b'Citadel Choice Mastercard\xc2\xae Agreements & Disclosures\n\nM-131841\n\nInterest Rates and Interest Charges\nHow to Avoid Paying Interest\n\nYour due date is 25 days after the close of each billing cycle. We will not charge you any interest on\npurchases if you pay your entire balance by the due date each month. Interest is charged on cash\nadvances and balance transfers from the date the advance is made.\n\nFor Credit Card Tips From The Consumer\nFinancial Protection Bureau\n\nTo learn more about the factors to consider when applying for or using a credit card, visit the website\nof the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore\n\nFees\nTransaction Fees\nCash Advance Fee\nForeign Transaction Fee\n\nUp to 5% of amount advanced ($10.00 minimum)\n1.1% of transaction amount in U.S. dollars.\n\nPenalty Fees\nLate Fee\nReturned Check Fee\n\nUp to $35.00\nUp to $25.00\n\nHow We Will Calculate Your Balance: We use a method called the \xe2\x80\x9cAverage Daily Balance (including new purchases).\xe2\x80\x9d\nBilling Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your account agreement.\nThe information about the costs of the card described is accurate as of 8/20. This information may have changed after that date. To find out what may have changed, call us at (800) 666-0191.\nYour APR may change on a monthly basis. The APR is established using The Wall Street Journal Prime Rate 10 days prior to the end of the month and changes on the first of the following month.\nWe calculate your rate by adding a margin of 3.99% - 14.99% to the Prime Rate. The result is your APR.\nThere is no limit on the amount by which your APR will increase at one time, but it will never be greater than 17.99% APR. Rate changes may result in an increase in the minimum payment or an\nincrease in time it will take to pay off the balance on card. Please refer to your statement for your APR.\nTo view the full Mastercard Guide to Benefits, visit: CitadelBanking.com/ConsumerGTB\n\nCitadel Choice Mastercard\xc2\xae Line of Credit Agreement\nAgreement between Citadel and the borrower(s):\n\n1. Upon using this card, I agree to be bound by the terms and conditions of Citadel\xe2\x80\x99s credit\ncard agreement. I signifies \xe2\x80\x9cwe\xe2\x80\x9d.\n2. I hereby apply for a line of credit that I can use from time to time and which may be replenished by payment on amounts previously drawn.\n3. This Agreement establishes my request for the issuance of a Mastercard upon approval\nby Citadel. (a) The credit limit approved shall be determined by Citadel, and this credit limit\nwill be drawn upon as I utilize an issued Mastercard Credit Card. (b) The line of credit will be\nrepaid in accordance with terms and conditions issued by Mastercard International, Inc., and in\naccordance with policies established by Citadel\xe2\x80\x99s Board of Directors.\n4. A Finance Charge will be imposed on Mastercard Cash Advances that you obtain through\nthe use of your Mastercard as of the date of each such Cash Advance and will continue to\naccrue until date of payment in full. A Finance Charge will be imposed on the unpaid balance\nfor Credit Purchases from the statement closing date and on Credit Purchases made during\nthe current billing cycle from the date of posting of each such Credit Purchase to your account\nand will continue to accrue until the date the account balance is paid in full only if the New\nBalance indicated on your statement for the prior monthly period is not paid in full within 25\ndays after the statement closing date. If the New Balance indicated on your statement for the\nprior monthly period is paid in full within 25 days after the statement closing date, no Finance\nCharge will be imposed on Credit Purchases made during the current billing cycle.\n\n5. The Periodic Rate used to compute The Finance Charge is the APR divided by 365 multiplied\nby the number of days in the month. Please contact Citadel or refer to your credit card statement to find out the corresponding APR.\n6. The Finance Charge for a billing cycle is computed by applying the daily Periodic Rate to the\nAverage Daily Balance, which is determined by dividing the sum of the daily balances during\nthe billing cycle by the number of days in the cycle. Each daily balance is determined by adding\nto the Previous Balance (the outstanding balance in the account at beginning of the billing\ncycle) all new Mastercard Cash Advances as made and if the Previous Balance was not paid in\nfull within the first 25 days of the billing cycle, all new Credit Purchases as posted through that\ndate, but excluding any unpaid Finance Charges.\n7. In event of suit to collect unpaid balances, all costs, including attorneys\xe2\x80\x99 fees of 33% of\nthe balance due, or such greater amounts as may be reasonable and just and also those costs,\nexpenses and attorneys\xe2\x80\x99 fees incurred in appellate proceedings, shall be imposed.\n8. Issuer has the right to apply the proceeds of any collateral now or hereafter pledged to\nIssuer to secure payment of other indebtedness with Issuer to the payment of your unpaid\nbalance in event of non-payment.\n9. Payments made are applied in the following order: late charges, service fees, interest on\nretail purchases, interest on cash advances, cash advance principal, and retail purchase principal\n(remaining payment).\n\n\x0c10. I agree not to use this credit card for any illegal activity. I understand that by doing so I may\nlose certain rights.\n11. Billing Error Rights Notice Your Billing Rights: Keep this Document for Future Use. This\nnotice tells you about your rights and our responsibilities under the Fair Credit Billing Act.\nWhat To Do If You Find A Mistake On Your Statement. If you think there is an error on\nyour statement, write to us at: Citadel 520 Eagleview Boulevard, Exton, PA 19341. In your letter,\ngive us the following information: (a) Account information: Your name and account number.\n(b) Dollar amount: The dollar amount of the suspected error. (c) Description of problem: If you\nthink there is an error on your bill, describe what you believe is wrong and why you believe it is\na mistake. You must contact us: (a) Within 60 days after the error appeared on your statement.\n(b) At least 3 business days before an automated payment is scheduled, if you want to stop\npayment on the amount you think is wrong. You must notify us of any potential errors in\nwriting. You may call us, but if you do we are not required to investigate any potential errors\nand you may have to pay the amount in question. What Will Happen After We Receive Your\nLetter. When we receive your letter, we must do two things: (a) Within 30 days of receiving\nyour letter, we must tell you that we received your letter. We will also tell you if we have\nalready corrected the error. (b)Within 90 days of receiving your letter, we must either correct\nthe error or explain to you why we believe the bill is correct. While we investigate whether\nor not there has been an error: (a) We cannot try to collect the amount in question, or report\nyou as delinquent on that amount. (b) The charge in question may remain on your statement,\nand we may continue to charge you interest on that amount. (c) While you do not have to\npay the amount in question, you are responsible for the remainder of your balance. (d) We\ncan apply any unpaid amount against your credit limit. After we finish our investigation, one\nof two things will happen: (a) If we made a mistake: You will not have to pay the amount in\nquestion or any interest or other fees related to that amount. (b) If we do not believe there was\na mistake: You will have to pay the amount in question, along with applicable interest and fees.\nWe will send you a statement of the amount you owe and the date payment is due. We may\nthen report you as delinquent if you do not pay the amount we think you owe. If you receive\nour explanation but still believe your bill is wrong, you must write to us within 10 days telling\nus that you still refuse to pay. If you do so, we cannot report you as delinquent without also\nreporting that you are questioning your bill. We must tell you the name of anyone to whom\nwe reported you as delinquent, and we must let those organizations know when the matter\nhas been settled between us. If we do not follow all of the rules above, you do not have to pay\nthe first $50.00 of the amount you question even if your bill is correct. Your Rights If You Are\nDissatisfied With Your Credit Card Purchases. If you are dissatisfied with the goods or\nservices that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount\ndue on the purchase. To use this right, all of the following must be true: (a) The purchase must\nhave been made in your home state or within 100 miles of your current mailing address, and\nthe purchase price must have been more than $50.00. (Note: Neither of these are necessary\nif your purchase was based on an advertisement we mailed to you, or if we own the company\nthat sold you the goods or services.) (b) You must have used your credit card for the purchase.\nPurchases made with cash advances from an ATM or with a check that accesses your credit card\naccount do not qualify. (c) You must not yet have fully paid for the purchase. If all of the criteria\nabove are met and you are still dissatisfied with the purchase, contact us in writing at: Citadel\n520 Eagleview Boulevard, Exton, PA 19341. While we investigate, the same rules apply to the\ndisputed amount as discussed 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, we may report\nyou as delinquent.\n12. I understand and agree that Citadel has the authority to impress and enforce a lien on all\npresent and future shares in my name to the extent of that unpaid balance in event of\nnon-payment.\n13. The minimum monthly periodic payment required is the total New Balance as shown on\nyour monthly billing statement if the amount is under $25.00. If the New Balance exceeds\n$25.00, the minimum periodic payment is 2.25% of that portion of the New Balance which\ndoes not exceed your credit limit, plus the entire portion of the New Balance in excess of your\ncredit limit, plus any amount past due, or $25.00, whichever is greater.\n14. If I lose my Mastercard, I will report the lost card to Citadel as soon as possible.\nReplacement cards will be given to me at a cost of $10.00.\n\n15. Citadel may charge a late fee of up to $35.00 if my monthly payment is more than 5 (five)\ndays past due. At no time will your late fee exceed your outstanding balance. I understand that\nCitadel reserves the right to change the fee at any time with proper written notification.\n16. A Cash Advance Fee of up to 5% of the advance amount will be assessed per Mastercard\nCash Advance transaction. The minimum fee is $10.00. I understand that the Credit Union\nreserves the right to change the fee at any time.\n17. For transactions initiated in foreign currencies, the exchange rate between the transaction\ncurrency and the billing currency (U.S. dollars) will be: (a) a rate selected by Mastercard from\nthe range of rates available in wholesale currency markets for the applicable central processing\ndate, which rate may vary from the rate Mastercard itself receives; or (b) the governmentmandated rate in effect for the applicable central processing date. In each instance you will\nbe charged a fee of 0.90% calculated on the final settlement amount for transactions that are\ninitiated in foreign countries, and if your transaction is also initiated in a foreign currency you\nwill be charged an additional fee of 0.20% calculated on the final converted settlement amount.\n18. I promise to pay any and all charges incurred by me or by any person whom I authorize\nto use the Mastercard Credit Card issued to me.\n19. As a holder of a Mastercard Credit Card, I understand that I can repay any outstanding\nbalance prior to maturity in whole or in part at my option without penalty.\n20. I recognize and agree that I will accept any other conditions established by Citadel\xe2\x80\x99s Board\nof Directors that are necessary to protect the best interest of Citadel and to comply with\napplicable Federal and State laws and regulations, except that Citadel may not assess any other\ncharges to which I have not expressly agreed.\n21. I acknowledge and agree that Citadel\xe2\x80\x99s Loan Review Committee may terminate this\nAgreement under the following conditions: (a) Upon adverse re-evaluation of my credit\nworthiness. (b) Upon my failure to satisfy the terms of this Agreement and the terms and\nconditions established by Citadel\xe2\x80\x99s Board of Directors and by Mastercard International, Inc.\n(c) At my option or at Citadel\xe2\x80\x99s option if it has good cause.\n22. If my line of credit is to be terminated by Citadel, I shall receive written notice of such\ntermination; however, I understand and acknowledge that such termination shall not affect\nmy obligation to pay any outstanding balance.\n23. I understand that Citadel may review my loan file at least once every 12 months. I hereby\ngive my permission to and authorize Citadel to investigate and reassess my credit worthiness\nwith the understanding that this may affect my loan limit depending on the results of the\ncredit inquiry.\n24. I fully understand, acknowledge and agree that if my loans become delinquent or past due\nmy Mastercard Credit Card shall be revoked, unless the Loan Review Committee or the Loan\nOfficer determines that extenuating circumstances have contributed to the delinquency; under\nsuch circumstances, the Loan Review Committee, at its option, may approve my continued use\nof the Mastercard Credit Card.\n25. Federal law provides important protections to members of the Armed Forces and their\ndependents relating to extensions of consumer credit. In general, the cost of consumer credit to\na member of the Armed Forces and his or her dependent may not exceed an annual percentage\nrate of 36 percent. This rate must include, as applicable to the credit transaction or account: The\ncosts associated with credit insurance premiums; fees for ancillary products sold in connection\nwith the credit transaction; any application fee charged (other than certain application fees for\nspecified credit transactions or accounts); and any participation fee charged (other than certain\nparticipation fees for a credit card account). If you want to hear this disclosure verbally, please\ncall 855-640-3707. Not applicable for business credit cards.\n26. Any controversy or claim arising out of or relating to these Agreements And Disclosures,\nor the breach thereof, shall be settled by arbitration administered by the American Arbitration\nAssociation in accordance with its Arbitration Rules and judgment on the award rendered by\nthe arbitrator(s) may be entered in any court having jurisdiction thereof. All parties hereby\nwaive and give up all rights to a jury trial or class action relief.\n\n2707 08/2020\n\n\x0c'


b'Citadel Cash Rewards Mastercard\xc2\xae Agreements & Disclosures\nM-131840\nInterest Rates and Interest Charges\nHow to Avoid Paying Interest\n\nYour due date is 25 days after the close of each billing cycle. We will not charge you any interest on\npurchases if you pay your entire balance by the due date each month. Interest is charged on cash\nadvances and balance transfers from the date the advance is made.\n\nFor Credit Card Tips From The Consumer\nFinancial Protection Bureau\n\nTo learn more about the factors to consider when applying for or using a credit card, visit the website\nof the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore\n\nFees\nTransaction Fees\nCash Advance Fee\nForeign Transaction Fee\n\nUp to 5% of amount advanced ($10.00 minimum)\n1.1% of transaction amount in U.S. dollars.\n\nPenalty Fees\nLate Fee\nReturned Check Fee\n\nUp to $35.00\nUp to $25.00\n\nHow We Will Calculate Your Balance: We use a method called the \xe2\x80\x9cAverage Daily Balance (including new purchases).\xe2\x80\x9d\nBilling Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your account agreement.\nThe information about the costs of the card described is accurate as of 8/20. This information may have changed after that date. To find out what may have changed, call us at (800) 666-0191.\nYour APR may change on a monthly basis. The APR is established using The Wall Street Journal Prime Rate 10 days prior to the end of the month and changes on the first of the following month.\nWe calculate your rate by adding a margin of 7.99% - 14.99% to the Prime Rate. The result is your APR.\nThere is no limit on the amount by which your APR will increase at one time, but it will never be greater than 17.99% APR. Rate changes may result in an increase in the minimum payment or an\nincrease in time it will take to pay off the balance on card. Please refer to your statement for your APR.\nTo view the full Mastercard Guide to Benefits, visit: CitadelBanking.com/CashRewardsGTB\n\nCitadel Cash Rewards Mastercard\xc2\xae Line of Credit Agreement\nAgreement between Citadel and the borrower(s):\n\n1. Upon using this card, I agree to be bound by the terms and conditions of Citadel\xe2\x80\x99s credit\ncard agreement. I signifies \xe2\x80\x9cwe\xe2\x80\x9d.\n2. I hereby apply for a line of credit that I can use from time to time and which may be replenished by payment on amounts previously drawn.\n3. This Agreement establishes my request for the issuance of a Mastercard upon approval\nby Citadel. (a) The credit limit approved shall be determined by Citadel, and this credit limit\nwill be drawn upon as I utilize an issued Mastercard Credit Card. (b) The line of credit will be\nrepaid in accordance with terms and conditions issued by Mastercard International, Inc., and in\naccordance with policies established by Citadel\xe2\x80\x99s Board of Directors.\n4. A Finance Charge will be imposed on Mastercard Cash Advances that you obtain through\nthe use of your Mastercard as of the date of each such Cash Advance and will continue to\naccrue until date of payment in full. A Finance Charge will be imposed on the unpaid balance\nfor Credit Purchases from the statement closing date and on Credit Purchases made during\nthe current billing cycle from the date of posting of each such Credit Purchase to your account\nand will continue to accrue until the date the account balance is paid in full only if the New\nBalance indicated on your statement for the prior monthly period is not paid in full within 25\ndays after the statement closing date. If the New Balance indicated on your statement for the\nprior monthly period is paid in full within 25 days after the statement closing date, no Finance\nCharge will be imposed on Credit Purchases made during the current billing cycle.\n\n5. The Periodic Rate used to compute The Finance Charge is the APR divided by 365 multiplied\nby the number of days in the month. Please contact Citadel or refer to your credit card statement to find out the corresponding APR.\n6. The Finance Charge for a billing cycle is computed by applying the daily Periodic Rate to the\nAverage Daily Balance, which is determined by dividing the sum of the daily balances during\nthe billing cycle by the number of days in the cycle. Each daily balance is determined by adding\nto the Previous Balance (the outstanding balance in the account at beginning of the billing\ncycle) all new Mastercard Cash Advances as made and if the Previous Balance was not paid in\nfull within the first 25 days of the billing cycle, all new Credit Purchases as posted through that\ndate, but excluding any unpaid Finance Charges.\n7. In event of suit to collect unpaid balances, all costs, including attorneys\xe2\x80\x99 fees of 33% of\nthe balance due, or such greater amounts as may be reasonable and just and also those costs,\nexpenses and attorneys\xe2\x80\x99 fees incurred in appellate proceedings, shall be imposed.\n8. Issuer has the right to apply the proceeds of any collateral now or hereafter pledged to\nIssuer to secure payment of other indebtedness with Issuer to the payment of your unpaid\nbalance in event of non-payment.\n9. Payments made are applied in the following order: late charges, service fees, interest on\nretail purchases, interest on cash advances, cash advance principal, and retail purchase principal\n(remaining payment).\n\n\x0c10. I agree not to use this credit card for any illegal activity. I understand that by doing so I may\nlose certain rights.\n11. Billing Error Rights Notice Your Billing Rights: Keep this Document for Future Use. This\nnotice tells you about your rights and our responsibilities under the Fair Credit Billing Act.\nWhat To Do If You Find A Mistake On Your Statement. If you think there is an error on\nyour statement, write to us at: Citadel 520 Eagleview Boulevard, Exton, PA 19341. In your letter,\ngive us the following information: (a) Account information: Your name and account number.\n(b) Dollar amount: The dollar amount of the suspected error. (c) Description of problem: If you\nthink there is an error on your bill, describe what you believe is wrong and why you believe it is\na mistake. You must contact us: (a) Within 60 days after the error appeared on your statement.\n(b) At least 3 business days before an automated payment is scheduled, if you want to stop\npayment on the amount you think is wrong. You must notify us of any potential errors in\nwriting. You may call us, but if you do we are not required to investigate any potential errors\nand you may have to pay the amount in question. What Will Happen After We Receive Your\nLetter. When we receive your letter, we must do two things: (a) Within 30 days of receiving\nyour letter, we must tell you that we received your letter. We will also tell you if we have\nalready corrected the error. (b)Within 90 days of receiving your letter, we must either correct\nthe error or explain to you why we believe the bill is correct. While we investigate whether\nor not there has been an error: (a) We cannot try to collect the amount in question, or report\nyou as delinquent on that amount. (b) The charge in question may remain on your statement,\nand we may continue to charge you interest on that amount. (c) While you do not have to\npay the amount in question, you are responsible for the remainder of your balance. (d) We\ncan apply any unpaid amount against your credit limit. After we finish our investigation, one\nof two things will happen: (a) If we made a mistake: You will not have to pay the amount in\nquestion or any interest or other fees related to that amount. (b) If we do not believe there was\na mistake: You will have to pay the amount in question, along with applicable interest and fees.\nWe will send you a statement of the amount you owe and the date payment is due. We may\nthen report you as delinquent if you do not pay the amount we think you owe. If you receive\nour explanation but still believe your bill is wrong, you must write to us within 10 days telling\nus that you still refuse to pay. If you do so, we cannot report you as delinquent without also\nreporting that you are questioning your bill. We must tell you the name of anyone to whom\nwe reported you as delinquent, and we must let those organizations know when the matter\nhas been settled between us. If we do not follow all of the rules above, you do not have to pay\nthe first $50.00 of the amount you question even if your bill is correct. Your Rights If You Are\nDissatisfied With Your Credit Card Purchases. If you are dissatisfied with the goods or\nservices that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount\ndue on the purchase. To use this right, all of the following must be true: (a) The purchase must\nhave been made in your home state or within 100 miles of your current mailing address, and\nthe purchase price must have been more than $50.00. (Note: Neither of these are necessary\nif your purchase was based on an advertisement we mailed to you, or if we own the company\nthat sold you the goods or services.) (b) You must have used your credit card for the purchase.\nPurchases made with cash advances from an ATM or with a check that accesses your credit card\naccount do not qualify. (c) You must not yet have fully paid for the purchase. If all of the criteria\nabove are met and you are still dissatisfied with the purchase, contact us in writing at: Citadel\n520 Eagleview Boulevard, Exton, PA 19341. While we investigate, the same rules apply to the\ndisputed amount as discussed 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, we may report\nyou as delinquent.\n12. I understand and agree that Citadel has the authority to impress and enforce a lien on all\npresent and future shares in my name to the extent of that unpaid balance in event of\nnon-payment.\n13. The minimum monthly periodic payment required is the total New Balance as shown on\nyour monthly billing statement if the amount is under $25.00. If the New Balance exceeds\n$25.00, the minimum periodic payment is 2.25% of that portion of the New Balance which\ndoes not exceed your credit limit, plus the entire portion of the New Balance in excess of your\ncredit limit, plus any amount past due, or $25.00, whichever is greater.\n14. If I lose my Mastercard, I will report the lost card to Citadel as soon as possible.\nReplacement cards will be given to me at a cost of $10.00.\n\n15. Citadel may charge a late fee of up to $35.00 if my monthly payment is more than 5 (five)\ndays past due. At no time will your late fee exceed your outstanding balance. I understand that\nCitadel reserves the right to change the fee at any time with proper written notification.\n16. A Cash Advance Fee of up to 5% of the advance amount will be assessed per Mastercard\nCash Advance transaction. The minimum fee is $10.00. I understand that the Credit Union\nreserves the right to change the fee at any time.\n17. For transactions initiated in foreign currencies, the exchange rate between the transaction\ncurrency and the billing currency (U.S. dollars) will be: (a) a rate selected by Mastercard from\nthe range of rates available in wholesale currency markets for the applicable central processing\ndate, which rate may vary from the rate Mastercard itself receives; or (b) the governmentmandated rate in effect for the applicable central processing date. In each instance you will\nbe charged a fee of 0.90% calculated on the final settlement amount for transactions that are\ninitiated in foreign countries, and if your transaction is also initiated in a foreign currency you\nwill be charged an additional fee of 0.20% calculated on the final converted settlement amount.\n18. I promise to pay any and all charges incurred by me or by any person whom I authorize\nto use the Mastercard Credit Card issued to me.\n19. As a holder of a Mastercard Credit Card, I understand that I can repay any outstanding\nbalance prior to maturity in whole or in part at my option without penalty.\n20. I recognize and agree that I will accept any other conditions established by Citadel\xe2\x80\x99s Board\nof Directors that are necessary to protect the best interest of Citadel and to comply with\napplicable Federal and State laws and regulations, except that Citadel may not assess any other\ncharges to which I have not expressly agreed.\n21. I acknowledge and agree that Citadel\xe2\x80\x99s Loan Review Committee may terminate this\nAgreement under the following conditions: (a) Upon adverse re-evaluation of my credit\nworthiness. (b) Upon my failure to satisfy the terms of this Agreement and the terms and\nconditions established by Citadel\xe2\x80\x99s Board of Directors and by Mastercard International, Inc.\n(c) At my option or at Citadel\xe2\x80\x99s option if it has good cause.\n22. If my line of credit is to be terminated by Citadel, I shall receive written notice of such\ntermination; however, I understand and acknowledge that such termination shall not affect\nmy obligation to pay any outstanding balance.\n23. I understand that Citadel may review my loan file at least once every 12 months. I hereby\ngive my permission to and authorize Citadel to investigate and reassess my credit worthiness\nwith the understanding that this may affect my loan limit depending on the results of the\ncredit inquiry.\n24. I fully understand, acknowledge and agree that if my loans become delinquent or past due\nmy Mastercard Credit Card shall be revoked, unless the Loan Review Committee or the Loan\nOfficer determines that extenuating circumstances have contributed to the delinquency; under\nsuch circumstances, the Loan Review Committee, at its option, may approve my continued use\nof the Mastercard Credit Card.\n25. Federal law provides important protections to members of the Armed Forces and their\ndependents relating to extensions of consumer credit. In general, the cost of consumer credit to\na member of the Armed Forces and his or her dependent may not exceed an annual percentage\nrate of 36 percent. This rate must include, as applicable to the credit transaction or account: The\ncosts associated with credit insurance premiums; fees for ancillary products sold in connection\nwith the credit transaction; any application fee charged (other than certain application fees for\nspecified credit transactions or accounts); and any participation fee charged (other than certain\nparticipation fees for a credit card account). If you want to hear this disclosure verbally, please\ncall 855-640-3707. Not applicable for business credit cards.\n26. Any controversy or claim arising out of or relating to these Agreements And Disclosures,\nor the breach thereof, shall be settled by arbitration administered by the American Arbitration\nAssociation in accordance with its Arbitration Rules and judgment on the award rendered by\nthe arbitrator(s) may be entered in any court having jurisdiction thereof. All parties hereby\nwaive and give up all rights to a jury trial or class action relief.\n\n2707 8/2020\n\n\x0c'


b'DELL PREFERRED ACCOUNT CREDIT AGREEMENT\nIMPORTANT MESSAGE FOR CUSTOMERS\nFollowing is the DELL PREFERRED ACCOUNT CREDIT AGREEMENT that governs the Dell\nPreferred Account you requested for purposes of financing the purchase of goods and/or\nservices from Dell Inc. or its affiliates (\xe2\x80\x9cDell\xe2\x80\x9d), or other participating retailers who accept\nthe Dell Preferred Account (each, a \xe2\x80\x9cParticipating Merchant\xe2\x80\x9d). Please read it carefully. IT\nCONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS,\nAS WELL AS LIMITATIONS AND EXCLUSIONS. UNDER THIS AGREEMENT YOU MAY BE\nREQUIRED TO RESOLVE DISPUTES WITH WEBBANK, DELL FINANCIAL SERVICES (\xe2\x80\x9cDFS\xe2\x80\x9d),\nAND OTHERS THROUGH ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN A\nCOURT PROCEEDING. If you reject the terms and conditions contained in the Agreement,\nyou still have time to cancel your Account and avoid any interest charges and other credit\ncosts.\nIF YOU WISH TO DECLINE THE TERMS AND CONDITIONS CONTAINED IN THE\nAGREEMENT, YOU MUST CALL 1-800-879-9500 FOR DELL PURCHASES OR 1-800-283-2210\nFOR PARTICIPATING MERCHANT PURCHASES WITHIN 3 DAYS OF RECEIPT OF THE\nAGREEMENT. You will need to provide the phone representative with your Dell Preferred\nAccount number, your Dell Customer Number or Participating Merchant Customer Number\nand/or your Order Number(s). The phone representative will communicate with WebBank\nto ensure that your Account will not become effective. If you made a purchase from Dell,\nthe phone representative will either cancel your order or obtain another method of\npayment. If you made a purchase from a Participating Merchant, you should return the\nitems purchased to the Participating Merchant. If your purchase arrives at your home after\nyou have canceled it and the shipment is left at your home without a signature, do not\nopen the boxes. Call the carrier and tell them that you are refusing shipment. The carrier\nwill arrange with you to pick up the shipment and return it to Dell or the Participating\nMerchant\nIf you do not contact DFS to cancel your Account and fail to return your purchase to\nDell or the Participating Merchant within the applicable return period, your acceptance\nof any products you purchased constitutes use of the credit offered and acceptance of\nthe terms and conditions of the Agreement. Your acceptance of the Agreement will\nauthorize DFS and/or its affiliates to request an advance of funds pursuant to the\nAgreement to pay for your purchase from Dell or the Participating Merchant.\nSPECIAL NOTICE TO ACTIVE MEMBERS OF THE ARMED FORCES: If you are an\nactive member of the Armed Forces, or a dependent of an active member of the Armed\nForces at the time you established your Account, and you established your Account on or\nafter October 3, 2016, the following additional terms apply to this Agreement:\n\xe2\x80\xa2\n\nThis Agreement is modified so that the provisions under the headings \xe2\x80\x9cArbitration\nNotice\xe2\x80\x9d and \xe2\x80\x9cArbitration\xe2\x80\x9d do not apply to you.\n\n\x0c\xe2\x80\xa2\n\nFederal law provides important protections to members of the Armed Forces and\ntheir dependents relating to extensions of consumer credit. In general, the cost of\nconsumer credit to a member of the Armed Forces and his or her dependent may\nnot exceed an annual percentage rate of 36%.\nDELL PREFERRED ACCOUNT CREDIT AGREEMENT\n\nOffered by WebBank, Member FDIC, and serviced by Dell Financial Services.\nDefinitions. The word \xe2\x80\x9cAgreement\xe2\x80\x9d refers to your Dell Preferred Account Credit\nAgreement. In this Agreement, the words \xe2\x80\x9cyou\xe2\x80\x9d and \xe2\x80\x9cyour\xe2\x80\x9d mean the person who\napplied for this Dell Preferred Account. With the exception of the arbitration\nprovision, the words \xe2\x80\x9cwe\xe2\x80\x9d, \xe2\x80\x9cus\xe2\x80\x9d, and \xe2\x80\x9cour\xe2\x80\x9d mean WebBank, who is the lender.\n\xe2\x80\x9cAccount\xe2\x80\x9d means your Dell Preferred Account, which will be governed by this\nAgreement. Dell Financial Services (\xe2\x80\x9cDFS\xe2\x80\x9d) will service your Account for WebBank.\nUse of Your Account. Your use of the open-end credit offered pursuant to this\nAgreement, or its use by anyone you authorize, shall constitute acceptance of the\nterms of this Agreement and the arbitration provision contained in this Agreement. Your use\nof the Account also acknowledges that you are of legal age to enter into a binding agreement\nwith us.\nBilling Period. A Billing Period is the interval between monthly billing statements. The\nStatement Closing Date is the last day of the Billing Period for that statement.\nPayment. You promise to pay us for all purchases charged to your Account plus any Interest\nCharges and any other charges that may be assessed as provided in this Agreement. You\npromise to pay at least the Minimum Payment Due as shown on your billing statement each\nmonth by the Payment Due Date. We will advise you of your Payment Due Date each month\non your billing statement. Your Payment Due Date will be the same day of the month for\neach monthly Billing Period and will be at least 22 days after the close of each Billing Period.\nYour Minimum Payment Due is the greater of either $20 or the sum of all past due amounts\nplus any Monthly Planned Payment Due plus 3% of the New Balance shown on your billing\nstatement (excluding any balance on a Planned Payment Purchase prior to its expiration\ndate), rounded up to the next dollar. However, the Minimum Payment Due for any Billing\nCycle will never be greater than the total balance outstanding on the Account at the end of\nsuch Billing Period. At any time we can require you to pay all amounts by which your balance\nexceeds your Credit Limit. You may pay all or any part of your balance at any time without\npenalty.\nWhen Periodic Interest Charge is Imposed. Interest Charges on purchases will\naccrue from the date the transaction posts to your Account until the date we receive\npayment in full of the balance on your Account. However, if you paid in full the New\nBalance from your immediately preceding Billing Period by the Payment Due Date shown\non the statement, then: (1) if your Previous Balance was $0 and you pay the New Balance\nfor the current Billing Period by the Payment Due Date shown, you will not be charged\n\n\x0cany Interest Charges; and (2) if you make a payment by the Payment Due Date shown\non the current statement that is less than the New Balance, that payment will be credited\nas of the payment date and interest will be assessed.\nPeriodic Interest Charge. We figure the \xe2\x80\x9cInterest Charge\xe2\x80\x9d on your Account for any\nBilling Period by applying the Daily Periodic Rate to the Average Daily Balance of your\nAccount (including new purchases) and multiplying the result by the number of days in the\nBilling Period. To determine your \xe2\x80\x9cAverage Daily Balance,\xe2\x80\x9d we calculate a new balance\neach day of the Billing Period for each separate credit plan that is part of your Account.\nFor each credit plan we do the following: we take the previous balance each day, which\nincludes any billed, but unpaid Interest Charges, Late Payment Fees and other fees, add\nany new purchases or charges, and subtract any payments or other credits. Then, we add\nup all the New Balances for the Billing Period, and divide the total by the number of days\nin the Billing Period. This gives us the Average Daily Balance for each separate credit plan\nthat is part of your Account. The Average Daily Balance computation results in the\ncompounding of interest on your Account, and you agree that we may compound interest\non your Account. Please see above, under \xe2\x80\x9cWhen Periodic Interest Charge is Imposed,\xe2\x80\x9d for\nspecial rules that apply if new purchases are posted to your Account in Billing Periods when\nyour prior Billing Period\xe2\x80\x99s New Balance was $0 or was paid in full. Interest Charges for\npurchases subject to a Promotional Credit Plan with a deferred interest feature will not be\nadded to your Account if you pay your balance in full by the appropriate Payment Due Date.\nIf the Interest Charge on any billing statement is less than $2, a minimum Interest Charge\nfee of $2 will be imposed. The fee will be referred to on your billing statement as \xe2\x80\x9cMinimum\nInterest Charge Fee.\xe2\x80\x9d\nPeriodic Rate. The Daily Periodic Rate and corresponding Annual Percentage Rate (APR)\nare variable rates and may change each month. The Corresponding Annual Percentage\nRate (the APR for purchases) that applies to your Account is determined by adding a\nMargin to the Index, which is described below.\nThe Daily Periodic Rate is determined by multiplying the APR for purchases by 1/365th\n(1/366th in a leap year).\nThe current corresponding APR for purchases, Daily Periodic Rate, Margin and any additional\nrestrictions on how we determine the Annual Percentage Rate appear on the Pricing\nAddendum that accompanies and is a part of this Agreement.\nThe Index is the Prime Rate published in the \xe2\x80\x9cMoney Rates\xe2\x80\x9d table by The Wall Street Journal\nthe business day immediately preceding the first day of your billing cycle. Any change in the\nIndex will cause the corresponding Annual Percentage Rate to be adjusted as of the first day\nof your Billing Period that begins after the change.\nPromotional Credit Plans. In addition to purchases that accrue Interest Charges and\nrequire monthly payments as described previously in this Agreement, Promotional Credit\nPlans may be offered from time to time on specific purchases. A Promotional Credit Plan\nis strictly limited by its terms and the terms and conditions of the promotion to which it\n\n\x0crelates. In addition, the benefits of a Promotional Credit Plan may expire and all accrued\nInterest Charges in these plans will be added to your Account if your Account is placed\nin default. The promotions that may be offered include:\na) No Interest Credit Plan (sometimes referred to as \xe2\x80\x9cSpecial Financing\xe2\x80\x9d) \xe2\x80\x93 If you pay\nthe full purchase price before the expiration date of the promotion, as indicated on\nyour billing statement, and pay the Minimum Payment Due each Billing Period when\ndue, no Interest Charges will be imposed on the purchase. If such payments are\nnot made, Interest Charges from the date the transaction posts will be added to\nyour Account at the end of the promotion period. We may offer promotion periods\nof different lengths that we will announce from time to time. During the last two\nmonths of any No Interest Credit Plan, amounts paid over the Minimum Payment Due\nwill be applied to the remaining balance of the No Interest Credit Plan about to expire.\nb) Promotional Rate Plans \xe2\x80\x93 We may offer Promotional Rate Plans with promotional\nperiods of different lengths that we will announce from time to time for a specified\nnumber of days.\nc) Planned Payment Purchases \xe2\x80\x93 Promotional purchases on which no interest will be\ncharged on the purchase, repaid in substantially equal monthly installments called\n\xe2\x80\x9cMonthly Planned Payment\xe2\x80\x9d. Planned Payment Purchases will be subject to the\nrepayment terms offered at the time of the Purchase. You promise to pay each\nMonthly Planned Payment by the applicable Payment Due Date during the\npromotional period and pay the Purchase balance in full by the Expiration Date. If\nyou fail to pay the Purchase balance in full by the Expiration Date, any remaining\nbalance after the Expiration Date will be subject to your Standard APR.\nCredit Limit. Your \xe2\x80\x9cCredit Limit\xe2\x80\x9d on your Account will be shown on your billing\nstatement. You, not we, are responsible for preventing the balance on your Account\nfrom exceeding the Credit Limit. You agree not to make any purchases that would make the\nunpaid balance on your Account exceed your Credit Limit. If you exceed your Credit Limit,\nwe may require you to immediately pay the excess and related Interest Charges. You also\nagree that we may increase or lower your Credit Limit at any time.\nCharges. The following fees, when imposed, will be added to your Account balance. The\nfollowing amounts are our current fee charges. We reserve the right to change the fee\nschedule from time to time and, if we do so, we will give you any notice required by law.\nYou may call Customer Service for a current fee schedule.\n\xe2\x80\xa2 A Late Payment Fee will be imposed if you fail to pay us the Minimum Payment Due\nin full by the Payment Due Date on your billing statement. The Late Payment Fee will\nbe $29 for the first late payment and $40 for additional late payments within the next\n6 billing cycles after any prior late payment but will not be more than the amount of\nyour Total Minimum Payment Due immediately prior to the late payment.\n\xe2\x80\xa2 A Returned Payment Fee will be imposed if your bank returns your check or payment\ninstrument to us unpaid, or will not honor your direct debit, or we cannot process\nsuch payment for any reason. The Returned Payment Fee will be $29 for the first\nreturned payment and $40 for additional returned payments within the next 6 billing\ncycles after any prior returned payment but will not be more than the amount of\n\n\x0c\xe2\x80\xa2\n\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nyour Total Minimum Payment Due immediately prior to the returned payment. You\nwill incur the Returned Payment Fee even if your payment is later honored by your\nbank upon subsequent presentment.\nThe $2 minimum Interest Charge imposed on any billing statement for which a\nperiodic Interest Charge is imposed as described in the paragraph entitled \xe2\x80\x9cPeriodic\nInterest Charge.\xe2\x80\x9d It will appear on your billing statement as \xe2\x80\x9cMinimum Interest\nCharge Fee.\xe2\x80\x9d\nMiscellaneous Fees may be imposed, including a charge for copies of billing\nstatements that we are not required by law to furnish you without charge. The rates\nare: research time $15 per hour and billing statements $4 per copy.\nAn Expedited Payment Fee of up to $15 per payment may be imposed for authorizing\na customer service representative to process a one-time expedited payment through\nthe use of Automated Clearing House procedures or other electronic funds transfers\nfrom your checking account. This fee does not apply if you sign up for an ongoing\nautomatic payment plan where payments are deducted routinely from a designated\naccount.\n\nForm of Payment. All payments must be in U.S. Dollars, and be made by check, money\norder, electronic funds transfer or such other means as we may expressly permit. Do not\nsend cash. Payments made via a credit card will not be accepted. Any payment made using\na check or draft may not be processed or applied to your Account if it is: postdated;\nincomplete (such as when a signature is missing); the numeric amount is different than the\nwritten amount; or it is not made payable in accordance with the instructions on your billing\nstatement. All credits for payments on your Account are subject to final payment by the\ninstitution on which the item of payment was drawn. When you provide a check as payment,\nyou authorize us either to use information from your check to make a one-time electronic\nfund transfer from your bank account or to process the payment as a check transaction.\nWhen we use information from your check to make an electronic fund transfer, funds may\nbe withdrawn from your bank account as soon as the same day we receive your payment,\nand you will not receive your check back from your financial institution. If you submit as\npayment 3 electronic funds transfers returned for any reason in any 12 month period, you\nagree that we may refuse to accept subsequent payments by electronic funds transfer even\nif any of the checks was later accepted by your bank.\nGenerally, we will not accept any payment that is not drawn either on a financial institution\nlocated in the U.S. or the U.S. Post Office. If we do, we may charge you any bank collection\nfees we incur. We can accept late or partial payments, and payments that are marked with\nrestrictive endorsements such as \xe2\x80\x9cpayment in full,\xe2\x80\x9d without losing any of our rights.\nPLEASE REMIT PAYMENTS TO: Dell Preferred Account, Payment Processing\nCenter, P.O. Box 6403 Carol Stream, IL 60197-6403.\nApplication of Payments. We will apply payments to your Account consistent with\napplicable law. This means that we apply Minimum Payment Due amounts to any Planned\nPayment Purchases first. We will generally apply payments in excess of the Minimum\nPayment Due to balances with the higher APRs before balances with the lower APRs.\n\n\x0cAlthough we apply payments as of the date we receive them if they are paid in accordance\nwith this Agreement and the instructions on your billing statement, your available Credit\nLimit may not reflect credit for your payment for up to 10 days after we receive your\npayment. In some circumstances, restoring your total available credit may be further\ndelayed.\nDefault. Your Account will be in default if: (1) you exceed the Credit Limit in effect on your\nAccount; (2) you fail to pay when due any amount owed under this Agreement; or (3) you\nmade any misrepresentations to us in applying for credit. If you are in default we may require\nyou to pay the total outstanding balance on your Account immediately. We do not have to\nnotify you or demand payment in order to take this action. As described below under Account\nCancellation, we can cancel or suspend your right to charge additional purchases to your\nAccount at any time.\nCollection Costs and Attorney Fees. As permitted by law, you agree to pay all reasonable\nattorney fees, court costs and other collection costs actually incurred by us in the collection\nof any amounts you owe us under this Agreement or which are incurred by us in the event\nof your bankruptcy or insolvency.\nSecurity Interest. To the extent permitted by applicable law, you hereby grant to us\nand we are retaining a purchase money security interest under the Uniform Commercial\nCode in the merchandise purchased on your Account until such merchandise is paid for\nin full. You agree to assist us in executing any documents necessary to perfect our\nsecurity interest. If you do not make a Minimum Payment Due on your Account by the\nPayment Due Date, we may repossess any merchandise that has not been paid for in full to\nthe extent permitted by law.\nAccount Cancellation. You may cancel your Account at any time by notifying us in\nwriting. We may at any time and for any reason, without prior notice refuse to authorize\nany purchase on your Account, or suspend your Account and your right to use your\nAccount. In addition, we may at any time and for any reason, without prior notice, cancel\nyour Account. If we cancel your Account, we may require you to pay the full outstanding\nbalance of your Account. No cancellation or suspension of your Account will affect your\nobligation to pay any amount you owe us under this Agreement. You agree that you will\nnot try to make a purchase after you have been notified that your Account has been\ncanceled.\nFinal Agreement. This Agreement is a final expression of the agreement between you and\nus and may not be contradicted by evidence of any alleged oral agreement.\nAmendments to This Agreement. We may change or terminate the terms in this\nAgreement or the services or features of your Account (including increasing your Interest\nCharges) at any time as permitted by law. We may also add new terms to this Agreement\nor services and features to your Account. Any change in terms or any new terms may apply\nto any outstanding balance as well as on subsequent transactions and balances. To the\nextent required by law, we will notify you in advance of any changes in terms or any new\n\n\x0cterms and any right to reject such changes by mailing a notice to you at your address as\nshown on our records. However, no amendment will eliminate our obligations relating to\narbitration. Any dispute that arose before an amendment shall be governed by this\nAgreement (including the binding individual arbitration clause) that was in place when the\nDispute arose.\nAssignment of Account. We may sell or transfer your Account or any amounts owed on\nyour Account to another party at any time without prior notice to you. If we assign your\nAccount, this Agreement will still be in effect and any successor will have our rights in this\nAgreement to the extent assigned. Following an assignment, the words \xe2\x80\x9cwe\xe2\x80\x9d, \xe2\x80\x9cus\xe2\x80\x9d, and \xe2\x80\x9cour\xe2\x80\x9d\nin this Agreement shall refer to any assignee. You shall not have any right to transfer your\nAccount or assign this Agreement to anyone.\nTelephone Monitoring. Telephone communications with us, including calls with any of our\nagents or independent contractors, are routinely monitored and/or recorded. You expressly\nconsent, on behalf of yourself and other users of your phone, to being monitored or\nrecorded.\nMobile Phone Communications. If you have already or in the future provide us with a\nmobile phone number as your contact number, you expressly authorize us, and our agents\nor independent contractors, to contact you regarding your Account for non-telemarketing\ncommunications, via text message or mobile telephone, including by way of pre-recorded or\nauto-dialed calls, using that mobile phone number. Normal mobile phone charges or text\nmessage rates may apply. Your consent to use your mobile phone number may be revoked\nby calling 1-800-283-2210 or by sending a written notice to us, online or by U.S. Mail, at one\nof the following addresses:\nMyDFS.dell.com\nor\nDell Financial Services\nP.O. Box 81575\nAustin, Texas 78708-1575\nAny revocation by you regarding your mobile phone number shall not revoke our right to\ncontact you utilizing any other contact information you previously provided to us or may\nprovide later.\nChange of Address. If you move or change your billing address or e-mail address, you\nagree to promptly notify us of your new address in writing or online at MyDFS.dell.com.\nAuthorized Users. You may give another person authorization to use your Account. You\nare liable for all use of your Account, and you agree to pay all amounts incurred by the use\nof your Account, made by you or anyone to whom you have given authorization to use your\nAccount.\n\n\x0cLiability for Unauthorized Use. If you notice the loss or theft of your Account or a possible\nunauthorized use of your Account, you should call us immediately at 1-866-228-9620. You\nmust also contact us in writing to provide information about the loss, theft or potential\nunauthorized use of your Account at:\nDell Financial Services, Attn: Security Department, P.O. Box 81565, Austin, TX 78708\nYou will not be liable for any unauthorized use that occurs after you notify us. You may,\nhowever, be liable for unauthorized use that occurs before your notice to us. In any case,\nyour liability will not exceed $50.\nUnauthorized use does not include use by a person to whom you have given authority to\nuse your Account.\nCredit Investigation and Reporting. You agree that we may investigate your credit in\nconnection with the initial extension, review, or collection of your Account. You agree that\nwe may examine employment and income records and verify your credit references and also\nmay report to credit reporting agencies the status and payment history of your Account.\nDelay in Taking Action. We will not lose any of our rights under this Agreement if we\ndelay taking action for any reason. To the extent allowed by law, we may take other action\nnot described in this Agreement, and by doing so will not lose our rights under this\nAgreement.\nSeverability. If any provision of this Agreement is found to be unenforceable, all other\nprovisions shall remain in full force and effect.\nApplicable Law. The laws of the United States of America, including the Federal Arbitration\nAct, 9 U.S.C. Sections 1-16 (the \xe2\x80\x9cFAA\xe2\x80\x9d), and the laws of the State of Utah apply to and\ngovern this Agreement and your use of your Account.\nNOTICE\nANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL\nCLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE\nSELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF.\nRECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY\nTHE DEBTOR HEREUNDER.\n\nARBITRATION NOTICE\nTHIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE. PLEASE READ THIS\nPROVISION CAREFULLY. IT PROVIDES THAT ANY CLAIM RELATING TO YOUR\nACCOUNT MAY BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION. YOU ARE\nENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER\n\n\x0cAND MORE LIMITED THAN RULES APPLICABLE IN COURT, AND ARBITRATION\nDECISIONS ARE SUBJECT TO VERY LIMITED REVIEW. CLAIMS MAY BE ARBITRATED\nONLY ON AN INDIVIDUAL BASIS. IF EITHER PARTY CHOOSES TO ARBITRATE A\nCLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN\nCOURT OR TO HAVE A JURY TRIAL ON THAT CLAIM, OR TO PARTICIPATE IN A\nCLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIM.\nArbitration. Except as expressly provided herein, any claim, dispute or controversy\n(whether based upon contract, tort, intentional or otherwise, constitution, statute, common\nlaw, or equity and whether pre-existing, present or future including initial claims, counterclaims, cross-claims and third-party claims), arising from or relating to you applying for,\nobtaining, or using this Account, this Agreement (including the validity or enforceability of\nthis arbitration clause, any part thereof or the entire Agreement), or the relationships which\nresult from this Agreement (\xe2\x80\x9cClaim\xe2\x80\x9d) shall be decided, upon the election of you or us, by\nbinding arbitration pursuant to this arbitration provision and the applicable rules and\nprocedures of the arbitration administrator (including any applicable procedures for\nconsumer-related disputes) in effect at the time the Claim is filed. The party initially\nrequesting arbitration shall select either the American Arbitration Association (\xe2\x80\x9cAAA\xe2\x80\x9d) or\nJAMS (originally, Judicial Arbitration and Mediation Services) as the arbitration\nadministrator. You may change the selection to the other organization listed within 30 days\nafter you receive notice of an election to arbitrate. If a selected arbitration administrator\ndoes not agree to arbitrate a Claim, the remaining arbitration administrator shall be\nselected. Claims may be referred to an administrator other than the AAA or JAMS if both\nAAA and JAMS are not available. We agree not to invoke our right to arbitrate any individual\nClaim you bring in small claims court or an equivalent court so long as the Claim is pending\nonly in that court. It is the intent of the parties to require Claims to be submitted to\narbitration on an individual basis only. Claims subject to this arbitration provision\nmay not be joined or consolidated in arbitration with any Claim of any other\nperson or be arbitrated on a class basis, in a representative capacity on behalf\nof the general public or on behalf of any other person.\nFor the purposes of this arbitration provision, the terms \xe2\x80\x9cwe\xe2\x80\x9d and \xe2\x80\x9cus\xe2\x80\x9d shall mean\nWebBank and Dell Financial Services L.L.C., their parents, direct and indirect subsidiaries,\naffiliates, licensees, predecessors, successors, assigns and any purchaser of the Account\nor any receivables arising from the use of the Account, and each of their respective\nemployees, directors and representatives. In addition, for the purposes of this arbitration\nprovision, \xe2\x80\x9cwe\xe2\x80\x9d and \xe2\x80\x9cus\xe2\x80\x9d shall mean any third party providing any products or services to\nyou or us in connection with your Account (including but not limited to any credit bureau,\ndebt collector or vendor, Participating Merchant, and including their parents, direct and\nindirect subsidiaries, affiliates, licensees, predecessors, successors and assigns, and each\nof their respective employees, directors and representatives) if such third party is a codefendant with us in any Claims asserted by you or if any Claims asserted by you against\nsuch third party arise from or are related to your Account or any products or services\nprovided to you or us in connection with your Account. For the purposes of this arbitration\nprovision, the term \xe2\x80\x9cyou\xe2\x80\x9d shall mean you and any person authorized by you to use your\nAccount.\n\n\x0cAny arbitration pursuant to this provision may be resolved without an in person hearing ,\nas determined by the arbitrator. If a hearing is held, it shall take place within the county\nor parish in which you live or at such other reasonably convenient location as agreed\nby the parties.\nIn any arbitration, we will pay the entire amount of the arbitration fees, including any\nrequired deposit. Each party shall be initially responsible for payment of their own attorney\nfees, witness fees and similar expenses.\nThe arbitrator shall apply applicable substantive law consistent with the FAA and\napplicable statutes of limitation and shall honor all claims of privilege and confidentiality\nrecognized at law. The arbitrator shall have the sole and exclusive authority to resolve\nany dispute relating to the enforceability of this arbitration provision including any\nunconscionability challenge or any other challenge that the Agreement or the arbitration\nprovision is void, voidable, or otherwise invalid. The arbitrator shall be empowered to\ngrant whatever relief would be available in court under law or in equity. At the conclusion\nof the arbitration, the arbitrator may allocate arbitration fees in accordance with applicable\nlaw, provided that such fees do not exceed the filing fees that would have been incurred\nif the Claim had been brought in a state or federal court with jurisdiction over the Claim.\nWhere authorized by applicable law, the arbitrator\xe2\x80\x99s award may also include attorney fees,\nwitness fees and similar expenses. At the request of any party, the arbitrator will provide\na written explanation of the basis for the award and the disposition of each Claim, including\nwritten findings of fact and conclusions of law. Judgment upon the award may be entered\nin any court having jurisdiction.\nThis arbitration provision shall survive termination of your Account as well as the\nrepayment of all amounts you owe under the Agreement. If any provision of this arbitration\nagreement is found unenforceable, the unenforceable provision shall be severed, and the\nremaining arbitration terms shall be enforced (but in no case shall there be a class\narbitration). In the event of a conflict or inconsistency between the rules and procedures of\nthe arbitration administrator and this arbitration provision, this arbitration provision shall\ngovern.\nYOU ACKNOWLEDGE THAT IF A CLAIM ARISES YOU MAY BE REQUIRED TO RESOLVE\nTHE CLAIM THROUGH ARBITRATION AND ARE GIVING UP YOUR RIGHTS TO LITIGATE\nTHAT CLAIM IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION\nOR REPRESENTATIVE ACTION WITH RESPECT TO SUCH A CLAIM. OTHER RIGHTS\nTHAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR\nMAY BE LIMITED IN ARBITRATION.\nYou may contact the arbitration administrators and obtain their arbitration rules or learn how\nto file a Claim with the AAA or JAMS as follows:\nAmerican Arbitration Association\n(800) 778-7879\nwww.adr.org\n\n\x0cJAMS\n(800) 352-5267\nwww.jamsadr.com\nSTATE SPECIFIC DISCLOSURES\nAs required by federal and Utah law, you are hereby notified that a negative credit report\nreflecting on your credit record may be submitted to a credit reporting agency if you fail to\nfulfill the terms of your credit obligations.\nNotice for all accounts, including New York/Rhode Island/Vermont\nResidents: You agree to give us permission to obtain a credit report from a consumer\nreporting agency in connection with this application, any transaction, or extension of\ncredit, and on an ongoing basis, for the purpose of performing a routine and occasional\nverification of credit on your Account, adjusting the credit limit on your Account, taking\ncollection action on your Account, or for any other legitimate purpose associated with\nyour Account. Upon your request, you will be informed of whether or not a consumer credit\nreport was ordered, and if it was, you will be given the name and address of the consumer\nreporting agency that furnished the report. New York residents may contact the New York\nState Department of Financial Services at 1-877-226-5697 or at 1 State Street, New York,\nNY 10004 to obtain a comparative listing of credit card rates, fees and grace periods.\nNotice for California Residents: California law requires that we inform customers that\nshould they fail to fulfill the terms of their credit obligation, a negative report reflecting\non their credit record may be submitted to a credit reporting agency. If you are marr ied,\nyou may apply for a separate account in your own name.\nNotice for Ohio Residents: The Ohio laws against discrimination require that all creditors\nmake credit equally available to all credit worthy customers, and that credit reporting\nagencies maintain separate credit histories on each individual upon request. The Ohio civil\nrights commission administers compliance with this law.\nNotice for Married Wisconsin Residents: If you are married, by submitting your\nAccount application you are confirming that this Account obligation is being incurred in\nthe interest of your marriage and your family. No provision of a marital property\nagreement, a unilateral statement under Sec. 766.59 Wis. Stats., or a court decree under\nSec. 766.70 adversely affects the interest of the creditor unless the creditor, prior to the\ntime the credit is granted, is furnished a copy of the agreement, statement, or decree or\nhas actual knowledge of the adverse provision when the obligation to the creditor is\nincurred. If the Account for which you are applying is granted, you will notify us if you\nhave a spouse who needs to receive notification that credit has been extended to you.\nYour Billing Rights: Keep this Document for Future Use\nThis notice tells you about your rights and our responsibilities under the Fair Credit Billing\nAct.\n\n\x0cWhat to Do If You Find a Mistake on Your Statement\nIf you think there is an error on your statement, write to us at:\nDell Preferred Account\nAttn: Billing Inquiry Department\nP.O. Box 81585\nAustin, TX 78708-1585\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 bill, describe what\nyou believe is wrong and why you believe it is a mistake.\n\nYou must contact us:\n\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 scheduled, if you want to\nstop payment on the amount you think is wrong.\n\nYou must notify us of any potential errors in writing. You may call us, but if you do we are\nnot required to investigate 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 2 things:\n\n1. Within 30 days of receiving your letter, we must tell you that we received your letter.\nWe will also tell you if we have already corrected the error.\n2. Within 90 days of receiving your letter, we must either correct the error or explain to\nyou why we believe the bill is correct.\nWhile we investigate whether or not there has been an error:\n\n\xe2\x80\xa2\n\nWe cannot try to collect the amount in question, or report you as delinquent on the\namount.\n\n\xe2\x80\xa2\n\nThe charge in question may remain on your statement, and we may continue to\ncharge you interest on that amount.\n\n\x0c\xe2\x80\xa2\n\nWhile you do not have to pay the amount in question, you are responsible for the\nremainder 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, 1 of 2 things will happen:\n\xe2\x80\xa2\n\nIf we made a mistake: You will not have to pay the amount in question or any interest\nor 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 amount in question,\nalong with applicable interest and fees. We will send you a statement of the amount\nyou owe and the date payment is due. We may then report you as delinquent if you\ndo not pay the amount we think you owe.\n\nIf you receive our explanation but still believe your bill is wrong, you must write to us within\n10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent\nwithout also reporting that you are questioning your bill. We must tell you the name of\nanyone to whom we reported you as delinquent, and we must let those organizations know\nwhen the matter has been settled between us.\nIf we do not follow all of the rules above, you do not have to pay the first $50 of the amount\nyou question even if your bill is correct.\nYour Rights If You Are Dissatisfied With Your Purchases\nIf you are dissatisfied with the goods or services that you have purchased with Dell Preferred\nAccount, and you have tried in good faith to correct the problem with the merchant, you\nmay have the right not to pay the remaining amount due on the purchase.\nTo use this right, all of the following must be true:\n\n1. The purchase must have been made in your home state or within 100 miles of your\ncurrent mailing address, and the purchase price must have been more than $50.\n(Note: Neither of these are necessary if your purchase was based on an\nadvertisement we mailed to you, or if we own the company that sold you the goods\nor services.)\n2. You must have used your Dell Preferred Account for the purchase. Purchases made\nwith cash advances from an ATM or with a check that accesses your Dell Preferred\nAccount do not qualify.\n3. You must not yet have fully paid for the purchase.\nIf all of the criteria above are met and you are still dissatisfied with the purchase, contact us\nin writing at:\n\n\x0cDell Preferred Account\nAttn: Billing Inquiry Department\nP.O. Box 81585\nAustin, TX 78708-1585\nWhile we investigate, the same rules apply to the disputed amount as discussed above.\nAfter we finish our investigation, we will tell you our decision. At that point, if we think you\nowe an amount and you do not pay, we may report you as delinquent.\n\nTerms Rev. 11182019\n\n\x0c'