b'Terms & Conditions\n\nTRUTH IN LENDING DISCLOSURE: The information about the costs of the card described in this application is accurate as of January 2019. This\ninformation may have changed after that date. To find out what may have changed, call us at 877-486-3442 or write to: HC Processing Center, P.O.\nBox 708670, Sandy, UT 84070.\n\nInterest Rate and Interest Charges\nAnnual Percentage Rate (APR) for\nPurchases\n\n29.99% This APR will vary with the market based on the Prime Rate.\n\nHow to Avoid Paying Interest on\nPurchases\n\nYour due date is at least 25 days after the close of each billing cycle. We will not charge you any\ninterest on purchases if you pay your entire balance by the due date and no Previous Balance\nexisted.\n\nMinimum Interest Charge\n\nIf you are charged interest, the charge will be no less than $2.00.\n\nFor Credit Card Tips from the Consumer\nFinancial Protection Bureau\n\nTo learn more about factors to consider when applying for or using a credit card, visit the\nwebsite of the Consumer Financial Protection Bureau at\nwww.consumerfinance.gov/learnmore.\n\nFees\nAnnual Fees\n\n$59\n\nPenalty Fees:\n\xe2\x80\xa2 Late fee\n\xe2\x80\xa2 Returned payment fee\n\nUp to $39\nUp to $39\n\nHow We Calculate Your Balance Subject to Interest Rate: We use a method called \xe2\x80\x9cDaily Balance (Including Current Transactions).\xe2\x80\x9d See your\naccount agreement for more details.\nBilling Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your account agreement.\nCARDHOLDER AGREEMENT\nThis Cardholder Agreement contains the general terms and conditions that will govern your credit card account (the \xe2\x80\x9cAccount\xe2\x80\x9d), and the credit card\nwe issue for Account access (the \xe2\x80\x9cCard\xe2\x80\x9d), if we approve your application for an Account. The Account application you signed or otherwise submitted\nto us (including its federal and state notices), and any written materials we may provide with your Card or as a supplement or amendment to this\nCardholder Agreement, are part of and incorporated into this Cardholder Agreement by reference (together, our \xe2\x80\x9cAgreement\xe2\x80\x9d with you).\nIn this Agreement, the words "you" and "your" mean each applicant (as an individual) and all applicants (as a group) shown on the Account\napplication, and anyone else you authorize or permit to use your Account. The words "we," "us," and "our," mean First Electronic Bank, the financial\ninstitution that provides the Account and issues the Cards, and its assigns and successors. When the Agreement states that we \xe2\x80\x9cmay\xe2\x80\x9d take an\naction, this means that we are allowed and have the sole discretion to take that action, subject only to any limitations or notices expressly required by\nlaw or this Agreement. You accept and agree to be bound by all terms and conditions in this Agreement, including its arbitration provision,\nthe first time any of you use your Account.\nOral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt, including promises to extend or\nreview such debt, are not enforceable. To protect you (borrower(s)) and us (creditor) from misunderstanding or disappointment, any agreements we\nreach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we\nmay later agree in writing to modify it.\n1. USE OF CARD: Subject to the terms and conditions in the Agreement, you may use your Account to purchase goods and services from the\nmerchants and providers (each, a \xe2\x80\x9cParticipant\xe2\x80\x9d) that have agreed to participate in the credit card program we provide with assistance from Dent-AMed, Inc. d/b/a HC Processing Center. Before you attempt or agree to use the Account and Card to purchase any goods or services on credit from a\nParticipant, you must notify the Participant that you intend to charge your purchase to your Card and obtain the Participant\xe2\x80\x99s approval for the Card\npurchase. We will not extend Account credit to you for any purchase, unless you notified and obtained approval from a Participant for that purchase.\nWe will not be liable to you if a participant or any merchant refuses to honor your Account and Card for any purchase. The Participant will prepare\nand submit a charge slip to us for Account purchases or submit an Account charge to us electronically for payment.\n\nPage 1 of 11\n\nForm #350BVSFBE3 valid from 01.31.2019 to 07.31.2019\n\n\x0c2. ACCOUNT BILLING STATEMENTS AND NOTICES; ADDRESS ON FILE: If you have a credit or debit balance on the Account of $1 or more at\nthe end of any billing period, we will send a periodic Account statement (a \xe2\x80\x9cbill\xe2\x80\x9d) showing what you owe us as of the end of that billing period. We\nmay not send you a bill, however, if we have decided your Account is uncollectible, if we have sent the Account for collection proceedings against\nyou, or if the law does not require or permit us to send the bill. The billing period is the fixed period of time covered by the bill we send you. Each bill\nthat we send will identify the billing period that it covers. The bill will show your new charges, including interest and fees, and any payments that\nposted to your Account during that period. It will also show you the minimum payment you must make to us by the due date shown on the bill. You\nagree to examine each bill and notify us immediately of any item you may dispute. The billing error rights notice in this Agreement and on your bills\nprovides more information about how you may notify us about any disputed items or billing errors. We will mail or deliver your bill only to one\naddress.\nIf your Account is a joint Account or more than one person is permitted to use the Account, you agree that we may send all Account bills and other\nAccount notices solely to your address on file, as shown in our billing records. Your address on file is the address you provided in your Account\napplication, unless: (a) we have received and processed a notice of a change in address that you provided in accordance with this Agreement or\nyour most recent bill; or (b) we are notified by the U.S. Postal Service of an address correction for you and we decide, in good faith, to rely on the\naddress correction notice we receive from the Postal Service. You agree to notify us immediately of any change in your mailing address, telephone\nnumbers, or other contact information, such as your email addresses.\n3. BALANCE CATEGORIES: We put each charge on your Account, including interest and fees, into a balance category. We use the different\nbalances to calculate the correct interest charges on your Account. If any type of charge is subject to a separate promotional interest rate, deferred\ninterest, and/or reduced or deferred payment requirements (each, a \xe2\x80\x9cPromotional Balance\xe2\x80\x9d) we will put the Promotional Balance into a separate\nbalance for the time period you qualify for the special promotional terms (\xe2\x80\x9cPromotional Terms\xe2\x80\x9d).\n4. AUTHORIZED USERS AND AUTHORIZED CHARGES: If you give your Card or Account number to another person, he or she is an authorized\nuser. An authorized charge is any charge you or any authorized user makes on the Account, and any fees and interest charges owing on the\nAccount. Any charge made by an authorized user is an authorized charge. This is true even if you told the authorized user not to make that specific\ncharge. A charge will still be authorized, even if it causes your Account to exceed its credit limit, is an illegal transaction, or is made after your\nAccount is closed. An authorized charge can be made over the telephone, in person, on the Internet, or in any other way your Account can be used.\n5. PAYMENTS\nA. Promise to Pay: You agree to pay all authorized charges on each bill, including interest and fees. You agree to pay us for any charges that we\nallow over your Account credit limit. You promise to pay at least the minimum payment by the due date shown on each bill.\nB. Payment Due Date; Payment Requirements: The due date is the date by which we must receive your payment for it to be on time. Your bill lists\nthe due date, which will fall on the same calendar day of the month. Your due date will be at least 21 days from the date we send you the bill and at\nleast 25 days from the end of the most recently ended billing period. To be on time, we must receive your payment on or before the due date at the\nplace and by the time stated on your bill. Unless a bill states a different place for payments, your payments must be sent to: HC Processing Center,\nP.O. Box 268808, Oklahoma City, OK 73126 (regular mail); or HC Processing Center, 380 Data Drive, Suite 200, Draper, UT 84020 (overnight\ncourier). Unless a bill states a different time, your payment is on time if we receive it by 5:00 p.m. Central Time on the due date. This 5:00 p.m.\ndeadline is measured by the time zone in which we receive the payment, which may not be your time zone. If we do not receive or accept payments\nby mail on the due date, your payment will be on time if it is received by the next day that we accept or receive payments by mail.\nYou must pay in U.S. dollars. You must not pay in cash. Your payment must be drawn on a U.S. deposit account or by a cashier\xe2\x80\x99s check drawn on a\nU.S. bank or a foreign bank branch in the U.S. You must not attach or include any restrictive language to your payment. Any check or money order\nyou send that has restrictive words, conditions, limitations, or special instructions to us, including those marked with words \xe2\x80\x9cpaid in full\xe2\x80\x9d\nor similar language, must be mailed to: HC Processing Center, P.O. Box 708670, Sandy, UT 84070. If you make payments in a paper form\n(such as check, money order, or cashier\xe2\x80\x99s check), you must include the payment coupon from your bill or write your Account number on the\npayment. If we decide, in our discretion, to accept a form of payment that does not meet these payment instructions, you agree that we are not\nwaiving our right to require you to make or continue making payments that comply with these instructions and are otherwise required by the\nAgreement. The credit available on your Account will be increased by the amount of your payment within 14 days after we receive your payment.\nYou can also make a Payment or set up automatic payments by calling 1-877-486-3442. Automatic payments for the billing period shown on your\nstatement will be deducted on the Payment Due Date shown on that statement, or the next automatic payment date referred to on your statement,\nunless you request a recurring payment date that occurs before your Payment Due Date. If your scheduled payment date falls on a Sunday or\nbank holiday, your payment will be processed the business day prior to the weekend or bank holiday. In order to schedule monthly payments\nby telephone, you will need this statement and your bank account information. You will be asked to provide the last four (4) digits of your social\nsecurity number as your electronic signature. By providing those numbers, you will be agreeing to the authorization to allow us and your bank to\ndeduct each authorized payment, in the amount selected by you, from your bank account. You also authorize us to initiate debit or credit entries to\nyour bank account, as applicable, to correct an error in the processing of such payment. You can cancel a scheduled payment by phone at 1-877486-3442 or by mail at HC Processing Center, PO Box 708670, Sandy, UT 84070; payment cancellations must be received before 5 PM CT of the\nscheduled withdrawal date.\n\nPage 2 of 11\n\nForm #350BVSFBE3 valid from 01.31.2019 to 07.31.2019\n\n\x0cC. Minimum Payment: The bill we send to you will state your due date and the minimum amount you must pay by that due date (your \xe2\x80\x9cminimum\npayment\xe2\x80\x9d or the \xe2\x80\x9cminimum payment due\xe2\x80\x9d in this Agreement and on your bill). If you do not pay the minimum payment by its due date, we may charge\nyou a late payment fee. You will also be in breach of this Agreement. You may pay all or part of your Account balance at any time. However, for each\nbill, you must pay at least the minimum payment by the due date stated on the bill. If any Promotional Terms apply that modify the payment\nrequirements with respect to a Promotional Balance, then those Promotional Terms will explain how we determine the minimum payment due with\nrespect to these Promotional Balances.\nAs of the end of the billing period covered by the bill, we start by determining the amount that is the greater of: (i) the full unpaid balance of your\nAccount, if this is less than $25.00; (ii) $25.00, if the balance is at least $25.00; (iii) 3.5% of the Highest Balance (excluding any Promotional\nBalances whose Promotional Terms make those Promotional Balances subject to different payment requirements). Then, we determine the\nminimum payment due for any Promotional Balances whose Promotional Terms modify the payment requirements for these Promotional Balances;\nor (iv) the sum of 1.0% of the Highest Balance (excluding any Promotional Balances whose Promotional Terms make those Promotional Balances\nsubject to different payment requirements), plus all interest charges, late payment fees, and returned payment fees then due for the Account. Then,\nwe determine whether there are any Account payments that are past due or balances that exceed the credit limit of your Account. Finally, we\ncalculate your minimum payment due by adding together all the amounts described in this paragraph and rounding the result up to the nearest whole\ndollar. If you pay more than the minimum payment due after the end of any billing period, you must still pay at least the minimum payment due after\nthe end of each billing period after that.\nD. Payment Allocation: We choose which Account balances to pay with your minimum payment. We generally apply payments above the minimum\npayment to balances with the highest APRs first, except that we may apply the part of your payment that exceeds the minimum payment first to any\ndeferred interest balances during the last two billing periods of a deferred interest period.\n6. TYPES OF CHARGES: There are two types of charges or \xe2\x80\x9cPlans\xe2\x80\x9d under your Account: you may make a purchase on (a) the Regular Plan or (b) a\nPromotional Plan. The standard provisions of this Agreement apply to all Promotional Plan transactions unless otherwise specified prior to or at the\ntime of purchase under a particular Promotional Plan offering, and will continue to apply to any and all transactions that are not subject to a\nPromotional Plan. The following Promotional Plan may be offered from time to time as specified prior to or at the time of purchase: Deferred Interest\n(a) Monthly Payment Plan \xe2\x80\x93 If you pay the full cash sales price of the purchase by the promotional due date, as indicated on your billing\nstatement, and pay the Minimum Payment Due when due each billing cycle, as indicated on your billing statement, no interest charges will\nbe imposed on the purchase. If such payments are not so made, interest charges will be imposed from the purchase date. (b) Reduced\nInterest Monthly Payment Plan \xe2\x80\x93 If you pay the full cash sales price of the purchase by the promotional due date, as indicated on your\nbilling statement, and pay the Minimum Payment Due when due each billing cycle, as indicated on your billing statement, reduced interest\ncharges will be imposed on the purchase. If such payments are not made, the fully indexed APR will be imposed from the default date\nforward.\n7. INTEREST RATES AND INTEREST CHARGES:\nA. APRs Applied to Different Balances: The \xe2\x80\x9cannual percentage rate\xe2\x80\x9d or \xe2\x80\x9cAPR\xe2\x80\x9d is an annualized interest rate. We use the APR that applies to each\nbalance to calculate the interest charges that you owe us on the Account. Different APRs may apply to different balances on your Account, such as\npurchases subject to the standard APR and any qualifying purchases we may allow you to make subject to deferred interest or a promotional APR.\nB. Variable APRs: All your Account APRs are variable, unless we specifically state that a non-variable APR applies in connection with a deferred\ninterest or promotional APR program. Variable APRs increase or decrease based on changes in the Prime Rate. For the Prime Rate, we use the\nU.S. Prime Rate that The Wall Street Journal publishes on the Friday that follows the last Thursday of each month (the \xe2\x80\x9cDetermination Date\xe2\x80\x9d). If The\nWall Street Journal no longer publishes a Prime Rate, we will use a similar published rate that we choose as a substitute. Any increase or decrease\nto a variable APR based on a change in the Prime Rate will apply to your Account balances and purchases as of the first day of the billing period that\nbegins after a Determination Date. Any increase in an APR that applies to your Account may cause an increase to your minimum required monthly\npayment.\nC. Standard APR: We determine your standard APR by adding a margin of 24.49 percentage points to the Prime Rate. Currently, the standard APR\nof 29.99% applies to your account (corresponding to a Daily Periodic Rate of 0.082164%).\nD. Use of Daily Balance Method with Compounding: We calculate the interest charge on your account by applying the \xe2\x80\x9cdaily periodic rate\xe2\x80\x9d for\nthat balance to the \xe2\x80\x9cdaily balance\xe2\x80\x9d of that balance. We do this for each day in the billing period and add together the resulting interest charges. That\ngives us the total interest charges for that balance for that billing period. You agree that we may round interest charges to the nearest cent.\nThe \xe2\x80\x9cdaily periodic rate\xe2\x80\x9d is a daily interest rate. The daily periodic rate for a given balance is equal to the APR for that balance divided by 365.\nWe calculate the \xe2\x80\x9cdaily balance\xe2\x80\x9d for each balance. We do this by starting with the beginning amount of that balance for each day. We add any new\npurchases and Account fees for that day, add any interest on the previous daily balance if there is one in that billing period, and subtract any\npayments or credits. This gives us the \xe2\x80\x9cdaily balance.\xe2\x80\x9d The addition of the prior day\xe2\x80\x99s interest to the daily balance calculation causes interest to\ncompound daily. We add all Account fees and minimum interest charges to the daily balance of purchases subject to the standard APR. Any daily\nbalance that is less than zero will be treated as zero. Each \xe2\x80\x9cBalance Subject to Interest Rate\xe2\x80\x9d shown on your bill will be an average of the daily\nbalances during the billing period for that balance.\n\nPage 3 of 11\n\nForm #350BVSFBE3 valid from 01.31.2019 to 07.31.2019\n\n\x0cE. When Interest Charges Begin; Grace Period: The \xe2\x80\x9cNew Balance\xe2\x80\x9d of your Account is the full unpaid balance of your Account that is outstanding\nas of the end of each billing period covered by each bill. As long as you continue to pay the New Balance every month by the due date listed on your\nbill, there will be a grace period on your Account purchases and we will not charge interest on those purchases. If you do not pay by the due date the\nNew Balance that is outstanding as of the end of a given billing period, there will be no grace period and you will owe interest on the unpaid Account\nbalances from the end of that billing period. After the end of that billing period, all charges will accrue interest from the date they were made. To take\nadvantage of the grace period again, you must pay your New Balance in full, make no new purchases, and pay on time for as much as two billing\nperiods in a row.\nF. Minimum Interest Charges: You must pay a minimum of $2.00 of interest after any billing period in which you owe any interest charges.\n8. FEES:\nA. Annual Fee: In the first billing period your Account has a purchase, we will charge a $59.00 annual fee to your Account. Thereafter you will be\ncharged this annual fee on or about the anniversary of the first charge to your Account (your \xe2\x80\x9cAnniversary Date\xe2\x80\x9d), so long as your account has an\nunpaid balance or remains open for new purchases. We will notify you about this annual fee before each Anniversary Date. Our notice will explain\nwhen and how you may close your Account to future purchases and pay the full unpaid balance if you do not want to be charged this annual fee on\nan Anniversary Date.\nB. Returned Payment Fee: If your payment is returned unpaid to us for any reason, we will charge up to a $28.00 returned payment fee to your\nAccount. If your payments are returned unpaid more than once during any six-month period, we will charge up to a $39.00 returned payment fee to\nyour Account. After that, your returned payment fee will not return to $28.00 until you make Account payments required by the Agreement that are\npaid in full for six consecutive months.\nC. Late Payment Fee: If you do not pay at least the minimum payment due by its due date, we will charge a $28.00 late payment fee to your\nAccount. If you do not pay the minimum payments due by their due dates more than once during any six-month period, we will charge a $39.00 late\npayment fee to your Account. After that, your late payment fee will not return to $28.00, until you make at least the minimum payment due by its due\ndate for six consecutive months.\nD. Additional Account Fees: We will charge additional fees to your Account for certain services that you may request in connection with your\nAccount. The additional fees we may charge to your Account for Account services include, but are not limited to, the following: a $10.00 per page fee\nfor copies of documents unrelated to a billing error; a $5.00 fee to issue a replacement Card; a $9.95 expedited payment fee each time you request\nexpedited assistance from our live customer service representative or agent to make an automated payment of your Account; and a $15.00\nexpedited service fee each time you request expedited assistance from us for reasons other than completing an Account payment (for example, to\nrequest an Account balance or payoff letter from us within three business days). You may contact us at 877-486-3442 at any time with questions\nabout these and other Account services, or to request a schedule of other Account fees that we may require for particular services that are not listed\nhere.\n9. CREDIT LIMIT: We will establish a credit limit for your Account. We may increase or decrease your Credit Line without notice. We may delay\nincreasing your available credit by the amount of any payment that we receive for up to 14 days. You agree that you will not use or permit others\nto use your Account to obtain credit if it would cause the outstanding balance of your Account to exceed its credit limit. However, we may, at our\noption, without waiving any of our rights, permit charges to your Account, even if those charges would cause your outstanding Account balance to\nexceed its credit limit. We will not assess a fee if we elect to honor charges that cause your Account to exceed its credit limit.\n10. ENTIRE BALANCE DUE: If you break your promises under this Agreement, you understand and agree that we may demand that you pay the\nentire outstanding balance of your Account at once, subject to any legally required notices and limitations of applicable law. We may also do this if\nyou made any false or misleading statements on your application, if you become insolvent or are subject to bankruptcy proceedings, or if you die, to\nthe extent permitted by and in accordance with applicable law.\n11. COLLECTION COSTS: To the extent permitted by law, you promise to pay all the costs we incur to collect your Account, including reasonable\nand allowable attorney\xe2\x80\x99s fees.\n12. JOINT ACCOUNTS: If this is a joint Account, each of you is responsible as an individual and all of you are responsible as a group for all amounts\nthat are owed in connection with the Account. Each of you is responsible, even if the Account is used by only one of you. You will continue to be\nliable for the entire balance of the Account, even if your co-applicant or co-borrower is ordered by a court to pay us. You will remain liable to us if\nyour co-applicant or co-borrower fails to pay as ordered by the court. Your Account status will continue to be reported to the credit bureau under\neach of your names. The delivery of Account notices or bills to any of you serves as delivery of those notices and bills to all of you. We may rely on\nand comply with instructions given by any of you with respect to the Account. We are not liable to any of you for relying on or complying with\ninstructions given by any of you.\n13. NOTICES, CHANGES OF ACCOUNT INFORMATION, AND METHODS OF CONTACT: If we need to contact you to service your Account or to\ncollect amounts you owe us, you authorize us (and our affiliates, agents, and contractors) to contact you at any number (i) you have provided to us, (ii)\nfrom which you called us, or (iii)at which we believe we can contact you. . We may obtain address corrections from the U.S. Postal Service and\ntelephone numbers and other contact information from third party sources. You also authorize us to send emails to an email address at which we\nhave reason to believe you can be reached. You consent to us, as well as any other owner or servicer of your account, contacting you through any\n\nPage 4 of 11\n\nForm #350BVSFBE3 valid from 01.31.2019 to 07.31.2019\n\n\x0cchannel of communication and for any purpose, as permitted by applicable law. For informational, servicing or collection related communications,\nyou agree that we may use the phone numbers that you provide to us, or numbers from which you called us, to contact your cellular phone or\nwireless device with text messages, artificial or prerecorded voice calls, and calls made by an automatic telephone dialing system. This consent\napplies even if you are charged for the call under your phone plan. You are responsible for any charges that may be billed to you by your\ncommunications carriers when we contact you.\n14. TELEPHONE MONITORING: You agree that we (and our affiliates, agents, and contractors) may monitor or record any calls between you and us.\n15. INVALIDITY: If one or more provisions of the Agreement are declared invalid or unenforceable by a court or arbitrator with jurisdiction, you and\nwe agree that the remaining conditions and terms will not be affected.\n16. CHANGING OUR AGREEMENT: Subject to notice requirements and limitations of applicable law, we may change the terms of this Agreement\nat any time, and the new terms that apply to your Account will take effect on the day we specify. If the law requires us to notify you in a certain way,\nor limit the effect of any change in Account or Agreement terms, we will comply.\n17. AUTHORIZATION FOR RELEASE OF CREDIT INFORMATION: We may report information about your Account to credit bureaus. Late\npayments, missed payments, or other defaults on your Account may be reflected in your credit report. Tell us if you think we reported wrong\ninformation about you to a credit bureau. Write to us at HC Processing Center, P.O. Box 708670, Sandy, UT 84070. Tell us what information is\nwrong and why you think it is wrong. If you have a copy of the credit report that includes the wrong information, send us a copy.\n18. ASSIGNMENT: We have the right to assign and transfer any amounts you owe us in connection with the Account and any of our rights under this\nAgreement. We assign this Agreement if we sell or pass to a third party any or all our rights or obligations under the Agreement, including any\namount that you owe under the Agreement. Depending on what we may assign, any party to which we assign this Agreement will enjoy all our rights\nunder the Agreement, including the contractual rights to collect amounts you owe on the Account. You cannot assign or transfer this Agreement or\nany of your rights or duties to anyone else.\n19. LOST OR STOLEN; LIABILITY FOR UNAUTHORIZED USE: If you notice the loss or theft of your Card or a possible unauthorized use of your\nCard, you should write to us immediately at HC Processing Center, P.O. Box 708670, Sandy, UT 84070, or call us at 877-486-3442. You will not be\nliable for any unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before your notice to us.\nIn any case, your liability will not exceed $50.\n20. RESPONSIBILITY FOR GOODS OR SERVICES: We are not responsible for goods or services you purchase using your Account except to the\nextent required by applicable law.\n21. REFUNDS FOR GOODS OR SERVICES: Refunds for goods and services are governed by Participant. Any refunds for goods or services\npurchased from a Participant through an extension of credit on your Account will be issued as a credit adjustment to your Account.\n22. CANCELLATION: We may cancel, suspend, or not renew your Account at any time without notice. Specifically, inactivity for 12 months may\nresult in cancellation. If cancelled, you promise to destroy all Cards immediately. We may terminate or modify all or any part of your Card\nprivileges at any time. You have the right to close your Account to future purchases at any time, if you send a written cancellation notice to: HC\nProcessing Center, P.O. Box 708670, Sandy, UT 84070. Even if you close your Account to future purchases, you must pay all outstanding\namounts on the Account and your Account will remain subject to interest and fees as provided in this Agreement until it is paid in full.\n23. INFORMATION SHARING: You authorize us to share information about you as permitted by law. This includes information we get from you and\nothers. It also includes information about your transactions with us. Please see our Privacy Notice for details about our information sharing practices.\n24. GOVERNING LAW: This Agreement and all transactions under it will be governed by the laws of the State of Utah, which are expressly adopted\nto control all Account transactions, without regard to choice-of-law principles.\n25. ARBITRATION: THIS PROVISION WILL NOT APPLY TO YOUR ACCOUNT IF YOU ARE A \xe2\x80\x9cCOVERED BORROWER\xe2\x80\x9d AS DEFINED IN THE\nMILITARY LENDING ACT. All OTHERS, PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL\nAPPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS\nMEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE\nIN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE\nLIMITED.\nA. What claims (including initial claims, counterclaims, cross-claims, and third-party claims) are subject to arbitration:\ni. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account,\nand us, our affiliates, agents and/or dealers/merchants/retailers that accept the card or program sponsors if it relates to your account, except as\nnoted in this section below.\nii. We will not require you to arbitrate: any individual case in small claims court or your state\xe2\x80\x99s equivalent court, as long as it remains an individual\ncase in that court.\n\nPage 5 of 11\n\nForm #350BVSFBE3 valid from 01.31.2019 to 07.31.2019\n\n\x0ciii. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage\nor scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any\ndispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.\nB. NO CLASS ACTIONS: YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION\nAGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS (INCLUDING INITIAL CLAIMS, COUNTERCLAIMS,\nCROSS-CLAIMS AND THIRD-PARTY CLAIMS) AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER\nON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE\nARBITRATION WITH ANY CLAIM YOU HAVE.\nIf a court determines that this paragraph is not fully enforceable, only this sentence will remain in force and the remainder will be null and void, and\nthe court\xe2\x80\x99s determination shall be subject to appeal. This paragraph does not apply to any lawsuit or administrative proceeding filed against us by a\nstate or federal government agency even when such agency is seeking relief on behalf of a class of borrowers, including you. This means that we\nwill not have the right to compel arbitration of any claim brought by such an agency.\nC. How to start an arbitration, and the arbitration process\ni. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in\nthe lawsuit. Otherwise, your notice must be sent to HC Processing Center, P.O. Box 708670, Sandy, UT 84070, ATTN: ARBITRATION DEMAND.\nThe party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (AAA), 1633\nBroadway, 10th Floor, New York, NY 10019, www.adr.org, (800) 778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018,\nwww.jamsadr.com, (800) 352-5267. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator.\nii. If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel\narbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding.\niii. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least 10\nyears of legal experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the Federal Arbitration Act\n(FAA), that would apply in court, but may use different procedural rules. If the administrator\xe2\x80\x99s rules conflict with this Agreement, this Agreement will\ncontrol.\niv. The arbitration will take place by phone or at a reasonably convenient location. We will always pay arbitration costs, as well as your legal fees and\ncosts, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced.\nD. Governing Law for Arbitration\nThis Arbitration section of your Agreement is governed by the FAA. Utah law shall apply to the extent state law is relevant under the FAA. The\narbitrator\xe2\x80\x99s decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the\narbitrator\xe2\x80\x99s award.\nE. Pre-Dispute Resolution Procedure\nBefore you or we bring any dispute or claim, the complaining party shall give the defending party: (i) a claim notice providing at least 30 days\xe2\x80\x99 written\nnotice of the claim and explaining in reasonable detail the nature of the claim and any supporting facts; and (ii) a reasonable, good-faith opportunity\nto resolve the claim on an individual basis without the necessity of any proceeding. If you are the complaining party, you must send any claim notice\nto us at HC Processing Center, Legal Department, P.O. Box 708670, Sandy, UT 84070. If we are the complaining party, we will send the claim\nnotice to you at your address appearing in our records or, if you are represented by an attorney, to your attorney at his or her office address. If the\ncomplaining party and the defending party do not reach an agreement to resolve the claim within 30 days after the claim notice is received, the\ncomplaining party may commence an arbitration subject to the terms of this Arbitration section of your Agreement. No settlement demand or\nsettlement offer may be used in any proceeding as evidence or as an admission of any liability or damages.\nF. Special Payment\nIf: (i) you submit a claim notice in an arbitration on your own behalf (and not on behalf of any other party) and comply with all the requirements of this\nArbitration section of your Agreement; (ii) we refuse to provide you with the money damages you request; and (iii) the arbitrator issues you an award\nthat is greater than the latest money damages you requested at least 10 days before the date the arbitrator was selected, then we will pay you the\namount of the award or $7,500, whichever is greater, in addition to the attorneys\' fees and expenses (including expert witness fees and costs) to\nwhich you are otherwise entitled. We encourage you to include all claims you have in a single claim notice and/or a single arbitration. Accordingly,\nthis $7,500 minimum award is a single award that applies to all claims you have asserted or could have asserted in the arbitration, and multiple\nawards of $7,500 are not contemplated under this Arbitration section of your Agreement.\nG. TO REJECT THIS SECTION:\nYou may reject this Arbitration section of your Agreement. If you do that, only a court may be used to resolve any dispute or claim. To\nreject this section, you must send us a notice within 60 days after you open your account or we first provided you with your right to reject\nthis section. The notice must include your name, address and account number, and must be mailed to HC Processing Center, Legal\nDepartment, P.O. Box 708670, Sandy, UT 84070. This is the only way you can reject this section.\n\nPage 6 of 11\n\nForm #350BVSFBE3 valid from 01.31.2019 to 07.31.2019\n\n\x0c26. NOTICE FOR ACTIVE DUTY MILITARY MEMBERS AND THEIR DEPENDENTS: The following disclosures apply to you if you open your\nAccount on or after October 3, 2017 and, at the time your account is opened, you are a \xe2\x80\x9ccovered borrower\xe2\x80\x9d as defined in the Military Lending Act,\nwhich includes eligible active duty members of the Armed Forces and their dependents:\n1. The provision in the Cardholder Agreement called \xe2\x80\x9cArbitration\xe2\x80\x9d will not apply to your Account\n2. Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In\ngeneral, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an Annual Percentage Rate of 36\npercent. This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for\nancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit\ntransactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account).\n3. You can call 800-548-5545, select option 1, to hear the information in item 2 (above) and a description of the payment obligation for your Account.\n\nYOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR FUTURE USE\nThis notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.\nWhat to Do If You Find a Mistake on Your Statement:\nIf you think there is an error on your statement, write to us at: HC Processing Center, P.O. Box 708970, Sandy, UT 84070.\nIn your letter, give us the following information:\n\xe2\x80\xa2 Account information: Your name and account number.\n\xe2\x80\xa2 Dollar amount: The dollar amount of the suspected error.\n\xe2\x80\xa2 Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.\nYou must contact us:\n\xe2\x80\xa2 Within 60 days after the error appeared on your statement.\n\xe2\x80\xa2 At least three business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must\nnotify 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 have to\npay 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 there has been an error:\n\xe2\x80\xa2 We cannot try to collect the amount in question, or report you as delinquent on that amount.\n\xe2\x80\xa2 The charge in question may remain on your statement, and we may continue to charge you interest on that amount.\n\xe2\x80\xa2 While you do not have to pay the amount in question, you are responsible for the remainder of your balance.\n\xe2\x80\xa2 We can apply any unpaid amount against your credit limit.\nAfter we finish our investigation, one of two things will happen:\n1. If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.\n2. If we do not believe there was a mistake: You must 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,\nwe cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we\nreported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all the rules\nabove, 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\nIf you are dissatisfied with the goods or services that you have purchased with your credit card and you have tried in good faith to correct the\nproblem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all the following must be\ntrue:\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 are 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.\n3. You must not yet have fully paid for the purchase. If all the criteria above are met and you are still dissatisfied with the purchase, contact us in\nwriting at: HC Processing Center, P.O. Box 708970, Sandy, UT 84070. While we investigate, the same rules apply to the disputed amount as\ndiscussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we\nmay report you as delinquent.\n\nPage 7 of 11\n\nForm #350BVSFBE3 valid from 01.31.2019 to 07.31.2019\n\n\x0cDent-A-Med, Inc. Privacy Policy\nJune 2017\nFACTS\nWhy?\n\nWhat?\n\nWHAT DOES DENT-A-MED, INC. d/b/a HC PROCESSING CENTER (\xe2\x80\x9cHC PROCESSING\xe2\x80\x9d) DO WITH\nYOUR PERSONAL INFORMATION?\nFinancial companies choose how they share your personal information. Federal law gives consumers the\nright to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and\nprotect your personal information. Please read this notice carefully to understand what we do.\nThe types of personal information we collect and share depend on the product or service you have\nwith us. This information can include:\n- Social Security Number and income.\n- Account balances and payment.\n- Credit history and credit scores.\nWhen you are no longer our customer, we continue to share your information as described in this\nnotice.\n\nHow?\n\nAll financial companies need to share customers\xe2\x80\x99 personal information to run their everyday business. In\nthe section below, we list the reasons financial companies can share their customers\xe2\x80\x99 personal\ninformation; the reasons HC Processing Center chooses to share; and whether you can limit this sharing.\n\nReasons we can share your personal information\n\nDoes HC Processing share?\n\nCan you limit this sharing?\n\nFor our everyday business purposessuch as to process your transactions, maintain your account(s),\nrespond to court orders and legal investigations, or report to credit\nbureaus.\n\nYes\n\nNo\n\nFor our marketing purposesto offer our products and services to you.\n\nYes\n\nNo\n\nFor joint marketing with other financial companies\n\nNo\n\nWe don\xe2\x80\x99t share\n\nFor our affiliates\xe2\x80\x99 everyday business purposesinformation about your transactions and experiences.\n\nYes\n\nNo\n\nFor our affiliates\xe2\x80\x99 everyday business purposesinformation about your creditworthiness.\n\nYes\n\nYes\n\nFor our affiliates to market to you\n\nYes\n\nYes\n\nFor nonaffiliates to market to you\n\nNo\n\nWe don\xe2\x80\x99t share\n\nTo limit our sharing\n\nCall 1-877-486-3442. Please note: If you are a new customer, we can begin sharing your information\n30 days from the date we sent this notice. When you are no longer our customer, we continue to share\nyour information as described in this notice. However, you can contact us at any time to limit our\nsharing.\n\nQuestions?\n\nCall 1-877-486-3442\n\nPage 8 of 11\n\nForm #350BVSFBE3 valid from 01.31.2019 to 07.31.2019\n\n\x0cPrivacy Policy Continued\nWho we are\nWho is providing this notice?\n\nHC Processing Center.\n\nWhat we do\nHow does HC Processing protect my personal information?\n\nHow does HC Processing collect my personal information?\n\nWhy can\xe2\x80\x99t I limit all sharing?\n\nTo protect your personal information from unauthorized access\nand use, we use security measures that comply with federal law.\nThese measures include computer safeguards and secured files\nand buildings.\nWe collect your personal information, for example, when you:\n-Apply for a loan or open an account.\n-Give us your contact information or pay your bills.\n-Use your credit card.\nWe also collect your personal information from others, such as\ncredit bureaus, affiliates, or other companies.\nFederal law gives you the right to limit only\n-Sharing for affiliates\xe2\x80\x99 everyday business purposes \xe2\x80\x93 information\nabout your creditworthiness.\n-Affiliates from using your information to market to you.\n-Sharing for nonaffiliates to market to you.\nState laws and individual companies may give you additional\nrights to limit sharing. See below for more on your rights under\nstate law.\n\nDefinitions\n\nAffiliates\n\nNonaffiliates\n\nJoint Marketing\n\nCompanies related by common ownership or control. They can\nbe financial and nonfinancial companies.\n-Our affiliates include Aaron\xe2\x80\x99s, Inc. and its subsidiaries, including\nProg Leasing, LLC.\nCompanies not related by common ownership or control. They\ncan be financial and nonfinancial companies.\n-HC Processing does not share with nonaffiliates so they can\nmarket to you.\nA formal agreement between nonaffiliated financial companies\nthat together market financial products or services to you.\n- HC Processing does not jointly market.\n\nOther Important Information\nFor Vermont Residents: We will not share information we collect about you with nonaffiliated third parties, except as permitted by\nVermont law, such as to process your transactions or to maintain your account. In addition, we will not share information about your\ncreditworthiness with our affiliates except with your authorization.\nFor California Residents: We will not share information we collect about you with nonaffiliated third parties, except as permitted by\nCalifornia law, such as to process your transactions or to maintain your account.\nFor All Customers: For our everyday business purposes, we may share your personal information with the merchants and\nproviders where you use your Account and their related companies. You cannot limit this sharing.\n\nPage 9 of 11\n\nForm #350BVSFBE3 valid from 01.31.2019 to 07.31.2019\n\n\x0cFirst Electronic Bank Privacy Policy Rev. June 2013\n\nFACTS\n\nWHAT DOES FIRST ELECTRONIC BANK DO\nWITH YOUR PERSONAL INFORMATION?\n\nWhy?\n\nFinancial companies choose how they share your\npersonal information. Federal law gives\nconsumers the right to limit some but not all\nsharing. Federal law also requires us to tell you\nhow we collect, share, and protect your personal\ninformation. Please read this notice carefully to\nunderstand what we do.\n\nWhat?\n\nThe types of personal information we collect and\nshare depend on the product or service you have\nwith us. The information can include:\n\xe2\x96\xaa Social Security number and income\n\xe2\x96\xaa account balances and payment history\n\xe2\x96\xaa credit history and credit scores\nWhen you are no longer our customer, we\ncontinue to share your information as described\nin this notice.\n\nHow?\n\nAll financial companies need to share customers\'\npersonal information to run their everyday\nbusiness. In the section below, we list the\nreasons financial companies can share their\ncustomers\' personal information; the reasons\nFirst Electronic Bank chooses to share; and\nwhether you can limit this sharing.\nDoes\nFirst\nElectronic\nBank\nshare?\n\nCan you limit this\nsharing?\n\nFor our everyday business purposes - such as to process your\ntransactions, maintain your account(s), respond to orders and legal\ninvestigations, or report to credit bureaus\n\nYes\n\nNo\n\nFor our marketing purposes - to offer our products and services to\nyou\n\nYes\n\nNo\n\nFor joint marketing with other financial companies\n\nNo\n\nWe do not share\n\nFor our affiliates\' everyday business purposes - information\nabout your transactions and experiences\n\nYes\n\nNo\n\nFor our affiliates\' everyday business purposes - information\nabout your creditworthiness\n\nNo\n\nWe do not share\n\nFor our affiliates to market to you\n\nNo\n\nWe do not share\n\nFor nonaffiliates to market to you\n\nNo\n\nWe do not share\n\nReasons we can share your personal information\n\nQuestions?\nPage 10 of 11\n\nCall 1-866-322-8008\nForm #350BVSFBE3 valid from 01.31.2019 to 07.31.2019\n\n\x0cPrivacy Policy Continued\nWho we are\nWho is providing this notice?\n\nFirst Electronic Bank\n\nWhat we do\nHow does First Electronic Bank protect my personal\ninformation?\n\nHow does First Electronic Bank collect my personal\ninformation?\n\nWhy can\'t I limit all sharing?\n\nTo protect your personal information from\nunauthorized access and use, we use\nsecurity measures that comply with federal\nlaw. These measures include computer\nsafeguards and secured files and buildings.\nWe collect your personal information, for\nexample, when you:\n\xe2\x96\xaa apply for a loan or open an account\n\xe2\x96\xaa give us your contact information or pay your\nbills\n\xe2\x96\xaa use your credit card\nWe also collect your personal information\nfrom others, such as credit bureaus, affiliates\nor other companies.\nFederal law gives you the right to limit only\n\xe2\x96\xaa sharing for affiliates\' everyday business\npurposes- information about your\ncreditworthiness\n\xe2\x96\xaa affiliates from using your information to\nmarket to you\n\xe2\x96\xaa sharing for nonaffiliates to market to you\nState laws and individual companies may\ngive you additional rights to limit sharing. See\nbelow for more on your rights under state law.\n\nDefinitions\n\nAffiliates\n\nNonaffiliates\n\nJoint marketing\n\nCompanies related by common ownership or\ncontrol. They can be financial and\nnonfinancial companies.\n\xe2\x96\xaa Our affiliates include nonfinancial\ncompanies such as Fry\'s Electronics, Inc.\nCompanies not related by common\nownership or control. They can be financial\nand nonfinancial companies.\n\xe2\x96\xaa First Electronic Bank does not share with\nnonaffiliates so they can market to you.\nA formal agreement between nonaffiliated\nfinancial companies that together market\nfinancial products or services to you.\n\xe2\x96\xaa First Electronic Bank does not jointly\nmarket.\n\nOther important information\nFor California Customers: We will limit our sharing of personal information about you with our affiliates to comply\nwith all California privacy laws that apply to us.\n\nPage 11 of 11\n\nForm #350BVSFBE3 valid from 01.31.2019 to 07.31.2019\n\n\x0c'


b'Genesis Credit\xc2\xae Account Agreement\nDear Accountholder:\nThis Agreement, as defined below, is your contract for your Account and:\n\xe2\x80\xa2 Covers the terms that govern the use of your Genesis Credit\xc2\xae Account;\n\xe2\x80\xa2 Outlines both your responsibilities and ours;\n\xe2\x80\xa2 Includes certain disclosures required by the Federal Truth in Lending Act;\n\xe2\x80\xa2 Includes certain disclosures required by the Federal Military Lending Act;\n\xe2\x80\xa2 Includes an Arbitration of Disputes Provision that will substantially affect your rights unless you reject it, and;\n\xe2\x80\xa2 Contains important information about your Account.\nWe encourage you to read the Agreement and keep it for your records. Please feel free to call us with any questions you may have. We look forward to serving you.\nThis Agreement begins on the earlier of (1) the date we approve your Application, or (2) the first date that we extend Credit to you on your Account, as evidenced by a signed sales slip\nor other evidence of indebtedness.\nDEFINITIONS\nTo simplify this Agreement for you, the definitions listed below will apply throughout, both\nin this Agreement and in your monthly statements. In addition, the words you, your, and\nyours refer to the Accountholder(s) who hold(s) the Account Number and is responsible\nfor the Account, each of whom is individually and jointly obligated under this Agreement.\nThe words we, us, and our refer to First Electronic Bank.\n\nthe nearest dollar. If the remaining balance of a Purchase plus accrued interest on that\nPurchase is less than the fixed monthly payment amount, we will reduce the fixed\nmonthly payment amount for that Purchase accordingly. We will continue to include the\nfixed monthly payment amount for a Purchase in the monthly minimum payment due until\nthe Purchase plus accrued interest on that Purchase is paid in full.\n\nAccount: Genesis Credit\xc2\xae Account for which you were issued an Account Number and\nthat is subject to all of the terms and conditions of this Agreement.\n\nIf you make a payment in excess of the monthly minimum payment due for any month, it\nwill not reduce the fixed monthly payment amount applicable to any Purchase that is\nused to calculate your monthly minimum payment due in subsequent months, but it may\nresult in your paying off a Purchase more quickly.\n\nAccount Number: The Account Number we issue that you may use to make Purchases\nfrom Retailer. Use of your Account Number to obtain Credit will be considered a use of\nthe Account.\n\nYour monthly minimum payment due also will include the greater of (i) any past due\namount, or (ii) any amount by which the New Balance exceeded your Credit Limit. Your\nmonthly minimum payment due will never exceed your New Balance.\n\nAccountholder: The person to whom an Account Number is issued, or who has agreed to\npay obligations arising from an Account Number issued to another person.\n\nPayments should be mailed with the payment coupon and in the envelope provided and\nfollowing the other instructions on the monthly statement to Bankcard Services, P.O. Box\n84049, Columbus, Georgia 31908. Any payment we receive in that form and at that\naddress on or before 5:00 P.M. Eastern Time on a normal banking day will be credited to\nyour Account that day. If we receive your payment in that form and at that address after\n5:00 P.M. Eastern Time on a normal banking day, or any time on a non-banking day, we\nwill credit it to your Account the next banking day. Please allow at least seven (7)\nbusiness days for postal delivery. Payments we receive at any other location or in any\nother form may not be credited as of the day we receive them. If we accept a payment at\nsome other place, we may delay the crediting of the payment for up to five (5) days. This\nmay cause you to incur Late Payment Fees and additional interest charges, and may\nresult in your Account being declared in default.\n\nAgreement: Your contract with us for your Account, which is composed of your\nApplication, and the Account opening disclosures and this Account Agreement. Any\nsales slip or other evidence of indebtedness on your Account is incorporated into and\nmade part of this Agreement.\nApplication: The form with information that you submitted to apply for your Account,\nincluding your signature (in any form \xe2\x80\x93 wet signed, electronic, or digital), and any\nacceptance certificate or other request that you signed or otherwise submitted to obtain\nthis Account.\nBilling Cycle: The time interval covered by a monthly statement. Each Billing Cycle is\napproximately 30 days in length.\nCard: Any branded Card we issue that you may use to purchase goods or services from\nRetailer. Use of your Card to obtain Credit will be considered use of the Account.\nClosing Date: The date of the last day of a Billing Cycle.\nCovered Borrower: Certain members of the Armed Forces and their dependents who\nare protected by the Military Lending Act.\n\nWhen you provide a check as payment, you authorize us either to use information from\nyour check to make a one-time electronic fund transfer from your account or to process\nthe payment as a check transaction. When we use information from your check to make\nan electronic fund transfer, funds may be withdrawn from your account as soon as the\nsame day we receive your payment and you will not receive your check back from your\nfinancial institution.\n\nCredit Limit: The maximum amount of Credit available to you on your Account. Your\nAccount Credit Limit will be disclosed to you on the monthly statements.\n\nAt any time, you may pay part or all you owe on your Account without incurring any\nadditional charge for prepayment. The amount of any payment that exceeds your total\nNew Balance will be applied as a credit to your Account, and any remaining credit\nbalance will be refunded as required by law.\n\nNew Balance: The total outstanding Account balance on the Closing Date specified in\nyour monthly statement.\n\nCredit availability may be delayed at our sole discretion to ensure payment in good funds,\nand your total Credit Limit may not reflect your payments for up to 14 days.\n\nPrevious Balance: The balance of your Account at the beginning of a Billing Cycle. This\nwill be the same as the \xe2\x80\x9cNew Balance\xe2\x80\x9d shown on the previous monthly statement.\n\nApplication of Payments. For each Billing Cycle, we will allocate payment amounts up\nto your monthly minimum payment to charges and principal due (including new\ntransactions) in any way we determine. We will generally apply payment amounts up to\nyour monthly minimum payment in a manner most favorable or convenient for us.\n\nCredit: The credit extension you receive under this Agreement.\n\nPurchase: An extension of Credit to your Account for the purpose of purchasing goods or\nservices from Retailer.\nPurchase Balance: The total outstanding balance of Purchases and interest charges,\nexcluding amounts included in the Regular Balance.\nRegular Balance: The total outstanding balance of all amounts other than Purchases\nand interest charges on Purchases. In the event you do not pay a Purchase balance in\nfull before the end of a deferred interest period, the interest accrued during the deferred\ninterest period will be added to your Regular Balance. Any subsequent interest charges\naccrued on such amounts will also be added to the Regular Balance.\nRetailer: Participating Mattress Firm locations located in the U.S.\nUSING YOUR ACCOUNT\nPurchases. You may use your Account to purchase goods and services from Retailer.\nYou promise to pay us and are liable for all amounts resulting from the authorized use of\nyour Account Number or Account, plus any applicable interest charges and other\napplicable charges or fees, payable in U.S. dollars.\nYour Credit Limit. You may not use your Account in any way that would cause you to\ngo over your Credit Limit. We may refuse to authorize or accept any transaction on your\nAccount if (1) that transaction would cause you to exceed your Credit Limit or (2) your\nAccount is delinquent. We may temporarily agree to allow you to exceed your Credit\nLimit. If we do so, in that case, you must repay the excess amount according to the terms\nof this Agreement. Any transactions honored in excess of your Credit Limit will not result\nin an increase of your Credit Limit.\nMAKING PAYMENTS\nMonthly Statements. We will send a statement at the end of each monthly Billing Cycle\nif there is a debit or credit balance on your Account of $1 or more, a balance on which an\ninterest charge has been imposed or as otherwise required by applicable law. You agree\nto pay us, or any party to whom we may transfer and assign your Account or the amounts\nowing under your Account, in U.S. dollars according to all terms and conditions of this\nAgreement. Payments made by a check, money order or other negotiable instrument\nmust be in a form acceptable to us and drawn on a U.S. financial institution.\nMonthly Minimum Payment. Your monthly minimum payment due will be the greater\nof:\n1.\n$15; or\n2.\nThe sum of:\na.\nEach fixed monthly payment amount applicable to each of your\nPurchases (described below), plus\nb.\n5% of your Regular Balance.\n\nFor each Billing Cycle, to the extent your payments exceed your monthly minimum\npayment, we will apply these excess amounts in the order required by applicable law.\nDuring the last two Billing Cycles of a deferred interest period, if you have an outstanding\ndeferred interest balance, we will apply these excess amounts to the deferred interest\npromotion balance.\nDEFERRED INTEREST\nEach Purchase on your Account is subject to up to 6 months of deferred interest,\nbeginning on the date of the Purchase (the \xe2\x80\x9cdeferred interest period\xe2\x80\x9d). Interest will be\ncharged to your Account from the date of the Purchase if the Purchase balance is not\npaid in full within the deferred interest period or if you make a late payment.\nEach Purchase transaction accrues interest from the Date of the Purchase, but we will\nnot charge that interest to your Account if you pay that Purchase balance in full before\nthe end of the deferred interest period and you make monthly minimum payments as\nrequired. The deferred interest period will end when one or more of the following events\noccur:\n\xe2\x80\xa2 6 months from the Purchase date;\n\xe2\x80\xa2 Your Account becomes more than 180 days past due;\n\xe2\x80\xa2 Your Account is charged off for any reason.\nInterest on each Purchase transaction will accrue during the deferred interest period at\n34.9% APR.\nYou must make monthly minimum payments during the deferred interest period. The\nmonthly statement we send you will include these monthly minimum payment amounts\nand will help you keep track of your Purchase balance(s) and their deferred interest\nperiod(s). Paying only the monthly minimum payment may not pay off the Purchase\nbalance within the deferred interest period. You may have to make additional or\nincreased payments during the deferred interest period to avoid having to pay all accrued\ndeferred interest.\nAfter the deferred interest period, interest will be charged at 34.9% APR.\nHOW INTEREST CHARGES ARE DETERMINED\nYour Interest Rate. We use a daily periodic rate to calculate the interest on your\naccount. The daily periodic rate is the applicable APR multiplied by 1/365. The daily\nperiodic rate for your account is 0.0956% and the applicable APR is 34.9%.\nWhen We Charge Interest. We charge interest on your Purchases from the date you\nmake the purchase until you pay the purchase in full.\n\nEach Purchase will have a fixed monthly payment amount which we calculate when the\nPurchase is posted to your Account. We determine the fixed monthly payment amount for\na Purchase by multiplying the Purchase amount by 5%, and then rounding the result to\nPage 1 of 3\n0000000000238059 000075 0002 0005 0 1 0 0 0\n\nFEB 1677 V2\n2oz - #10 - 75 - 224\n\n\x0cHow We Calculate Interest. We calculate interest separately for each balance segment\non your Account. We do this by applying the daily periodic rate to your average daily\nbalance (including new Purchases), and then multiplying the resulting number by the\nnumber of days in the Billing Cycle for each balance segment. An average daily balance\nis calculated for the following balance segments as applicable: Purchase Balance\nsegments and the Regular Balance segment.\nWe calculate interest for each balance segment as follows:\n1. For each day, we take the beginning balance of each balance segment in\nthe billing cycle, including any unpaid interest charges, add any new\npurchases and debits, and then subtract the applicable portion of any\npayments and credits. This gives us the daily balance. Late Payment Fees,\nReturned Payment Fees, and Documentation Fees are not included in the\ndaily balance.\n2. Then, we add all the daily balances for the billing cycle together and divide\nthe total by the number of days in the billing cycle. This gives us the average\ndaily balance.\n3. Next, we multiply the daily periodic rate by the average daily balance.\n4. Finally, we take the resulting number from #3 and multiply it by the number\nof days in the billing cycle. This gives us the interest charge for each balance\nsegment for the billing cycle.\nOTHER FEES\nIn addition to interest charges, other fees may be applied to your Account, as set forth\nbelow. The amounts of these fees may change from time to time during the term of your\nAccount.\nLate Payment Fee\nIf we do not receive your monthly minimum payment due by the Closing Date of the\nBilling Cycle in which the Payment Due Date occurs and the amount past due on your\nAccount is more than $9.99, we will apply a Late Payment Fee to your Account. The\nLate Payment Fee is $27 if we did not charge a Late Payment Fee during any of the prior\nsix billing periods. Otherwise, the Late Payment Fee is $38. The Late Payment Fee will\nnever exceed the amount of your most recently required monthly minimum payment.\nReturned Payment Fee\nIf any payment on your Account is returned to us unpaid for any reason, we will apply a\nReturned Payment Fee to your Account. The Returned Payment Fee is $27 if we did not\ncharge a Returned Payment Fee during any of the prior six billing periods. Otherwise,\nthe Returned Payment Fee is $38. The Returned Payment Fee will never exceed the\nmonthly minimum payment.\nDocumentation Fee\nYou may request a copy of a monthly statement previously sent to you for a\nDocumentation Fee of $3 per statement, which fee we will charge to your Account.\nCopies of sales tickets or other items posted to your Account may be obtained for a\nDocumentation Fee of $10 per sales ticket or other item, which will be applied to your\nAccount. Notwithstanding the foregoing, we will not impose any fee in connection with a\ngood faith assertion of a billing error or other exercise of your Billing Rights (see below\nunder \xe2\x80\x9cYour Billing Rights - Keep This Notice for Future Use\xe2\x80\x9d).\nMILITARY LENDING ACT\nThe Military Lending Act provides protections for Covered Borrowers. The provisions of\nthis section apply to Covered Borrowers. If you would like more information about\nwhether you are a Covered Borrower, you may contact us at 1-866-502-6439.\nStatement of MAPR. Federal law provides important protections to members of the\nArmed Forces and their dependents relating to extensions of consumer credit. In general,\nthe cost of consumer credit to a member of the Armed Forces and his or her dependent\nmay not exceed an Annual Percentage Rate of 36%. This rate must include, as\napplicable to the credit transaction or account: (1) the costs associated with credit\ninsurance premiums; (2) fees for ancillary products sold in connection with the credit\ntransaction; (3) any application fee charged (other than certain application fees for\nspecified credit transactions or accounts); and (4) any participation fee charged (other\nthan certain participation fees for a credit card account).\nOral Disclosures. In order to hear important disclosures and payment information about\nthis Agreement, you may call 1-866-875-5929.\nApplicability of Arbitration of Disputes Provision\nThe Arbitration of Disputes Provision set forth in this Agreement does not apply to\nCovered Borrowers.\nLOST ACCOUNT NUMBER AND UNAUTHORIZED USE\nIf your Account Number is lost or stolen or used without your consent, you may be liable\nfor the unauthorized use of your Account, but you will not be liable for unauthorized use\nthat occurs after you notify us orally or in writing of the loss, theft or possible unauthorized\nuse at: Bankcard Services, P.O. Box 4477, Beaverton, OR 97076, 1-888-260-4532. In\nany case, your liability will not exceed $50.\nOUR RIGHTS, AND HOW THEY AFFECT YOU\nTelephone Monitoring and Recording\nYou consent and agree that, from time to time, except as restricted by applicable law, we\nmay monitor or record telephone calls regarding your Account, suppress caller\nidentification services and use an automated dialing and announcing system or\npre-recorded messages for account management purposes, including calls made for\naccount collection purposes. If you provide us with a cellular phone number either as part\nof your Application, or at any time thereafter, including, without limitation, after your\nAccount is in a default status, you are expressly consenting that we, our agents and\nsuccessors in interest, subject to any limitations of applicable law, may (1) contact you at\nthat number including by text message, and (2) use automated telephone dialing\nsystems to initiate such contacts and/or leave recorded messages. For Text Messages:\nMessage and data rates may apply.\nIn accordance with applicable law, we or our representatives may contact you from time\nto time regarding your Account, or to ask for additional information about you or your\nexperience with us. You agree that such contacts are not unsolicited and may include\ncontacts at your home or place of employment, during weekdays, weekends or holidays,\non your mobile telephone, voicemail or answering machine, or by email, fax, recorded\nmessage, text message or personal visit.\nEmail\nIf you provide us at any time with an email contact for your Account, you agree we may\nuse that email address to contact you about your Account and may send you information\nabout products and services related to your Account. If, at any time, you would like to\n\nlimit the types of communications you receive from us by email, please contact us at\nBankcard Services, P.O. Box 4477, Beaverton, OR 97076, 1-866-946-9575, or, if you\nreceive an email from us, you can select the \xe2\x80\x9cunsubscribe\xe2\x80\x9d link that is located in every\nemail.\nRefunds\nIf Retailer agrees to give a refund, you will accept a credit on your Account instead of a\ncash refund.\nNo Waiver of Rights; Disputed Amounts\nWe can accept late or partial payments without losing any of our rights under this\nAgreement. You agree not to send us partial payments marked \xe2\x80\x9cpaid in full,\xe2\x80\x9d\n\xe2\x80\x9cwithout recourse,\xe2\x80\x9d or similar restrictive language. If you send such a payment, we\nmay accept it without losing any of our rights under this Agreement. All written\ncommunications concerning disputed amounts, including any check or other\npayment instrument that indicated that the payment constitutes \xe2\x80\x9cpayment in full\xe2\x80\x9d\nof the amount owed or that is tendered with other conditions or limitations or as\nfull satisfaction of a disputed amount, must be mailed or delivered to Bankcard\nServices, P.O. Box 4499, Beaverton, OR 97076.\nCredit Reports and Information\nYou authorize us to make or have made any credit, employment, or other investigative\ninquiries we deem appropriate to extend you credit or collect amounts owed to us on\nyour Account. We (including any assignee of the Account or amounts owing under the\nAccount) may also obtain information about you from credit reporting agencies or others\nat any time and use it for the purposes of monitoring your credit performance, managing\nyour Account and considering you for new offers and programs.\nNotice of Inaccurate Information\nIf you believe that we have information about you that is inaccurate or that we have\nreported or may report to a credit reporting agency information about you that is\ninaccurate, please notify us of the specific information that you believe is inaccurate by\nwriting to us at Bankcard Services, P.O. Box 4499, Beaverton, OR 97076.\nDefault and Collection. Unless prohibited by applicable law, your Account is\nconsidered to be in default if (1) you fail to make the required monthly minimum payment\ndue on or before its payment due date, including if your payment is returned or cannot be\nprocessed and you do not correct that failure within 31 days, (2) you try to exceed or do\nexceed your Credit Limit without permission and do not bring your Account back under\nyour Credit Limit within 31 days, (3) you become subject to bankruptcy or insolvency\nproceedings, (4) you become subject to attachment or garnishment proceedings, (5) you\ngive us any false information or signature, (6) you die, or (7) you fail to comply with any\nportion of this Agreement. Our accepting a late or partial payment does not waive default.\nDefault on this Account will constitute default on all accounts you hold with us.\nSubject to any notice of default and right to cure or other restrictions of applicable law, if\nyou are in default, we may declare the entire balance due immediately. Except as\nprovided in the Arbitration Provision below, you agree to pay our reasonable costs and\nattorneys\xe2\x80\x99 fees and expenses related to the collection of your Account to the extent\npermitted by applicable laws.\nChange of Terms\nSubject to the limitations of applicable law, we may, at any time, change or remove\nany of the terms and conditions of, or add new terms or conditions to, this\nAgreement. If required by applicable law, we will mail written notice of such a\nchange to you in the manner required by such law. As of the effective date, the\nchanged or new terms will apply to new Purchases and to the outstanding balance\nof your Account, subject to the limitations of applicable law.\nDelay in Enforcement\nWe can delay enforcing our rights under this Agreement without losing them.\nOTHER PROVISIONS\nOwnership and Use of Your Account\nAs the Accountholder(s), you are liable for all Credit obtained under your Account. If you\nauthorize another person to use your Account Number, you are liable for any Credit\nobtained on your Account for as long as that person holds or uses the Account Number.\nMisuse of your Account by an authorized person will not be considered unauthorized\nuse. See \xe2\x80\x9cLost Account Number and Unauthorized Use\xe2\x80\x9d above.\nTransactions\nYou will retain for statement verification purposes your copy of each Purchase\ntransaction receipt from Retailer.\nRefunds for Goods and Services\nRefunds for goods and services are governed by Retailer. Any refunds for goods or\nservices purchased from Retailer through an extension of Credit on your Account will be\nissued as a credit adjustment to your Account. When we are notified by Retailer of any\nrefund amount, we will subtract an amount equal to the refund amount from your\nAccount. However, the fixed minimum payment amount attributable to the related\nPurchase transaction amount will continue to be included in your monthly minimum\npayment. If a refund amount results in a credit balance on your Account, we will refund\nyour credit balance.\nTransfer and Termination of Your Account\nYou may not transfer your Account to any other person. We may assign your Account or\namounts you owe on your Account to any other person at any time and the assignee will\ntake our place under the Agreement with respect to all agreements and interests\ntransferred. You must pay the assignee and otherwise perform your obligations under the\nassigned agreements and interests. Either you or we may terminate or suspend your\nCredit privileges at any time, with or without cause and with or without advance notice,\nbut you will remain liable for all charges until they are paid in full. You may cancel your\nAccount at any time by writing to us at Bankcard Services, P.O. Box 4477, Beaverton,\nOR 97076. If you have a joint Account and want to remove one of the names from the\nAccount, we must receive a written request signed by both of the Accountholders on the\nAccount. No party is released from the obligation for the balance owing on a joint\nAccount, unless we agree to the arrangements in writing. You may have to re-apply for\nan individual Account when you request a change from a joint Account to an individual\nAccount.\nAdditional Benefits and Services\nFrom time to time, we may offer you benefits and services with your Account. We or\nanother party may provide these benefits and services. Unless expressly made a part of\nthis Agreement, and except as provided in the Arbitration Provision below, any such\nbenefits and services are not a part of this Agreement, and are subject only to the terms\n\nPage 2 of 3\n0000000000238059 000075 0003 0005 0 1 0 0 0\n\nFEB 1677 V2\n2oz - #10 - 75 - 224\n\n\x0cand conditions outlined in the benefits or services brochure and other official documents\nprovided to you with respect to the benefits and services. We may adjust, add, or delete\nbenefits or services at any time in accordance with the brochures or documents you\nreceive. Except as required by applicable law, we are not liable for benefits or services\nthat other parties provide or for their actions or omissions.\nHonoring Your Account\nWe are not liable for the failure or refusal of Retailer to accept your Account Number.\nAlthough you may have Credit available, we will not be liable for the failure to authorize\nCredit due to operational difficulties or mistakes. Transactions made above a certain\ndollar amount may require that we authorize the transaction before the transaction is\napproved. In addition, we may limit the number and amount of daily transactions\napproved for security reasons.\nChange of Address, Employment and Telephone\n\nin a court proceeding will apply in the arbitration.\nIf any provision of this Section regarding arbitration of disputes shall be deemed to be\nunenforceable, the remainder of this Section shall be given full force and effect. However,\nif the provision precluding class, representative or private attorney general Claims in\narbitration is deemed unenforceable, then this entire Arbitration Agreement shall be void\nand of no force and effect.\nYou may reject this provision, in which case only a court may be used to resolve any\ndispute or claim. Rejection will not affect any other aspect of the Agreement. To reject\nthis Provision, you must send us a notice within 60 days after you open your Account or\nwe first provide you with a right to reject this Provision. This notice must include your\nname, address and Account number and be mailed to Bankcard Services, Attn:\nArbitration Provision, P.O. Box 4477, Beaverton, Oregon 97076. This is the only way you\ncan reject this Provision.\n\nWe will send all written notices and statements to your address as it appears on our\nrecords. To avoid delays and missed payments that could affect your credit standing, you\nagree to promptly advise us if you change your mailing address, place of employment, or\ntelephone number.\n\nYOUR BILLING RIGHTS \xe2\x80\x93 KEEP THIS NOTICE FOR FUTURE USE\n\nSeverability\n\nIf you think there is an error on your statement, please write to us at: Bankcard Services,\nP.O. Box 4499, Beaverton, OR 97076.\n\nIn the event that any provision of this Agreement is determined to be invalid or\nunenforceable for any reason, the remaining provisions will remain in effect.\nEntire Agreement; Interpretation\nThis Agreement (including the other documents incorporated herein by reference as\ndiscussed above) constitutes the final expression of the credit agreement between you\nand us relating to your Account. The headings used in this Agreement are for the\nconvenience of reference only and are not intended to define or describe the scope or\nintent of any portion of the Agreement.\nGoverning Law. Except as expressly set forth in the Arbitration of Disputes Provision in\nthe Agreement, this Agreement and the interpretation and enforcement thereof (including\nbut not limited to the exportation of interest rates) will be governed by Federal law that\napplies to us and, to the extent not preempted by Federal law, the laws of the State of\nUtah, without regard to its conflicts of law provisions and principles. If there is any conflict\nbetween any of the terms and conditions of the Agreement and applicable Federal or\nState law, this Agreement will be considered changed to the extent necessary to comply\nwith the applicable law.\nArbitration of Disputes Provision. PLEASE READ THIS ARBITRATION OF\nDISPUTES PROVISION CAREFULLY. UNLESS YOU SEND US THE REJECTION\nNOTICE DESCRIBED BELOW, THIS PROVISION WILL APPLY TO YOUR ACCOUNT,\nAND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL\nARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL\nRESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A\nCLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE\nAVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. THIS ARBITRATION OF\nDISPUTES PROVISION DOES NOT APPLY TO YOU IF, AS OF THE DATE OF THIS\nAGREEMENT, YOU ARE A MEMBER OF THE ARMED FORCES OR A DEPENDENT\nOF SUCH MEMBER ENTITLED TO PROTECTION UNDER THE FEDERAL MILITARY\nLENDING ACT. PLEASE SEE THE SECTION OF THIS AGREEMENT LABELED\n\xe2\x80\x9cMILITARY LENDING ACT.\xe2\x80\x9d IF YOU WOULD LIKE MORE INFORMATION ABOUT\nWHETHER YOU ARE ENTITLED TO PROTECTION UNDER THE FEDERAL MILITARY\nLENDING ACT, YOU MAY CONTACT US AT 1-866-502-6439.\nThis provision replaces any existing arbitration provision with us and will stay in force no\nmatter what happens to your Account, including the closing of your Account. Except as\nexpressly provided below, you and we must arbitrate individually, by binding arbitration\nunder the Federal Arbitration Act (\xe2\x80\x9cFAA\xe2\x80\x9d), any dispute or claim between you, any joint\nAccountholder and/or Authorized User, on the one hand, and us, our affiliates and\nagents, on the other hand, if the dispute or claim arises out of or is related to (a) this\nAgreement (including without limitation, any dispute over the validity of this Agreement to\narbitrate disputes or of this entire Agreement), or (b) your Account, or (c) any relationship\nresulting from this Agreement, or (d) any insurance or other service related to your\nAccount, or (e) any other agreement related to your Account (including prior agreements)\nor any such service, or (f) breach of this Agreement or any other such agreement,\nwhether based on statute, contract, tort or any other legal theory (any \xe2\x80\x9cClaim\xe2\x80\x9d). However,\nwe will not require you to arbitrate any individual Claims in small claims court or your\nstate\xe2\x80\x99s equivalent court, so long as it remains an individual case in that court.\nYOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE\nATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO,\nYOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY\nACCOUNTHOLDER WHO IS NOT A JOINT ACCOUNTHOLDER WITH YOU OR AN\nAUTHORIZED USER ON YOUR ACCOUNT (AN \xe2\x80\x9cUNRELATED ACCOUNTHOLDER\xe2\x80\x9d),\nAND YOU AGREE THAT NO UNRELATED ACCOUNTHOLDER MAY BRING ANY\nCLAIMS AGAINST US ON YOUR BEHALF. CLAIMS BY YOU AND AN UNRELATED\nACCOUNTHOLDER MAY NOT BE JOINED IN A SINGLE ARBITRATION. THE\nARBITRATOR WILL NOT HAVE THE POWER TO CONSIDER SUCH CLASS,\nREPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTIONS OR ANY SUCH\nCLAIMS YOU BRING ON BEHALF OF AN UNRELATED ACCOUNTHOLDER.\nJudgment on the arbitration award may be entered in any court having jurisdiction. Any\ndispute regarding whether a particular controversy is subject to arbitration, or the\napplicability or enforceability of the foregoing paragraph, will be decided by a court and\nnot by an arbitrator.\nIf you or we elect to arbitrate a claim, the electing party must notify the other party in\nwriting. The notice can be given after the beginning of a lawsuit and can be given in\npapers filed in the lawsuit. Otherwise, your notice must be sent to Bankcard Services,\nAttn: Arbitration Demand, P.O. Box 4477, Beaverton, Oregon 97076, and our notice must\nbe sent to the most recent address for you in our files. The arbitration will be\nadministered by the American Arbitration Association (the \xe2\x80\x9cAAA\xe2\x80\x9d) under its rules in effect\nat the time an arbitration is commenced that are applicable to the resolution of consumer\ndisputes (the \xe2\x80\x9cArbitration Rules\xe2\x80\x9d). We will tell you how to contact the AAA and how to get\na copy of the Arbitration Rules without cost if you ask us in writing to do so. The\nArbitration Rules permit you to request deferral or reduction of the administrative fees of\narbitration if paying them would cause you a hardship. In addition, if you ask us in writing,\nwe will consider your request to pay any or all of your costs of arbitration.\n\nThis notice tells you about your rights and our responsibilities under the Fair Credit Billing\nAct.\nWhat To Do If You Find A Mistake On Your Statement\n\nIn your letter, give us the following information:\n\xe2\x80\xa2 Account information: Your name and Account Number.\n\xe2\x80\xa2 Dollar amount: The dollar amount of the suspected error.\n\xe2\x80\xa2 Description of problem: If you think there is an error on your bill, describe\nwhat you believe is wrong and why you believe it is a mistake.\nYou must contact us:\n\xe2\x80\xa2 Within 60 days after the error appeared on your statement.\n\xe2\x80\xa2 At least three (3) business days before an automated payment is scheduled,\nif 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\nnot required to investigate any potential errors, and you may have to pay the amount in\nquestion.\nWhat Will Happen After We Receive Your Letter\nWhen we receive your letter, we must do two things:\n1. Within 30 days of receiving your letter, we must tell you that we received\nyour 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\nexplain to you why we believe the bill is correct.\nWhile we investigate whether or not there has been an error:\n\xe2\x80\xa2 We cannot try to collect the amount in question, or report you as delinquent\non that amount.\n\xe2\x80\xa2 The charge in question may remain on your statement, and we may continue\nto charge you interest on that amount.\n\xe2\x80\xa2 While you do not have to pay the amount in question, you are responsible for\nthe remainder of your balance.\n\xe2\x80\xa2 We can apply any unpaid amount against your credit line.\nAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2 If we made a mistake: You will not have to pay the amount in question or any\ninterest or other fees related to that amount.\n\xe2\x80\xa2 If we do not believe there was a mistake: You will have to pay the amount in\nquestion, along with applicable interest and fees. We will then send you a\nstatement of the amount you owe and the date payment is due. We may\nthen report you as delinquent if you do not pay the amount we think you\nowe.\nIf you receive our explanation but still believe your bill is wrong, you must write to us\nwithin 10 days telling us that you still refuse to pay. If you do so, we cannot report you as\ndelinquent without also reporting that you are questioning your bill. We must tell you the\nname of anyone to whom we reported you as delinquent, and we must let those\norganizations 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\namount you question, even if your bill is correct.\nYour Rights If You Are Dissatisfied With Your Account Purchases\nIf you are dissatisfied with the goods or services that you have purchased with your\nAccount, and you have tried in good faith to correct the problem with the merchant, you\nmay have the right not to pay the remaining amount due on the purchase.\nTo use this right, all of the following must be true:\n1. The Purchase must have been made in your home state or within 100 miles\nof your current mailing address, and the Purchase price must have been\nmore than $50. (Note: Neither of these are necessary if your Purchase was\nbased on an advertisement we mailed to you, or if we own the company that\nsold you the goods or services.)\n2. You must have used your Account for the Purchase. Purchases made with\ncash advances from an ATM or with a check that accesses your Account do\nnot 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\nus in writing at: Bankcard Services, P.O. Box 4499, Beaverton, OR 97076.\nWhile we investigate, the same rules apply to the disputed amount as discussed above.\nAfter we finish our investigation, we will tell you our decision. At that point, if we think you\nowe an amount and you do not pay, we may report you as delinquent.\nYour Genesis Credit\xc2\xae Account is issued by:\nFirst Electronic Bank\n2150 South 1300 East #400\nSalt Lake City, Utah 84106\n\nEach arbitrator shall be a licensed attorney who has been engaged in the private practice\nof law continuously during the ten years immediately preceding the arbitration or a retired\njudge of a court of general or appellate jurisdiction. The arbitration award shall award\nonly such relief as a court of competent jurisdiction could properly award under\napplicable law, including attorneys\xe2\x80\x99 fees if allowed by applicable law or agreement. All\nstatutes of limitation, defenses, and attorney-client and other privileges that would apply\nPage 3 of 3\n0000000000238059 000075 0004 0005 0 1 0 0 0\n\nFEB 1677 V2\n2oz - #10 - 75 - 225\n\n\x0c'