b'9/10/2021\n\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\nCredit Card Agreement for Best Egg VISA\xc2\xae\nAccounts\nDISCLOSURE SUMMARY\n\nThere are two parts to this Credit Card Agreement: The Best Egg Disclosure Summary and the Best Egg Cardmember\nAgreement. The Disclosure Summary shows a table of applicable rates and fees as of December 1, 2020. The\nCardmember Agreement contains important information related to Visa consumer credit cards issued by Best Egg. All\nterms, including fees and APRs for new transactions, are not guaranteed and may change in accordance with the\nCardmember Agreement and applicable law based on information in your credit report, market conditions, business\nstrategies, or for any other reason. Please review these terms so you are fully informed about this credit card offer.\n\nINTEREST RATES AND INTEREST CHARGES\nAnnual Percentage Rate (APR)\nfor Purchases\n\nAPR for Cash Advances\n\nHow to Avoid Paying Interest\nh\n\nhttps://www.besteggcard.com/terms-and-conditions/\n\n24.99%\nThis is a variable APR based on the Prime Rate + 21.74%.\n\n24.99%\nThis is a variable APR based on the Prime Rate + 21.74%.\nYour due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if\nyou pay your entire balance by the due date each month. We will begin charging interest on cash advances on the\n1/23\n\n\x0c9/10/2021\n\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\non Purchases\nMinimum Interest Charge\nFor Credit Card Tips from the\nConsumer Financial Protection\nBureau\n\nyou pay you e t e ba a ce by t e due date eac\n\no t .\n\ne\n\nbeg\n\nc a g g\n\nte est o cas ad a ces o t e\n\ntransaction date.\nIf you are charged interest, the charge will be no less than $0.50.\nTo learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer\nFinancial Protection Bureau\n\nFEES\nAnnual Membership Fee\n\nNone\n\nApplication Fee\n\nNone\n\nTransaction Fees\n\nBalance Transfers\nForeign Transaction\nCash Advance\n\nNone\nNone\nEither $10 or 5% of the amount of each cash advance, whichever is greater.\n\nPenalty Fees\n\nOverlimit\nLate Payment\nReturned Payment\n\nNone\nUp to $39.\nUp to $39.\n\nHow we calculate your balance\nWe use a method called Average Daily Balance (including new purchases), as more fully explained in the Interest Charges\nsection of your Cardmember Agreement.\nhttps://www.besteggcard.com/terms-and-conditions/\n\n2/23\n\n\x0c9/10/2021\n\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\nCash Advance\n5% of the cash advance transaction (including fees charged by the ATM operator, if any), with a minimum of $10. We will\nadd this fee to the Cash Advance balance. We will begin charging interest on cash advances on the transaction date.\n\nPenalty Fees\nUp to $39. A single violation of each type will not exceed $29. However, if another violation of the same type occurs\nwithin the next six billing cycles, we will charge $39. The Late Payment and Return Payment fees will not exceed the\nrelated minimum payment that was due.\n\nMinimum Payment\nWe will calculate the minimum payment as: (1) any past due amounts; PLUS (2) the larger of: (a) $29 (or total amount you\nowe if less than $29); or (b) the sum of: (i) 1% of the new balance, PLUS (ii) any periodic interest charges and late fees we\nhave billed you on the statement for which your minimum payment is calculated.\n\nVariable Rates\nVariable APRs may increase or decrease each month if the Prime Rate changes. We calculate variable APRs by adding a\nMargin to the Prime Rate index. Any new rate will be applied as of the first day of your billing cycle during which the\nPrime Rate has changed. If the APR increases, you will pay a higher interest charge and may pay a higher minimum\npayment. The Prime Rate is simply a reference index and is not the lowest interest rate available.\n\nBilling Rights\nInformation on your right to dispute transactions and how to exercise those rights is provided in your Cardmember\nAgreement.\n\nTERMS & CONDITIONS\nYou have read the accompanying application, and you affirm that everything you have stated is true and complete You\nare of legal age to enter into a contract in the state in which you reside. Currently Best Egg Credit Cards are not available\nin the following locations: WV, IA, VT, and Washington, D.C. You authorize FB&T/Best Egg Credit Card (hereinafter \xe2\x80\x9cwe\xe2\x80\x9d,\nhttps://www.besteggcard.com/terms-and-conditions/\n\n3/23\n\n\x0c9/10/2021\n\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\n\xe2\x80\x9cus\xe2\x80\x9d or \xe2\x80\x9cour\xe2\x80\x9d) to obtain your credit report(s), employment history and any other information in order to approve or\ndecline this application, service your account, and manage our relationship with you. Upon request, we will tell you the\nname and address of any consumer reporting agency that provided such report(s) to us. You authorize us to share with\nothers, in accordance with our privacy notice, such information and our credit experience with you. In addition, you may,\nas a customer, later indicate a preference to exempt your account from some of the information-sharing with other\ncompanies (\xe2\x80\x9copt-out\xe2\x80\x9d). If you accept or use an account, you do so subject to the terms of this application, this Disclosure\nSummary, and the Cardmember Agreement, as it may be amended; you also agree to pay all charges incurred under\nsuch terms. Any changes you make to the terms of this application will have no effect. You accept that on a periodic\nbasis your account may be considered for an automatic upgrade at our discretion. You consent to and authorize us, any\nof our affiliates, or our marketing associates to monitor and/or record any of your phone conversations with any of our\nrepresentatives. You further consent to our use of automatic dialers, text, or prerecorded messages for servicing your\naccount even if the telephone number is a mobile telephone number for which the called party is charged. If additional\ndevelopment is necessary based on the application information provided, we will make every attempt to contact you.\nThe information in this offer is accurate as of December 1, 2020, and is subject to change without notice.\n\nPRESCREEN & OPT-OUT NOTICE\nThis \xe2\x80\x9cprescreened\xe2\x80\x9d offer of credit is based on information in your credit report indicating that you meet certain\ncriteria. This offer is not guaranteed if you do not meet our criteria. If you do not want to receive prescreen offers of\ncredit from this and other companies, call the consumer reporting agencies toll-free at 888-5-OPTOUT (888-5678688) or write to any of the following reporting agencies: Experian Opt Out, P.O. Box 919, Allen, TX 75013; Equifax,\nInc. Options, P.O. Box 740123, Atlanta, GA 30374-0123; or Transunion, P.O. Box 505, Woodlyn, PA 19094.\n\nBEST EGG VISA CARDMEMBER AGREEMENT\n\nhttps://www.besteggcard.com/terms-and-conditions/\n\n4/23\n\n\x0c9/10/2021\n\nBEST EGG VISA CARDMEMBER AGREEMENT\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\nTHIS INFORMATION IS ACCURATE AS OF DECEMBER 1, 2020\nThis credit card program is issued and administered by First Bank & Trust. Visa is a registered trademark of Visa\nInternational Service Association and is used by the issuer pursuant to a license from Visa U.S.A. Inc. Best Egg Credit\nCard\xe2\x84\xa2 is a pending trademark of Marlette Technologies, LLC. This Cardmember Agreement contains important\ninformation related to the Best Egg Credit Card issued by FB&T and serviced by Best Egg\xc2\xae. Best Egg is a registered\ntrademark of Marlette Funding, LLC and refers collectively to Marlette Funding. LLC, its affiliates and the Best Egg Credit\nCard, as appropriate.\nThis Cardmember Agreement contains important information related to the Best Egg Credit Card issued by FB&T and\nserviced by Best Egg.\n\nACCEPTANCE OF AGREEMENT\nInformation You Provide To Us\nThis Cardmember Agreement (Agreement), along with the Disclosure Summary enclosed with your credit card,\nconstitutes a contract between you, the cardmember, and Best Egg. Please review it carefully and keep it for your\nrecords. If you have any questions, please call us using the number on the back of your card. This Agreement takes\neffect once you or an Authorized User use your Card. Even if you do not use your Card, this Agreement will take effect\nunless you contact us to cancel your Account within 30 days after we sent you this Agreement. You may still reject this\nAgreement if you have not yet used your Card or made a payment on the Account after receiving a billing statement. If\nyou do reject this Agreement, you are not responsible for any fees or charges. You may also reject the \xe2\x80\x9cArbitration\nAgreement\xe2\x80\x9d as explained in that section. If any fee in the Disclosure Summary is marked \xe2\x80\x9cNone,\xe2\x80\x9d the section of this\nAgreement that relates to that fee does not apply. To help prevent unauthorized use of your Card, please sign the back\nof your Card.\nh\nd\nhttps://www.besteggcard.com/terms-and-conditions/\n\nf\n\nh\n\nh h\n\nl df\n\nh\n\nd\n\nh\n\nh h\n\n5/23\n\n\x0c9/10/2021\n\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\nIn this Agreement, you and your refer to each person who has applied for the Account and any other person who has\nagreed to be responsible for the Account. We, us and our refer to FB&T, Best Egg, and their collective agents, successors\n\xc2\xae\n\nor assigns and service providers. Card refers to each Visa Card that is issued by us on your Account.\nAmendments: We reserve the right to amend this Agreement at any time, subject to applicable law. We have the right to\nadd, modify or delete any benefit, service, or feature of your Account at our discretion. We may do this in response to\nthe business, legal or competitive environment. This written Agreement is a final expression of the agreement governing\nthe Account. The written Agreement may not be contradicted by any alleged oral agreement. We may add new terms or\ndelete terms. If required by law, we will give you advance written notice of the change(s) and a right to reject the\nchange(s). We will not charge any fee or interest charge prohibited by law.\n\nUSING YOUR ACCOUNT\nPromise to Pay\nYou promise to pay all charges, including charges you make, even if you do not present your Card or sign for the\ntransaction, charges that other people make if you let them use your Account, and charges that Additional\nCardmembers make or permit others to make.\n\nPermitted Uses\nYou may use this Account for personal, family or household purposes. You may not use your account for business,\ncommercial or illegal purposes, such as Internet gambling. You must pay us for any damages and/or expenses resulting\nfrom that use. In addition, we may also close your Account.\n\nAuthorized Users\nYou may request additional Cards for Authorized Users. You are responsible for any use of your Account by an\nAuthorized User or anyone else that you permit to use your Account. You must notify us if you wish to cancel the\nauthority of an Authorized User to use your Account. If we remove an Authorized User, in some cases we may close your\nAccount, open a new Account, and issue you a new Card.\nhttps://www.besteggcard.com/terms-and-conditions/\n\n6/23\n\n\x0c9/10/2021\n\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\nAccount Information Rights for Authorized Users\nYou allow us to discuss your Account with an Authorized User. This includes giving him or her access to your Account\ninformation and history. You also agree that an Authorized User may use and receive information about the Account the\nsame way you do.\n\nCredit Limit\nWe assign a credit limit to your Account; we may refer to credit limit as credit access line or credit line. Part of this credit\nlimit may be available for Cash Advances, and there may be a limit on the amount of Cash Advances you can take in each\nperiod. You are responsible for balances on your Account up to the amount of your credit limit, subject to your Available\nCredit. You may use your Account to make Cash Advances up to the amount of your Cash Access Limit. Your Cash Access\nLimit is the portion of your overall Credit Limit which we make available from time to time for Cash Advances. Your\nCredit Limit and Cash Advance Limit are provided to you with your Card and on every monthly statement. We may\ncancel, change, or restrict your credit availability at any time. Each transaction is considered for approval on an individual\nbasis, including those above the credit limit. We may not authorize a transaction for security or other reasons. We will\nnot be liable to you if we decline to authorize a transaction or if anyone refuses your Card or Account number.\n\nMAKING PAYMENTS\nPayment Instructions\nYou must follow the payment instructions on your billing statement. Please make payments in U.S. dollars with a check,\nmoney order, or electronic payment drawn on funds on deposit in the U.S. You must pay us for all amounts due on your\nAccount. This includes charges made by Authorized Users. If you make your payment in accordance with the instructions\non your billing statement by the date and time payments are due, we will credit your payment to your Account as of the\nsame day we receive it, as long as we receive it by the time disclosed in your billing statement. Payments received after\nthe required time will be credited on the next business day. If your payment does not meet the requirements set forth in\nyour billing statement, there may be a delay in processing and crediting your Account. This may result in late fees and\nhttps://www.besteggcard.com/terms-and-conditions/\n\n7/23\n\n\x0c9/10/2021\n\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\nadditional interest charges. If we process a late payment, a partial payment or a payment marked with any restrictive\nlanguage that will have no effect on our rights and will not change this Agreement. We may refuse to accept a payment\nin a foreign currency. If we do accept it, we will charge your Account our cost to convert it to U.S. dollars. You may not\nuse a postdated check to make a payment. If you do postdate a payment check, we may elect to honor it upon\npresentment or return it uncredited to the person that presented it, without in either case waiting for the date shown on\nthe check. We are not liable to you for any loss or expense arising out of the action we elect to take.\n\nMinimum Payment\n\nYou agree to pay at least the Minimum Payment when due. We will calculate your Minimum Payment based on the\nmethod described in the Disclosure Summary. The Minimum Payment will appear on your monthly statement and may\ninclude any past due amounts. The Minimum Payment Due may also include amounts by which you exceed your\nAccount credit line. It will never exceed the New Balance.\n\nPayment Allocation\nWe apply payments to balances as they appear on your monthly statement before being applied to new transactions. An\nexample of a new transaction is a recent purchase you made that has not yet been included in the New Balance as\nshown on your statement. If your account has balances with different interest rates, we will allocate your payment equal\nto the Minimum Payment Due. After the Minimum Payment Due has been paid, we will apply your payments first to any\nbalance subject to the highest interest rate, then to balances subject to lower interest rates. If you do not pay your\nbalance in full each month, you may not be able to avoid interest charges on new purchases.\n\nCredit Balance\nYou may request a refund of any credit balance. If you do not request a refund, we will apply any credit balance to new\ncharges on your Account. If a credit balance remains on your account for 6 months and the amount is $1 or more, we\nwill automatically refund it to you.\n\nMiscellaneous Fees\nhttps://www.besteggcard.com/terms-and-conditions/\n\n8/23\n\n\x0c9/10/2021\n\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\nYou may be charged for the expedited mailing or replacement of your Card. These fees will be disclosed to you at the\ntime of the request.\n\nForeign Transactions\nAny transaction (1) made in a foreign currency, or (2) made in U.S. dollars if the transaction is made or processed outside\nof the United States. Foreign Transactions include, for example, online transactions made in the U.S., but with a\nmerchant who processes the transaction in a foreign country. If a transaction is in a foreign currency, Visa International\nwill convert the transaction into U.S. dollars using their own currency conversion procedures, and then will send us the\ntransaction amount. The exchange rate will be determined using either the range of rates available in the wholesale\ncurrency markets for the processing date (which may be different from the rate the card association receives) or a\ngovernment-mandated rate in effect on that date. The exchange rate used by Visa may differ from the rate on the date\nof your transaction. In the case of returned or exchanged merchandise that was purchased in a foreign currency, the\nexchange rate is determined on the date of the return.\n\nINTEREST CHARGES\nHow We Calculate Average Daily Balance (including new transactions)\nWe calculate interest charges each billing period by applying the periodic rate(s) to the \xe2\x80\x9caverage daily balance(s)\xe2\x80\x9d for your\nAccount. To get the average daily balance for your Account, we take the sum of the beginning balances for each\nTransaction Category (standard Purchases, standard Cash Advances, and different promotional balances), less any\npayments or credits, plus any new transactions. The daily balances for each Transaction Category are then added\ntogether to determine the aggregate, or sum for the cycle. The aggregate is then divided by the number of days in the\nbilling cycle to determine the average daily balance (ADB).\n\nHow We Calculate Total Interest Charges\nEach daily balance may have a different APR. Certain categories of Transactions in a daily balance may have multiple\nAPRs We multiply the daily balance for each Transaction Category by its daily periodic rate (DPR) multiplied by the\n\nhttps://www.besteggcard.com/terms-and-conditions/\n\n9/23\n\n\x0c9/10/2021\n\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\nAPRs. We multiply the daily balance for each Transaction Category by its daily periodic rate (DPR) multiplied by the\nnumber of days the DPR was in effect. This gives us the interest charges for each Transaction Category. To get a DPR, we\ndivide the annual percentage rate (APR) that applies to the Transaction Category by 365 (or 366 in leap years). We add up\nall the daily interest charges. The sum is the total interest charge for the billing period.\n\nPaying Interest\nThe Grace Period is defined as the interval between the end of a billing cycle and the payment due date. No interest is\nassessed during this interval if a customer pays the balance in full on or before the payment due date and is not carrying\na balance from month to month and has no cash advances outstanding. Except during the Grace Period, we begin to\nimpose interest charges on a transaction, fee, or interest charge from the day we add it to the daily balance. We\ncontinue to impose interest charges until you pay the total amount you owe us. You can avoid paying interest on\nPurchases during the Grace Period, as described below. However, you cannot avoid paying interest on Cash Advances.\n\nGrace Period on Purchases\nIf you paid the New Balance on your previous billing statement by the Payment Due Date shown on that billing\nstatement, we will not impose interest charges on new Purchases, or any portion of a new Purchase, paid by the\nPayment Due Date on your current billing statement. New Purchases are Purchases that first appear on the current\nbilling statement. If you do not pay your New Balance in full each month, then, depending on the balance to which we\napply your payment, you may not get a Grace Period on new Purchases. Cash Advances do not have a Grace Period.\n\nDEFAULT, CLOSING OR SUSPENDING YOUR ACCOUNT\nDefault\nWe may consider your Account to be in default and require immediate payment of your total Account balance, to the\nextent allowed by law, if any of the following occur if: (1) You fail to comply with the terms of this Agreement or any\nagreement with us or an Affiliate, including failing to make a required payment when due, exceeding your Account credit\nline or using your Card or Account for an illegal transaction; (2) you give us false information; (3) you file for bankruptcy\nor some other insolvency proceeding is filed by or against you; (4) you become incapacitated or die; or (5) we believe you\n\nhttps://www.besteggcard.com/terms-and-conditions/\n\n10/23\n\n\x0c9/10/2021\n\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\nor some other insolvency proceeding is filed by or against you; (4) you become incapacitated or die; or (5) we believe you\nare unable or unwilling to pay your debts when due.\n\nClosing or Suspending Your Account\nWe may close or suspend your Account if any of the events listed above occur, or for any reason, or for no reason. We\nmay do this at any time, without notifying you, as allowed by law. We may cancel your current Card and issue you a\nsubstitute Card at any time. You may also close your Account at any time by notifying us by telephone or in writing. If we\nclose or suspend your Account, or if you close your Account, you must pay us all amounts you owe on the Account, even\nif they post to your Account after it\xe2\x80\x99s closed or suspended.\n\nOTHER IMPORTANT INFORMATION\nMilitary Lending Act Notice\nFederal law provides important protections to members of the Armed Forces and their dependents relating to\nextensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her\ndependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit\ntransaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in\nconnection with the credit transaction; any application fee charged (other than certain application fees for specified\ncredit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card\naccount). For more information regarding your rights under the Military Lending Act, please call 833-629-1363. If you are\na Covered Borrower, the Arbitration Agreement will not apply to you in connection with this Account.\n\nCommunications\nYou agree that we may contact you using any technology and methods of our choice. This includes using an automated\ntelephone dialing system or other similar system to contact you by email, text message, device-level notification, or other\nelectronic notification method supported by the software you use to access your Account. We may use any telephone\nnumbers (including wireless, landline and voice over IP numbers), email addresses or billing address that you give to us.\nY\nd\nd d\nhttps://www.besteggcard.com/terms-and-conditions/\n\nh\n\nih\n\nl\n\nh\n\nil\n\nli\n\nd h\n\n11/23\n\n\x0c9/10/2021\n\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\nYou understand and agree that anyone with access to your telephone or email account may listen to or read the\nmessages that we leave or send you. You agree that we will not be liable for any charges that you incur in connection\nwith emails, text messages, device level notifications or other communications that we or our agents and\nrepresentatives send to you. You agree to notify us immediately if you change telephone numbers or are no longer the\nsubscriber or usual user of a telephone number that you give to us. You agree that we may monitor, record, retain and\nreproduce your telephone calls and other communications with us. At any time, you can withdraw your consent to\nreceive text messages through a telephone network (e.g., SMS) or to receive calls through a telephone network. To\nrevoke your consent, you must contact us in accordance with this Agreement.\n\nPrivacy Policy\nWe send you our Privacy Policy when you open your Account and annually. Contact us at 833-707-1226 if you would like\na copy. Please read it carefully. It summarizes the personal information we collect, how we safeguard its confidentiality\nand security, when it may be shared with others; and how you can limit our sharing of this information.\n\nAssignment\nWe may sell, transfer, or assign any or all our rights and obligations under this Agreement to a third party. You may not\nsell, transfer, or assign your Account or any of your obligations under this Agreement.\n\nGoverning Law\nFederal law and the law of South Dakota govern the terms and enforcement of this Agreement.\n\nEnforcement\nWe may enforce the terms of this agreement at any time. We may choose to delay enforcing or to not exercise rights\nunder this Agreement. If we do this, we do not waive our rights to exercise or enforce them on any other occasion. If any\nprovision of this Agreement is found to be unenforceable, all other provisions of the Agreement will remain in effect.\n\nCollection Costs\nTo the extent allowed by law, you are liable to us for our legal costs if we refer collection of your Account to a lawyer who\nhttps://www.besteggcard.com/terms-and-conditions/\n\n12/23\n\n\x0c9/10/2021\n\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\nis not our salaried employee. These costs may include reasonable attorneys\xe2\x80\x99 fees, as well as costs and expenses of any\nlegal action.\n\nUnforeseen Circumstances\nFrom time to time, our services might be unavailable due to circumstances beyond our control (such as fires, floods,\nnatural disasters, system failures, epidemics/pandemics, or other unpredictable events). When this happens, you might\nnot be able to use your Card or obtain information about your Account. We are not responsible or liable if this happens.\n\nLost or Stolen Cards\nYou must try to prevent the unauthorized use of your Account and any Card, including your Account number. You must\ncall us if any Card is lost or stolen. Also, you must call us if you think someone has used or may use these items without\npermission.\n\nHeadings\nThe headings in this Agreement are included as a matter of convenience and do not define, limit, or enlarge the scope of\nthis Agreement or any of its provisions.\n\nYOUR BILLING RIGHTS \xe2\x80\x93 KEEP THIS DOCUMENT FOR FUTURE USE\nThis notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.\nWhat To Do If You Find A Mistake On Your Statement\nIf you think there is an error on your statement, or if you need more information about a transaction on your bill, write\nto us as soon as possible at:\nBest Egg Credit Card\nPO Box 7606\nhttps://www.besteggcard.com/terms-and-conditions/\n\n13/23\n\n\x0c9/10/2021\n\nO o\n\n606\n\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\nPhiladelphia, PA 19101\nYou may also email us at: cardservicing@bestegg.com.\nYou must notify us of any potential errors in writing by mail or electronically. You may also call us, but doing so may not\npreserve your billing error rights. In your letter, give us the following information:\nAccount information: Your name and account number.\nDollar amount: The dollar amount of the suspected error.\n\nDescription of problem: If you think there is an error on your bill, describe what you believe is wrong and why you\nbelieve it is a mistake.\nYou must contact us:\nWithin 60 days after the error appeared on your statement.\nAt least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount\nyou think is wrong.\n\nWhat Will Happen After We Receive Your Letter\nWhen we receive your letter, we must do two things:\n1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have\nalready corrected the error.\n2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is\ncorrect.\nWhile we investigate whether there has been an error:\nWe cannot try to collect the amount in question, or report you as delinquent on that amount.\nhttps://www.besteggcard.com/terms-and-conditions/\n\n14/23\n\n\x0cy\n\n9/10/2021\n\nq\n\n,\n\np\n\ny\n\nq\n\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\nThe charge in question may remain on your statement, and we may continue to charge you interest on that amount.\nWhile you do not have to pay the amount in question, you are responsible for the remainder of your balance.\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 related to that\namount.\n\nIf we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest\nand fees. We will send you a statement of the amount you owe, and the date payment is due. We may then report\nyou as delinquent if you do not pay the amount we think you owe.\nIf you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you\nstill refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your\nbill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations\nknow when the matter has been settled between us.\nIf we do not follow all the rules above, you do not have to pay the first $50 of the amount you question even if your bill is\ncorrect.\n\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 good faith to\ncorrect the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.\nTo use this right, the following must be true:\n1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the\npurchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an\nadvertisement we mailed to you, or if we own the company that sold you the goods or services.)\nhttps://www.besteggcard.com/terms-and-conditions/\n\n15/23\n\n\x0c9/10/2021\n\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\n2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM do not\nqualify.\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 at:\nBest Egg Credit Card\nP.O. Box 84067\nColumbus, GA 31908\nWhile we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation,\nwe will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as\ndelinquent.\n\nARBITRATION AGREEMENT\nIf you are a Covered Borrower, as defined by the Military Lending Act, the arbitration provisions set forth in this section do not\napply to you.\nPLEASE READ THIS AGREEMENT CAREFULLY. MOST CUSTOMER CONCERNS CAN BE RESOLVED BY CALLING CUSTOMER\nSERVICE AT THE NUMBER LISTED ON THE BACK OF YOUR CARD. IN THE EVENT CUSTOMER SERVICE IS UNABLE TO\nRESOLVE A COMPLAINT TO YOUR SATISFACTION, THIS SECTION EXPLAINS HOW CLAIMS CAN BE RESOLVED THROUGH\nBINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, HAVE A JURY TRIAL OR\nINITIATE OR PARTICIPATE IN A CLASS ACTION. IN ARBITRATION, DISPUTES ARE RESOLVED\nBY AN ARBITRATOR, NOT A JUDGE OR JURY. IF ARBITRATION IS CHOSEN BY ANY PARTY, NEITHER YOU NOR WE WILL\nHAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, YOU AND WE\nWILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS\nPERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.\nhttps://www.besteggcard.com/terms-and-conditions/\n\n16/23\n\n\x0c9/10/2021\n\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\nARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN IN COURT. THE ARBITRATOR\xe2\x80\x99S AUTHORITY IS\nLIMITED TO CLAIMS BETWEEN YOU AND US ALONE. CLAIMS MAY NOT BE JOINED OR CONSOLIDATED UNLESS YOU AND\nWE AGREE IN WRITING. AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT WILL APPLY ONLY TO THE\nSPECIFIC CASE AND CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD. THE ARBITRATOR\xe2\x80\x99S\nDECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.\nEXCEPT AS SET FORTH BELOW, THE ARBITRATOR\xe2\x80\x99S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS YOU OR WE\nWOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. YOU HAVE THE RIGHT TO CANCEL OR OPT OUT\nOF THIS ARBITRATION AGREEMENT AS SET FORTH BELOW.\n\nBinding Arbitration\nThis Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by\nand be enforceable under the Federal Arbitration Act (FAA), 9 U.S.C. \xc2\xa7 1-16, as it may be amended. This Arbitration\nAgreement sets forth the circumstances and procedures under which Claims (as defined below) may be resolved by\narbitration instead of being litigated in court.\n\nCovered Parties\nSolely for purposes of this Arbitration Agreement,we, us, and our, including in addition to the meanings set forth in this\nCardmember Agreement, includes any corporate parents, subsidiaries, affiliates, licensees, predecessors, successors,\nassigns, any purchaser of your Account, and all of their officers, directors, employees, agents, and assigns or any and all\nof them. Additionally,we, us, and our shall include any third party providing benefits, services, or products in connection\nwith the Account (including but not limited to credit bureaus, merchants that accept any credit device issued under the\nAccount, rewards programs, and enrollment services, credit insurance companies, debt collectors, and all of their\nofficers, directors, employees, agents and representatives) if, and only if, such a third party is named by you as a codefendant in any Claim you assert against us.\n\nCovered Claims\nEither you or we may, without the other\xe2\x80\x99s consent, elect mandatory, binding arbitration of any past, current or future\nhttps://www.besteggcard.com/terms-and-conditions/\n\n17/23\n\n\x0c9/10/2021\n\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\nclaim, dispute, or controversy, by either you or us against the other, or against the employees, parents subsidiaries,\naffiliates, beneficiaries, agents or assigns of the other, arising from or relating in any way to the Cardmember\nAgreement, any prior Cardmember Agreement, your credit card Account or the advertising, application or approval of\nyour Account (Claim). This Arbitration Agreement governs all Claims, whether such Claims are based on law, statute,\ncontract, regulation, ordinance, tort, common law, constitutional provision, or any legal theory of law, such as respondeat\nsuperior or any other legal or equitable ground and whether such Claims seek as remedies, money damages, penalties,\ninjunctions, or declaratory or equitable relief. Claims subject to this Arbitration Agreement include Claims regarding the\napplicability of this Arbitration Agreement or the validity of the entire Cardmember Agreement or any prior Cardmember\nAgreement. Claims subject to arbitration include Claims that are made as counterclaims, cross claims, third party claims,\ninterpleaders or otherwise, and a party who initiates a proceeding in court may elect arbitration with respect to any such\nClaims advanced in the lawsuit by any party or parties. As used in this Arbitration Agreement, the term Claim is to be\ngiven the broadest possible meaning. You may not sell, assign, or transfer a Claim.\n\nClass Action Waiver:\nIf a party elects to arbitrate a Claim, the arbitration will be conducted as an individual action. There will be no right\nor authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a\npurported representative capacity on behalf of the general public, other cardmembers or other persons similarly\nsituated. This means that even if a class action lawsuit or other representative action, such as that in the form of a\nprivate attorney general action, is filed, any Claim between us related to the issues raised in such lawsuits will be subject\nto an individual arbitration claim if either you or we so elect. No arbitration will be consolidated with any other\narbitration proceeding without the consent of all parties. The only Claims that may be joined in an individual action\nunder this Arbitration Agreement are: (1) those brought by us against you and any co-applicant, joint cardmember, or\nauthorized user of your Account, or your heirs or your trustee in bankruptcy; or (2) those brought by you and any coapplicant, authorized user of your Account, or your heirs or your trustee in bankruptcy against us.\n\nSmall Claims Court\nIndividual Claims filed in a small claims court are not subject to arbitration if the matter stays in small claims court.\nHowever, if such a claim is transferred, removed, or appealed to a different court, we may then choose to arbitrate. You\nor we may otherwise elect to arbitrate any claim at any time unless a trial has begun or final judgment has been\n\nhttps://www.besteggcard.com/terms-and-conditions/\n\n18/23\n\n\x0c9/10/2021\n\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\nor we may otherwise elect to arbitrate any claim at any time unless a trial has begun, or final judgment has been\nentered.\n\nInitiating Arbitration\nFailure or any delay in enforcing this Arbitration Agreement at any time, or in connection with any particular Claims, will\nnot constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. To\nchoose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by\nsubmitting the required forms and requisite filing fees to the American Arbitration Association (AAA). AAA is independent\nfrom us. You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be\nrepresented by counsel. Any in-person hearing will be held in the same city as the U.S. District Court closest to your\nbilling address, or at some other place to which you and we agree in writing. You may obtain more information and\napplicable AAA forms at www.adr.org.\n\nArbitration Procedure\nA single, neutral arbitrator will resolve Claims. The arbitration will be conducted under the applicable AAA procedures\nand rules in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this\nArbitration Agreement, in which case this Agreement will prevail. These procedures and rules may limit the amount of\ndiscovery available to you or us. The arbitrator will apply applicable substantive law consistent with the FAA and\napplicable statutes of limitations, and will honor claims of privilege recognized at law. The arbitrator will not apply any\nfederal or state rules of civil procedure or evidence in matters relating to evidence or discovery. The arbitrator will take\nreasonable steps to protect customer Account information and other confidential information, including the use of\nprotective orders to prohibit disclosure outside the arbitration, if requested to do so by you or us. The arbitrator will\nhave the power to award to a party any damages or other relief provided for under applicable law, and will not have the\npower to award relief to, against, or for the benefit of any person who is not a party to the proceeding. If the law\nauthorizes such relief, the arbitrator may award punitive damages or attorney fees. The arbitrator will make any award\nin writing, but need not provide a statement of reasons unless requested by a party. You and we agree that the\narbitration will be confidential. You and we agree that we will not disclose the content of the arbitration proceeding or its\noutcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law.\n\nF\n\ndC\n\nhttps://www.besteggcard.com/terms-and-conditions/\n\n19/23\n\n\x0c9/10/2021\n\nFees and Costs\n\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\nYou will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other\nfees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. We will be\nresponsible for any additional arbitration fees upon receipt of proof of payment. At your written request, we will\nconsider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable\nfees of an expert appointed by the arbitrator for good cause. All other fees will be allocated in keeping with AAA rules\nand applicable law. However, we will advance or reimburse filing fees and other fees if AAA or arbitrator determines\nthere is good reason for requiring us to do so or you ask us and we determine there is good cause for doing so. Each\nparty will bear the expense of its own legal fees and costs, regardless of which party prevails, for arbitration and any\nappeal (as permitted below), except that the arbitrator shall apply any applicable law in determining whether a party\nshould recover any or all fees and costs from another party.\n\nFinality and Appeals\nAny decision rendered in such arbitration proceeding will be final and binding on the parties unless a party appeals in\nwriting to the arbitration administrator within 30 days of issuance of the award. The appeal must request a new\narbitration before a panel of 3 neutral arbitrators designated by AAA. The panel will consider all factual and legal issues\nanew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on a majority\nvote. Each party will bear their own fees, costs, and expenses for any appeal, but a party may recover any or all fees,\ncosts, and expenses from another party, if the majority of the panel of arbitrators, applying applicable law, so\ndetermines. An award by a panel on appeal is final. A final award will be enforceable as provided by the FAA or other\napplicable law by any court having jurisdiction.\n\nSurvival and Severability of Terms\nThis Arbitration Agreement shall survive: (1) termination or changes in the Cardmember Agreement, the Account and the\nrelationship between you and us concerning the Account, such as the issuing of a new account number or the\ntransferring of the balance in the Account to another account; (2) the bankruptcy of any party or any legal proceeding\ninitiated by you or on your behalf; (3) voluntary payment of the debt in full by you or by a third party; and (4) any sale of\nyour Account (in the case of a sale its terms will apply to the buyer of your Account) If any portion of this Arbitration\n\nhttps://www.besteggcard.com/terms-and-conditions/\n\n20/23\n\n\x0c9/10/2021\n\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\nyour Account (in the case of a sale, its terms will apply to the buyer of your Account). If any portion of this Arbitration\nAgreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.\n\nYour Right to Reject Arbitration\nYou may reject this Arbitration Agreement by sending a written rejection notice to us at: Best Egg Credit Card, PO Box\n7606, Philadelphia, PA 19101. Your rejection notice must be mailed within 45 days of Account opening. Your rejection\nnotice must state that you reject this Arbitration Agreement and include your name, address, Account number and\npersonal signature. No one else may sign the rejection notice. If your rejection notice complies with these requirements,\nthis Arbitration Agreement and any other arbitration provisions in the Cardmember Agreements will not apply to you,\nexcept for any claims subject to pending litigation or arbitration at the time you send your rejection notice. Rejection of\nthis Arbitration Agreement will not affect your other rights or responsibilities under this section or the Agreement,\nincluding use of the Account.\n\nMobile Communications\nBy participating in the Best Egg Credit Card Fraud Notification program, you may receive fraud notifications. All\nmessages are free. You may opt out at any time by texting STOP to Short Code (54759). By sending STOP to Short Code\n(54759), you agree to one additional confirmation message stating that you\xe2\x80\x99ve opted out and will no longer receive\nmessages from Best Egg Credit Card. To get help, text HELP to Short Code (54759). Get additional support or help by\ncalling 833-707-1226. You must be the mobile phone account holder or have permission from the account holder to use\nthis service. You must be 18 years or older or have permission from a parent/guardian. By participating in this program,\nyou specifically authorize Best Egg Credit Card to send communications using an automatic telephone dialing system or\nan artificial or prerecorded voice system. You are not required to sign the agreement as a condition of purchasing any\nproperty, goods or services. The person consenting to receive telemarketing communications also provides\nauthorization for the specific telephone number that may be contacted via this program. Carriers are not responsible for\nany delayed or undelivered messages. Messages may be delayed or not delivered due to factors outside of the carrier\xe2\x80\x99s\ncontrol.\n\nPARTICIPATING WIRELESS CARRIERS\nAT&T Boost Mobile MetroPCS Sprint T-Mobile Verizon Wireless Virgin Mobile USA\n\nhttps://www.besteggcard.com/terms-and-conditions/\n\n21/23\n\n\x0c9/10/2021\n\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\nAT&T, Boost Mobile, MetroPCS, Sprint, T Mobile, Verizon Wireless, Virgin Mobile USA.\n\xc2\xa9\n\n2020 Marlette Servicing, LLC. All rights reserved.\n\nHey there, curious! This is a BETA product, please be patient with us as we design and develop this product to grow\nwith you. Share your feedback with us anytime by dropping a note at cardservicing@bestegg.com\n\nTHE CARD\nCard Features\nFAQs\n\nTHE CARD\nCard Features\nFAQs\n\nABOUT US\nMeet the Team\nMarlette Funding, LLC\n\nLEGAL\nPrivacy Statement\nPrivacy Policy\nTerms of Use\nTerms and Conditions\nLicenses\nAccessibility\nhttps://www.besteggcard.com/terms-and-conditions/\n\n22/23\n\n\x0c9/10/2021\n\nTerms and Conditions \xe2\x80\x93 Best Egg Credit Card\n\nCUSTOMER CARE\nCustomer Care\n24/7 Customer Service:\n833-707-1226\nReport an issue:\ncardservicing@bestegg.com\n\nCONNECT WITH US\n\n\xef\x8e\x9e \xef\x82\x99 \xef\x85\xad \xef\x83\xa1\n3419 Silverside Road\nWilmington, DE 19810\n\nThis card is issued by First Bank & Trust, Brookings SD pursuant to a license by Visa International. The card is being marketed to you pursuant to a joint marketing agreement\nbetween First Bank & Trust and Cross River Bank. Visa is a registered trademark, and the Visa logo design is a trademark of Visa International Incorporated.\nAccepting a Best Egg Credit Card after your application is approved will result in a hard inquiry, which may impact your credit score.\nTo help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information\nthat identifies each person who opens an account. What this 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 drivers license or other identifying documents.\nMarlette Funding, LLC is the parent company to the following subsidiaries: Marlette Servicing, LLC and Marlette Marketing, LLC.\n\xc2\xa9 2021 Marlette Funding, LLC. All rights reserved.\n\nhttps://www.besteggcard.com/terms-and-conditions/\n\n23/23\n\n\x0c'


b'The following Pricing Schedule is part of the Cardmember Agreement.\nThe below information is an example of the terms available to recent applicants as of the last business day of the calendar\nquarter that ended 06/30/21. These account terms may not be available after that date.\nThis document is provided for informational purposes only. If you apply and are approved for a credit card account, your\nactual account terms will be based on the terms of the offer available at the time that you applied and your actual\nCardmember Agreement will be the agreement sent to you when your account is opened.\n\nInterest Rates and Interest Charges\nAnnual Percentage Rate (APR)\nfor Purchases\n\n26.99% to 28.99%\nThis APR will vary with the market based on the Prime Rate.\n\nAPR for Balance Transfers\n\n26.99% to 28.99%\nThis APR will vary with the market based on the Prime Rate.\n\nAPR for Cash Advances\n\n26.99% to 28.99%\nThis APR will vary with the market based on the Prime Rate.\n\nPaying Interest\n\nYour due date is at least 23 days after the close of each billing period. We will not\ncharge you any interest on Purchases if you pay your entire balance by the due date\neach month. We will begin charging interest on Cash Advances and Balance Transfers\non the transaction date.\n\nMinimum Interest Charge\n\nIf you are charged interest, the charge will be no less than $0.50.\n\nFor Credit Card Tips from the\nConsumer Financial Protection\nBureau\n\nTo learn more about factors to consider when applying for or using a credit\ncard, visit the website of the Consumer Financial Protection Bureau at\nhttp://www.consumerfinance.gov/learnmore\n\nFees\nAnnual Fee\n\n$0 or $79\n\nTransaction Fees\n\xe2\x80\xa2\n\nBalance Transfer\n\nEither $5 or 4% of the amount of each Balance Transfer, whichever is greater.\n\n\xe2\x80\xa2\n\nCash Advance\n\nEither $10 or 5% of the amount of each Cash Advance, whichever is greater.\n\n\xe2\x80\xa2\n\nForeign Transaction\n\n0% or 3% of each Purchase in U.S. dollars\n\nPenalty Fees\n\xe2\x80\xa2\n\nLate Payment\n\nUp to $40.\n\n\xe2\x80\xa2\n\nReturned Payment\n\nUp to $40.\n\nHow We Will Calculate Your Balance: We will use a method called \xe2\x80\x9caverage daily balance (including new transactions)\xe2\x80\x9d.\nBilling Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your Cardmember Agreement.\nAs of the quarter that ended 06/30/21, the Prime Rate was 3.25%. Variable Purchase and Balance Transfer APRs are calculated by adding a Margin of\n23.74% to 25.74% to the Prime Rate. This corresponds to a daily periodic rate of 0.0739% to 0.0794%. Variable Cash Advance APRs are calculated by\nadding a Margin of 23.74% to 25.74% to the Prime Rate. This corresponds to a daily periodic rate of 0.0739% to 0.0794%.\n\n\x0cCARDMEMBER AGREEMENT\nThis Agreement governs the use of your Account. The enclosed Pricing Schedule is part of this Agreement. Please read this Agreement, including the\nPricing Schedule, and keep them for your records.\nDEFINITIONS\n\xe2\x80\x9cAccount\xe2\x80\x9d means your Account with us established by this Agreement.\n\xe2\x80\x9cAffiliate\xe2\x80\x9d means our parent corporations, subsidiaries and affiliates.\n\xe2\x80\x9cAuthorized User\xe2\x80\x9d means any person you allow to use your Card or Account.\n\xe2\x80\x9cBalance Transfer\xe2\x80\x9d means transferring a balance from another creditor to your Account by accepting an offer from us, which we may make to you from\ntime to time at our sole discretion, or use of a Check we provide to you for such purpose, in accordance with any limitations or restrictions we place upon\nsuch offer at the time it is made.\n\xe2\x80\x9cBilling Period\xe2\x80\x9d means the period of time covered by the billing statement we send to you. A Billing Period is usually 28 to 33 days.\n\xe2\x80\x9cBusiness Day\xe2\x80\x9d means Monday through Friday, excluding federal holidays.\n\xe2\x80\x9cCard\xe2\x80\x9d means a card or other access devices, including your Account number or virtual card, that we issue to you, or someone you authorize, to receive\ncredit under this Agreement.\n\xe2\x80\x9cCash Advance\xe2\x80\x9d means use of your Card to obtain cash from an ATM, financial institution, or other location; to make a payment to load a stored value\ncard or account; or to purchase items that are convertible to cash, such as stored value cards, lottery tickets, money orders, casino chips, foreign\ncurrency, or similar items. It also means use of a Check we provide to you for use as a Cash Advance.\n\xe2\x80\x9cCheck\xe2\x80\x9d means any Check we may, in our discretion, send you to access your Account.\n\xe2\x80\x9cCovered Borrower\xe2\x80\x9d means a consumer who is entitled to the Limitations on Terms of Consumer Credit Extended to Service Members and Dependents.\nA consumer becomes a Covered Borrower pursuant to a determination made in accordance with 32 C.F.R. 232.5(b). A consumer ceases to be a Covered\nBorrower when he or she is no longer a member of the Armed Forces serving on active duty or a dependent of such member, as defined under 32 C.F.R.\n232.3(g).\n\xe2\x80\x9cPrime Rate\xe2\x80\x9d means the highest rate of interest listed as the U.S. Prime Rate in the Money Rates section of The Wall Street Journal on the last\nBusiness Day of the month.\n\xe2\x80\x9cPurchase\xe2\x80\x9d means the use of your Account to buy or lease goods or services at participating merchants. However, the purchase of foreign currency or\nof cash equivalents, like casino chips or lottery tickets, is treated as a Cash Advance not a Purchase.\n\xe2\x80\x9cWe,\xe2\x80\x9d \xe2\x80\x9cus\xe2\x80\x9d and \xe2\x80\x9cour\xe2\x80\x9d refer to First Bank & Trust, Brookings, SD, the issuer of your Card.\n\xe2\x80\x9cYou,\xe2\x80\x9d \xe2\x80\x9cyour\xe2\x80\x9d or \xe2\x80\x9cyours\xe2\x80\x9d refer to you and any other person who is also contractually liable under this Agreement.\nAGREEMENT ACCEPTANCE\nYou accept this Agreement if you use the Account. You also accept this Agreement if you do not cancel the Account within 45 days of the Account open\ndate.\nThis Agreement contains a Jury Trial Waiver and Arbitration Clause. Please read that section carefully because it will have a substantial\neffect on your rights, including your right to bring or participate in a class action or have a jury trial in the event of a Dispute between you and\nus. However, you may reject the Jury Trial Waiver and Arbitration Clause (\xe2\x80\x9copt-out\xe2\x80\x9d) by following the steps noted in that section within 60\ndays after you have accepted the Agreement.\nCHANGES TO YOUR ACCOUNT\nThe rates, fees and terms of this Agreement (including its Jury Trial Waiver and Arbitration Clause), may change and we may add or delete any term.\nWhen required by law, we will provide advance written notice of any changes and any right to reject the changes.\nACCOUNT USE\nPermitted Uses - Your Account may be used for Purchases, Balance Transfers and Cash Advances. The Account may not be used for illegal\ntransactions. This Account is to be used for consumer purposes, not for business purposes. However, even if the Account is used for business\npurposes, this Agreement will still apply to those transactions, and you are responsible for repayment. The Account may be closed if it is used for\nbusiness purposes.\nChecks - A Check we send you to access your Account will be treated as a Cash Advance unless we tell you otherwise. You may not use a Check to\npay any amount you owe us. We may elect to not honor a Check if the Check may cause your Account balance to exceed the Cash Advance or other\napplicable credit line on your Account. If you want to stop payment on a Check, notify Customer Service immediately. If you ask us to stop payment, we\nwill make reasonable efforts not to pay that Check. However, if the Check is paid despite these efforts, we will not be liable to you for paying that Check.\nWe may not be able to stop payment if we receive your stop payment request after we have started processing the Check. Please see the Fees section\nin this Agreement for information regarding the Check Stop Payment Fee.\nPurchases and Cash Advances in Foreign Currencies - If you make a transaction in a foreign currency (including, for example, online Purchases\nfrom foreign merchants), the transaction will be converted into a U.S. dollar amount by Visa or Mastercard, depending on which Card is used, using their\nprocedures in effect at the time the transaction is processed. Currently, they use a wholesale market rate or a government-mandated rate. These\nprocedures may change without notice. The conversion rate you get may differ from the rate on the transaction date or post-date and from the rate Visa\nor Mastercard gets. A merchant or other third party may convert a transaction into U.S. dollars or another currency, using a rate they select, before\nsending it to Visa or Mastercard.\nCredit Line (for all accounts except World Mastercard\xc2\xae and World Elite Mastercard\xc2\xae) - We assign a credit line for your Account. You must keep\n\n\x0cyour Account balance below your credit line. We may request immediate payment of any amount that exceeds the credit line. We may restrict the\namount of the credit line that may be used for Cash Advances. Your Account credit line or your Cash Advance credit line may be increased or decreased\nat any time, without advance notice. We may delay increasing your available credit by the amount of any payment that we receive for up to 10 Business\nDays.\nCredit Line (for World Mastercard\xc2\xae and World Elite Mastercard\xc2\xae) - We assign a credit line for your Account. We may request immediate payment of\nany amount that exceeds the credit line. We may restrict the amount of the credit line that may be used for Cash Advances. Your Account credit line or\nyour Cash Advance credit line may be increased or decreased at any time, without advance notice. We may delay increasing your available credit by the\namount of any payment that we receive for up to 10 Business Days.\n\nCredit Authorizations - Transactions may not be authorized for security or other reasons. If we decline to authorize a transaction, or if anyone refuses\nyour Card, Check, or Account number, we will not be liable to you.\nAutomatic Billing Arrangements - If you set up an automatic billing arrangement with a merchant, you are responsible for providing updated Account\nnumber or Card expiration date information to the merchant. You also authorize us to provide updated Card or Account information to a merchant at our\nsole discretion. If you want to cancel automatic billing you must contact the merchant.\nUnauthorized Use - If you notice the loss or theft of your Card or a possible unauthorized use of your Card, you should immediately call us at the\ntelephone number listed on the back of your Card or the customer service number shown on the front of your billing statement.\nMobile Devices - Smart phones, tablets, and other electronic devices (a \xe2\x80\x9cMobile Device\xe2\x80\x9d) can download, store, and/or access Account information. This\nmeans the Mobile Device can be used to access credit on the Account under this Agreement. Any transaction conducted using your Mobile Device is\ncovered by this Agreement. Secure your Mobile Device. Anyone who can access your Account or Card using your Mobile Device can make charges to\nyour Account. Applications that enable your Mobile Device to access your Account or Card may have separate terms of use.\nJoint Accounts - If this Account is a Joint Account, each of you agrees to be individually and jointly liable for the entire amount owed on the Account.\nEach of you also agrees that any notice we send to either of you will serve as notice to both of you.\nAUTHORIZED USERS\nLiability - Use of your Account by an Authorized User is subject to the terms of this Agreement. You will be liable for all transactions and any fees or\ncharges resulting from those transactions made by any person you permit to use your Card, Check, Account number, or other credit device with the\nauthorization to obtain credit on your Account, including transactions for which you may not have intended to be liable, even if the amount of those\ntransactions causes a credit line to be exceeded. If an Authorized User permits someone else to use your Account, you will be liable for those\ntransactions, fees, and charges as well. If this Account is a Joint Account, each of you agrees to be individually and jointly liable for the entire amount\nowed on the Account.\nInformation - Authorized Users of this Account may have the same access to information about the Account and its users as the Account holders.\nAdditional Card for Authorized User - You may request an additional Card for an Authorized User. Before you make this request, you must:\n\xe2\x80\xa2\n\nLet them know that we may report information about the Account to the credit reporting agencies in their name. This means that information\nabout the Account, including about late payments, missed payments, or other defaults on the Account may appear in their credit report.\n\n\xe2\x80\xa2\n\nMake a copy of this Agreement available to them.\n\n\xe2\x80\xa2\n\nObtain their permission to share their information with us and for us to share it as allowed by applicable law.\n\nCancelling an Authorized User - You must notify us if you wish to cancel the authority of an Authorized User to use your Account. In some cases, we\nmay close your Account and issue you a new Card. You remain responsible for any transactions made or authorized by an Authorized User, even if the\npost-date shown on your statement for that transaction occurs after the date you notify us to cancel the authority of an Authorized User to use your\nAccount.\nFEES\n(See your Pricing Schedule for Additional Fees)\nAnnual Fee \xe2\x80\x93 If your Account has an Annual Fee, generally it will be billed at account opening and every twelve months thereafter. The amount of the\nAnnual Fee, if there is one, is listed in the Pricing Schedule.\nMinimum Interest Charge - If you are charged interest, the charge will be no less than the amount shown in your Pricing Schedule.\nBalance Transfer Fee - We may charge you this Fee for each Balance Transfer. See your Pricing Schedule for the fee amount.\nCash Advance Fee - We may charge you this Fee for each Cash Advance. See your Pricing Schedule for the fee amount.\nForeign Transaction Fee - A Foreign Transaction Fee may be charged for any Purchase that is made in a foreign currency and that is made outside\nthe U.S. (A Purchase is made outside the U.S. unless it is made with a U.S. merchant and processed completely in the U.S.). See your Pricing\nSchedule for the fee amount. This fee is based on the amount of the Purchase after conversion to US Dollars.\nLate Fee - A Late Fee may be charged if you do not pay at least the Minimum Payment Due by the Payment Due Date. The Late Fee is $29 and, if you\nmake another Late Payment within the next 6 Billing Periods, the Late Fee will be $40. The amount of your Late Fee will never be higher than your\nMinimum Payment Due immediately prior to assessment of the fee.\nReturned Payment Fee - A Returned Payment Fee may be charged if you make a payment that is not honored by your financial institution, even if the\npayment is honored after it is resubmitted. The Returned Payment Fee is $29 and, if another payment is returned within the next 6 Billing Periods the\nreturned Payment Fee will be $40. The amount of your Returned Payment Fee will never be higher than your Minimum Payment Due immediately prior\nto assessment of the fee.\nReturned Check Fee - We may charge you a Returned Check fee of $25 if we return a Check unpaid because it exceeds the available credit line at the\ntime it is processed; your Account is past due, closed or otherwise does not have charge privileges; or you did not comply with the instructions regarding\nthe Check. The amount of the Returned Check Fee will not exceed the amount of the returned Check.\nOver Limit Fee - None. We do not charge you an Over Limit Fee if your balance exceeds your credit line.\nCheck Stop Payment Fee - If you ask us to stop payment on a Check, we may charge you a Check Stop Payment Fee of $25.\n\n\x0cExpedited Card Fee - If you request expedited delivery for a replacement Card (for example, to replace a lost or stolen Card), we may charge you an\nExpedited Card Fee of $25.\nDuplicate Statement Fee - If you request a duplicate copy of a monthly statement, for any purpose other than to assert a billing error, we may charge\nyou a $5 fee for each statement copy requested.\n\nANNUAL PERCENTAGE RATES (\xe2\x80\x9cAPRs\xe2\x80\x9d)\n(See your Pricing Schedule for the APRs that apply to your Account)\nVariable APRs - Your Pricing Schedule may include variable APRs. A variable APR is an APR that can change each Billing Period. These APRs are\ndetermined by adding a certain percentage amount (called the Margin) to the Prime Rate. Variable APRs will increase or decrease when the Prime Rate\nchanges. The APR change will take effect on the first day of the Billing Period that begins during the same calendar month that the Prime Rate changes.\nAn increase in the APR will increase your interest charges and may increase your Minimum Payment Due. The new APR will apply to existing balances,\nas well as balances added to your Account after the change.\nPAYMENTS\nPayment Instructions - You are responsible for paying all amounts due on your Account, including charges made by Authorized Users. All payments\nmust be in U.S. dollars. Check and electronic payments must be drawn on funds on deposit in the U.S. Payments made in a foreign currency may be\nrefused. If a foreign currency payment is accepted, we may charge your Account our cost to convert it to U.S. dollars. Your billing statement provides\nthe terms for making payments and we will credit payments to your Account in accordance with those terms. There may be a delay in processing and\ncrediting a payment to your Account if a payment is mailed to an address other than the payment address designated on your billing statement. Late\npayments, partial payments or payments marked \xe2\x80\x9cpayment in full\xe2\x80\x9d or with any other restrictive endorsement can be accepted by us without losing any of\nour rights under this Agreement.\nMinimum Payment Due - Each Billing Period you must pay at least the Minimum Payment Due by the Payment Due Date shown on your billing\nstatement. To calculate your Minimum Payment Due, we start with any amount past due, then we add the larger of the following:\n(1) $15 or\n(2) 1% of the New Balance (excluding any billed interest or minimum interest charge and any Late Fee or Returned Payment Fee for the\nBilling Period) and then we add to that 1% calculation any billed interest or minimum interest charge and any Late Fee or Returned Payment\nFee for the Billing Period, and round the total to the nearest penny.\nThe Minimum Payment Due may also include amounts by which you exceed your Account Credit Line. It will not exceed the New Balance. You may\npay more than the Minimum Payment Due, up to your entire Account balance, at any time. You are not permitted to pre-pay toward future Minimum\nPayment Due amounts. A payment is required in each Billing Period in which there is a Minimum Payment Due. Credits, refunds and other adjustments\nare not considered payments and will not be applied toward your Minimum Payment Due requirement.\nHow We Apply Payments and Credits - Payment for up to the Minimum Payment Due amount will be applied at our discretion, and may be applied\nfirst to fees and interest, then to the balance with the lowest APR on your Account, and then to balances with higher APRs. Payment amounts in excess\nof the Minimum Payment Due will first be applied 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.\nHow We Apply Payments May Impact Your Grace Period - If you do not pay the New Balance shown on your statement in full by the Payment Due\nDate each month, depending on the balance to which we apply your payment, you may not receive a grace period on new Purchases.\nINTEREST CHARGES\nHow We Calculate Interest - Average Daily Balance Method (Including Current Transactions) - We calculate interest separately for each different\nbalance (for example, Purchases at the current rate, Balance Transfers at the current rate, Cash Advances at the current rate, and different promotional\nbalances). Your billing statement shows each balance in the \xe2\x80\x9cBalance Subject to Interest Rate.\xe2\x80\x9d For each balance, we calculate the interest for the\nBilling Period by multiplying the applicable daily periodic rate by the Average Daily Balance by the number of days in the Billing Period. To get a daily\nperiodic rate, we divide the APR by 365. You authorize us to round interest to the nearest cent. This interest on each balance is added to that balance\nat the end of the Billing Period. The total interest charged for a Billing Period equals the sum of the interest charged on each balance.\nFor each balance, to determine an "Average Daily Balance," we calculate a daily balance each day of the billing period. Interest charges accrue on a\nPurchase, Balance Transfer, Cash Advance, fee or interest charge from the day we add it to the daily balance. We start with the beginning balance\neach day. The beginning balance for the first day of the Billing Period is the balance at the end of the prior Billing Period. Each day, we add any new\ntransactions and fees; subtract any payments or credits applied to that balance; and make other adjustments. We add Balance Transfer fees to the\napplicable Balance Transfer balance. We add Cash Advance Fees to the applicable Cash Advance balance. We generally add other fees to the\nstandard Purchase balance. This gives us the daily balance. A credit balance is treated as a balance of zero. Then, we add up all the balances of that\nbalance type for the Billing Period, and divide the total by the number of days in the Billing Period. This gives us the Average Daily Balance for the\nbalance.\nWhen Interest Charges Begin - We will begin charging interest on Cash Advances, Balance Transfers and Purchases on the transaction date.\nHowever, you can avoid paying interest on Purchases as described below. You cannot avoid paying interest on Balance Transfers or Cash Advances.\nYou will pay interest on Balance Transfers and Cash Advances from the transaction date until you pay the total amount you owe us.\nHow to Avoid Paying Interest on Purchases (\xe2\x80\x9cGrace Period\xe2\x80\x9d) - You will not be charged interest on Purchases in a Billing Period in which you pay the\nNew Balance in full by the Payment Due Date. If you don\xe2\x80\x99t pay your New Balance in full by the Payment Due Date in a Billing Period, you\xe2\x80\x99ll pay interest\non existing Purchases, and new Purchases in that billing period, from the transaction date, subject to applicable law.\nADDITIONAL IMPORTANT INFORMATION\nDefault (for all accounts except World Mastercard\xc2\xae and World Elite Mastercard\xc2\xae) - You default if you don\xe2\x80\x99t pay at least the Minimum Payment Due\nby the Payment Due Date; you have a Returned Payment; you exceed your Credit Line; you use your Account for an illegal transaction; you file for\nbankruptcy or some other insolvency proceeding is filed by or against you; you do not comply with any other term of this Agreement; you default under\nany other Cardmember Agreement you have with us; or you are declared incompetent or mentally incapacitated, or you die. If you default we may\ndeclare the entire Account balance immediately due and payable, without notice, to the extent allowed by law, and close your Account.\nDefault (for World Mastercard\xc2\xae and World Elite Mastercard\xc2\xae) - You default if you don\xe2\x80\x99t pay at least the Minimum Payment Due by the Payment Due\nDate; you have a Returned Payment; you use your Account for an illegal transaction; you file for bankruptcy or some other insolvency proceeding is filed\n\n\x0cby or against you; you do not comply with any other term of this Agreement; you default under any other Cardmember Agreement you have with us; or\nyou are declared incompetent or mentally incapacitated, or you die. If you default we may declare the entire Account balance immediately due and\npayable, without notice, to the extent allowed by law, and close your Account.\n\nClosing or Suspending Your Account - You may close your Account at any time. You may close your Account by calling the number on the back of\nyour Card or by notifying us in writing at the Customer Service address on your billing statement or online. You will remain responsible for any amount\nyou owe us under this Agreement. Any Joint Account holder may close a Joint Account. However, all Joint Account holders will remain responsible for\npaying all amounts owed. We may close, suspend, or not renew your Account or Card at any time, for any reason, with prior notice to the extent\nrequired by law. We may cancel your current Card and issue you a substitute Card at any time.\nIf you or we close your Account, the terms of this Agreement will continue to apply and you must pay us all amounts you owe on the Account, which may\ninclude amounts that we have not yet billed to you. Until you pay us in full, we may continue to charge applicable fees as well as interest on the amount\nyou owe us.\nCollection Costs - To the extent permitted by law, you are liable to us for our legal costs if we refer collection of your Account to a lawyer who is not our\nsalaried employee. These costs may include reasonable attorneys\xe2\x80\x99 fees, as well as costs and expenses of any legal action.\nPrivacy - You authorize us to share information about you and your Account as permitted by law. See our Privacy Notice online for details about our\ninformation sharing practices.\nCredit Reporting - We may from time to time review your credit, employment, and income records. Upon request, we will give you the name and\naddress of any consumer reporting agency that furnished a report on you. We may report information about the status and payment of your Account to\ncredit bureaus and other creditors. We may report Account information in your name. Late payments, missed payments, or other defaults on your\nAccount may be reflected in your credit report. We may also report Account information in the name of Authorized Users. If you think we reported\nincorrect information, please write us at Card Services, PO Box 84064 Columbus, GA 31908. Please include your name, address, phone number, and\nAccount number.\nContact Authorization - You agree that we, and any other owner or servicer of your Account, may contact you through any channel of communication,\nfor any purpose, as permitted by applicable law. You agree to provide us with and maintain a current mailing address, telephone number, and (unless\nyou apply for your Account by telephone) email address, and you agree to notify us immediately of any changes to that mailing address, telephone\nnumber or email address. You agree that we (and our affiliates, agents and contractors, such as debt collection agencies and service providers, and\nany other owner or servicer of your Account) may use the telephone number(s) and email address(es) that you provide to us to contact you for\ninformational, servicing or collections purposes. In addition, when you provide us with a telephone number, you expressly authorize us (and our\naffiliates, agents and contractors, such as debt collection agencies and service providers, and any other owner or servicer of your Account) to contact\nyou at that number by voice or text using automatic telephone dialing equipment and artificial or prerecorded voice messages. These communications\nmay be monitored or recorded. You authorize these contacts by voice or text even if the number is a mobile phone number or converts to a mobile\nphone number, and even if you are charged by your service provider. These contacts by voice or text may concern debt collection, notification of\npotential fraud, or other Account-servicing matters. This authorization covers successors, assigns, affiliates, agents and contractors.\nChanging Contact Preferences - You may change your preferences or update your contact information online or by calling the Customer Service\nnumber shown on the front of your billing statement.\nAccess To Your Mobile Subscriber Details - You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded\nwireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers\n(IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you provided with\nyour wireless operator Account profile information for the duration of the business relationship. See our Privacy Policy for how we treat your data.\nGoverning Law - This Agreement is governed by applicable federal law and by South Dakota law, without regard to South Dakota\xe2\x80\x99s conflict of laws\nprinciples.\nCompliance with the Military Lending Act: Your Cardmember Agreement shall be interpreted to comply with the Military Lending Act, including its\nrestrictions on permissible loan terms and limitations on interest and fees. The limitations on interest and fees apply to individuals during the period that\nthey are Covered Borrowers. As applied to Covered Borrowers, any interest or fees in excess of the permitted limit shall be reduced by the amount\nnecessary to satisfy that limit and any amounts collected in excess of the permitted limit shall be refunded by crediting the Covered Borrower\xe2\x80\x99s Account\nor by making a direct payment to the Covered Borrower; the Jury Trial Waiver and Arbitration Clause shall not apply; and any other provision of your\nCardmember Agreement that is inconsistent with the Military Lending Act shall not apply.\nA consumer becomes a \xe2\x80\x9cCovered Borrower\xe2\x80\x9d who is entitled to the Limitations on Terms of Consumer Credit Extended to Service Members and\nDependents pursuant to a determination made in accordance with 32 C.F.R. 232.5(b). A consumer ceases to be a \xe2\x80\x9cCovered Borrower\xe2\x80\x9d when he or she\nis no longer a member of the Armed Forces serving on active duty or a dependent of such member, as defined under 32 C.F.R. 232.3(g).\n\nSeverability - If any part of this Agreement conflicts with applicable law, that provision will be considered modified to conform to applicable law.\nHowever, if you are otherwise subject to arbitration of Disputes in accordance with this Agreement, but any part or parts of your Agreement to arbitrate\nare declared unenforceable, then you and we agree that such specific part or parts shall be of no force or effect and shall be severed, but the remainder\nof this Agreement to arbitrate shall continue in full force and effect. If, however, the entire Agreement to arbitrate or your waiver of the right to bring or\nparticipate in a class or representative action is unenforceable, then the Agreement to arbitrate shall be of no force or effect.\nEnforcing this Agreement - We may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them.\nAssignment of Account - We may assign any or all of our rights and obligations under this Agreement. You may not assign any of your rights or\nobligations under this Agreement.\nARBITRATION\nThis Jury Trial Waiver and Arbitration Clause does not apply to you if you are a Covered Borrower under the Military Lending Act.\nJURY TRIAL WAIVER AND ARBITRATION CLAUSE\n\n\x0cBy accepting this Agreement, you agree to this Jury Trial Waiver and Arbitration Clause (\xe2\x80\x9cClause\xe2\x80\x9d). This Clause is in question and answer\nform to make it easier to understand. Even so, this Clause is part of this Agreement and is legally binding. Under this Clause, you waive\nthe right to have any Dispute heard by a judge and jury and you waive the right to bring or participate in a class, representative\nor private attorney general action regarding any Dispute. You may \xe2\x80\x9copt out\xe2\x80\x9d of this Clause in the manner set out in the section\nof the Clause entitled \xe2\x80\x9cIs this Clause Required.\xe2\x80\x9d\nBACKGROUND AND SCOPE\nQuestion\n\nShort\nAnswer\n\nFurther Detail\n\nWhat is\narbitration?\n\nAn\nalternative\nto court\n\nIn arbitration, a third party arbitrator (\xe2\x80\x9cTPA\xe2\x80\x9d) decides Disputes.\n\nIs it different\nfrom court\nand jury\ntrials?\n\nYes\n\nThere is no jury. It may be less formal, faster, and less expensive than a lawsuit. Pre-hearing fact-finding\n(called \xe2\x80\x9cdiscovery\xe2\x80\x9d) is limited. Appeals are limited. Courts rarely overturn arbitration awards.\n\nIs this Clause\nrequired?\n\nNo\n\nIf you do not want this Clause to apply to Disputes, you must send us a signed notice within 60 calendar\ndays after accepting this Agreement. You must send the notice in writing to Card Services, attn.\nCompliance Department, PO Box 84064, Columbus, GA 31908. You must provide your name, address\nand the date. You must state that you \xe2\x80\x9copt out\xe2\x80\x9d of the arbitration clause. If you do not opt out in\ncompliance with the instructions set forth in this box, then this Clause will apply to Disputes.\n\nWhat is this\nClause\nabout?\n\nThe parties\'\nagreement\nto arbitrate\nDisputes\n\nYou and we agree that any party may elect to arbitrate or require arbitration of any "Dispute" as defined\nbelow.\n\nWho does\nthe Clause\ncover?\n\nYou, us,\nand certain\n"Related\nParties"\n\nThis Clause governs you and us. It also covers certain "Related Parties." These include: (1) our parent\ncompanies, subsidiaries, and affiliates; (2) our employees, directors, officers, shareholders, members,\nrepresentatives, and agents; and (3) any person or entity that your or we assert is potentially liable for the\nconduct at issue in a Dispute.\n\nWhat\nDisputes\ndoes the\nClause\ncover?\n\nAll\nDisputes\n\nWho is the\narbitration\ncompany?\n\nUsually\nAAA or\nJAMS\n\nHow is the\nTPA\nselected?\n\nBy\nagreement\nor by the\narbitration\ncompany\n\nCan Disputes\nbe litigated?\n\nSometimes\n\nDoes\narbitration\ninvolve\n\nYes\n\nThis Clause governs all \xe2\x80\x9cDisputes\xe2\x80\x9d between you and us (or any Related Party). In this Clause, the word\n\xe2\x80\x9cDisputes\xe2\x80\x9d means any claim, counterclaim, cross-claim, complaint, cross-complaint, controversy, or\ndispute between you or us arising under, out of, or directly or indirectly related to your application, this\nAgreement or your relationship with us. It includes claims related to any prior applications or\nagreements. It includes extensions, renewals, refinancings, or payment plans. It includes claims related\nto collections, privacy, and customer information. It includes claims related to the validity in general of\nthis Agreement. Without limiting the generality of the foregoing, the term Dispute shall include any claim,\ncontroversy or dispute without regard to when it arose; whether it is based in contract, tort, statute,\nregulation, common law, or equity; or whether the remedy sought is legal or equitable, including claims\nfor compensatory, monetary and/or punitive damages, restitution and/or disgorgement, or injunctive\nrelief, including public injunctive relief. Dispute also includes any claim, defense or dispute concerning\nthe formation, existence, validity, enforceability, revocation or scope of this Clause.\nThe arbitration company will be one of the following:\n\xe2\x80\xa2\nThe American Arbitration Association ("AAA"), 1-800-778-7879, www.adr.org\n\xe2\x80\xa2\nJAMS, 1-800-352-5267, www.jamsadr.com\n\xe2\x80\xa2\nAnother arbitration company agreed to by you and us.\nIf all the above options are unavailable, a court will appoint an arbitration company to administer the\narbitration. However, the court may not select an arbitration company if that company\xe2\x80\x99s arbitration rules\nwould permit class arbitration contrary to this Clause. Similarly, if the AAA or JAMS rules are changed\nto allow class arbitration contrary to this Clause then they are disqualified from serving as the arbitration\ncompany.\nSelection of the TPA is governed by the rules of the arbitration company. In general, the arbitration\ncompany\xe2\x80\x99s rules allow you and us to try to agree on the TPA. However, if you and we cannot agree,\nthen the arbitration company will select the TPA in accordance with its rules and the criteria set forth in\nthis box.\nThe TPA must be a lawyer with at least ten years of experience or a retired judge unless you and we\notherwise agree.\nEither party may bring a lawsuit subject to the other party\'s right to demand arbitration. We will not\ndemand arbitration of any lawsuit you bring (whether complaint, cross-claim or counterclaim) as an\nindividual action in small-claims court; however, if such compliant, cross-claim or counterclaim is not\nbrought on an individual only basis or is transferred or removed to a different court, we may then\nexercise our right to arbitrate the Dispute according to this Clause.\nFor Disputes subject to this Clause, you give up your right to:\n1. Have a jury hear and decide your Dispute.\n2. Have courts, other than small-claims courts, decide Disputes.\n3. Serve as a private attorney general or in a representative capacity.\n4. Join your Dispute with a dispute between us and other borrowers.\n5. Bring or be a class member in a class action or class arbitration.\n\n\x0cgiving up any\nrights?\n\nWe also give up the right to a jury trial and to have courts decide Disputes you wish to arbitrate.\n\nIs a class\narbitration\npermitted?\n\nNo\n\nThe TPA is not allowed to handle any Dispute on a class, private attorney general or\nrepresentative basis. All Disputes subject to this Clause must be decided in an individual arbitration\nor an individual small-claims action. Any arbitral award on a class basis shall be void and shall not be\nsubject to confirmation and no judgment shall enter thereon.\n\nMay a\nCalifornia\nborrower\narbitrate a\nclaim for\npublic\ninjunctive\nrelief under\nthis Clause?\n\nYes\n\nThis Clause shall not be construed to prevent you from seeking in the arbitration the remedy of public\ninjunctive relief if (a) you reside in California, (b) you resided in California at the time you entered into this\nClause, or (c) the billing address for your account is a California address.\n\nWill borrower\nactions make\nthis Clause\nineffective?\n\nNo\n\nThis Clause stays in force even if you: (1) close the Account; (2) default, renew, prepay or pay your\nAccount in full; or (3) go into or through bankruptcy.\n\nPROCESS\nQuestion\n\nShort\nAnswer\n\nWhat must\nyou or we do\nbefore\nstarting a\nlawsuit or\narbitration?\n\nSend a\nwritten\nDispute\nnotice and\nwork to\nresolve the\nDispute\n\nHow does\narbitration\nstart?\n\nFollowing\nthe rules of\nthe selected\narbitration\ncompany\n\nFurther Detail\nBefore starting a lawsuit or arbitration, the complaining party must give the other party written notice of\nthe Dispute. The notice must provide the complaining party\xe2\x80\x99s name, address and date. The notice must\nexplain in reasonable detail the nature of the Dispute and any supporting facts. If you are the complaining\nparty, you must send the notice in writing (and not electronically) to Card Services, attn. Compliance\nDepartment, PO Box 84064, Columbus, GA 31908. You, or an attorney representing you, must sign the\nnotice and must provide a phone number where you (or your attorney) can be reached. A collections\nletter from us to you will serve as our written notice of a Dispute. Once a Dispute notice is sent, the\ncomplaining party must give the other party a reasonable opportunity over the next 30 days to resolve\nthe Dispute on an individual basis.\nIf the parties do not reach an agreement to resolve the Dispute within 30 days after notice of the Dispute\nis received, the complaining party may start a lawsuit or arbitration, subject to the right of the other to\ndemand arbitration of the Dispute according to the terms of this Clause. To start arbitration, the\ncomplaining party picks the arbitration company and follows the arbitration company\'s rules. If one party\nstarts or threatens a lawsuit, the other party can demand arbitration. This demand can be made in court\npapers. It can be made if a party starts a lawsuit on an individual basis and then tries to pursue a class\naction. Once an arbitration demand is made, no lawsuit can be brought and any existing lawsuit must\nstop. Either you or we may seek to stay a lawsuit or enforce arbitration as provided for in the FAA if\neither your or we fail to abide by the terms of this Clause.\nOnce an arbitration is started, the arbitration will be conducted under this Clause and the rules of the\narbitration company in effect at the time the arbitration is commenced. But, arbitration rules that conflict\nwith this Clause do not apply.\n\nWill any\nhearing be\nheld nearby?\n\nWhat about\nappeals?\n\nYes\n\nThe TPA may decide that an in-person hearing is unnecessary and that he or she can resolve a Dispute\nbased on written filings and/or a conference call. But, any in-person arbitration hearing must be held at\na place within the federal judicial district of the mailing address that you provided to us.\n\nVery limited\n\nAppeal rights under the FAA are very limited. Except for FAA appeal rights and except for Disputes\ninvolving more than $50,000 (including Disputes involving requests for injunctive relief that could cost us\nmore than $50,000), the TPA\'s award will be final and binding. For Claims involving more than $50,000,\nany party may appeal the award to a panel of three TPAs appointed by the arbitration company, which\nwill reconsider from the start anything in the initial award that is appealed. The panel\'s decision will be\nfinal and binding, except for any FAA appeal right. Any appropriate court may enter judgment upon the\narbitrator\'s award.\n\nARBITRATION FEES AND AWARDS\nQuestion\n\nShort\nAnswer\n\nFurther Detail\n\nWho bears\narbitration\nfees?\n\nUsually, we\ndo.\n\nArbitration fees are fees charged by the arbitration company or the TPA. We will pay all filing,\nadministrative, hearing and TPA fees if you cannot get a waiver of such fees, and ask us to pay.\n\n\x0cWhen will we\ncover your\nlegal fees and\ncosts?\n\nIf you win\n\nIf you win an arbitration, we will pay the reasonable fees and costs for your attorneys, experts, and\nwitnesses. We will also pay these amounts if required under applicable law or the arbitration company\'s\nrules or if payment is required to enforce this Clause. The TPA shall not limit his or her award of these\namounts because your Dispute is for a small amount.\n\nWill you ever\nowe us for\narbitration or\nattorneys\'\nfees?\n\nOnly for bad\nfaith\n\nThe TPA can require you to pay our fees if (and only if): (1) the TPA finds that you have acted in bad\nfaith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)); and (2) this power\ndoes not make this Clause invalid or require the TPA or arbitration company to decline to participate in\nthe arbitration.\n\nCan a failure\nto resolve a\nDispute\ninformally\nresult in a\nlarger\nrecovery for\nyou?\n\nYes\n\nYou are entitled to an arbitration award of at least $3,000 if: (1) You give us notice of a Dispute on your\nown behalf (and not on behalf of any other party) and comply with all of the requirements of this Clause\n(including the requirements described in response to the question reading "What must a party do before\nstarting a lawsuit or arbitration?)"; and (2) the TPA awards you money damages greater than the last\namount you requested at least ten days before the arbitration commenced. This is in addition to the\nattorneys\' fees and expenses (including expert witness fees and costs) to which you are otherwise\nentitled. This $3,000 minimum award is a single award that applies to all Disputes you have raised or\ncould have raised in the arbitration. Multiple awards of $3,000 are not contemplated by this Clause.\nSettlement demands and offers are strictly confidential. They may not be used in any proceeding by\neither party except to justify a minimum recovery of $3,000.\n\nCan an award\nbe explained?\n\nYes\n\nA party may request an explanation from the TPA, within 14 days of the ruling. Upon such request, the\nTPA will explain the ruling in writing.\n\nYOUR BILLING RIGHTS\nKeep This Document For Future Use\nThis notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.\nWhat To Do If You Find A Mistake On Your Statement\nIf you think there is an error on your bill, write to us at:\nCard Services - Dispute Resolution\nPO Box 84064\nColumbus, GA 31908\nIn your letter, give us the following information:\n\xe2\x80\xa2\nAccount information: Your name and Account number.\n\xe2\x80\xa2\nDollar amount: The dollar amount of the suspected error.\n\xe2\x80\xa2\nDescription of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.\nYou must contact us:\n\xe2\x80\xa2\nWithin 60 days after the error appeared on your statement.\n\xe2\x80\xa2\nAt least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.\nYou must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may\nhave to pay the amount in question.\nWhat Will Happen After We Receive Your Letter\nWhen we receive your letter, we must do two things:\n1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error.\n2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.\nWhile we investigate whether or not there has been an error:\n\xe2\x80\xa2\nWe cannot try to collect the amount in question, or report you as delinquent on that amount.\n\xe2\x80\xa2\nThe charge in question may remain on your statement, and we may continue to charge you interest on that amount.\n\xe2\x80\xa2\nWhile you do not have to pay the amount in question, you are responsible for the remainder of your balance.\n\xe2\x80\xa2\nWe can apply any unpaid amount against your credit limit.\nAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2\nIf we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.\n\xe2\x80\xa2\nIf we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a\nstatement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you\nowe.\nIf you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we\ncannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you\nas delinquent, and we must let those organizations know when the matter has been settled between us.\nIf we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.\nYour Rights If You Are Dissatisfied With Your Credit Card Purchases\n\n\x0cIf you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem\nwith the merchant, you may have the right not to pay the remaining amount due on the purchase.\nTo use this right, all of the following must be true:\n1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have\nbeen more than $50. (Note: Neither of these is necessary if your purchase was based on an advertisement we mailed to you, or if we own the\ncompany that sold you the goods or services.)\n2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit\ncard account do not qualify.\n3. You must not yet have fully paid for the purchase.\nIf all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:\nCard Services - Dispute Resolution\nPO Box 84064\nColumbus, GA 31908\nWhile we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At\nthat point, if we think you owe an amount and you do not pay, we may report you as delinquent.\n\nThis card is issued by First Bank & Trust, Brookings, SD pursuant to a license by Mastercard International Incorporated.\nMastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated.\n\n\x0c'