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-125002 6/20\n\nApplied Bank Schedule of Rates and Fees\n\xc2\xae\n\nInterest Rates and Interest Charges\nAnnual Percentage Rate (APR) for\nPurchases and Cash Advances\n\n29.99%\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 $300,\nyour initial available credit will be $225.\nYou may still reject this plan, provided you have not\nyet used the Account or paid a fee after receiving a\nbilling statement. If you do reject the plan, you are\nnot responsible for any fees or charges, including\nany Processing Fee(s) paid prior to receipt of your\nCredit Card Agreement. Any such Processing Fee(s)\npreviously paid will be refunded upon rejection of the\nplan.\n\nProcessing Fee\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$89 (One-time Fee paid prior to account opening)\n$75 the first year; after that, $45 annually\nNone for the first year; after that, $6.25 per month\n($75 annually).\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\n$100 (unless you and we otherwise agree)\n$50\n\nTransaction Fees\nCash Advance Fee\nForeign Currency Transaction Fee\n\nEither $10 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.\nAdditional Information Regarding Processing Fee\nWe require a one-time up front Processing Fee of $89.00 to be paid in full before your Account is opened.\nOnce we have received and processed your payment of the Processing Fee, your Account will be opened\nand you may activate and begin using your Card.\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"


b'SUMMARY OF IMPORTANT CREDIT TERMS\nThis Summary of Important Credit Terms is part of the Card Agreement.\n\nInterest Rates and Interest Charges\nPlatinum Card\n\nPlatinum Rewards Card\nSignature Rewards Card\n& FCC Rewards Card\n\nAnnual Percentage\nRate (APR) for\nPurchases and\nBalance Transfers\n\n9.99-15.99%*\n\n11.99-17.99%* 11.99-17.99%*\n\nAPR for Cash\nAdvances\n\n17.99%\nThis APR will vary with\nthe market based on\nthe Prime Rate.\n\n17.99%\nThis APR will vary with\nthe market based on\nthe Prime Rate.\n\nSpecial\nIntroductory Rate\n\n0% Introductory APR for 12 months on Purchases and Balance Transfers.\nAfter that the standard APR shown above will apply.\n\nPaying Interest\n\nYour due date is at least 27 days after the close of each billing cycle.\nWe will not charge you any interest on purchases or balance transfers if\nyou pay your entire balance by the due date each month. We will begin\ncharging interest on cash advances on the transaction date.\n\nMinimum Interest\nCharge\n\nIf you are charged periodic interest, the charge will be no less than $1.\n\nThis APR will vary with\nthe market based on\nthe Prime Rate.\n\nThis APR will vary with This APR will vary with\nthe market based on the market based on\nthe Prime Rate.\nthe Prime Rate.\n17.99%\nThis APR will vary with\nthe market based on\nthe Prime Rate.\n\nFor Credit Card Tips To learn more about factors to consider when applying for or using\nfrom the Consumer a credit card, visit the website of the Consumer Financial Protection\nFinancial Protection Bureau at http://www.consumerfinance.gov/learnmore\nBureau\nFees\nAnnual Fee\n\nNone\n\nTransaction Fees\n\xe2\x80\xa2 Cash Advance\n\nEither $10 or 2% of the amount of each cash advance, whichever is greater.\n\n\xe2\x80\xa2 Balance Transfer\n\nEither $10 or 2% of the amount of each cash advance, whichever is greater.\n\n\xe2\x80\xa2 Foreign Transaction\n\nNone\n\nPenalty Fees\n\xe2\x80\xa2 Late Payment\n\nUp to $39\n\n\xe2\x80\xa2 Returned Payment\n\nUp to $39\n\n\xe2\x80\xa2 Returned Check\n\n$10\n\n* When you open your account, based on your creditworthiness\nHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9caverage daily balance (including new\npurchases).\xe2\x80\x9d See the First Financial Bank Card Agreement.\nBilling Rights: Information on your rights to dispute transactions and how to exercise those rights is\nprovided in the First Financial Bank Card Agreement.\nTerms and Conditions\nBalance Transfers - Under the Card Agreement, balance transfers are treated like purchases for interest\ncalculation purposes. However, if your account has rewards, balance transfers do not earn rewards.\nVariable Rate Based on the Prime Rate: Variable APRs are based on the U.S. Prime Rate as August 1,\n2020. The APR may increase or decrease monthly if the Prime Rate changes during that period, but will\nnever exceed 25%. This information was accurate as of the date specified above and is subject to change\nafter that date. Contact us at 1-800-221-8890 for any change in the information since it was printed.\n\nRev. 03-2021\n\n\x0cPrepayment: You may pay the unpaid balance of the account in whole or in part at any time.\nOH Residents - The Ohio laws against discrimination require that all creditors make credit equally available\nto all credit worthy customers, and that credit reporting agencies maintain separate credit histories on each\nindividual upon request. The Ohio Civil Rights Commission administers compliance with this law.\nIMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT. To help the\ngovernment fight the funding of terrorism and money laundering activities, Federal law requires all financial\ninstitutions to obtain, verify, and record information that identifies each person who opens an account. What\nthis means for you: When you open an account, we will ask for your name, address, date of birth, and other\ninformation that will allow us to identify you. We may also ask to see your driver\xe2\x80\x99s license or other identifying\ndocuments; and obtain identification information about you or any authorized user you add to your account.\nCredit Reports - We may order credit reports in connection with processing applications/solicitations and\nany update, renewal or extension of credit. Upon request, we will tell you the name and address of any\nconsumer reporting agency that furnished a report on you. You consent to the obtaining of such reports by\nsigning or otherwise submitting an application or solicitation.\nAbout This Offer - This offer is valid for new accounts only. You must be at least 18 years of age. This\noffer is available only to applicants who are permanent residents of the U.S. and reside in the United\nStates. If at the time of your application you do not meet the credit or income criteria previously established\nfor this offer, or the income you report is insufficient based on your current obligations, we may be unable to\nopen an account for you. Additional fees and account terms will be described in the Card Agreement that will\nbe provided with the card upon approval. Upon approval, you will receive a Card Agreement. You agree that\nthe Card Agreement and the account are governed by Ohio and federal law.The terms of your account,\nincluding rates and fees, are subject to change, to the extent permitted by law.\nCredit Line - We determine your credit line based on a review of information bearing on your creditworthiness.\nIf this is a secured card account, you agree to establish and maintain a deposit account as security for the\nAccount with an amount of funds equal to your credit line.\nPayment Allocation - Payment for up to the Minimum Payment amount will be applied at our discretion,\nand may be applied first to fees and interest, then to the balance with the lowest APR on your Account,\nand then to balances with higher APRs. Payment amounts in excess of the Minimum Payment will first be\napplied to the balances with the higher APRs before balances with lower APRs, except as otherwise required\nby applicable law. Credits will be applied at our discretion.\nMobile Telephone - Permission to Contact - By giving us your mobile telephone number, we have your permission\nto contact you at that number regarding all accounts you have with us. Your consent allows us to use text messaging,\nartificial or prerecorded voice messages and automatic dialing technology for informational and account service\ncalls, but not for telemarketing or sales calls. It may include calls from companies working on our behalf to service\nyour account. Message and data rates may apply. You can change these preferences at any time by contacting us.\nJury Trial and Class Claims Waiver and Arbitration - The Card Agreement contains an Arbitration provision with a\njury trial and class claims waiver, which impacts your rights, including your right to bring or participate in a class action\nor have a jury trial in the event of a dispute between you and us. If you do not agree, do not submit an application.\nInformation Sharing - Our Privacy Policy is available online at Bankatfirst.com.\nThis card is issued by First Financial Bank, Cincinnati, OH.\nVisa\xc2\xae is a registered trademark of Visa International Service Association and used under license.\nFirst Financial Bank Card Agreement\nThis document and the Interest Rate and Interest Charges table (\xe2\x80\x9cSummary\xe2\x80\x9d) are your agreement with us\n(\xe2\x80\x9cAgreement\xe2\x80\x9d) and govern your credit card (\xe2\x80\x9cAccount\xe2\x80\x9d). You accept this Agreement by signing, including\nelectronically, the application or sales slip or other evidence of indebtedness.\nDEFINITIONS\nYou, your: a person who signed or otherwise applied for a Card. We, us, our: First Financial Bank, the\nissuer of the Card. Authorized User: anyone you allow to use the Card or Account, whether you tell us or\nnot. Bill: the billing statement for the Account. Balance Transfer: transfer of a balance to the Account.\nBusiness Days: Monday to Friday, except Federal Reserve Bank holidays. Card: a card, Account number,\nor other access device issued to you, or someone with your authorization. Cash Advance: use of the Card to\nobtain cash from an ATM or financial institution; to load or purchase stored value; to purchase lottery tickets,\nmoney orders, casino chips, or foreign currency; or similar actions. Check: a check we give you to access\nthe Account. It is at the Cash Advance APR. New Balance: total amount you owe at the end of a billing\ncycle. Purchase: use of the Card to buy or lease goods or services where the Card is honored.\n\nRev. 03-2021\n\n\x0cACCOUNT\nUse. You may use the Account for Purchases, Cash Advances, Check transactions or Balance Transfers.\nYou may not use it for purchases of securities or commodities, business purposes, or for illegal transactions.\nYou may not use a Check to pay us or our affiliate. You agree to pay us all amounts due on the Account,\nincluding charges made by Authorized Users. We may not authorize a transaction for security or other\nreasons. We will not be liable to you if we decline to authorize a transaction or if the Card is refused.\nCredit Line. You must keep the Account balance below the Account credit line. If you do not, we may request\nimmediate payment of the amount by which you exceed it. We may set a lower credit line for Cash Advances.\nWe may change the credit lines without notice. We may delay increasing available credit by the amount of a\npayment we receive for up to 10 business days.\nCancellation. You may cancel the Account at any time by notifying us. We may cancel or suspend the\nAccount at any time without notice. You remain responsible for any amount you owe under this Agreement.\nPayments. You may pay the balance at any time. You must pay at least the Minimum Payment by the\npayment due date each month. You must pay us in U.S. dollars drawn on funds on deposit in the U.S. We\ncredit payments in accordance with the terms on the Bill. If you mail a payment to an address other than\nthe one specified on the Bill, there may be a delay in crediting the payment. We apply payments up to\nthe Minimum Payment and all credits to the balances on the Account in any order we select. We always\napply payments as required by law. We can accept late payments, partial payments, or payments marked\n\xe2\x80\x9cPayment in Full\xe2\x80\x9d or with another restrictive endorsement without losing our rights under this Agreement.\nINTEREST\nCalculating Interest-Average Daily Balance Method (including new charges). Balance Transfers are\ntreated like Purchases for interest calculation purposes. We calculate interest separately for each\nCategory (Purchases, Checks, Cash Advances, and different promotional balances). First, we calculate the\naverage daily balance for a Category. Each day, we start with the beginning balance. (For the first day of the\nbilling cycle, this is the balance on the last day of the previous billing cycle, minus unpaid interest or fees.)\nWe add new transactions, subtract new payments and credits, and make adjustments. We add up the daily\nbalances for the billing cycle and divide by the number of days in the billing cycle to get the average daily\nbalance. Second, we multiply the average daily balance for each Category by its periodic rate and, if the\nperiodic rate is daily, by the number of days in the billing cycle. This gives us the interest for the Category for\nthe billing cycle. A monthly periodic rate is the Annual Percentage Rate (\xe2\x80\x9cAPR\xe2\x80\x9d) divided by\nA daily periodic rate is the APR divided by 365. The total interest for the billing cycle equals the greater of the\nsum of the interest for each Category or the minimum interest charge.\nWhen Interest Begins. We begin charging interest on Purchases, Checks, and Cash Advances on the date\nof the transaction. If you paid the New Balance on the previous Bill by the Payment Due Date on that Bill, we\nwill not impose interest on any portion of new Purchases (ones that first appear on the current Bill) if paid by\nthe Payment Due Date on the current Bill. There is no grace period for Checks or Cash Advances.\nNew Balance. To calculate the New Balance at the end of a billing cycle, we begin with the total Account\nbalance at the start of that billing cycle, add new transactions, subtract new credits or payments, add new\ninterest or fees and make other adjustments (for example, if you have disputed a charge)\nVariable APR. A variable APR equals the sum of the Margin we specify and the U.S. Prime Rate (\xe2\x80\x9cIndex\xe2\x80\x9d)\nquoted in the Money Rates Table of The Wall Street Journal on the 10th business day of the month. The APR\nwill increase if the Index increases. A change to the Index takes effect the first day of the billing cycle that\nbegins in the following month and will apply to new and existing balances. If an APR increases, the amount\nof interest and the Minimum Payment may increase. If The Wall Street Journal ceases publication, we will\nselect a new index and notify you.\nFEES\nSee Summary for more fee information\nAnnual. At Account opening and each year after we charge the Annual fee; see the Summary. Foreign.\nFor a transaction made outside the U.S. or not in U.S. dollars we charge the fee; see the Summary. Late\nPayment. If we do not receive the Minimum Payment by six days after the payment due date, we charge\na Late Payment fee. It is the lesser of $25 ($39 if a payment is late again within six billing cycles) or the\nMinimum Payment due when the payment was late. Returned Payment. If any payment on the Account is\nnot honored, we charge a Returned Payment fee. It is the lesser of $25 ($39 if another payment is returned\nwithin six billing cycles) or the Minimum Payment due immediately before the payment was returned.\nReturned Check. If we don\xe2\x80\x99t pay a Check because, for example, the amount of the Check would exceed\nthe available Credit Line, we receive it after its expiration date, it is postdated, you are in default, or the\nAccount is suspended or cancelled; we charge a $10 fee. Stop Payment. If we agree to stop payment on\na Check, we charge a $10 fee, whether or not we successfully stop payment, subject to any restrictions of\napplicable law.\n\nRev. 03-2021\n\n\x0cOTHER\nContact us. Unless we tell you otherwise, you may contact us at 877-339-4078 or at 225 Pictoria Dr., Suite\n600 \xe2\x80\x93 Card Services, Cincinnati, Ohio 45246. Contact us within 15 days after changing your email address,\nmailing address or phone number.\nLost/Stolen Cards. Notify us immediately if the Card is lost or stolen, or if someone may be using the\nAccount or Card without permission.\nDefault. You are in default if you fail to make a required payment on your Account or another account with\nus when due, die, file bankruptcy or become insolvent, exceed the Credit Line, or have given us any false,\nmisleading, or incomplete information. Upon default, we may declare the Account balance immediately due\nand payable without notice.\nJoint Accounts. Each of you agrees to be liable individually and jointly for the entire amount owed. Notice to\none of you serves as notice to both.\nForeign Transactions. The credit card association converts transactions in foreign currency into U.S. dollars\nusing a wholesale or government-mandated rate.\nInformation Sharing. We send you our Privacy Policy when you open the Account and annually. It\nsummarizes the personal information we collect, how we safeguard it, when it may be shared with others,\nand how you can limit our sharing. Contact us or visit Bankatfirst.com for a copy.\nCredit Reports. We may review your credit, employment, and income records. We may report the status and\npayment history of the Account to credit reporting agencies and other creditors. If you believe information we\nhave reported is inaccurate or incomplete, write us at 225 Pictoria Dr., Suite 600 \xe2\x80\x93 Card Services, Cincinnati,\nOhio 45246. If you have the credit report, send a copy.\nWaiver. We may delay or not enforce our rights under this Agreement without losing or waiving any of them.\nChanges. We may at any time change, add to, or delete any of the terms and conditions in this Agreement.\nWe will give notice as required by law.\nGoverning Law. This Agreement is governed by applicable federal law and by Ohio law, without regard to\nOhio\xe2\x80\x99s conflicts of law rules. We will not charge interest or fees prohibited by law.\nAssignment. We may sell, assign or transfer the Account or a portion of it without notice. You may not sell,\nassign, or transfer the Account.\nSeverability. If any part of this Agreement is found to be invalid, the rest will remain in effect. However, if the\n\xe2\x80\x9cNo Jury Trial or Class Claims\xe2\x80\x9d section in the arbitration provision is invalidated in a proceeding in which you\nand we are involved, then the arbitration provision will be void with respect to that proceeding.\nARBITRATION\nIf you are a Covered Borrower under the Military Lending Act, this section does not apply. This arbitration\n\xe2\x80\x9cprovision\xe2\x80\x9d describes how all Claims (defined below) will be arbitrated, if you or we elect, instead of litigated\nin court.\nDefinitions. For purposes of this provision, \xe2\x80\x9cyou\xe2\x80\x9d and \xe2\x80\x9cus\xe2\x80\x9d also includes any corporate affiliates, licensees,\npredecessors, successors, assigns, purchaser of any accounts, and all agents, employees, directors and\nrepresentatives of any of the foregoing, and other persons referred to in the definition of \xe2\x80\x9cClaim.\xe2\x80\x9d \xe2\x80\x9cClaim\xe2\x80\x9d\nmeans any past, present, or future dispute or controversy between you and us relating to this Account and\nincludes claims by or against any third party relating to the Account. The term \xe2\x80\x9cClaim\xe2\x80\x9d is to be given the\nbroadest possible enforceable meaning. However, \xe2\x80\x9cClaim\xe2\x80\x9d does not include a claim challenging the validity\nor enforceability of this provision, including the class action waiver. \xe2\x80\x9cAdministrator\xe2\x80\x9d means the American\nArbitration Association, www.adr.org, (800) 778-7879; or JAMS, www.jamsadr.com, (949) 224-1810.\nRight to Elect Arbitration. Either we OR you may choose to resolve each Claim by arbitration at any time\nunless the Claim has been filed in court and trial has begun or final judgment entered. We will not elect\narbitration for any Claim you file in small claims court, so long as the Claim is individual and pending only in\nthat court. The arbitrator\xe2\x80\x99s authority to resolve Claims and make awards or decisions is limited to you and us\nalone. Claims between you and us may not be joined or consolidated in arbitration with claims brought by or\nagainst someone other than you, unless agreed to in writing by all parties. However, corporate affiliates are\nconsidered one person for the purposes of this section. No arbitration award has any preclusive effect as to\nany dispute involving anyone who is not a party to the arbitration. This arbitration provision is made pursuant\nto a transaction involving interstate commerce and governed by the Federal Arbitration Act (\xe2\x80\x9cFAA\xe2\x80\x9d).\nNo Jury Trial or Class Claims. If we or you request arbitration of a Claim, neither has the right to litigate\nthe Claim in court and the Claim must be arbitrated on an individual basis. This means there is no jury trial,\ndiscovery may be limited, and no Claim may be arbitrated on a class-action, private attorney general, or other\nrepresentative basis, and neither we nor you has the right to participate in any class or group of claimants\nRev. 03-2021\n\n\x0cpertaining to any Claim subject to arbitration.\nRules. The party initiating arbitration shall select an Administrator from the list above. If no Administrator is\navailable, the arbitration shall be administered by an administrator or arbitrator upon which you and we agree\nto in writing. The arbitration shall be governed by the rules of the chosen Administrator and this Agreement.\nThese rules may limit discovery. You can get a copy of an Administrator\xe2\x80\x99s rules from the Administrator. A\nsingle, neutral arbitrator resolves Claims. The arbitrator is either a lawyer with at least 10 years\xe2\x80\x99 experience\nor a retired or former judge, selected in accordance with the Administrator\xe2\x80\x99s rules. The arbitrator takes\nreasonable steps to protect customer account information and other confidential information if requested\nby you or us. Arbitration hearings take place in the federal judicial district in which you reside. If you wish to\nbegin an arbitration of your Claim against us but cannot afford the Administrator\xe2\x80\x99s costs and cannot in good\nfaith obtain a waiver from the Administrator, we advance those costs if you ask us in writing. If you lose the\narbitration, the arbitrator decides if you have to repay the advance. Unless applicable law requires, each\nparty pays their own lawyers\xe2\x80\x99, experts\xe2\x80\x99, and witnesses\xe2\x80\x99 fees. The arbitrator applies applicable substantive law\nconsistent with the FAA and applicable statutes of limitations, honors claims of privilege, and has the power\nto award any damages or other relief provided for under applicable law. The arbitrator makes any award in\nwriting and, if requested, provides a brief statement of reasons.\nArbitration Award and Appeals. Judgment upon the arbitrator\xe2\x80\x99s award may be entered in any court with\njurisdiction. The arbitrator\xe2\x80\x99s decision is final and binding, except for any appeal right under FAA. The appealing\nparty pays the appeal costs. This agreement to arbitrate shall survive any suspension, termination, revocation,\nor closure of the Agreement or Account, and any bankruptcy to the extent consistent with applicable law.\nEnforcement of this Provision. If any part of this arbitration provision cannot be enforced, the rest\ncontinues to apply. However, an arbitrator cannot enlarge his or her authority beyond that provided by\nthis arbitration provision by enforcing only part of this arbitration provision. If an arbitrator determines that\napplicable law requires this arbitration provision to be enforced in a way that enlarges his or her authority,\nsuch as the adjudication of claims on a class or representative basis, then the arbitrator must decline to hear\nthe dispute and refer the parties to a court or other body with sufficient authority. In the event of any conflict\nor inconsistency between this arbitration provision and the Administrator\xe2\x80\x99s rules or other provisions of this\nAgreement, this arbitration provision governs.\n\t\t\tYour 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 Bill.\nIf you think there is an error on your Bill, write to us at the address listed on your Bill. You may also contact\nus on the Web: www.bankatfirst.com. 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 suspectederror\n\xe2\x80\xa2 Description of problem: If you think there is an error on your Bill, describe what you believe is wrong\nand why you believe it is a mistake.\nYou must contact us:\n\xe2\x80\xa2 Within 60 days after the error appeared on your Bill.\n\xe2\x80\xa2 At least 3 business days before an automated payment is scheduled, if you want tostop payment on\nthe amount you think is wrong.\n\xe2\x80\xa2 You must notify us of any potential errors in writing or electronically. You may call us, but if you do we\nare not required 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. We will also tell\nyou if we have already corrected the error.\n2. Within 90 days of receiving your letter, we must either correct the error or explain why we believe the\nBill is correct.\nWhile we investigate whether or not there has been an error:\nWe cannot try to collect any amount in question, or report you as delinquent on that amount.\nThe charge in question may remain on your Bill, and we may continue to charge you interest on that\namount.\nWhile you do not have to pay the amount in question, you are responsible for the remainder of your\nbalance.\nWe can apply any unpaid amount against your credit limit.\nAfter we finish our investigation one of two things will happen:\nIf we made a mistake: You will not have to pay the amount in question or any interest or other fees\nrelated to that amount.\nRev. 03-2021\n\n\x0cIf we do not believe there was a mistake: You must pay the amount in question, along with applicable\ninterest and fees. We will send you a statement of the amount that you owe and the date payment is due.\nWe may then report 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\nthat you still refuse to pay. If you do, we cannot report you as delinquent without also reporting that you are\nquestioning your Bill. We must tell you the name of any one to whom we reported you as delinquent, and we\nmust let those organizations know when the matter has been settled between us.\nIf we do not follow all the rules above, you do not have to pay the first $50 of the amount you question, even if\nyour 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 purchased with your credit card, and you tried in\ngood faith to correct the problem with the merchant, you may have the right not to pay the remaining amount\ndue on the purchase.\nTo use this right, all the following must be true:\n1. The purchase must have been made in your home state or within 100 miles of your current mailing\naddress, and the purchase price must have been more than $50. (Neither of these is necessary if your\npurchase was based on an advertisement we mailed to you, or if we ownthe company that sold you the\ngoods or services.)\n2. You must have used your credit card for the purchase. Purchases made with cash advances from an\nATM 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 the criteria above are met and you are still dissatisfied with the purchase, contact us in writing or\nelectronically at the address listed on your Bill or on the Web at www.bankatfirst.com.\nWhile we investigate, the same rules apply to the disputed amount as discussed above. After we finish our\ninvestigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we\nmay report you as delinquent.\n\nRev. 03-2021\n\n\x0c'