b'Grand Reserve World Mastercard Cardholder Agreement for Cards issued by Celtic\nBank\nOctober 2020\nThis Cardholder Agreement (\xe2\x80\x9cCardholder Agreement\xe2\x80\x9d) outlines the terms and conditions\n\nunder which The Grand Reserve World Mastercard is issued to you by Celtic Bank, a UtahChartered Industrial Bank, Member FDIC ( \xe2\x80\x9cus,\xe2\x80\x9d \xe2\x80\x9cwe,\xe2\x80\x9d \xe2\x80\x9cour,\xe2\x80\x9d or the like) This Cardholder\n\nAgreement details the terms by which your Card will be offered and administered. Please\nreview this in detail to be sure you understand all of the terms and conditions with using\nthis Card.\n\nThere are three main parts to this Cardholder Agreement: Pricing Information, Customer\n\nAgreement, and Your Billing Rights. The Pricing Information shows the primary pricing\nterms for this Card for new accounts available under this Agreement. The Customer\n\nAgreement contains important information related to how we will administer the credit\n\ncard program. Plus, any other disclosures or notices that are referenced or issued are part\nof this Agreement. Your Billing Rights summarizes certain rights provided to you by law\nthat are related to billing on your Card Account (\xe2\x80\x9cAccount\xe2\x80\x9d).\n\nTHIS AGREEMENT REQUIRES CLAIMS TO BE ARBITRATED AND FORBIDS CLASS\nACTIONS UNLESS YOU (1) ARE SUBJECT TO THE PROTECTIONS OF THE MILITARY\nLENDING ACT OR (2) EXERCISE YOUR RIGHT TO REJECT ARBITRATION AS PROVIDED\nIN THE ARBITRATION PROVISION AT THE END OF THIS AGREEMENT.\nPRICING INFORMATION\nInterest Rate and Interest Charges\nAnnual Percentage Rate\n(APR) for Purchases\n\n14.99% to 22.99% based on your creditworthiness\n\nwhen you open your Account. This APR will vary with the\nmarket based on the Prime Rate.\n\nAPR for Balance Transfers N/A (Balance Transfers are not available)\n\n\x0cInterest Rate and Interest Charges\nAPR for Cash Advances\nHow to Avoid Paying\nInterest\nMinimum Interest Charge\n\nN/A (Cash Advances are not available)\n\nYour due date is at least 23 days after the close of each\nbilling cycle. We will not charge you any interest on\npurchases if you pay your entire balance by the due date\neach month.\n\nIf you are charged interest, the charge will be no less than\n$1.00.\n\nTo learn more about factors to consider when applying\nFor Credit Card Tips from\nfor or using a credit card, visit the Consumer Financial\nthe Consumer Financial\nProtection Bureau\xe2\x80\x99s website\nProtection Bureau\nat http://www.consumerfinance.gov/learnmore\nFees\nAnnual Fee\nTransaction Fees\n\xe2\x80\xa2 Balance Transfer\n\xe2\x80\xa2 Cash Advance\n\xe2\x80\xa2 Foreign Transactions\n\nPenalty Fees\n\xe2\x80\xa2 Late Payment\n\xe2\x80\xa2 Over-the-Credit Limit\n\xe2\x80\xa2 Returned Payment\n\n0$ for the first year, then $149.00 each year thereafter\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nN/A (Balance Transfers are not available)\nN/A (Cash Advances are not available)\nNone\nUp to $25\nNone\nUp to $37\n\nHow We Will Calculate Your Balance: We use a method called Average Daily Balance\n(including new purchases). See Customer Agreement for details.\n\nBilling Rights: Information on your rights to dispute transactions and how to exercise\nthose rights is provided in your Agreement.\n\nCUSTOMER AGREEMENT\nWelcome to the Grand Reserve World Mastercard by Celtic Bank!\nThank you for opening a credit Card Account with us. This Customer Agreement\n(\xe2\x80\x9cAgreement\xe2\x80\x9d) contains the terms for your Card.\n\n\x0cSome Definitions.\nThe meanings of the terms you see in italics appear in the Glossary Section. We also have\nlinks to certain terms and definitions.\n\nTo make the Agreement easy to understand, we will also use the following personal\n\npronouns \xe2\x80\x9cYou,\xe2\x80\x9d \xe2\x80\x9cyour,\xe2\x80\x9d and \xe2\x80\x9cyourself\xe2\x80\x9d mean each applicant for the Account; any person\n\nresponsible for paying the Account; and anyone You authorize to use, access or service the\nAccount.\n\n\xe2\x80\x9cWe,\xe2\x80\x9d \xe2\x80\x9cus,\xe2\x80\x9d \xe2\x80\x9cour,\xe2\x80\x9d \xe2\x80\x9cCeltic Bank\xe2\x80\x9d means Celtic Bank, a Utah-Chartered Industrial Bank,\n\nMember FDIC; and its agents, authorized representatives, successors, and assignees.\nThings You Should Know About This Card\nHow are the Balance and Interest Charges calculated?\nWe use the Average Daily Balance Method (Including Current Transactions).\n\nWe figure the interest charge on your Account by applying the periodic rate to the \xe2\x80\x9caverage\n\ndaily balance\xe2\x80\x9d of your Account. To get the \xe2\x80\x9caverage daily balance\xe2\x80\x9d we take the beginning\n\nbalance of your Account each day, add any new purchases/fees, and subtract any unpaid\ninterest or other finance charges and any payments or credits. This gives us the daily\n\nbalance. Then, we add up all the daily balances for the billing cycle and divide the total by\nthe number of days in the billing cycle. This gives us the \xe2\x80\x9caverage daily balance.\xe2\x80\x9d\nHow is your Variable APR Calculated?\n\xe2\x80\xa2\n\n\xe2\x80\xa2\n\nYour variable Annual Percentage Rate (APR) is calculated by adding a margin\n(currently between 11.74% and 19.74% ) to the Prime Rate.\n\nWe use the Prime Rate from the rates section of the Wall Street Journal, published\ntwo business days before the end of the Billing Cycle.\n\nYour Daily Periodic Rate (DPR) is 1/365th of the corresponding APR.\n\nIf the Wall Street Journal does not publish a rate on that day, we will use the Prime Rate for\nthe previous business day. If the Wall Street Journal is no longer published, we may use the\nPrime Rate from any other newspaper. Or, we may choose to use a different, similar\npublished rate.\n\n\x0cIf the Prime Rate increases, Variable APRs will increase. In that case, you may pay more\n\ninterest and may have a higher payment or balance due. When the Prime Rate changes, the\nresulting changes to Variable APRs take effect as of the first day of the next Billing Cycle.\nHow can I avoid paying Interest Charges?\nIf you pay your statement\xe2\x80\x99s \xe2\x80\x9cNew Balance\xe2\x80\x9d in full by the due date, we will not charge\n\ninterest on any new transactions that post to the Purchase balance. If you have been paying\nyour account in full with no interest charges, but then you do not pay your next \xe2\x80\x9cNew\n\nBalance\xe2\x80\x9d in full, we will charge interest on the portion of the balance that you did not pay.\nHow is the Interest Charge applied?\nInterest charges accrue from the 1) date of the transaction, 2) date the transaction is\n\nprocessed, or 3) first calendar day of the billing period. Interest charges accrue on every\n\nunpaid amount until it is paid in full. This means you may owe interest charges even if you\n\npay the entire \xe2\x80\x9cNew Balance\xe2\x80\x9d one month, but did not do so for the previous month. Unpaid\n\ninterest charges are added to the proper segment of your account. However, we reserve the\nright to not assess interest charges at any time.\nCan You Change My Account Terms?\nAlthough we don\xe2\x80\x99t plan to, we can change some terms of your Account as permitted by law.\nIf we do change any of the terms in this Cardholder Agreement, we will send you notice\n\nbefore doing so. Please review this Cardholder Agreement in full to be sure you understand\nthe current terms for your Card.\n\nYour APR, daily periodic rate, and interest charges will change if the Prime Rate\nchanges.\nAccount Documents.\nYour Account with us is governed by the following documents:\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nthis document;\nall Statements;\n\n\x0c\xe2\x80\xa2\n\n\xe2\x80\xa2\n\nany Privacy Notices describing our limitations on sharing information about you\nwith others;\n\nany Card benefits brochure which describes benefits provided by the Payment Card\n\nNetwork for your Card and Account. The most current version of your Card benefits\n\xe2\x80\xa2\n\n\xe2\x80\xa2\n\n\xe2\x80\xa2\n\nbrochure will replace all prior versions;\n\nall disclosures and materials provided to you before or when you opened your\nAccount, including Truth in Lending Disclosures;\n\nall other documents and disclosures relating to your Account including those\nprovided online; and\n\nany future changes we make to any of the above documents.\n\nPlease read these carefully and keep them for future reference. An image of any of these\ncan be used instead of the original.\nNew Offers.\nIn the future, we may make new offers to you or forward offers from others that we think\nyou might be interested in. These offers may have different terms and documentation\n\nwhich will be provided when we make you the offer. If you accept the offer, all previously\ndisclosed terms will still apply except as modified by the offer.\n\nFor more information about what we and our service providers may share and how to opt\nout, please review the Privacy Notice. You can see how we and our service providers\ncollect, use and store your data in our Privacy Policy.\nConsent to Electronic Documents.\nWe are committed to offering services to You in a convenient, controlled, and secure\n\nmanner. Therefore, the online Card application and approval process has been designed\n\naround the expectation that all documents and information required to be provided to You\nwill be provided electronically. We may still deliver paper documents and if we do so, we\n\nare not waiving any of these rights. By proceeding with the online application or activating\nyour Card, you agree to the terms detailed in our Electronic Consent Policy, found at\n\n\x0chttps://grandreservecard.com/electronic-consent-policy as amended from time to time.\n\nPlease review this Policy to ensure you understand and agree with all of the terms; while\n\nwe have summarized our terms and conditions here, the Electronic Consent Policy details\nall of Your and Our rights and obligations.\n\nIf at any time after you submit the application you change your mind and wish to no longer\nreceive documents and information electronically, please notify us as detailed in the\n\nElectronic Consent Policy. Understand that this may result in an adverse decision on your\nApplication.\n\nAccount Information.\nWe need information about you to manage your Account. The information we need may\ninclude:\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nyour legal name;\n\na valid U.S. mailing address and residential address (if different);\nyour date of birth;\n\nyour Social Security Number, Passport Number, and/or other government\nidentification number, if available;\nyour telephone number(s);\n\nyour employment, income, and asset information;\nyour educational history and information;\n\nyour citizenship status and information; and\n\nother related information as deemed necessary.\n\nYou must tell us when this information changes. Please update your address in the manner\n\nprovided on your Statement. You may also update some of this information by logging onto\nyour Account on our website or by calling one of our representatives at the telephone\n\nnumber provided on your Statement or on the back of your Card. We may require you to\nprovide additional documents that are acceptable to us to verify this information or any\n\nchanges. We maintain the right to restrict or close your Account if your information cannot\nbe verified or if you do not provide additional information as requested.\n\nYou also give us permission to verify or research, with a third party, the information you\n\nprovide to us. This permission includes, without limitation, verifying or researching your\n\n\x0cinformation with LexisNexis (or similar), United States Department of Homeland Security,\nand the United States Department of the Treasury.\nCredit Limit.\nWhen you open your Account, you will receive your credit limit. This will also appear on\nyour Statements. We might also refer to your credit limit as your credit line.\n\nYou are responsible for keeping track of your Account balances and your available credit\nlimit. Do not allow your Account to go over any credit limit, as the transaction could be\n\ndeclined or your credit score could be adversely affected. We may still honor transactions\n\nabove your credit limit, but our honoring of these transactions will not increase your credit\nlimit. We may also increase, decrease, restrict, or cancel your credit limit at any time. This\nwill not affect your obligation to pay us.\nUsing Your Account.\nYou promise to follow the terms of this Agreement as long as your Account remains open\nor has a balance. Please sign the Card immediately when you receive it. The Card is valid\n\nduring the dates provided on the front. The Card is our property, and you will return it to\n\nus or destroy it if we ask. You will take reasonable steps to prevent the unauthorized use of\nyour Card and Account.\n\nWe are not responsible if anyone refuses to accept your Card for any reason. Also, we may\nreject any transaction for any reason. Unless we tell you otherwise, we will bill each\n\ntransaction to the applicable Segment of your Account and apply it against your available\ncredit limit for the Account and Card for that Segment in each Billing Cycle.\n\nYou must not use, or try to use the Card for any Internet gambling transactions or\n\ntransactions that are illegal or not permitted by us. You will still be responsible or such\n\ntransactions if you do. In addition, these transactions will be subject to this Agreement, and\nyou might have to reimburse the Payment Card Network and us for all damages and\nexpenses.\n\nFrom time to time, due to circumstances beyond our control (such as system failures, fires,\nfloods, natural disasters, or other unpredictable events) our services might be unavailable.\n\n\x0cWhen this happens, you might be unable to use your Card or obtain information about your\nAccount. We will not be responsible or liable if this happens.\nYour Promise to Pay.\nYou promise to pay us all amounts due on your Account. This includes amounts where you\ndid not sign a purchase slip or other documents for the transaction. If you use your Card\n\nnumber without presenting your actual Card (including without limitation mail, telephone,\nor internet purchases), this will be treated the same way as if you used the Card in person.\nIf you let someone else use your Card, you are responsible for all transactions that person\nmakes. Your promise to pay us will apply to your estate if you die.\nStatements.\nWe will send you one Statement for all Cards on your Account unless the law does not\n\nrequire or permit us to send a Statement. Statements will be sent at the end of each Billing\nCycle when your Account has a debit or credit balance of more than $1.00, or if we have\n\ncharged any Interest Charges to your Account. Your Statement will show all transactions\nbilled to your Account during the Billing Cycle along with other important Account\ninformation.\n\nDisputed Transactions.\nYou must inspect each Statement you receive and tell us about any errors or questions you\nhave as described in the \xe2\x80\x9cBilling Rights Summary\xe2\x80\x9d part of your Statement and other Truth\nin Lending Disclosures. If you do not notify us as provided in those disclosures, we may\nassume that all information in the Statement is correct.\n\nIf you dispute a transaction made by you or someone else on your Account, and we later\ncredit your Account for all or part of the disputed amount, you give us all of your rights\nagainst that other person. You also will:\n\xe2\x80\xa2\n\n\xe2\x80\xa2\n\ngive us any merchandise or other purchases you received in connection with the\ndisputed amount if we ask;\n\nnot pursue any claim or reimbursement from the merchant and that other person;\nand\n\n\x0c\xe2\x80\xa2\n\nhelp us pursue and get reimbursement from the merchant and that other person.\n\nYour help includes giving us documents that we ask for and that are acceptable to\nus.\n\nInterest Charges and Fees.\nWe will charge Interest and Fees to your Account as disclosed to you in your Statements\n\nand other Truth in Lending Disclosures. In general, Interest Charges begin to accrue from\n\nthe day a transaction occurs. However, we will not charge you interest on any new balances\nposted to the purchase Segment of your Account provided you have paid your previous\nbalance in full by the due date.\n\nWe will treat the following Fees as purchase transactions unless otherwise specified below.\nThese Fees apply to your Account only if they are provided in your Truth in Lending\n\nDisclosures. We may increase your Interest Charges and Fees as described in the Changes\nto Your Agreement section or in your Truth in Lending Disclosures.\n\nAnnual Fee. We will not charge you the $149 Annual Fee upon account creation, but will\n\nthereafter every 12 months after the anniversary date. The amount of this Fee is listed in\nthe Pricing Information table above. This fee is nonrefundable but for each year in which\n\nyou are charged a Fee, but if you cancel your Card within 30 days after the anniversary date\nof your account creation, we will issue you a refund of the Fee for that year. Cancellations\nat any other time of the year will not result in a prorated or full refund.\n\nLate Payment Fee. We may charge you this Fee if we do not receive your payment in time\nfor us to credit it by the due date shown on your Statement.\n\nOverlimit Fee. You will not have a fee for going over your credit limit, but your credit score\nmay be adversely affected and the transaction may be declined, depending on the amount\nof the overage.\n\nReturned Payment Fee. We may charge you this Fee each time any payment you make to\n\nus is not paid by your financial institution for any reason, even if that institution later pays\nit.\n\n\x0cExpedited Payment Fee. We may charge you this Fee each time you request to make a\n\npayment over the phone. Before we charge you this fee, we will notify you of the amount\nand provide an opportunity to opt out of this service.\n\nCopying Fee. We may charge you a Fee for copies of transaction documents or Statements\nunless they are required to resolve a billing dispute.\n\nExpress Delivery Fee. We may charge you this Fee each time you request express delivery\nof any account documentation. Before we charge you this fee, we will notify you of the\namount and provide an opportunity to opt out of this service.\n\nBalance Transfer Fee. Balance Transfers are not available for your Card.\nCash Advance Fee. Cash Advance is not available for your Card.\n\nForeign Transaction Fee. We do not charge a fee for foreign transactions.\n\nTransactions Made in Foreign Currencies: If you make a transaction in a foreign\n\ncurrency, the Payment Card Network will convert it into a U.S. dollar amount. The Payment\nCard Network will use its own currency conversion procedures. The conversion rate in\n\neffect on the processing date may differ from the rate in effect on the transaction date that\nappears on your Statement. We do not adjust the currency exchange rate or charge any\ncurrency conversion Fees.\nNo Warranties.\nExcept as otherwise provided in the \xe2\x80\x9cBilling Rights Summary\xe2\x80\x9d part of your Statements, we\nare not responsible for any claim you might have regarding the purchases of goods or\nservices made with your Card.\nMerchant Refunds.\nIf you are entitled to a refund for goods or services purchased with your Card, you will\n\naccept these refunds as credits to the purchase Segment of your Account. We do not control\nwhen a merchant sends us your refund. We will also have a reasonable amount of time\nafter we receive your refund to process it.\nMinimum Payment.\nYour Statement will provide instructions for making payments, including the amounts due\n\n\x0cand the due date for receiving your payment. If applicable, your Statement will also include\na minimum payment amount. To avoid a Late Payment Fee, you must pay us at least this\nminimum payment amount by the due date provided in the Statement.\n\nYour minimum payment will equal the greater of: $15 (or your full balance if it\xe2\x80\x99s less than\n\n$15); 3% of your ending balance for the Statement; or the total amount by which you have\nexceeded your credit limit (if applicable).\n\nIn addition to the minimum payment, you may pay all or part of the total balance on your\n\nAccount. However, you must still pay at least the minimum payment amount each month,\neven if you paid greater than the minimum on the previous Statement.\n\nWe will continue to charge Interest Charges during Billing Cycles when you carry a balance\nregardless of whether your Statement includes a minimum payment that is due. If your\n\nAccount is 180 days past due, part of a bankruptcy proceeding or otherwise charges off, the\nentire balance is immediately due and payable.\nMaking Payments.\nYour payments must be in U.S. dollars from a U.S. deposit account and otherwise be\n\nacceptable to us. We do not accept cash payments. You may not make payments with funds\nfrom your Account with us.\nMailed Payments.\nYou must mail payments to us at the address provided on your Statement or as otherwise\n\ninstructed by us or our agents. We will credit it to your Account on the day we receive it, if:\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nyou send the payment coupon included with your Statement;\nin the same envelope with your payment;\n\nyou include your Account number on your payment; and\n\nyour payment arrives at the address indicated on the payment coupon in our\nprocessing center by the time indicated on your Statement.\n\nIf your due date occurs on a day on which we do not receive payments, any payment\n\nreceived the next day which conforms to the above requirements will not be treated as late.\nPlease allow at least 7 days for postal delivery. Unless we or our agents specifically instruct\nyou to remit payment in a different manner, payments received at any other location or in\n\n\x0cany other form might not be credited for up to 5 days. This might cause you to be charged\nlate payment Fees and additional Interest Charges.\nFaster Payment Services.\nWe may make services available that allow you to make faster payments through a\n\ncustomer service representative using a telephone, the internet, or other payment system.\n\nWe will describe the terms for using these services before you use them. You do not have to\nuse these other payment services, and we may charge you a Fee for using them. If we do,\nwe will tell you the amount of the Fee at the time you request the service. We are not\n\nresponsible if a payment made using our payment services is rejected or not paid. Even if it\nis, we may still keep the Fee.\n\nIf you give your Account number or other Account information to someone else to make a\npayment for you, we may provide them limited Account information necessary for the\npayment and process their payment as if you made it. We may refuse to accept any\npayment made by someone else for your Account. If we accept a payment made by\n\nsomeone else for your Account, you will be responsible for the payment made even if that\npayment is rejected or not paid.\nPayment Processing.\nWe may accept and process payments without losing any of our rights. Even if we credit\n\nyour payment to your Account, we may delay the availability of credit until we confirm that\nyour payment has cleared. We may resubmit and electronically collect returned payments.\nWe may also adjust your Account as necessary to correct errors, to process returned and\nreversed payments, and to handle similar issues.\n\nWhen you provide an Item as payment, you authorize us either to use information from\nyour Item to make a one-time electronic fund transfer from your deposit account or to\n\nprocess the payment as an Item. We will provide additional information about this process\non your Statement or other documents we send you before your payment.\n\nWhen you provide an Item as payment, it might also be converted into an electronic image\nand collected and returned electronically. These electronic images may also be converted\n\n\x0cto substitute checks. We will not be responsible if an Item you provide has physical\nfeatures that when imaged result in it not being processed as you intended.\nHow We Apply Your Payments.\nWe apply your payments to the higher Annual Percentage Rate balances before the lower\nones. In all cases, we will apply payments and credits in accordance with applicable law.\nAvailable credit created as a result of payments posted to your Account may not be\n\navailable for up to seven (7) days, or longer if circumstances warrant an additional hold, or\nif we deem ourselves at risk for any reason.\n\nItems with Restrictive Words, Conditions, or Instructions.\nOur acceptance of payments labeled \xe2\x80\x9cpayment in full\xe2\x80\x9d or restrictive words to that or any\n\nsimilar effect, will not constitute an accord and satisfaction nor a waiver of any rights we\nhave to receive a full payment on all balances due.\nCredit Balances.\nWe may reject and return to you any payment that creates a credit balance on your\n\nAccount. Any credit balance we allow will not be available until we confirm that your\npayment has cleared. We may reduce the amount of any credit balance by any new\n\namounts billed to your Account. You may contact us as provided on your Statement and\n\nrequest a refund of any available credit balance. If you contact us in writing, we will refund\nyour credit balance within 7 Business Days from our receipt of your written request.\nAccount Default.\nWe may consider you in default of your Agreement with us if:\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nyou do not make any payment when it is due;\n\nany payment you make is rejected, not paid, or cannot be processed;\nyou exceed a credit limit;\n\na bankruptcy or other insolvency proceeding is filed by or against you;\nyou die or are legally declared incompetent or incapacitated;\n\n\x0c\xe2\x80\xa2\n\n\xe2\x80\xa2\n\n\xe2\x80\xa2\n\nwe determine that you made a false, incomplete, or misleading statement on any of\nyour Account documentation or you otherwise try to defraud us;\n\nyou do not comply with any term of this Agreement or any other agreement with us;\nor\n\nyou permanently reside outside the United States.\n\nFor certain actions, including changing the rates and Fees on your Account, our options\n\nappear in our original offer materials when you opened your Account. Remember, paying\n\nthe Fees charged in connection with a default will not by itself cure the default. In addition,\nif you are in default, we may take the following actions without notifying you, unless the\nlaw says that we must notify you:\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\n\xe2\x80\xa2\n\nclose or suspend your Account;\nlower your credit limits;\n\nincrease your minimum payment;\n\ndemand that you immediately pay the entire balances owing on your Account;\n\ncontinue to charge you Interest Charges and Fees as long as your balances remain\noutstanding; and/or\n\npursue any other action against you that the law allows, which includes the filing of\na lawsuit against you.\n\nYou must pay us all of our collection expenses, attorneys\xe2\x80\x99 fees, and court costs unless the\nlaw does not allow us to collect these amounts.\nCommunications.\nWe and/or our service providers may contact you from time to time regarding your\n\nAccount. We may contact you in any manner we choose unless the law says that we cannot.\nFor example, we may:\n\xe2\x80\xa2\n\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\ncontact you by mail, telephone, email, fax, recorded message, text message, or\npersonal visit;\n\ncontact you using an automated dialing or similar device (\xe2\x80\x9cAutodialer\xe2\x80\x9d);\ncontact you at your home and at your place of employment;\ncontact you by social media;\n\ncontact you on your mobile telephone;\n\n\x0c\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\n\xe2\x80\xa2\n\ncontact you at any time, including weekends and holidays;\ncontact you with any frequency;\n\nleave prerecorded and other messages on your answering machine/service and\nwith others; and\n\nidentify ourselves, your relationship with us, and our purpose for contacting you\neven if others might hear or read it.\n\nOur contacts with you about your Account are not unsolicited and might result from\n\ninformation we obtain from you or others. We may monitor or record any conversation or\n\nother communication with you. Unless the law says we cannot, we may modify or suppress\ncaller ID and similar services and identify ourselves on these services in any manner we\n\nchoose. When you give us or we obtain your mobile telephone number, we may contact you\nat this number using an Autodialer and can also leave prerecorded and other messages. We\nmay do these things whether we contact you or you contact us.\n\nIf you ask us to discuss your Account with someone else, you must provide us with\ndocuments that we ask for and that are acceptable to us.\nCredit Reports.\nWe may provide information about you and the Account to consumer (credit) reporting\nagencies and others as provided in our Privacy Notices. Information we provide might\n\nappear on your credit reports. This could include negative information if you do not comply\nwith the terms of this Agreement. We may obtain and use credit and income information\nabout you from consumer (credit) reporting agencies and others as the law allows.\nClosing or Suspending Your Account.\nArizona, California, Idaho, Louisiana, New Mexico, Nevada, Texas, Washington, and\nWisconsin Residents: Either you or your spouse may ask us close your Account at any\ntime by calling us at 1800 630-6056 or by calling or writing us as described on your\n\nStatement. Your Statement will provide additional information about this process, and\nwe may also separately provide you with additional details after your request. This\nmight include payment information.\n\n\x0cAll Cardholders: You may ask us to close your Account at any time by calling us at 1800\n630-6056 or by calling or writing to us as described on your Statement. Your Statement\n\nwill provide additional information about this process and we may also separately\n\nprovide you with additional details after your request. This might include payment\ninformation.\n\nTermination of your Account will not affect your obligation to pay the Account balance\n\nplus any finance and other charges you or your spouse owe under this Agreement. Your\n\nobligation to pay the Account balance plus any finance and other charges you owe under\nthis Agreement are subject to all applicable laws and regulations regarding repayment\nrequirements. The Card you receive remain our property and you must recover and\n\nsurrender to us all Cards upon request or upon termination of this Agreement. If you use\nyour Card or charges post to your Account after you ask us to close it, we may keep it\nopen or reopen it.\n\nWe may close or suspend your Account and your right to obtain credit from us. We may do\nthis at any time and for any reason permitted by law, even if you are not in default on your\naccount with us. A suspension of your Account might be permanent or temporary.\n\nIf your Account is closed or suspended for any reason, you must stop using your Card. You\nmust also cancel all billing arrangements to the Account. We will not do this for you. If we\n\nclose or permanently suspend your Account, you must also destroy all Cards. You must still\npay us all amounts you owe on the Account, even if they are charged after your Account is\nclosed or suspended.\n\nLost or Stolen Card.\nYou will take reasonable steps to prevent the unauthorized use of your Card and Account. If\nyour Card is lost or stolen or if someone else might be using it without your permission,\nyou must tell us at once. You may tell us by calling the telephone number on the back of\n\nyour Card or on your Statement or by writing us at the address on your Statement. You will\nnot be responsible for charges made to your Account that are found by us to be\n\nunauthorized. If we reimburse your Account for unauthorized charges made using your\n\n\x0cCard, you will help us investigate, pursue, and get reimbursement from the wrongdoer.\nYour help includes giving us documents that we ask for and that are acceptable to us.\nYour Representations and Warranties.\n\nBy accepting this Cardholder Agreement, and by activating, using, or authorizing the use\n\nof your Card, you represent and warrant to us that: (i) you are at least 18 years of age (or\nthat you have reached the age of majority if you reside in a state where the age of\n\nmajority is 19 years or older); (ii) the personal information that you provide to us in\n\nconnection with the Card is true, correct and complete; (iii) you received a copy of this\n\nCardholder Agreement and agree to be bound by and comply with its terms; and (iv) that\nyou accept the Card.\n\nChanges to Your Agreement.\nAt any time, we may add, delete, or change any term of this Agreement unless the law\n\nprohibits us from doing so. We will give you notice of any changes as required by law. If we\ndo notify you of changes, we will send you a separate notice or inform you on your\n\nStatement. We may send this notice to you electronically as permitted by law. Our notice\n\nwill tell you when and how the changes will take effect and describe any rights you have in\nconnection with the changes.\n\nIf we increase your Fees or other terms of your Account we will notify you in writing and\ninform you of your options in advance, including the right to opt out of some of these\nchanges.\n\nIf your payment is not received within 60 days after the payment due date, we may\n\nincrease your Interest Charges and Fees for existing balances and new transactions at any\ntime. We may change any other terms of your Account at any time.\nThe Law that Applies to Your Agreement.\nThe issuer of your Card is Celtic Bank, a Utah-Chartered Industrial Bank, Member FDIC. In\naccepting a Grand Reserve World Mastercard, you agree to the following provisions: (1)\nThis Agreement (including your account and services related to this account) will be\n\ninterpreted by the laws of the state of Utah. This means that the laws of the state of Utah\n\n\x0cwill govern any dispute arising from or relating to this Agreement. Federal law will also be\n\nused when it applies. (2) You waive any applicable statute of limitations as the law allows.\nOtherwise, the applicable statute of limitations period for all provisions and purposes\nunder this Agreement (including the right to collect debt) will be the longer period\n\nprovided by Utah law or the law in the jurisdiction where you live. (3) Regarding venue,\n\nyou agree to submit to the jurisdiction of the state of Utah and federal courts in and for Salt\nLake City and Salt Lake County, Utah. This means that any dispute, action or proceeding\nrelating to this Agreement will be brought in the Federal District Court of Utah or state\ncourt in the county of Salt Lake City. (4) See applicable Arbitration Provision below.\n\nAccordingly, it is important that you read the provisions of this section, the Arbitration\n\nProvision below, and the entire Agreement carefully. If any part of this Agreement is found\nto be unenforceable, the remaining parts will remain in effect.\nWAIVER OF JURY TRIAL\n\nUnless prohibited by applicable law, if you sign this Agreement, you waive your right to\nhave a jury trial to resolve any Claim (defined below in the Arbitration Provision) you\nmay have against us, our service providers, our respective affiliates, or a related third\n\nparty. This Waiver of Jury Trial provision does not apply to you if, at the time of entering\n\ninto this Agreement, you are a resident of Arkansas or a member of the armed forces or a\ndependent of such a member covered by the Federal Military Lending Act.\nCLASS ACTION WAIVER\nUnless prohibited by applicable law, if you sign this Agreement, you waive your right to\n\nask a court or an arbitrator to allow you to pursue any Claims on a class action basis or in\na representative capacity on behalf of the general public, other borrowers or other\n\npersons similarly situated. Furthermore, Claims brought by you against us or by us\nagainst you may not be joined or consolidated with claims brought by or against\n\nsomeone other than you, unless otherwise agreed to in writing by all parties. For\n\npurposes of this Class Action Waiver, the terms \xe2\x80\x9cwe,\xe2\x80\x9d \xe2\x80\x9cus\xe2\x80\x9d and \xe2\x80\x9cour\xe2\x80\x9d shall also include\n\n\x0cCeltic Bank and each of its employees, directors, officers, shareholders, governors,\nmanagers, members, parent companies, affiliated entities, successors or assignees\n\n(including but not limited to Deserve, Inc.), the servicer of your Card and any third party\nwho is named as a co-defendant with us in a claim asserted by you. In the event of a\nconflict between this CLASS ACTION WAIVER provision and the ARBITRATION\n\nPROVISION, the ARBITRATION PROVISION shall control. This CLASS ACTION WAIVER\ndoes not apply to you if, at the time of entering into this Agreement, you are a Covered\nBorrower under the Military Lending Act.\nARBITRATION PROVISION\nArbitration is a process in which persons with a dispute(s): (a) agree to submit their\n\ndispute(s) to a neutral third person (an "arbitrator") for a decision; and (b) waive their\nrights to file a lawsuit in court to resolve their dispute(s). Each party to the dispute(s)\nhas an opportunity to present some evidence to the arbitrator. Pre-arbitration\n\ndiscovery may be limited. Arbitration proceedings are private and less formal than\ncourt trials. The arbitrator will issue a final and binding decision resolving the\n\ndispute(s), which may be enforced as a court judgment. A court rarely overturns an\narbitrator\'s decision.\n\nTHIS ARBITRATION PROVISION APPLIES UNLESS (1) YOU HAVE EXERCISED OR\nEXERCISE YOUR RIGHT TO REJECT ARBITRATION OR (2) AS OF THE DATE OF THIS\nAGREEMENT, YOU ARE A MEMBER OF THE ARMED FORCES OR A DEPENDENT OF\nSUCH MEMBER COVERED BY THE FEDERAL MILITARY LENDING ACT. IF YOU WOULD\nLIKE MORE INFORMATION ABOUT WHETHER YOU ARE COVERED BY THE MILITARY\nLENDING ACT, IN WHICH CASE THIS ARBITRATION PROVISION DOES NOT APPLY TO\nYOU, PLEASE CONTACT US AT 1-800-316-7258.\n\n\x0cREAD THIS ARBITRATION PROVISION CAREFULLY AS IT WILL HAVE A\nSUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH\nOTHER ARE RESOLVED.\nYOU HAVE THE RIGHT TO OPT-OUT OF (NOT BE BOUND BY) THIS\nARBITRATION PROVISION AS DESCRIBED BELOW. IF YOU DO NOT DO SO:\na. YOU ARE WAIVING YOUR RIGHT TO HAVE A JURY OR A COURT,\nOTHER THAN A SMALL CLAIMS COURT OR SIMILAR COURT OF\nLIMITED JURISDICTION, RESOLVE ANY CLAIM THAT IS SUBJECT TO\nARBITRATION; and\nb. YOU ARE WAIVING YOUR RIGHT TO SERVE AS A REPRESENTATIVE,\nAS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER\nREPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A\nMEMBER OF A CLASS OF CLAIMANTS, IN COURT OR IN ARBITRATION\nWITH RESPECT TO ANY CLAIM THAT IS SUBJECT TO ARBITRATION.\nTHEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:\nInterstate Commerce\nThis Arbitration Provision is made pursuant to a transaction involving interstate\n\ncommerce and shall be governed by the Federal Arbitration Act (\xe2\x80\x9cFAA\xe2\x80\x9d), 9 U.S.C. \xc2\xa7 1 et seq.,\nand not by any state arbitration law.\nScope\nFor purposes of this Arbitration Provision, the word \xe2\x80\x9cClaim\xe2\x80\x9d has the broadest possible\n\nmeaning and includes, without limitation (a) all federal or state law claims, disputes or\n\ncontroversies, whether preexisting, present or future, arising from or relating directly or\nindirectly to this Agreement, the relationship between you and us, the information you\n\ngave us before entering into this Agreement, including your application, and/or any past\nagreement or agreements between you and us, any loan or credit product or related\n\n\x0cproduct or services obtained from us and any advice, recommendations, solicitations,\n\ncommunications, disclosures, promotions or advertisements concerning the same; (b) all\ninitial claims, counterclaims, cross-claims and third-party claims and claims which arose\n\nbefore the effective date of this Arbitration Provision; (c) all common law claims based\n\nupon contract, tort, fraud, or other intentional torts; (d) all claims based upon a violation\nof any local, state or federal constitution, statute, ordinance or regulation, including\n\nwithout limitation all claims alleging unfair, deceptive or unconscionable trade practices;\n(e) all claims asserted by us against you, including claims for money damages to collect\nany sum we claim you owe us; (f) all claims asserted by you individually against us\n\nand/or any of our employees, directors, officers, shareholders, governors, managers,\n\nmembers, parent company or affiliated entities, or assignees (including but not limited\n\nto Deserve, Inc.) or against the servicer of your Card (hereinafter collectively referred to\nas "related third parties"), including claims for money damages, restitution and/or\nequitable or injunctive relief; (g) claims asserted by you against other persons and\n\nentities if you assert a Claim against such other persons and entities in connection with a\nClaim you assert against us or related third parties; and (h) all data breach or privacy\nclaims arising from or relating directly or indirectly to the disclosure by us or related\nthird parties of any non-public personal information about you. Notwithstanding the\nforegoing, the word \xe2\x80\x9cClaim\xe2\x80\x9d does not include any dispute or controversy about the\nvalidity, enforceability, coverage or scope of this Arbitration Provision or any part\n\nthereof (including, without limitation, the provision titled "Class Action Waiver" set forth\nbelow, subparts A and B of the provision titled "Binding Effect; Survival; Severability" set\nforth below and/or this sentence); all such disputes or controversies are for a court and\nnot an arbitrator to decide. However, any dispute or controversy that concerns the\n\nvalidity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to\ndecide. In addition, this Arbitration Provision will not apply to (1) any individual action\n\nbrought by you in small claims court or your state\xe2\x80\x99s equivalent court, unless such action\n\nis transferred, removed, or appealed to a different court; or (2) any disputes that are the\nsubject of a class action filed in court that is pending as of the effective date of this\n\nArbitration Provision in which you are alleged to be a member of the putative class for as\nlong as such class action is pending.\n\n\x0cClass Action Waiver\nNotwithstanding any other provision of this Arbitration Provision, if either you or\nwe elect to arbitrate a Claim, neither you nor we will have the right: (a) to\nparticipate in a class action, private attorney general action or other\nrepresentative action in court or in arbitration, either as a class representative or\nclass member, or (b) to join or consolidate Claims with Claims of any other\npersons. (Provided, however, that the Class Action Waiver does not apply to any\nlawsuit or administrative proceeding filed against us by a state or federal\ngovernment agency even when such agency is seeking relief on behalf of a class of\nborrowers including you. This means that we will not have the right to compel\narbitration of any claims brought by such an agency). An award in arbitration shall\ndetermine the rights and obligations of the named parties only, and only with\nrespect to the Claim(s) in arbitration, and shall not (i) determine the rights,\nobligations, or interests of anyone other than a named party, or resolve any Claim\nof anyone other than a named party; nor (ii) make an award for the benefit of, or\nagainst, anyone other than a named party. No arbitration administrator or\narbitrator shall have the power or authority to waive, modify, or fail to enforce this\nsection, and any attempt to do so, whether by rule, policy, arbitration decision or\notherwise, shall be invalid and unenforceable. Any challenge to the validity of this\nClass Action Waiver shall be determined exclusively by a court and not by the\nadministrator or any arbitrator.\nElecting Arbitration\nA party may elect arbitration of a Claim by sending the other party written notice by\n\ncertified mail return receipt requested of their intent to arbitrate and setting forth the\n\nsubject of the dispute along with the relief requested. Your notice must be sent to Celtic\nBank, 268 South State Street, #300, Salt Lake City, Utah 84111, and our notice must\nbe sent to the most recent address for you in our files. If a lawsuit concerning the Claim\nhas been filed, such notice can be provided by papers filed in the lawsuit, such as a\nmotion to compel arbitration.\n\n\x0cAdministrator\nRegardless of who demands arbitration, you shall have the right to select either of the\nfollowing arbitration organizations to administer the arbitration: the American\n\nArbitration Association, 120 Broadway, Floor 21, New York, NY 10271 (1-800-778-7879),\n\nhttp://www.adr.org; or JAMS, 8401 N. Central Expressway, Suite 610, Dallas, TX 75225\n(1- 800-352-5267), http://jamsadr.com. However, the parties may agree to a local\n\narbitrator who is an attorney, retired judge, or arbitrator registered and in good standing\nwith a bona fide arbitration association and arbitrate pursuant to the arbitrator\xe2\x80\x99s rules. If\nthe AAA and JAMS are unable or unwilling to serve as administrator, or the parties are\n\nunable to agree upon another administrator, a court with jurisdiction shall determine the\nadministrator or arbitrator. The arbitration hearing will take place at a location\nreasonably convenient to where you reside.\n\nIf you demand arbitration, you must inform us in your demand of the arbitration\n\norganization you have selected or whether you desire to select a local arbitrator. If\n\nrelated third parties or we demand arbitration, you must notify us within 20 days in\nwriting by certified mail, return receipt requested, of your decision to select an\n\narbitration organization or your desire to select a local arbitrator. Your notice must be\n\nsent to Celtic Bank, 268 South State Street, #300, Salt Lake City, Utah 84111. If you\nfail to notify us, then we have the right to select an arbitration organization. The\n\narbitration will be governed by the rules and procedures of this arbitration organization\napplicable to individual consumer disputes. You may get a copy of the rules and\n\nprocedures by contacting the arbitration organization listed above. In an event of a\n\nconflict between the provisions of the Arbitration Provision, on the one hand, and any\n\napplicable rules of the AAA or JAMS or other administrator used or any other terms of\nthis Agreement, on the other hand, the provisions of this Arbitration Provision shall\n\ncontrol. If a party files a lawsuit in court asserting Claim(s) that are subject to arbitration\nand the other party files a motion to compel arbitration with the court which is granted,\nit will be the responsibility of the party prosecuting the Claim(s) to select an arbitration\nadministrator in accordance with this paragraph and commence the arbitration\n\n\x0cproceeding in accordance with the administrator\xe2\x80\x99s rules and procedures.\nNon-Waiver\nEven if all parties have opted to litigate a Claim in court, you or we may elect arbitration\nwith respect to any Claim made by a new party or any Claim later asserted by a party in\nthat or any related or unrelated lawsuit (including a Claim initially asserted on an\n\nindividual basis but modified to be asserted on a class, representative or multi-party\nbasis). Nothing in that litigation shall constitute a waiver of any rights under this\n\nArbitration Provision. For example, if we file a lawsuit against you in court to recover\n\namounts due under the Agreement, you have the right to request arbitration, but if you\ndo not elect to request arbitration, we reserve and do not waive the right to request\n\narbitration of any Claim (including any counterclaim) you later assert against us in that\nor any related or unrelated lawsuit. This Arbitration Provision will apply to all Claims,\n\neven if the facts and circumstances giving rise to the Claims existed before the effective\ndate of this Arbitration Provision.\nArbitrator and Award\nAny arbitrator must be a practicing attorney with ten or more years of experience or a\n\nretired judge. The arbitrator will not be bound by judicial rules of procedure or evidence\nthat would apply in a court, nor by state or local laws that relate to arbitration\n\nproceedings. The arbitrator will apply the same statutes of limitations and privileges that\na court would apply if the matter were pending in court. The arbitrator may decide, with\nor without a hearing, any motion that is substantially similar to a motion to dismiss for\nfailure to state a claim or a motion for summary judgment. In determining liability or\n\nawarding damages or other relief, the arbitrator will follow the applicable substantive\n\nlaw, consistent with the FAA, which would apply if the matter had been brought in court.\nThe arbitrator may award any damages or other relief or remedies that would apply\nunder applicable law to an individual action brought in court, including, without\n\nlimitation, punitive damages (which shall be governed by the Constitutional standards\nemployed by the courts) and injunctive, equitable and declaratory relief (but only in\n\nfavor of the individual party seeking relief and only to the extent necessary to provide\n\n\x0crelief warranted by that party\xe2\x80\x99s individual claim).\n\nNo arbitration award involving the parties will have any preclusive effect as to issues\nor claims in any dispute involving anyone who is not a party to the arbitration, nor\nwill an arbitration award in prior disputes involving other parties have preclusive\neffect in an arbitration between the parties to this Arbitration Provision.\nFees and Costs\nAt your written request, we will pay all filing, hearing and/or other fees charged by the\nadministrator and arbitrator to you for Claim(s) asserted by you in an individual\n\narbitration after you have paid an amount equivalent to the fee, if any, for filing such\n\nClaim(s) in state or federal court (whichever is less) in the judicial district in which you\nreside. (If you have already paid a filing fee for asserting the Claim(s) in court, you will\n\nnot be required to pay that amount again). We will not seek reimbursement of such fees\nfrom you even if we prevail in the arbitration. In addition, the administrator may have a\nprocedure whereby you can seek a waiver of fees charged to you by the administrator\n\nand arbitrator. We will always pay any fees or expenses that we are required to pay by\nlaw or the administrator\xe2\x80\x99s rules or that we are required to pay for this Arbitration\n\nProvision to be enforced. The arbitrator will have the authority to award fees and costs\nof attorneys, witnesses and experts to the extent permitted by this Agreement, the\n\nadministrator\xe2\x80\x99s rules or applicable law. With respect to Claim(s) asserted by you in an\nindividual arbitration, we will pay your reasonable attorney, witness and expert fees\n\nand costs if and to the extent you prevail, if applicable law requires us to or if we must\nbear such fees and costs in order for this Arbitration Provision to be enforced. At the\ntimely request of either party, the arbitrator shall write a brief explanation of the\ngrounds for the decision.\n\nAppeal\nThe arbitrator\xe2\x80\x99s award shall be final and binding on all parties, except for any right of\n\nappeal provided by the FAA. However, if the amount in controversy exceeds $50,000, and\nif permitted by the Administrator\xe2\x80\x99s rules, you or we can, within 14 days after the entry of\nthe award by the arbitrator, appeal the award to a three-arbitrator panel administered\n\n\x0cby the Administrator. The panel shall reconsider anew any aspect of the initial award\nrequested by the appealing party. The decision of the panel shall be by majority vote.\nReference in this Arbitration Provision to \xe2\x80\x9cthe arbitrator\xe2\x80\x9d shall mean the panel if an\n\nappeal of the arbitrator\xe2\x80\x99s decision has been taken. The costs of such an appeal will be\n\nborne in accordance with the paragraph above titled \xe2\x80\x9cFees and Costs.\xe2\x80\x9d Any final decision\n\nof the appeal is subject to judicial review only as provided under the FAA. A judgment on\nthe award may be entered by any court having jurisdiction.\nNotice and Cure; Special Payment\nPrior to initiating a Claim, you may send us a written Claim Notice. In order for a Claim\nNotice to be valid and effective, it must: (a) state your name, address and Account\nnumber;\n\n(b) be signed by you; (c) describe the basis of your Claim and the amount you would\naccept to resolve the Claim; (d) state that you are exercising your rights under the\n\xe2\x80\x9cNotice and Cure\xe2\x80\x9d paragraph of the Arbitration Provision; and (e) be sent to us by\n\ncertified mail, return receipt requested, at Celtic Bank, Attn: General Counsel, 268\n\nSouth State Street, #300, Salt Lake City, Utah 84111. This is the sole and only method\nby which you can submit a Claim Notice. Upon receipt of a Claim Notice, we will credit\n\nyou for the standard cost of a certified letter. You must give us a reasonable opportunity,\n\nnot less than 30 days, to resolve the Claim. If, and only if, (i) you submit a Claim Notice in\naccordance with this paragraph on your own behalf (and not on behalf of any other\n\nparty); (ii) you cooperate with us by promptly providing the information we reasonably\nrequest; (iii) we refuse to provide you with the relief you request before an arbitrator is\nappointed; and (iv) the matter then proceeds to arbitration and the arbitrator\n\nsubsequently determines that you were entitled to such relief (or greater relief), you will\n\nbe entitled to a minimum award of at least $7,500 (not including any arbitration fees and\nattorneys\xe2\x80\x99 fees and costs to which you will also be entitled). We encourage you to\naddress all Claims you have in a single Claim Notice and/or a single arbitration.\n\nAccordingly, this $7,500 minimum award is a single award that applies to all Claims you\nhave asserted or could have asserted in the arbitration, and multiple awards of $7,500\nare not contemplated.\n\n\x0cBinding Effect; Survival; Severability\nThis Arbitration Provision is binding upon and benefits you, your respective heirs,\n\nsuccessors and assigns. The Arbitration Provision is binding upon and benefits us, our\nsuccessors and assigns, and related third parties. The Arbitration Provision shall\n\nsurvive any bankruptcy to the extent consistent with applicable bankruptcy law. The\nArbitration Provision survives any termination, amendment, expiration or\n\nperformance of this Agreement and any transaction between you and us and continues\nin full force and effect unless you and we otherwise agree in writing. If any part of this\nArbitration Provision is deemed or found to be unenforceable for any reason, the\nremainder shall be enforceable, except as follows:\n\na. The parties to this Arbitration Provision acknowledge that the provision titled\n\n"Class Action Waiver" is material and essential to the arbitration of any disputes\nbetween the parties and is non-severable from this Arbitration Provision. If the\n\nClass Action Waiver is limited, voided or found unenforceable, then the parties\'\nArbitration Provision (except for this sentence) shall be null and void with\nrespect to such proceeding, subject to the right to appeal the limitation or\n\ninvalidation of the Class Action Waiver. The parties acknowledge and agree that\nunder no circumstances will a class action be arbitrated.\n\nb. If a Claim is brought seeking public injunctive relief and a court determines that\nthe restrictions in the provision titled "Class Action Waiver" prohibiting the\n\narbitrator from awarding relief on behalf of third parties are unenforceable with\nrespect to\n\nsuch Claim (and that determination becomes final after all appeals have been\n\nexhausted), the Claim for public injunctive relief will be determined in court and\n\nany individual Claims seeking monetary relief will be arbitrated. In such a case the\nparties will request that the court stay the Claim for public injunctive relief until\n\nthe arbitration award pertaining to individual relief has been entered in court. In\nno event will a Claim for public injunctive relief be arbitrated.\nOpt-Out Process\n\n\x0cYou may choose to opt out of this Arbitration Provision but only by following the process\nset forth below. If you do not wish to be subject to this Arbitration Provision, then you\n\nmust notify us in writing postmarked within sixty (60) calendar days of the date of this\nAgreement at the following address: Celtic Bank, 268 South State Street, #300, Salt\n\nLake City, Utah 84111. Your notice must be sent to us by certified mail, return receipt\n\nrequested. Upon receipt of an Opt-Out Notice, we will credit you for the standard cost of\na certified letter. Your Opt-Out Notice must include your name, address, Social Security\nnumber, the date of this Agreement, a statement that you wish to opt out of the\n\nArbitration Provision and must not be sent with any other correspondence. Indicating\nyour desire to opt out of this Arbitration Provision will not affect your other rights or\nresponsibilities under this Agreement and applies only to this Arbitration Provision\nbetween you and us.\n\nMilitary Lending Act Disclosure.\nFederal law provides important protections to members of the Armed Forces and their\ndependents relating to extensions of consumer credit. In general, the cost of consumer\ncredit to a member of the Armed Forces and his or her dependent may not exceed an\n\nannual percentage rate of 36 percent. This rate must include, as applicable to the credit\ntransaction or account: The costs associated with credit insurance premiums; fees for\nancillary products sold in connection with the credit transaction; any application fee\ncharged (other than certain application fees for specified credit transactions or\n\naccounts); and any participation fee charged (other than certain participation fees for a\ncredit card account). To be provided with an oral disclosure of this information, please\ncall toll-free 1-800-316-7258.\nWaiver.\nWe, our agents, assigns, successors, service providers, and the respective affiliates will\nnot lose any of our rights if we delay taking any action for any reason or if we do not\n\nnotify you. For example, we may waive your Interest Charges or Fees without notifying\n\nyou and without losing our right to charge them in the future. We may always enforce\n\nour rights later and may take other actions not listed in this Agreement if the law allows\n\n\x0cthem. You do not have to receive notice from us of any waiver, delay, demand or\ndishonor. We may proceed against you before proceeding against someone else.\nAssignment.\nThis Agreement will be binding on, and benefit, any of your and our successors and\n\nassigns. You may not transfer your Account or your Agreement to someone else without\nour written permission.\n\nWe may transfer your Account and this Agreement to another company or person\nwithout your permission and without prior notice to you. They will take our place\n\nunder this Agreement. You must pay them and perform all of your obligations to them\n\nand not us. If you pay us after you are informed or learn that we have transferred your\nAccount or this Agreement, we can handle your payment in any way we think is\nreasonable.\n\nThis includes returning the payment to you or forwarding the payment to the\nother company or person. We reserve the right to use third party service\n\nproviders to perform any activity we are permitted or obligated to perform\n\nunder this Cardholder Agreement, to the extent permitted by applicable law.\nGlossary.\nAccount means your Card Account with us.\n\nAnnual Percentage Rate, or APR, is the percentage you are charged annually for the debt\nthat you accrue.\n\nBilling Cycle means a period of time that might vary in length but is approximately 30\n\ndays. The specific period of time is described on each Statement. However, you will have a\nBilling Cycle even if a Statement is not required.\n\nWe will often specify a Billing Cycle by the month in which its closing date occurs as\n\nprovided on the Statement. For example, a \xe2\x80\x9cMarch Billing Cycle\xe2\x80\x9d will have a closing date in\n\nMarch. We may also refer to a Billing Cycle as a \xe2\x80\x9cBilling Period.\xe2\x80\x9d If your Account balance has\ncharged off, we may switch to quarterly Billing Cycles to your Account.\n\n\x0cBusiness Day means any day our offices are open for the processing of payments and\ncredits.\n\nCard means any Card associated with your Account, which includes all renewals and\n\nsubstitutions. It also means any other access device for your Account we give you that\nallows you to obtain credit.\n\nCredit means an accounting entry that decreases a liability; in this case, your outstanding\nbalance with Deserve.\n\nCredit Limit means the amount of credit extended to you.\nDaily Periodic Rate, is calculated at 1/365 of your APR.\n\nFees means conditional charges imposed on your Account that are not based on the Annual\nPercentage Rates.\n\nInterest Charges means any charges to your Account based on the application of Annual\nPercentage Rates.\n\nItem means a check, draft, money order, or other negotiable instrument you use to pay\nyour Account. This includes any image of these instruments.\n\nPayment Card Network means MasterCard International Incorporated, or any other\nnetwork provider displayed on the Card.\n\nSegments means the different parts of your Account we may establish that are subject to\nunique pricing, grace periods, or other terms. We create these parts of your Account for\nsuch things as your purchases and Special Transfers.\n\nSpecial Transfer means a Transfer posted to the Special Transfer Segment of your Account\nand not to your purchase Segment.\n\nStatement means a document or information we provide to you showing Account\n\ninformation including, among other things, transactions made to your Account during a\n\nBilling Cycle. We might also refer to your Statement as a \xe2\x80\x9cPeriodic Statement\xe2\x80\x9d or a \xe2\x80\x9cBilling\nStatement.\xe2\x80\x9d\n\nTransfers means balances transferred from other Accounts to this Account and includes\nBalance Transfers and Special Transfers.\n\nTruth in Lending Disclosure means any Account information we provide to you that is\nrequired by the federal Truth in Lending Act and Regulation Z. These include your\n\n\x0capplication and solicitation disclosures, Account opening disclosures, subsequent\ndisclosures, Statements, and change in terms notices.\n\nYOUR BILLING RIGHTS\nYOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR FUTURE USE\nThis notice tells you about your rights and our responsibilities under the Fair Credit Billing\nAct.\n\nWHAT TO DO IF YOU FIND A MISTAKE ON YOUR STATEMENT\nIf you think there is an error on your statement, write to us at:\nDeserve, Inc.\nPO Box 57780\nMurray, UT 84157-0780\n\nIn your correspondence, give us the following information:\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nAccount information: Your name and account number.\n\nDollar amount: The dollar amount of the suspected error.\n\nDescription of problem: If you think there is an error on your bill, describe what you\nbelieve is wrong and why you believe it is a mistake.\n\nYou must contact us:\n\xe2\x80\xa2\n\xe2\x80\xa2\n\n\xe2\x80\xa2\n\nWithin 60 days after the error appeared on your statement.\n\nAt least 3 business days before an automated payment is scheduled, if you want to\nstop payment on the amount you think is wrong.\n\nYou must notify us of any potential errors in writing. You may call us, but if you do\n\nwe are not required to investigate any potential errors and you may have to pay the\namount in question.\n\nWHAT WILL HAPPEN AFTER WE RECEIVE YOUR LETTER\nWhen we receive your letter, we must do two things:\n\n1. Within 30 days of receiving your letter, we must tell you that we received your\nletter. We will also tell you if we have already corrected the error.\n\n\x0c2. Within 90 days of receiving your letter, we must either correct the error or explain\nto you why we believe the bill is correct.\n\nWhile we investigate whether or not there has been an error:\n\xe2\x80\xa2\n\n\xe2\x80\xa2\n\n\xe2\x80\xa2\n\n\xe2\x80\xa2\n\nWe cannot try to collect the amount in question, or report you as delinquent on that\namount.\n\nThe charge in question may remain on your statement, and we may continue to\ncharge you interest on that amount.\n\nWhile you do not have to pay the amount in question, you are responsible for the\nremainder of your balance.\n\nWe can apply any unpaid amount against your credit limit.\n\nAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2\n\n\xe2\x80\xa2\n\nIf we made a mistake: You will not have to pay the amount in question or any\ninterest or other fees related to that amount.\n\nIf we do not believe there was a mistake: You will have to pay the amount in\n\nquestion, along with applicable interest and fees. We will send you a statement of\nthe amount you owe and the date payment is due. We may then report you as\ndelinquent if you do not pay the amount we think you owe.\n\nIf you receive our explanation but still believe your bill is wrong, you must write to us\n\nwithin 10 days telling us that you still refuse to pay. If you do so, we cannot report you as\n\ndelinquent without also reporting that you are questioning your bill. We must tell you the\nname of anyone to whom we reported you as delinquent, and we must let those\norganizations know when the matter has been settled between us.\n\nIf we do not follow all of the rules above, you do not have to pay the first $50 of the amount\nyou question even if your bill is correct.\n\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\ncard and you have tried in good faith to correct the problem with the merchant, you may\nhave the right not to pay the remaining amount due on the purchase.\nTo exert this right, all of the following must be true:\n\n\x0c\xe2\x80\xa2\n\nThe purchase must have been made in your home state or within 100 miles of your\ncurrent mailing address, and the purchase price must have been more than $50.\n(Note: Neither of these are necessary if your purchase was based on\n\nan advertisement we mailed to you, or if we own the company that sold you the\n\xe2\x80\xa2\n\ngoods or services.)\n\nYou must have used your credit card for the purchase. Purchases made with cash\n\nadvances from an ATM or with a check that accesses your credit card account do\n\nnot qualify. Deserve does not offer cash advances, ATM access, or credit card access\n\n\xe2\x80\xa2\n\nchecks.\n\nYou must not yet have fully paid for the purchase.\n\nIf all of the criteria above are met and you are still dissatisfied with the purchase, contact us\nin writing at:\n\nGrand Reserve World Mastercard\nc/o Deserve, Inc.\nPO Box 57780\nMurray, UT 84157-0780\n\nWhile we investigate, the same rules apply to the disputed amount as discussed above.\n\nAfter we finish our investigation, we will tell you our decision. At that point, if we think you\nowe an amount and you do not pay, we may report you as delinquent.\nADDITIONAL DISCLOSURES\nCalifornia Residents. If you are married, you may apply for a separate account in your\nown name. As required by law, you are hereby notified that a negative credit reporting\n\nreflecting on your credit record may be submitted to a credit reporting agency if you fail\nto fulfill the terms of your credit obligations. After credit approval, each applicant shall\nhave the right to use the credit card account up to the limit of the account.\n\nDelaware Residents. Charges not in excess of those permitted by law will be charged on\nthe outstanding balances from month to month.\n\nIowa Residents. IMPORTANT: READ BEFORE SIGNING. The terms of this Cardholder\n\nAgreement should be read carefully because only those terms in writing are enforceable.\n\n\x0cNo other terms or oral promises not contained in this written Cardholder Agreement\n\nmay be legally enforced. You may change the terms of this Cardholder Agreement only by\nanother written agreement.\n\nKentucky Residents. You may pay the unpaid balance of your account in whole or in\npart at any time.\n\nMaryland Residents. Finance charges will be imposed on the credit account in amounts\nor at rates not in excess of those permitted by law.\n\nMassachusetts Residents. Massachusetts law prohibits discrimination on the basis of\n\nrace, color, religious creed, national origin, sex, gender identity, marital status, or sexual\norientation.\n\nNew Hampshire Residents. If you prevail in any action, suit or proceeding we bring or\nin an action you bring in connection with this Cardholder Agreement, reasonable\n\nattorneys\xe2\x80\x99 fees shall be awarded to you. If you successfully assert a pertinent defense, set\n\noff, recoupment or counterclaim to an action brought by us, the court may withhold from\nus the entire amount or such portion of the attorneys\xe2\x80\x99 fees as the court deems\nappropriate.\n\nNew Jersey Residents. (1) The section headings of this Cardholder Agreement are a\n\ntable of contents and not contract terms. (2) You agree to pay our reasonable attorney\'s\nfees, up to 20% of outstanding principal and interest, paid in the collection of this\n\naccount to an attorney who is not our employee. (3) Provisions of this Cardholder\nAgreement that refer to acts or practices that apply as permitted by, or except as\n\nprohibited by, applicable law are applicable to New Jersey residents only to the extent\nthat such acts or practices are permitted by New Jersey or Federal law.\n\nOhio Residents. The Ohio laws against discrimination require that all creditors make\n\ncredit equally available to all credit worthy customers, and that credit reporting agencies\nmaintain separate credit histories on each individual upon request. The Ohio Civil Rights\nCommission administers compliance with this law.\n\n\x0cUtah Residents: As required by Utah law, you are hereby notified that a negative credit\nreport reflecting on your credit record may be submitted to a credit reporting agency if\nyou fail to fulfill the terms of your credit obligations.\n\nVermont, Rhode Island and New York Residents: You understand and agree that we\n\nmay obtain a consumer credit report in connection with any updates, renewals or\n\nextensions of any credit as a result of your application and card membership. If you ask,\nyou will be informed whether or not such a report was obtained and, if so, the name and\n\naddress of the agency that furnished the report. You also understand and agree that we\n\nmay obtain a consumer credit report in connection with the review or collection of any\n\nextension of credit made to you or for other legitimate purposes related to such extension\nof credit.\n\nMarried Wisconsin Residents: If you are married: (i) you confirm that this Account is being\nincurred in the interest of your marriage or family; (ii) no provision of any marital property\nagreement, unilateral agreement, or court decree under the Wisconsin Marital Property Act\nwill adversely affect a creditor\'s interest unless, before the time credit is granted, the creditor\nis furnished a copy of that agreement or decree or has actual knowledge of the adverse\n\nprovision when the obligation to the creditor is incurred; (iii) you understand and agree that\n\nwe will provide a copy of this Agreement to your spouse for his or her information. You must\n\nnotify us if you have a spouse by sending your name and your spouse\'s name and address to\nus at PO Box 57780, Murray, UT, 84157-0780.\n\nAll Residents: You promise us that you are not planning to file bankruptcy at the time of\nyour application for your Account.\n\nGrand Reserve\xe2\x84\xa2 World Mastercard\xc2\xae, Grand Reserve\xe2\x84\xa2 and Grand Reserve Rewards\xe2\x84\xa2 are\nthe property of Vertical Finance, Inc.\xe2\x84\xa2\n\n\x0c'


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