b'Credit Card Disclosure to be Retained by Customer\n\nPlatinum MasterCard\xc2\xae \xe2\x80\x93 Variable Rate\nInterest Rates and Interest Charges\n\nAnnual Percentage Rate\n(APR) for Purchases\n\nAPR for Balance\nTransfers\n\n7.49% to 13.49% based on your creditworthiness.\nThis APR will vary with the market based on the Prime Rate.\n0.00% introductory APR for six months, for qualifying balance transfers of $250 or more, completed\nwithin 1 month from the account opening date.\nAfter that, your APR will be 7.49% to 13.49% based on your creditworthiness. This APR\nwill vary with the market based on the Prime Rate.\n\nAPR for Cash Advances\n\n11.74% to 17.74% when you open your account, based on your creditworthiness.\nThis APR will vary with the market based on the Prime Rate.\n\nHow to Avoid Paying\nInterest on Purchases\nand Balance Transfers\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 and balance transfers if you pay your entire balance by the due date each\nmonth.\n\nMinimum Interest\nCharge\n\nIf you are charged interest on purchases, the charge will be no less than $1.00.\n\nFor Credit Card Tips\nfrom the Consumer\nFinancial Protection\nBureau\n\nTo learn more about factors to consider when applying for or using a credit card, visit\nthe website of the Consumer Financial Protection Bureau at\nhttp://www.consumerfinance.gov/learnmore\n\nFees\nTransaction Fees\n\xef\x81\xac Balance Transfer\n\n3% of the amount of each transfer\n\n\xef\x81\xac Cash Advance\n\nEither $15 or 5% of the amount of each cash advance, whichever is greater (maximum fee: $50)\n\n\xef\x81\xac Cash Equivalent\nPurchases\n\nEither $15 or 5% of the amount of each purchase of a cash equivalent, whichever is\ngreater (maximum fee: $50)\n\n\xef\x81\xac Foreign Transaction\n\n3% of each transaction in U.S. dollars.\n\nPenalty Fees\n\xef\x81\xac Late Payment\n\nUp to $25\n\n\xef\x81\xac Returned Payment\n\nUp to $25\n\nHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9caverage daily balance (including new purchases).\xe2\x80\x9d\nThe information about the costs of the card described in this application is accurate as of December 17, 2015. This information\nmay have changed after that date. To find out what may have changed, call us at 800-416-3748.\nBilling Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in the account\nagreement.\n\n\x0cCredit Card Disclosure to be Retained by Customer\n\nStandard MasterCard\xc2\xae Classic \xe2\x80\x93 Variable Rate (including Secured)\nInterest Rates and Interest Charges\n\nAnnual Percentage Rate\n(APR) for Purchases\n\n11.99% to 17.99% based on your creditworthiness.\n\nAPR for Balance\nTransfers\n\n0.00% introductory APR for six months, for qualifying balance transfers of $250 or more,\ncompleted within 1 month from the account opening date.\nAfter that, your APR will be 11.99% to 17.99% based on your creditworthiness. This APR\nwill vary with the market based on the Prime Rate.\n\nAPR for Cash Advances\n\n16.24% to 22.24% when you open your account, based on your creditworthiness.\nThis APR will vary with the market based on the Prime Rate.\n\nHow to Avoid Paying\nInterest on Purchases\nand Balance Transfers\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 and balance transfers if you pay your entire balance by the due date each\nmonth.\n\nMinimum Interest\nCharge\n\nIf you are charged interest on purchases, the charge will be no less than $1.00.\n\nFor Credit Card Tips\nfrom the Consumer\nFinancial Protection\nBureau\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\nhttp://www.consumerfinance.gov/learnmore\n\nThis APR will vary with the market based on the Prime Rate.\n\nFees\nTransaction Fees\n\xe2\x97\x8f Balance Transfer\n\n3% of the amount of each transfer\n\n\xe2\x97\x8f Cash Advance\n\nEither $15 or 5% of the amount of each cash advance, whichever is greater (maximum fee: $50)\n\n\xe2\x97\x8f Cash Equivalent\nPurchases\n\nEither $15 or 5% of the amount of each purchase of a cash equivalent, whichever is greater\n(maximum fee: $50)\n\n\xe2\x97\x8f Foreign Transaction\n\n3% of each transaction in U.S. dollars.\n\nPenalty Fees\n\xe2\x97\x8f Late Payment\n\nUp to $25\n\n\xe2\x97\x8f Returned Payment\n\nUp to $25\n\nHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9caverage daily balance (including new purchases).\xe2\x80\x9d\nThe information about the costs of the card described in this application is accurate as of December 17, 2015. This information may\nhave changed after that date. To find out what may have changed, call us at 800-416-3748.\nBilling Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in the account\nagreement.\n\n\x0cFirstMerit Bank, now part of The Huntington National Bank, Consumer Credit Card Agreement\nThis Consumer Credit Card Agreement describes terms and conditions of your consumer credit card account with FirstMerit Bank, (the \xe2\x80\x9cAccount\xe2\x80\x9d). The words \xe2\x80\x9cwe,\xe2\x80\x9d \xe2\x80\x9cus,\xe2\x80\x9d \xe2\x80\x9cour,\xe2\x80\x9d and \xe2\x80\x9cFirstMerit\xe2\x80\x9d mean\nFirstMerit Bank, and its agents, authorized representatives, successors, and assignees. The words \xe2\x80\x9cyou\xe2\x80\x9d and \xe2\x80\x9cyour\xe2\x80\x9d mean each person (as an individual) and all persons (as a group) who apply for the\nAccount, who are responsible for repaying the Account, or on whose behalf we issue a Card. An \xe2\x80\x9cAuthorized User\xe2\x80\x9d means a person you authorize or allow to use, access, or service a Card or the\nAccount, but who is not directly responsible for repaying the Account. The term \xe2\x80\x9cCard\xe2\x80\x9d means any credit card we issue for access to your Account, including renewal and substitute cards. The term \xe2\x80\x9cCard\xe2\x80\x9d\nalso means any other access device that allows you or an Authorized User to obtain Account credit from us, including your Account number. Your \xe2\x80\x9cInterest Charges\xe2\x80\x9d are the charges we add to your\nAccount based on the Annual Percentage Rates and corresponding Daily Periodic Rates we apply to your Account balances. Your \xe2\x80\x9cFees\xe2\x80\x9d are the charges we add to your Account that are not based on\nthe Annual Percentage Rates. Other capitalized terms that are not defined here are generally defined the first time we use those terms.\nOverview of Account Agreement\nOur Account agreement with you (the \xe2\x80\x9cAgreement\xe2\x80\x9d) is contained in and governed by:\n(1) this document, called the Consumer Credit Card Agreement;\n(2) all Account disclosures and terms provided to you before or when the Account is opened, including the terms you accepted when applying for the Account, disclosures made with our Credit Card\nAccount Opening Disclosures (the \xe2\x80\x9cAccount Opening Disclosures\xe2\x80\x9d), and any terms we provided in written materials accompanying your Card;\n(3) all other documents, disclosures and terms that relate specifically to your Account and its related features and services, including:\n\xef\x82\xb7 all rewards disclosures, if your Account has rewards;\n\xef\x82\xb7 the Card benefits brochure that describes benefits provided by any payment card network displayed on your Card (each, a \xe2\x80\x9cPayment Card Network\xe2\x80\x9d);\n\xef\x82\xb7 the deposit pledge, assignment or security provisions in any application or instrument you submit to us in connection with a secured Account;\n\xef\x82\xb7 the applicable provisions of any deposit account agreement between you and us, if you request and we agree to make Account advances from time to time in payment of overdrafts associated with\nyour deposit account (\xe2\x80\x9cOverdraft Protection\xe2\x80\x9d);\n\xef\x82\xb7 the terms shown on periodic billing statements for your Account (each, a \xe2\x80\x9cStatement\xe2\x80\x9d); and\n(4) any future changes we make to any of the above items, as permitted or required by applicable law.\nYou agree that this Agreement becomes effective the first time you or an Authorized User use any Card or the Account. When the Agreement states that we \xe2\x80\x9cmay\xe2\x80\x9d take an action, it means we are\nauthorized to take that action in our sole discretion, subject only to any limitations or requirements established by law and the express terms of the Agreement. Please read these materials carefully and\nkeep them for future reference. We may make new offers to you in the future or forward offers from others that may interest you. If these offers have new or different terms, those terms will be provided\nwith the offer. If you accept the offer, the previously disclosed terms in the Agreement will still apply, except as modified by the offer.\nAccount Information We Need\nWe need complete, current and valid information about you and any Authorized Users to manage and maintain your Account (including names, addresses; telephone numbers; dates of birth;\nemployment and income information, Social Security numbers, or other government identification numbers). You must tell us when this information changes, in the manner described on your most recent\nStatement, through the website we maintain for your Account, or by calling us at the telephone number shown on your most recent Statement or the back of your Card. We may require that you provide\nadditional documents that are acceptable to us so that we can verify this information and any changes. We may restrict or close your Account, if we are unable to verify your information or you do not\nprovide the additional information we request.\nBalance Categories of Your Account\n\xe2\x80\x9cBalance Categories\xe2\x80\x9d are the different Account segments we may establish with unique pricing, grace periods or other terms. The Balance Categories of your Account may include Purchases, Cash\nAdvances, Balance Transfers, and Promotional Offers. We reserve the right to decide which Balance Category applies for each Account transaction and our decision will be final.\nA \xe2\x80\x9cPurchase\xe2\x80\x9d means the property, rights, goods and services you purchase, rent, or otherwise obtain directly from merchants and vendors by using your Card or the Account, including your purchase of\nsomething we consider to be a cash equivalent. For example, we consider wire transfers, travelers\xe2\x80\x99 checks, money orders, foreign currency, lottery tickets, gaming chips, and wagers to be \xe2\x80\x9ccash\nequivalents.\xe2\x80\x9d\nA \xe2\x80\x9cCash Advance\xe2\x80\x9d means a loan you obtain from us by using the Card, convenience checks, or other forms or devices used for Account access, including transactions initiated through a bank teller or an\nAutomated Teller Machine (ATM), or transactions initiated for Overdraft Protection purposes in connection with a deposit account we maintain for you.\nA \xe2\x80\x9cBalance Transfer\xe2\x80\x9d means a balance we allow you to transfer to the Account from an account that you owe to another financial institution or creditor, by using any written, electronic, or telephonic\ndevice or method we approve for this purpose. The unpaid Balance Transfer balances will be combined with Purchase balances shown on your Statement if both of these balances are subject to the\nsame Interest Charges.\nA \xe2\x80\x9cPromotional Offer\xe2\x80\x9d means transactions and balances that post to your Account and are subject to unique pricing, grace periods, or other terms we disclose from time to time for promotional and other\nreasons. After the end of any temporary rate period, the unpaid balance of a Promotional Offer for a Balance Transfer will be combined with Purchase balances shown on your Statement.\nYour Promises To Us\nYou promise to do everything the Agreement requires of you, as long as your Account has an unpaid balance, remains open to future transactions, or both. Each of you and all of you promise,\nindividually and together, to pay us all amounts due on your Account, now and in the future. This includes amounts where you did not sign a purchase slip or other documents for the transaction. If you\nuse your Card number without presenting your actual Card (such as for mail, telephone or Internet purchases), these transactions will be treated as if you used the Card in person. The amounts due on\nyour Account include all transactions in each Balance Category made by any of you and by any Authorized User, plus all Fees and all Interest Charges, as described in this Agreement. Your \xe2\x80\x9cInterest\nCharges\xe2\x80\x9d are the charges we add to your Account based on the Annual Percentage Rates and corresponding Daily Periodic Rates we apply to your Account balances. Your \xe2\x80\x9cFees\xe2\x80\x9d are the charges we\nadd to your Account that are not based on the Annual Percentage Rates.\nUsing Your Account and Card\nYou and your Authorized Users may use your Card and the Account for making Purchases and for obtaining Cash Advances, Balance Transfers, and Promotional Offers, as permitted by this Agreement\nand applicable law. You agree to sign the Card immediately after you receive it. The Card is valid through the expiration date shown on the front. The Card is our property and you agree to return it to us\nor destroy it, if we ask. You agree to take reasonable steps to prevent the unauthorized use of your Card and Account. If you allow someone else to use your Card, you are responsible for all transactions\nmade by that person and all associated Fees and Interest Charges, except to the extent prohibited by law.\nWe are not responsible to you if someone refuses to accept your Card for any reason. We may reject any transaction for any reason. We may limit the combined dollar amount or the total number of\ncertain Account transactions, such as Cash Advances, that are allowed during a single day or other time periods. We may restrict or delay the availability of Account credit, to protect you and us against\npotential fraud, unauthorized transactions, Account misconduct or misuse, or for other risk management reasons. We will not be liable to you if this happens.\nFrom time to time, Account services may be unavailable to you and your Authorized Users, due to circumstances beyond our control, such as system failures, fires, floods, natural disasters or other\nunpredictable events. When this happens, you may be unable to use your Card or obtain Account information. We will not be responsible or liable to you if this happens.\nYou agree not to use, try to use, or permit use of the Card or Account for any Internet gambling transactions or any other transactions that are illegal or not permitted by us. If you do so, you must still pay\nus for these transactions and they remain subject to all other terms of our Agreement. You must reimburse the Payment Card Network and us for all damages and expenses associated with these\ntransactions.\nAuthorized Users\nWe may limit an Authorized User\xe2\x80\x99s ability to initiate certain Account transactions. If we do, we will tell you about these limitations before we add any new Authorized User on your Account. Once we add\nan Authorized User to your Account, you agree we may discuss your Account with them and provide them with Account information. You are responsible for the Authorized User\xe2\x80\x99s use of the Card and\nyour Account, as well as anyone else that you or they allow to use your Card or Account. This will be true, even if you did not want or agree to the use.\nIf you want to remove an Authorized User from the Account, you must contact us as provided on your most recent Statement and request their removal. We will have a reasonable amount of time after\nyour request to research your Account information and remove an Authorized User. You must immediately destroy all Cards in the Authorized User\xe2\x80\x99s possession and cancel all of their billing\narrangements to the Account. We will not do this for you. During this time, you are still responsible for all amounts they charge to the Account. You will be responsible, even if these amounts do not\nappear on the Account until later. An Authorized User may remove themselves from the Account at any time, upon request. We may close your existing Account, or issue a new Card with a new Account\nnumber, after you remove an Authorized User.\n\nPAGE 1 of 6\n\n\x0cStatements and Billing Cycles\nThe documents or information your Statement provides after each Billing Cycle will disclose important information about your Account, including your Account transactions, payments, Fees, Interest\nCharges, unpaid Account balances, and payment requirements. The intervals of time between your regular Statements (each, a \xe2\x80\x9cBilling Cycle\xe2\x80\x9d) are generally equal (approximately 30 days), but may vary\nslightly in length. Your first Billing Cycle may be more or less than 30 days. You must pay any Minimum Interest Charge and any Fees due after your first Billing Cycle, even if it is for a period less than 30\ndays. Your Statements disclose the specific length of each Billing Cycle. Your Account will continue to have Billing Cycles, even if a Statement is not required after any Billing Cycle. We will send a single\nStatement to one of you for all Cards on your Account, except when we are not required or permitted by law to send a Statement. We will send a Statement at the end of each Billing Cycle when your\nAccount has a debit or credit balance of more than $1.00, if we have charged any Interest Charges to your Account, or as otherwise required by law.\nDisputed Transactions\nYou must promptly inspect each Statement you receive and tell us about any errors or questions you have, as described in the \xe2\x80\x9cBilling Rights\xe2\x80\x9d section of your Statement and this Agreement. If you do not\nnotify us as provided in these disclosures, we may assume that all information in the Statement is correct. If you dispute a transaction made by you or someone else on your Account, and we later credit\nyour Account for all or part of the disputed amount, you agree to:\n(1) Give us all of your rights against that other person;\n(2) Give us any merchandise or other purchases you received in connection with the disputed amount, if we ask;\n(3) Not pursue any claim or reimbursement from the merchant and other person; and\n(4) Help us pursue and obtain reimbursement from the merchant and that other person, by promptly returning documents with any signatures we may request and otherwise providing us with reasonable\ncooperation.\nLost or Stolen Cards; Unauthorized Use\nYou must take reasonable steps to prevent the unauthorized use of your Card and Account. If you notice the loss or theft of your Card, or a possible unauthorized use of your Card, you should write to us\nimmediately at the address provided on your Statement or call us at the telephone number provided on your Statement. You will not be liable for any unauthorized use that occurs after you notify us. You\nmay, however, be liable for unauthorized use that occurs before your notice to us. In any case, your liability will not exceed $50 (or any lesser amount required by law or as provided under the express\nterms of a benefit provided by a Payment Card Network). If we reimburse your Account for unauthorized charges made using your Card, you agree to help us investigate, pursue and obtain\nreimbursement from the wrongdoer. Your help includes giving us documents that we ask for and that are acceptable to us.\nCredit Limits\nWe will disclose information about your Account credit limits when we open it. Your Statements will also disclose information about your Account credit limits. We may assign different credit limits for the\ndifferent Balance Categories of your Account. For example, your credit limit for Cash Advances, Balance Transfers, or Promotional Offers may be lower than your credit limit for Purchases or the overall\ncredit limit of your Account. We may raise, lower, restrict, or cancel your credit limit on any Balance Category or the Account at any time and for any reason, subject to any notices that are required by\nlaw. This will not affect your obligation to pay us. You are responsible for keeping track of your Account balances and available credit. You agree not to allow your Account to go over any credit limit. We\nmay honor transactions above your credit limits, but, if we do, this will not increase your credit limit and you must pay us the full amount of these transactions.\nBalance Transfers\nWe may allow you to transfer balances to the Account that you owe to other creditors or financial institutions, subject to any minimum Balance Transfer amount we disclose and up to the amount of the\ncredit limit we make available for Balance Transfers. You may not ask us to process a Balance Transfer for any amount you already owe to us or any of our related companies, unless we give you our\nexpress permission to do so.\nAll Balance Transfers are subject to our approval. We will not process a Balance Transfer request we consider incomplete or illegible. You may use only the devices and methods we have approved for\nBalance Transfers. If we do not approve the full amount of any Balance Transfer you request, we may process part of the amount you request as a Balance Transfer or decline the entire request. We are\nnot liable to you if we do not process part or all of any Balance Transfer you request. We may make Balance Transfers in any order we choose.\nYou agree not to request a Balance Transfer for any amount that is or may be the subject of a dispute between you and any other creditor or financial institution. If you do, you understand this may\nprevent you from exercising your dispute rights against other creditors and financial institutions. We are not liable to you for disputes you may have with other creditors and financial institutions. If you\nrequest a Balance Transfer, you agree to monitor your other accounts and continue making the minimum payments due on these accounts until your other creditor or financial institution provides an\naccount statement that shows the balance of your other account has been paid in full. This may not happen until after the Balance Transfer appears on a Statement from us. You are liable for any late\npayments, finance charges or disputed amounts on your other accounts. If you want your other accounts closed following a balance transfer, you must instruct your other creditor or financial institution to\ndo so.\nInterest Charges\nWe will charge Interest Charges to your Account as shown in the Agreement, including your Account Opening Disclosures and Statements.\nWe figure the Interest Charges on your Account by applying a Daily Periodic Rate to an \xe2\x80\x9cAverage Daily Balance\xe2\x80\x9d of each Balance Category in your Account. To get the \xe2\x80\x9cAverage Daily Balance,\xe2\x80\x9d we take\nthe beginning balance of your Account each day (including any previously billed and unpaid Account transactions in each Balance Category, Interest Charges and Fees); add any new Account\ntransactions in each Balance Category, any new debit adjustments, and any accrued and unbilled Interest Charges and Fees (except Annual Fees); and then subtract any payments or credits. This gives\nus the \xe2\x80\x9cDaily Balance\xe2\x80\x9d in each Balance Category and results in the daily compounding of Interest Charges. Then, we add up all the Daily Balances in each Balance Category for the Billing Cycle and\ndivide the total by the number of days in the Billing Cycle. This gives us the \xe2\x80\x9cAverage Daily Balance\xe2\x80\x9d of each Balance Category.\nInterest Charges begin to accrue from the later of the date of the transaction or the first day of the Billing Cycle, except as prohibited by law or as otherwise described in the Agreement. Interest Charges\naccrue on each unpaid amount until it is paid in full. Interest Charges are added to the proper Balance Category of your Account.\nThere is no grace period during which you can avoid Interest Charges on Cash Advances. We will not assess Interest Charges during a Billing Cycle for any new Purchases made during that Billing\nCycle, if you pay the previous month\xe2\x80\x99s New Balance in full by its payment due date or if your previous month\xe2\x80\x99s New Balance was zero or a credit amount. Each month that you pay your \xe2\x80\x9cNew Balance\xe2\x80\x9d in\nfull by the payment due date, you will have a minimum grace period of 25 days with no Interest Charges on all new Purchases made during a Billing Cycle. If you have been paying your Account in full\nwith no Interest Charges applied to Purchases, but then you do not pay your next \xe2\x80\x9cNew Balance\xe2\x80\x9d in full, we will charge interest on the portion of your balance that you did not pay. A Promotional Offer\ntransaction is not subject to a grace period, unless the terms we provided with the Promotional Offer expressly state that these transactions are subject to a grace period.\nTo determine the \xe2\x80\x9cDaily Periodic Rate\xe2\x80\x9d that applies to each Balance Category, we divide the corresponding Annual Percentage Rates by 365. The resulting Daily Periodic Rate is carried five places past\nthe decimal point and the last digit is not rounded. We calculate your total Interest Charges by multiplying the Average Daily Balance of each Balance Category by its Daily Periodic Rate and then\nmultiplying the result by the number of days in the Billing Cycle.\nYour Account Opening Disclosures disclose the Daily Periodic Rates and the corresponding Annual Percentage Rates that apply to each Balance Category. Your Account Opening Disclosures disclose\nthe Minimum Interest Charges that will be due if any Balance Category of your Account is subject to Interest Charges after a Billing Cycle. Your Account Opening Disclosures also disclose which Annual\nPercentage Rates and Daily Periodic Rates may vary from Billing Cycle to Billing Cycle, based on changes to a published index rate. These Account Opening Disclosures identify the index rate we use\nand the different margins we add to the index rate to determine the variable Annual Percentage Rates. If the Daily Periodic Rates and corresponding Annual Percentage Rates increase with changes to\nthe index rate, then your Interest Charges will increase and your Minimum Payment Due and/or number of payments may also increase.\nFees\nYou must pay the following Fees we charge to your Account, in the amounts shown on your Account Opening Disclosures, shown in this Agreement, or disclosed to you at the time you ask us to provide\nparticular services to you or on your behalf.\nAnnual Fee: We may charge you this Fee for making the Account available and issuing Cards to you and your Authorized Users.\nCash Advance Fee: We may charge you this Fee each time you obtain a Cash Advance. If your Account is subject to a Cash Advance Fee, we will post and treat this Fee as a Cash Advance transaction\nfor purposes of calculating your Interest Charges.\nCash Equivalent Purchase Fee: We may charge you this Fee each time you complete the Purchase of a cash equivalent (such as wire transfers, travelers\xe2\x80\x99 checks, money orders, foreign currency, lottery\ntickets, gaming chips, and wagers). If your Account is subject to a Cash Equivalent Purchase Fee, we will post and treat this Fee as a Purchase transaction for purposes of calculating your Interest\nCharges.\nBalance Transfer Fee: We may charge you this Fee each time you obtain a Balance Transfer. If your Account is subject to a Balance Transfer Fee, we will post and treat this Fee as a Purchase\ntransaction for purposes of calculating your Interest Charges.\nLate Payment Fee: We may charge you this Fee if we do not receive your payment in time to credit it by the due date shown on your Statement. If your Account is subject to a Late Payment Fee, we will\npost and treat this Fee as a Purchase transaction for purposes of calculating your Interest Charges.\nReturned Payment Fee: We may charge you this Fee each time any payment you make to us is not paid by your financial institution for any reason, even if that institution later pays it. If your Account is\nsubject to a Returned Payment Fee, we will post and treat this Fee as a Purchase transaction for purposes of calculating your Interest Charges.\n\nPAGE 2 of 6\n\n\x0cReturned Convenience Check Fee: We may charge you a Fee of $30.00 each time any convenience check you use or attempt to use for Account access is returned unpaid for any reason. This Returned\nConvenience Check Fee is in addition to any separate charge the payee may assess if the convenience check is returned unpaid. If your Account is subject to a Returned Convenience Check Fee, we\nwill post and treat this Fee as a Purchase transaction for purposes of calculating your Interest Charges.\nStop Payment Fee: We may charge you a Fee of $30.00 each time you request that a stop payment be placed against any convenience check you used or attempted to use for Account access. If your\nAccount is subject to a Stop Payment Fee, we will post and treat this Fee as a Purchase transaction for purposes of calculating your Interest Charges.\nCopying Fee: We may charge you a Fee of $6.00 for each copy of a transaction document or a Statement you request, unless they are required to resolve a billing dispute. If your Account is subject to a\nCopying Fee, we will post and treat this Fee as a Purchase transaction for purposes of calculating your Interest Charges.\nForeign Transaction Fee: We may charge you this Fee each time you make a Purchase in a foreign currency or in a country outside the United States. If your Account is subject to a Foreign Transaction\nFee, this Fee will post as a Purchase transaction for purposes of calculating your Interest Charges.\nTransactions Made in Foreign Currencies\nIf a transaction is in a foreign currency, the applicable Payment Card Network (such as Visa International or MasterCard International) will convert the transaction into U.S. dollars by using its own\ncurrency conversion procedures. The exchange rate will be determined in one of two ways. Either the exchange rate will come from the range of rates available in the wholesale currency markets for the\ntransaction processing date (which may be different from the rate the Payment Card Network receives) or it will be a government-mandated exchange rate. The exchange rate used on the transaction\nprocessing date may differ from the exchange rate on the date of the transaction.\nMinimum Payments\nUnless an event of default occurs as described in the \xe2\x80\x9cAccount Default\xe2\x80\x9d section below and we require you to make immediate payment of your entire Account balance, the \xe2\x80\x9cMinimum Payment Due\xe2\x80\x9d you\nmust pay after each Billing Cycle will be the greater of: (1) 2.5% of the New Balance, rounding up to the next higher whole dollar amount; (2) 1.0% of the New Balance plus all accrued and unpaid\nInterest Charges, all accrued and unpaid Fees, and all past due amounts, rounding up to the next higher whole dollar amount; or (3) $15.00. If your New Balance is less than $15.00, then you must pay\nthe entire New Balance. Your Statements will provide instructions for making payments, including the Minimum Payment Due and the due date for receiving your payment. To avoid a Late Payment Fee,\nyou must pay us at least this Minimum Payment Due by the due date shown on the Statement.\nIn addition to the Minimum Payment Due, you may pay all or part of the total balance of your Account at any time. You must still pay at least the Minimum Payment Due after each Billing Cycle, even if\nyou paid more than the Minimum Payment Due in connection with the previous Billing Cycle. We will continue to charge Interest Charges during Billing Cycles when you carry a balance, regardless of\nwhether your Statement includes a Minimum Payment Due.\nMaking Payments\nYour payments to us must be in U.S. dollars from a U.S. deposit account and must otherwise be acceptable to us. We do not accept cash payments through the mail. You may not make Account\npayments with funds borrowed from your Account or any other credit account with us or any affiliate within our family of companies. You agree to follow the payment requirements we disclose on\nStatements from time to time. You must mail payments to us at the address provided on your Statement or as otherwise instructed by us or our agents. We will credit it to your Account on the day we\nreceive it, if:\n(1) you send the payment coupon included with your Statement in the same envelope with your payment;\n(2) you include your Account number on your payment; and\n(3) your payment arrives in our processing center at the address indicated on the payment coupon no later than the due date indicated on your Statement.\nIf your due date occurs on a day on which we do not receive payments, any payment received the next day that conforms to the above requirements will not be treated as late. Please allow at least five\n(5) days for postal delivery. Unless we or our agents specifically instruct you to remit payment in a different manner, payments received at any other location or in any other form may not be credited for\nup to five (5) days. This may cause you to be charged Late Payment Fees and additional Interest Charges.\nIf you give your Account number or other Account information to someone else to make a payment for you, we may provide Account information to them and process their payment as if you made it. We\nmay refuse to accept any payment made by someone else for your Account. If we accept a payment made by someone else for your Account, you will be responsible for the payment made, even if that\npayment is rejected or not paid.\nHow We Apply Your Payments\nWe apply your payment of a Minimum Payment Due to the Balance Categories with lower Annual Percentage Rates before the Balance Categories with higher Annual Percentage Rates. We apply any\nportion of a payment that exceeds your Minimum Payment Due to the Balance Categories with higher Annual Percentage Rates before the Balance Categories with lower Annual Percentage Rates,\nexcept as otherwise required by law.\nPayment Processing\nWe may accept and process payments without losing any of our rights. Even if we credit your payment to your Account, we may delay the availability of Account credit until we confirm that your payment\nhas cleared. We may resubmit and electronically collect returned payments. We may also adjust your Account as necessary to correct errors, to process returned and reversed payments, and to handle\nsimilar issues.\nAn \xe2\x80\x9cItem\xe2\x80\x9d means a check, draft, money order or other negotiable instrument you use to pay your Account. This includes any image of these instruments. When you provide an Item as payment, you\nauthorize us either to use information from your Item to make a one time electronic fund transfer from your deposit account or to process the payment as a check transaction. When we use information\nfrom your Item to make an electronic funds transfer, funds may be withdrawn from your deposit account as soon as the same day your payment is received and you will not receive your Item back from\nyour financial institution. You may contact us and ask that we not process your future Items in this way. If we process the payment as a check transaction, you understand and agree that we may convert\nyour Item into an electronic image that can be collected from your depository institution as a substitute check. We will not be responsible if an Item you provide has physical features that, when imaged,\nresult in it not being processed as you intended.\nItems with Restrictive Words, Conditions or Instructions\nAll Items that have restrictive words, conditions, limitations or special instructions added (including Items marked with the words \xe2\x80\x9cPaid in Full\xe2\x80\x9d or similar language), and all accompanying\ncommunications, must be mailed to and received at: FirstMerit Bank, Attn: Bankcard Portfolio Manager \xe2\x80\x93 TOW829, 106 South Main Street, Akron, Ohio 44308. If you make your payment or\nsend any accompanying communications to any other address, we may accept and process the payment, without losing any of our rights.\nCredit Balances\nWe may reject and return to you any payment that creates a credit balance on your Account. Any credit balance we allow will not be available until we confirm that your payment has cleared. If we allow a\ncredit balance after receiving a payment that exceeds the New Balance, this will not increase the credit limit of your Account and we will have no duty to authorize Account transactions that would exceed\nyour Account\xe2\x80\x99s credit limit. We may, at our option, reduce the amount of any credit balance by any new amounts billed to your Account. You may contact us as provided on your Statement and request a\nrefund of any available credit balance. If you contact us in writing, we will refund your credit balance within seven (7) business days from our receipt of your written request. A business day means any\nday in which our offices are open for the processing of Account payments and credits.\nAccount Default\nWe may consider you in default of your Agreement with us if:\n(1) you do not make any payment when it is due;\n(2) any payment you make is rejected, not paid or cannot be processed;\n(3) you exceed a credit limit;\n(4) a bankruptcy or other insolvency proceeding is filed by or against you;\n(5) you die or are legally declared incompetent or incapacitated;\n(6) we determine that you made a false, incomplete or misleading statement on any of your Account documentation, or you otherwise tried to defraud us;\n(7) you do not comply with any term of this Agreement or any other agreement with us; or\n(8) you permanently reside outside the United States.\n\nPAGE 3 of 6\n\n\x0cPaying the Interest Charges and Fees charged in connection with a default will not, by itself, cure the default. If you are in default, we may take the following actions without notifying you, unless the law\nsays that we must notify you:\n(A) close or suspend your Account;\n(B) lower your credit limits;\n(C) increase your Minimum Payment Due;\n(D) demand that you immediately pay the entire balance owing on your Account (for example, as described in the Minimum Payment section);\n(E) continue to charge you Interest Charges and Fees as long as your balances remain outstanding;\n(F) exercise rights and remedies set forth in the Security Agreement section; and/or\n(G) pursue any other action against you that the law allows, which includes the filing of a lawsuit against you.\nYou agree to pay us all of our collection expenses to the extent permitted by applicable law.\nCredit Reports\nWe may provide information about you and the Account to consumer credit reporting agencies. We may also provide information about you and the Account to others as described in our Privacy Notices.\nInformation we provide might appear on credit reports about you and Authorized Users. This could include negative information, if you do not comply with the terms of this Agreement. We may obtain and\nuse credit and income information about you from consumer credit reporting agencies and others, as the law allows.\nIf you believe we have reported inaccurate information about you to a credit reporting agency, notify us in writing at: FirstMerit Bank, Attn: Credit Bureau Disputes \xe2\x80\x93 MTG25, 295 FirstMerit\nCircle, Akron, Ohio 44307. In doing so, identify yourself, your Account, the information you believe is inaccurate, and tell us why you believe the information is incorrect. If you have supporting\ndocuments or information, such as a copy of a credit report that includes information you believe is inaccurate, send us the supporting documents and information, too.\nClosing or Suspending Your Account\nYou may ask us to close your Account by calling or writing us as described on your Statement. If you do, we may provide you with additional details about this process and request certain information\nfrom you, including payment information. If you use your Card or charges post to your Account after you ask us to close it, we may keep your Account open or reopen it.\nWe may close or suspend your Account and your right to obtain credit from us. We may do this at any time and for any reason, as permitted by law, even if you are not in default. A suspension of your\nAccount might be permanent or temporary.\nIf your Account is closed or suspended for any reason, you must stop using your Card. You must also cancel all recurring charges or similar billing arrangements connected with the Account. We will not\ndo this for you. If we close or permanently suspend your Account, you must also destroy all Cards. You must still pay us all amounts you owe on the Account, even if these amounts are charged after\nyour Account is closed or suspended.\nChanges to Your Agreement\nYou may not change the Agreement, unless one of our authorized officers expressly agrees to do so in a signed writing. We may, at any time, add, delete or change any term of this Agreement, unless\nthe law prohibits us from doing so. We will give you any notice and wait any time period required by law before the changes take effect. If we notify you of changes, we will send you a separate notice or\ninform you on your Statement. We may send this notice to you electronically, as permitted by law. Our notice will tell you when and how the changes will take effect and describe any rights you have in\nconnection with the changes.\nAny variable Annual Percentage Rates associated with your Account can increase or decrease in each Billing Cycle, as the published index for these rates goes up or down. If we increase your Interest\nCharges for any other reason, we will notify you in writing. If we increase your Fees or change other significant Account terms, we will notify you in writing and inform you of your options, including any\nright to reject these changes. We may increase your Interest Charges for new Account transactions and your Fees after the first year of the Account. We may change any other terms of your Account at\nany time, after giving you any notice and waiting any period of time required by law.\nThe Law that Applies to Your Agreement\nWe make decisions to grant credit, open Accounts, and issue Cards from our offices in Ohio. The interpretation and enforcement of this Agreement (including the exportation of interest) shall be\ngoverned by federal law and, to the extent state law applies, Ohio law, without regard to conflict of law principles. If any part of this Agreement is found to be unenforceable, the remaining parts will\nremain in effect.\nWaiver\nWe will not lose any of our rights if we delay taking any action for any reason or if we do not notify you. For example, we may waive your Interest Charges or Fees without notifying you and without losing\nour right to charge them in the future. We may always enforce our rights later and may take other actions not listed in this Agreement if the law allows them. You do not have to receive notice from us of\nany waiver, delay, demand or dishonor. We may proceed against you before proceeding against someone else.\nAssignment\nThis Agreement will be binding on, and benefit, any of your and our successors and assigns. You may not transfer your Account or your Agreement to someone else without our written permission. We\nmay transfer your Account and this Agreement to another company or person at any time, without your permission and without prior notice to you. If we do, they will take our place under this Agreement.\nYou must pay them and perform all of your obligations to them and not us. If you pay us after you are informed or learn that we have transferred your Account or this Agreement, we can handle your\npayment in any way we think is reasonable. This includes returning the payment to you or forwarding the payment to the other company or person.\nSecurity Agreement (If Applicable)\nYour duties and obligations to us in connection with your Account, any Cards, and this Agreement are collectively known as your \xe2\x80\x9cAccount Obligations.\xe2\x80\x9d If you apply for an Account and sign or initial a\ndocument to pledge and grant a security interest in funds on deposit with us, then you also agree to maintain security deposit funds at least equal to one hundred twenty-five percent (125%) of the credit\nlimit of your Account as collateral and security for your Account Obligations. For example, we will require at least $1,250 in security deposit funds for an Account with a $1,000 credit limit.\nWe will hold and maintain all security deposit funds in a deposit account at FirstMerit Bank, including a savings account or an account evidenced by a certificate of deposit and any subsequent\nextensions, renewals, or replacements of that deposit account (the \xe2\x80\x9cSecurity Deposit Account\xe2\x80\x9d). As security for your Account Obligations, you unconditionally and irrevocably pledge, assign, and grant to\nus a security interest in the Security Deposit Account, any funds deposited or held at any time in the Security Deposit Account, and any instrument we may issue to evidence your Security Deposit\nAccount. You agree, irrevocably and unconditionally, to give up all possession and control over any funds deposited or held in the Security Deposit Account. You agree to take any actions we request to\nperfect, protect or continue the first lien position of our security interest in funds held at any time in the Security Deposit Account.\nYou agree that you have no right to withdraw security deposit funds from the Security Deposit Account at any time, except as authorized by this Agreement or otherwise required by law. We may, at our\noption, allow you to deposit additional security deposit funds to the Security Deposit Account, to increase the credit limit of your Account. If you request a decrease in the credit limit of your Account, you\nunderstand and agree that we may hold security deposit funds in excess of one hundred twenty-five percent (125%) of your Account credit limit for as long as we consider appropriate or necessary. You\nmay not withdraw security deposit funds or request a refund of security deposit funds at any time, except to the extent you pay all of your Account Obligations to us in full and close your Account.\nWe will maintain separate records to account for the security deposit funds held in the Security Deposit Account. The interest we may pay on security deposit funds, if any, shall be as described in the\nseparate terms and conditions that apply to the Security Deposit Account. You agree that we are not required to pay any interest on security deposit funds held in the Security Deposit Account, unless we\nhave expressly agreed to do so in separate terms and conditions that specifically apply to the Security Deposit Account. If any interest is earned on security deposit funds, you agree that we may add\nthat interest to the Security Deposit Account as proceeds to secure your Account Obligations, regardless of any terms to the contrary that may appear in the separate terms of the Security Deposit\nAccount.\nAny default by you under this Agreement, including any failure to pay Account Obligations when due, will also make you in default of this Security Agreement section. If you fail to pay the full amount of\nany Minimum Payment Due within sixty (60) days of its payment due date or the Account balance exceeds one hundred ten percent (110%) of the Account credit limit, you authorize us to withdraw\nsecurity deposit funds from the Security Deposit Account and apply those security deposit funds to pay part or all of your Account Obligations, without the need to send you any additional notices or\ndemand for payment, unless we are expressly required to do so by applicable law. If you or we close your Account for any reason or we otherwise require that you make immediate payment of your\nentire Account balance following an Account default, you agree that we may apply all of the security deposit funds then held in the Security Deposit Account in payment of your outstanding Account\nObligations. If this happens, we will return any excess security deposit funds that may be due to you within sixty (60) days after we apply these security deposit funds in full and final payment of your\nAccount Obligations. If you have any Account Obligations that remain outstanding or become due after we apply the security deposit funds, you agree to pay those Account Obligations immediately and\nin full, as required by this Agreement. Our rights in this Security Agreement section are in addition to all of the other rights we have under law and this Agreement.\nIf your Account is a joint Account, you understand and agree that we may release security deposit funds as instructed by any one of you, without liability to any other person responsible for the Account.\nThe notice we give to any one of you will be considered as notice to all of you.\nIf your Account becomes subject to bankruptcy proceedings, we will treat the security deposit funds as required by the law that governs those bankruptcy proceedings. If you become a debtor in a\nbankruptcy proceeding, you agree to recognize us as a perfected secured creditor with respect to the Security Deposit Account and to declare the Security Deposit Account as exempt property pursuant\nto the United States Bankruptcy Code or applicable state exemption laws.\n\nPAGE 4 of 6\n\n\x0cYou agree that there are no current disputes, lawsuits or bankruptcy proceedings that might affect our rights to and interest in the security deposit funds. You agree that you shall not attempt to transfer\nany interest in the security deposit funds to any party other than us or offer the security deposit funds as security for any obligations other than your Account Obligations. If your Account, the Security\nDeposit Account, or the security deposit funds held in the Security Deposit Account become involved in any legal proceeding, you understand and agree that we may restrict access to all of the security\ndeposit funds held in the Security Deposit Account until we determine that the matter is fully resolved.\nOverdraft Protection (If Applicable)\nYou may sign or initial a document asking us to make Cash Advances from this Account to prevent overdrafts associated with a designated checking account you maintain with us (\xe2\x80\x9cOverdraft\nProtection\xe2\x80\x9d). If we agree to provide Overdraft Protection, you agree that we may make Cash Advances at least equal to the amount by which your designated checking account becomes overdrawn and\nthen deposit these Cash Advances to your designated checking account as described in this section.\nFor any overdraft associated with your designated checking account, you agree that we may make a minimum Cash Advance of $75.00 and increase that amount in multiples of $25.00 until the Cash\nAdvance amount equals or exceeds amount of each overdraft. Overdraft protection will be extended up to your available credit card balance.\nCash Advances we make for Overdraft Protection purposes are subject to the Interest Charges, Fees, and all other terms and conditions of this Agreement that apply generally to Cash Advances. You\nunderstand and agree that we are not obligated to make a Cash Advance for Overdraft Protection purposes if you are in default of this Agreement or if making any such Cash Advance would cause your\nAccount to exceed its credit limit, but we may, at our option, elect to do so.\nYou or we may cancel the Overdraft Protection feature of the Account at any time. If we send you written notice to cancel your Overdraft Protection, our cancellation shall be effective five (5) calendar\ndays after we mail the cancellation notice to the most recent address we maintain for any one of you in our Account records, except as otherwise required by applicable law. You may cancel Overdraft\nProtection by sending written notice to us at FirstMerit Bankcard Center, P.O. Box 1499, Akron, Ohio 44309. Your cancellation will take effect five (5) days after we receive notice at this address.\nOverdraft Protection shall be automatically and immediately cancelled when the Account or your designated checking account is cancelled or otherwise terminated, or if you convert the checking account\nto a different type of deposit account for which Overdraft Protection is unavailable.\nNOTICE OF ARBITRATION PROVISION\nThe documents relating to credit card accounts that FirstMerit Bank offers or provides to you, including but not limited to the Account application, the Consumer Credit Card\nAgreement, the Account Opening Disclosures, and any additional disclosures we may provide to you about the Account, are subject to an arbitration provision that is part of the\nAgreement between you and us. You should carefully read the arbitration provision. It will affect the way in which you or we resolve any claim that we have against each other in\nconnection with your Account.\n\nTHIS ARBITRATION PROVISION CONTAINS IMPORTANT INFORMATION ABOUT YOUR CREDIT CARD ACCOUNTS WITH US. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE\nTHAT ANY CLAIMS (AS DEFINED BELOW) BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE ABILITY TO\nPARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, THE CLAIM IS SUBMITTED TO A NEUTRAL PARTY, AN ARBITRATOR, INSTEAD OF A JUDGE OR\nJURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. THE DECISION OF THE ARBITRATOR IS FINAL AND BINDING.\n\nThis Arbitration Provision describes when and how a Claim (as defined below) related to an Account may be arbitrated. The term \xe2\x80\x9cAccount\xe2\x80\x9d means any credit card account that FirstMerit Bank, N. A.\noffers or provides to you. The terms \xe2\x80\x9cwe\xe2\x80\x9d, \xe2\x80\x9cus\xe2\x80\x9d and \xe2\x80\x9cour\xe2\x80\x9d mean: (i) FirstMerit Bank, its parent companies, wholly or majority-owned subsidiaries, affiliates, successors, assigns and any of their\nemployees, officers and directors; and (ii) any third party providing any services in connection with an Account, if such third party is named as a party by you in any lawsuit between you and us. The term\n\xe2\x80\x9cCard\xe2\x80\x9d means any credit card, Account number, or other Account access device that allows you to obtain Account credit from us. The terms \xe2\x80\x9cyou\xe2\x80\x9d and \xe2\x80\x9cyour\xe2\x80\x9d mean each person (as an individual) and all\npersons (as a group) who apply for the Account, who are responsible for repaying the Account, and on whose behalf we issue a Card. The terms \xe2\x80\x9cyou\xe2\x80\x9d and \xe2\x80\x9cyour\xe2\x80\x9d also mean a person you authorize or\nallow to use, access, or service a Card or the Account. By opening an Account with us or accepting or using any Account services, you agree to all of the terms of this Arbitration Provision. By opening\nan Account with us, you also agree that our agreement with you involves interstate commerce. That is, you and we recognize that due to the very nature of a Card or Account agreement, that more than\none state of the United States is likely to be involved in the agreement that we have reached.\n(a) What Claims Are Covered: Except as otherwise limited by this Arbitration Provision, a \xe2\x80\x9cClaim\xe2\x80\x9d means any claim, dispute or controversy between you and us that in any way arises from or relates to\nan Account. It includes any claim, dispute or controversy concerning any fees or charges relating to any Account and any services relating to any Account, including but not limited to transaction services,\nfunds transfer services, rewards services, on-line or telephone banking services, automated teller machine services and Card services. It includes not only any claim, dispute or controversy directly\nbetween you and us, but also any such matter with respect to anyone connected with you or claiming through you, such as a joint Account obligor, an authorized user of the Account, trustee, guardian or\nany other representative or agent. \xe2\x80\x9cClaim\xe2\x80\x9d has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes disputes based upon contract, tort,\nconsumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). Subject to paragraph (e)\nbelow, it also includes disputes about the validity, enforceability, arbitrability or scope of this Arbitration Provision and any agreements relating to the Account. However, \xe2\x80\x9cClaim\xe2\x80\x9d does not include any\nindividual action in court by one party that does not involve a request for damages or monetary relief of any kind. We will not choose to arbitrate an individual Claim that you bring against us in small\nclaims court or your state\xe2\x80\x99s equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to choose arbitration. Nothing in this Arbitration\nProvision limits or constrains any right to self-help remedies, such as any: (i) right of set-off or the right to restrain funds in a deposit account; (ii) right or obligation to interplead funds in the event of a\ndispute; (iii) right to exercise any security interest or lien in property; (iv) obligation to comply with legal process; or (v) right to obtain provisional remedies such as injunctive relief, seizure, attachment or\ngarnishment by a court having appropriate jurisdiction.\n(b) How Arbitration Is Started: Either you or we may require any Claim to be arbitrated. Arbitration is started by giving written notice to the other party of the intent to start or to compel arbitration.\nExcept as otherwise provided by the Federal Arbitration Act, this notice may be given before or after a lawsuit has been started over the Claim or with respect to other Claims brought later in the lawsuit.\nIf you start the arbitration, you must notify us at the following address: FirstMerit Bank, Credit Card Account Arbitration, Attention: Bankcard Portfolio Manager \xe2\x80\x93 TOW829, 106 South Main Street,\nAkron, Ohio 44308. If we start the arbitration, we will notify you in writing at your last known address we have on file. Arbitration of a Claim must comply with this Arbitration Provision and, to the extent\nnot inconsistent or in conflict with this Arbitration Provision, the applicable rules of the arbitration administrator.\n(c) Choosing the Administrator: The party requiring arbitration must choose one of the following arbitration agencies as the administrator: American Arbitration Association (www.adr.org) or JAMS\n(www.jamsadr.com). In all cases, the arbitrator(s) must be a lawyer with more than 10 years of experience. However, no arbitration may be administered by an arbitration agency that will not follow, or\nhas any policies or procedures materially inconsistent with, the terms of this Arbitration Provision. If for any reason the chosen arbitration agency is unable or unwilling or ceases to serve as the\nadministrator, or does not qualify or ceases to qualify as an administrator under the terms of this Arbitration Provision, the party requiring arbitration will have 20 days to choose a different administrator,\nconsistent with the requirements of this Arbitration Provision, from among the above-named arbitration agencies. If none of the above-named arbitration agencies qualifies to be an administrator under\nthe terms of this Arbitration Provision, the parties shall, within 20 days after learning of such disqualification, agree on another arbitration agency that does qualify under the terms of this Arbitration\nProvision. In the absence of such agreement, either party may apply to a court of competent jurisdiction for the court to appoint an administrator that does qualify under the terms of this Arbitration\nProvision.\n(d) Court and Jury Trials and Class Action Procedures Prohibited and Other Limitations on Legal Rights: If arbitration is chosen with respect to a Claim, all of the following apply:\n\xef\x82\xb7\n\xef\x82\xb7\n\xef\x82\xb7\n\xef\x82\xb7\n\nThere will be no right to try that Claim in court.\nThere will be no jury trial on that claim.\nThere will be no discovery, except as allowed by the arbitration rules of the administrator or by this Arbitration Provision.\nWe and you are prohibited from participating in a class action or class-wide arbitration with respect to that Claim (the \xe2\x80\x9cClass Action Waiver\xe2\x80\x9d). This means that neither we nor you can be a\nrepresentative or, member of any class of claimants or act as a private attorney general or in any other representative capacity in court or in arbitration with respect to that Claim. This also means\nthat the arbitrator has no power or authority to conduct any class-wide arbitration.\n\xef\x82\xb7 Claims brought by or against one or more of you may not be joined or consolidated in the arbitration with Claims brought by or against any other person connected with a different Account (unless\nsuch persons are joint Accountholders or authorized users of one of your Accounts).\n\xef\x82\xb7 Except as allowed by this Arbitration Provision and the Federal Arbitration Act, the arbitrator\xe2\x80\x99s decision will be final and binding.\n\xef\x82\xb7 Other rights that you or we would have in court may also not be available in arbitration.\n(e) Effect of Class Action Waiver: Regardless of anything else in this Arbitration Provision, the validity and effect of the Class Action Waiver must be determined only by a court and not by an arbitrator\nor by any policies or procedures of the administrator. If the Class Action Waiver is invalidated or not enforced, then this entire Arbitration Provision (except for this sentence) shall be null and void.\nNothing in this paragraph (e) shall affect the right of any party to appeal any invalidation or non-enforcement of the Class Action Waiver.\n(f) Location of Arbitration: Any arbitration hearing that you attend must take place at a location reasonably convenient to your residence.\n\nPAGE 5 of 6\n\n\x0c(g) Cost of Arbitration: Each administrator charges fees to administer an arbitration proceeding. This may include fees not charged by a court. When you choose an administrator, you should carefully\nreview the fees charged by the administrator. If we require a Claim to be arbitrated, we will pay or reimburse you for up to $250.00 in fees that would otherwise be charged to you by the administrator.\nHowever, if either we or you require a Claim to be arbitrated, you may tell us in writing that you can\xe2\x80\x99t afford to pay the fees charged by the administrator or that you believe those fees are too high. If you\ndo so, we will pay or reimburse you for up to all of the fees that would otherwise be charged to you by the administrator if your request is reasonable and in good faith. We will always pay the fees if\napplicable law requires us to. We will not ask you to pay or reimburse us for any fees we pay the administrator. Each party must pay the expense of that party\xe2\x80\x99s attorneys, experts and witnesses,\nregardless of which party prevails in the arbitration, unless applicable law and/or this Arbitration Provision and/or any agreements governing the Account give a party the right to recover any of those fees\nfrom the other party.\n(h) Governing Law: This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. \xc2\xa7\xc2\xa7 1 et seq. and not by any state arbitration law. The arbitrator must apply applicable substantive law\nconsistent with the Federal Arbitration Act and applicable statutes of limitations and claims of privilege recognized at law. In addition to the Federal Arbitration Act, this Arbitration Provision is governed by\nother Federal law of the United States of America. To the extent Federal law does not apply, the law of the state governing your Account applies. The arbitrator is authorized to award all remedies\npermitted by the substantive law that would apply if the action were pending in court. At the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award.\n(i) Right to Discovery: In addition to the parties\xe2\x80\x99 rights to obtain discovery pursuant to the arbitration rules of the administrator, either party may submit a written request to the arbitrator to expand the\nscope of discovery normally allowable under the arbitration rules of the administrator. The arbitrator shall have discretion to grant or deny that request.\n(j) Arbitration Result and Right of Appeal: Judgment upon the award given by the arbitrator may be entered in any court having jurisdiction. The arbitrator\xe2\x80\x99s decision is final and binding, except for any\nright of appeal provided by the Federal Arbitration Act. However, if the amount of the Claim exceeds $25,000, any party can appeal the award to a three-arbitrator panel administered by the administrator\nwhich shall reconsider any aspect of the initial award requested by the appealing party. The decision of the panel shall be by majority vote. Reference in this Arbitration Provision to \xe2\x80\x9cthe arbitrator\xe2\x80\x9d shall\nmean the panel of arbitrators if an appeal of the arbitrator\xe2\x80\x99s decision under this section has been taken. Subject to applicable law, costs of such an appeal (including attorney fees) will be borne by the\nappealing party regardless of the outcome of the appeal. However, we will consider any good faith, reasonable request for us to pay all or any part of those fees if you are the appealing party.\n(k) Rules of Interpretation: This Arbitration Provision shall survive: (i) the termination or closing of the Account or related services; (ii) any changes to the Account or related services; (iii) any legal\nproceeding; (iv) any use of the right of set-off or any other self-help remedy or other remedy or action permitted by this Arbitration Provision; (v) any transfer or assignment of the Account; and (vi) any\nbankruptcy of any party (to the extent consistent with applicable bankruptcy law). Subject to paragraph (e), if any portion of this Arbitration Provision is deemed invalid or unenforceable, it shall not\ninvalidate the remaining portions of this Arbitration Provision, provided that such remaining portions are not then materially inconsistent with the terms of this Arbitration Provision prior to such\ndetermination of invalidity or unenforceability. In the event of a conflict or inconsistency between this Arbitration Provision and the applicable arbitration rules, this Arbitration Provision shall govern.\n(l) Right to Reject Arbitration: If you do not want this Arbitration Provision to apply, you may reject it by mailing a written notice to us at the following address that describes your Account and states\nthat you are rejecting this Arbitration Provision: FirstMerit Bank, Credit Card Arbitration Opt-Out, Attention: Bankcard Portfolio Manager \xe2\x80\x93 TOW829, 106 South Main Street, Akron, Ohio 44308.\nA rejection notice is effective only if it is signed by you and the envelope that the rejection notice is sent in is postmarked no more than 30 calendar days after the date you received the Consumer Credit\nCard Agreement. If you reject this Arbitration Provision, it will not affect any other provisions of the Agreement or your obligations under the Agreement. If you do not properly reject this Arbitration\nProvision, it will be effective the first time you or any authorized user use any Card or the Account.\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 the address provided on your billing statement.\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 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.\nYou must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.\nWhat Will Happen After We Receive Your Letter\nWhen we receive your letter, we must do two things:\n1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error.\n2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.\nWhile we investigate whether or not there has been an error:\n\xe2\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:\n\xe2\x80\xa2 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.\n\xe2\x80\xa2 If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date\npayment is due. We may then report you as delinquent if you do not pay the amount we think you owe.\nIf you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also\nreporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled\nbetween us.\nIf we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.\nYour Rights If You Are Dissatisfied With Your Credit Card Purchases\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 problem with the merchant, you may have the right not to\npay the remaining amount due on the purchase.\nTo use this right, all of the following must be true:\n1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are\nnecessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)\n2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify.\n3. You must not yet have fully paid for the purchase.\nIf all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the address provided on your billing statement.\nWhile we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you\ndo not pay, we may report you as delinquent.\n\nPAGE 6 of 6\n\n\x0c'


b'P.O. Box 123\nAnnapolis Junction, MD 20701-0123\n301-497-7000 \xe2\x80\xa2 800-787-8328\ntowerfcu.org\n\nEffective: 8/03/2020\n\nIMPORTANT CREDIT CARD DISCLOSURES\n\nImportant Note: This document contains disclosures for all three of Tower Federal Credit Union\'s credit card products. Please\nensure that you are reviewing the terms specific to the product for which you wish to apply.\n1. World Mastercard.........................................Page 2\n2. Gold Mastercard................................................Page 3\n3. Empower Mastercard..............................................Page 4\n\n\x0cP.O. Box 123\nAnnapolis Junction, MD 20701-0123\n301-497-7000 \xe2\x80\xa2 800-787-8328\ntowerfcu.org\n\nAPPLICATION AND SOLICITATION DISCLOSURE\nWORLD MASTERCARD\xc2\xae\n\nIMPORTANT CREDIT CARD DISCLOSURES\nThe following disclosure represents important details concerning your credit card. The information about costs of the\ncard are accurate as of July 1, 2020. You can contact us toll free at (800) 787-8328 or the address above to inquire if any\nchanges occurred since the effective date.\nINTEREST RATES and INTEREST CHARGES:\nAnnual Percentage Rate (APR)\nfor Purchases\n\n1.99% Introductory APR for 12 months as of account opening.\nAfter that, your Standard APR will be\n\n10.99% - 17.99%\n\ndepending on your credit history. This APR will vary with\nthe market based on the Prime Rate.\nAPR for Cash Advances\nand Balance Transfers\n\n10.99% - 17.99% depending on your credit history. This APR will vary with the market\nbased on the Prime Rate.\n\nPaying Interest\n\nYour due date is at least 25 days after we mail your billing statement. We will not\ncharge you interest on purchases if you pay your entire outstanding balance by the\ndue date each month. We will begin charging interest on cash advances and balance\ntransfers on the date the cash advance or balance transfer is posted to your account.\n\nMinimum Interest Charge\n\nNone\n\nFor Credit Card Tips from the\nConsumer Financial\nProtection Bureau\n\nTo learn more about factors to consider when applying for or using a credit card,\nvisit the website of the Consumer Financial Protection Bureau at\nhttp://www.consumerfinance.gov/learnmore\n\nFEES:\nFees to Open or Maintain your\nAccount\n- Annual Fee:\n- Application Fee:\n\nNone\nNone\n\nTransaction Fees\n- Balance Transfer:\n- Cash Advance:\n- Foreign Transaction:\n\nNone\n2.00% of the amount of each cash advance (minimum: $0.75)\nNone\n\nPenalty Fees\n- Late Payment:\n- Over-the-Credit Limit:\n- Returned Payment:\n\nUp to $25.00 if your payment is late 5 days or more.\nNone\nUp to $20.00 if your payment is returned for any reason.\n\nHow We Will Calculate Your Balance: We use a method called "average daily balance (including new purchases)."\nLoss of Introductory Rate: We may end your Introductory Rate and apply the Standard APR disclosed above if you make a\nlate payment.\nOther Fees: In addition to the fees disclosed above, the following fees may be imposed:\nStatement Copy Fee:\n$2.00 per page up to a maximum of $5.00 per statement month.\nSales Draft Copy Fee:\n$3.00\nCard Replacement Fee: $5.00\n\n9009 LASER FPDF FI1000602 10-2018\n\nCOPYRIGHT 2009 Securian Financial Group, Inc. All rights reserved.\n\n\x0cP.O. Box 123\nAnnapolis Junction, MD 20701-0123\n301-497-7000 \xe2\x80\xa2 800-787-8328\ntowerfcu.org\n\nAPPLICATION AND SOLICITATION DISCLOSURE\nGOLD MASTERCARD\xc2\xae\n\nIMPORTANT CREDIT CARD DISCLOSURES\nThe following disclosure represents important details concerning your credit card. The information about costs of the card are\naccurate as of July 1, 2020. You can contact us toll free at (800) 787-8328 or the address above to inquire if any changes\noccurred since the effective date.\nINTEREST RATES and INTEREST CHARGES:\nAnnual Percentage Rate (APR) for\nPurchases, Balance Transfers, and Cash\nAdvances\n\n10.90% - 15.90%\n\nPaying Interest\n\nYour due date is at least 25 days after we mail your billing statement. We will\nnot charge you interest on purchases if you pay your entire new purchase\nbalance by the due date each month. We will begin charging interest on cash\nadvances and balance transfers on the date the cash advance or balance\ntransfer is posted to your account.\n\nMinimum Interest Charge\n\nNone\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\ncard, visit the website of the Consumer Financial Protection Bureau at\nhttp://www.consumerfinance.gov/learnmore\n\ndepending on your credit history.\n\nFEES:\nFees to Open or Maintain your Account\n- Annual Fee:\n- Application Fee:\nTransaction Fees\n- Balance Transfer:\n- Cash Advance (ATM):\n- Cash Advance (Over-the-Counter):\n- Foreign Transaction:\nPenalty Fees\n- Late Payment:\n- Over-the-Credit Limit:\n- Returned Payment:\n\nNone\nNone\n\nNone\n$0.75 per cash advance\nNone\n1.10% of each transaction in U.S. dollars if the transaction involves a currency\nconversion\n\nUp to $20.00 if your payment is late 14 days or more\nNone\nNone\n\nHow We Will Calculate Your Balance: We use a method called "average daily balance (including new purchases)."\nOther Fees: In addition to the fees disclosed above, the following fees may be imposed:\nStatement Copy Fee:\n$2.00 per page up to a maximum of $5.00 per statement month.\nSales Draft Copy Fee:\n$3.00\nCard Replacement Fee: $5.00\n\n9009 LASER FPDF FI19184 Rev 4-2020\n\nCOPYRIGHT 2009 Securian Financial Group, Inc. All rights reserved.\n\n\x0cP.O. Box 123\nAnnapolis Junction, MD 20701-0123\n301-497-7000 \xe2\x80\xa2 800-787-8328\ntowerfcu.org\n\nAPPLICATION AND SOLICITATION DISCLOSURE\nEMPOWER MASTERCARD\xc2\xae\n\nIMPORTANT CREDIT CARD DISCLOSURES\nThe following disclosure represents important details concerning your credit card. The information about costs of the card are\naccurate as of July 1, 2020. You can contact us toll free at (800) 787-8328 or the address above to inquire if any changes\noccurred since the effective date.\nINTEREST RATES and INTEREST CHARGES:\nAnnual Percentage Rate (APR) for\nPurchases and Cash Advances\n\n\x1a\x11\x1c\x1c % -\x03\x14\x1a\x11\x1c\x1c %\ndepending on your credit history. This APR will vary with the market based on\x03\nthe Prime Rate.\n\nAPR for Balance Transfers*\n\n0% Introductory APR for 6 months from the date of the transfer. After that, your\x03\nStandard APR will be \x1a\x11\x1c\x1c % - \x14\x1a\x11\x1c\x1c % depending on your credit history. This\x03\nAPR will vary with the market based on the Prime Rate.\n\nPaying Interest\n\nYour due date is at least 25 days after we mail your billing statement. We will\nnot charge you interest on purchases if you pay your entire outstanding\nbalance by the due date each month. We will begin charging interest on cash\nadvances and balance transfers on the date the cash advance or balance\ntransfer is posted to your account.\n\nMinimum Interest Charge\n\nNone\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\ncard, visit the website of the Consumer Financial Protection Bureau at\nhttp://www.consumerfinance.gov/learnmore\n\nFEES:\nFees to Open or Maintain your Account\n- Annual Fee:\n- Application Fee:\nTransaction Fees\n- Balance Transfer:\n- Cash Advance:\n- Foreign Transaction:\nPenalty Fees\n- Late Payment:\n- Over-the-Credit Limit:\n- Returned Payment:\n\nNone\nNone\n\n2.50% of the amount of each transfer\n2.50% of the amount of each cash advance (minimum: $0.75)\n1.00% of each transaction in U.S. dollars if the transaction involves a currency\nconversion\nUp to $25.00 if your payment is late 5 days or more.\nNone\nUp to $20.00 if your payment is returned for any reason.\n\nHow We Will Calculate Your Balance: We use a method called "average daily balance (including new purchases)."\nLoss of Introductory Rate: We may end your Introductory Rate and apply the Standard APR disclosed above if you make a\nlate payment.\n*Introductory Rate is available only for balance transfers made within 60 days of account opening. Introductory Rate\ndoes not apply to balances transferred from other Tower Federal Credit Union credit cards or loans.\nOther Fees: In addition to the fees disclosed above, the following fees may be imposed:\nStatement Copy Fee:\n$2.00 per page up to a maximum of $5.00 per statement month.\nSales Draft Copy Fee:\n$3.00\nCard Replacement Fee: $5.00\n\n9009 LASER FPDF FI1001521 Rev 2-2021\n\nCOPYRIGHT 2009 Securian Financial Group, Inc. All rights reserved.\n\n\x0c'