b'\x0cF03-Y364-2\n\nIndigo\xc2\xae Platinum Mastercard\xc2\xae Cardholder Agreement\nDear Cardholder:\nThis Agreement, as de\xef\xac\x81ned below, is your contract for your Account and:\n\xe2\x80\xa2 Covers the terms that govern the use of your Account;\n\xe2\x80\xa2 Outlines both your responsibilities and ours;\n\xe2\x80\xa2 Includes certain disclosures required by the Federal Truth in\nLending Act;\n\xe2\x80\xa2 Includes certain disclosures required by the Federal Military\nLending Act;\n\xe2\x80\xa2 Includes an Arbitration of Disputes Provision that will substantially\naffect 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.\nPlease feel free to call us with any questions you may have. We look\nforward to serving you.\nCARDHOLDER AGREEMENT\nThis Agreement contains the terms that govern the use of your Indigo Platinum Mastercard\nAccount and outlines both your responsibilities and ours. Please read it in its entirety and\nkeep it for your reference. In addition, any written application, acceptance certi\xef\xac\x81cate or\nother request you signed or otherwise submitted for this Account (the \xe2\x80\x9cApplication\xe2\x80\x9d),\nyour Card and the Card Carrier that we send with your Card, and your signature (including\nany electronic or digital signature) on any Application, sales slip or other evidence of\nindebtedness on your Account, are hereby incorporated into and made a part of this\nAgreement. This Agreement begins on the earlier of (i) the date you sign or otherwise\nsubmit an Application that is approved by us, or (ii) the \xef\xac\x81rst date that we extend credit\nto you on your Account, as evidenced by a signed sales slip or memorandum, a Cash\nAdvance transaction, or otherwise.\nDe\xef\xac\x81nitions\nTo simplify this Agreement for you, the de\xef\xac\x81nitions 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 Cardholder(s) who holds the Card and is responsible for the Account,\neach of whom is individually and jointly obligated under this Agreement. The words we,\nus, and our refer to Celtic Bank.\nAccount: The credit card account for which you were issued a Card imprinted with your\nAccount number and that is subject to all of the terms and conditions of this Agreement.\nATM: Automated Teller Machine.\nBilling Cycle: The time interval covered by a monthly Statement. Each Billing Cycle is\napproximately 30 days in length; however, the speci\xef\xac\x81c period of time is described on\neach monthly Statement. Your Account will have a Billing Cycle even if a Statement is not\nrequired.\nCard: Any Indigo Platinum Mastercard issued by us that you may use to obtain a Cash\nAdvance, make Purchases, or lease goods or services on credit. Use of your Account\nnumber to obtain credit will be considered a use of the Card.\nCard Carrier: The carrier that contains your Card.\nCardholder: The person to whom a Card is issued, or who has agreed to pay obligations\narising from a Card issued to another person.\nCash Advance: Credit extended to you in the form of a cash loan through any \xef\xac\x81nancial\ninstitution honoring the Card either presented directly or through any other credit\ninstrument, check, device, overdraft coverage plan or ATM that we make available to you\nor that you use. All cash equivalent transactions will be treated as Cash Advances and\nwill be billed to the Cash Advance segment of your Account. Transactions that we view\nas \xe2\x80\x9ccash equivalent transactions\xe2\x80\x9d include without limitation using your Card to purchase\nwire transfer money orders, bets, lottery tickets, casino gaming chips, and other similar\nproducts and services.\nClosing Date: The date of the last day of a Billing Cycle.\nCredit Limit: The maximum amount of credit available to you on your Account. Your Credit\nLimit will be disclosed on your Card Carrier and your monthly Statements.\nPurchase: Any extension of credit to your Account for the purpose of purchasing or leasing\ngoods or services from participating establishments.\nStatement: A monthly document we provide to you showing Account information\nincluding, among other things, Purchase and Cash Advance transactions, credits and\ndebits, payments, fees, and interest charges made to your Account during a Billing Cycle.\nPurchases and Cash Advances\nYou may use your Card to purchase or lease goods or services from participating\nestablishments. You may also use your Card to obtain Cash Advances from your Account\nat an ATM, or by presenting it to any institution that accepts the Card for that purpose.\nThere are dollar limitations on individual Cash Advance transactions, and we may set a\nCash Advance Limit for your Account. Please contact us for information about the Cash\nAdvance limitations that apply to your Account. In addition, we may limit your Account to\nonly one Cash Advance transaction per day.\nYou promise to pay us and are liable for all amounts resulting from the authorized use of\nyour Card or Account, plus any applicable interest charges and other applicable charges\nor fees, payable in U.S. dollars. This includes amounts where you did not sign a purchase\nslip or other documents for the transaction. If you use your Account number without\npresenting your actual Card, such as for mail, telephone, or internet purchases, this will\nbe treated the same way as if you presented your Card. Your promise to pay us will apply\nto your estate if you die.\nWe may limit and restrict the use of the Account/Card at our discretion. Such limitations\nand restrictions include, but are not limited to, gambling transactions, which include, but\nare not limited to, internet-related lottery tickets, casino gambling chips, off-track betting\nand wagers at racetracks. You remain responsible for use of your Account/Card in any\nsuch transactions.\nThe Card may only be used for valid and lawful purposes. If you use, or you authorize\nsomeone else to use, the Card or Account for an unlawful or impermissible purpose, you\nwill be responsible for such use and may be required to reimburse us or Mastercard for\nany amounts or expenses we or they incur as a result of such use.\nThe Card is and remains our property, and you will surrender it to us at any time upon\nrequest.\nYour Credit Limit\nYou may not use your Account in any way that would cause you to go over your Credit\nLimit. We may refuse to authorize or accept any transaction on your Account that would\ncause you to exceed your Credit Limit, even if you have authorized us to charge you an\nOverlimit Fee for doing so. We may temporarily agree to allow you to exceed your Credit\nLimit; however, in that case you must repay the excess amount according to the terms of\nthis Agreement. Any transactions honored in excess of your Credit Limit will not result in an\nincrease of your Credit Limit. We may at any time and without prior notice to you increase\nor decrease your Credit Limit, limit the Credit Limit for Cash Advances or take away your\nability to obtain Cash Advances.\nMAKING PAYMENTS\nMonthly Statements\nWe will send a Statement at the end of each monthly Billing Cycle if there is a debit or\ncredit balance on your account of $1 or more, a balance on which an interest charge has\nbeen imposed, or as otherwise required by applicable law. You agree to pay us, or any\nparty to whom we may transfer and assign your Account or the amounts owing under your\nAccount, in U.S. dollars according to all terms and conditions of this Agreement. Payments\nmade by a check, money order or other negotiable instrument must be in a form acceptable\nto us and drawn on a U.S. \xef\xac\x81nancial institution.\nMonthly Minimum Payment\nThe Monthly Minimum Payment is 7% of your New Balance or $40, whichever is greater. If\nyou elect not to pay your New Balance in full, you must pay at least the Monthly Minimum\nPayment by the Payment Due Date shown on your Statement, which is at least 25 days\nafter the Closing Date of the Billing Cycle. Your Monthly Minimum Payment also will include\nany past due amount or any amount by which the New Balance exceeds your Credit Limit,\nwhichever is greater. If your New Balance is less than or equal to your Monthly Minimum\nPayment, then your Monthly Minimum Payment will be equal to your New Balance.\nPayments should be mailed with the payment coupon and in the envelope provided and\nfollowing the other instructions on the Statement to Genesis FS Card Services, P.O.\nBox 23039, Columbus, GA 31902-3039. Any payment received in that form and at that\naddress on or before 5:00 P.M., Eastern Time, on a normal banking day will be credited\nto your Account that day. If your payment is received 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. However, if your Payment Due Date\noccurs on a non-banking day, any payment received the next day which conforms to the\nabove requirements will not be treated as late. Please allow at least seven (7) business\ndays for postal delivery. Payments received by us at any other location or in any other form\nmay not be credited as of the day we receive them.\nIf we accept a payment at a place other than the address in the immediately preceding\nparagraph, we may delay the crediting of the payment for up to \xef\xac\x81ve (5) days. This may\ncause you to incur Late Payment Fees and additional interest charges, and may result in\nyour Account being declared in default.\nWe do not accept cash payments through the mail. You may not make payments with\nfunds from your Account or any other credit account issued by us.\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\n\xef\xac\x81nancial institution.\nAt any time, you may pay part or all of the full amount you owe without incurring any\nadditional charge for prepayment. The amount of any payment that exceeds your total New\nBalance will be applied as a credit to your Account, and any remaining credit balance will\nbe refunded as required by law.\nCredit availability may be delayed at our sole discretion to ensure payment in good funds.\nYour available credit on your Credit Limit may not re\xef\xac\x82ect your payments for up to 14 days.\nApplication of Payments\nFor each Billing Cycle, payments up to the amount of your Monthly Minimum Payment will\nbe allocated in any way we determine, including to balances with lower Annual Percentage\nRates before balances with higher Annual Percentage Rates. We will generally apply\npayments up to the amount of your Monthly Minimum Payment in a manner most favorable\nor convenient for us.\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.\nHOW INTEREST CHARGES ARE DETERMINED\nYour interest charge for any Billing Cycle will include the following components, the total\nof which constitutes your total interest charge for the Billing Cycle:\n1. A Cash Advance Transaction Fee interest charge imposed on each Cash Advance\ntransaction posted during a Billing Cycle, in an amount equal to the greater of $5 or\n\n5% of the amount of each Cash Advance. Any unpaid Cash Advance Transaction Fee\ninterest charges will be added to the calculation of your Average Daily Balance of Cash\nAdvances. We will not charge any Cash Advance Transaction Fees, however, during the\none-year period beginning on the date you open your Account.\n2. Periodic interest charge computed by applying the applicable Monthly Periodic Rate\nor Rates, determined as provided below under Computing the Purchase and Cash\nAdvance Balance Monthly Periodic Rates and Corresponding Annual Percentage\nRates (APR) to:\na. your Average Daily Balance of Cash Advances (including new Cash Advances); and\nb. your Average Daily Balance of Purchases (including new Purchases).\nHowever, if the total of the amounts so computed is an amount less than $.50, then a\nminimum interest charge of $.50 will be imposed instead of such smaller amounts and\nwill be treated as an interest charge on Purchases.\n3. A Foreign Currency Conversion Fee interest charge in an amount equal to 1% of the\nconverted U.S. dollar amount of each transaction, including Cash Advances and\nPurchases, that is effected in any currency other than U.S. dollars.\nWhen Interest Charges Begin to Accrue\nInterest charges on Purchases will be imposed at the applicable Monthly Periodic Rate\nfrom the date each Purchase is made, and will continue to accrue on unpaid balances as\nlong as they remain unpaid. However, we do not assess interest charges in the following\ncircumstances:\n1. If you paid the New Balance at the beginning of your previous Billing Cycle by the\nPayment Due Date during the previous Billing Cycle, or if that New Balance was $0 or\na credit balance, then:\na. if you pay the New Balance on your current Statement in full by the Payment Due\nDate in your current Billing Cycle, we will not assess interest charges on Purchases\nduring your current Billing Cycle; and\nb. if you make a payment that is less than the New Balance by the Payment Due Date\nin your current Billing Cycle, we will credit that payment as of the \xef\xac\x81rst day in your\ncurrent Billing Cycle.\n2. If you had a New Balance at the beginning of your previous Billing Cycle and you did not\npay that New Balance by the Payment Due Date during that previous Billing Cycle, then\nwe will not assess interest charges on any Purchases during the current Billing Cycle if\nyou pay the New Balance at the beginning of your current Billing Cycle by the Payment\nDue Date in your current Billing Cycle.\nPeriodic interest charges on Cash Advances will be imposed at the applicable Monthly\nPeriodic Rate from the date each Cash Advance is made and will continue to accrue\non unpaid balances as long as they remain unpaid. There is no grace period on Cash\nAdvances and there is no period within which to pay to avoid interest charges on Cash\nAdvances.\nCalculating the Purchase and Cash Advance Balance Subject to Interest Charges\nAverage Daily Balance of Purchases (including new Purchases): To get the Average\nDaily Balance of Purchases, we take the beginning Purchase balance of your Account each\nday, including unpaid interest charges on Purchases and Foreign Currency Conversion Fee\ninterest charges on Purchases, add any new Purchases as of the date of transaction, and\nsubtract the applicable portion of any payments and credits as of the transaction date. On\nthe \xef\xac\x81rst day of a Billing Cycle, we also add any unpaid Late Payment Fees, and Overlimit\nFees. We add all other unpaid fees (including Annual Fees, Returned Payment Fees, and\nForeign Currency Conversion Fees) to the Purchase balance on the on the day the fees are\nposted to your Account. This gives us the daily balance for Purchases. Then we add all\nthese daily balances for the Billing Cycle together and divide the total by the number of days\nin the Billing Cycle. This gives us the Average Daily Balance of Purchases.\nAverage Daily Balance of Cash Advances (including new Cash Advances): To get the\nAverage Daily Balance of Cash Advances, we take the beginning Cash Advance balance of\nyour Account each day, including unpaid interest charges on Cash Advances and Foreign\nCurrency Conversion Fee interest charges on Cash Advances, add any new Cash Advances\nas of the date of transaction, add the Cash Advance Transaction Fee interest charge on\nany Cash Advances as of the transaction date of each Cash Advance, and subtract the\napplicable portion of any payments and credits as of the transaction date. This gives us\nthe daily balance for Cash Advances. Then we add all these daily balances for the Billing\nCycle together and divide the total by the number of days in the Billing Cycle. This gives us\nthe Average Daily Balance of Cash Advances.\nComputing the Purchase and Cash Advance Balance Monthly Periodic Rates and\nCorresponding Annual Percentage Rates (APR)\nMonthly Periodic Rates: The Monthly Periodic Rate is calculated by dividing the APR\nby 12. The standard Purchase APR is 24.9% and the standard Monthly Periodic Rate for\nPurchases is 2.075%. The standard Purchase APR and Monthly Periodic Rate will apply\nto Purchases unless the penalty APR and Monthly Periodic Rate apply, as described in\nthe next paragraph.\nThe APR and Monthly Periodic Rate for Purchases will increase if we do not receive any\nMonthly Minimum Payment within 60 days of the date and time due. In such circumstance,\nthe penalty APR and Monthly Periodic Rate will apply to your Purchases, including new\nPurchases and existing Purchase balances. The penalty Purchase APR is 29.9% and the\npenalty Monthly Periodic Rate for Purchases is 2.4916%. If we receive six consecutive\nMonthly Minimum Payments when due after the increase to the penalty APR, then, starting\nwith the next Billing Cycle, the penalty APR will no longer apply and the standard APR will\napply to all Purchases. Otherwise, the penalty rate may continue to apply to your Account\ninde\xef\xac\x81nitely.\nThe Cash Advance APR is 29.9% and the Monthly Periodic Rate for Cash Advances is\n2.4916%.\nOTHER FEES\nIn addition to interest charges, a variety of fees may be applied to your Account, as set\nforth below.\nAnnual Fee\nWe will charge an initial Annual Fee of $59 to your Account on or about the date your\nAccount is opened and then a renewal Annual Fee of $59 on or about each anniversary\nof that date. The initial Annual Fee is nonrefundable; the renewal Annual Fee is also\nnonrefundable unless you notify us to cancel your Account within 30 days from the mailing\ndate of the billing Statement or other communication containing the renewal Annual Fee\nnotice.\nLate Payment Fee\nIf we do not receive your Monthly Minimum Payment by the Closing Date of the Billing\nCycle in which the Payment Due Date occurs and the amount past due on your Account is\nmore than $9.99, we will charge a Late Payment Fee to your Account. The Late Payment\nFee is $29 if you were not charged a Late Payment Fee during any of the prior six Billing\nCycles. Otherwise, the Late Payment Fee is $40. The Late Payment Fee will never exceed\nthe amount of your most recently required Monthly Minimum Payment.\nMinimum Interest Charge Fee\nIf the periodic interest charge amounts computed in the How Interest Charges Are\nDetermined section are an amount less than $.50, then a Minimum Interest Charge Fee of\n$.50 will be charged instead of such smaller amounts and will be treated as a fee on your\nbilling statement and added to your Purchases at our discretion.\nReturned Payment Fee\nIf any payment on your Account is returned to us unpaid for any reason, we will charge a\nReturned Payment Fee to your Account. The Returned Payment Fee is $29 if you were not\ncharged a Returned Payment Fee during any of the prior six Billing Cycles. Otherwise, the\nReturned Payment Fee is $40. The Returned Payment Fee will never exceed the amount of\nyour most recently required Monthly Minimum Payment.\nOverlimit Fee\nIf you elected to have overlimit coverage, we may charge an Overlimit Fee when a\ntransaction causes you to go over or remain over your Credit Limit during any Billing Cycle.\nWe may also charge you two additional Overlimit Fees if your New Balance remains over\nyour Credit Limit as of the Payment Due Date in future Billing Cycles. We will only charge\nyou one Overlimit Fee per Billing Cycle, even if you go over your Credit Limit multiple times\nin the same Billing Cycle. The Overlimit Fee is $29 if you were not charged an Overlimit\nFee during any of the prior six Billing Cycles. Otherwise, the Overlimit Fee is $40. The\nOverlimit Fee will never exceed the maximum amount you are over your Credit Limit during\nthe Billing Cycle.\nDocumentation Fee\nYou may request a copy of a Statement previously sent to you for a Documentation Fee of\n$3 per Statement, which will be applied to your Account. Copies of sales tickets or other\nitems posted to your Account may be obtained for a Documentation Fee of $10 per sales\nticket or other item, which will be applied to your Account. Notwithstanding the foregoing,\nwe will not impose any fee in connection with a good faith assertion of a billing error or\nother exercise of your Billing Rights (see below under \xe2\x80\x9cYour Billing Rights - Keep This\nNotice for Future Use\xe2\x80\x9d).\nMILITARY LENDING ACT\nThe Military Lending Act provides protections for Covered Borrowers. The provisions of this\nsection apply to Covered Borrowers. If you would like more information about whether you\nare a Covered Borrower, you may contact us at 1-866-875-5929.\nStatement of MAPR\nFederal law provides important protections to members of the Armed Forces and their\ndependents relating to extensions of consumer credit. In general, the cost of consumer\ncredit to a member of the Armed Forces and his or her dependent may not exceed an\nAnnual Percentage Rate of 36%. This rate must include, as applicable to the credit\ntransaction or account: (1) the costs associated with credit insurance premiums; (2) fees\nfor ancillary products sold in connection with the credit transaction; (3) any application fee\ncharged (other than certain application fees for speci\xef\xac\x81ed credit transactions or accounts);\nand (4) any participation fee charged (other than certain participation fees for a credit card\naccount).\nOral Disclosures\nIn order to hear important disclosures and payment information about this Agreement, you\nmay 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 Covered\nBorrowers.\nLOST CARDS AND UNAUTHORIZED USE\nYou will take reasonable steps to prevent the unauthorized use of your Card and Account.\nIf your Card is lost or stolen or if someone else might be using it without your permission,\nyou must tell us at once. You may tell us by calling the telephone number on the back of\nyour Card or on your Statement or by writing us at the address on your Statement. You\nwill not be responsible for the charges made to your Account that are found by us to be\nunauthorized. If we reimburse your Account for unauthorized charges made using your\nCard or Account, you will help us investigate, pursue, and get reimbursement from the\nwrongdoer. Your help includes giving us documents that we ask for and are acceptable\nto us.\n\n. . . CONTINUED ON REVERSE\n\nJOB SPECS:\nFlat Size:\n8\xe2\x80\x9d x 22.5\xe2\x80\x9d\nFinished Size:\n8\xe2\x80\x9d x 3.75\xe2\x80\x9d\nColors:\nFront: Black\nBack: Black\nBleed: No\nNote: None\n\n\x0cCOMMUNICATIONS\nTelephone Monitoring and Recording; Communications\nYou consent and agree that, except as restricted by applicable law, we may monitor and/or\nrecord telephone calls regarding your Account, suppress caller identi\xef\xac\x81cation services, use\nprerecorded messages, and use an automated telephone dialing and announcing system.\nYou expressly consent that we and our agents, any servicer, or any subsequent owner of\nyour Account may (i) contact you at any cellular telephone number that you provided as\npart of your application, at any number that you later provide (including, without limitation,\nafter your Account is in a default status), or at any other number that is identi\xef\xac\x81ed as related\nto you, including by text message, and (ii) use automated telephone dialing systems to\ninitiate such contacts and/or leave recorded messages.\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.\nWe or our representatives may contact you from time to time regarding the Account, or\nto ask for additional information about you or your experience with us. You agree that\nsuch contacts are not unsolicited and may include contacts at your home or place of\nemployment, during weekdays, weekends or holidays, on your mobile telephone, voicemail\nor answering machine, or by email, fax, recorded message, text message or personal visit.\nHow to Revoke Consent for Future Communications: If you want to revoke your consent\nto future communications as described in the previous paragraph, you must send us a\nwritten notice that includes: (i) your name, mailing address, and Account number(s);\n(ii) the speci\xef\xac\x81c telephone number(s), email address(es) and/or mailing address(es)\nat which you no longer wish us to contact you, and (iii) the types of communications\n(telephone, text, email, and/or mail) for which you are revoking consent. You must send\nthis written notice to: Genesis FS Card Services, PO Box 4477, Beaverton, OR 97076.\nYou understand and agree that it may take up to three business days after receipt of your\nwritten notice to process your request, and that you consent to continued communications\nduring this period of time.\nOUR RIGHTS AND HOW THEY AFFECT YOU\nMerchant Refunds\nIf a merchant agrees to give you a refund for goods or services purchased with your Card\nor Account, you will accept a credit on your Account instead of a cash refund. We do not\ncontrol when a merchant sends us your refund and we will have reasonable amount of time\nafter we receive your refund to process it.\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 \xe2\x80\x9cwithout\nrecourse,\xe2\x80\x9d or similar language. If you send such a payment, we may accept it without\nlosing any of our rights under this Agreement. All written communications concerning\ndisputed amounts, including any check or other payment instrument that indicated\nthat the payment constitutes \xe2\x80\x9cpayment in full\xe2\x80\x9d of the amount owed or that is tendered\nwith other conditions or limitations or as full satisfaction of a disputed amount, must\nbe mailed or delivered to Genesis FS Card Services, P.O. Box 4499, Beaverton,\nOregon 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 your\nAccount. We (including any assignee of the Account or amounts owing under the Account)\nmay also obtain information about you from credit reporting agencies or others at any time\nand use it for the purposes of monitoring your credit performance, managing your Account\nand 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 reported\nor may report to a credit reporting agency information about you that is inaccurate, please\nnotify us of the speci\xef\xac\x81c information that you believe is inaccurate by writing to us at\nGenesis FS Card Services, P.O. Box 4499, Beaverton, OR 97076.\nDefault and Collection\nUnless prohibited by applicable law, your Account is considered to be in default if (1) you\nfail to make the required Monthly Minimum Payment on or before the Payment Due Date,\nincluding if your payment is returned or cannot be processed and you do not correct\nthat failure within 31 days, (2) you try to exceed or do exceed your Credit Limit without\npermission and do not bring your Account back under your Credit Limit within 31 days,\n(3) you become subject to bankruptcy or insolvency proceedings, (4) you become subject\nto attachment or garnishment proceedings, (5) you give us any false information or\nsignature, (6) you die, or (7) you fail to comply with any portion of this Agreement. Our\naccepting a late or partial payment does not waive default. Default on this Account will\nconstitute default on all accounts you hold with us. Subject to any notice of default and\nright to cure or other restrictions of applicable law, if you are in default, we may declare\nthe entire balance due immediately. You agree to pay our reasonable costs and attorneys\xe2\x80\x99\nfees and expenses related to the collection of your Account, and retrieving your Card, to\nthe extent permitted 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 Agreement.\nIf required by applicable law, we will mail written notice of such a change to you in\nthe manner required by such law. As of the effective date, the changed or new terms\nwill apply to new Purchases and Cash Advances and also to the outstanding balance of\nyour 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 Card\nAs the Cardholder(s), you are liable for all credit obtained under your Account. If you or\nan Authorized User authorizes another person to use your Card, you are liable for any\ncredit obtained on your Account for as long as that person holds the Card. In addition,\nyou will remain liable until you recover possession of the Card. Misuse of your Card\nby an authorized person will not be considered unauthorized use. See \xe2\x80\x9cLost Cards and\nUnauthorized Use\xe2\x80\x9d above. Upon demand, you must immediately return any Card we supply\nto you or destroy the Card by cutting it in half.\nAuthorized Users\nIf you ask us to issue a Card to any other person and we agree, they are an Authorized\nUser. We may require certain information about an Authorized User. We may also discuss\nyour Account with an Authorized User and provide them with Account information. You will\nbe responsible for the Authorized User\xe2\x80\x99s use of the Card and Account as well as anyone\nelse they allow to use your Card or Account. This will be true even if you did not want, or\nagree to, the use.\nRemoving an Authorized User\nIf you want to remove an Authorized User from your Account, you must contact us and\nrequest their removal. We will have a reasonable amount of time after we receive your\nrequest to remove them. You also must immediately destroy all Cards in their possession\nand cancel all of their billing arrangements to the Account. We will not do this for you.\nDuring this time, you still will be responsible for all amounts they, or another person they\nauthorize to use the Card, charge to the Account. You will be responsible even if these\namounts do not appear on your Account until later.\nAn Authorized User may remove themselves from the Account upon their request. We\nreserve the right to remove them from your Account for any reason. To remove them\nfrom your Account, we may close your existing Account and issue a new Card with a new\nAccount number.\nTransactions\nYou will retain for Statement veri\xef\xac\x81cation your copy of each Purchase slip, Cash Advance\nor other transaction to your Account.\nTransfer of Your Account\nYou may not transfer your Account to any other person. We may assign your Account\nor amounts owing under your Account to any other person at any time and the assignee\nwill take 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.\nClosing or Suspending Your Account\nWe may close or suspend your Account or your ability to obtain credit on your Account,\nor both, at any time, for any reason permitted by law and with or without advance notice.\nYou may close your Account at any time by contacting us. The closure of Account will not\nbecome effective until you have returned to us all of the Cards we have given you. If you\nhave a joint Account and want to remove one of the names from the Account, we must\nreceive a written request signed by both of the Cardholders on the Account and all Cards\nmust be returned upon request. No party is released from the obligation for the balance\nowing on a joint Account, unless we agree to the arrangements in writing. You may have\nto reapply for a new Card for an individual Account when you request a change from a joint\nAccount to an individual Account.\nIf your Account is closed or suspended for any reason, you must stop using your Card.\nYou must also cancel all billing arrangements to the Account. We will not do this for you. If\nwe close or permanently suspend your Account, you must also return all Cards to us. You\nmust still pay us all amounts you owe on the Account, even if they are charged after your\nAccount is closed or suspended.\nAdditional Bene\xef\xac\x81ts and Services\nFrom time to time, we may offer you bene\xef\xac\x81ts and services with your Account. These\nbene\xef\xac\x81ts and services may be provided by us or third parties. Unless expressly made a part\nof this Agreement, and except as provided in the Arbitration of Disputes section below,\nany such bene\xef\xac\x81ts and services are not a part of this Agreement, and are subject only to\nthe terms and conditions outlined in the bene\xef\xac\x81ts or services brochure and other of\xef\xac\x81cial\ndocuments provided to you with respect to the bene\xef\xac\x81ts and services. We may adjust, add,\nor delete bene\xef\xac\x81ts or services at any time in accordance with the brochures or documents\nyou receive. Except as required by applicable law, we are not liable for bene\xef\xac\x81ts or services\nprovided by third parties or the actions or omissions of those third parties.\nForeign Currency Conversion\nPayment must be made in U.S. Dollars for charges you incur in any other currency. If\nyou effect a transaction with your Card in a currency other than U.S. Dollars, Mastercard\nInternational Incorporated (\xe2\x80\x9cMastercard\xe2\x80\x9d) will convert the charge into a U.S. Dollar amount.\nMastercard will act in accordance with its operating regulations or conversion procedures\nin effect at the time that the transaction is processed. Currently, the currency conversion\nrate used by Mastercard to determine the transaction amount in U.S. Dollars for such\ntransactions is generally either a government mandated rate or a wholesale rate determined\nby Mastercard for the processing cycle in which the transaction is processed. The currency\nconversion rate used by Mastercard on the processing date may differ from the rate that\nwould have been used on the Purchase date or monthly Statement posting date. We will\nalso assess a Foreign Currency Conversion Fee interest charge as described in the \xe2\x80\x9cHow\nInterest Charges are Determined\xe2\x80\x9d section.\nHonoring Your Card\nWe are not responsible if anyone refuses to accept your Card or Account for any reason.\nAlthough you may have credit available, we may decline any transaction for any reason.\nWe are not liable for any refusal to honor your Card or Account.\nFrom time to time, due to circumstances beyond our control (such as system failures,\nnatural disasters, or other unpredictable events), our services may not be available. When\nthis happens, you may be unable to use your Card or obtain information about your\nAccount. We will not be responsible or liable if this happens.\n\nChange of Address, Employment and Telephone\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.\nSeverability\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 other documents incorporated herein by reference) constitutes\nthe \xef\xac\x81nal expression of the credit agreement between you and us relating to your Account.\nThe headings used in this Agreement are for the convenience of reference only and are not\nintended to de\xef\xac\x81ne or describe the scope or intent of any portion of the Agreement.\nGoverning Law\nExcept as expressly set forth in the Arbitration of Disputes section, this Agreement and\nthe interpretation and enforcement thereof (including but not limited to the exportation\nof interest rates) will be governed by Federal law that applies to us, and to the extent not\npreempted by Federal law, the laws of the State of Utah, without regard to its con\xef\xac\x82icts\nof law provisions and principles. If there is any con\xef\xac\x82ict between any of the terms and\nconditions of this Agreement and applicable Federal or State law, this Agreement will be\nconsidered changed to the extent necessary to comply with the applicable law.\nArbitration of Disputes Provision\nPLEASE READ THIS ARBITRATION OF DISPUTES PROVISION CAREFULLY. UNLESS YOU\nSEND US THE REJECTION NOTICE DESCRIBED BELOW, THIS PROVISION WILL APPLY\nTO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU, ON THE ONE HAND, AND US\nOR ANY SERVICER OF YOUR ACCOUNT, ON THE OTHER HAND, WILL BE SUBJECT TO\nINDIVIDUAL ARBITRATION. 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 CLASS\nACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND\n(4) APPEAL RIGHTS WILL BE LIMITED. THIS ARBITRATION OF DISPUTES PROVISION\nDOES NOT APPLY TO YOU IF, AS OF THE DATE OF THIS AGREEMENT, YOU ARE A\nMEMBER OF THE ARMED FORCES OR A DEPENDENT OF SUCH MEMBER ENTITLED TO\nPROTECTION UNDER THE FEDERAL MILITARY LENDING ACT. PLEASE SEE THE SECTION\nOF THIS AGREEMENT LABELED \xe2\x80\x9cMILITARY LENDING ACT.\xe2\x80\x9d IF YOU WOULD LIKE MORE\nINFORMATION ABOUT WHETHER YOU ARE ENTITLED TO PROTECTION UNDER THE\nFEDERAL MILITARY LENDING ACT, YOU MAY CONTACT US AT 1-866-875-5929.\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\nCardholder and/or Authorized User, on the one hand, and us, our af\xef\xac\x81liates, and agents, and/\nor any servicer of your Account on the other hand, if the dispute or claim arises out of or\nis related to (a) this Agreement (including without limitation, any dispute over the validity\nof this Agreement to arbitrate disputes or of this entire Agreement), or (b) your Account,\nor (c) any relationship resulting from this Agreement, or (d) any insurance or other service\nrelated to your Account, or (e) any other agreement related to your Account (including\nprior agreements) or any such service, or (f) breach of this Agreement or any other such\nagreement, whether based on statute, contract, tort or any other legal theory (any \xe2\x80\x9cClaim\xe2\x80\x9d).\nHowever, we will not require you to arbitrate any individual Claims in small claims court or\nyour state\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 OR ANY SERVICER OF YOUR ACCOUNT\nIN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US OR\nANY SERVICER OF YOUR ACCOUNT ON BEHALF OF ANY CARDHOLDER WHO IS NOT\nA JOINT CARDHOLDER WITH YOU OR AN AUTHORIZED USER ON YOUR ACCOUNT (AN\n\xe2\x80\x9cUNRELATED CARDHOLDER\xe2\x80\x9d), AND YOU AGREE THAT NO UNRELATED CARDHOLDER\nMAY BRING ANY CLAIMS AGAINST US OR ANY SERVICER OF YOUR ACCOUNT ON YOUR\nBEHALF. CLAIMS BY YOU AND AN UNRELATED CARDHOLDER MAY NOT BE JOINED IN\nA SINGLE ARBITRATION. THE ARBITRATOR WILL NOT HAVE THE POWER TO CONSIDER\nSUCH CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTIONS OR ANY\nSUCH CLAIMS YOU BRING ON BEHALF OF AN UNRELATED CARDHOLDER.\nJudgment on the arbitration award may be entered in any court having jurisdiction.\nAny dispute 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 or any servicer of your Account elect to arbitrate a claim, the electing party\nmust notify the other party in writing. The notice can be given after the beginning of a\nlawsuit and can be given in papers \xef\xac\x81led in the lawsuit. Otherwise, your notice must be\nsent to Genesis FS Card Services, Attn: Arbitration Demand, P.O. Box 4477, Beaverton,\nOregon 97076, and our notice must be sent to the most recent address for you in our\n\xef\xac\x81les. The arbitration will be administered by the American Arbitration Association (the\n\xe2\x80\x9cAAA\xe2\x80\x9d) under its rules in effect at the time an arbitration is commenced that are applicable\nto the resolution of consumer disputes (the \xe2\x80\x9cArbitration Rules\xe2\x80\x9d). We will tell you how to\ncontact the AAA and how to get a copy of the Arbitration Rules without cost if you ask us\nin writing to do so. The Arbitration Rules permit you to request deferral or reduction of the\nadministrative fees of arbitration if paying them would cause you a hardship. In addition,\nif you ask us in writing, we will consider your request to pay any or all of your costs of\narbitration.\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 only\nsuch relief as a court of competent jurisdiction could properly award under applicable\nlaw, including attorneys\xe2\x80\x99 fees if allowed by applicable law or agreement. All statutes of\nlimitation, defenses, and attorney-client and other privileges that would apply in a court\nproceeding 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 this\nProvision, you must send us a notice within 60 days after you open your Account or we\n\xef\xac\x81rst provide you with a right to reject this Provision. This notice must include your name,\naddress and Account Number and be mailed to Genesis FS Card Services, Attn: Arbitration\nProvision, P.O. Box 4477, Beaverton, Oregon 97076. This is the only way you can reject\nthis Provision.\nYOUR BILLING RIGHTS \xe2\x80\x93 KEEP THIS NOTICE FOR FUTURE USE\nThis notice tells you about your rights and our responsibilities under the Fair Credit Billing\nAct.\nWhat To Do If You Think You Find A Mistake On Your Statement\nIf you think there is an error on your Statement, please write to us at: Genesis FS Card\nServices, P.O. Box 4499, Beaverton, OR 97076-4499.\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\nyou 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, if you\nwant 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\nare not required to investigate any potential errors, and you may have to pay the amount\nin question.\nWhat Will Happen After We Receive Your Letter\nWhen we receive your letter, we must do two things:\n1. Within 30 days of receiving your letter, we must tell you that we received your letter.\nWe will also tell you if we have already corrected the error.\n2. Within 90 days of receiving your letter, we must either correct the error or explain to\nyou why we believe the bill is correct.\nWhile we investigate whether or not there has been an error:\n\xe2\x80\xa2 We cannot try to collect the amount in question, or report you as delinquent on that\namount.\n\xe2\x80\xa2 The charge in question may remain on your Statement, and we may continue to\ncharge 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\nremainder of your balance.\n\xe2\x80\xa2 We can apply any unpaid amount against your Credit Limit.\nAfter we \xef\xac\x81nish our investigation, one of two things will happen:\n\xe2\x80\xa2 If we made a mistake: You will not have to pay the amount in question or any interest\nor other fees related to that amount.\n\xe2\x80\xa2 If we do not believe there was a mistake: You will have to pay the amount in question,\nalong with applicable interest and fees. We will then send you a Statement of the\namount you owe and the date payment is due. We may then report you as delinquent\nif 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\nwithin 10 days telling us that you still refuse to pay. If you do so, we cannot report you\nas delinquent without also reporting that you are questioning your bill. We must tell you\nthe name of anyone to whom we reported you as delinquent, and we must let those\norganizations know when the matter has been settled between us. If we do not follow all\nof the rules above, you do not have to pay the \xef\xac\x81rst $50 of the amount you question, even\nif your bill is correct.\nYour Rights If You Are Dissatis\xef\xac\x81ed With Your Credit Card Purchases\nIf you are dissatis\xef\xac\x81ed with the goods or services that you have purchased with your credit\ncard, and you have tried in good faith to correct the problem with the merchant, you may\nhave the right not to pay the remaining amount due on the Purchase. To use this right, all\nof the following must be true:\n1. The Purchase must have been made in your home state or within 100 miles of\nyour current mailing address, and the Purchase price must have been more than\n$50. (Note: Neither of these are necessary if your Purchase was based on an\nadvertisement we mailed to you, or if we own the company that sold you the goods\nor services.)\n2. You must have used your credit card for the Purchase. Purchases made with cash\nadvances from an ATM or with a check that accesses your credit card account do\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 dissatis\xef\xac\x81ed with the Purchase, contact us\nin writing at Genesis FS Card Services, P.O. Box 4499, Beaverton, OR 97076-4499. While\nwe investigate, the same rules apply to the disputed amount as discussed above. After we\n\xef\xac\x81nish our investigation, we will tell you our decision. At that point, if we think you owe an\namount and you do not pay, we may report you as delinquent.\nThe Card Issuer:\nCeltic Bank\nF03-Y364-2\n\n\x0c'