases, we take the beginning outstanding balance\nof purchases each day, add any new purchases, and subtract any payments and/or credits. This gives us the daily\nbalance of purchases. (Any daily balance that is a credit balance is treated as zero ($0.00) balance.) Then, we add all the\ndaily balances of purchases for the Billing Cycle together and divide the total by the number of days in the Billing Cycle.\nThis gives us the average daily balance of purchases.\nFor cash advances, the INTEREST CHARGE is computed by multiplying the monthly periodic rate by the average daily\nbalance of cash advances. To get the average daily balance of cash advances, we take the beginning outstanding\nbalance of cash advances each day, add in any new cash advances, and subtract any payments and/or credits that we\napply to the cash advance balance. This gives us the daily balance of cash advances. (Any daily balance that is a credit\nbalance is treated as zero ($0.00) balance.) Then, we add all the daily balances of cash advances for the Billing Cycle\ntogether and divide the total by the number of days in the Billing Cycle. This gives us the average daily balance of cash\nadvances.\nFEES AND OTHER CHARGES:\nYour Account is subject to the following Fees and Other Charges, each of which may be charged to your Account:\nCash Advance Fee. In addition to the INTEREST CHARGE on cash advances, there is a fee of 5% or $5.00, whichever\nis greater, for each cash advance posted to your Account that month ("Cash Advance Fee"). NO CASH ADVANCES\nARE PERMITTED DURING THE FIRST 95 DAYS AN ACCOUNT IS OPEN.\nAdditional Card Fee. Your Account will be assessed a one-time additional card fee of $30.00 for each authorized user\nyou add to your Account.\nForeign Currency Transaction Fee. Your Account will be assessed a foreign currency transaction fee equal to 3% of\nany transaction made in a foreign currency that is converted to U.S. Dollars.\n\n\x0cAnnual Fee. Your Account will be assessed an Annual Fee of $99.00 (\xe2\x80\x9cAnnual Fee\xe2\x80\x9d). The Annual Fee will be billed to\nyour Account once the account is opened, and on or about your anniversary date each year. Your payment of the Annual\nFee does not affect our right to close your Account or our ability to limit transactions on your Account.\nAnnual Fee Renewal Refund Disclosure. We will refund the Annual Fee charged to your Account if you notify us, within\n30 days from the date of the Monthly Billing Statement on which it appears, that you wish to close your Account.\nMonthly Maintenance Fee. Your Account will be assessed a monthly maintenance fee, which will be billed at $10.00 per\nmonth to your Account (\xe2\x80\x9cMonthly Maintenance Fee\xe2\x80\x9d) at the end of each Billing Cycle. The Monthly Maintenance Fee will\nnot be billed in the first 12 months your account is open. Your payment of the Monthly Maintenance Fee does not affect\nour right to close your Account or our ability to limit transactions on your Account.\nLate Payment Fee. If we do not receive a payment from you in at least the amount of the minimum payment due\n("Minimum Payment") by the Payment Due Date shown on your Monthly Billing Statement, you will be charged a Late\nPayment Fee equal to the lesser of $29.00 or your Minimum Payment ("Late Payment Fee") in accordance with law. If\nyou fail to make a timely payment in any of the six (6) Billing Cycles after the initial late payment, you will be charged\n$40.00 or the amount of the required Minimum Payment, whichever is less. We may refer to this fee as the "Late Fee" or\n"Late Charge".\nReturned Payment Fee. If you make a payment on your Account and your check or other payment instrument (including\nan electronic funds transfer or a telephone authorized draft) is not honored for any reason or cannot be processed, we\nwill charge a Returned Payment Fee equal to the lesser of $29.00 or your Minimum Payment ("Returned Payment Fee").\nIn the event a payment is returned in any of the six (6) Billing Cycles after the initial returned payment, you will be\ncharged $40.00 or the amount of the required Minimum Payment, whichever is less. The charge may be imposed even if\nwe elect to re-present the item and it is paid upon our re- presentment. We will not charge both a Late Payment Fee and\na Returned Payment Fee based upon a single payment.\nOTHER IMPORTANT DISCLOSURES:\nSecurity Deposit (if applicable). We may require a collateral deposit in the form of a security deposit, up to the full\namount of the Credit Limit to be paid in full before the Account is opened to secure your obligations under this Agreement\nand to offset the risk associated with the Account. You understand and agree that if we require a security deposit, we\nmay use any or all amounts of the deposit to pay amounts you owe under this Agreement if you are in default or you or\nwe close or cancel your Account. Refer to the "Terms and Conditions of Your Deposit Account" and "Truth in Savings\nDisclosure \xe2\x80\x94 Deposit Account" section of this Agreement for more information.\nAvailable Credit Limits. Once the entire security deposit, if applicable, is paid in full, your Account will be opened and\nyou will have access to your initial available credit. Funds received in connection with a security deposit may be held up\nto 10 days before an Account is opened.\nAuthorization. You certify that all the information given in your application is true and correct and you are giving this\ninformation in order to obtain credit and authorize us to obtain information concerning any statements herein. You\nagree to furnish us with all requested information. You authorize us to charge the Annual Fee, Monthly Maintenance\nFee and Additional Card Fee (if applicable) to your Account.\n\nCELTIC BANK CARDHOLDER AGREEMENT AND DEPOSIT ACCOUNT CONTRACT\nYOUR AGREEMENT WITH US\nGeneral Terms. This Agreement covers the terms and conditions of the Card Account ("Account"). Celtic Bank is the\nCard issuer and assigns its rights for servicing and other rights to Continental Finance Company ("Continental Finance")\nafter Card issuance.\nYou agree to be bound by the following terms and conditions, which shall constitute an agreement between you and us.\nFurthermore, by accepting and using the Card, or paying any INTEREST CHARGES, Fees, or Other Charges, whichever\ncomes first, you expressly agree to be bound by the provisions of this Agreement and the rates and charges for use of\nthe Card, including as set forth under the "Charges and Fees" provisions, which are hereby expressly incorporated by\nreference into this Agreement. In this Agreement, "we", "us", and "our" refer to Celtic Bank as the issuer of the Card and\nContinental Finance as servicer, and each of their respective agents, authorized representatives, successors and\nassignees. . "Agreement" means this Cardholder Agreement and Deposit Account Contract. The words "you" and "your"\nmean the person who applied for the Account and each person to whom we issue a Card at the applicant\'s request or\nwho uses a Card with the applicant\'s consent ("Additional Card or Authorized User"). The word "Card" means your credit\ncard.\n\n\x0cPlease read this Agreement carefully and save it for future reference. It contains important state and federal disclosures,\nincluding Regulation Z disclosures and disclosures regarding your rights in case of errors or inquiries about your bill and\nimportant provisions relating to arbitration and litigation.\nApplicable Law.\nThis Agreement and your Account, and any claim, dispute or controversy (whether in contract, tort, or otherwise) at any\ntime arising from or related to your Account, this Agreement or any transferred balances, are governed by and construed\nin accordance with applicable federal law and, to the extent not preempted by federal law, by the laws of Utah (without\napplying its choice-of-law rules) \xe2\x80\x9c(Applicable Law\xe2\x80\x9d). The formation, legality, enforceability, and interpretation of this\nAgreement, and any amounts contracted for, charged and received under this Agreement, will be governed by such\nlaws. This Agreement is entered into between you and us in Utah, regardless of the state of your residence or whether or\nnot your Account or Card is used in Utah. Our decisions regarding the extension of credit to you are made in the State of\nUtah. Federal and Utah law will also apply to any controversy, claim, or dispute arising from or relating in any way to the\nsubject matter of this Agreement and your Account, including, without limitation, statutory, equitable, and tort claims.\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\nor account: 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). To be\nprovided with an oral disclosure of this information, please call toll-free 1-866-449-4514.\nEffective Date: This Agreement is effective upon the earlier of your acceptance and use of the Card to make a purchase\nor to receive a cash advance, or your payment of INTEREST CHARGES, Fees or Other Charges. You may reject this\nCard, provided that you have not yet used the Card or paid INTEREST CHARGES, Fees, or Other Charges after\nreceiving a Monthly Billing Statement. If you reject the Card, you are not responsible for any INTEREST CHARGES,\nFees or Other Charges. Notwithstanding anything to the contrary in this Agreement, if you are a resident of the State of\nNew York, this Agreement is effective upon your acceptance and use of the Card.\nChanges in Agreement Terms. We can change any term of this Agreement, including the rate at which or manner in\nwhich INTEREST CHARGES, Fees, and Other Charges are calculated, in our sole discretion, upon such notice to you as\nis required by law. At our option, any change will apply both to your new activity and to your outstanding balance when\nthe change is effective as permitted by law.\nBinding Effect. This Agreement is binding upon and enforceable against your heirs, legal representatives, and\nsuccessors.\nSeverability. If any provision of this Agreement, including any portion of the Arbitration Provisions set forth below, is\ndetermined to be invalid or unenforceable under any rule, law, or regulation, the validity or enforceability of any other\nprovision of this Agreement shall not be affected, and in lieu of such invalid or unenforceable provision there shall be\nadded automatically, as part of this Agreement, a provision as similar in terms as may be valid and enforceable, if\npossible. Notwithstanding the foregoing, if a class action litigation or a class-wide arbitration is permitted for any reason,\neither party may require that the entire Dispute, as defined in the Arbitration Provision below, be heard by a judge, sitting\nwithout a jury, under applicable court rules and procedures.\nEntire Agreement. This Agreement, together with your Application, constitutes the final and complete credit agreement\nbetween you and us relating to your Account and supersedes and may not be contradicted by evidence of any prior,\ncontemporaneous, or subsequent oral credit agreement between you and us relating to your Account.\nUSING YOUR CARD\nSign Your Card. To avoid unauthorized use of your Card, please sign the back of your Card immediately.\nGeneral Use. You may use your Card and your Account to make purchases if your Account is in good standing and you\nhave available credit. Your Card and Account may be used only for valid and lawful purposes. If you or an Authorized\nUser uses your Card and Account for any other purpose, you will be responsible for the use and may be required to\nreimburse us for all amounts or expenses we pay as a result of the use. No cash advances are permitted within the first\nninety five (95) days after an Account is open. After ninety five (95) days have elapsed from Account opening, you may\nobtain cash advances (See Cash Advance Fee section). You may not use the Card or your Account for any illegal\ntransaction or any gambling transaction. We will decline identifiable gambling transactions. We may impose restrictions\non your Account at any time as determined to be necessary by us in connection with our efforts to detect fraud or\nunauthorized use, including restrictions on (a) the number of transactions allowed per day; (b) the dollar amount of\ntransactions approved; (c) your ability to obtain cash advances; and (d) your ability to use your Card at an automated\nteller machine ("ATM").\n\n\x0cIf you give your Account number to make a purchase or obtain a cash advance without presenting your Card (such as for\na mail order, telephone, or Internet purchase), the legal effect will be the same as if the Card was present.\nYou may also use your Card and a personal identification number ("PIN") to obtain cash advances at an ATM, if we, at\nour option, issue you a PIN. ATM transactions are treated the same as cash advances. We may restrict your access to\nany ATM at any time. You should not keep your PIN with your Card. If you believe that anyone has gained unauthorized\naccess to your PIN, you should advise us immediately by following the procedures under the heading "Lost or Stolen\nCard."\nYour Responsibility for Authorized Users. If another person is given access to your Account and/or Card with your\nexpress or implied permission, notwithstanding the provision above, that person is an Authorized User, even if we did not\nissue an additional Card in the Authorized User\'s name. At your request, and if we agree, we may issue an additional\nCard in the name of an Authorized User with your Account number. You will be responsible for all charges, cash\nadvances, INTEREST CHARGES, purchases and Fees incurred by any Authorized User. We are not required to try to\nobtain payment from any Authorized User before requiring payment from you.\nIf you wish to remove an Authorized User from your Account you must contact us either by telephone or in writing. You\nwill still be responsible for payment of all purchases, cash advances, INTEREST CHARGES and Fees incurred or\nobtained by the Authorized User. We may close your existing Account and issue you a new Card and Account number.\nLost or Stolen Card. If you notice the loss or theft of your Card or a possible unauthorized use of your Card, you should\nwrite to us immediately at: Continental Finance, P.O. Box 3220, Buffalo, NY 14240-3220, or call us at 1-800-556-5678\n. You will not be liable for any unauthorized use.\nRefusals to Honor Card/Rejection of Transactions. We are not responsible if any financial institution, merchant, or\nother person refuses to honor your Card. Except as otherwise required by law or regulations, we will not be responsible\nfor merchandise or services purchased through your Card. Also, we may reject any transaction for any reason.\nUSING YOUR ACCOUNT\nAccessing Your Credit Line. You can use the Card and your Account to make purchases and obtain cash advances.\nUpon your request, you may be assigned a PIN. If a PIN is assigned to you, you may obtain a cash advance, any time\nafter ninety five (95) days after Account opening, at any authorized ATM that bears the Mastercard\xc2\xae acceptance mark by\nusing the Card and PIN. You should keep your PIN secure and not write it down, give it to anyone or keep it with your\nCard. Contact us immediately if someone has gained unauthorized access to your Card(s).\nUnderstanding Your Credit Limit. Your "Credit Limit" is the maximum amount of credit we have approved for your\nAccount. The amount of your Credit Limit is disclosed in the "Account Opening Disclosures" section of this Agreement\nand on your Monthly Billing Statements. You are responsible for keeping track of your Account balance and your Credit\nLimit. Your Account balance may not exceed your Credit Limit at any time. Decisions on Credit Limit Increases will be in\naccordance with federal law. We reserve the right to approve or deny authorizations or transactions from any merchant at\nour sole discretion.\nNetwork Outages. From time to time, due to circumstances beyond our control (such as fires, floods, earthquakes and\nother natural disasters and unpredictable events), our services may be unavailable. We will not be responsible or liable if\nthis happens.\nUNDERSTANDING YOUR PAYMENTS\nYour Promise to Pay, Cut-Off Time, Form of Payments. You promise to pay to us all amounts advanced to you as a\npurchase or a cash advance (including amounts advanced for Authorized Users) under this Agreement, plus all\nINTEREST CHARGES and Fees assessed on those amounts and all other charges, costs, and Fees which are applied\nto your Account. All payments must be made in U.S. dollars, and all checks or other items tendered in payment must be\ndrawn on United States financial institutions. Payments must be made to Continental Finance at the address shown on\nthe Monthly Billing Statement ("Mail Payments To" address") and must be received by Continental Finance no later than\n5:00 p.m., prevailing Eastern Time on the date on which they are due. Payments made at a branch or office of Celtic\nBank or Continental Finance prior to the close of business at the branch or office shall be considered received on the day\nthe payment is made at such location.\nPayment Due Date. The Payment Due Date will be at least twenty-five (25) days after the Billing Cycle closing date\n("Payment Due Date"). Payments will be credited to your Account as of the day of receipt if they are made in accordance\nwith our instructions. Your Payment Due Date will be the same day each month. If the Payment Due Date falls on a\nweekend, holiday or other day on which we do not receive payments, the Minimum Payment Due plus any other payment\nmust be received no later than 5:00 p.m. prevailing Eastern Time on the next business day we receive payments.\nAmount of Payment. You may pay any or all of the amounts you owe at any time without penalty, but you must pay at\n\n\x0cleast the Minimum Payment Due each month on or before the Payment Due Date.\nMinimum Payment Due:\n\xe2\x97\x8f\n\nIf the New Balance shown on your Monthly Billing Statement is less than or equal to $35.00, the Minimum Payment\nDue equals the New Balance.\n\n\xe2\x97\x8f\n\nIf your New Balance exceeds $35.00, the Minimum Payment Due equals the greater of 4.00% of the New Balance\nor $35.00, plus any Late Payment Fee assessed in the current Billing Cycle plus any past due amounts, not to\nexceed your Account balance.\n\nApplying of Payments. Payments in excess of the Minimum Payment Due are applied in accordance with law.\nAvailability of Credit and Payment Holds. Generally, payments are credited to your Account on the day they are\nreceived. Available credit created as a result of payments posted to your Account may not be available for up to seven\n(7) days, or longer if circumstances warrant an additional hold, or if we deem ourselves at risk for any reason. If you use\na payment service provided by a third party to deliver your payment to us, that third party may charge you a fee for such\nservice; such third party fees will not be billed to your Account. Credit to your Account may be delayed up to five (5) days\nif payment is (a) not received at the Payment Address or (b) not accompanied by the payment coupon portion of your\nMonthly Billing Statement. Delayed crediting may result in Late Fee and additional INTEREST CHARGES and Fees\nbeing applied to your Card.\nDirect Debit. You may choose, subject to our approval, to make a payment by means of a direct debit or charge to any\ndeposit, savings, or credit account of yours ("Payment Account"). By requesting that we process a payment by direct\ndebit or charge to your Payment Account, you hereby authorize us, at our option, to debit your Payment Account by\nmeans of an electronic transaction or to submit a paper check or draft to your financial institution, consistent with your\ninstructions.\nElectronic Check Presentment. If you pay by check, you are authorizing us to use information on your check to make a\none-time electronic debit from your account at the financial institution indicated on your check. This electronic debit will\nbe for the amount of your check; no additional amount will be added to the electronic debit. We will process your payment\nusing the Automated Clearing House ("ACH") system. Electronically processed and/or presented checks (and checks\npresented electronically) are not returned to you by your financial institution, bank or credit union. We will retain an image\nof your electronically processed check as required by law. A copy of the check can also be retrieved by contacting your\nfinancial institution. Please contact the Customer Service Department at the telephone number on your Monthly Billing\nStatement to learn about other payment options.\nIrregular Payments and Delay in Enforcement, Waivers and Releases. We may accept late payments, partial\npayments, checks, and money orders marked "paid in full" or language having the same effect, without losing any of our\nrights or legal defenses. All written communications concerning disputed amounts, including a check or other payment\ninstrument that (a) indicates that the payment constitutes "payment in full" or is otherwise tendered as full satisfaction of a\ndisputed amount, or (b) is tendered with other conditions or limitations, must be marked or delivered to us at the address\nfor \xe2\x80\x9cSend Correspondence To\xe2\x80\x9d shown on your Monthly Billing Statement, not the payment address. You waive\npresentment for payment, notice of non-payment, and you agree to any extensions of time of payment and partial payment\nbefore, at, or after maturity.\nMONTHLY BILLING STATEMENTS, OTHER INFORMATION AND COMMUNICATION FROM US\nWhen We Send Monthly Billing Statements. We will promptly send a Monthly Billing Statement at the end of each\nmonthly Billing Cycle if your Account has a debit or credit balance greater than $1.00 or if an INTEREST CHARGE or\nFee has been imposed.\nWhere We Send Your Monthly Billing Statement. We will send Monthly Billing Statements and any other notices to\nyou at the address shown in our files. You agree to notify us promptly of any change in your address. We may accept\naddress changes or corrections from the United States Postal Service. We may also mail Monthly Billing Statements and\nother communications to you at any address we determine to be an address at which you can receive mail. If you elect to\nreceive Monthly Billing Statements and other communications electronically, we may send those Monthly Billing\nStatements and communications as directed by you.\nUnderstanding Your Monthly Billing Statement. The Monthly Billing Statement will show the Previous Balance,\npurchases and cash advances posted during the Billing Cycle, any INTEREST CHARGES, Fees and Other Charges,\nand all payments, debits, and credits to your Account through the Billing Cycle Closing Date. It will also show, among\nother things, your New Balance, the Minimum Payment Due, and the Payment Due Date (which will be at least twentyfive (25) days after the Billing Cycle Closing Date and will be the same day every month).\nYou agree to review your Monthly Billing Statement promptly and to report any erroneous entries on such Monthly Billing\n\n\x0cStatement. You are obligated to report erroneous entries within 60 days after we mail or otherwise make the Monthly\nBilling Statement available to you. If you do not report the erroneous entries within the timeframe, the entries on your\nMonthly Billing Statement and the corresponding Account balance will be presumed to be correct. This means we will\nhave no liability to you for transactions appearing on your Monthly Billing Statement. If you dispute a transaction made by\nyou or someone else on your Account and we later credit your Account for all or part of the disputed amount, you will give\nus all of your rights against that other person. You also agree to give us any merchandise associated with the disputed\ntransaction and to help us in our efforts to seek reimbursement (including, but not limited to, providing documents).\nYour Consent to Automated-Dialer and Pre-recorded Calls and Text Messages. By providing us with a telephone\nnumber(s), at any time, you consent and authorize us to contact you regarding your Account at such number(s) using\nany lawful means of communication, including, but not limited to calls placed to your cell, mobile or other phone using an\nautomated dialing service, pre-recorded messages or text messages. Standard text messaging and/or calling charges\nimposed by your provider may apply. You do have the option to opt out of receiving communications at that number\nany time thereafter by contacting us at [the customer service telephone number provided on your statement], or\nsending written notice to us to the following address: [Celtic Bank, c/o Continental Finance Company, P.O. Box 3220,\nBuffalo, NY 14240-3220]. You must retain proof of delivery. If you send communications to any other addr ess, we\nmay not process your request.\nE-mail. By providing us with your e-mail address, you agree to receive correspondence electronically from us and our\naffiliates and service providers. We may communicate with you by e-mail for any lawful or business purpose.\nCall Monitoring. We may monitor and record any calls between you and us.\nNotices. We may send any notices to the address you gave us, or, if you have agreed, by email to the address you gave\nus. If you have multiple addresses, we will send notices to only one such address. We consider a notice sent as soon as we\nmail it. We consider an electronic notice sent as soon as we email it, unless we receive notification that the email was\nundeliverable.\n\nDEFAULT PROVISIONS\nEvents of Default. You will be in default of this Agreement if any of the following occur on this or any other Account you\nhave with us:\n\xe2\x97\x8f\n\nYou do not pay at least the Minimum Payment Due on your Account on or before the Payment Due Date.\n\n\xe2\x97\x8f\n\nYou die or become legally incompetent.\n\n\xe2\x97\x8f\n\nA bankruptcy or other insolvency proceeding is filed by or against you.\n\n\xe2\x97\x8f\n\nYou exceed or attempt to exceed your Credit Limit.\n\n\xe2\x97\x8f\n\nYou provide us with or have provided us with false or misleading information or signatures at any time.\n\n\xe2\x97\x8f\n\nYou fail to comply with this Agreement.\n\n\xe2\x97\x8f\n\nYou fail to make any payment or perform any promise in any agreement or obligation you have with us.\n\n\xe2\x97\x8f\n\nAny judgment, lien, attachment or execution is issued against you or your property.\n\n\xe2\x97\x8f\n\nYou request an excessive number of replacement Cards.\n\n\xe2\x97\x8f\n\nWe reasonably believe you will not pay amounts owed to us for any reason.\n\n\xe2\x97\x8f\n\nYou permanently reside outside of the United States.\n\nIf You Are In Default: Upon your default of this Agreement, we have all remedies provided by law including, without\nlimitation, and without prior notice or demand (except as required by Applicable Law), the right to:\n\xe2\x97\x8f\n\nDeny use of your Account.\n\n\xe2\x97\x8f\n\nClose or refuse to renew your Account.\n\n\xe2\x97\x8f\n\nDemand the return of your Card(s).\n\n\xe2\x97\x8f\n\nDeclare your entire Account balance immediately due and payable.\n\n\xe2\x97\x8f\n\nIncrease your Minimum Payment.\n\n\xe2\x97\x8f\n\nInitiate collection activity.\n\n\xe2\x97\x8f\n\nNot replace your Card(s).\n\n\xe2\x97\x8f\n\nReduce your Credit Limit.\n\n\xe2\x97\x8f\n\nApply any part or all of your security deposit, if applicable, to balances due.\n\n\xe2\x97\x8f\n\nPursue any action against you permitted by law.\n\n\x0cCollection Costs. To the extent permitted by law, you must pay all court and collection costs, including reasonable\nattorneys\' fees that we incur as a result of your default. A contingency or hourly arrangement established by us with an\nattorney or collection agency to collect an Account in default is presumed prima facie reasonable.\nCLOSING YOUR ACCOUNT\nWe May Close or Suspend Your Account. We may terminate your privileges under this Agreement or cancel or limit\nyour privileges to make purchases or obtain cash advances at any time, with or without cause, subject to applicable\nnotice requirements.\nYou May Close Your Account. You may terminate your Account at any time by notifying us by telephone or in writing.\nWhether your Account was terminated by us or by you, you promise that any amounts that you owe us at the time of\ntermination, plus any new purchases or cash advances, as well as any INTEREST CHARGES, Fees and Other Charges\nthat will continue to be imposed at the rates specified in this Agreement, will be repaid according to this Agreement. You\nagree that you will not try to make any purchases or obtain cash advances after you have been notified that your privileges\nto use your Account have been canceled. You may terminate this Account at any time. In order to terminate your Account,\nyou must either call us or give us written notice of your intent to terminate your Account at the address for \xe2\x80\x9cSend\nCorrespondence To\xe2\x80\x9d shown on your Monthly Billing Statement, and pay your outstanding Account balance in full. Your\nnotice of termination will become effective as soon as we can reasonably act on it. If you request that we terminate your\nAccount, but do not pay your outstanding Account balance in full, your credit privileges will be terminated. You agree that if\nyour Account is terminated by us or by you, we may apply any part or all of your security deposit, if applicable, to your\noutstanding balance pursuant to the terms of this Agreement.\nAccount Non-Use, Inactivity and/or Closure. In connection with the initial opening of your Account (but not in\nconnection with renewing the Account or replacing Cards that have been used for transactions to the Account), if you\nhave not made a payment, and either: (1) you do not activate your Card, or (2) you activate your Card but do not use\nyour Account for a purchase or cash advance, we may unilaterally close your Account and terminate your right to use\nthe Card or obtain credit, subject to any limitations under Applicable Law. If we close the Account in accordance with this\nparagraph, all Fees posted to your Account will be reversed.\nInitial Fees Refund Disclosure. You may still reject this plan, provided that you have not yet used the Account or paid\nINTEREST CHARGES, Fees or Other Charges after receiving a Monthly Billing Statement. If you do reject the plan, you\nare not responsible for any INTEREST CHARGES, Fees or Other Charges.\nOTHER TERMS AND CONDITIONS\nDeposit. If your Account is required to be secured by a Deposit Account, your deposit will be maintained at a financial\ninstitution of our choice. Additional terms and conditions governing the Deposit Account are explained elsewhere in this\nAgreement.\nBinding Effect Upon Death or Incompetency. If we pay a merchant or financial institution for a purchase or post a cash\nadvance to your Account before we receive actual written notice of your death or incompetence, or if we pay a merchant\nor financial institution for a purchase made by you or post a cash advance taken by you prior to your death or\nincompetence, that transaction will be a valid and binding Account obligation upon you, your estate and your personal\nrepresentatives.\nOur Liability To You. Neither Celtic Bank nor Continental Finance will have any liability to you other than as provided in\nthe Agreement and these terms and conditions. Unless imposed by law, neither Celtic Bank nor Continental Finance will\nbe liable for any indirect, punitive, incidental, special or consequential loss or damages with respect to this Agreement.\nNotices. We will send Monthly Billing Statements and any other notices to you at the address shown in our files. If you\nchoose to receive Monthly Billing Statements electronically, we will send them and any other notices to you at the email\naddress shown in our files. You promise to inform us promptly in writing of any change in your address or email address.\nAny written notice from you to us must be sent to us at Continental Finance, P.O. Box 3220, Buffalo, NY 14240-3220 or\nto such other address as we may give you, and shall be effective when received by us at such address. In determining\nyour last known address, we can accept address corrections received from the U.S. Postal Service.\nCredit Limit Increases. Your Credit Limit will be increased by $500 bringing your total Credit Limit to $1,000 if you make\nat least your Minimum Monthly Payment by the Payment Due Date each month for the first 6 monthly Billing cycles. If we\nrequired a security deposit at Account opening, you will not need to deposit any additional funds to secure this Credit Limit\nIncrease. Thereafter, your Account will be reviewed periodically for future Credit Limit Increases in accordance with\nApplicable Law. In order to receive a Credit Limit Increase, you must qualify for and elect to receive such increase. Each\nCredit Limit Increase may vary in size but will be subject to a maximum Credit Limit of $2,000.00. Each Credit Limit\nIncrease will appear on your Account no later than one (1) month after you have qualified for such increase. We may\nchange the criteria applied to determine your eligibility for a Credit Limit Increase at any time in our sole discretion in\naccordance with Applicable Law. In addition, we may elect, in our sole discretion, to modify or discontinue the practice of\ngranting Credit Limit Increases.\n\n\x0cForeign Currency Conversion Rate. If you effect a transaction at a merchant that settles in a currency other than U.S.\ndollars, the transaction amount will be converted into U.S. dollars at a government-mandated exchange rate, or a\nwholesale exchange rate. The government-mandated exchange rate or wholesale exchange rate is the rate selected for\nthe applicable currency on the day the transaction is processed, which may differ from that applicable to the date the\ntransaction occurred or when it is posted to your Account.\nCall Monitoring/Recording. You authorize us and any third party servicing your Account to listen to and record\ntelephone calls with you to evaluate the quality of service or for any other lawful purpose, if permitted under Applicable\nLaw.\nSale/Assignment/Transfer. We may sell, assign, or transfer all or any portion of your Account or any Account balances\ndue under your Account without prior notice to you. You may not sell, assign, or transfer your Card or your Account or\nany of your obligations under this Agreement.\nUse of Information about You and Your Account. Because you applied for a Card, we are entitled under Applicable\nLaw, including the Fair Credit Reporting Act, to obtain information about you from a credit reporting agency. We may also\nverify your credit references and other information that you provide to us. We may obtain updated or additional\ninformation about you, including consumer reports, from time to time for any legitimate purpose including, but not limited\nto, the extension of credit to you or the review or collection of your Account. We will report late payments, missed\npayments, or other defaults on your Account to credit bureaus.\nYou understand to prevent the funding of terrorism and money laundering, the United States Government requires\nfinancial institutions obtain, verify and retain certain cardholder information, such as your name, address, date of birth\nand other identifying information including your driver\'s license or other government-issued ID, to allow us to confirm your\nidentity. We will retain this information. With respect to information about you and your Account that is covered by our\nprivacy policy, we will use such information in accordance with the terms of the Privacy Policy.\nHow to Contact Us. For general inquiries and correspondence we can be reached in writing at: Continental\nFinance, P.O. Box 3220, Buffalo, NY 14240-3220. Or, you can call our Customer Service Department at 1-866-4494514. Automated Account information is available 24 hours a day, 7 days a week with representatives available\nMonday \xe2\x80\x94 Friday between the hours of 7:00 a.m. to 10:00 p.m. and Saturday between the hours of 9:00 a.m. to 4:00\np.m., Eastern Time. Payments should be mailed to the address listed on your Monthly Billing Statement.\nYOUR BILLING RIGHTS\nKEEP THIS NOTICE FOR FUTURE USE\nThis notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.\nWhat To Do If You Find A Mistake On Your Monthly Billing Statement.\nIf you think there is an error on your Monthly Billing Statement, write to us at:\nContinental Finance\nP.O. Box 3220\nBuffalo, NY 14240-3220\nIn your letter, give us the following information:\n\xe2\x97\x8f\n\nAccount information: Your name and Account number.\n\n\xe2\x97\x8f\n\nDollar amount: The dollar amount of the suspected error.\n\n\xe2\x97\x8f\n\nDescription of problem: If you think there is an error on your Monthly Billing Statement, describe what you believe is\nwrong and why you believe it is a mistake.\nYou must contact us:\n\n\xe2\x97\x8f\n\nWithin 60 days after the error appeared on your Monthly Billing Statement.\n\n\xe2\x97\x8f\n\nAt least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount\nyou think is wrong.\n\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 When 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\n\n\x0calready 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 Monthly\nBilling Statement is correct.\nWhile we investigate whether or not there has been an error:\n\xe2\x97\x8f\n\nWe cannot try to collect the amount in question, or report you as delinquent on that amount.\n\n\xe2\x97\x8f\n\nThe charge in question may remain on your Monthly Billing Statement, and we may continue to charge you\nINTEREST CHARGES on that amount.\n\n\xe2\x97\x8f\n\nWhile you do not have to pay the amount in question, you are responsible for the remainder of your Account\nbalance.\n\n\xe2\x97\x8f\n\nWe can apply any unpaid amount against your Credit Limit.\n\nAfter we finish our investigation, one of two things will happen:\n\xe2\x97\x8f\n\nIf we made a mistake: You will not have to pay the amount in question or any INTEREST CHARGES, Fees or\nOther Charges related to that amount.\n\n\xe2\x97\x8f\n\nIf we do not believe there was a mistake: You will have to pay the amount in question, along with applicable\nINTEREST CHARGES, Fees and Other Charges. We will send you a Monthly Billing Statement of the amount you\nowe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you\nowe.\n\nIf you receive our explanation but still believe your Monthly Billing Statement is wrong, you must write to us within 10\ndays telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you\nare questioning your Monthly Billing Statement. We must tell you the name of anyone to whom we reported you as\ndelinquent, and we must let those organizations know 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\nMonthly Billing Statement is correct.\nYour Rights if You Are Dissatisfied With Your Credit Card Purchases.\nIf you are dissatisfied with the goods or services that you have purchased with your Card and you have tried in good faith\nto 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 Card for the purchase. Purchases made with cash advances from an ATM or with a check\nthat accesses your 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:\nContinental Finance\nP.O. Box 3220\nBuffalo, NY 14240-3220\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.\nSTATE DISCLOSURES\nCalifornia Residents. A married applicant may apply for a separate Account. As required by law, you are hereby notified\nthat a negative credit reporting reflecting on your credit record may be submitted to a Consumer Reporting Agency if you\nfail to fulfill the terms of your credit obligations. After credit approval, each applicant shall have the right to use the\nAccount up to the limit of the Account. Each applicant may be liable for amounts extended under the plan to any joint\napplicant.\n\n\x0cDelaware Residents. Service charges not in excess of those permitted by law will be charged on the outstanding Account\nbalances from month to month.\nKentucky Residents. You may pay the unpaid balance of your Account in whole or in part at any time.\nNew York and Vermont Residents. We may obtain a consumer report for any legitimate purpose in connection with\nyour Account or your application, including but not limited to reviewing, modifying, renewing and collecting on your\nAccount. Upon your request, we will inform you of the names and addresses of any Consumer Reporting Agencies that\nhave furnished the reports. New York residents may contact the New York State Banking Department (1-800-342-3736)\nto obtain a comparative list of credit card rates, fees and grace periods.\nOhio Residents. The Ohio laws against discrimination require that all creditors make credit equally available to all credit\nworthy customers, and that Consumer Reporting Agencies maintain separate credit histories on each individual upon\nrequest. The Ohio Civil Rights Commission administers compliance with this law.\nMarried Wisconsin Residents. No provision of any marital property agreement, unilateral statement, or court order\napplying to marital property will adversely affect a creditor\'s interests unless prior to the time credit is granted, the creditor\nis furnished with a copy of the agreement, statement, or court order, or has actual knowledge of that provision.\nTERMS AND CONDITIONS OF YOUR DEPOSIT ACCOUNT\nThe following additional terms apply in connection with your Deposit Account.\nDeposit. An initial Deposit Account balance is needed to open your Account. This amount is printed in the application\ndecision letter and must be paid by one of the payment methods contained in such letter. You may make additional\ndeposits to your Deposit Account up to a maximum Deposit Account balance of $2,000. After the Account has been open\nfor 90 days and we have received at least three timely Minimum Payments, we will increase your Credit Limit to the\namount of your Deposit Account balance. Any non-cash items tendered for deposit will be given only provisional credit\nuntil collection is final. Deposit funds may be held up to 10 days. We are not responsible for transactions initiated by mail\nor outside depository institutions until we actually receive them. We will treat and record all security deposit funds\nreceived after our "daily cutoff time" on a Business Day we are open, or received on a day that we are not open for\nbusiness, as if initiated on the following Business Day that we are open.\nWithdrawals. Since this Deposit Account is collateral for your Account, and not a Fee, withdrawals are not permitted\nfrom this Deposit Account while there remains an outstanding balance on your Account or while you retain possession of\nany Card.\nBankruptcy. If you become a debtor in any proceeding under the United States Bankruptcy Code, you agree that you\nwill recognize us as a perfected secured creditor with respect to the Deposit Account and that you will declare the\nDeposit Account as exempt property pursuant to the provisions of the United States Bankruptcy Code or applicable State\nexemption laws.\nAmendments. We may amend the terms and conditions applicable to your Deposit Account separately from the\nremainder of this Agreement at any time with reasonable written notice to you, as required by law.\nAssignments Prohibited. You may not assign the Deposit Account to anyone other than us without our prior written\nconsent.\nPledge Agreement. As a security for the payment of all credit extended through your Account, you pledge to, and grant\nContinental Finance, its successors and assigns, a security interest in all funds now and hereafter deposited in your\nDeposit Account. You authorize us to unconditionally restrict withdrawals from your Deposit Account. If your Account is in\ndefault or if your Account is terminated for any reason, we may at any time thereafter, and without notice to you (unless\notherwise required by law), apply all or part of the funds in your Deposit Account as a credit toward any and all amounts\nowed on your Account. We may also exercise any other remedies under the terms of this Agreement or otherwise legally\navailable. If your Account is cancelled or closed either by you or us, we have (unless otherwise required by law) ninety\n(90) days from the date of such Account closure to allow for all charges made on the Card to clear. After the expiration of\nthis period, we will remit to you the full amount remaining in your Deposit Account, if any, after the application of the\nsecurity deposit to any outstanding balances that remain on your Card.\nTRUTH IN SAVINGS DISCLOSURE \xe2\x80\x94 DEPOSIT ACCOUNT\nSecurity Deposit Insurance. This Deposit Account will be held at an FDIC or NCUA insured financial institution and will\nreceive the benefit of FDIC, NCUA or other depository insurance.\nRate Information. This is a non-interest bearing Deposit Account. The Interest Rate and Annual\nPercentage Yield is 0%. No interest accrues on the Deposit Account.\n\n\x0cMinimum Balance Limitations. The minimum balance to open the Deposit Account is the amount printed in the\napplication decision letter. Once your balance reaches the required amount, your Account will be opened. We must\nreceive the entire amount within 30 days from the date we received your application, or any money applied to your\nDeposit Account will be refunded.\nTransaction Limitations. No withdrawals will be permitted from your Deposit Account while there remains a balance on\nyour Account or while you retain possession of the Card. The maximum amount of funds that may be deposited into this\nDeposit Account is $2,000.00. Deposit amounts and the corresponding methods of payment will be disclosed in the\napplication decision letter. Deposit funds may be held for up to 10 days, which will delay the opening of your Account.\nFees. No fees are charged on this Deposit Account.\nARBITRATION PROVISION\nPLEASE READ CAREFULLY: This Arbitration Provision (the "Provision") waives any right to file claims in court,\nother than a small claims court, or to participate in a class action or other consolidated proceeding.\nCARDHOLDERS COVERED BY THE MILITARY LENDING ACT. Notwithstanding any other provision of this\nAgreement, if you are a \xe2\x80\x9ccovered borrower\xe2\x80\x9d under the Military Lending Act, as defined in at 32 CFR \xc2\xa7 232.3(g),\nthe Arbitration Provision does not apply to you.\nUnless you opt out of this Provision in the manner set forth below in subpart (p), any claim that arises out of or in any way\nrelates to the Agreement, your Account, or this Provision (the \xe2\x80\x9cClaim(s)\xe2\x80\x9d) shall be resolved exclusively by binding bilateral\narbitration in accord with the following:\na)\nThis Provision is contained in a contract evidencing interstate commerce and is governed by the Federal\nArbitration Act, 9 U.S.C. Sections 1-16.\nb)\nArbitration in accordance with this Provision shall be conducted by the American Arbitration Association\n("AAA") by a single arbitrator (the \xe2\x80\x9cArbitrator\xe2\x80\x9d) using the applicable rules and procedures established by the AAA for\nexpedited consumer arbitration. To the extent any of the AAA\'s rules and procedures contradict the express terms of the\nProvision, the Provision shall control and the contradictory portions of the AAA\'s rules and procedures shall not apply.\nc)\nThe Arbitrator shall enforce the Applicable Law in the Agreement and shall honor applicable statutes of\nlimitations and claims of privilege. The Arbitrator may award any relief available under Applicable Law, provided that\nthe Arbitrator is not authorized to award punitive or other damages not measured by the prevailing party\xe2\x80\x99s actual\ndamages.\nd)\nYou or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be\nrepresented by counsel. Any in-person arbitration hearing or proceeding shall be held in the same city as the U.S.\nDistrict Court closest to your billing address unless you and we agree otherwise.\ne)\nThe Arbitrator has no authority to conduct class, joint, private attorney general or consolidated arbitration\nproceedings on any Claim, and may award relief only on an individual basis. If you assert a Claim against us, we can\nchoose to arbitrate. Claims brought as part of a class action, or any other representative action can be arbitrated\nonly on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a\nclass action or other representative action. Claims of two (2) or more persons may not be combined in the same\narbitration.\nf)\nExcept as may be required by law, neither a party nor its representatives may disclose the existence, content, or\nresults of any arbitration hereunder without the prior written consent of all parties. No arbitration award involving the\nparties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the\narbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration\nbetween the parties to this Provision.\ng)\nRegardless of who asserts any Claims, we shall advance your portion of the arbitration filing and hearing fees. If\nwe prevail in arbitration, the Arbitrator may require you to reimburse us for any filing and hearing fees that we advanced\non your behalf provided that the total filing and hearing fees paid by you shall not exceed the court costs you would\nhave paid in a comparable state court action. This subpart (g) shall not affect attorney\'s fees or costs, including witness\nor expert witness\' fees or costs. You shall be responsible for your own attorney\'s fees and costs.\nh)\nIf permitted by Applicable Law, the Arbitrator may award reasonable attorney\'s fees and costs to the\nparty who substantially prevails in arbitration.\ni)\nIn the event the AAA or its rules and procedures are unavailable for any reason, you or we may ask a court to\nappoint a substitute Arbitrator to arbitrate under comparable rules and procedures. The unavailability of the AAA or its\nrules and procedures shall not render the Provision unenforceable.\nj)\nThe Provision covers any Claim arising out of or in any way relating to the Provision itself. All issues of arbitrability\nmust be arbitrated, including but not limited to whether the Provision is enforceable or applicable.\n\n\x0ck)\nThe Provision remains in full force and effect unless you opt out of the Provision in accordance with subpart (p) or\nyou and we otherwise agree in writing to set the Provision aside. The Provision survives, for example but without\nlimitation, the cancellation or termination of the Agreement or your Account, the satisfaction of any obligations under the\nAgreement or your Account, the transfer, sale, or assignment of the Agreement or your Account or any rights under either,\nand the bankruptcy of any party.\nl)\nEach of the following persons or entities is an intended beneficiary of the Provision and may enforce the Provision\nin full with respect to any claims between such persons or entities on the one hand and you on the other hand that arise\nout of or in any way relate to the Agreement or the Provision: Continental Finance and any of its or our past, present, and\nfuture employees, agents, principals, representatives, directors, officers, shareholders, governors, managers, members,\nparent companies, subsidiaries, affiliated entities, partners, licensees, attorneys, predecessors, successors, joint\nventurers, contractors, assigns, designees, servicers, and "service providers" (defined as any third party providing us or\nany of the foregoing entities or persons any goods or services that arise out of or in any way relate to the Agreement or\nthe Provision).\nm)\nThe Provision may be enforced by or against any person or entity purporting to bring Claims on your behalf,\nincluding but not limited to any agent, representative, guardian, or trustee. The Provision may also be enforced by or\nagainst any person or entity who acquires any right or interest that, but for the transfer of the right or interest, would have\nbelonged to us or an intended beneficiary of the Provision.\nn)\nYou and we shall retain the right to bring in the small claims court for the county of your residence any claims that\nare within the small claims court\'s jurisdiction. Any appeal or other review of a small claims court judgment or order shall\nbe undertaken exclusively by arbitration in accordance with the Provision.\no)\nIf any part of the Provision is found unenforceable, subject to any rights to judicial and/or appellate review the\noffending part shall be severed and the balance of the Provision shall remain in effect and shall be construed in light of\nthe express intent of you and us to resolve all claims on a bilateral basis in binding arbitration, except that: (A) if all or any\nportion of subpart (e) is declared invalid in a proceeding between you and us, without in any way impairing the right to\nappeal such decision, this entire Provision (other than this sentence) shall be null and void in such proceeding; and (B) if a\nclaim is brought seeking public injunctive relief and a court determines that the restrictions in subpart (e) or elsewhere in\nthis Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such\nclaim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will\nbe determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will\nrequest that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has\nbeen entered in court.\np)\nYou may opt out of this Provision by sending written notice to us of your decision to opt out. Notice must be sent\nby United States Postal Certified Mail, Return Receipt Requested, to the following address: Celtic Bank, c/o Continental\nFinance Company, P.O. Box 3220, Buffalo, NY 14240-3220. The notice must be postmarked no later than 30 days after\nthe date of your Agreement. You must retain proof of receipt. Your opt out notice must state that you reject the arbitration\nProvision and include your name, address, Account number and personal signature. No one else may sign the opt out notice. Your\nopt out notice will not apply to the arbitration provision(s) governing any other account(s) that you have or had with us. Your\ndecision to opt out will not affect our decision to continue to extend credit to you under the Agreement.\nMastercard\xc2\xae and the Mastercard acceptance mark and service marks used by Celtic Bank under license from\nMastercard International.\n3/25/2020\n\n\x0c'