b'RATE AND FEE SUMMARY\nInterest Rates and Interest Charges\n\nAnnual Percentage Rate (APR) for Purchases\n\nFrom 23.99% to 25.99%\nThis APR will vary with the market based on the Prime Rate.\nFrom 23.99% to 25.99%\n\nAPR for Cash Advances\n\nThis APR will vary with the market based on the Prime Rate.\n\nPaying Interest\n\nYour due date is at least 24 days after the close of each billing period. We will not charge\nyou interest on purchases if you pay your entire balance by the due date each month. We\nwill begin charging interest on cash advances on the transaction date.\n\nMinimum Interest Charge\n\nIf you are charged interest, the charge will be no less than $1.00.\n\nFor Credit Card Tips from the Consumer\nFinancial Protection Bureau\n\nTo learn more about factors to consider when applying for or using a credit card,\nvisit the website of the Consumer Financial Protection Bureau at\nhttp://www.consumerfinance.gov/learnmore\xe2\x80\x8b.\n\nFees\nAnnual Fee\n\nFrom $0 to $59\n\nTransaction Fees\n\xe2\x97\x8f\n\nCash Advance\n\n\xe2\x97\x8f\n\nForeign Transaction\n\nPenalty Fees\n\xe2\x97\x8f Late Fee\n\nThe greater of\xe2\x80\x8b $10 \xe2\x80\x8bor \xe2\x80\x8b3% \xe2\x80\x8bof the amount of the cash advance.\nNone\n\nUp to \xe2\x80\x8b$39\n\nHow We Will Calculate Your Balance\xe2\x80\x8b: We use a method called the \xe2\x80\x9cAverage Daily Balance (including new transactions).\xe2\x80\x9d See your Cardmember\nAgreement for more details.\nBilling Rights\xe2\x80\x8b: Information on your rights to dispute transactions, including how to exercise those rights, is provided in your Cardmember\nAgreement.\nRate Information\xe2\x80\x8b: The following chart provides details on your variable rate based on the 3.25% Prime Rate as of 4/1/2020.\nVariable APR\n\nDaily Periodic Rate\n\nU.S. Prime Rate Plus Margin of\n\nPurchases\n\nFrom 23.99% to 25.99%\n\nFrom 0.06572% to 0.07120%\n\nFrom 20.74% to 22.74%\n\nCash Advances\n\nFrom 23.99% to 25.99%\n\nFrom 0.06572% to 0.07120%\n\nFrom 20.74% to 22.74%\n\n\x0cCARDMEMBER AGREEMENT\nThis product is offered by WebBank and serviced by Avant, LLC. (\xe2\x80\x9cAvant\xe2\x80\x9d).\nThis Cardmember Agreement (\xe2\x80\x9cAgreement\xe2\x80\x9d), which includes your Rate and Fee Summary, is your contract with us. Please read it and keep it for\nyour records. This Agreement, along with the application you submitted to request the Account, including but not limited to your credit report\nauthorization and e-consent, govern the use of your Account.\nAcceptance of Agreement: \xe2\x80\x8bYou accept this Agreement if you do not cancel your Account within 30 days after we send you the Card or if you (or an\nAuthorized User) use the Account. \xe2\x80\x8bHowever, you may reject the \xe2\x80\x9cArbitration Clause with Class Action and Jury Trial Waiver\xe2\x80\x9d \xe2\x80\x8b(\xe2\x80\x9cClause\xe2\x80\x9d) \xe2\x80\x8bas\nnoted in that Clause if you wish. In the event of a dispute, the Clause will have a substantial effect on your rights, including your right to\nbring or participate in a class action.\nChanges to Your Agreement: \xe2\x80\x8bWe may change the rates, fees and terms of this Agreement and we may add or delete any term to this Agreement.\nWe will give you advance written notice of these changes and a right to reject the change, if required by law.\n\nDEFINITIONS\nThe terms in this Definitions section have the same meanings when used in your statement.\n\xe2\x80\x9cAccount\xe2\x80\x9d \xe2\x80\x8bmeans\xe2\x80\x8b \xe2\x80\x8bthe credit card account with us established by this Agreement.\n\xe2\x80\x9cAPR\xe2\x80\x9d \xe2\x80\x8bmeans annual percentage rate.\n\n\xe2\x80\x9cAuthorized User\xe2\x80\x9d\xe2\x80\x8b means any person you allow to use your Account.\n\xe2\x80\x9cCard\xe2\x80\x9d\xe2\x80\x8b means one or more cards or other access devices, including your Account number or virtual card, that we issue to you, or someone you\nauthorize, to receive credit under this Agreement.\n\xe2\x80\x9cPrime Rate\xe2\x80\x9d\xe2\x80\x8b means the U.S. Prime Rate published in The Wall Street Journal on the first day of the month, or if there is no publication that day,\nthen the U.S. Prime Rate published on the immediately prior publication date will be used. If the Wall Street Journal does not publish the Prime Rate,\na similar published rate will be the \xe2\x80\x9cPrime Rate\xe2\x80\x9d for purposes of this Agreement.\n\xe2\x80\x9cWe\xe2\x80\x9d\xe2\x80\x8b, \xe2\x80\x8b\xe2\x80\x9cus\xe2\x80\x9d\xe2\x80\x8b or \xe2\x80\x8b\xe2\x80\x9cour\xe2\x80\x9d\xe2\x80\x8b means WebBank, the lender and the issuer of your Card.\n\n\xe2\x80\x9cYou\xe2\x80\x9d\xe2\x80\x8b, \xe2\x80\x8b\xe2\x80\x9cyour\xe2\x80\x9d\xe2\x80\x8b or \xe2\x80\x8b\xe2\x80\x9cyours\xe2\x80\x9d\xe2\x80\x8b means you and any other person who is also contractually liable under this Agreement.\n\nThe following terms used in this Agreement refer to amounts on your statement: New Balance, Previous Balance, Current Period Minimum Payment,\nand Total Minimum Payment Due.\nUSING YOUR ACCOUNT\nYou agree to use your Account in accordance with this Agreement. You agree to pay us for all amounts due on your Account. This includes any\ncharges made by an Authorized User. You agree not to use your Account for illegal transactions.\nPurchases.\xe2\x80\x8b You may use your Account to purchase goods or services from any merchant that accepts your Card. However, purchases of items that\nare convertible to cash are treated as a cash advance. See the Cash Advances section.\nCash Advances. \xe2\x80\x8bYou have obtained a cash advance if you use your Account to obtain cash from an ATM, financial institution, or other location; use\na convenience check; purchase items that are convertible to cash, such as lottery tickets, money orders, casino chips, foreign currency, or similar\nitems. See Rate and Fee Summary for the cash advance fee.\nConvenience Checks. \xe2\x80\x8bWe may send you convenience checks to access your Account. These checks are treated as cash advances, unless we tell\nyou otherwise. You may not use a convenience check to pay any amount you owe us or any of our affiliates.\nCredit Authorizations. \xe2\x80\x8bWe may not authorize a transaction for security or other reasons. We may limit the number or amount of transactions we\nauthorize on your Account in any one day. We will not be liable to you if we decline to authorize a transaction or if anyone refuses any use of your\nCard, convenience check or Account number, except as required by applicable law.\nCredit Limit. \xe2\x80\x8bWe will inform you of your credit limit. You must keep your Account balance below your credit limit. If you do not, you must still pay us.\nIf we honor transactions above your credit limit, that will not increase your credit limit. Part of this credit limit may be available for cash advances. We\nmay increase or decrease your credit limit and the amount available for cash advances at any time, without advance notice.\n\n\x0cMobile Devices.\xe2\x80\x8b \xe2\x80\x8bSmart phones, tablets, and other electronic devices can download, store, and/or access Account information. This means they can\nbe used to get credit under this Agreement. Any such transaction is covered by this Agreement. Secure your mobile device. Anyone who can access\nyour Card using your device can make charges to your Account. Apps that use your Card to get credit may have separate terms of use. Read them\ncarefully. We are not responsible if you violate those terms or for any consequences from violating those terms.\nJoint Accounts.\xe2\x80\x8b If this Account is a joint Account, each of you agrees to be individually and jointly liable for the entire amount owed on the Account.\nEach of you also agrees that any notice we send to either of you will serve as notice to both of you.\nAnnual Fee.\xe2\x80\x8b If this Account is subject to an annual fee, the amount is shown in the Rate and Fee Summary. We charge the annual fee during the\nfirst billing period after the Card is sent to you, and on an annual basis thereafter. Paying the annual fee does not limit our right to close the Account\nor our right to limit your ability to transact under the Account.\nLate Fee.\xe2\x80\x8b If you do not pay the Total Minimum Payment Due on your statement by the Payment Due Date, we will charge you a late fee. The fee is\n$28, unless you incurred a late fee during the prior six billing periods. If you did, the fee is $39. This fee will not exceed the amount permitted by law.\nAutomatic Billing. \xe2\x80\x8bIf you set up an automatic billing arrangement with a merchant, you are responsible for providing updated Account number or\nCard expiration date information to the merchant. You also authorize us to provide updated information to the merchant at our discretion. If you want\nto cancel automatic billing you must contact the merchant.\nAPRs and INTEREST\nInterest. \xe2\x80\x8bYour APRs are on the Rate and Fee Summary. We apply the APRs to your Account balances. We do this every day by using a Daily\nPeriodic Rate. To get a Daily Periodic Rate, we divide the APR by 365.\nVariable APRs. \xe2\x80\x8bA variable APR is determined by adding a margin (a number of percentage points) to the Prime Rate. The Rate Information table in\nthe Rate and Fee Summary specifies the margin we add.\xe2\x80\x8b \xe2\x80\x8bVariable APRs increase or decrease based on changes in the Prime Rate. An increase in\nthe APR will increase the interest and may increase your minimum payment. Any increase or decrease in a variable APR due to a change in the\nPrime Rate takes effect as of the first day of your billing cycle during which the Prime Rate has changed. The APRs applicable to your Account will\nnot exceed 29.99%.\nAverage Daily Balance Method (including new transactions). \xe2\x80\x8bWe calculate interest separately for each transaction type (e.g. purchases, cash\nadvances, and each promotional balance). For each transaction type, on the last day of the billing period we calculate the interest by multiplying the\napplicable Daily Periodic Rate by the Average Daily Balance and by the number of days in the billing period. You authorize us to round interest to the\nnearest cent. We then add the interest to your balance for that transaction type. The total interest charged for a billing period equals the sum of the\ninterest charge for each transaction type.\nTo determine an "Average Daily Balance" for a transaction type, we calculate a daily balance each day of the billing period. For each transaction\ntype, we start with the previous balance, which may include unpaid interest and fees imposed in previous billing periods. Each day, we add any new\ntransactions for each transaction type, which may include fees and interest; subtract any payments or credits for each transaction type; and make\nother adjustments. (We add transaction fees to the same daily balance as the transaction. We generally add other fees to the daily balance for\npurchases.) We treat any credit balance as a balance of $0. Then, we add up all the balances for the billing period, and divide the total by the\nnumber of days in the billing period. This gives us the Average Daily Balance. This computation method results in compounding the unpaid interest\nfrom previous billing periods.\nMinimum Interest Charge. \xe2\x80\x8bIf we charge interest, the\xe2\x80\x8b \xe2\x80\x8bminimum amount will be $1.00.\nAVOIDING INTEREST\nWhen Interest Begins. \xe2\x80\x8bInterest begins on a transaction, fee or interest from the day we add it to the daily balance. We continue to impose interest\nuntil you pay the total amount you owe us. You can avoid interest on purchases (i.e. a \xe2\x80\x9cGrace Period\xe2\x80\x9d), but not on cash advances which accrue\ninterest from the date of transaction.\nGrace Period on Purchases. \xe2\x80\x8bYou can avoid paying interest on purchases that appear on your current statement if you (1) had no New Balance (or\na credit balance) on the statement for the past billing period or (2) paid the New Balance for the past billing period in full by the Payment Due Date.\nIn either case, we will not impose interest on new purchases, or any portion of a new purchase, paid by the Payment Due Date on your current\nstatement. When the grace period on purchases does not apply, interest begins to accrue on purchases on the transaction date.\n\n\x0cPAYMENTS\nPayment Instructions. \xe2\x80\x8bWe credit your payments in accordance with the terms on your statement. If you mail your payment to an address other than\nthe address on the payment coupon of your statement, there may be a delay in crediting the payment to your Account.\xe2\x80\x8b \xe2\x80\x8bWe can accept late\npayments, partial payments or payments marked \xe2\x80\x9cpayment in full,\xe2\x80\x9d or with any other restrictive endorsement, without losing any of our rights under\nthis Agreement. Payment marked \xe2\x80\x9cpayment in full\xe2\x80\x9d must be sent to the address shown on your billing statement. You must make payment in U.S.\ndollars in funds on deposit in the U.S. If you do not, we may refuse to accept your payment. We may also charge you the costs we incurred to collect\nthe funds and we may select the currency conversion rate.\nMinimum Payment. \xe2\x80\x8bYou may pay all or any part of your balance at any time without penalty. You must pay at least the Total Minimum Payment Due\neach billing period by the Payment Due Date on your statement. We will advise you of your Payment Due Date each month on your statement. Your\nTotal Minimum Payment Due will include the Current Period Minimum Payment and all past due amounts. Your Current Period Minimum Payment is\nthe greater of 1% of the New Balance on your statement plus any late fee and interest assessed during the current billing period, or $25. However, if\nthe difference between the New Balance on your statement and your calculated Total Minimum Payment Due is less than $1.00, your Total Minimum\nPayment Due will be the New Balance on your statement. You will need to pay the Current Period Minimum Payment and all past due amounts to\nbe in good standing. At any time we can require you to pay all amounts by which your balance exceeds your credit limit.\nHow We Apply Payments. \xe2\x80\x8bWe apply payments up to the Total Minimum Payment Due at our discretion. This may result in balances at lower APRs\nbeing paid before other balances. This may also result in higher interest. Payments in excess of the Total Minimum Payment Due will be apportioned\nas required by law.\nOTHER INFORMATION\nDefault. \xe2\x80\x8bYou are in default if:\n\xe2\x97\x8f You fail to pay the Total Minimum Payment Due by the Payment Due Date;\n\xe2\x97\x8f You exceed your credit limit;\n\xe2\x97\x8f You use your Card or Account for an illegal transaction;\n\xe2\x97\x8f A bankruptcy or other insolvency proceeding is filed by or against you;\n\xe2\x97\x8f We have a reasonable belief that you are unable or unwilling to repay your obligations to us;\n\xe2\x97\x8f You die or are deemed incompetent or incapacitated; or\n\xe2\x97\x8f You do not comply with any other terms of this Agreement or any other agreement with us or an affiliate.\nIf you are in default, we reserve the right to declare the entire Account balance immediately due and payable without notice, unless required by\napplicable law, and close your Account.\nCollection Costs. \xe2\x80\x8bIf we use an attorney to collect your Account, we may charge you our legal costs as permitted by law. These may include\nreasonable attorneys\xe2\x80\x99 fees and court costs.\nContact Authorization. \xe2\x80\x8bThis authorization with us includes our servicer Avant, and extends to the successors, assigns, affiliates, agents and\nindependent contractors, including servicers and collection agents of both Avant and us. If you provide us with an email address, you authorize us to\ncontact you by email. If you provide us with a telephone number, you expressly authorize us to contact you by voice or text using automatic dialing\nequipment and artificial or prerecorded voice messages. These communications may be monitored or recorded. You authorize these contacts even if\nthe number is a mobile phone number or converts to a mobile phone number, and even if you are charged by your service provider. These contacts\nmay concern debt collection, notification of potential fraud, or for other Account-servicing purposes. The authorization given here does not extend to\ntelemarketing or sales calls. You agree to notify us immediately of any change you make to the email address, telephone numbers or address that\nyou provide us. You may change your preferences or update your contact information by calling the Card Services number shown on the front of\nyour statement. If we do not have current contact information for you to service your Account, we may choose to suspend or close your Account.\nYou acknowledge that this consent forms part of a bargained-for exchange. To the extent you have the right under applicable law to revoke this\nauthorization, you agree that you may do so only by sending an email to creditcards@avant.com or by calling a customer service representative at\n855-282-6822 specifying your preference. To stop text messages, you can also simply reply \xe2\x80\x9cSTOP\xe2\x80\x9d to any text message we may send you.\nPrivacy Policy. \xe2\x80\x8bYou authorize us to share information about you and your Account as permitted by law. See our Privacy Policy at \xe2\x80\x8bwww.avant.com\nfor details about WebBank and Avant\xe2\x80\x99s information sharing practices.\nCredit Reporting.\xe2\x80\x8b We may from time to time review your credit, employment, and income records. Upon request, we will give you the name and\naddress of any consumer reporting agency that furnished a report on you. \xe2\x80\x8bWe may report information about the status and payment of your\nAccount to credit bureaus and other creditors. Late payments, missed payments, or other defaults on your Account may be reflected in\nyour credit report.\xe2\x80\x8b We may report Account information in your name and the names of Authorized Users. If you think we reported incorrect\ninformation, contact us by communicating with Avant at 855-282-6822 or send an email to us at \xe2\x80\x8bcreditcards@avant.com\xe2\x80\x8b.\n\n\x0cUnauthorized Use. \xe2\x80\x8bYou must notify us if you wish to cancel the authority of an Authorized User to use your Account. You must notify us immediately\nby calling the Card Services number shown on the front of your statement and assist us in our investigation if your Card is lost or stolen or you\nbelieve someone is using your Account or a Card without your permission.\nClosing Your Account\xe2\x80\x8b:\xe2\x80\x8b \xe2\x80\x8bYou may close your Account at any time. You may close your Account by calling the number on the back of your Card. You\nwill remain responsible for any amount you owe us under this Agreement. Any joint Account holder may close a joint Account. However, both of you\nwill remain responsible for paying all amounts owed. We may close, suspend or not renew your Account at any time, for any reason, without prior\nnotice.\nIf you or we close your Account, you must pay us the full amount you owe us, which may include amounts that we have not yet billed to you. Until\nyou pay us in full, we may continue to charge applicable fees as well as interest on the amount you owe us.\nForeign Transactions: \xe2\x80\x8bTransactions in a foreign currency are converted to U.S. dollars by our network providers (Visa and MasterCard) using their\nprocedures in effect at the time the transaction is processed. Currently, they use a government-mandated or wholesale rate. These procedures may\nchange without notice.\xe2\x80\x8b \xe2\x80\x8bThe conversion rate you get may differ from the rate on the transaction or post date, and from the rate our network provider\ngets. A merchant or other third party may convert a transaction into U.S. dollars or another currency, using a rate they select, before sending it to our\nnetwork provider.\nGoverning Law. \xe2\x80\x8bThis Agreement is governed by applicable federal law and by Utah law, without regard to Utah\xe2\x80\x99s conflict of laws principles. We will\nnot charge any fee or interest prohibited by law.\nWaiver\xe2\x80\x8b. We may delay enforcing or give up any rights under this Agreement in certain situations. If any term is waived, we may still exercise any\nand all rights under this Agreement in the future.\nSeverability. \xe2\x80\x8bIf any part of this Agreement conflicts with applicable law, that provision will be considered modified to conform to applicable law. If any\npart of this Agreement is invalid, the rest shall remain in effect, except as otherwise noted in the Arbitration Clause.\nAssignment. \xe2\x80\x8bWe may assign any or all of our rights and obligations under this Agreement. You may not assign any of your rights or obligations\nunder this Agreement.\nCovered Borrowers Under the Military Lending Act\nThe Military Lending Act provides specific protections for active duty service members and their dependents in consumer credit transactions. This\nSection includes information on the protections provided to covered borrowers as defined in the Military Lending Act.\nFederal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In\ngeneral, the cost of consumer credit to a member 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 with credit insurance premiums; fees for\nancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit\ntransactions or accounts); and any participation fees charged (other than certain participation fees for a credit card account).\nThe provisions of the Arbitration Clause with Class Action and Jury Trial Waiver shall not be applicable to, and shall not be enforceable against, a\ncovered borrower as defined in the Military Lending Act.\nOral Disclosures.\xe2\x80\x8b Please call 844-615-4531 to obtain oral disclosures, including the statement of MAPR and account-opening disclosures\napplicable to your credit card, required under the Military Lending Act.\nARBITRATION CLAUSE WITH CLASS ACTION AND JURY TRIAL WAIVER\n\nBy accepting this Agreement, you agree to this Arbitration Clause with Class Action and Jury Trial Waiver (\xe2\x80\x9cClause\xe2\x80\x9d)\xe2\x80\x8b \xe2\x80\x8bunless you opt-out as described\nbelow. For purposes of this Clause, \xe2\x80\x9c\xe2\x80\x8bwe\xe2\x80\x8b\xe2\x80\x9d, \xe2\x80\x9c\xe2\x80\x8bus\xe2\x80\x8b\xe2\x80\x9d or \xe2\x80\x9c\xe2\x80\x8bour\xe2\x80\x8b\xe2\x80\x9d means WebBank, the lender and the issuer of your Card, as well as Avant, which services the\nAccount.\nWe have drafted this Clause in question and answer form to make it easier to understand. But, this Clause is part of this Agreement and is legally\nbinding.\n\n\x0cBackground and Scope.\nWhat is arbitration?\n\nAn alternative to\ncourt.\n\nIn arbitration, a third party (\xe2\x80\x9cArbiter\xe2\x80\x9d) resolves Disputes in a hearing (\xe2\x80\x9chearing\xe2\x80\x9d).\n\nIs it different from\ncourt and jury trials?\n\nYes.\n\nThe hearing is private and usually less formal than court. Arbiters may limit pre-hearing fact\nfinding, called \xe2\x80\x9cdiscovery.\xe2\x80\x9d Appeals are limited. Courts rarely overturn arbitration decisions.\n\nCan you opt-out of\nthis Clause?\n\nYes, within 60 days.\n\nIf you do not want this Clause to apply, you must send us a signed notice within 60 calendar\ndays of when we send you the Card. You must send the notice in writing (and not\nelectronically) to the following address: Attn: Avant \xe2\x80\x93 Legal Department, 222 N. LaSalle St.,\nSuite 1600, Chicago, Illinois 60601. You must provide your name, address, Account number\nand date. You must state that you \xe2\x80\x9copt out\xe2\x80\x9d of the arbitration clause. If you opt-out of this\nClause, it will not affect any other term of this Agreement.\n\nWhat is this Clause\nabout?\n\nThe parties\xe2\x80\x99\nUnless prohibited by applicable law and unless you opt-out, you and we agree that any party\nagreement to arbitrate covered by this Clause may elect to arbitrate or require arbitration of any \xe2\x80\x9cDispute\xe2\x80\x9d as defined\nDisputes.\nbelow.\n\nWho does the Clause\ncover?\n\nYou, us, and certain\n\xe2\x80\x9cRelated Parties\xe2\x80\x9d\n\nThis Clause governs you and us. It also covers certain \xe2\x80\x9cRelated Parties.\xe2\x80\x9d These include: (1)\nour agents, heirs, successors, and assigns; (2) our parent companies, subsidiaries, and\naffiliates; (3) our employees, directors, officers, shareholders, members, representatives and\nservice providers; and (4) any person or company that is involved in a Dispute that you pursue\nrelating to this Agreement or your Account.\n\nWhat Disputes does\nthe Clause cover?\n\nMost Disputes that\nwould normally go to\ncourt (except certain\nDisputes about this\nClause).\n\nThis Clause governs \xe2\x80\x9cDisputes\xe2\x80\x9d that would usually be decided in court and are between us (or\nany Related Party) and you. In this Clause, the word \xe2\x80\x9cDisputes\xe2\x80\x9d has the broadest possible\nmeaning. It includes all past, present and future claims directly or indirectly arising from or\nrelated to your application, this Agreement, your Account and relationship with us and any\ncommunications relating to the same. It includes claims based on contract, tort, intentional\ntort, fraud, negligence, agency, equity, statute or regulation, or any other sources of law,\nclaims seeking damages or injunctive or declaratory relief and initial claims, counterclaims,\ncross-claims, and third-party claims. It includes claims related to any prior applications or\nagreements. It includes extensions and payment plans. It includes claims related to\ncollections, privacy, and customer information. It includes claims related to the validity in\ngeneral of this Agreement. \xe2\x80\x8bBut, it does not include disputes about the validity, coverage,\nor scope of this Clause or any part of this Clause. All such disputes are for a court and\nnot the Arbiter to decide.\n\nWho handles the\narbitration?\n\nUsually AAA or JAMS. Arbitrations are conducted under this Clause and the rules of the arbitration company in effect\nat the time the arbitration is commenced. But, arbitration rules that conflict with this Clause do\nnot apply. The arbitration company will be either:\n\xe2\x97\x8f The American Arbitration Association (\xe2\x80\x9cAAA\xe2\x80\x9d), 1633 Broadway, 10\xe2\x80\x8bth\xe2\x80\x8b Floor, New\nYork, NY 10019, \xe2\x80\x8bwww.adr.org\xe2\x80\x8b.\n\xe2\x97\x8f JAMS, 620 Eighth Avenue, 34\xe2\x80\x8bth\xe2\x80\x8b Floor, New York, NY 10018, \xe2\x80\x8bwww.jamsadr.org\xe2\x80\x8b.\n\xe2\x97\x8f Any other company picked by agreement of the parties.\nIf all the above options are unavailable, a court will pick the arbitration company. \xe2\x80\x8bBut, no\narbitration may be administered without our consent by any arbitration company that\nwould permit class arbitration under this Clause.\nThe Arbiter will be selected under the arbitration company\xe2\x80\x99s rules. But, the Arbiter must be a\nlawyer with at least ten years of experience or a retired judge unless you and we or the\nRelated Parties to the Dispute otherwise agree.\n\nCan Disputes be\nlitigated?\n\nSometimes\n\nEither party may bring a lawsuit in court if the other party does not demand arbitration before\nor after the lawsuit is brought. We will not demand arbitration of any lawsuit you bring as an\nindividual action in small-claims court that is within that court\xe2\x80\x99s jurisdiction. But, we may\ndemand arbitration of any small-claims action that is transferred, removed or appealed to a\n\n\x0cdifferent court or if any small-claims action is brought on a class basis. Even if all parties have\nopted to litigate a Dispute in court, you or we may elect arbitration with respect to any Dispute\nbrought by a new party or any Dispute later asserted by a party in that or any related or\nunrelated lawsuit. For example, if we file a lawsuit against you in court to recover amounts due\nunder this Agreement, you have the right to request arbitration, but if you do not elect to\nrequest arbitration, we reserve and do not waive the right to request arbitration of any Dispute\n(including any counterclaim) you later assert against us in that or any related or unrelated\nlawsuit.\nAre you and we giving Yes.\nup any rights if a\nDispute is arbitrated?\n\nIf a Dispute is arbitrated, you and we give up our rights to:\n1. Have juries decide Disputes.\n2. Have courts, other than small-claims courts, decide Disputes.\n3. Serve as a private attorney general or in a representative capacity.\n4. Join or consolidate a Dispute with disputes by other parties.\n5. Bring or be a class member in a class action claim or lawsuit, including as a\nrepresentative or member, or class arbitration.\n\nCan you or another\nconsumer start class\narbitration?\n\nNo.\n\nThe Arbiter is \xe2\x80\x8bnot\xe2\x80\x8b allowed to handle any Dispute on a class or representative basis. \xe2\x80\x8bAll\nDisputes subject to this Clause must be decided in an \xe2\x80\x8bindividual \xe2\x80\x8barbitration or an individual\nsmall-claims action. This Clause (except for this sentence) will be void if a court rules that the\nArbiter can decide a Disputes on a class basis and the court\xe2\x80\x99s ruling is not reversed on\nappeal. Other terms of this Clause be severed if held to be unenforceable and the remaining\nterms shall be enforced.\n\nWhat law applies?\n\nThe Federal\nArbitration Act\n(\xe2\x80\x9cFAA\xe2\x80\x9d).\n\nThis Agreement involves interstate commerce. Thus, the FAA governs this Clause. The\nArbiter must apply applicable substantive law consistent with the FAA. The Arbiter must honor\nstatutes of limitation and privilege rights. Punitive damages are governed by the constitutional\nstandards that apply in judicial proceedings. The Arbiter may award any damages or equitable\nrelief provided for under applicable law for an individual action.\n\nWill anything you do\nmake this Clause\nineffective?\n\nNo, unless otherwise\nagreed.\n\nThis Clause stays effective unless the parties sign an agreement stating it doesn\xe2\x80\x99t. This\nClause stays in force even if you default under your Agreement or go into or through\nbankruptcy or if the Agreement is assigned, terminated or is no longer in effect.\nProcess.\n\nWhat must a party do Send a written\nbefore starting a\nDispute notice and\nlawsuit or arbitration? work to resolve the\nDispute.\n\nBefore starting a lawsuit or arbitration, the complaining party must give the other party written\nnotice of the Dispute. The notice must explain in reasonable detail the nature of the Dispute\nand any supporting facts. If we are the complaining party, notice of delinquency will be sent to\nyou and posted to your online dashboard. Such notice of delinquency shall qualify as notice of\nDispute for purposes of this provision. If you are the complaining party, you must send the\nnotice in writing (and not electronically) to the following address: Attn: Avant \xe2\x80\x93 Legal\nDepartment, 222 N. LaSalle St., Suite 1600, Chicago, Illinois 60601. You, or an attorney you\nhave personally hired, must sign the notice and must provide your Account number and a\nphone number where you (or your attorney) can be reached. Once a Dispute notice is sent,\nthe complaining party must give the other party a reasonable opportunity over the next 30\ndays to resolve the Dispute on an individual basis.\n\nHow does arbitration\nstart?\n\nIf the parties do not reach an agreement to resolve the Dispute within 30 days after notice of\nthe Dispute is received, the complaining party may commence a lawsuit or arbitration, subject\nto the terms of this Clause. To start arbitration, the complaining party picks the arbitration\ncompany and follows the arbitration company\xe2\x80\x99s rules. If one party begins or threatens a\nlawsuit, or files a counterclaim in an existing lawsuit, the other party can demand arbitration.\nThis demand can be made in court papers such as a motion to compel arbitration. It can be\nmade if a party begins a lawsuit on an individual basis and then tries to pursue a class action.\n\nFollowing the rules of\nthe selected\narbitration company.\n\n\x0cOnce an arbitration demand is made, no lawsuit can be brought and any existing lawsuit must\nstop.\nWill any hearing be\nheld nearby?\n\nYes.\n\nThe Arbiter may decide that an in-person hearing is unnecessary and that he or she can\nresolve a Dispute based on written filings and/or a conference call. But, any in-person\narbitration hearing must be held at a place reasonably convenient to you.\n\nWhat about appeals?\n\nAppeals are limited.\n\nAppeal rights under the FAA are very limited. Except for FAA appeal rights and except for\nDisputes involving more than $50,000 (including Disputes involving requests for injunctive\nrelief that could cost more than $50,000), the Arbiter\xe2\x80\x99s decision will be final and binding. For\nDisputes involving more than $50,000, any party may appeal the award to a panel of three\nArbiters appointed by the arbitration company, which will reconsider from the start anything in\nthe initial award that is appealed. The panel\xe2\x80\x99s decision will be final and binding, except for any\nFAA appeal right. Any appropriate court may enter judgment upon the Arbiter\xe2\x80\x99s award.\nArbitration Fees and Awards.\n\nWho bears arbitration\ncosts?\n\nWe generally pay\nWe will pay our share of the filing, administrative, hearing and Arbiter\xe2\x80\x99s fees. At your request,\nmost fees, sometimes we will advance your share of these fees if you act in good faith and cannot get a waiver. We\nall.\nwill always pay these fees if required under applicable law or the arbitration company\xe2\x80\x99s rules\nor if payment is required to enforce this Clause.\n\nWhen will we cover\nyour legal fees and\ncosts?\n\nIf you win.\n\nIf you win an individual arbitration, we will pay your reasonable fees and costs for attorneys,\nexperts, and witnesses. We will also pay these amounts if required under applicable law or the\narbitration company\xe2\x80\x99s rules or if payment is required to enforce this Clause. The Arbiter shall\nnot limit his or her award of these amounts because your Dispute is for a small amount. In\nsituations other than those described in this answer, you will be responsible for your own\nattorney fees and other expenses.\n\nWill you ever owe us\nfor arbitration or\nattorneys\xe2\x80\x99 fees?\n\nUnder certain\ncircumstances.\n\nThe Arbiter can require you to pay our fees if (1) permitted under applicable law or if the\nArbiter finds that you have acted in bad faith (as measured by the standards set forth in\nFederal Rule of Civil Procedure 11 (b)); and (2) this power does not make this Clause invalid.\n\nCan a failure to\nresolve a Dispute\ninformally result in a\nlarger recovery for\nyou?\n\nYes.\n\nYou are entitled to an arbitration award of at least $7,500 if: (1) you give us notice of a Dispute\non your own behalf (and not on behalf of any other party) and comply with all of the\nrequirements of this Clause (including the requirements described in response to the question\nreading \xe2\x80\x9cWhat must a party do before starting a lawsuit or arbitration?\xe2\x80\x9d); (2) we refuse to\nprovide you with the relief you request before an Arbiter is appointed; and (3) the Arbiter\nawards you money damages greater than the last amount you requested at least ten days\nbefore the arbitration commenced. This is in addition to the attorneys\xe2\x80\x99 fees and expenses\n(including expert witness fees and costs) to which you are otherwise entitled. This $7,500\nminimum award is a single award that applies to all Disputes you have raised or could have\nraised in the arbitration. Multiple awards of $7,500 are not contemplated by this Clause.\nSettlement demands and offers are strictly confidential. They may not be used in any\nproceeding by either party except to justify a minimum recovery of $7,500.\n\nCan an award be\nexplained?\n\nYes.\n\nA party may request details from the Arbiter, within 14 days of the ruling. Upon such request,\nthe Arbiter will explain the ruling in writing.\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:\n222 N. LaSalle St., Suite 1600\nChicago, Illinois 60601.\nIn your letter, give us the following information:\n\xe2\x96\xaa Account information:\xe2\x80\x8b Your name and Customer ID.\n\xe2\x96\xaa Dollar amount:\xe2\x80\x8b The dollar amount of the suspected error.\n\xe2\x96\xaa Description of problem:\xe2\x80\x8b If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a\nmistake.\nYou must contact us:\n\xe2\x96\xaa Within 60 days after the error appeared on your statement.\n\xe2\x96\xaa At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.\nYou must notify us of any potential errors \xe2\x80\x8bin writing\xe2\x80\x8b. You may call us, but if you do we are not required to investigate any potential errors and you\nmay 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 already 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 correct.\nWhile we investigate whether or not there has been an error:\n\xe2\x96\xaa We cannot try to collect the amount in question, or report you as delinquent on that amount.\n\xe2\x96\xaa The charge in question may remain on your statement, and we may continue to charge you interest on that amount.\n\xe2\x96\xaa While you do not have to pay the amount in question, you are responsible for the remainder of your balance.\n\xe2\x96\xaa We can apply any unpaid amount against your credit limit.\nAfter we finish our investigation, one of two things will happen:\n\xe2\x96\xaa If we made a mistake:\xe2\x80\x8b You will not have to pay the amount in question or any interest or other fees related to that amount.\n\xe2\x96\xaa If we do not believe there was a mistake:\xe2\x80\x8b You will have to pay the amount in question, along with applicable interest and fees. We will\nsend you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay\nthe amount we think you owe.\nIf you receive our explanation but still believe your bill is wrong, you must write to us within \xe2\x80\x8b10 days\xe2\x80\x8b telling us that you still refuse to pay. If you do so,\nwe cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we\nreported you as delinquent, and we must let those organizations know when 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 $50.00 of the amount you question even if your bill is correct.\nYour Rights If You Are Dissatisfied With Your Credit Card Purchases\nIf you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the\nproblem with the merchant, you may have the right not to pay the remaining amount due on the purchase.\nTo use this right, all of the following must be true:\n1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have\nbeen more than $50.00. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own\nor operate 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 check that accesses your\ncredit 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 at:\n222 N. LaSalle St., Suite 1600\nChicago, Illinois 60601.\nWhile we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you of our\ndecision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.\n\n\x0c'