b"IMPORTANT INFORMATION\nENCLOSED\n\xe2\x80\xa2 Pricing Information\n\xe2\x80\xa2 Customer Agreement\n\xe2\x80\xa2 Privacy Notices\n\nV 02/2020\n\n\x0cWebBank\nYAMAHA CREDIT CARD ACCOUNT\nPRICING INFORMATION\n\nInterest Rates and Interest Charges\nAnnual Percentage 15.99% - 23.99% based on your creditRate (APR) for\nworthiness. See your Important Disclosure\nPurchases\nInsert for the APR that applies to your Account.\nYour due date is at least 25 days after the close of\neach Billing Cycle. We will not charge you interest on Regular Credit Plan purchases if you pay\nPaying Interest\nyour entire Regular Credit Plan balance and the\nMinimum Payment due on all Promotional Credit\nPlans by the due date each month. We will begin\ncharging interest, if any, on Promotional Credit\nPlan purchases on the transaction date.\nMinimum Interest\nIf you are charged interest, the charge will be no\nCharge\nless than $2.00.\nFor Credit Card\nTo learn more about factors to consider\nTips from the\nwhen applying for or using a credit card,\nConsumer Financial visit the website of the Consumer Financial\nProtection Bureau\nProtection Bureau at\nhttp://www.consumerfinance.gov/learnmore.\nFees\nAnnual Fee\nNone.\nPenalty Fees\n\xe2\x80\xa2 Late Payment\n\nUp to $38.\n\n\xe2\x80\xa2 Returned Payment\n\nUp to $27.\n\nHow We Calculate Your Balance. We use a method called \xe2\x80\x9caverage daily\nbalance (excluding new Regular Credit Plan purchases).\xe2\x80\x9d If your Account is\nsubject to a grace period during the billing cycle, payments made during that\nbilling cycle will be subtracted from your daily balances during that cycle. For\nadditional information, see the \xe2\x80\x9cInterest Charges\xe2\x80\x9d section of the Agreement.\nSecurity Interest. We take a security interest in the goods you purchase\nwith your Card.\ni\n\n\x0cBilling Rights. Information on your rights to dispute transactions and how\nto exercise those rights is provided in the \xe2\x80\x9cYour Billing Rights\xe2\x80\x9d section of\nthis Agreement.\nThe above APRs were in effect on January 1, 2018. If you are approved,\nyou will receive an Important Disclosures Insert that includes the APR that\napplies to your Account. To find out any changes before applying, contact\nus at P.O. Box 84240, Sioux Falls, SD 57118 or 1-877-327-7310.\nARBITRATION\nThis WebBank Yamaha Credit Card Account Customer Agreement\ncontains an Arbitration Provision. The Arbitration Provision is\ncontained in Section 36. Please read the Arbitration Provision carefully.\nUnless you send us the rejection notice described in the Arbitration\nProvision, the Arbitration Provision will apply to you.\nIMPORTANT INFORMATION\nABOUT PROCEDURES FOR OPENING A NEW ACCOUNT\nTo help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify,\nand record information that identifies each person who opens an account.\nWhat this means for you: When you open an account, we will ask for your\nname, address, date of birth, and other information that will allow us to\nidentify you. We may also ask to see your driver\xe2\x80\x99s license or other identifying documents.\nIMPORTANT INFORMATION ABOUT CREDIT REPORTING\nWe may report information about your Account to credit bureaus. Late\npayments, missed payments, or other defaults on your Account may be\nreflected in your credit report.\nSTATE-SPECIFIC INFORMATION\nNOTICE FOR CALIFORNIA RESIDENTS: Applicants may, after credit\napproval, use the credit card account up to its credit limit and be liable for\namounts extended under the plan to any joint applicant. If you are married,\nyou may apply for credit in your own name.\nii\n\n\x0cNOTICE FOR OHIO RESIDENTS: Ohio anti-discrimination laws require\ncreditors to make credit equally available to all creditworthy customers and\nthat credit reporting agencies maintain separate credit histories on individuals\nupon request. The Ohio Civil Rights Commission administers these laws.\nNOTICE FOR NEW YORK AND VERMONT RESIDENTS:\nWebBank may obtain at any time your credit reports, for any legitimate\npurpose associated with the account or the application or request for an\naccount, including but not limited to reviewing, modifying, renewing and\ncollecting on your account. On your request, you will be informed if such a\nreport was ordered. If so, you will be given the name and address of the\nconsumer reporting agency furnishing the report.\nNOTICE FOR NEW YORK RESIDENTS: New York residents may\ncontact the New York State Department of Financial Services by telephone\nor visit its website for free information on comparative credit card rates,\nfees and grace periods. New York State Department of Financial Services:\n1-877-226-5697 or http://www.dfs.ny.gov.\nNOTICE FOR MARRIED WISCONSIN RESIDENTS: No provision\nof any marital agreement, unilateral statement, or court order applying to\nmarital property will adversely affect a creditor\xe2\x80\x99s interests unless prior to\nthe time credit is granted, the creditor is furnished with a copy of the agreement, statement or court order, or has actual knowledge of the provision. If\nyou are married, by submitting your credit card application you are confirming that this credit card obligation is being incurred in the interest of your\nmarriage and your family. If the credit card for which you are applying is\ngranted, you will notify the Bank if you have a spouse who needs to receive\nnotification that credit has been extended to you.\nNOTICE FOR DELAWARE RESIDENTS: Service charges not in excess of those permitted by law will be charged on the outstanding balances\nfrom month to month.\nPROGRAM TERMS: By applying for this Account issued by WebBank\nyou understand that you may not be approved if:\n\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nYou provide only a P.O. Box and not a street address.\nThe application is missing required information, or the information\nyou provide cannot be verified.\niii\n\n\x0c\xe2\x80\xa2\n\xe2\x80\xa2\n\nYour address is outside the United States.\n\n\xe2\x80\xa2\n\nYou do not have a valid Social Security Number or Individual Taxpayer Identification Number.\n\nYou are under 18 or under the age of majority in any state where\nthe age of majority is higher than 18.\n\nAll credit is granted and all Accounts are owned by WebBank.\nThis Account is subject to approval by WebBank .\n\niv\n\n\x0cWebBank\nYAMAHA CREDIT CARD ACCOUNT\nCUSTOMER AGREEMENT\nSECTION 1.\n\nABOUT THE CREDIT CARD AGREEMENT.\n\nThis WebBank Yamaha Credit Card Account Customer Agreement\n(\xe2\x80\x9cAgreement\xe2\x80\x9d) is between you and WebBank, a Utah-chartered, FDIC insured\nbank having its principal office at 215 S. State Street, Suite 1000, Salt Lake\nCity, UT 84111. There are two parts to this Agreement: WebBank Yamaha\nCredit Card Account Pricing Information including your Important Disclosure\nInsert and the WebBank Yamaha Credit Card Account Customer Agreement.\nWebBank will open an Account and issue a Card(s) that may only be used at\ndealers participating in the Yamaha Motor Finance Corporation U.S.A.\n(\xe2\x80\x9cYamaha\xe2\x80\x9d) financing programs and Yamaha or Yamaha affiliates\xe2\x80\x99 e-commerce\nwebsites to purchase goods and services. By opening your Account, signing\nyour Card or using your Account, you agree to the terms of the Agreement with\nWebBank including any changes, amendments or supplements to it.\nSECTION 2.\n\nDEFINITIONS.\n\nThe meanings of the capitalized terms used in the Agreement appear\nin the \xe2\x80\x9cGlossary\xe2\x80\x9d (Section 35 of this Agreement).\nAs used here, \xe2\x80\x9cyou\xe2\x80\x9d and \xe2\x80\x9cyour\xe2\x80\x9d mean each applicant and co-applicant\napproved on the Account; any person responsible for paying the Account; any\nAuthorized User; and any person responsible for complying with this\nAgreement. \xe2\x80\x9cWe,\xe2\x80\x9d \xe2\x80\x9cus,\xe2\x80\x9d \xe2\x80\x9cour,\xe2\x80\x9d and \xe2\x80\x9cWebBank\xe2\x80\x9d mean WebBank.\nSECTION 3.\n\nACCOUNT DOCUMENTS.\n\nThe following documents govern your Account with us:\n1.\n\nthis Agreement;\n\n2.\n\nall Statements;\n\n3.\n\nany Privacy Notices;\n\n4.\nall disclosures and materials provided to you before\nor when you opened your Account;\n5.\nany other documents and disclosures relating to your\nAccount, such as those provided during the application process at\nthe dealer and when you use your Account including those regarding\nPromotional Credit Plans; and\n1\n\n\x0c6.\n\nany future changes we make to any of the above.\n\nPlease read all of these carefully and keep them for future reference.\nSECTION 4.\n\nACCOUNT INFORMATION.\n\nWe need information about you to approve and manage your Account. This\nincludes the information requested on your application. You agree to tell us\nwhen this information changes and respond to our requests for information\nor additional documents to verify any information. Wemay restrict or close\nyour Account if we cannot verify your information, or if you do not provide\nit as requested.\nSECTION 5.\n\nUSE AND SHARING OF INFORMATION ABOUT YOU.\n\nWhen you applied for an Account, you gave us, Yamaha and our/their\naffiliates information about yourself that we could share with each other.\nYamaha and its affiliates will use the information in connection with the\ncredit program and for things like creating and updating its records and\noffering you special benefits. More information about how we use and share\ninformation is set forth in the Privacy Notices for your Account which you\nreceive with your application package.\nSECTION 6.\n\nCREDIT LIMITS\n\nWhen you open your Account, we will tell you your credit limit.\nThis will also appear on your Statement. We may also refer to your credit\nlimit as your credit line.\nYou are responsible for keeping track of your balance and your\navailable credit. You must manage your Account to remain below your\ncredit limit. We may honor transactions above your credit limit, but if we do\nthese transactions will not increase your credit limit. You are responsible for\npaying for any transaction you make above your credit limit.\nWe may also increase, decrease, restrict or cancel your credit limit\nat any time in accordance with applicable law. This will not affect your\nobligation to pay us.\nSECTION 7.\n\nUSING YOUR ACCOUNT\n\n1.\nThis Agreement applies whether or not you use your Card or\nAccount. It will continue to apply even after your Account is closed,\nas long as you have a balance.\n2\n\n\x0c2.\n\nYou must sign the Card immediately when you receive it.\n\n3.\n\nYou must return the Card to us or destroy it if we ask you to.\n\n4.\nYou must take reasonable steps to prevent the unauthorized\nuse of your Card and Account.\n5.\nWe may decline to authorize a transaction for any reason.\nThis may occur even if the transaction would not cause you to go over\nyour credit limit or your Account is not in default.\n6.\nWe are not responsible for any losses you incur if we do not\nauthorize a transaction.\n7.\nWe are not responsible for any losses you incur if anyone\nrefuses to accept your Card for any reason.\n8.\nYou must not use, or try to use, the Card for any illegal activity. You are responsible for any charges if you do.\n9.\nWe are not liable for any losses that may result when our\nservices are unavailable due to reasons beyond our control.\nSECTION 8.\n\nPROMOTIONAL CREDIT PLANS.\n\nFrom time to time, we may offer one or more Promotional Credit\nPlans for certain transactions prior to or at the time of your purchase. The\nterms of this Agreement apply to Promotional Credit Plans. However, the\nterms of the promotional offer and the special Promotional Credit Plan may\nbe different from the standard terms of your Account and will be explained\nin other materials and disclosures provided to you at the time you make your\npurchase. In general, Interest Charges for Promotional Credit Plans begin to\naccrue from the date of the promotional purchase until paid in full, and there\nis no grace period to avoid Interest Charges on Promotional Credit Plans.\nYou accept the promotional terms of those materials and disclosures when\nyou make the purchase. Only certain purchases may be eligible for\nPromotional Credit Plans. The amount of your credit limit available for\nPromotional Credit Plans may be limited. Offers are subject to credit\napproval. These plans may have special interest terms, special repayment\nterms (including minimum payments) and a limited or specified promotion\nperiod when the special promotional terms apply. Unless otherwise specified\nwith respect to a Promotional Credit Plan, upon termination or expiration\nof the promotion period your Promotional Credit Plan terms will end and\nall Regular Credit Plan terms will apply. Regular purchases that are not\nsubject to Promotional Credit Plan terms are part of your Regular Credit\nPlan. Special Promotional Credit Plans are not available at all times for all\npurchases. Please see any special promotional materials or disclosures for\nadditional terms that will apply to the promotion offered.\n3\n\n\x0cSECTION 9.\n\nSECURITY INTEREST.\n\nAs security for the payment of your Account balance, you grant us\na purchase money security interest (\xe2\x80\x9cSecurity Interest\xe2\x80\x9d) in the following\nitems financed using your Account:\n1.\n\nany goods you buy using your Account; and\n\n2.\nall insurance contracts and proceeds, returned\npremiums, mechanical failure and extended service contracts, and\nrefunds of charges for mechanical failure and extended service contracts.\nEach good you buy using your Account:\n1.\nsecures your entire Account balance and any other\namounts owed under this Agreement; and\n2.\nmay be taken from you if you do not pay on time or\nare otherwise in default as described in the \xe2\x80\x9cAccount Default\xe2\x80\x9d\nsection of this Agreement.\nTo decide when a good is paid in full and no longer subject to a\nSecurity Interest, your payments will be applied as described in the \xe2\x80\x9cHow\nWe Apply Your Payments\xe2\x80\x9d section of this Agreement. Once you have fully\npaid for any good, we will release our Security Interest in that good.\nIf we take or attempt to take possession of any good, we may charge\nyou our costs and may require you to make the good available at a\nconvenient place of our choice as allowed by law. Our costs may be related to:\n1.\n\nattempting to or repossessing the good;\n\n2.\n\nrepairing the good;\n\n3.\n\nstoring the good;\n\n4.\n\nselling the good; or\n\n5.\n\nany other costs allowed by law.\n\nSECTION 10. JOINT ACCOUNTS.\n\nIf this is a joint account, each of you is responsible individually and\ntogether for all amounts owed. Each of you is responsible even if the\nAccount is used by only one of you. You will continue to be liable for the\nentire balance of the Account, even if your joint accountholder is ordered by\na court to pay us. Your Account status will be reported to the credit bureau\nunder each of your names. We will send a Statement to a single name and\n4\n\n\x0caddress. The delivery of notices or Statements to either of you serves as\ndelivery to each of you. We may rely on instructions given by either of you.\nWe are not liable to either of you for relying upon such instructions.\nSECTION 11. AUTHORIZED USERS.\n\nIf you ask us to issue a Card to any person other than a joint account\nholder, they are an Authorized User. We may require certain information about\nthem and you should let them know that you are sharing their information with\nus. We may limit their ability to use your Card. They may have access to\ncertain information about your Account. You will be responsible for their use\nof the Account and anyone else they allow to use your Account, even if you\ndid not want, or agree to, that use. We may report information about your\nAuthorized User(s) to consumer reporting agencies. See the \xe2\x80\x9cCredit Reports\xe2\x80\x9d\nsection of this Agreement.\nSECTION 12. REMOVING AN AUTHORIZED USER.\n\nIf you want to remove an Authorized User from your Account, you\nmust contact Customer Service at 1-877-327-7310 and request their removal.\nYou also must immediately destroy all Cards in their possession and cancel\nany arrangements they may have set up on your Account. They will be able\nto use your Account until you have notified us that you are removing them\nfrom your Account. During this time, you will still be responsible for all\namounts they charge to your Account. You will be responsible even if these\namounts do not appear on your Account until later.\nSECTION 13. YOU PROMISE TO PAY.\n\nYou promise to pay us all amounts due on your Account. This\nincludes amounts where you did not sign a purchase slip or other documents\nfor the transaction. We will treat transactions made without presenting your\nCard (such as for mail, telephone, Internet, or mobile device purchases) the\nsame as if you used the Card in person. If you let someone else use your\nCard or Account, you are responsible for all transactions that person makes.\nSECTION 14. STATEMENTS.\n\nWe will send or make available to you one Statement for your\nAccount at the end of each Billing Cycle. You must notify us at P.O. Box\n84240, Sioux Falls, SD 57118 or 1-877-327-7310 of a change in your address.\nUnder certain circumstances, the law may not require us to send or make\navailable to you a Statement, or may prohibit us from doing so. In such\ncircumstances, we may continue to add interest and fees as permitted by law.\n5\n\n\x0cSECTION 15. DISPUTED TRANSACTIONS.\n\nYou should inspect each Statement you receive and tell us about any\nerrors or questions you have, as described in the \xe2\x80\x9cBilling Rights Summary\xe2\x80\x9d\non your Statement and in this Agreement.\nIf we credit your Account for all or part of a disputed transaction,\nyou give us all of your rights against others regarding that transaction. You\nwill also:\n1. give us any information about the disputed transaction, if we ask;\n2. not pursue (or cease your current pursuit of) any claim or\nreimbursement of the transaction amount from the merchant or any\nother person; and\n3. help us get reimbursement from others.\nSECTION 16. NO WARRANTIES.\n\nWe are not responsible for any claim you may have regarding the\npurchase of goods or services made with your Card beyond your rights\ndescribed in the \xe2\x80\x9cBilling Rights Summary\xe2\x80\x9d on your Statement and in this\nAgreement.\nSECTION 17. LOST OR STOLEN CARD.\n\nIf your Card is lost or stolen or if you think someone else may be\nusing your Card or Account without your permission, you must contact us at\n1-877-327-7310 immediately. You will not be responsible for transactions\non your Account that we find are unauthorized.\nIf we reimburse you for unauthorized transactions, you will help us\ninvestigate, pursue and get reimbursement from the wrongdoer. Your help\nincludes giving us documents in a form that we request.\nSECTION 18. INTEREST CHARGES.\n\nWe use a method called Average Daily Balance (excluding new\nRegular Credit Plan purchases) to calculate the Interest Charges.\n1. First, for each day in the Billing Cycle for each Credit Plan, we take the\nbeginning balance (excluding any accrued Interest Charges not posted\nto the Account), add any new charges and Fees and subtract any\npayments and credits for each Credit Plan as described in the \xe2\x80\x9cHow We\nApply Your Payments\xe2\x80\x9d Section of this Agreement. The result is the\ndaily balance for each Credit Plan.\n6\n\n\x0c2. Next, for each Credit Plan, we add the daily balances together and\ndivide the sum by the number of days in the Billing Cycle. The result\nis the Average Daily Balance for each Credit Plan.\n3. At the end of each Billing Cycle, we multiply your Average Daily\nBalance for each Credit Plan by the daily periodic rate for that Credit\nPlan, and then we multiply the result by the number of days in the Billing\nCycle.\n4. We add the Interest Charges for all Credit Plans together. The result is\nyour total Interest Charge for the Billing Cycle.\nFor purposes of the above calculations, accrued Interest Charges are\nadded (posted) to the daily balance of each Credit Plan on the last day of the\nBilling Cycle. Fees are added to the Regular Credit Plan as part of the daily\nbalance on the day they are posted to the Account. A Late Payment Fee is\ntreated as a new Regular Credit Plan purchase in the Billing Cycle it is\nassessed. For Regular Credit Plan purchases, new purchases become part of\nthe Account balance on the transaction date, but when we calculate daily\nbalances for the purpose of computing Interest Charges, we do not add any\nnew purchases made during the Billing Cycle until the first day of the new\nBilling Cycle following the date of the purchase. Due to rounding or a minimum Interest Charge, this calculation may vary slightly from the Interest\nCharge actually assessed.\nThe daily periodic rate that is used to determine your Interest Charges\nfor each Credit Plan is 1/365th of your Annual Percentage Rate (APR) for\neach such Credit Plan.\nWe will charge the Interest Charges and Fees to your Account as\ndisclosed in your Important Disclosure Insert, promotional material for\nPromotional Credit Plans and your Statement. If you paid your Regular\nCredit Plan balance in full and you made the Minimum Payment due on\nyour Promotional Credit Plans by the due date on your prior Statement, then\n(1) if you again pay your Regular Credit Plan balance in full and you make\nthe Minimum Payment due on your Promotional Credit Plans by the due\ndate on your current Statement, we will not charge you any new Interest\nCharges on new purchases made under your Regular Credit Plan during the\ncurrent Billing Cycle, and (2) if you pay at least your Mini- mum Payment\ndue for the current Billing Cycle but less than the amount described in\nclause (1), we will treat your payment as if it was made on the first day of\nthe current Billing Cycle when we calculate your Interest Charges on new\npurchases made under your Regular Credit Plan.\nIn general, unless otherwise indicated in promotional terms, Interest Charges for Promotional Credit Plan purchases begin to accrue from\n7\n\n\x0cthe date of the purchase until paid in full, and there is no grace period to\navoid Interest Charges on Promotional Credit Plans.\nWe may increase your Interest Charges and Fees as described in the\n\xe2\x80\x9cChanges to Your Agreement\xe2\x80\x9d section of this Agreement.\nIf we charge you interest, the charge will be no less than $2 and will\nbe allocated among all Credit Plan balances that accrue interest at our\ndiscretion.\nSECTION 19. LATE PAYMENT FEE.\nWe may charge you this Fee if we do not receive at least your Minimum Payment as instructed on your Statement by the payment due date.\n\nLate Payment Fee\nOutstanding Balance on\n- first time your\npayment is late.\nPayment Due Date\nUp to and including $100\n$15\nMore than $100.00\n$27\n\nLate Payment Fee\n- if another payment\nis late during the\n6 Billing Cycles after\nany late payment.\n$15\n$38\n\nSECTION 20. INTEREST CHARGES.\n\nWe may charge you a Fee of up to $27 when your financial\ninstitution rejects a payment you make to us for any reason. We will only\ncharge you one Returned Payment Fee, even if we submit that payment\nmore than once to your financial institution for payment.\nSECTION 21. MINIMUM PAYMENT.\n\nYou must pay at least the Minimum Payment due by the payment\ndue date each month. The Minimum Payment for your Account includes the\nminimum payment on each Credit Plan, including any Promotional Credit\nPlan with a special minimum payment calculation and your Regular Credit Plan.\nTo determine the total Minimum Payment due, we add together the\nfollowing: a) your Regular Credit Plan Minimum Payment, which is equal\nto the greater of (i) $25 or (ii) 1% of the total of your Regular Credit Plan\npurchases balance plus any billed Interest Charges; and b) the Minimum\nPayment for each Promotional Credit Plan purchase balance using the previously disclosed special repayment terms provided to you when you made\nyour purchase (if applicable), rounded to the next highest dollar, and c) late\npayment fees and other fees and charges, and d) any past due amount for\nany Credit Plan. We then round this total to the next highest dollar.\n8\n\n\x0cYour Statement will tell you:\n1. the Minimum Payment due,\n2. your new balance,\n3. the payment due date, and\n4. an explanation of when the payment must reach us for us to\nconsider it received as of that date.\nReturns and other credits to your Account will reduce your Account\nbalance, but they will not change your Minimum Payment amount.\nIf your Account is 120 days past due, is part of a bankruptcy\nproceeding, or is otherwise charged off, the total balance is immediately due\nand payable.\nSECTION 22. MAKING PAYMENTS.\n\nYour payment must be made in U.S. dollars from a U.S. deposit\naccount in a form acceptable to us. We do not accept any payments at dealer\nlocations or cash payments.\nYou may not make payments with funds from your Account or any\nother credit account with us. You must send mailed payments to us as\ninstructed on your Statement, unless we tell you otherwise.\nYou must mail all payment items (such as checks) (\xe2\x80\x9cItem(s)\xe2\x80\x9d)\nbearing restrictive words, conditions, limitations, or special instructions to:\nP.O. Box 84240, Sioux Falls, SD 57118. This includes Items marked \xe2\x80\x9cPaid\nin Full\xe2\x80\x9d or similar language. This also includes all accompanying\ncommunications. If you make such a payment or send any accompanying\ncommunications to any other address, we may reject it and return it to you.\nWe may also accept it and process it without losing any of our rights.\nSECTION 23. OTHER PAYMENT SERVICES.\n\nWe may make services available that allow you to make faster or\nrecurring payments online or by telephone. We will describe the terms for\nusing these services and any applicable Fee before you use them. You do\nnot have to use these other payment services.\nWe are not responsible if your financial institution rejects a payment\nmade using our payment services.\n9\n\n\x0cIf you ask someone else to make a payment for you, we may provide\nthat person with limited Account information necessary to set up and\nprocess that payment. We may also refuse to accept that payment. If we do\naccept it, you will be responsible for that payment even if a financial\ninstitution rejects it.\nSECTION 24.\n\nPAYMENT PROCESSING.\n\nWe may accept and process payments without losing any of our\nrights. We may delay the availability of credit until we confirm that your\npayment has cleared. This may happen even if we credit your payment to\nyour Account. We may resubmit and collect returned payments\nelectronically. If necessary, we may adjust your Account to correct errors,\nprocess returned and reversed payments, and handle similar issues.\nWhen you send us an Item as payment, you authorize us to make a\nonetime electronic funds transfer from your deposit account. We may\nwithdraw the funds from your deposit account as early as the same day we\nreceive your payment. You will not receive your Item back from your bank.\nWe will provide additional information about this process on your\nStatement.\nWe may use the information from an Item to create an electronic\nimage. We may collect and return the image electronically. This electronic\nimage may also be converted to a substitute check and may be processed in\nthe same way we would process an Item. We are not responsible if an Item\nyou provide has physical features that, when imaged, result in it not being\nprocessed as you intended.\nSECTION 25.\n\nHOW WE APPLY YOUR PAYMENTS.\n\nIn each Billing Cycle, we generally apply payments up to your\nMinimum Payment amount to satisfy the Minimum Payment due on each\nCredit Plan, first to the highest APR Credit Plan balance and then to Credit\nPlan balances with lower APRs. We apply any part of your payment\nexceeding your Minimum Payment amount to the Credit Plan balance with\nthe highest APR, and then to Credit Plan balances with lower APRs. We do\nthis based on the APRs in effect and balances owed on the day your preceding\nBilling Cycle ended. If more than one Credit Plan balance has the same APR,\nwe will apply the payment to the oldest Credit Plan balance first.\nSECTION 26.\n\nCREDIT BALANCES.\n\nWe may reject and return any payment that creates or adds to a\n10\n\n\x0ccredit balance on your Account. Any credit balance we allow will not be\navailable until we confirm that your payment has cleared. We may reduce\nthe amount of any credit balance by any new charges. You may write to the\naddress provided on your Statement or call us at 1-877-327-7310 to request\na refund of any available credit balance.\nSECTION 27.\n\nACCOUNT DEFAULT.\n\nYou will be in default if:\n1.\n\nyou do not make any payment when it is due;\n\n2.\nany payment you make is rejected, not paid or cannot\nbe processed;\n3.\nyou file or become the subject of a bankruptcy or\ninsolvency proceeding;\n4.\nyou are unable or unwilling to repay your\nobligations, including upon death or legally declared incapacity;\n5.\nwe determine that you made a false, incomplete or\nmisleading statement to us, or you otherwise tried to defraud us; or\n6.\nyou do not comply with any term of this Agreement\nor any other agreement with us.\nIf you are in default, we may take certain actions with respect to\nyour Account. For example, depending on the default, we may take the\nfollowing actions, without notifying you, unless the law says that we must\ngive you notice:\n1.\n\ncharge you Fees, as permitted under the Agreement;\n\n2.\nif so disclosed under a Promotional Credit Plan,\nterminate the special promotional terms and apply the terms that\napply to Regular Credit Plan purchases including changes to your\nAPR and Minimum Payments;\n3.\n\nclose or suspend your Account;\n\n4.\n\nlower your credit limit(s);\n\n5.\ndemand that you immediately pay the total balance\nowing on your Account including all promotional balances;\n6.\nexercise our rights as a secured party, including\ntaking possession of any goods which remain subject to our Security\nInterest (as provided in the \xe2\x80\x9cSecurity Interest\xe2\x80\x9d section of this\n11\n\n\x0cAgreement), when allowed by law;\n7.\ncontinue to charge you Interest Charges and Fees as\nlong as your balance remains outstanding; and/or\n8.\nfile a lawsuit against you or pursue another action that\nis not prohibited by law. If we file a lawsuit, you agree to pay our\ncourt costs, expenses and attorney fees, unless the law does not\nallow us to collect these amounts.\nSECTION 28.\n\nCOMMUNICATIONS.\n\nYou agree that we may contact you at any phone number, email\naddress or mailing address you provide to us, including mobile devices. You\nagree that from time to time we may monitor and record telephone calls made\nor received by us or our agents regarding your Account to assure the quality\nof our service. In order for us to service the Account or to collect any\namounts you may owe, and subject to applicable law, you agree that we may\nfrom time to time make calls and send text messages to you using\nprerecorded/artificial voice messages or through the use of an automatic\ndialing device at any telephone number you provide to us in connection with\nyour Account at any time, including a mobile telephone number that could\nresult in charges to you.\nSECTION 29.\n\nCREDIT REPORTS.\n\nWe may report information about your Account, including about you\nand any Authorized Users, to credit bureaus and others. Late payments,\nmissed payments, or other defaults on your Account may be reflected in\nyour credit report. Information we provide may appear on your credit report.\nIf you believe that we have reported inaccurate information about\nyour Account to a credit bureau or other consumer reporting agency, notify\nus in writing at P.O. Box 84240, Sioux Falls, SD 57118. When you write,\ntell us the specific information that you believe is incorrect and why you\nbelieve it is incorrect. We will research the issue and let you know if we\nagree or disagree with you. If we agree, we will contact each consumer\nreporting agency we reported to and request a correction.\nWe may obtain and use credit, income and other information about\nyou from credit bureaus and others as the law allows.\n\n12\n\n\x0cSECTION 30.\n\nCLOSING OR SUSPENDING YOUR ACCOUNT.\n\nYou may contact us at 1-877-327-7310 to ask us to close your Account.\nWe may close or suspend your Account at any time and for any\nreason permitted by law, even if you are not in default.\nIf your Account is closed or suspended by either you or us for any\nreason, you must stop using your Card. If we close or permanently suspend\nyour Account, you must return or destroy all Cards. You must still pay us all\namounts you owe on the Account, including any amounts that post to your\nAccount after it is closed or suspended.\nSECTION 31.\n\nCHANGES TO YOUR AGREEMENT.\n\nAt any time, we may add, delete or change any term of this\nAgreement, unless the law prohibits us from doing so. We will give you\nnotice of any changes as required by law. We may notify you of changes on\nyour Statement or in a separate notice. Our notice will tell you when and\nhow the changes will take effect. The notice will describe any rights you\nhave in connection with the changes. If we increase your APR for any\nreason, or if we change your Fees or other terms of your Account, we will\nnotify you as required by law.\nSECTION 32.\n\nTHE LAW THAT APPLIES TO YOUR AGREEMENT.\n\nWe make decisions to grant credit and issue you a Card from our\noffices in Utah. This Agreement is governed by applicable federal law and\nby Utah law. If any part of this Agreement is unenforceable, the remaining\nparts will remain in effect.\nSECTION 33. WAIVER.\n\nWe will not lose any of our rights if we delay or choose not to take\nany action for any reason. We may waive our right without notifying you.\nFor example, we may waive your Interest Charges or Fees without notifying\nyou and without losing our right to charge them in the future.\nSECTION 34.\n\nASSIGNMENT.\n\nThis Agreement will be binding on, and benefit, any of your and our\nsuccessors and assigns. You may not sell, assign or transfer your Account\nor this Agreement to someone else without our written permission.\n13\n\n\x0cWe may sell, assign or transfer your Account and this Agreement\nincluding the receivables associated therewith and any of the rights and\nbenefits of this Agreement without your permission and without prior notice\nto you. Any assignee or assignees will take our place under this Agreement.\nYou must pay them and perform all of your obligations to them and not us.\nIf you pay us after we notify you that we have transferred your Account or\nthis Agreement, we can return the payment to you, forward the payment to\nthe assignee, or handle it in another way that is reasonable.\nWe may also engage agents, authorized representatives, and other\nservice providers, all of which may act for us under this Agreement and rely\non the rights given to us under this Agreement.\nSECTION 35.\n\nGLOSSARY.\n\n\xe2\x80\x9cAccount\xe2\x80\x9d means your Yamaha Credit Card Account with\nWebBank.\n\xe2\x80\x9cAnnual Percentage Rate\xe2\x80\x9d means your interest rate stated as a\nyearly rate.\n\xe2\x80\x9cBilling Cycle\xe2\x80\x9d means the period of time reflected on a Statement.\nThis period may vary in length, but is approximately 30 days. You will have\na Billing Cycle even if a Statement is not required. We will often specify a\nBilling Cycle by the month in which its closing date occurs. For example, a\n\xe2\x80\x9cMarch Billing Cycle\xe2\x80\x9d will have a closing date in March. We may also refer\nto a Billing Cycle as a \xe2\x80\x9cBilling Period.\xe2\x80\x9d If your Account balance has charged\noff, we may switch to quarterly Billing Cycles for your Account.\n\xe2\x80\x9cCard\xe2\x80\x9d means any WebBank credit card associated with your\nAccount. This includes all renewals and substitutions. It also means any\nother access device for your Account we give you that allows you to obtain\ncredit, including any Account number.\n\xe2\x80\x9cCredit Plans\xe2\x80\x9d mean the Promotional Credit Plans we offer from\ntime to time and the Regular Credit Plan that applies to your purchases. The\nsum of your Credit Plan balances equals your total Account balance.\n\xe2\x80\x9cFees\xe2\x80\x9d mean charges imposed on your Account not based on the\nAnnual Percentage Rates.\n\xe2\x80\x9cInterest Charges\xe2\x80\x9d mean any charges to your Account based on the\napplication of Annual Percentage Rates.\n\xe2\x80\x9cItem\xe2\x80\x9d means a check, draft, money order or other negotiable\n14\n\n\x0cinstrument you use to pay your Account. This includes any image of these\ninstruments.\n\xe2\x80\x9cMinimum Payment\xe2\x80\x9d is the total of the minimum payments required\nfor each Credit Plan and at least this amount must be paid by the payment\ndue date indicated on your Statement.\n\xe2\x80\x9cPromotional Credit Plans\xe2\x80\x9d are different parts of your Account we\nmay establish for purchases that are subject to special interest rates (APRs),\npricing, repayment or other terms.\n\xe2\x80\x9cRegular Credit Plan\xe2\x80\x9d means the interest rate (APR), pricing,\nrepayment terms and other terms included in this Agreement for purchases\nthat are not made under Promotional Credit Plans.\n\xe2\x80\x9cStatement\xe2\x80\x9d means a document showing important Account\ninformation, including all transactions billed to your Account during a\nBilling Cycle and information about what you must pay. We may also refer\nto your Statement as a \xe2\x80\x9cPeriodic Statement\xe2\x80\x9d or a \xe2\x80\x9cBilling Statement.\xe2\x80\x9d\nSECTION 36.\n\nARBITRATION.\n\nRESOLUTION OF DISPUTES: THIS ARBITRATION PROVISION\nLIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN\nYOU AND US AND OTHERS. YOU HAVE THE RIGHT TO REJECT\nTHIS PROVISION AS PROVIDED IN PARAGRAPH (b) BELOW.\na. Either you or we may, at your or our sole election, require\nthat the sole and exclusive forum and remedy for resolution of\na Claim\nbe final and binding arbitration pursuant to this section (the \xe2\x80\x9cArbitration\nProvision\xe2\x80\x9d), unless you opt out as provided in section (b) below. Yamaha\n(including its affiliates and dealers), or any subsequent holder of this\nAgreement or any interest in your Account or any subsequent purchaser,\nholder or assignee of any receivables arising under your Account (collectively,\n\xe2\x80\x9csubsequent holder\xe2\x80\x9d), may also elect arbitration of any Claim as provided in\nthis Arbitration Provision. As used in this Arbitration Provision, \xe2\x80\x9cClaim\xe2\x80\x9d shall\ninclude any past, present, or future claim, dispute, or controversy involving you\n(or persons claiming through or connected with you), on the one hand, and us\nand/or Yamaha and/or any subsequent holder (or persons claiming through or\nconnected with us and/or Yamaha and/or the subsequent holders), on the other\nhand, relating to or arising out of your application for and origination of this\nAccount, this Agreement, your Account, or the relationship between you and\nus, including (except to the extent provided otherwise in the last sentence of\n15\n\n\x0csection (f) below) the validity or enforceability of this Arbitration Provision,\nany part thereof, or the entire Agreement. Claims are subject to arbitration\nregardless of whether they arise from contract; tort (intentional or otherwise); a\nconstitution, statute, common law, or principles of equity; or otherwise. Claims\ninclude matters arising as initial claims, counter-claims, cross-claims, thirdparty claims, or otherwise. The scope of this Arbitration Provision is to be given\nthe broadest possible interpretation that is enforceable.\nb. You may opt out of this Arbitration Provision for all purposes\nby sending an arbitration opt out notice to P.O. Box 84240, Sioux Falls, SD\n57118, which is received at the specified address within 30 days of the date\nthat you applied for an Account. The opt out notice must clearly state that\nyou are rejecting arbitration; identify the Account to which it applies by\ndate; provide your name, address, and social security number; and be signed\nby you. You may send an opt out notice in any manner you see fit as long\nas it is received at the specified address within the specified time. No other\nmethods can be used to opt out of this Arbitration Provision. If the opt out\nnotice is sent on your behalf by a third party, such third party must include\nevidence of his or her authority to submit the opt out notice on your behalf.\nc. The party initiating arbitration shall do so with the American\nArbitration Association (the \xe2\x80\x9cAAA\xe2\x80\x9d) or Judicial Alternatives and Mediation\nServices (\xe2\x80\x9cJAMS\xe2\x80\x9d). The arbitration shall be conducted according to, and the\nlocation of the arbitration shall be determined in accordance with, the rules\nand policies of the administrator selected, except to the extent the rules\nconflict with this Arbitration Provision or any applicable law. If you have any\nquestions concerning the AAA or would like to obtain a copy of the AAA\narbitration rules, you may call 1(800) 778-7879 or visit the AAA\xe2\x80\x99s web site\nat: www.adr.org. If you have any questions concerning JAMS or would like\nto obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267\nor visit their web site at: www.jamsadr.com. In the case of a conflict between\nthe rules and policies of the administrator and this Arbitration Provision, this\nArbitration Provision shall control, subject to applicable law, unless all parties\nto the arbitration consent to have the rules and policies of the administrator\napply. In the event that neither of the above named administrators is available,\nthe party requesting arbitration may choose an alternative arbitrator or arbitration\nprovider.\nd. If we (or Yamaha or any subsequent holder) elect arbitration,\nwe (or Yamaha or the subsequent holder, as the case may be) shall pay all the\nadministrator\xe2\x80\x99s filing costs and administrative fees (other than hearing fees).\nIf you elect arbitration, filing costs and administrative fees (other than hearing\nfees) shall be paid in accordance with the rules of the administrator selected,\nor in accordance with applicable law if contrary to the administrator\xe2\x80\x99s rules.\n16\n\n\x0cWe (or Yamaha or the subsequent holder, as the case may be) shall pay the\nadministrator\xe2\x80\x99s hearing fees for one full day of arbitration hearings. Fees for\nhearings that exceed one day will be paid by the party requesting the hearing,\nunless the administrator\xe2\x80\x99s rules or applicable law require otherwise, or you\nrequest that we (or Yamaha or the subsequent holder) pay them and we agree\n(or Yamaha or the subsequent holder agrees) to do so. Each party shall bear\nthe expense of its own attorneys\xe2\x80\x99 fees, except as otherwise provided by\napplicable law. If a statute gives you the right to recover any of these fees,\nthese statutory rights shall apply in the arbitration notwithstanding anything\nto the contrary herein.\ne. Within 30 days of a final award by the arbitrator, any party may\nappeal the award for reconsideration by a three-arbitrator panel selected\naccording to the rules of the arbitration administrator. In the event of such\nan appeal, any opposing party may cross-appeal within 30 days after notice\nof the appeal. The panel will reconsider de novo all aspects of the initial\naward that are appealed. Costs and conduct of any appeal shall be governed\nby this Arbitration Provision and the administrator\xe2\x80\x99s rules, in the same way\nas the initial arbitration proceeding. Any award by the individual arbitrator\nthat is not subject to appeal, and any panel award on appeal, shall be final\nand binding, except for any appeal right under the Federal Arbitration Act\n(\xe2\x80\x9cFAA\xe2\x80\x9d), and may be entered as a judgment in any court of competent\njurisdiction.\nf. We (and Yamaha and any subsequent holder) agree not to invoke\nour right to arbitrate an individual Claim you may bring in Small Claims Court\nor an equivalent court, if any, so long as the Claim is pending only in that court.\nWe (or Yamaha or any subsequent holder) will not initiate an arbitration\nproceeding to collect a debt from you unless you assert a Claim against us\n(or Yamaha or any subsequent holder). You may seek arbitration in a\nproceeding to collect a debt. We (or Yamaha or any subsequent holder) may\nseek arbitration in a proceeding to collect a debt if you assert a Claim against\nus (or Yamaha or any subsequent holder). NO ARBITRATION SHALL\nPROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS\n(INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF\nOTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT\nOF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR\nCOULD HAVE BEEN ASSERTED) IN A COURT AS CLASS,\nREPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless\nconsented to in writing by all parties to the arbitration, no party to the\narbitration may join, consolidate, or otherwise bring claims for or on behalf of\ntwo or more individuals or unrelated corporate entities in the same arbitration\nunless those persons are parties to a single transaction. Unless consented to in\nwriting by all parties to the arbitration, an award in arbitration shall determine\n17\n\n\x0cthe rights and obligations of the named parties only, and only with respect to\nthe claims in arbitration, and shall not (a) determine the rights, obligations, or\ninterests of anyone other than a named party, or resolve any Claim of anyone\nother than a named party; nor (b) make an award for the benefit of, or\nagainst, anyone other than a named party. No administrator or arbitrator\nshall have the power or authority to waive, modify, or fail to enforce this\nsection (f), and any attempt to do so, whether by rule, policy, arbitration\ndecision or otherwise, shall be invalid and unenforceable. Any challenge to\nthe validity of this section (f) shall be determined exclusively by a court and\nnot by the administrator or any arbitrator.\ng. This Arbitration Provision is made pursuant to a transaction\ninvolving interstate commerce and shall be governed by and enforceable\nunder the FAA. The arbitrator will apply substantive law consistent with the\nFAA and applicable statutes of limitations. The arbitrator may award damages\nor other types of relief permitted by applicable substantive law, subject to the\nlimitations set forth in this Arbitration Provision. The arbitrator will not be\nbound by judicial rules of procedure and evidence that would apply in a court.\nThe arbitrator shall take steps to reasonably protect confidential information.\nh. This Arbitration Provision shall survive (i) suspension,\ntermination, revocation, closure, or amendments to this Agreement and the\nrelationship of the parties and/or Yamaha or a subsequent holder; (ii) the\nbankruptcy or insolvency of any party or other person; and (iii) any transfer of\nthe Account or this Agreement, or any interest in, or receivables arising under,\nthe Account or this Agreement, to any other person or entity. If any portion of\nthis Arbitration Provision other than section (f) is deemed invalid or\nunenforceable, the remaining portions of this Arbitration Provision shall\nnevertheless remain valid and in force. If an arbitration is brought on a class,\nrepresentative, or collective basis, and the limitations on such proceedings\nin section (f) are finally adjudicated pursuant to the last sentence of section\n(f) to be unenforceable, then no arbitration shall be had. In no event shall\nany such invalidation be deemed to authorize an arbitrator to determine\nClaims or make awards beyond those authorized in this Arbitration\nProvision.\nTHE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT\nTO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR\nJURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS\nARBITRATION PURSUANT TO THIS ARBITRATION PROVISION.\nSUBJECT TO SECTION (b), THE PARTIES HEREBY KNOWINGLY\nAND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH\nCLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION\nOF ARBITRATION BY ANY PARTY.\n18\n\n\x0cSECTION 37.\n\nYOUR BILLING RIGHTS.\n\nThis notice tells you about your rights and our responsibilities under\nthe Fair Credit Billing Act.\nYOUR BILLING RIGHTS\nKeep This Notice for Future Use: This notice tells you about your\nrights and our responsibilities under the Fair Credit Billing Act.\nWhat To Do If You Find A Mistake On Your Statement: If you\nthink there is an error on your statement, write to us as soon as possible at:\nP.O. Box 84240, Sioux Falls, SD 57118.\nIn your letter, give us the following information:\n\xe2\x80\xa2\n\nAccount information: Your name and account number.\n\n\xe2\x80\xa2\n\nDollar amount: The dollar amount of the suspected error.\n\n\xe2\x80\xa2\n\nDescription of problem: If you think there is an error on your\nbill, describe what you believe is wrong and why you believe it\nis a mistake.\n\nYou must contact us:\n\xe2\x80\xa2\n\nWithin 60 days after the error appeared on your statement.\n\n\xe2\x80\xa2\n\nAt least 3 business days before an automated payment is\nscheduled, if you want to stop payment on the amount you\nthink is wrong.\n\nYou must notify us of any potential errors in writing. You may call\nus or notify us electronically, but if you do, we are not required to\ninvestigate any potential errors and you may have to pay the amount in\nquestion.\nWhat Will Happen After We Receive Your Letter.\nWhen we receive your letter, we must do two things:\n1.\nWithin 30 days of receiving your letter, we must tell\nyou that we received your letter. We will also tell you if we have\nalready corrected the error.\n2.\nWithin 90 days of our receipt of your letter, we will\nsend you a written notice explaining either that we corrected the\n19\n\n\x0cerror (to appear on your next statement) or the reasons we believe\nthe bill is correct.\nWhile we investigate whether or not there has been an error, the following\nare true:\n\xe2\x80\xa2\n\nWe cannot try to collect the amount in question, or report you as\ndelinquent on that amount.\n\n\xe2\x80\xa2\n\nThe charge in question may remain on your statement, and we may\ncontinue to charge you interest on that amount.\n\n\xe2\x80\xa2\n\nWhile you do not have to pay the amount in question until we send\nyou a notice about the outcome of our investigation, you are\nresponsible for the remainder of your balance.\n\n\xe2\x80\xa2\n\nWe can apply any unpaid amount against your credit limit.\n\nAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2\n\nIf we made a mistake: You will not have to pay the amount in\nquestion, or any interest or other fees related to that amount.\n\n\xe2\x80\xa2\n\nIf we do not believe there was a mistake: You will have to pay the\namount in question, along with applicable interest and fees. We will\nsend you a statement of the amount you owe, and the date payment\nis due. We may then report you as delinquent if you do not pay\nthe amount we think you owe.\n\nIf you receive our explanation but still believe your bill is wrong, you must\nwrite to us within 10 days telling us that you still refuse to pay. If you do\nso, we cannot report you as delinquent without also reporting that you are\nquestioning your bill. We must tell you the name of anyone to whom we\nreported you as delinquent, and we must let those organizations know when\nthe matter has been settled between us.\nIf we do not follow all of the rules above, you do not have to pay the first\n$50 of the amount you question even if your bill is correct.\nYour Rights If You Are Dissatisfied With Your Credit Card\nPurchases.\nIf you are dissatisfied with the goods or services that you have purchased\nwith your credit card, and you have tried in good faith to correct the problem\nwith the merchant, you may have the right not to pay the remaining amount\n20\n\n\x0cdue on the purchase. To use this right, the following must be true:\n1.\nThe purchase must have been made in your home\nstate or within 100 miles of your current mailing address, and the\npurchase price must have been more than $50 (note: Neither of these\nis necessary if your purchase was based on an advertisement we\nmailed to you, or if we own the company that sold you the goods or\nservices);\n2.\nYou must have used your credit card for the purchase.\nPurchases made with cash advances from an ATM or with a check\nthat accesses your credit card account do not qualify; and\n3.\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\npurchase, contact us in writing at: P.O. Box 84240, Sioux Falls, SD 57118.\nWhile we investigate, the same rules apply to the disputed amount as\ndiscussed above. After we finish our investigation, we will tell you our\ndecision. At that point, if we think you owe an amount and you do not pay,\nwe may report you as delinquent.\n\n21\n\n\x0cThis page intentionally left blank\n\n\x0cRev. March 2021\n\nYamaha Motor Finance Corporation, U.S.A.\n\nFACTS\n\nWHAT DOES YAMAHA MOTOR FINANCE CORPORATION, U.S.A. DO WITH\nYOUR PERSONAL INFORMATION?\n\nWhy?\n\nFinancial companies choose how they share your personal information. Federal law gives consumers the\nright to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and\nprotect your personal information. Please read this notice carefully to understand what we do.\n\nWhat?\n\nThe types of personal information we collect and share depend on the product or service you have with\nus. This information can include:\n   Social Security Number\n\nand\n\nCredit History / Scores\n\n   Account Balances\n\nand\n\nTransaction History\n\n   Payment History\n\nand\n\nEmployment Information and Income\n\n\xef\x81\xa7\n\n\xef\x81\xa7\n\n\xef\x81\xa7\n\nHow?\n\nAll financial companies need to share customers\xe2\x80\x99 personal information to run their everyday business.\nIn the section below, we list the reasons financial companies can share their customers\xe2\x80\x99 personal\ninformation; the reasons Yamaha Motor Finance Corporation, U.S.A. chooses to share; and whether you\ncan limit this sharing.\n\nReasons we can share your personal\ninformation\n\nDoes Yamaha Motor Finance\nCorporation, U.S.A. share?\n\nCan you limit\nthis sharing?\n\nFor our everyday business purposes such as to process your transactions, maintain your\naccount(s), respond to court orders and legal\ninvestigations, or report to credit bureaus\n\nYes\n\nNo\n\nFor our marketing purposes to offer our products and services to you\n\nYes\n\nNo\n\nFor joint marketing with other financial companies\n\nYes\n\nNo\n\nFor our affiliates\xe2\x80\x99 everyday business purposes information about your transactions and experiences\n\nYes\n\nNo\n\nFor our affiliates\xe2\x80\x99 everyday business purposes information about your creditworthiness\n\nYes\n\nYes\n\nFor our affiliates to market to you\n\nYes\n\nYes\n\nFor nonaffiliates to market to you\n\nYes\n\nYes\n\nTo limit our\nsharing\n\n\xef\x81\xa7\n\nCall toll-free 1-800-962-7926 - our menu will prompt you through your choice(s).\nPlease note: If you are a new customer, we can begin sharing your information thirty (30) days from\nthe date we sent this notice. When you are no longer our customer, we continue to share your\ninformation as described in this notice.\n\nHowever, you can contact us at any time to limit our sharing.\n\nQuestions?\n\nCall 1-800-962-7926. You can also email your questions to privacy@yamahafinancialservices.com.\nRJ-34115\n\n\x0cYamaha Motor Finance Corporation, U.S.A.\n\nPage 2\nWho we are\nWho is providing this notice?\n\nYamaha Motor Finance Corporation, U.S.A.\n\nWhat we do\nHow does Yamaha Motor Finance\nCorporation, U.S.A. protect my\npersonal information?\n\nTo protect your personal information from unauthorized access and use,\nwe use security measures that comply with federal law. These measures\ninclude computer safeguards and secured files and buildings. We also\nmaintain other physical, electronic and procedural safeguards to protect\nthis information and we limit access to information to those employees for\nwhom access is appropriate.\n\nHow does Yamaha Motor Finance\nCorporation, U.S.A. collect my\npersonal information?\n\nWe collect your personal information, for example, when you\nOpen an account\t\t\nor Apply for financing\nGive us your contact information or Give us your income information\nPay your bills\nWe also collect your personal information from others, such as credit\nbureaus, affiliates or other companies.\n\xef\x81\xa7\n\n\xef\x81\xa7\n\n\xef\x81\xa7\n\nWhy can\xe2\x80\x99t I limit all sharing?\n\nFederal law gives you the right to limit only\nsharing for affiliates\xe2\x80\x99 everyday business purposes - information\nabout your creditworthiness\naffiliates from using your information to market to you\nsharing for nonaffiliates to market to you\nState laws and individual companies may give you additional rights to\nlimit sharing. See below for more on your rights under state law.\n\xef\x81\xa7\n\n\xef\x81\xa7\n\n\xef\x81\xa7\n\nWhat happens when I limit sharing for an\naccount I hold jointly with someone else?\n\nYour choices will apply to everyone on your account.\n\nDefinitions\nAffiliates\n\nCompanies related by common ownership or control. They can be\nfinancial and nonfinancial companies.\nOur affiliates include Yamaha Motor Co., Ltd., and Yamaha Motor\nCorporation, U.S.A.\n\xef\x81\xa7\n\nNonaffiliates\n\nCompanies not related by common ownership or control. They can be\nfinancial and nonfinancial companies.\nNonaffiliates we share with can include insurance companies, service\nproviders, co-branded partners, retailers, data processors, and\nadvertisers.\n\xef\x81\xa7\n\nJoint marketing\n\nA formal agreement between nonaffiliated financial companies that\ntogether market financial products or services to you.\nOur joint marketing partners include companies such as other finance\ncompanies, banks, and insurance companies.\n\xef\x81\xa7\n\nOther important information\nCalifornia Residents: We will not share your information with companies outside of Yamaha Motor Finance Corporation, U.S.A.,\nexcept for our everyday business purposes, for marketing our products and services to you or with your consent.\nVermont Residents: We will not disclose credit information about you within or outside the Yamaha Motor Finance Corporation,\nU.S.A. family of companies except as required or permitted by law.\nRJ-34115\n\n\x0cYamaha Motor Finance Corporation, U.S.A.\n\nPage 3\nOther important information (Continued)\nNevada Residents: Notice provided pursuant to state law. To be placed on our internal Do Not Call List or to contact our Customer\nService Department, call 1-800-962-7926. If you would like more information about telemarketing practices, you may contact\nus at Yamaha Motor Finance Corporation, U.S.A., Attn: Privacy Department, 6555 Katella Avenue, Cypress, California 90630-5101\nor at privacy@yamahafinancialservices.com. For more on this Nevada law, contact Bureau of Consumer Protection, Office of\nthe Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: 1-702-486-3132; e-mail:\nBCPINFO@ag.state.nv.us.\nTexas Residents: Yamaha Motor Finance Corporation, U.S.A. is licensed and examined under the laws of the State of Texas and\nby state law is subject to regulatory oversight by the Office of Consumer Credit Commissioner. For questions or complaints\nabout your loan, contact Yamaha Motor Finance Corporation, U.S.A. at 1-800-962-7926 or in writing at Yamaha Motor Finance\nCorporation, U.S.A., 6555 Katella Avenue, Cypress, California 90630-5101. Yamaha Motor Finance Corporation, U.S.A. is licensed\nand examined under Texas law by the Office of Consumer Credit Commissioner (OCCC), a state agency. If a complaint or question\ncannot be resolved by contacting the lender, consumers can contact the OCCC to file a complaint or ask a general credit-related\nquestion. OCCC address: 2601 N. Lamar Blvd., Austin, Texas 78705. Phone: 1-800-538-1579. Fax: 1-512-936-7610.\nWebsite: occc.texas.gov. E-mail: consumer.complaints@occc.texas.gov.\nTelephone Communications: All telephone communications with us or our authorized agents may be monitored or recorded.\n*Notice provided by: Yamaha Motor Finance Corporation, U.S.A.\n\nRJ-34115\n\n\x0cRev. Feb. 2020\n\nFACTS\n\nWhy?\n\nWHAT DOE WebBank DO WITH YOUR PERSONAL INFORMATION IN\nCONNECTION WITH YOUR YAMAHA MOTOR FINANCE CORPORATION,\nU.S.A ACCOUNT?\nFinancial companies choose how they share your personal information. Federal law gives\nconsumers the right to limit some but not all sharing. Federal law also requires us to tell\nyou how we collect, share and protect your personal information. Please read this notice\ncarefully to understand what we do.\nThe types of personal information we collect and share depend on the product or service\nyou have with us. This information can include:\n\nWhat?\n\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nSocial Security number and transaction history\npayment history and account balances\ncredit history and credit scores\n\nWhen you are no longer our customer, we continue to share your information as\ndescribed in this notice.\n\nHow?\n\nAll financial companies need to share customers' personal information to run their\neveryday business. In the section below, we list the reasons financial companies can share\ntheir customers' personal information; the reasons WebBank chooses to share; and\nwhether you can limit this sharing.\n\nReasons we can share your personal\ninformation\n\nDoes WebBank\nshare?\n\nCan you limit this\nsharing?\n\nFor our everyday business purposes \xe2\x80\x93\nsuch as to process your transactions, maintain your\naccount(s), respond to court orders and legal\ninvestigations, or report to credit bureaus\n\nYes\n\nNo\n\nFor our marketing purposes \xe2\x80\x93\nto offer our products and services to you\n\nYes\n\nNo\n\nFor joint marketing with other financial companies\n\nNo\n\nWe don't share\n\nFor our affiliates' everyday business purposes \xe2\x80\x93\ninformation about your transactions and experiences\n\nNo\n\nWe don't share\n\nFor our affiliates' everyday business purposes \xe2\x80\x93\ninformation about your creditworthiness\n\nNo\n\nWe don't share\n\nFor our affiliates to market to you\n\nNo\n\nWe don't share\n\nFor nonaffiliates to market to you\n\nNo\n\nWe don't share\n\nQuestions?\n\nCall toll-free 800-962-7926. You can also email your questions to\nprivacy@yamahafinancialservices.com\n\n\x0cWho we are\nWho is providing this notice?\n\nWebBank\n\nWhat we do\nHow does WebBank\nprotect my personal\ninformation?\n\nHow does WebBank\ncollect my personal\ninformation?\n\nWhy can't I limit all\nsharing?\n\nTo protect your personal information from unauthorized access and use, we use\nsecurity measures that comply with federal law. These measures include computer\nsafeguards and secured files and buildings. We also maintain other physical,\nelectronic and procedural safeguards to protect this information and we limit\naccess to information to those employees for whom access is appropriate.\nWe collect your personal information, for example, when you\n\xe2\x80\xa2 open an account or apply for financing\n\xe2\x80\xa2 give us your contact information or give us your income information\n\xe2\x80\xa2 pay your bills\nWe also collect your personal information from others, such as credit bureaus or\nother companies.\nFederal law gives you the right to limit only\n\xe2\x80\xa2 sharing for affiliates' everyday business purposes--information about your\ncreditworthiness\n\xe2\x80\xa2 affiliates from using your information to market to you\n\xe2\x80\xa2 sharing for nonaffiliates to market to you\nState laws and individual companies may give you additional rights to limit sharing.\nSee below for more on your rights under state law.\n\nDefinitions\nAffiliates\n\nCompanies related by common ownership or control. They can be financial and\nnonfinancial companies.\n\xe2\x80\xa2 WebBank does not share with our affiliates.\n\nNonaffiliates\n\nCompanies not related by common ownership or control. They can be financial and\nnonfinancial companies.\n\xe2\x80\xa2 WebBank does not share with nonaffiliates so they can market to you.\n\nJoint marketing\n\nA formal agreement between nonaffiliated financial companies that together\nmarket financial products or services to you.\n\xe2\x80\xa2 WebBank does not jointly market.\n\nOther important information\nSpecial Notice For State Residents: We will also comply with more restrictive state laws to the extent that they\napply.\n\n\x0c"


b'7/14/2021\n\nFingerhut\n\nShop\n\nWebBank/Fingerhut Advantage Credit Account Agreement\n\nEffective 3/15/2021\n\nWebBank Fingerhut Credit Account Key Credit Terms\nInterest Rates and Interest Charges\nAnnual Percentage Rate\n(APR) for Purchases\n\n29.99% This APR is a non-variable rate.\n\nYour due date is at least 24 days after the close of each billing cycle. We will not\nHow to Avoid Paying Interest charge you any interest on purchases if you pay your entire balance by the due\ndate each month.\nMinimum Interest Charge\n\nIf you are charged interest, the charge will be no less than $1.00.\n\nFor Credit Card Tips from\nthe Consumer Financial\nProtection Bureau\n\nTo learn more about factors to consider when applying for or using a credit card,\nvisit the website of the Consumer Financial Protection Bureau at\nhttp://www.consumerfinance.gov/learnmore/\n\nFees\nPenalty Fees\nLate Fee Up to $40.00\nReturned Payment Fee Up to $40.00\nHow We Will Calculate Your Balance: We use a method called "average daily balance (including new purchases)."\nSee Important Credit Disclosures For WebBank/Fingerhut Credit Programs for more details.\nBilling Rights: Information on your rights to dispute transactions and how to exercise those rights is provided via the\nlink below. See Important Credit Disclosures For WebBank/Fingerhut Credit Programs for more details.\n\nThis is the Agreement which covers your credit account (called your "Account") with WebBank for purchases you make\nwith Fingerhut. Do not enter into this Agreement before you read it or if any spaces intended for the agreed terms\nare left blank. You are entitled to a copy of this Agreement at the time you sign it. You acknowledge that you have\nreceived a copy of this Agreement for your records.\nYou can use your Account to purchase goods or services from Fingerhut or any merchant authorized to accept your\nAccount, and to pay for goods and services offered in connection with your Account. This account may require a down\npayment on your first purchase. You may at any time pay off the full balance of your Account. You may only use your\n\nhttps://www.fingerhut.com/content/footer-terms\n\n1/8\n\n\x0c7/14/2021\n\nFingerhut\n\nAccount for personal, family, and household purposes. You and WebBank will be bound by this Agreement from the first\ntime a transaction is posted to your Account.\nIn this Agreement, and in your monthly statements ("Statements"), the words "you" and "your" refer to all persons named\non the credit account we issue or who have signed the application or acceptance forms, and the words "we", "us" and\n"our" refer to WebBank (and, as applicable, its agents, successors and assigns). An applicant, if married, may apply for a\nseparate account.\nYour Promise to Pay. You promise to pay for (a) credit extended by WebBank to you or anyone you allow to use your\nAccount; (b) interest charges, late fees, and all other charges provided in this Agreement or that you (or anyone you allow\nto use your Account) agree to pay; and (c) collection costs and attorneys\' fees to the extent permitted by applicable law if\nyour Account should go into default. If your Account is a joint account, all joint account holders promise to pay and be\njointly and individually responsible for all amounts due under this Agreement.\nAvailable Credit. Your Account is an open end account, subject to the following credit limits. We will assign you a credit\nlimit, and we will indicate your current credit limit on each Statement. You agree not to exceed the credit limit that we\nestablish for you. If you request a transaction that would exceed the credit limit, we may decline it or we may allow the\ntransaction without increasing your credit limit. You will be obligated to pay any amount in excess of your credit limit in\naccordance with the terms of this Agreement. We reserve the right to delay an immediate increase in available credit due\nto a payment(s) made on your WebBank Fingerhut Advantage Credit Account. We may increase or reduce your credit\nlimit, or suspend or terminate your Account, at any time with or without cause. We will provide notice to you to the extent\nrequired by applicable law.\nStatements. We will send you a Statement covering each billing cycle in which you have a balance (including deferred\nbalances, if applicable), or if required by law. Billing cycles are approximately one month long. Each Statement will reflect:\n(a) the total amount you owed on the first day of your billing cycle (called the "previous balance"), which will include any\ndeferred balance (see below under the heading "Deferral Periods"); (b) payments, credits, purchases and interest\ncharges, and all other charges made to your Account during the billing cycle; (c) the total amount you owed at the end of\nthe billing cycle (called "new balance"); (d) the minimum payment you must make (called the "minimum payment"); and\n(e) the date by which the minimum payment must be paid to avoid a late charge.\nProtections Under the Military Lending Act: Federal law provides important protections to members of the Armed\nForces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a\nmember of the Armed Forces and his or her dependent (a "Covered Borrower") may not exceed an annual percentage\nrate of 36 percent. This rate must include the cost of SafeLine, our optional credit protection product. We do not charge\napplication or participation fees.\nYou are a Covered Borrower if at the time of establishing this account you are an active duty service member or an active\nGuard or Reserve duty member, or you are a qualifying dependent of that member.\nIf you are a Covered Borrower, the provisions of this WebBank/Fingerhut Advantage Credit Account relating to arbitration\ndo not apply to this WebBank/Fingerhut Advantage Credit Account involving consumer credit.\nOral Disclosure: If you are a Covered Borrower, you may obtain information about the account, including information\nabout the payment obligation, by calling us toll-free, at 844-403-7059.\nPayments. The minimum payment is based on your Account balance as outlined in the Payment Chart below. The\nminimum payment is due by the date set forth on the Statement. We will not impose any late charges if you pay at least\nthe minimum payment reflected in your Statement by the payment due date specified, which will always be at least 24\ndays from the Statement date. If you wish, you may pay more than the minimum payment and at any time you may pay\nthe entire new balance, without penalty.\nPayment Instructions. All payments made by mail must be made by check or money order, following the instructions in\nthis Agreement and on your Statement. You agree that we may return any payment you make, without applying the\npayment to your Account and without presentment or protest, for reasons including, but not limited to, that the check or\nmoney order: (1) is not drawn on the U.S. Post Office or a financial institution located in the United States; (2) is missing a\nhttps://www.fingerhut.com/content/footer-terms\n\n2/8\n\n\x0c7/14/2021\n\nFingerhut\n\nsignature; (3) is drawn with different numeric and written amounts; (4) contains a restrictive endorsement; (5) is postdated; (6) is not payable to WebBank or its assigns; (7) is not payable in U.S. dollars; or (8) is not paid upon presentment.\nIf we accept a check payment made in U.S. dollars and drawn on a financial institution not located in the United States,\nyou agree to pay any bank collection fees we incur. We can accept late or partial payments, or checks or money orders\nmarked "Payment in Full" or otherwise restrictively endorsed, without losing any of our rights under this Agreement. All\npayments under this Agreement must be received at the address specified on your billing statement. Payments may also\nbe made electronically on the web or phone, by ACH payment from a checking or savings account. However, you may\nnot make a payment using any credit card issued by WebBank. We may charge a processing fee for payments made by\nphone and when made with the assistance of a service representative of the company for an expedited payment posted\non the same day. The fee will be disclosed at the time you request to make the payment.\nPAYMENT CHART\nAccount Balance\n\nMinimum PMT $\n\nFrom\n\nTo\n\n-\n\n$9.98\n\n100%\n\n$9.99\n\n$44.99\n\n$9.99\n\n$45.00\n\n$69.99\n\n$11.99\n\n$70.00\n\n$99.99\n\n$12.99\n\n$100.00\n\n$124.99\n\n$14.99\n\n$125.00\n\n$199.99\n\n$18.99\n\n$200.00\n\n$249.99\n\n$21.99\n\n$250.00\n\n$299.99\n\n$24.99\n\n$300.00\n\n$349.99\n\n$28.99\n\n$350.00\n\n$449.99\n\n$33.99\n\n$450.00\n\n$549.99\n\n$38.99\n\n$550.00\n\n$799.99\n\n$46.99\n\n$800.00\n\n$1,099.99\n\n$59.99\n\n$1,100.00\n\n$1,399.99\n\n$69.99\n\n$1,400.00\n\n$\n\n5%\n\nHow We Figure Periodic Interest Charges. To calculate the Interest Charge for each monthly statement we multiply the\naverage daily balance times the monthly periodic rate. Your monthly periodic rate may vary each billing cycle. If the total\nperiodic Interest Charges for a month are less than $1.00 then we charge a minimum periodic Interest Charge of $1.00\nwhich we will apply to the applicable balance (to the extent permitted by applicable law).\nAverage Daily Balance. We figure the interest charge on your Account by applying the monthly periodic rate to the\nAverage Daily Balance of your Account, including current transactions. To get the Average Daily Balance, we take the\nbeginning balance of your Account each day, add any new purchases on that day, and subtract any payments or credits\nwe apply that day. We add interest charges to each feature on a monthly basis. We add other charges and fees, such as\nlate fees, on the day that such charges or fees are posted to the Account. If your Account has an overall credit balance,\nwe treat this as a $0 balance. This gives us the daily balance. Then we add up all the daily balances for each day in the\nbilling cycle and divide the total by the number of days in the billing cycle. This gives us the Average Daily Balance.\nhttps://www.fingerhut.com/content/footer-terms\n\n3/8\n\n\x0c7/14/2021\n\nFingerhut\n\nNon-Variable APR. Your Annual Percentage Rate is 29.99%, which corresponds to a monthly periodic rate of 2.500%.\nThis is a non-variable rate. The finance charges that are assessed, including the monthly periodic rate, will be in amounts\nor at rates that do not exceed those permitted by law.\nThe amount of periodic interest charges and APRs are subject to change. See below under the heading "Change of\nTerms (including Interest Charges)."\nWhen interest charges begin to accrue. Interest charges begin to accrue on each purchase on the date of the\npurchase. However, if you paid the new balance on your previous Statement by the payment due date shown on that\nstatement, then: (1) if you pay the new balance on your current billing statement by the payment due date shown, we\nimpose no interest charges on purchases during the current billing cycle, and (2) if you make a payment by the payment\ndue date shown on your current statement that is less than the new balance, we will credit that payment as of the first day\nin your current billing cycle. In addition, if your previous Statement reflected a new balance and you did not pay that new\nbalance in full by the payment due date on that previous statement, then we will not impose interest charges on any\npurchases during the current billing cycle if you pay the new balance shown on your current Statement by the payment\ndue date reflected on that current Statement.\nDeferral Periods. From time to time, we may offer you the opportunity to enter into promotions. When you make a\npurchase under a special promotion, it will be identified on your Statements. Each Statement will contain a summary of all\ndeferred purchases, including the unpaid balances, any assessed interest charges and the dates until which payments\nare deferred. The special deferral terms apply to a purchase for a specified period of time, which we will call the "Deferral\nPeriod". When you make a deferred purchase, the Deferral Period will be disclosed to you. These special promotions are\nmade available at our discretion, are subject to credit approval, are not available for all purchases and cannot be changed\nby customer request. There is currently one type of special promotion, although we may add more or remove any of them\nat any time.\nNo Payments Option: Monthly payments on the deferred purchase are not required during the Deferral Period. Interest\nwill be assessed at the monthly periodic rate in effect on your deferred purchase from the date of purchase. Interest\nassessed during the Deferral Period will be added to your deferred balance, regardless if you pay off your deferred\nbalance before the expiration of the Deferral Period. The amount of your deferred purchase(s) is/are not considered when\nwe calculate your minimum monthly payment. We do consider your deferred purchase(s) for purposes of determining\nyour available credit.\nLate Fees. Late fees will be equal to your minimum payment due with a maximum amount of up to $29.00. The maximum\namount will increase to $40.00 if you did not make your minimum payment on time in any one of the 6 prior billing cycles,\n(or to the extent permitted by applicable law). The late fee will never be greater than your minimum payment due to which\nthe late fee relates.\nReturned Payment Fees. Returned payment fees will be equal to your minimum payment due with a maximum amount\nof up to $29.00. The maximum amount will increase to $40.00 if you had any returned payments in any one of the 6 prior\nbilling cycles, (or to the extent permitted by applicable law). The returned payment fee will never be greater than your\nmost recent minimum payment due.\nNo Annual Account Fee. You are not charged a separate annual fee to maintain your Account.\nApplication of Payments. Each payment you send to us will be applied to your Account in a manner consistent with\napplicable law. Generally, we will apply your payment first to satisfy all minimum payments due. You may pay the entire\nbalance on your Account at any time without incurring any additional charge for prepayment.\nChange of Terms (including Interest Charges). Subject to applicable law, we may change or terminate any term of this\nAgreement or add new terms at any time, including, without limitation, adding or increasing fees, increasing your\nminimum payment and increasing the rate or amount of interest charges or changing the method of computing the\nbalance upon which interest charges are assessed. Prior written notice will be provided to you when required by\napplicable law. Changes may apply to new and outstanding balances.\n\nhttps://www.fingerhut.com/content/footer-terms\n\n4/8\n\n\x0c7/14/2021\n\nFingerhut\n\nDefault. You will be in default under this Agreement if: (a) you fail to make at least the minimum payment by the Payment\nDue Date specified on your Statement; (b) you violate any other provision of this Agreement; (c) you die; (d) you become\nthe subject of bankruptcy or insolvency proceedings; (e) you or any part of your property becomes the object of\nattachment, foreclosure, repossession, lien, judgment, or garnishment proceedings; (f) you fail to provide to us any\ninformation we reasonably deem necessary; (g) you supply us with misleading, false, incomplete or incorrect information;\n(h) we receive information indicating that you are unable to perform the terms and conditions of this Agreement; (i) you\nmove out of the United States; or (j) you use your Account in an unlawful manner. Upon default, we have the right to\nrequire you to pay your entire Account balance (including all deferred purchases and all accrued but unpaid charges)\nimmediately, and to sue you for what you owe. You will pay our court costs, reasonable attorneys\' fees and other\ncollection costs related to the default to the extent permitted by applicable law. Following any default, any balances\noutstanding under this Agreement will continue to accrue interest charges until paid in full and will be subject to all the\nterms and conditions of this Agreement, except that we will apply your payments first to attorneys\' fees and other court\ncosts (to the extent permitted by applicable law), and then in the order set forth in the Application of Payments section.\nClosing Your Account. We can close your Account at any time. You can cancel or close your Account at any time by\nwriting to us at WebBank, Fingerhut Credit Account Services, P.O. Box 0260, St Cloud, MN 56395-0260. If we have\nissued you a card with your Account number, you must cut it in half and return it to us. You may not use your Account for\nany purchases after you cancel or close your Account. If you do not pay us in full when you cancel, your outstanding\nbalances will continue to accrue interest charges and other charges, and will be subject to the terms and conditions of this\nAgreement.\nLiability for Unauthorized Use/Lost or Stolen Account Numbers. If you notice the loss or theft of your Account\nnumber or a possible unauthorized use of your card, you should write to us immediately at WebBank, Fingerhut Credit\nAccount Services, P.O. Box 0260, St Cloud, MN 56395-0260, or call as at 1-800-208-2500. You will not be liable for any\nunauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before you\nnotify us. In any case, your liability will not exceed $50. However, unauthorized use does not include use by a person\nwhom you have given the Account number to or authority to use the Account, and you will be liable for all use by such a\nuser. To terminate this authority you must send us notice in writing.\nChange of Name, Address, Telephone Number or Employment. Notify us immediately of any change in your name,\nmailing address, telephone number or place of employment. Send changes to: WebBank, Fingerhut Credit Account\nServices, P.O. Box 0260, St Cloud, MN 56395-0260.\nConsent for Use of Telephone Numbers. You authorize WebBank/Fingerhut, their affiliates, agents, and others calling\nat their request or on their behalf to contact you at any number (i) you have provided to us (ii) from which you have called\nus, or (iii) which we obtain and believe we can reach you at. We may contact you in any way, such as calling, texting,\nusing an automated dialer or using pre-recorded messages. We may contact you on a mobile, wireless, or similar device,\neven if you are charged for it by your provider.\nNo Oral Modifications. This Agreement cannot be changed orally.\nAssignment of Account. We may sell, assign or transfer your Account or any portion thereof without notice to you. You\nmay not sell, assign or transfer your Account.\nReporting and Monitoring. We may report information about your Account to credit bureaus. Late payments, missed\npayments, or other defaults on your Account may be reflected in your credit report. You agree that any government\nagency may release your residence address to us, should it become necessary to locate you. You agree that we may\nrecord your calls, and that our supervisory personnel may listen to telephone calls between you and our representatives\nin order to evaluate the quality of our service to you and other cardholders.\nUpdated Financial and Other Information. Upon request, you agree to promptly give us accurate financial and other\ninformation about yourself. We may obtain information about you from credit bureaus or other third parties at any time.\nYou agree that the information that you provide to us is accurate as of the date provided, and that if the information\nchanges you will contact us with the notice of the change.\n\nhttps://www.fingerhut.com/content/footer-terms\n\n5/8\n\n\x0c7/14/2021\n\nFingerhut\n\nGoverning Law/Enforceability. This Agreement and your Account will be governed by federal law applicable to a FDICinsured institution and, to the extent permitted by law and not preempted by federal law, the law of Utah, without regard to\nits choice of law provisions. You agree that this Agreement is entered into between you and us, and received by us, in\nUtah and we extend credit to you from Utah, whether or not you live in Utah. We will make the decision whether to open\nan account for you based on criteria established in Utah. If any provision of this Agreement is determined to be void or\nunenforceable under any applicable law, rule or regulation, all other provisions of this Agreement will remain enforceable\n(except as specifically addressed in the Arbitration provision). Our failure to exercise any of our rights under this\nAgreement will not be deemed to waive our rights to exercise such rights in the future. This Agreement is a final\nexpression of the agreement between you and us and this Agreement may not be contradicted by evidence of any\nalleged prior oral agreement or of an alleged contemporaneous oral agreement between you and us.\nArbitration. Please review this provision carefully. It provides that any dispute may be resolved by binding\narbitration. Arbitration replaces the right to go to court and the right to have a jury decide a dispute. Under this\nprovision, your rights may be substantially limited in the event of a dispute. You may opt out of this Arbitration\nprovision by following the instructions below.\nBy accepting this Agreement, unless you opt out by following the instructions below, you agree that either you or we, at\nour sole discretion, can choose to have any dispute arising out of or relating to this Agreement or our relationship\nresolved by binding arbitration. If arbitration is chosen by any party, neither you nor we will have the right to litigate that\ndispute in court or to have a jury trial on that dispute. Pre-arbitration discovery will be permitted only as allowed by the\narbitration rules. In addition, you will not have the right to participate as a representative or member of any class of\nclaimants pertaining to any dispute subject to arbitration. The arbitrator\'s decision will generally be final and binding.\nOther rights that you would have if you went to court may also not be available in arbitration. It is important that you read\nthe entire Arbitration provision carefully before accepting the terms of this Agreement.\nFor purposes of this Arbitration provision, "dispute" shall be construed as broadly as possible, and shall include any claim,\ndispute or controversy (whether in contract, regulatory, tort or otherwise, whether pre-existing, present or future and\nincluding constitutional, statutory, common law, intentional tort and equitable claims) arising from or relating to this\nAgreement, the credit offered or provided to you, or the goods or services you purchase; the actions of yourself, us, or\nthird parties; or the validity of this Agreement or this Arbitration provision. It includes disputes brought as counterclaims,\ncross claims, or third party claims. A party that has brought a dispute in a court may elect to arbitrate any other dispute\nthat may be raised in that litigation. Disputes brought as part of a class action or other representative basis are subject to\narbitration on an individual (non-class, non-representative) basis. IF YOU DO NOT OPT OUT, THEN YOU WILL HAVE\nWAIVED YOUR RIGHT TO INDICATE OR PARTICIPATE IN A CLASS ACTION RELATED TO THIS AGREEMENT. In\nthis Arbitration provision, the words "we," "us," and "our" shall include WebBank and any assignees of any of WebBank\'s\nrights, any merchant from which you purchased goods or services using your Account, as well as their respective\naffiliates, servicers, employees, agents, and further assigns.\nAny arbitration under this Arbitration provision shall be administered by the American Arbitration Association ("AAA")\nunder the rules applicable to the resolution of consumer disputes in effect when the dispute is filed. The arbitrator shall\nhave no authority to hear any disputes on a class action or representative basis. Neither you nor we may consolidate or\njoin the disputes of other persons who may have similar disputes into a single arbitration, other than the disputes of or\nagainst joint account holders. You may obtain rules and forms by calling the AAA at 1-800-778-7879 or visiting\nwww.adr.org. Any arbitration hearing that you attend will take place in the Federal judicial district where you reside. We\nwill not elect arbitration of any dispute that is filed as an individual matter by you in a small claims or similar court, so long\nas the dispute is pending on an individual basis in such court.\nA single, neutral arbitrator will decide any disputes. The arbitrator must be either a retired or former judge or a lawyer with\nno less than 10 years\' experience, selected in accordance with the AAA\'s rules. The arbitrator will apply applicable\nsubstantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege under\napplicable law, and will have the power to award to a party any damages or other relief provided under applicable law.\n\nhttps://www.fingerhut.com/content/footer-terms\n\n6/8\n\n\x0c7/14/2021\n\nFingerhut\n\nAny party may choose to have a hearing, and may choose to be represented by counsel. The arbitrator will issue an\naward in writing and, upon request, will provide a written explanation for the award. Judgment upon the award rendered\nby the arbitrator may be entered in any court having jurisdiction.\nThe party initiating an arbitration must pay the AAA\'s initial filing fee, although you can ask the AAA to waive the filing fee\nand we will consider your request that we pay the filing fee on your behalf. We will pay any subsequent administration\nfees imposed by the AAA, and we will pay the arbitrator\'s fee for up to one day of hearings. All other fees will be allocated\nas provided by the AAA\'s rules and applicable law. If you prevail in arbitration, we will reimburse you any fees paid to the\nAAA. However, even if we prevail, we will not seek reimbursement from you of any fees we paid to the AAA unless the\narbitrator determines that your dispute was brought in bad faith. Each party shall bear its own costs of attorneys, experts,\nand witness fees, regardless of which party prevails in the arbitration. However, if applicable substantive law gives you\nthe right to seek reimbursement of attorneys\' fees or other fees or costs, then that right shall also apply in the arbitration.\nYou have the right to opt out of this Arbitration provision, but you may only do so in the first 30 days after the first\ntransaction is posted to your Account. In order to opt out, you must write us at WebBank/Fingerhut Arbitration, P.O. Box\n0260, St Cloud, MN 56395-0260. You must inform us of your decision to opt out, and sign the notice.\nThis Arbitration provision shall survive repayment of your extension of credit and termination of your Account. This\nArbitration provision is made in connection with interstate commerce, and shall be governed by the Federal Arbitration\nAct, 9 USC Sections 1 through 16. If any part of this Arbitration provision is determined to be void or unenforceable, then\nthis entire Arbitration provision shall be considered null and void; however, it shall not affect the validity of the rest of this\nAgreement.\nCredit Bureau Disputes. If you believe we inaccurately reported credit history information about you or your Account to a\ncredit reporting agency, write to us at: Credit Bureau Reporting Services, 6250 Ridgewood Road, St Cloud, MN 56303.\nPlease include a copy of the credit report reflecting the information that you believe is inaccurate.\nAll Accounts, including California and Utah Residents: As required by applicable law, you are hereby notified that a\nnegative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the\nterms of your credit obligations.\nAll Accounts, including New York/Rhode Island/Vermont Residents: You agree to give WebBank (1-801-456-8350)\nas well as its agents, successors, and assigns permission to access your credit report in connection with any transaction,\nor extension of credit, and on an ongoing basis, for the purpose of reviewing your Account, adjusting the credit limit on\nyour Account, taking collection action on your Account, or for any other legitimate purposes associated with your Account.\nAlimony, child support or separate maintenance payments need not be revealed if you do not want us to consider it in\ndetermining your creditworthiness. Upon your request, you will be informed of whether or not a consumer credit report\nwas ordered, and if it was, you will be given the name and address of the consumer reporting agency that furnished the\nreport.\nConnecticut Residents: Damages may be imposed if a check is dishonored. Connecticut General Statutes \xe0\xb8\xa2\xe0\xb8\x87 52-565a\nauthorizes our collection of damages for dishonored checks; criminal penalties may also apply.\nMaryland Residents: Maryland law requires that if you send us a written request about the status of your Account and\nwe do not answer that request within 60 days after we receive it, you are not required to pay a finance charge for that 60\nday period or until we answer.\nMissouri Residents: If you prepay your Account in full, you may be entitled to a refund of certain interest under Mo. Rev.\nStat. \xe0\xb8\xa2\xe0\xb8\x87 408.170.\nNew Hampshire Residents: Reasonable attorney\'s fees will be awarded to you if you prevail in (a) any action, suit or\nproceeding brought by us, or (b) any action brought by you. If you successfully assert a partial defense or set-off,\nrecoupment or counterclaim to an action brought by us, the court may withhold from us the entire amount or such portion\nof the attorney fees as the court considers equitable.\n\nhttps://www.fingerhut.com/content/footer-terms\n\n7/8\n\n\x0c7/14/2021\n\nFingerhut\n\nNew York Residents: New York residents may contact the New York state department of financial services by telephone\nor visit its website for free information on comparative credit card rates, fees and grace periods. The New York state\ndepartment of financial services\' telephone number is 1-800-342-3736, and its website is http://www.dfs.ny.gov.\nOhio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all\ncreditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon\nrequest. The Ohio Civil Rights Commission administers compliance with this law.\nMarried Wisconsin Residents: No provision of any marital property agreement, any unilateral statement, or court decree\nunder Wisconsin\'s Marital Property Act adversely affects the interest of a creditor unless, prior to the time credit is\ngranted, the creditor is furnished a copy of that agreement, statement or decree or has actual knowledge of the adverse\nprovision when the obligation to the creditor is incurred. We may require that you pay the entire amount that you have\noutstanding if you do not pay amounts that come due 2 times within 12 month period. You will also have to pay your entire\namount outstanding if you fail to do anything required in this agreement and that failure makes it likely that you will not be\nable to pay your bills from us as they become due.\nTexas Residents: To contact us about your Account call 1-800-208-2500. This contract is subject in whole or in part to\nTexas law which is enforced by the Consumer Credit Commissioner, 2601 North Lamar Boulevard, Austin, Texas 787054207. Phone (800) 538-1579; www.occc.texas.gov. Contact the Commissioner relative to any inquires or complaints.\n\nhttps://www.fingerhut.com/content/footer-terms\n\n8/8\n\n\x0c'