b'CONSUMER\nCREDIT CARD\nAGREEMENT\nAND\nDISCLOSURE\nVISA PLATINUM/VISA PLATINUM REWARDS/VISA\nPLATINUM SECURED\nThis Consumer Credit Card Agreement and Disclosure together with the Account Opening Disclosure and any other\nAccount opening documents or any subsequent documents provided to You related to this Account (hereinafter\ncollectively referred to as \xe2\x80\x9cAgreement\xe2\x80\x9d) govern the terms and conditions of this Account. \xe2\x80\x9cWe,\xe2\x80\x9d \xe2\x80\x9cUs,\xe2\x80\x9d \xe2\x80\x9cOur\xe2\x80\x9d and \xe2\x80\x9cOurs\xe2\x80\x9d and\n\xe2\x80\x9cCredit Union\xe2\x80\x9d refers to American Airlines Federal Credit Union with which this Agreement is made. \xe2\x80\x9cYou,\xe2\x80\x9d \xe2\x80\x9cYour,\xe2\x80\x9d and\n\xe2\x80\x9cYours\xe2\x80\x9d refers to each applicant and co-applicant for the Account; any person responsible for paying the Account; and\nanyone You authorize to use, access or service the Account. "Card" means the Visa\xc2\xae credit card and any other access\ndevices, duplicates, renewals, or substitutions, including convenience checks, the Credit Union issues to You. "Account"\nmeans the line of credit established by this Agreement and includes Your Card.\nSECURITY INTEREST\nYou grant the Credit Union a security interest under the Uniform Commercial Code and under any common law rights\nthe Credit Union may have in any goods You purchase.\nIf You give the Credit Union a specific pledge of shares by signing a separate pledge of shares, Your pledged shares\nwill secure Your Account. You may not withdraw amounts that have been specifically pledged to secure Your Account\nuntil the Credit Union agrees to release all or part of the pledged amount.\nYou grant Us a security interest in all individual and joint share and/or deposit accounts You have with Us now\nand in the future to secure Your credit card Account. Shares and deposits in an IRA or any other account that\nwould lose special tax treatment under state or federal law if given as security are not subject to the security\ninterest You have given in Your shares and deposits. You may withdraw these other shares unless You are in\ndefault. When You are in default, You authorize Us to apply the balance in these accounts to any amounts due.\nFor example, if You have an unpaid credit card balance, You agree We may use funds in Your account(s) to pay\nany or all of the unpaid balance. You acknowledge and agree that Your pledge does not apply during any\nperiods when You are a covered borrower under the Military Lending Act. For clarity, You will not be deemed a\ncovered borrower, and Your pledge will apply, if: (i) You established Your credit card Account when You were\nnot a covered borrower; or (ii) You cease to be a covered borrower.\nUnless otherwise prohibited by federal and/or state law, collateral securing other loans You have with the Credit Union\nmay also secure this loan, except that a dwelling will never be considered as security for this Account, notwithstanding\nanything to the contrary in any other Agreement.\n1. USING YOUR ACCOUNT \xe2\x80\x94 By using the Account or keeping the Card, You agree to the terms of this Agreement.\nYou agree to use Your Account in accordance with this Agreement. Your Account must only be used for lawful\ntransactions.\n2. CREDIT LIMIT \xe2\x80\x94 We may establish a credit limit as part of this Agreement, which You promise not to exceed. If You\nexceed the credit limit, You promise to repay immediately the amount which exceeds the credit limit, including amounts\ndue to finance charges, fees or other charges. You may request a credit limit increase on Your Account only by a method\nacceptable to the Credit Union. We may increase or decrease Your credit limit, refuse to make an advance and/or\nterminate Your Account at any time for any reason permitted by law.\n3. CONVENIENCE CHECKS \xe2\x80\x94 We may, from time to time, issue convenience checks to You that may be drawn on\nYour Account. Convenience checks may not be used to make a payment on Your Account. If You use a convenience\ncheck, it will be posted to Your Account as a cash advance. We reserve the right to refuse to pay a convenience check\ndrawn on Your Account for any reason and such refusal shall not constitute wrongful dishonor. You may request that We\nstop the payment of a convenience check drawn on Your Account. You agree to pay any fee as identified in this\nAgreement imposed to stop a payment on a convenience check issued on Your Account. You may make a stop payment\nrequest orally, if permitted, or in writing. Your request must be made with sufficient time in advance of the presentment of\n\xc2\xa9 CUNA Mutual Group 1991, 2006, 09, 10, 12, 14, 16 All Rights Reserved\n\n04223935-MXC30-P-1-111417 (MXC303-E)\n\n\x0cthe check for payment to give Us a reasonable opportunity to act on Your request. In addition, Your request must\naccurately describe the check including the exact Account number, the payee, any check number that may be applicable,\nand the exact amount of the check. If permitted, You may make a stop payment request orally but such a request will\nexpire after 14 days unless You confirm Your request in writing within that time. Written stop payment orders are effective\nonly for six months and may be renewed for additional six month periods by requesting in writing that the stop payment\norder be renewed. We are not required to notify You when a stop payment order expires.\nIf We re-credit Your Account after paying a check over a valid and timely stop payment order, You agree to sign a\nstatement describing the dispute with the payee, to assign to Us all of Your rights against the payee or other holders of\nthe check and to assist Us in any legal action.\nYou agree to indemnify and hold Us harmless from all costs and expenses, including attorney\'s fees, damages, or claims,\nrelated to Our honoring Your stop payment request or in failing to stop payment of an item as a result of incorrect\ninformation provided to Us or the giving of inadequate time to act upon a stop payment request. Note: A convenience\ncheck is not a check as that term is defined under the Uniform Commercial Code. It is an advance from Your credit card\nAccount with Us and Your stop payment rights are provided under this Agreement with Us.\n4. REPAYMENT \xe2\x80\x94 You promise to repay all amounts You owe under this Agreement. Your promise to repay includes\nall transactions made to Your Account by You or anyone You authorize to use Your Account as well as all interest\ncharges and fees.\nFor each billing period, You must pay at least the Minimum Payment Due by the Payment Due Date.\nThe Minimum Payment Due is 2.00% of Your total New Balance, or $25.00, whichever is greater, plus any amount past\ndue and any amount by which You have exceeded Your applicable credit limit. If Your total New Balance is less than\n$25.00, then Your Minimum Payment Due is the amount of the total New Balance.\nYou may pay more frequently, pay more than the Minimum Payment Due or pay the total New Balance in full.\nIf You make extra or larger payments, You are still required to make at least the Minimum Payment Due each month Your\nAccount has a balance (other than a credit balance). The Credit Union may delay replenishing Your credit limit until the\ndate the payment is posted or the Credit Union confirms the payment has cleared.\nYour payment of the required Minimum Payment Due may be applied to what You owe the Credit Union in any manner\nthe Credit Union chooses, as permitted by applicable law. If You make a payment in excess of the required Minimum\nPayment Due, the Credit Union will allocate the excess amount first to the balance with the highest annual percentage\nrate (\xe2\x80\x9cAPR\xe2\x80\x9d) and any remaining portion to the other balances in descending order based on applicable APR, unless\notherwise prescribed by applicable law. We may accept checks marked "payment in full" or with words of similar effect\nwithout losing any of Our rights to collect the full balance of Your Account with Us.\n5. INTEREST AND FINANCE CHARGES \xe2\x80\x94 We will begin charging You interest on purchases on the date the\ntransaction is posted to Your Account. We will begin charging You interest on cash advances and balance transfers on\nthe date of the transaction or the first day of the billing cycle in which the transaction is posted to Your Account, whichever\nis later (transaction date). However, We will not charge You any interest on new purchases if Your Account had a zero or\ncredit balance at the beginning of that billing cycle, or You paid the entire new balance on the previous cycle\'s billing\nstatement by the Payment Due Date of that statement. To avoid an additional finance charge on the balance of\npurchases, You must pay the entire new balance on the billing statement by the Payment Due Date of that statement.\nHow We Calculate Your Balance:\nInterest charges on Your Account are calculated separately for purchases, balance transfers and cash advances\n(\xe2\x80\x9cTransaction Type\xe2\x80\x9d). We figure the interest charge for each Transaction Type by applying the periodic rate to each\ncorresponding \xe2\x80\x9caverage daily balance.\xe2\x80\x9d To get the \xe2\x80\x9caverage daily balance\xe2\x80\x9d for a Transaction Type We take the beginning\nbalance for that Transaction Type each day, add any new transactions of that type, and subtract any unpaid interest or\nother finance charges and any applicable payments or credits. This gives Us the daily balance for each Transaction Type.\nThen, for each Transaction Type, We add up all the daily balances for the billing cycle and divide each total by the\nnumber of days in the billing cycle. This gives Us the \xe2\x80\x9caverage daily balance\xe2\x80\x9d for each Transaction Type.\n6. FEES \xe2\x80\x94 In addition to the periodic rate, additional fees may be imposed on Your Account. If applicable to Your\nAccount, the fee amounts and explanations are disclosed on the Account Opening Disclosure accompanying this\nAgreement.\n7. FOREIGN TRANSACTIONS \xe2\x80\x94 Purchases and cash advances made in foreign currencies will be debited from Your\nAccount in U.S. dollars. The exchange rate between the transaction currency and the billing currency used for processing\ninternational transactions is a rate selected by Visa from a range of rates available in wholesale currency markets for the\napplicable central processing date, which rate may vary from the rate Visa itself receives or the government-mandated\nrate in effect for the applicable central processing date. The exchange rate used on the processing date may differ from\nthe rate that would have been used on the purchase date or cardholder statement posting date.\nA fee (finance charge) will be charged on all transactions completed in a foreign currency. All fees are calculated based\non the transaction amount after it is converted to U.S. dollars. These fees are charged except where excluded. The\nForeign Transaction Fee is set forth on the Disclosure accompanying this Agreement.\nPage 2 of 6\n04223935-MXC30-P-1-111417 (MXC303-E)\n\n\x0c8. AUTHORIZATIONS \xe2\x80\x94 We do not guarantee authorization of a transaction, either by Us or by a third party, even if\nYou have sufficient credit available. You agree that We will not be liable for failing to give an authorization. We also\nreserve the right to limit the number of transactions that may be approved in one day. We reserve the right to deny certain\ntransactions for any reason and at Our sole discretion, including for default, suspected fraudulent or unlawful activity,\ninternet gambling or any indication of increased risk related to the transaction or the Account. You agree that We have no\nrequirement to notify You of the specific reason We denied a transaction. If We detect unusual or suspicious activity, We\nmay suspend Your credit privileges until We can verify the activity, or We may close the Account.\n9. INFORMATION UPDATING SERVICE AND AUTHORIZATIONS \xe2\x80\x94 If You have authorized a merchant to bill charges\nto Your Card on a recurring basis, it is Your responsibility to notify the merchant in the event Your Card is replaced, Your\nAccount information (such as Card number or expiration date) changes, or Your Account is closed. However, if Your Card\nis replaced or Your Account information changes, You authorize Us, without obligation on Our part, to provide the updated\nAccount information to the merchant in order to permit the merchant to bill recurring charges to Your Card. You authorize\nUs to apply such recurring charges to Your Card until You notify Us that You have revoked authorization for the charges\nto Your Card.\nYour Card is automatically enrolled in an information updating service. Through this service, Your updated Account\ninformation (such as Card number or expiration date) may be shared with participating merchants to facilitate continued\nrecurring charges. Updates are not guaranteed before Your next payment to a merchant is due. You are responsible for\nmaking direct payment until recurring charges resume. To revoke Your authorization allowing Us to provide updated\nAccount information to a merchant, please contact Us.\n10. PREAUTHORIZED CHARGES \xe2\x80\x94 We may suspend preauthorized recurring charges with merchants if, for example,\nYour Card is lost or stolen, You default, or We change Your Account for any reason. If preauthorized recurring charges\nare suspended, You are responsible for making direct payment for such charges until You contact the merchant to\nreinstate recurring charges.\n11. DEFAULT \xe2\x80\x94 You will be in default under this Agreement if You fail to pay the Minimum Payment Due by its Payment\nDue Date; pay by a check or similar instrument that is not honored or that We must return because it cannot be\nprocessed; pay by automatic debit that is returned unpaid; make any false or misleading statements in any credit\napplication or credit update; file for bankruptcy; or die. You will also be in default if You fail to comply with the terms of this\nAgreement or any other Agreement You have with Us.\nIf You default, We may close Your Account and require You to pay any unpaid balance immediately, subject to applicable\nlaw. In this Agreement and on Your Credit Card Application, You gave Us a security interest in all individual or joint share\nand/or deposit accounts with the Credit Union and authorized Us, if You defaulted, to apply the balance in these accounts\nto any amounts due. You agree We may rely on Your agreement and authorization to, upon Your default, apply any\nbalance to any amounts due on Your Account.\n12. LIABILITY FOR UNAUTHORIZED USE-LOST/STOLEN CARD NOTIFICATION \xe2\x80\x94 If You notice the loss or theft of\nYour credit card or a possible unauthorized use of Your Card, You should write to Us immediately at PO Box 31112,\nTampa, FL, 33631-3112 or call Us toll-free at 866-820-3792, seven days a week 24 hours a day.\nYou will not be liable for any unauthorized use that occurs after You notify Us. You may, however, be liable for\nunauthorized use that occurs before Your notice to Us. You will have no liability for unauthorized use unless You are\nfound to be fraudulent or negligent in the handling of Your Account or Card. In any case, Your liability for unauthorized\ntransactions will not exceed $50.\n13. CHANGING OR TERMINATING YOUR ACCOUNT \xe2\x80\x94 As permitted by law, the Credit Union may change the terms\nof this Agreement and any attached Disclosure from time to time. Notice of any change will be given in accordance with\napplicable law. To the extent permitted by law, changes to the Agreement may apply to Your existing account balance as\nwell as to future transactions.\nArizona, California, Idaho, Louisiana, New Mexico, Nevada, Texas, Washington, and Wisconsin Residents - Either\nYou, Your spouse or the Credit Union may terminate this Agreement at any time, but termination by You, Your spouse or\nthe Credit Union will not affect Your obligation to pay the account balance plus any finance and other charges You or Your\nspouse owe under this Agreement. Your obligation to pay the account balance plus any finance and other charges You\nowe under this agreement are subject to all applicable laws and regulations regarding repayment requirements. The Card\nor Cards You receive remain the property of the Credit Union and You must recover and surrender to the Credit Union all\nCards upon request or upon termination of this Agreement whether by You or the Credit Union.\nResidents of all other states - Either You or the Credit Union may terminate this Agreement at any time, but termination\nby You or the Credit Union will not affect Your obligation to pay the account balance plus any finance and other charges\nYou owe under this Agreement. Your obligation to pay the account balance plus any finance and other charges You owe\nunder this agreement are subject to all applicable laws and regulations regarding repayment requirements. The Card or\nCards You receive remain the property of the Credit Union and You must recover and surrender to the Credit Union all\nCards upon request or upon termination of this Agreement whether by You or the Credit Union.\n14. AUTHORIZED USERS \xe2\x80\x94 Upon Your request, We may issue additional Cards for authorized users that You\ndesignate. You must notify Us in writing of any termination of an authorized user\'s right to access Your Account. Your\nPage 3 of 6\n04223935-MXC30-P-1-111417 (MXC303-E)\n\n\x0cnotice must include the name of the authorized user and Your Account number and/or any subaccount number issued to\nthe authorized user along with the authorized user\'s Card and any convenience or other access checks issued to the\nauthorized user. If You cannot return the authorized user\'s Card or access checks and if You request Your Account to be\nclosed, We will close Your Account and You may apply for a new Account. Alternatively, We may, at Our sole discretion,\nissue You a new Account number and a new Card.\n15. CREDIT REPORTS AND NOTICE OF NEGATIVE INFORMATION \xe2\x80\x94 You authorize the Credit Union to obtain credit\nreports and any other information We may need to verify Your identity and use of the Account when opening Your\nAccount and for any update, increase, renewal, extension, collection or review of Your Account. You authorize the Credit\nUnion to disclose information regarding Your Account to credit bureaus and creditors who inquire about Your credit\nstanding. We may report information about Your Account to credit bureaus. Late payments, missed payments, or other\ndefaults on Your Account may be reflected on Your credit report.\n16. JOINT ACCOUNTS \xe2\x80\x94 If this is a joint Account, each of You will be individually and jointly responsible for paying all\namounts owed under this Agreement. This means that the Credit Union can require any one of You individually to repay\nthe entire amount owed under this Agreement. Each of You authorizes the other(s) to make transactions on the Account\nindividually. Any one of You may terminate the Account and the termination will be effective as to all of You.\n17. EFFECT OF AGREEMENT \xe2\x80\x94 This Agreement is the contract which applies to all transactions on Your Account even\nthough the sales, cash advances, credit or other slips You sign or receive may contain different terms.\n18. SEVERABILITY AND FINAL EXPRESSION \xe2\x80\x94 This Agreement is the final expression of the terms and conditions of\nYour Account. This written Agreement may not be contradicted by evidence of any alleged oral Agreement. Should any\npart of this Agreement be found to be invalid or unenforceable, all other parts of this Agreement shall remain in effect and\nfully enforceable to the fullest extent possible under this Agreement.\n19. ILLEGAL TRANSACTIONS PROHIBITED \xe2\x80\x94 You agree that You will not use Your Card for any transaction, including\nany type of electronic gambling transaction through the Internet, that is illegal under applicable federal, state, or local law.\nEven if You use Your Card for an illegal transaction, You will be responsible for all amounts and charges incurred in\nconnection with the transaction. This paragraph shall not be interpreted as permitting or authorizing any transaction that is\nillegal.\n20. APPLICABLE LAW \xe2\x80\x94 The terms and enforcement of this Agreement shall be governed by federal law and the law of\nTexas.\n21. ENFORCING THIS AGREEMENT \xe2\x80\x94 We can delay in enforcing or fail to enforce any of Our rights under this\nAgreement without losing them.\n22. COLLECTION COSTS \xe2\x80\x94 If We refer collection of Your Account to a lawyer who is not Our salaried employee, You\nare liable for any reasonable attorney\xe2\x80\x99s fees We incur, plus the costs and expenses of any legal action, as further\ndisclosed on this Agreement, or to the extent allowed by law.\n23. ASSIGNMENT \xe2\x80\x94 We may assign any or all of Our rights and obligations under this Agreement to a third party.\n24. OVERDRAFT PRIVILEGE \xe2\x80\x94 You agree that if, pursuant to any overdraft privilege on a Credit Union Share Draft\nAccount, there is an overdraft of Your Share Draft Account, the amount of overdraft will be added to the outstanding\nbalance on Your Visa Credit Card Account, subject to the finance charge provisions set forth in \xe2\x80\x9cINTEREST AND\nFINANCE CHARGES\xe2\x80\x9d as described for cash advances, and will be subject to all terms and conditions of this Agreement.\nThe Visa Credit Card Account must be current and not over the credit limit for funds to transfer to the Share Draft\nAccount. Overdrafts are not allowed for the purpose of making loan payments, including Visa Credit Card payments, at\nthe Credit Union, ATM or in-branch teller cash withdrawals. The Share Draft Account referred to herein is also subject to a\nseparate agreement between You and the Credit Union. Where the terms of any other agreement between You and the\nCredit Union conflict with the terms of this Agreement, the terms of this Agreement will control.\n25. CALIFORNIA RESIDENTS \xe2\x80\x94 A married applicant may apply for a separate Account. Applicants: 1) may, after credit\napproval, use the credit card Account up to its credit limit; 2) may be liable for amounts extended under the plan to any\njoint applicant. As required by law, You are hereby notified that a negative credit report reflecting on Your credit record\nmay be submitted to a credit reporting agency if You fail to fulfill the terms of Your credit obligations.\n26. FLORIDA RESIDENTS \xe2\x80\x94 You (borrower) agree that, should We obtain a judgment against You, a portion of\nYour disposable earnings may be attached or garnished (paid to Us by Your employer), as provided by Florida\nand Federal law.\n27. MARYLAND RESIDENTS \xe2\x80\x94 To the extent, if any, that Maryland law applies to Your Account, We elect to offer Your\nCard Account pursuant to Title 12, Subtitle 9 of the Maryland Commercial Law Article.\n28. MISSOURI RESIDENTS \xe2\x80\x94 Oral Agreements or commitments to loan money, extend credit or to forbear from\nenforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect\nYou (borrower(s)) and Us (creditor) from misunderstanding or disappointment, any Agreements We reach\ncovering such matters are contained in this writing, which is the complete and exclusive statement of the\nAgreement between Us, except as We may later agree in writing to modify it.\nPage 4 of 6\n04223935-MXC30-P-1-111417 (MXC303-E)\n\n\x0c29. NEW YORK RESIDENTS \xe2\x80\x94 We may obtain a credit report in connection with this Account, including for any review,\nmodification, renewal or collections associated with this Account. Upon Your request, You will be informed whether such\nreport was requested and, if so, the name and address of the consumer reporting agency furnishing the report. New York\nresidents may contact the New York State Banking Department at 800.342.3736 or www.dfs.ny.gov to obtain a\ncomparative listing of credit card rates, fees and grace periods.\n30. OHIO RESIDENTS \xe2\x80\x94 The Ohio laws against discrimination require that all creditors make credit equally available to\nall creditworthy 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.\n31. SOUTH DAKOTA RESIDENTS \xe2\x80\x94 If You believe there have been any improprieties in making this loan or in the\nlender\xe2\x80\x99s loan practices, You may contact the South Dakota Division of Banking at 1601 N. Harrison Ave, Suite 1, Pierre,\nSD 57501, or by phone at 605.773.3421.\n32. WISCONSIN RESIDENTS \xe2\x80\x94 If You are married, please contact Us immediately upon receipt of this Agreement at the\naddress or phone number listed on this Agreement and provide Us with the name and address of Your spouse. We are\nrequired to inform Your spouse that We have opened an Account for You.\n33. NOTICE TO UTAH BORROWERS \xe2\x80\x94 This written Agreement is a final expression of the Agreement between You\nand the Credit Union. This written Agreement may not be contradicted by evidence of any oral Agreement. As required by\nlaw, You are hereby notified that a negative credit report reflecting on Your credit record may be submitted to a credit\nreporting agency if You fail to fulfill the terms of Your credit obligations.\n34. THE FOLLOWING IS REQUIRED BY VERMONT LAW \xe2\x80\x94 NOTICE TO CO-SIGNER \xe2\x80\x94 YOUR SIGNATURE ON\nTHIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER\nDOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU.\n\nPage 5 of 6\n04223935-MXC30-P-1-111417 (MXC303-E)\n\n\x0cYour Billing Rights: Keep this Document for Future Use\nThis notice tells You about Your rights and Our responsibilities under the Fair Credit Billing Act.\nWhat To Do If You Find A Mistake On Your Statement\nIf You think there is an error on Your statement, write to Us at the address listed on Your statement.\nIn Your letter, give Us the following information:\n\n- Account information: Your name and Account number.\n- Dollar amount: The dollar amount of the suspected error.\n- Description of problem: If You think there is an error on Your bill, describe what You believe is wrong and why You\nbelieve it is a mistake.\nYou must contact Us:\n- Within 60 days after the error appeared on Your statement.\n- At least three business days before an automated payment is scheduled, if You want to stop payment on the amount\nYou think is wrong.\nYou must notify Us of any potential errors in writing or electronically. You may call Us, but if You do We are not required\nto investigate any potential errors and You may have to pay the amount in question.\nWhat Will Happen After We Receive Your Letter\nWhen We receive Your letter, We must do two things:\n1. Within 30 days of receiving Your letter, We must tell You that We received Your letter. We will also tell You if We have\nalready corrected the error.\n2. Within 90 days of receiving Your letter, We must either correct the error or explain to You why We believe the bill is\ncorrect.\nWhile We investigate whether or not there has been an error:\n- We cannot try to collect the amount in question, or report You as delinquent on that amount.\n- The charge in question may remain on Your statement, and We may continue to charge You interest on that amount.\n- While You do not have to pay the amount in question, You are responsible for the remainder of Your balance.\n- We can apply any unpaid amount against Your credit limit.\nAfter We finish Our investigation, one of two things will happen:\n- If We made a mistake: You will not have to pay the amount in question or any interest or other fees related to that\namount.\n- If We do not believe there was a mistake: You will have to pay the amount in question, along with applicable\ninterest and fees. We will send You a statement of the amount You owe and the date payment is due. We may then\nreport You as delinquent if You do not pay the amount We think You owe.\nIf You receive Our explanation but still believe Your bill is wrong, You must write to Us within 10 days telling Us that You\nstill refuse to pay. If You do so, We cannot report You as delinquent without also reporting that You are questioning Your\nbill. We must tell You the name of anyone to whom We reported You as delinquent, and We must let those organizations\nknow when the matter has been settled between Us.\nIf We do not follow all of the rules above, You do not have to pay the first $50 of the amount You question even if Your bill\nis correct.\nYour Rights if You Are Dissatisfied With Your Credit Card Purchases\nIf You are dissatisfied with the goods or services that You have purchased with Your credit card, and You have tried in\ngood faith to correct the problem with the merchant, You may have the right not to pay the remaining amount due on the\npurchase.\nTo use this right, all of the following must be true:\n1. The purchase must have been made in Your home state or within 100 miles of Your current mailing address, and the\npurchase price must have been more than $50. (Note: Neither of these are necessary if Your purchase was based on\nan advertisement We mailed to You, or if We own the company that sold You the goods or services.)\n2. You must have used Your credit card for the purchase. Purchases made with cash advances from an ATM or with a\ncheck that accesses Your credit card Account do not qualify.\n3. You must not yet have fully paid for the purchase.\nIf all of the criteria above are met and You are still dissatisfied with the purchase, contact Us in writing or electronically at\nthe address listed on Your statement.\nWhile We investigate, the same rules apply to the disputed amount as discussed above. After We finish Our investigation,\nWe will tell You Our decision. At that point, if We think You owe an amount and You do not pay, We may report You as\ndelinquent.\nPage 6 of 6\n04223935-MXC30-P-1-111417 (MXC303-E)\n\n\x0c'


b"M-121702 Updated as of 05/17 STD\n\nAPPLIED BANK\xc2\xae CREDIT CARD AGREEMENT\nIn this Credit Card Agreement (\xe2\x80\x9cAgreement\xe2\x80\x9d) \xe2\x80\x9cwe,\xe2\x80\x9d \xe2\x80\x9cus,\xe2\x80\x9d \xe2\x80\x9cour\xe2\x80\x9d and \xe2\x80\x9cBank\xe2\x80\x9d refers to Applied\nBank of Wilmington, Delaware. \xe2\x80\x9cYou,\xe2\x80\x9d \xe2\x80\x9cyour\xe2\x80\x9d and \xe2\x80\x9cyours\xe2\x80\x9d refer to the person or persons who\nare liable for the Visa\xc2\xae or MasterCard\xc2\xae credit card account (\xe2\x80\x9cAccount\xe2\x80\x9d). This Agreement\nincludes the \xe2\x80\x9cSchedule of Rates and Fees\xe2\x80\x9d and governs your Account. Furthermore, this\nAgreement includes the Terms and Conditions and any application disclosures which were\nmade available to you when you applied for an account. If there are any inconsistencies, this\nAgreement shall control. It supersedes and replaces any prior agreement you may have with us\nfor this account. This Agreement (or any prior credit card agreement we provided to you)\nbecame effective when your Account was approved. If you do not agree to abide by the terms\nof this Agreement, you must close your Account, in the manner provided in this Agreement,\nbefore you attempt to obtain the first Cash Advance or Purchase on your Account or otherwise\nuse your Account. If you close your Account within 30 days of the date it is opened we will\nissue a credit to your Account for any fees or Interest Charges we assess and charges for goods\nor services provided by our affiliated companies.\nTHIS AGREEMENT CONTAINS AN ARBITRATION PROVISION THAT MAY\nSUBSTANTIALLY LIMIT OR AFFECT YOUR RIGHTS. AS SET FORTH IN THE\nARBITRATION PROVISION, YOU MAY EXCLUDE YOURSELF FROM THE\nARBITRATION PROVISION WITHOUT AFFECTING YOUR RIGHT TO CREDIT\nOR ANY OTHER TERMS OF THIS AGREEMENT IF YOU SEND US A WRITTEN\nNOTICE WITHIN THIRTY (30) DAYS AFTER YOU OPEN YOUR ACCOUNT.\nPLEASE READ THE ARBITRATION PROVISION CAREFULLY AND KEEP IT FOR\nYOUR RECORDS. THE ARBITRATION PROVISION SHALL BE EFFECTIVE\nUNLESS PROHIBITED BY LAW, RULE OR REGULATION.\nDefinitions. Other defined terms used in this Agreement include:\n1. \xe2\x80\x9cATM\xe2\x80\x9d means any automated teller machine.\n2. \xe2\x80\x9cAuthorized User\xe2\x80\x9d means anyone you authorize to use the Card (or any other credit\ndevice we supply to you) or your Account to obtain credit. If you request, and at our discretion,\nwe may issue an additional Card in the name of the Authorized User with your Account\nnumber provided that the Authorized User to whom the card is to be issued accepts joint and\nseverable liability for the account. You agree to be obligated for all credit obtained by all\nAuthorized Users as if that credit were obtained by you, including credit for which you may not\nhave intended to be liable.\n3. \xe2\x80\x9cBilling Cycle\xe2\x80\x9d means a monthly billing period, which begins on or about the same\nday of each month.\n4. \xe2\x80\x9cCard\xe2\x80\x9d means the card(s) issued in connection with your Account.\n5. \xe2\x80\x9cCash Advance Check\xe2\x80\x9d means Visa Check, MasterCard Check or any other checks,\ndrafts or written instruments we supply to you to obtain a Cash Advance on your Account.\n6. \xe2\x80\x9cCash Advance\xe2\x80\x9d means credit you or an Authorized User obtain on your Account in\nany of the following ways:\n(a) by drawing a Cash Advance Check on your Account,\n(b) by presenting the Card (or any other credit device we supply to you) to us or\nto any other participating MasterCard or Visa financial institution or other provider, to obtain\ncash or to make a transfer from your Account to any other deposit or loan account or to make\n\n1\n\n\x0cany other transactions that involve the purchase of items that are readily convertible to cash or\nsimilar transactions including, but not limited, to money orders, stamps, travelers cheques, bail\nbonds, tax payments and gaming transactions (it being understood that you will only engage in\ngaming transactions where lawful),\n(c) by using the Card at an ATM or other device available for this purpose, to\nobtain cash or to make a transfer from your Account to any other deposit or loan account you\nhave with us,\n(d) by incurring certain fees which may be billed as a Cash Advance for billing\npurposes such as the Account Origination Fee, Cash Advance Fee Interest Charge, Credit Limit\nIncrease Fee, Upgrade Fee and any other fee defined in this Agreement or otherwise disclosed\nto you as a Cash Advance.\nYou may not be able to obtain a Cash Advance during the first ninety-five (95) days\nthat your Account is open. The Terms and Conditions of the Account govern this provision.\n7. \xe2\x80\x9cClosing Date\xe2\x80\x9d means the last day of any Billing Cycle.\n8. \xe2\x80\x9cCredit Limit\xe2\x80\x9d means the maximum amount of credit we have approved for you on\nyour Account.\n9. \xe2\x80\x9cDeposit\xe2\x80\x9d means the deposit account that you may maintain with us at any time in\nconnection with your Account. The Deposit is subject to our regular Deposit Account Rules\nand Regulations (the \xe2\x80\x9cRules\xe2\x80\x9d) which are in effect (as may be amended from time to time) and\nwhich are included with this Agreement. Information described in the Truth-in-Savings\ndisclosures of the Deposit account has been or will be sent to you if and when you open the\nDeposit. Your Deposit will secure all credit you now have or later obtain on your Account, as\nwell as our charges.\n10. \xe2\x80\x9cNew Balance\xe2\x80\x9d means the outstanding balance in your Account at the end of any\nBilling Cycle. The New Balance is the sum of the Previous Balance shown on your Statement,\nless payments and credits, plus new Cash Advances and Purchases and our charges (including\nInterest Charges) posted during the Billing Cycle.\n11. \xe2\x80\x9cPOS\xe2\x80\x9d means point of sale.\n12. \xe2\x80\x9cPurchase\xe2\x80\x9d means credit you or an Authorized User obtains on your Account,\nwhen you present the Card, or Card number, to a merchant honoring the Card or use the Card at\na POS terminal to purchase goods and/or services. A Purchase also includes any fee listed in\nthe \xe2\x80\x9cOur Charges\xe2\x80\x9d portion of this Agreement and any other fee, Interest Charge, or other\ntransaction billed to your Account (for example, debt protection) that is not a Cash Advance.\n13. \xe2\x80\x9cStatement\xe2\x80\x9d means a statement of your Account which we will send to you at the\nend of any Billing Cycle in which we owe you or you owe us more than $1, or we impose any\ncharge (including Interest Charges), or any payment, credit, Cash Advance or Purchase is\nposted to your Account.\nUsing Your Account To Obtain Credit. You can use the Card and your Account to\nmake Purchases and obtain Cash Advances at any time, as long as you are not in Default and\nyour credit privileges have not been terminated. We may also allow Purchases or Cash\nAdvances on your Account, even if you are in Default or your credit privileges have been\nterminated, if the Purchase or Cash Advance was made by you or an Authorized User. Your\nAccount may be used only for valid and lawful purposes. If you use or allow someone else to\nuse your Account for any other purpose you will be responsible for such use and may be\nrequired to reimburse us and/or Visa or MasterCard for all amounts or expenses either we or\nVisa or MasterCard pay as a result of such use.\n\n2\n\n\x0cCredit Limit. Your Credit Limit appears on the accompanying Card carrier and on your\nStatements. You may not exceed or attempt to exceed your Credit Limit at any time. However,\nif your Account balance exceeds your Credit Limit for any reason, we may require that you pay\nus any such excess immediately on demand, rather than in monthly installments. If we have\npreviously honored requests for credit over your Credit Limit, it does not mean that we will\nhonor further overlimit requests. We may offer or accept requests for credit limit increases,\nwhich may be subject to a Credit Limit Increase Fee Interest Charge.\nPromise to Pay. By opening an Account, signing the Card or obtaining credit on your\nAccount, you agree, jointly and severally if more than one person is contractually liable for the\nAccount, to be obligated for all credit obtained on your Account, whether by you or any of you,\nor by any Authorized User, as well as for our charges (including Interest Charges) as provided\nin this Agreement. You also agree to be legally bound by this Agreement. You promise to pay\nto us all sums you owe on your Account, together with Interest Charges and other charges, in\nU.S. dollars, and payable through a financial institution in the United States, and in accordance\nwith this Agreement and any hour of receipt and other payment instructions that appear on your\nStatement. No Cash Advance Check, draft or written instrument we supply to you can be used\nto make a payment against this Account. We may accept late payments, partial payments, postdated checks, or any form of payment containing a restrictive writing without losing any of our\nrights under this Agreement. No payments shall operate as an accord and satisfaction\nwithout prior written approval of a Senior Officer of the Bank. Any payment that you\nsend to us for less than the full balance due that is marked \xe2\x80\x9cpaid in full\xe2\x80\x9d or with a similar\nnotation or that you otherwise attempt to tender in full satisfaction of a disputed amount\nmust be sent to our Legal Department at P.O. Box 15803, Wilmington, Delaware 19850\nwith a letter identifying the dispute and that the payment is tendered in satisfaction of the\ndisputed Account Balance. We will apply your payments in any lawful manner that we\nchoose.\nYou may choose, subject to our approval, to make a payment in U.S. dollars by means\nof a direct debit or charge to any deposit, savings or credit account of yours that is issued by a\nfinancial institution in the United States (\xe2\x80\x9cPayment Account\xe2\x80\x9d). By requesting us to process a\npayment by direct debit or charge to your Payment Account, you hereby authorize us, at our\noption, to debit your Payment Account by means of an electronic transaction or to submit a\npaper check or draft to your financial institution.\nYou agree that we may convert any payment check or other payment instrument into an\nelectronic debit transaction that will be processed through the Automated Clearing House\nsystem (\xe2\x80\x9cACH\xe2\x80\x9d) and electronically debited from the account on which the check was drawn.\nYour payment check or other payment instrument will not be physically presented to your\nfinancial institution or returned to you. This is called check truncation or check conversion. An\nexplanation of check conversion can be found on the back of your statement. However, should\nyou need a copy of a check you may contact us and we will provide it to you. You may be\ncharged a fee for such copy request as allowed by law and as set forth in the section of this\nAgreement entitled \xe2\x80\x9cOur Charges.\xe2\x80\x9d\nStatements. The Statements we will send to you will reflect the activity and our\ncharges on your Account during the Billing Cycle. They will also show your Minimum\nPayment and the Payment Due Date by which we must receive your Minimum Payment. If\nthere are more than one of you, we may send the Statements only to the person named as the\nprimary account holder in our system.\n\n3\n\n\x0cProcessing Fee. If your Account has a one-time Processing Fee as disclosed in the\n\xe2\x80\x9cSchedule of Rates and Fees\xe2\x80\x9d enclosed with this Agreement, we will require it to be paid in full\nbefore your Account is opened. This fee is not charged to your Account. We will refund this\nfee if we do not approve you for an Account.\nRefund Disclosure. We will refund your Processing Fee if we do not approve you for\nan account. Furthermore, you may reject this account, provided you have not yet used the\nAccount or paid a fee after receiving a billing statement. If you do reject the plan, you are not\nresponsible for any fees or charges, including any Processing Fee(s) paid prior to opening your\naccount. Any such Processing Fee(s) previously paid will be refunded within thirty days upon\neither 1) receipt of notice to us of your rejection of the plan or 2) notice to you that your\napplication was not approved.\nOur Charges. You agree to pay us the following fees in connection with your Account\nas disclosed in the \xe2\x80\x9cSchedule of Rates and Fees\xe2\x80\x9d enclosed with this Agreement. All Purchases\nand Charges will reduce credit availability at the time they are charged to your Account. The\namounts of these fees are listed in the \xe2\x80\x9cSchedule of Rates and Fees\xe2\x80\x9d enclosed with this\nAgreement. Such fees will be treated as Purchases on your Account. Our assessment of Late\nFees and Returned Payment Fees does not mean you are permitted to engage in conduct giving\nrise to these fees. In fact, you agree not to engage in such conduct.\n1. Account Origination Fee. If your Account has an Account Origination Fee it will be\ncharged once your Account is opened and will appear on your first monthly statement (unless\notherwise noted on the \xe2\x80\x9cSchedule of Rates and Fees\xe2\x80\x9d). The Account Origination Fee is nonrefundable unless you notify us in writing that you wish to close your Account within 30 days\nof our providing the Statement on which the Account Origination Fee is billed and at the same\ntime, you pay your outstanding balance in full.\n2. Annual Fee. If your Account has an Annual Fee it will be billed each year (unless\notherwise noted on the \xe2\x80\x9cSchedule of Rates and Fees\xe2\x80\x9d) and it will be charged once your account\nis opened and will appear on your first monthly statement. Subsequent Annual Fees will be\ncharged annually on the anniversary Closing Date. The Annual Fee is non-refundable unless\nyou notify us in writing that you wish to close your Account within 30 days of our providing\nthe Statement on which the Annual Fee is billed and at the same time, you pay your outstanding\nbalance in full. If your account is closed by you or us, we will continue to charge the Annual\nFee until you pay your outstanding balance in full and terminate your Account relationship.\n3. Monthly Maintenance Fee (MMF). If your Account has a MMF it will be imposed\nfor each Billing Cycle or portion thereof your Account is open or has a balance (unless\notherwise noted on the \xe2\x80\x9cSchedule of Rates and Fees\xe2\x80\x9d). The MMF will be charged to your\nAccount on each Closing Date. If your account is closed by you or us, we will continue to\ncharge the MMF until you pay your outstanding balance in full and terminate your Account\nrelationship.\n4. Copying Charges. If you request duplicates of any Statement, Cash Advance Check\nor other documents (except in connection with proper and timely written notice of a billing\nerror), we will charge you a fee for each copy we provide, unless applicable state law requires\nus to charge a lesser amount. This fee will be charged to your Account on the date that your\nrequest is processed.\n5. Late Fee. We will charge a Late Fee if we do not receive your Minimum Payment by\nthe Payment Due Date shown on your Statement in accordance with any hour of receipt and\n\n4\n\n\x0cother payment instructions appearing on your Statement. This fee will be charged to your\nAccount on your Payment Due Date if your Minimum Payment is not received.\n6. Returned Payment Fee. If any check, draft, or other payment method we allow,\nelectronic or otherwise, that is submitted as payment for sums owing on your Account, or for\nany other purpose, is returned unpaid or charged back to us for any reason, we will charge a\nReturned Payment Fee. This fee will be charged to your Account on the date that your returned\npayment is processed.\n7. Reinstatement Fee. If you or we terminate credit privileges on your Account for any\nreason, at your request and in our sole discretion we may reinstate your Account privileges. To\nbe eligible for reinstatement you must resolve any Default to our satisfaction. If we reinstate\nyour Account, we will charge you a Reinstatement Fee on the date that your request is\nprocessed.\n8. Stop Payment Fee. If we stop payment on any Cash Advance Check or other Cash\nAdvance at your request, we will charge a Stop Payment Fee on the date that your request is\nprocessed. Stop Payment orders are permissible, subject to applicable law, by mail or by phone\non any Cash Advance Check that has not posted to your Account and is received at such time\nas to give the Bank a reasonable opportunity to act. To request a stop payment, you must\nprecisely identify the type of Cash Advance Check, the check number, date of Cash Advance\nCheck, the exact amount of the item, and the payee. However, at our option, and to the extent\nthat we are able, we may honor Stop Payment requests that do not identify the Cash Advance\nCheck with as great a degree of precision as that specified in the immediately preceding\nsentence. Only the person who initiated the Stop Payment may make a release of the Stop\nPayment request. Oral Stop Payment orders are binding for fourteen (14) days only, unless you\nconfirm the order in writing and we receive it within the fourteen-day period. When a Stop\nPayment request form is properly signed and returned, the order is effective for six (6) months\nafter the latest date the written confirmation is received, accepted, and recorded on your\nAccount, at which time it will automatically expire. The Bank will not be liable for any\nreasonable delay in accepting and recording a Stop Payment to your Account.\n9. Additional Card Fee. After the initial Card has been issued for your Account, if you\nrequest and we agree to provide an additional Card to be issued in the name of an Authorized\nUser or you request and we agree to permit an Authorized User who accepts full contractual\nliability for the account, to be added to your Account, we will charge an Additional Card Fee\nfor the approval of your request and the issuance of another Card to your Account. This fee will\nbe charged to your Account on the date that your request is processed.\n10. Replacement Card Fee. After a Card has been issued in your name, if you request\nand we agree to provide a replacement Card, we will charge a Replacement Card Fee for the\nCard\xe2\x80\x99s replacement. This fee also applies to any Authorized User. This fee will be charged to\nyour Account on the date that your request is processed.\n11. Automated Account Information Fee. We will charge you to access our\nautomated account information system through our toll free telephone number. The first two\ninquiries per Billing Cycle will not incur a charge. Thereafter, a fee for each separate Account\ninquiry you make through our automated account information system will be assessed. This\nfee(s) will be charged to your Account on the same day that you make your inquires. You will\nbe charged for each separate inquiry you make even if you make more than one inquiry during\nthe same call. This fee may also be referred and listed on your Statement as an \xe2\x80\x9cexcessive\npinpoint transaction.\xe2\x80\x9d\n\n5\n\n\x0c12. Fees for Optional Payments. If you choose and we allow you to make an\nexpedited payment by telephone with the assistance of one of our associates or agents to post to\nyour Account the same day or, if the payment is made or received after 5:00 p.m., we will\nassess a fee to your account on the date that your payment is initiated.\n13. Miscellaneous Fees. If permitted by applicable law, we may charge you any\nreasonable fees for services rendered or for reimbursement of expenses, incurred in good faith\nby us or our agents in connection with your Account, or other reasonable fees in connection\nwith our administering, terminating or reinstating your Account. For example, if you continue\nto use the Account after we advise you that your credit privileges have been terminated, we\nmay charge you for any fee imposed on recapture of the Card(s) or Cash Advance Checks.\nInterest Charges. Your Account is subject to the following Interest Charges, which\nmay appear as either a Fee or Interest on your Statement: (1) a Cash Advance Fee, which is\nimposed on the same day we honor any Cash Advance and added to your Cash Advance\nbalance (please note that in the Billing Cycle in which a Cash Advance is posted, the Cash\nAdvance Fee will cause the \xe2\x80\x9cAnnual Percentage Rate\xe2\x80\x9d for Cash Advances to exceed the\n\xe2\x80\x9cCorresponding Annual Percentage Rate\xe2\x80\x9d for Cash Advances shown on your Statement for that\nBilling Cycle); (2) a \xe2\x80\x9cPeriodic Rate Interest Charge,\xe2\x80\x9d which is calculated on the Purchase and\nCash Advance average daily balance of your Account as described in this Agreement. This\ncharge will be assessed to your Account on the Closing Date; (3) a \xe2\x80\x9cCredit Limit Increase Fee\xe2\x80\x9d\nwhich may be charged on the same day we approve each unsecured credit limit increase after\nyour Account is opened; (4) an \xe2\x80\x9cUpgrade Fee\xe2\x80\x9d, which may be charged on the same date we\napprove any product upgrade (i.e. standard to gold); (5) a \xe2\x80\x9cForeign Currency Transaction Fee\xe2\x80\x9d\nis applied to any transaction made in a foreign currency that is converted to U. S. Dollars by\nVisa or MasterCard or any transaction made in a foreign country even if it is in U.S. Dollars\n(please note that this fee will be added on the same date to the same balance to which the\nforeign transaction is added); and (6) a \xe2\x80\x9cMinimum Interest Charge\xe2\x80\x9d, which will be charged for\na Billing Cycle during which there exists any Purchases and/or Cash Advances balance of $1 or\ngreater in your Account.\nGrace Period. There is no Grace Period for the Account. Interest Charges accrue on\nPurchases, Cash Advances and Our Charges beginning on the date the transaction occurs or on\nthe first day of the Billing Cycle in which the transaction is received by us or, at our option, the\ndate the transaction is posted to your Account. Periodic Rate Interest Charges continue to\naccrue until payment in full is received.\nPeriodic Rate Interest Charge Calculation-Average Daily Balance Method\n(Including New Transactions) for Purchases and Cash Advances.\n(1) To determine the Periodic Rate Interest Charge for Purchases and Cash Advances\nwe multiply the monthly Periodic Rate for Purchases and Cash Advances by the \xe2\x80\x9caverage daily\nbalance\xe2\x80\x9d for Purchases and Cash Advances (including new transactions) for the current Billing\nCycle.\n(2) The total Interest Charge imposed on your Account each Billing Cycle is the sum of\nthe Periodic Rate Interest Charges as calculated for Purchases and Cash Advances for the\ncurrent Billing Cycle, all Cash Advance Fees, and any Fees described in the Our Charges\nsection of this agreement that may be imposed during such Billing Cycle.\n(3) Purchases. To get the \xe2\x80\x9caverage daily balance\xe2\x80\x9d of Purchases for a Billing Cycle, we\ntake the beginning balance of Purchases in your Account each day, add any new Purchases, and\nsubtract any payments or credits which are applied to Purchases (treating any negative balances\n\n6\n\n\x0cas zero). On the first day of each Billing Cycle, we add the unpaid Periodic Rate Interest\nCharges for Purchases for the prior Billing Cycle to the daily balance of Purchases. (In this\nway, we compound Interest Charges on Purchases on your Account on a monthly basis.) This\ngives us the daily balance of Purchases. Then, we add up all the daily balances of Purchases for\nthe Billing Cycle and divide the total by the number of days in the Billing Cycle. This gives us\nthe \xe2\x80\x9caverage daily balance\xe2\x80\x9d of Purchases for a Billing Cycle. There is no grace period in which\nPurchases may be repaid without incurring an Interest Charge.\n(4) Cash Advances. To get the \xe2\x80\x9caverage daily balance\xe2\x80\x9d of Cash Advances for a Billing\nCycle, we take the beginning balance of Cash Advances in your Account each day, add any\nnew Cash Advances, and subtract any payments or credits which are applied to Cash Advances\n(treating any negative balances as zero). On the first day of each Billing Cycle, we add the\nunpaid Periodic Rate Interest Charges for Cash Advances for the prior Billing Cycle to the\ndaily balance of Cash Advances. (In this way, we compound Interest Charges on Cash\nAdvances on your Account on a monthly basis.) This gives us the daily balance of Cash\nAdvances. Then, we add up all the daily balances of Cash Advances for the Billing Cycle and\ndivide the total by the number of days in the Billing Cycle. This gives us the \xe2\x80\x9caverage daily\nbalance\xe2\x80\x9d of Cash Advances for a Billing Cycle. There is no grace period in which Cash\nAdvances may be repaid without incurring an Interest Charge.\n(5) General Periodic Rates. See \xe2\x80\x9cSchedule of Rates and Fees\xe2\x80\x9d enclosed with this\nAgreement.\nCredit Availability. If payments on your account are made by guaranteed funds (for\nexample, money orders and cashier\xe2\x80\x99s checks), your credit availability will be increased on the\nday after your deposit or payment is credited. All other deposits or payments may not increase\nyour credit availability until we are assured that the payment has not been dishonored. This\ncould take up to 14 calendar days (or longer).\nMinimum Payments. You may pay your entire balance at any time, without penalty or\npremium. Whenever a balance is due, however, each month you must pay us at least the\nMinimum Payment Due, which we must receive on or before the Payment Due Date shown on\nthe Statement, in accordance with any hour of receipt and other payment instructions shown on\nyour monthly Statement. The Payment Due Date will be approximately 25 days after the\nClosing Date. The Minimum Payment Due in any monthly Billing Cycle will be equal to the\nsum of (i) 2.25% of your New Balance plus the total of all Periodic Rate Interest Charges that\nhave accrued in the Billing Cycle for which the Minimum Payment is being calculated\n(rounded up to the next dollar) or $35, whichever is more (or your entire New Balance if less\nthan $35); plus (ii) all past due amounts; plus (iii) the amount of any Late Fee charged in the\nBilling Cycle for which the Minimum Payment is being calculated.\nSubject to applicable law, we will apply and allocate payment up to the Minimum\nPayment Due and any credits on your Account among balances and Charges in any order and\nmanner determined by us in our sole discretion. You agree that we have the unconditional right\nto exercise this discretion in a way that is most favorable or convenient to us. Generally, the\namount of payments credited to your Account during a Billing Cycle will be applied first to the\nbalance bearing the lowest APR and then to balances bearing the higher APR, until the\nMinimum Payment Due payable in the Billing Cycle is credited to your Account. After that, the\namount of payments remaining will be applied to the balance bearing the highest APR and then\nto balances bearing the lower APR in descending order. In most cases, credits will be applied\nfirst to the balance from which the corresponding debit originated.\n\n7\n\n\x0cSecurity. You grant us a security interest and pledge and assign to us any and all sums\nnow or later in any Deposit established by you to secure payment of all of your existing and\nfuture obligations under this Agreement and your Account. The Deposit must be maintained\nwith us unencumbered (i.e. not subject to any lien, judgment, attachment or execution) at all\ntimes. You may add to the Deposit at any time. With our consent, you may also withdraw from\nthe Deposit, which will reduce your Credit Limit by a like amount, so long as you do not cause\nthe outstanding balance in the Account to exceed your new, lower Credit Limit. You agree that\nwe may restrict your right to obtain withdrawals from the Deposit. Upon a Default and without\nnotice to you, we may apply any sums then in the Deposit against what you then owe on your\nAccount. We may retain the Deposit or any sums remaining in the Deposit until the latest of the\nfollowing events: (i) 14 days after the time all sums owed to us on your Account are paid in\nfull, (ii) 10 weeks from the time we receive from you all of the unexpired Cards and Cash\nAdvance Checks, cut in half, or (iii) 10 weeks from the time of termination of your Account.\nExcept for the Deposit, we do not have a security interest in any other of your property in\nconnection with your Account.\nTerminating Credit Privileges and Closing Your Account. You or we can terminate\nyour credit privileges at any time for any reason, including but not limited to when you are in\nDefault under this Agreement. If you or we terminate your credit privileges, you promise that\nany amounts that you owe us at the time of termination, plus any new Purchases or Cash\nAdvances, plus any Interest Charges and other fees and charges that will continue to be\nimposed at the rates and in the amounts specified in this Agreement, will be repaid according to\nthis Agreement.\nYou may Close your Account at any time. In order to close your Account, you must:\ngive us written notice of your intent to close your Account at the address for inquiries shown on\nyour Statement, and pay your outstanding balance in full. Your notice to close your Account\nwill become effective as soon as we can reasonably act on it. If you request to close your\nAccount, but do not pay your outstanding balance in full, your credit privileges will be\nterminated. If you close your account, the terms of this Agreement remain in effect.\nDefault. You will be in default of this Agreement (\xe2\x80\x9cDefault\xe2\x80\x9d) if any of the following\noccur:\n1. You do not make a Minimum Payment on your Account on or before the\nPayment Due Date;\n2. You die or are declared legally incompetent;\n3. You become insolvent or bankrupt;\n4. You exceed or attempt to exceed the Credit Limit;\n5. You provide us with false or misleading information or signatures at any time\nor use your Account in any fraudulent or unlawful manner;\n6. You fail to comply with this Agreement;\n7. You fail to make any payment or perform any promise in any other agreement\nor obligation you have with us; or\n8. Any judgment, lien, attachment or execution is issued against you, the\nDeposit or your other property.\nIf you are in Default, we may immediately terminate your credit privileges on your\nAccount and any other credit account(s) you may have with us. We need not give you notice of\ntermination. We may also demand that you immediately pay us all sums owing on your\nAccount and any other credit account(s) you may have with us, including all unpaid Interest\n\n8\n\n\x0cCharges and other charges. We may also combine the outstanding balance on your Account\nwith the balances of any other credit account(s) you may have with us regardless of whether or\nnot that account is past due. Without notice to you, we may also apply any sums then in the\nDeposit, including interest, if any, you earned on the Deposit, against what you then owe on\nyour Account. We may also demand that you cut the Card(s) and Cash Advance Checks in half\nand immediately return them to us. Although we may have declared your Account to be in\nDefault, you agree to pay us Interest Charges and other charges at the rates provided in this\nAgreement until all sums you owe us are paid in full, even if we have demanded that you make\nimmediate payment in full.\nIf we waive a Default, we do not waive the right to declare the same or another event\noccurring later as a Default of your Account. If we start collection proceedings to recover\namounts you owe us on this Agreement, to the extent permitted by law you agree to pay the\nreasonable fees of our attorneys who are not our regularly salaried employees, all fees paid to\nthird parties who collect on your debt for us, and all of our court, arbitration or other collection\ncharges.\nCheck Return. If we issue Cash Advance Checks or drafts to you for use with your\nAccount, you agree that we need not return to you those that you use. If you need evidence of\nany payment made to a merchant or other person by a Cash Advance Check or draft, you agree\nthat a photocopy or similar reproduction we provide to you will be satisfactory for such\npurposes. Such copies are subject to the Copying Charges listed in the Our Charges section of\nthis Agreement.\nNo Responsibility. We are not responsible in any way for the failure or refusal of any\nperson to honor a Card, Cash Advance Check or other credit instrument or device we supply to\nyou. We are not responsible if any ATM or other device fails to operate or operates improperly.\nLost or Stolen Cards or Checks. You agree to notify us immediately if any Card or\nCash Advance Checks are lost or stolen, or if you suspect that they or your Account has been\nused, or may be used, without your permission.\nUnlawful Internet Gambling. Restricted transactions are prohibited from being\nprocessed through your account with us as required by the Unlawful Internet Gambling\nEnforcement Act of 2006 and Regulation GG. A restricted transaction is a transaction or\ntransmittal involving any credit, funds, instrument, or proceeds in connection with the\nparticipation of another person in unlawful internet gambling.\nSeverability and Waiver. If any provision of this Agreement is invalid or\nunenforceable under any law, rule or regulation, it shall not affect the validity or enforceability\nof any other provision of this Agreement. We may delay or waive enforcing any of our rights\nunder this Agreement without losing them.\nChanging This Agreement. We may change the terms of this Agreement at any time\nand from time to time and including, without limitation, by increasing existing annual or other\nfees, adding new fees, adding other new terms or deleting or modifying any existing terms. If\nwe change this Agreement, we will send you a prior notice of the change only if it is then\nrequired by law. To the extent permitted by law, a change in terms of this Agreement will apply\nto existing balances and new transactions on your Account.\nCredit Information. If you believe that any information that we have furnished to\nconsumer reporting agencies about you and your Account is inaccurate, you should contact the\nconsumer reporting agency to ensure your rights. As permitted by law, we may obtain\nconsumer credit reports and information about you for updates, renewals, extensions of credit,\n\n9\n\n\x0creview or collection of your Account and any other permissible purpose. We may furnish\ninformation about you and your Account to consumer reporting agencies and others who help\nservice your Account.\nGoverning Law. This Agreement and your Account will be governed by, and\ninterpreted under Federal law and the laws of the State of Delaware without reference to\nprinciples of conflict of laws. The legality, enforceability and interpretation of this\nAgreement and the amounts contracted for, charged and received under this Agreement\nwill be governed by such laws. This Agreement is entered into between you and us in\nDelaware. We make decisions about granting credit to you from and extend credit to you\nunder this Agreement in Delaware. Federal and Delaware law will also apply to any\ncontroversy, claim or dispute arising from or relating in any way to the subject matter of\nthis Agreement and/or your Account, including, without limitation, statutory, equitable or\ntort claims.\nReturn of Cards and Cash Advance Checks. You must surrender the Card(s) and\nCash Advance Checks to us upon demand.\nBinding Effect. If we pay a participating merchant for a Purchase or post a Cash\nAdvance to your Account before we receive written notice of your death or declaration of your\nlegal incompetence, or if we pay a participating merchant for a Purchase or post a Cash\nAdvance to your account for a transaction that you made prior to your death or the declaration\nof your legal incompetence, those transactions will be a valid and binding Account obligations\nupon you, your estate and your personal representatives.\nForeign Exchange Rate. If you make a transaction in a foreign currency, MasterCard\nor Visa, depending on your card type, will convert the foreign currency transaction amount into\na U.S. dollar amount. MasterCard or Visa will act in accordance with their operating\nregulations or foreign currency conversion procedures then in effect. MasterCard currently uses\na conversion rate in effect one day prior to its transaction processing data. Such rate is either a\ngovernment-mandated rate or a wholesale rate. Visa currently uses a conversion rate in effect\non its central processing date. Such rate is either a rate it selects from the range of rates\navailable in wholesale currency markets, which may vary from the rate Visa receives or the\ngovernment mandated rate. We may impose a Foreign Currency Transaction Fee as described\nin the Interest Charges section of this Agreement.\nCommunications: 1) You are providing express written permission and consent\nauthorizing us or our agents to contact you at any phone number (including mobile, cellular,\nwireless, or similar devices) or email address you provide at any time, for any lawful purpose.\nThe ways in which we may contact you include live operator, automatic telephone dialing\nsystems (auto-dialer), prerecorded message, text/SMS message or email. Phone numbers and\nemail addresses you provide include those you give to us and those from which you contact us.\nSuch lawful purposes include, but are not limited to: obtaining information; activation of the\ncard for verification and identification purposes; Account transactions or servicing related\nmatters; suspected fraud or identity theft; and collection on the Account. You understand that\nthe Bank will not be responsible for any charges you incur for communications to any such\nnumbers.\n2) Indemnification: If you provide phone number(s) for which you are not the subscriber, you\nunderstand that you shall indemnify us for any costs and expenses, including reasonable\n\n10\n\n\x0cattorneys' fees, incurred as a result of us contacting or attempting to contact you at the\nnumber(s).\n3) Revocation: If you do not want to receive communications as described above, you must\nprovide us with written notice revoking your prior consent. Written notice must be sent to:\nApplied Bank, P.O. Box 17125, Wilmington, DE 19850-7125.\nYour Information. You agree to provide us with accurate and updated information\nnecessary to communicate with you and to send you information about your Account. Your\nCards, Statements and any other notices will be sent to you at the address in our files. If you\nchange your name, address, telephone numbers or e-mail address, you must notify us promptly.\nWe may at our option accept corrections or updates to your personal information from the\nUnited States Postal Service and others. You agree that in the event that we do not have valid\npersonal information on file we may obtain such information from a third party. You agree that\nwe may send information to you about your Account by e-mail and that such information may\ninclude, among other things its delinquency or overlimit status. If you do not want us to send\naccount information by e-mail, please send a written request to our customer service address\nasking us not to do so.\nWe May Transfer Your Account. We may at any time, and without notice to you,\ntransfer, assign or sell your account, any sums due on your account, this Agreement, or our\nrights or obligations under your account or this Agreement to any person or entity. The person\nor entity to whom we make any such sale, assignment or transfer shall be entitled to all of our\nrights and/or obligations under this Agreement, to the extent sold, assigned or transferred.\nARBITRATION PROVISION\nArbitration. Arbitration is a method of deciding disputes outside the court system. This\nArbitration Provision governs when and how any disputes you and we may have will be\narbitrated instead of litigated in court.\nCertain Definitions. Certain capitalized words used in this Arbitration Provision have\nspecial meanings:\n\xe2\x80\x9cWe,\xe2\x80\x9d \xe2\x80\x9cus,\xe2\x80\x9d and \xe2\x80\x9cour\xe2\x80\x9d do not mean just the Bank. These terms also include: (1) any\nparent company of the Bank, all companies owned by, controlled by or under common\nownership or control with the parent company or the Bank, including but not limited to Applied\nCard Systems, Inc.; (2) any prior issuer of the Account; (3) any company to which we transfer\nour rights under this Agreement; and (4) all of the employees or other individuals who manage\nor own these companies. Finally, if either you or we elect to arbitrate any Claim you bring\nagainst us, these terms include any other persons or companies who you make Claims against\nin the same proceeding.\n\xe2\x80\x9cClaim\xe2\x80\x9d means any dispute between you and us that cannot be resolved without a\njudicial or arbitration proceeding and arises as a result of, or has anything at all to do with: (1)\nyour Account; (2) the events leading up to your becoming an Account holder; (3) this\nAgreement (including this Arbitration Provision); (4) any prior credit account or agreement\nrelating to such account; or (5) your relationship with us. This includes disputes relating to any\nproducts, insurance or other services offered to you as an Account holder. This includes\ndisputes about whether this Arbitration Provision is valid or binding; about whether or when it\napplies; and whether a dispute is arbitrable. It includes disputes relating to constitutional\n\n11\n\n\x0cprovisions; statutes; ordinances; regulations; court decisions; compliance with the Agreement\nor a related contract; and wrongful acts of every type (whether intentional; fraudulent; reckless;\nor just negligent). It includes requests for money, for orders requiring you or us to take certain\nactions (which are sometimes referred to as \xe2\x80\x9cinjunctive relief\xe2\x80\x9d), for declarations of legal rights\nand for any other kind of relief. This Arbitration Provision applies to Claims that arise prior to\nthe effective date of this Arbitration Provision. Notwithstanding the foregoing, any dispute\nconcerning the validity or effect of the part of this Arbitration Provision captioned \xe2\x80\x9cNO CLASS\nACTIONS OR SIMILAR PROCEEDINGS\xe2\x80\x9d shall not be subject to this Arbitration Provision\nand shall be resolved by a court and not an arbitrator.\n\xe2\x80\x9cAdministrator\xe2\x80\x9d means the American Arbitration Association (\xe2\x80\x9cAAA\xe2\x80\x9d), 335 Madison\nAvenue, New York, NY 10017, www.adr.org, or, in the event that AAA is not available as a\nforum for arbitration of a Claim, such alternative forum which administrates arbitration of a\nClaim in accordance with the Federal Arbitration Act, 9 U.S.C. \xc2\xa7\xc2\xa71 et seq. and the\nAdministrator\xe2\x80\x99s Rules. The arbitrator will be selected under the Administrator\xe2\x80\x99s Rules. You can\nselect the arbitrator if you give us written notice of your selection with your notice that you are\nelecting to arbitrate any Claim or within 20 days after we give you notice that we are electing to\narbitrate any Claim. If you do not select the arbitrator on time, we will select one. If for any\nreason the arbitrator you or we select is unable or unwilling to serve or continue to serve as\narbitrator , you will have 20 days to select a different arbitrator.\nStarting an Arbitration. You or we can give written notice of an intention to begin\narbitration of a Claim or Claims or to require arbitration of the other party\xe2\x80\x99s Claim or Claims.\nThis notice can be given by one party even if the other party has begun a lawsuit. If such a\nnotice is given, any Claim will be resolved by arbitration under this Arbitration Provision and\nthe Administrator\xe2\x80\x99s Rules that are in effect at the time the Claim is filed with the Administrator.\nThe arbitrator must be a lawyer with more than 10 years of experience or a retired judge, unless\nyou and we agree otherwise. A copy of the Claim form may be obtained from the\nAdministrator or from us. A party who has asserted a Claim in a lawsuit may still elect\narbitration with respect to any Claim that is later asserted in the same lawsuit by any other\nparty. All doubts about whether to arbitrate a Claim shall be resolved in favor of arbitration.\nWe will not elect to arbitrate an individual Claim that you bring against us in \xe2\x80\x9csmall\nclaims\xe2\x80\x9d court (or the equivalent court in your state). However, we may elect to arbitrate a\n\xe2\x80\x9csmall claims\xe2\x80\x9d court Claim that is later transferred, removed or appealed to any different court.\nIMPORTANT LIMITATIONS\nIf you or we elect to arbitrate a Claim, neither you nor we will have the right to\npursue that Claim in court or have a jury decide the Claim. Also, the ability of a party to\nobtain information from the other party and to appeal, is more limited in an arbitration\nthan in a lawsuit. Other rights that you or we would have in court may also not be\navailable in arbitration. The fees charged by the administrator may be higher than the\nfees charged by a court.\nNO CLASS ACTIONS OR SIMILAR PROCEEDINGS\nIf you or we elect to arbitrate a Claim: (1) neither you nor anyone else on your\nbehalf can pursue that Claim in court or in an arbitration proceeding on a class-wide or\nrepresentative basis; and (2) Claims brought by or against one account holder (or joint\naccount holders) may not be brought together with Claims brought by or against any\n\n12\n\n\x0cother account holder. The arbitrator shall have no authority to hear or decide an\narbitration on a class-wide or representative basis. However, this prohibition against class\nactions is not applicable to cardholders residing in the State of California.\nArbitration Location and Costs. Any arbitration hearing that you attend will take\nplace at a location reasonably convenient to your residence. In the event that you file a Claim\nagainst us and you cannot afford to pay the fees charged by the Administrator and the arbitrator\nor if you believe that such fees are too high, and you cannot obtain a fee waiver, we will\nconsider any reasonable written request by you for us to advance the fees. We will pay any fees\nor expenses we are required to pay by law. The arbitrator will decide who will be ultimately\nresponsible for paying those fees. In the event that you file a Claim against us, in no event will\nyou be required to reimburse us for any arbitration filing, administrative or hearing fees in an\namount greater than what your court costs would have been if the Claim had been resolved in a\nstate court with jurisdiction. In the event that we file a Claim against you, the arbitrator will\ndecide who is responsible for paying all costs for arbitrating the Claim.\nGoverning Law. This Agreement involves interstate commerce and this Arbitration\nProvision is governed by the Federal Arbitration Act (\xe2\x80\x9cFAA\xe2\x80\x9d), 9 U.S.C. \xc2\xa7\xc2\xa71 et seq. The\narbitrator must follow: (1) the FAA; (2) the substantive law, consistent with the FAA, related to\nany Claim; (3) statutes of limitations; and (4) claims of privilege recognized at law. Upon the\ntimely request of either party, the arbitrator must provide a brief written explanation of the\nbasis for the award. The arbitrator will determine the rules of procedure and evidence to apply,\nconsistent with the FAA, the Administrator\xe2\x80\x99s Rules and this Arbitration Provision. The\narbitrator shall not apply federal, state or local rules of procedure and evidence or state or local\nlaws concerning arbitration proceedings.\nObtaining Information. After an arbitration has been started, in addition to a party\xe2\x80\x99s\nright to obtain information from the other party under the Administrator\xe2\x80\x99s Rules, either party\nmay request the arbitrator in writing to allow that party to obtain more information from the\nother party. A copy of such request must be provided to the other party. That party will then\nhave the chance to object in writing. The objection must be sent to the arbitrator and the other\nparty. The arbitrator will decide the issue, in his or her sole discretion.\nEffect of Arbitration Award. Any appropriate court may enter judgment upon the\narbitrator\xe2\x80\x99s award. The arbitrator\xe2\x80\x99s decision will be final and binding, except for any appeal\nright under the FAA and except for Claims that involve requests for monetary relief exceeding\n$100,000 or requests for injunctive or declaratory relief that could cost any party more than\n$100,000. For these large Claims, any party may appeal the award to a three-arbitrator panel\nappointed by the Administrator. That panel will consider all over again any part of the initial\naward that any party asserts was incorrectly decided. The decision of the panel will be by\nmajority vote and will be final and binding, except for any appeal right under the FAA. Unless\napplicable law provides otherwise, the fees charged by the Administrator, and the arbitrators\nfor such an appeal, are to be paid by the appealing party, regardless of who wins the appeal.\nHowever, we will consider any reasonable written request by you for us to pay such fees. All\nother provisions of this Arbitration Provision shall apply to any appeal to a three-arbitrator\npanel and any reference in this Arbitration Provision to a single arbitrator shall apply to the\nthree-arbitrator panel.\nContinued Effect of Arbitration Provision. This Arbitration Provision governs,\nnotwithstanding any prior arbitration provision between you and us. This Arbitration Provision\n\n13\n\n\x0cwill remain in force no matter what happens to you or your Account. For example, it will\nremain in force even if: (1) your credit privileges are ended or put on hold; (2) you close your\nAccount; (3) you repay your entire Account balance; (4) we begin a lawsuit to collect amounts\nwe think you owe; or (5) you become bankrupt or insolvent or a bankruptcy or insolvency\nproceeding is begun, to the extent consistent with applicable bankruptcy law. If any portion of\nthis Arbitration Provision cannot be enforced for any reason, the rest of this Arbitration\nProvision will continue to apply. However, if the part of this Arbitration Provision captioned\n\xe2\x80\x9cNO CLASS ACTIONS OR SIMILAR PROCEEDINGS\xe2\x80\x9d is struck in a proceeding brought as\na class action or representative action, the entire Arbitration Provision (other than this sentence)\nshall be null and void in such proceeding, provided that we and you retain the right to contest\nthrough appeal or further available judicial proceedings any determination with respect to this\npart of the Arbitration Provision. In the event of any conflict or inconsistency between this\nArbitration Provision, on the one hand, and the Administrator\xe2\x80\x99s Rules or other provisions of\nthis Agreement, on the other hand, this Arbitration Provision will govern.\nRejection of Arbitration Provision. You may reject this Arbitration Provision, (and\nany prior arbitration provision between you and us) by sending us a notice (\xe2\x80\x9cRejection Notice\xe2\x80\x9d)\nthat we receive within thirty (30) days after you open your Account. Any Rejection Notice\nmust include your name, address and telephone number and must be signed by you. You must\nmail your Rejection Notice or send it by messenger service (such as Federal Express) to us at\nour Legal Department at P.O. Box 15803, Wilmington, DE 19850 or to any bank branch. In the\nevent of any dispute concerning whether you have provided a timely Rejection Notice, you\nmust provide a signed receipt as confirmation. This is the only method you can use to reject this\nArbitration Provision.\nYOUR BILLING RIGHTS\nKEEP THIS NOTICE FOR FUTURE USE\nThis notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.\nWHAT TO DO IF YOU FIND A MISTAKE ON YOUR STATEMENT\nIf you think there is an error on your billing statement, write to us on a separate sheet at P.O.\nBox 17125, Wilmington, DE 19850-7125. In your letter, give us the following information:\n\xe2\x80\xa2 Account information: Your name and Account number.\n\xe2\x80\xa2 Dollar amount: The dollar amount of the suspected error.\n\xe2\x80\xa2 Description of problem: If you think there is an error on your bill, describe what you believe\nis wrong and why you believe it is a mistake.\nYou must contact us:\n\xe2\x80\xa2 Within 60 days after the error appeared on your statement.\n\xe2\x80\xa2 At least 3 business days before an automated payment is scheduled, if you want to stop\npayment on the amount you think is wrong.\nYou must notify us of any potential errors in writing. You may call us, but if you do we are not\nrequired to investigate any potential errors and you may have to pay the amount in question.\nWHAT WILL HAPPEN AFTER WE RECEIVE YOUR LETTER\nWhen we receive your letter, we must do two things:\n1. Within 30 days of receiving your letter, we must tell you that we received your letter.\nWe will also tell you if we have already corrected the error.\n\n14\n\n\x0c2. 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\xe2\x80\xa2 We cannot try to collect the amount in question, or report you as delinquent on that amount.\n\xe2\x80\xa2 The charge in question may remain on your statement, and we may continue to charge you\ninterest on that amount.\n\xe2\x80\xa2 While you do not have to pay the amount in question, you are responsible for the remainder of\nyour balance.\n\xe2\x80\xa2 We can apply any unpaid amount against your credit access line.\nAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2 If we made a mistake: You will not have to pay the amount in question or any interest\nor other fees related to that amount.\n\xe2\x80\xa2 If 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 you\nowe and the date payment is due. We may then report you as delinquent if you do not\npay the amount we think you owe.\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 anyone\nto whom we reported you as delinquent, and we must let those organizations know when the\nmatter 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\nWITH YOUR CREDIT CARD PURCHASES\nIf you are dissatisfied with the goods or services that you have purchased with your credit\ncard, and you have tried in good faith to correct the problem with the merchant, you may\nhave the right not to pay the remaining amount due on the purchase.\nTo use this right, all of the following must be true:\n1. The purchase must have been made in your home state or within 100 miles of your\ncurrent mailing address, and the purchase price must have been more than $50. (Note: Neither\nof these are necessary if your purchase was based on an advertisement we mailed to you, or if\nwe own the company that sold you the goods or services.)\n2. You must have used your credit card for the purchase. Purchases made with cash\nadvances from an ATM or with a check that accesses your credit card Account do not qualify.\n3. You must not yet have fully paid for the purchase.\nIf all of the criteria above are met and you are still dissatisfied with the purchase, contact us in\nwriting on a separate sheet at P.O. Box 17125, Wilmington, DE 19850-7125.\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.\nYOUR LIABILITY FOR UNAUTHORIZED\nUSE OF YOUR ACCOUNT\nYou may be liable for unauthorized use of your Account. You will not be liable for\nunauthorized use that occurs after you notify us, orally or in writing, of the loss or theft, or\n\n15\n\n\x0cpossible unauthorized use of your card, Cash Advance Checks, or your account. In any case,\nyour liability will not exceed $50. To notify us of the loss, theft, or possible unauthorized use of\nyour Account, call us at the telephone number located on the back of your Card or your Billing\nStatement, 24 hours a day or write to us at the address noted in the paragraph \xe2\x80\x9cHOW TO\nCONTACT US\xe2\x80\x9d.\nHOW TO CONTACT US\nFor general inquiries we can be reached in writing at: Applied Bank, P.O. Box 17125,\nWilmington, DE 19850-7125. Or, you can call our Customer Service Department at 1-800 9471090. Automated Account Information is available 24 hours a day with representatives\navailable during normal business hours. Payments should be mailed to the address listed on\nyour Statement.\nAPPLIED BANK\nDEPOSIT ACCOUNT RULES AND REGULATIONS\nIn these Deposit Rules and Regulations (the \xe2\x80\x9cRules\xe2\x80\x9d), \xe2\x80\x9cwe\xe2\x80\x9d are Applied Bank of Wilmington,\nDE. \xe2\x80\x9cYou,\xe2\x80\x9d \xe2\x80\x9cyour\xe2\x80\x9d and \xe2\x80\x9cyours\xe2\x80\x9d refer to the person or persons whose Visa or MasterCard credit\nCard account (\xe2\x80\x9cAccount\xe2\x80\x9d) is secured by this Deposit Account (the \xe2\x80\x9cDeposit\xe2\x80\x9d).\nJOINT ACCOUNT. If you have a Joint Account the Deposit will be deemed a Joint Account\nwith the Right of Survivorship. Each of you will be deemed to own an equal share and each has\nthe right to make deposits and withdrawals. Upon the death of any signer, the Deposit will\nbecome the property of the survivor.\nDEPOSITS. You can make additions to the Deposit by mail at any time. To assure proper\ncrediting, you should not include the deposit in the same envelope in which you are making\npayment on the Account.\nWITHDRAWALS. You can make a request to us for a withdrawal from your Deposit only by\nmail. Because your Deposit secures payment of sums owing on your Account, we need not\nhonor any withdrawal order until the latest of the following events: (i) 14 days after the time all\nsums owed to us on your Account are paid in full, (ii) 10 weeks from the time we receive from\nyou all unexpired credit Cards and cash advance checks, cut in half, or (iii) 10 weeks from the\ntime your Account is closed.\nINTEREST. We do not pay interest on the Deposit.\nRIGHT OF SETOFF. We reserve the right to set-off against this Deposit to repay any\nobligation you may owe to us under any other agreement with us. We will notify you if we\ndo so.\nASSIGNMENTS PROHIBITED. You may not assign the Deposit to anyone other than us.\nGOVERNING LAW. These Rules and your Deposit will be governed by and interpreted\nunder Federal law and the laws of the State of Delaware without reference to the\nprinciples of conflict of laws. Such laws will govern the legality, enforceability, and\ninterpretation of these Rules. These Rules are entered into between you and us in Delaware.\nFederal and Delaware law will also apply to any controversy, claim or dispute arising from or\nrelating in any way to the subject matter of these Rules and/or your Deposit, including, without\nlimitation, statutory, equitable or tort claims.\nAMENDMENTS. We may change the terms of these Rules from time to time, including,\nwithout limitation, by adding new terms or by deleting or modifying existing terms. If we\nchange the Rules, we will send you a prior notice of the change only if it is then required by\n\n16\n\n\x0claw. To the extent permitted by law, a change in terms of these Rules will apply to existing\nbalances and new transactions on your Deposit.\nApplied Bank\nWilmington, DE\n\xc2\xa9 2017 Applied Bank. All Rights Reserved.\nMember FDIC.\n\n17\n\n\x0cM-124993 2/18\n\nApplied Bank\xc2\xae Schedule of Rates and Fees\nInterest Rates and Interest Charges\nAnnual Percentage Rate (APR) for\nPurchases and Cash Advances\n\n9.99%\n\nPenalty APR and When it Applies\n\nNone\n\nPaying Interest\n\nThere is no grace period on this account. We will begin\ncharging interest on purchases and cash advances on\nthe transaction date.\n\nMinimum Interest Charge\n\nIf you are charged interest, the charge will be no less\nthan $0.50.\n\nFor Credit Card Tips from the Consumer\nFinancial Protection Bureau\n\nTo learn more about factors to consider when applying\nfor or using a credit card, visit the website of the\nConsumer Financial Protection Bureau at:\nhttp://www.cfpb.gov/learnmore\n\nFixed Rate\n\nFees\nSet-up and Maintenance Fees\n\nNOTICE: Your Annual Fee will be billed to your\nAccount when it is opened and will reduce the amount\nof your initial available credit. For example, if your\nAccount was established with a credit line of $200,\nyour initial available credit will be $152.\nYou may still reject this plan, provided that you have\nnot used the Account or paid a fee after receiving a\nbilling statement. If you do reject the plan, you are not\nresponsible for any fees or charges.\n\nAnnual Fee\nMonthly Maintenance Fee\nAdditional Card Fee\nReplacement Card Fee\nCopying Charges\nFees for Optional Payments\nStop Payment Fee\nAutomated Account Information Fee\nCredit Limit Increase Fee\nReinstatement Fee\n\n$48\nNone\n$30\n$30\n$10 per copy\n$12.95 for each payment\n$30\n$0.50 for each separate Account inquiry made through\nour automated account information system\nNone\n$50\n\nTransaction Fees\nCash Advance Fee\nForeign Currency Transaction Fee\n\nEither $5 or 5% of the amount of each cash advance,\nwhichever is greater.\n3% of each transaction in U.S. dollars.\n\nPenalty Fees\nLate Fee\nReturned Payment Fee\n\nUp to $38\nUp to $38\n\nHow We Will Calculate Your Balance: We will use a method called \xe2\x80\x9caverage daily balance (including\nnew purchases).\xe2\x80\x9d See your account agreement for more details.\nBilling Rights: Information on your rights to dispute transactions and how to exercise those rights is\nprovided in your account agreement.\nMilitary Lending Act Disclosures\nStatement of MAPR: Federal law provides important protections to members of the Armed Forces and\ntheir 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 may not exceed an annual percentage rate of 36\npercent. This rate must include, as applicable to the credit transaction or account: The costs associated\nwith credit insurance premiums; fees for ancillary products sold in connection with the credit transaction;\nany application fee charged (other than certain application fees for specified credit transactions or\naccounts); and any participation fee charged (other than certain participation fees for a credit card\naccount).\nOral Disclosure. Please call Customer Service at 1-800-947-1090 Monday - Friday, 9 a.m. - 6 p.m.\nEastern Time for any additional information concerning this disclosure.\n\n\x0c"