b'FR833282333 INFINITI\xc2\xae VISA SIGNATURE\xc2\xae CREDIT CARD\nT&C DC PDF WF2171020B, WF2171020C\n6/2020\n\nSYNCHRONY BANK\nSECTION I: RATES AND FEES TABLE\nINFINITI\xc2\xae VISA SIGNATURE\xc2\xae CREDIT CARD ACCOUNT AGREEMENT\nPRICING INFORMATION\nInterest Rates and Interest Charges\nAnnual Percentage Rate\n(APR) for Purchases\n\nThe APR for purchases is the prime rate plus (i) 13.99% for Account Type 1, or (ii)\n19.99% for Account Type 2.\nRates are determined when you open your account, based on your creditworthiness and\nother factors.\nThese rates will vary with the market based on the Prime Rate.\n\nAPR for Cash Advances\n\nThe APR for cash advances is the prime rate plus 21.99%.\nThis APR will vary with the market based on the Prime Rate.\n\nPaying Interest\n\nYour due date is at least 23 days after the close of each billing cycle. We will not charge\nyou any interest on purchases if you pay your entire balance by the due date each\nmonth. We will begin charging interest on cash advances on the transaction date.\n\nMinimum Interest Charge\n\nIf you are charged interest, the charge will be no less than $2.00.\n\nFees\nTransaction Fees\n\xe2\x80\xa2 Cash Advance\n\nEither $10 or 4% of the amount of each cash advance, whichever is greater.\n\n\xe2\x80\xa2 Foreign Transaction\n\n3% of each transaction.\n\nPenalty Fees\n\xe2\x80\xa2 Late Payment\n\xe2\x80\xa2 Returned Payment\n\nUp to $40.\n$29\n\nHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9cdaily balance.\xe2\x80\x9d See your credit card account agreement\nbelow for more details.\n\n1\n\n\x0cSECTION II: RATES, FEES AND PAYMENT INFORMATION\nINFINITI VISA SIGNATURE CREDIT CARD ACCOUNT AGREEMENT\nHow Interest is Calculated\nYour Interest Rate\n\nWe use a daily rate to calculate the interest on the balance on your account each day. The daily rate is the\napplicable APR times 1/365. Interest will be imposed in amounts or at rates not in excess of those permitted\nby applicable law.\nFor Account Type 1:\nThe APR for purchases is the prime rate plus 13.99%. As of April 1, 2020, the daily rate for purchases was\n.04724% (APR 17.24%).\nThe APR for cash advances is the prime rate plus 21.99%. As of April 1, 2020, the daily rate for cash\nadvances was .06916% (APR 25.24%).\nFor Account Type 2:\nThe APR for purchases is the prime rate plus 19.99%. As of April 1, 2020, the daily rate for purchases was\n.06368% (APR 23.24%).\nThe APR for cash advances is the prime rate plus 21.99%. As of April 1, 2020, the daily rate for cash\nadvances was .06916% (APR 25.24%).\nDaily Rates May Vary. The APRs and the daily rates on your account vary with the market based on the\nprime rate. The prime rate for a billing cycle is the highest bank prime loan rate published in The Wall Street\nJournal in its Money Rates section on the last business day of the calendar month preceding the first day\nof the billing cycle.\nIf the prime rate increases, the daily rates and APRs will increase. As a result, interest, your total minimum\npayment and the number of payments it would take you to pay off your account balance may increase. We\napply any change in rates because of a prime rate change to your entire account balance. A change in the\nprime rate will take effect on the first day of the first billing cycle after the change. We may select a new\ninterest rate index if the prime rate is not available.\n\nWhen We Charge Interest\n\nPurchases. We charge interest on your purchases from the date you make the purchase until you pay the\npurchase in full. See exceptions below.\n\xe2\x80\xa2 We will not charge you interest during a billing cycle on any purchases if:\n1. You had no balance at the start of the billing cycle; OR\n2. \x07You had a balance at the start of the billing cycle and you paid that balance in full by the due date in that\nbilling cycle.\n\xe2\x80\xa2\t\x07We will credit, as of the start of the billing cycle, any payment you make by the due date that we allocate to\npurchases if:\n1. You had no balance at the start of the previous billing cycle; OR\n2. \x07You had a balance at the start of the previous billing cycle and you paid that balance in full by the due date\nin the previous billing cycle.\nCash Advances. We charge interest on your cash advances, and their related fees, from the date you make the\ntransaction until you pay them in full. You cannot avoid paying interest on cash advances or their related fees.\n\nHow We Calculate Interest\n\nWe figure the interest charge on your account separately for each balance type. We do this by applying the\ndaily rate to the daily balance for each day in the billing cycle. A separate daily balance is calculated for the\nfollowing balance types, as applicable: purchases, cash advances and balances subject to different interest\nrates, plans or special promotions. See below for how this works.\n1. \x07How to get the daily balance: We take the starting balance each day, add any new charges and fees,\nand subtract any payments or credits. This gives us the daily balance.\nWe apply fees to balance types as follows:\n(a) late payment fees or returned payment fees are treated as new purchases;\n(b) debt cancellation fees are added proportionately to each balance;\n(c) cash advance fees are added to the cash advance balance; and\n(d) foreign transaction fees are added to the purchase balance.\n2. How to get the daily interest amount: We multiply each daily balance by the daily rate that applies.\n3. How to get the starting balance for the next day: We add the daily interest amount in step 2 to the daily\nbalance from step 1.\n4. \x07How to get the interest charge for the billing cycle: We add all the daily interest amounts that were\ncharged during the billing cycle.\nWe charge a minimum of $2.00 of interest in any billing cycle in which you owe interest. This charge is added\nproportionately to each balance type.\n\n2\n\n\x0cHow Fees Work\nCash Advance Fee\n\nWe will charge this fee for each cash advance you make. For ATM cash advances this fee is in addition to any\nfee the ATM owner may charge you for use of the ATM.\n\nForeign Transaction Fee\n\nWe will charge this fee for purchases or cash advances you make in currencies other than U.S. dollars and/or in a\ncountry other than the U.S., whether or not the transaction was in a foreign currency.\nIf you make a transaction with your account in a currency other than U.S. dollars, Visa U.S.A. Inc. (\xe2\x80\x9cVisa\xe2\x80\x9d) will\nconvert the transaction amount into U.S. dollars using its currency conversion procedure. Under the currency\nconversion procedure that Visa currently uses, the non-U.S. dollar transaction amount is converted into a U.S.\ndollar amount by multiplying the transaction amount in the non-U.S. dollar currency by a currency conversion rate.\nCurrently, Visa operating regulations provide that the currency conversion rate is either (1) a rate selected by Visa\nfrom the range of rates available in wholesale currency markets for the applicable central processing date, which\nrate may vary from the rate Visa itself receives, or (2) the government-mandated rate in effect for the applicable\ncentral processing date. The currency conversion rate that is in effect on the central processing date may differ\nfrom the rate in effect on the transaction date or the posting date, and may be higher than the rate you could have\ngotten if you had converted U.S. dollars into the foreign currency.\n\nLate Payment Fee\n\nWe will charge this fee if we do not receive the total minimum payment due on your account by 5 p.m. (ET) on\nthe due date. This fee is equal to:\n1. $29, if you have paid your total minimum payment due by the due date in each of the prior six billing cycles.\nOR\n2. $40, if you have failed to pay your total minimum payment due by the due date in any one or more of the\nprior six billing cycles.\nThe late payment fee will not be more than the total minimum payment that was due.\n\nReturned Payment Fee\n\nWe will charge this fee if any check, other instrument, or electronic payment authorization you provide us in\npayment on your account, is not honored, returned unpaid or cannot be processed for any reason. This fee is\nequal to $29. The returned payment fee will not be more than the amount permitted by applicable law.\n\nMinimum Payment Calculation\nYour total minimum payment is calculated as follows.\nThe greater of:\n1. $29, or $40 (which includes any past due amounts) if you have failed to pay the total minimum payment due by the due date in any one or more of the\nprior six billing cycles.\nOR\n2. The sum of:\na. Any past due amounts; PLUS\nb. \x071% of your new balance shown on your billing statement (excluding any balance in connection with a special promotional purchase with a unique\npayment calculation); PLUS\nc. Any late payment fees charged in the current billing cycle; PLUS\nd. All interest charged in the current billing cycle; PLUS\ne. Any payment due in connection with a special promotional purchase with a unique payment calculation.\nWe round up to the next highest whole dollar in figuring your total minimum payment. Your total minimum payment will never be more than your new balance.\nSpecial Promotional Financing Offer Information\nAt times, we may offer you special financing promotions for certain transactions (\xe2\x80\x9cspecial promotions\xe2\x80\x9d). The terms of the Agreement apply to any special\npromotion. However, any special promotional terms that are different than the terms in the Agreement will be explained on special promotional advertising or\nother disclosures provided to you. Below is a description of certain special promotions that may be offered:\nFor this promotion, if the promotional balance is not paid in full within the promotional period, interest\nwill be imposed from the date of purchase at the variable Purchase APR that applies to your account\nwhen the promotional purchase is made.\n\xe2\x80\xa2 \x07No Interest if Paid in Full Within 12 Months\nAt the time your account is opened, this is the variable APR applicable to your account.\nYour Purchase APR will vary with the market based on the prime rate.\nWhen you make a qualifying purchase under this promotion, no interest will be assessed on the purchase if you pay the following (the \xe2\x80\x9cpromotional balance\xe2\x80\x9d) in\nfull within the promotional period: (1) the promotional purchase amount, and (2) any related optional credit insurance/debt cancellation charges. If you do not,\ninterest will be assessed on the promotional balance from the date of the purchase. Minimum monthly payments are required. Regular account terms apply to\nnon-promotional purchases and, after promotion ends, to promotional purchases. Offers are subject to credit approval. This promotional offer may not be available\nat all times for all purchases. Please see any special promotion advertising or other disclosures provided to you for the full terms of any special promotion offered.\n\n3\n\n\x0cSECTION III: STANDARD PROVISIONS\nINFINITI VISA SIGNATURE CREDIT CARD ACCOUNT AGREEMENT\nABOUT THE CREDIT CARD ACCOUNT AGREEMENT\nThis Agreement. This is an Agreement between you and Synchrony Bank, 170 Election Road, Suite 125, Draper, UT 84020, for your credit card\naccount shown above. By opening or using your account, you agree to the terms of the entire Agreement. The entire Agreement includes the four\nsections of this document and the application you submitted to us in connection with the account. These documents replace any other agreement\nrelating to your account that you or we made earlier or at the same time.\nParties To This Agreement. This Agreement applies to each accountholder approved on the account and each of you is responsible for paying the\nfull amount due, no matter which one uses the account. We may treat each of you as one accountholder and may refer to each of you as \xe2\x80\x9cyou\xe2\x80\x9d or \xe2\x80\x9cyour.\xe2\x80\x9d\nSynchrony Bank may be referred to as \xe2\x80\x9cwe,\xe2\x80\x9d \xe2\x80\x9cus\xe2\x80\x9d or \xe2\x80\x9cour.\xe2\x80\x9d\nChanges To This Agreement. We may change, add or delete terms of this Agreement, including interest rates, fees and charges.\nSpecial Promotions. The terms of this Agreement apply to any special promotion. However, any special promotional terms that are different than the\nterms in this Agreement will be explained on promotional advertising or other disclosures provided to you.\n\nHOW TO USE YOUR ACCOUNT/CARD\nUse Of Your Account. You may use your account only for lawful personal, family or household purposes. You may use your account for purchases\nmade at any Infiniti or Nissan retailer or from any merchant that accepts Visa credit cards. You may get cash advances as further explained below. You\nmay not use your account to pay amounts you owe us on this account or any other account you have with us.\nCash Advances. We may offer you the opportunity to get a cash advance with convenience checks that we send you. We may not honor a convenience\ncheck for any reason stated on the check. You can also get cash or make a withdrawal from any institution or ATM that accepts the card or the account.\nIn addition, we will treat any purchase of certain cash like items as cash advances. Cash like items include for example, money orders, cashier\xe2\x80\x99s checks,\ntraveler\xe2\x80\x99s checks, electronic or wire transfers, foreign currency or other in-bank transactions, tax payments, lottery tickets or other legalized gambling\ntransactions, court costs, bail bonds and fines.\nYou Promise To Pay. You promise to pay us for all amounts owed to us under this Agreement.\nYour Responsibility. Each accountholder will receive a card. You may not allow anyone else to use your account. If you do, or if you ask us to send a\ncard to someone else, you will be responsible for paying for all charges resulting from their transactions.\nTransaction Limits. To prevent fraud, we may limit the number or dollar amount of any type of transactions you can make in any particular amount of\ntime. We also may decline any particular charge on your account for any reason.\nCredit Limit. You will be assigned a credit limit and cash advance limit on your account that we may increase or decrease from time to time. If we\napprove a transaction that makes you go over your credit limit or your cash advance limit, we do not give up any rights under this Agreement and we\ndo not treat it as an increase in either limit.\n\nHOW AND WHEN TO MAKE PAYMENTS\nWhen Payments Are Due. You must pay at least the total minimum payment due on your account by 5 p.m. (ET) on the due date of each billing cycle.\nPayments received after 5 p.m. (ET) will be credited as of the next day. You may at any time pay, in whole or in part, the total unpaid balance without\nany additional charge for prepayment. If you have a balance subject to interest, earlier payment may reduce the amount of interest you will pay. We may\ndelay making credit available on your account in the amount of your payment even though we will credit your payment when we receive it.\nPayment Options. You can pay by mail or online. We may allow you to make payments over the phone but we will charge you a fee to make expedited\nphone payments. Your payment must be made in U.S. dollars by physical or electronic check, money order or a similar instrument from a bank located\nin the United States.\nHow To Make A Payment. You must follow the instructions for making payments provided on your billing statement. If you do not, credit of your\npayment may be delayed up to five days. Your billing statement also explains how information on your check is used.\nPayment Allocation. We will apply the required total minimum payment to balances on your account using any method we choose. Any payment you\nmake in excess of the required total minimum payment will be applied to higher APR balances before lower APR balances. Applicable law may require\nor permit us to apply excess payments in a different manner in certain situations, such as when your account has a certain type of special promotion.\n\nINFORMATION ABOUT YOU\nUsing And Sharing Your Information. When you applied for an account, you gave us and Nissan North America, Inc. information about yourself that\nwe could share with each other. Nissan North America, Inc. will use the information in connection with the credit program and for things like creating\nand updating its records and offering you special benefits. More information about how we use and share information is set forth in the privacy policy\nfor your account.\nAddress/Phone Change. You represent that any phone number that you provide to us belongs to you and/or that you are authorized to provide that\nnumber. You also agree to tell us right away if you change your address or any phone number.\nConsent To Communications. You consent to us, as well as any other owner or servicer of your account, contacting you through any channel of\ncommunication and for any purpose, as permitted by applicable law. For informational, servicing, fraud, or collection related communications, you agree\nthat we may use the phone numbers that you provide to us to contact your cellular phone or wireless device with text messages, artificial or prerecorded\nvoice calls, and calls made by an automatic telephone dialing system. Text frequency may vary and may be recurring. This consent applies even if\nyou are charged for the call under your plan. You are responsible for any charges that may be billed to you by your communications carrier when we\ncontact you. Message and data rates may vary. We and any carrier are not liable for delayed or undelivered messages. If you have questions, please\ncall the number on the back of your card.\nTelephone Monitoring. For quality control, you allow us to listen to and/or record telephone calls between you and us.\n\n4\n\n\x0cIMPORTANT INFORMATION ABOUT YOUR ACCOUNT\nClosing Your Account. You may close your account at any time by sending a letter to the address shown on your billing statement or calling customer\nservice. We may close your account at any time, for any reason. If your account is closed, you must stop using it. You must still pay the full amount you\nowe and this Agreement will remain in effect until you do.\nCollection Costs. If we ask an attorney who is not our salaried employee to collect your account, we may charge you our collection costs. These\ninclude court costs and reasonable attorneys\xe2\x80\x99 fees.\nCredit Bureau Reporting. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults\non your account may be shown in your credit report. Tell us if you think we reported wrong information about you to a credit bureau. Write to us at\nP.O. Box 965015, Orlando, FL 32896-5015. Tell us what information is wrong and why you think it is wrong. If you have a copy of the credit report\nthat includes the wrong information, send us a copy.\nDefault. You are in default if you make a late payment, do not follow any other term of this Agreement or become bankrupt or insolvent. If you default\nor upon your death, we may (a) request payment of the full amount due right away, (b) take legal action to collect the amounts owed, and/or (c) take any\nother action allowed.\nDisputed Amounts. The billing rights summary in section IV of this Agreement describes what to do if you think there is a mistake on\nyour bill. If you send us correspondence about a disputed amount or payment, you must send it to the address for billing inquiries. We\ndo not give up any rights under this Agreement if we accept a payment marked \xe2\x80\x9cpayment in full\xe2\x80\x9d or given with any other conditions\nor limitations.\nUnauthorized Use. If your card is lost, stolen or used without your consent, call us immediately at 1-855-339-5169. You will not be liable for unauthorized\nuse on your account, but you will be responsible for all use by anyone you give your card to or allow to use your account.\n\nIMPORTANT INFORMATION ABOUT THIS AGREEMENT\nAssignment. We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to\npayments. We do not have to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this\nAgreement or your account.\nEnforceability. If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply.\nGoverning Law. Except as provided in the Resolving a Dispute with Arbitration section, this Agreement and your account are governed by federal law\nand, to the extent state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us in Utah.\nWaiver. We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in\nanother situation.\n\nRESOLVING A DISPUTE WITH ARBITRATION\nPLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST\nDISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A\nJURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING;\n(3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.\n1. CLAIMS AND PARTIES. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you (including\nany other user of your account), and us (including our parents, affiliates, agents, employees, officers, and assignees) that directly or indirectly arises\nfrom or relates to your account, your account Agreement or our relationship, except as noted below. In addition, Nissan North America, Inc. and/\nor any assignee, agent, or service provider of ours that collects amounts due on your account are intended beneficiaries of this Arbitration section\nand may enforce it in full (notwithstanding any state law to the contrary).\n2. This Arbitration section broadly covers claims based upon contract, tort, consumer rights, fraud and other intentional torts, negligence, constitution,\nstatute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief, even if they arose before\nthis section took effect. You may not sell, assign or transfer a claim.\n3. Examples of claims subject to arbitration are disputes about an account transaction, fees, charges or interest, the events leading up to the Agreement\n(such as any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), an application for or\ndenial of credit, any product or service provided by us or third parties in connection with the Agreement, credit reporting, benefit programs related to\nyour account including any reward program, the collection of amounts due by our assignees, service providers, or agents and the manner of collection.\n4. However, we will not require you to arbitrate any individual case in small claims court or your state\xe2\x80\x99s equivalent court, so long as it remains an individual\ncase in that court. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new\nparty or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or\nmulti-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.\n5. Only a court will decide disputes about the validity, enforceability, coverage or scope of this Arbitration section or any part thereof. However, any\ndispute that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide.\n6. NO CLASS ACTIONS. IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT (A) TO PARTICIPATE\nIN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS\nA CLASS REPRESENTATIVE OR CLASS MEMBER, OR (B) TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS EXCEPT\nACCOUNTHOLDERS ON YOUR ACCOUNT. THUS, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO\nIS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED\nIN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE.\n7. PROCEDURES. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in\npapers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 662015320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select either the American Arbitration Association (AAA), 120 Broadway,\nFloor 21, New York, NY 10271, www.adr.org, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, to administer the\narbitration. If neither administrator can handle the dispute, a court with jurisdiction will appoint an arbitrator.\n\n5\n\n\x0c8. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years\nof legal experience. The arbitrator must apply the same law, consistent with the Federal Arbitration Act (FAA), that would apply to an individual action\nin court, but may use different procedural rules. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the\nmatter were pending in court.\n9. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court,\nincluding, without limitation, punitive damages (governed by the Constitutional standards employed by the courts) and injunctive, equitable and\ndeclaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party\xe2\x80\x99s\nindividual claim). The parties will bear the fees and costs of their attorneys, witnesses and experts. However, the arbitrator will have the authority to\naward fees and costs of attorneys, witnesses and experts to the extent permitted by the Agreement, the administrator\xe2\x80\x99s rules or applicable law.\n10. The arbitration will take place by phone or at a location reasonably convenient to you. If you ask, we will pay all the fees the administrator or arbitrator\ncharges if you cannot obtain a waiver of fees from the administrator and are acting in good faith. We will always pay arbitration costs required by the\nadministrator\xe2\x80\x99s rules or that are necessary for this Arbitration section to be enforced.\n11. GOVERNING LAW. This Arbitration section is governed by the FAA. Utah law shall apply to the extent state law is relevant under the FAA, unless\notherwise stated herein. The arbitrator\xe2\x80\x99s award will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter\njudgment upon the arbitrator\xe2\x80\x99s award. The arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in\nany other case except to enforce the award.\n12. SURVIVAL. This Arbitration section shall survive the repayment of all amounts owed, the termination, cancellation or suspension of the Agreement\nor your account or credit privileges, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. If this\nArbitration section conflicts with the applicable arbitration rules or the other provisions of the Agreement, this Arbitration section shall govern.\n13. SEVERABILITY. If any portion of this Arbitration section is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force\nwith the following two exceptions. First, if a determination is made that the \xe2\x80\x9cNo Class Actions\xe2\x80\x9d provision is unenforceable, and that determination is\nnot reversed on appeal, then this Arbitration section shall be void in its entirety. Second, if a court determines that a public injunctive relief claim may\nproceed notwithstanding the \xe2\x80\x9cNo Class Actions\xe2\x80\x9d provision, and that determination is not reversed on appeal, then the public injunctive relief claim will\nbe decided by a court, and any individual claims will be arbitrated. The parties will ask the court to stay the public injunctive relief claim until the other\nclaims have been finally concluded.\n14. HOW TO REJECT ARBITRATION. You may reject this Arbitration section. If you do that, a court will resolve any dispute or claim. To reject this\nsection, send us a notice within 45 days after you open your account or we first provided you with your right to reject this section. The notice must\ninclude your name, address, account number, and personal signature, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 328965012. This is the only way you can reject this section. Rejecting this Arbitration section will not affect any other provision of the Agreement. It will also\nnot affect any prior arbitration agreement or dispute resolution provision between you and us, which will remain in full force and effect. If you don\xe2\x80\x99t\nreject this Arbitration section, it will be effective as of the date of the Agreement and will supersede any prior arbitration agreement between you and\nus that would otherwise be applicable.\n\nSECTION IV: OTHER IMPORTANT INFORMATION\nINFINITI VISA SIGNATURE CREDIT CARD ACCOUNT AGREEMENT\nThis section of the agreement includes state notices, billing rights summary and rewards terms (if applicable) and is not required to be provided as part of the\ncredit card agreement posted online or provided to the CFPB.\n\nFR833282333 INFINITI\xc2\xae VISA SIGNATURE\xc2\xae CREDIT CARD\nT&C DC PDF WF2171020B, WF2171020C\n6/2020\n6\n\n\x0c'


b'FR833282333 BARGAIN OUTLET B2B DC TC 184-286-00 CREDIT CARD\nDC TC 184-286-00 38303L\n6/19\n\nSYNCHRONY BANK\nSECTION I: RATES AND FEES TABLE\nBUSINESS REVOLVING CREDIT CARD ACCOUNT AGREEMENT\nPRICING INFORMATION\nInterest Rates and Interest Charges\nAnnual Percentage Rate\n(APR) for Purchases\n\n29.99%\n\nPaying Interest\n\nYour due date is at least 23 days after the close of each billing cycle. We will not charge\nyou any interest on non-promotional purchases if you pay your entire balance by the\ndue date each month. We will begin charging interest on promotional purchases on the\npurchase date.\n\nMinimum Interest Charge\n\nIf you are charged interest, the charge will be no less than $2.\n\nFees\nPenalty Fees\n\xe2\x80\xa2 Late Payment\n\xe2\x80\xa2 Returned Payment\n\nUp to $39.\n$28\n\nHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9cdaily balance.\xe2\x80\x9d See your credit card account agreement that\nfollows for more details.\n\n1\n\n\x0cSECTION II: RATES, FEES AND PAYMENT INFORMATION OF THE\nBUSINESS REVOLVING CREDIT CARD ACCOUNT AGREEMENT\nHow Interest Is Calculated\nYour Interest Rate\n\nWe use a daily rate to calculate the interest on the balance on your account each day. The daily rate for\npurchases is the APR times 1/365. The daily rate for purchases is .08217% (APR 29.99%). Interest will be\nimposed in amounts or at rates not in excess of those permitted by applicable law.\n\nWhen We Charge Interest\n\nWe charge interest on your purchases from the date you make the purchase until you pay the purchase in full.\nSee exceptions below.\n\xe2\x80\xa2 We will not charge you interest during a billing cycle on any non-promotional purchases if:\n1. You had no balance at the start of the billing cycle; OR\n2.\t\x07You had a balance at the start of the billing cycle and you paid that balance in full by the due date in that\nbilling cycle.\nWe always charge interest on promotional purchases and their related fees from the date you make the purchase.\n\xe2\x80\xa2 We will credit, as of the start of the billing cycle, any payment you make by the due date that we allocate to\nnon-promotional purchases if:\n1. You had no balance at the start of the previous billing cycle; OR\n2.\t\x07You had a balance at the start of the previous billing cycle and you paid that balance in full by the due\ndate in the previous billing cycle.\n\nHow We Calculate Interest\n\nWe figure the interest charge on your account separately for each balance type. We do this by applying the\ndaily rate to the daily balance for each day in the billing cycle. A separate daily balance is calculated for the\nfollowing balance types, as applicable: purchases and balances subject to different interest rates, plans or\nspecial promotions. See below for more details on how this works.\n1. How to get the daily balance: We take the starting balance each day, add any new charges and fees, and\nsubtract any payments or credits. This gives us the daily balance. Debt cancellation fees, if any, and late\npayment or returned payment fees are treated as new purchases.\n2. How to get the daily interest amount: We multiply each daily balance by the daily rate that applies.\n3. How to get the starting balance for the next day: We add the daily interest amount in step 2 to the daily\nbalance from step 1.\n4. How to get the interest charge for the billing cycle: We add all the daily interest amounts that were\ncharged during the billing cycle.\nWe charge a minimum of $2.00 of interest in any billing cycle in which you owe interest. Interest, as calculated\nabove, is added as applicable to each balance type. Minimum interest charges in excess of the calculated\ninterest are treated as new purchases.\n\nHow Fees Work\nLate Payment Fee\n\nWe will charge this fee if we do not receive the total minimum payment due on your account by\n5 p.m. (ET) on the due date. This fee is equal to:\n1. $28, if you have paid your total minimum payment due by the due date in each of the prior six billing\ncycles.\nOR\n2. $39, if you have failed to pay your total minimum payment due by the due date in any one or more of the\nprior six billing cycles.\nThe late payment fee will not be more than the total minimum payment that was due.\n\nReturned Payment Fee\n\nWe will charge this fee if any check, other instrument, or electronic payment authorization you provide us in\npayment on your account, is not honored, returned unpaid or cannot be processed for any reason. This fee is\nequal to $28. The returned payment fee will not be more than the amount permitted by applicable law.\n\nMinimum Payment Calculation\nYour total minimum payment is calculated as follows.\nThe sum of:\na. F\n\x07 or the new balance shown on your billing statement (excluding any balance attributable to a special promotional purchase with a unique payment\ncalculation), the greater of:\n\t\t\n(i)\t\x07$50; or\n\t\t\n(ii)\t\x071/12th of the new balance shown on your billing statement; or\n\t\t\n(iii)\t\x07The sum of 1% of your new balance shown on your billing statement plus interest and late payment fees charged in the current billing cycle;\nPLUS\nb. Any past due amounts; PLUS\nc. Any payment due in connection with a special promotional purchase with a unique payment calculation.\nWe round up to the next highest whole dollar in figuring your total minimum payment. Your total minimum payment will never be more than your new balance.\n\nSECTION III: STANDARD PROVISIONS\nBUSINESS REVOLVING CREDIT CARD ACCOUNT AGREEMENT\nABOUT THE CREDIT CARD ACCOUNT AGREEMENT\nThis Agreement. This is an Agreement between you and Synchrony Bank, 170 Election Road, Suite 125, Draper, UT 84020, for your credit card account\nshown above. By opening or using your account, you agree to the terms of the entire Agreement. The entire Agreement includes the four sections of this\ndocument and the application you submitted to us in connection with the account. These documents replace any other agreement relating to your account that\nyou or we made earlier or at the same time.\n2\n\n\x0cParties To This Agreement. This Agreement applies to each accountholder approved on the account and each of you is responsible for paying the full amount\ndue, no matter which one uses the account. We may treat each of you as one accountholder and may refer to each of you as \xe2\x80\x9cyou\xe2\x80\x9d or \xe2\x80\x9cyour.\xe2\x80\x9d \xe2\x80\x9cYou\xe2\x80\x9d and \xe2\x80\x9cyour\xe2\x80\x9d\nmeans the person or entity that signs the application or on whose behalf the application is signed. Synchrony Bank may be referred to as \xe2\x80\x9cwe,\xe2\x80\x9d \xe2\x80\x9cus\xe2\x80\x9d or \xe2\x80\x9cour.\xe2\x80\x9d\nChanges To This Agreement. We may change, add or delete terms of this Agreement, including interest rates, fees and charges. No change to any term of\nthis Agreement will affect your obligation or the obligation of any personal guarantor of this Agreement to pay, in full, all amounts owing under this Agreement\nor otherwise perform the terms and conditions of this Agreement or any related guaranty.\nSpecial Promotions. The terms of this Agreement apply to any special promotion. However, any special promotional terms that are different than the terms\nin this Agreement will be explained on promotional advertising or other disclosures provided to you.\nHOW TO USE YOUR ACCOUNT/CARD\nUse Of Your Account. You may use your account only for lawful purposes and as stated in this Agreement. You may use your account for purchases from\ndealers/merchants/retailers that accept the card. You agree that you may use your account only for purchases for commercial or business purposes, and not\nfor personal, family or household purposes. You understand that important duties imposed upon us, and important rights conferred upon a consumer, pursuant\nto certain federal or state laws, will not apply to this account. You also understand that we will be unable to determine whether any given purchase conforms\nto this section of this Agreement. You agree that a breach by you of this section of this Agreement will not affect our right to enforce your promise to pay for\nthe credit extended to you, including related charges, or to use any remedy legally available to us even if that remedy would not have been available had the\naccount been established as a consumer credit account. You may not use your account to pay amounts you owe us on this account or on other accounts you\nhave with us. These restrictions are for our benefit, and we are not responsible to you for enforcing them.\nYou Promise To Pay. You promise to pay us for all amounts owed to us under this Agreement. You may buy from dealer/merchant/retailer the merchandise\n(including any related services) described in the sales invoice(s) for the cash price(s) shown on such invoices. By signing the application, you have requested\nthat we establish this business revolving credit card account for your business use and that we permit you to finance your purchase from the seller on credit\nunder the terms of this Agreement. Any other terms set out in your purchase order or in any other or different form will not apply, even though such purchase\norder or other or different form may be submitted to or accepted by us in connection with a purchase. You understand that we will be unable to determine\nwhether any given purchase charged on your account was in fact authorized by and for the benefit of the business in whose name the account is established.\nYou agree that your promise to pay, as contained in this section of this Agreement, will apply to all purchases made by any of you whether or not the purchase\nwas in fact authorized by and for the benefit of that business. Any person signing the application on behalf of a business attests that the business is a valid\nbusiness entity or a qualified religious, educational, or other non-profit entity, or a governmental agency or instrumentality; and that the business has authorized\n(a) the execution of the application, and (b) the person signing the application to execute the application on its behalf.\nYour Responsibility. Each accountholder will receive a card. You may not allow anyone else to use your account. If you do, or if you ask us to send a card to\nsomeone else, you will be responsible for paying for all charges resulting from their transactions.\nPurchase Limits. To prevent fraud, we may limit the number or dollar amount of purchases you can make in any particular amount of time. We also may\ndecline any particular charge on your account for any reason.\nCredit Limit. You will be assigned a credit limit that we may increase or decrease from time to time. If we approve a purchase that makes you go over your\ncredit limit, we do not give up any rights under this Agreement and we do not treat it as an increase in your credit limit.\nHOW AND WHEN TO MAKE PAYMENTS\nWhen Payments Are Due. You must pay at least the total minimum payment due on your account by 5 p.m. (ET) on the due date of each billing cycle.\nPayments received after 5 p.m. (ET) will be credited as of the next day. You may at any time pay, in whole or in part, the total unpaid balance without any\nadditional charge for prepayment. If you have a balance subject to interest, earlier payment may reduce the amount of interest you will pay. We may delay\nmaking credit available on your account in the amount of your payment even though we will credit your payment when we receive it.\nPayment Options. You can pay by mail, online or at certain dealers/merchants/retailers that accept the card and payments. We may allow you to make\npayments over the phone but we will charge you a fee to make expedited phone payments. Your payment must be made in U.S. dollars by physical or\nelectronic check, money order or a similar instrument from a bank located in the United States.\nHow To Make A Payment. You must follow the instructions for making payments provided on your billing statement. If you do not, credit of your payment\nmay be delayed up to five days. Your billing statement also explains how information on your check is used.\nPayment Allocation. We will apply the required total minimum payment to balances on your account using any method we choose. Any payment you make\nin excess of the required total minimum payment will be applied to higher APR balances before lower APR balances. Applicable law may require or permit us\nto apply excess payments in a different manner in certain situations, such as when your account has a certain type of special promotion.\nINFORMATION ABOUT YOU\nYour Credit Reports And Account Information. The credit of your business and the personal credit of any individual signing the application, including any\npersonal guarantor, may be used in making credit decisions. You, and any personal guarantor, authorize us to investigate your creditworthiness by requesting\ninformation and making whatever inquiries we consider necessary and appropriate (including obtaining information from third parties and requesting consumer\nreports from consumer reporting agencies) for the purpose of considering your application for this account and subsequently, in connection with any updates,\nrenewals or extensions of credit or reviewing or collecting your account. You also authorize us to report information concerning you or your account, and any\npersonal guarantor, including information about your, and any personal guarantor\xe2\x80\x99s, performance under this Agreement, to consumer reporting agencies and\nothers who may properly receive such information.\nAddress/Phone Change. You represent that any phone number that you provide to us belongs to you and/or that you are authorized to provide that number.\nYou also agree to tell us right away if you change your address or any phone number.\n3\n\n\x0cConsent To Communications. You consent to us, as well as any other owner or servicer of your account, contacting you through any channel of communication\nand for any purpose, as permitted by applicable law. For informational, servicing, fraud, or collection related communications, you agree that we may use the\nphone numbers that you provide to us to contact your cellular phone or wireless device with text messages, artificial or prerecorded voice calls, and calls made\nby an automatic telephone dialing system. Text frequency may vary and may be recurring. This consent applies even if you are charged for the call under your\nplan. You are responsible for any charges that may be billed to you by your communications carrier when we contact you. Message and data rates may vary.\nWe and any carrier are not liable for delayed or undelivered messages. If you have questions, please call the number on the back of your card.\nTelephone Monitoring. For quality control, you allow us to listen to and/or record telephone calls between you and us.\nIMPORTANT INFORMATION ABOUT YOUR ACCOUNT\nClosing Your Account. You may close your account at any time by sending a letter to the address shown on your billing statement or calling customer service.\nWe may close your account at any time, for any reason. If your account is closed, you must stop using it. You must still pay the full amount you owe and this\nAgreement will remain in effect until you do.\nCollection Costs. If we ask an attorney who is not our salaried employee to collect your account, we may charge you our collection costs. These include\ncourt costs and reasonable attorneys\xe2\x80\x99 fees.\nCredit Bureau Reporting. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on\nyour account may be shown in your credit report. Tell us if you think we reported wrong information about you to a credit bureau. Write to us at\nSynchrony Bank, P.O. Box 965036, Orlando, FL 32896-5036. Tell us what information is wrong and why you think it is wrong. If you have a copy of the credit\nreport that includes the wrong information, send us a copy.\nDefault. You are in default if you make a late payment, do not follow any other term of this Agreement or become bankrupt or insolvent. If you default or upon your\ndeath, we may (a) request payment of the full amount due right away, (b) take legal action to collect the amounts owed, and/or (c) take any other action allowed.\nDisputed Amounts. If you send us correspondence about a disputed amount or payment, you must send it to the address for billing inquiries.\nWe do not give up any rights under this Agreement if we accept a payment marked \xe2\x80\x9cpayment in full\xe2\x80\x9d or given with any other conditions or\nlimitations.\nUnauthorized Use. If your card is lost, stolen or used without your consent, call us immediately at 1-866-396-8254. You will not be liable for unauthorized use\non your account, but you will be responsible for all use by anyone you give your card to or allow to use your account.\nIMPORTANT INFORMATION ABOUT THIS AGREEMENT\nAssignment. We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to payments. We do\nnot have to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account.\nEnforceability. If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply.\nGoverning Law. Except as provided in the Resolving a Dispute with Arbitration section, this Agreement and your account are governed by federal law and, to\nthe extent state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us in Utah.\nWaiver. We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in another\nsituation. Except as we may agree in a signed writing, we do not give up any rights if, among other things, we release any personal guarantor responsible for\nyour obligations under this Agreement without notifying you or any personal guarantor and without releasing you or any personal guarantor from your obligation\nto pay all amounts owing under this Agreement in full, or to otherwise perform the terms and conditions of this Agreement. You and any personal guarantor\nunderstand and agree that your obligation and the obligation of any personal guarantor to pay all amounts owing under this Agreement and otherwise to\nperform the terms and conditions of this Agreement and any related guaranty are absolute and unconditional.\nRESOLVING A DISPUTE WITH ARBITRATION\nPLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES\nBETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL 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 ACTION OR SIMILAR PROCEEDING; (3) LESS\nINFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.\n1. CLAIMS AND PARTIES. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you (including\nany other user of your account), and us (including our parents, affiliates, agents, employees, officers, and assignees) that directly or indirectly arises\nfrom or relates to your account, your account Agreement or our relationship, except as noted below. In addition, dealers/merchants/retailers and/or any\nassignee, agent, or service provider of ours that collects amounts due on your account are intended beneficiaries of this Arbitration section and may\nenforce it in full (notwithstanding any state law to the contrary).\n2. This Arbitration section broadly covers claims based upon contract, tort, consumer rights, fraud and other intentional torts, negligence, constitution,\nstatute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief, even if they arose before this\nsection took effect. You may not sell, assign or transfer a claim.\n3. Examples of claims subject to arbitration are disputes about an account transaction, fees, charges or interest, the events leading up to the Agreement\n(such as any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), an application for or\ndenial of credit, any product or service provided by us or third parties in connection with the Agreement, credit reporting, benefit programs related to your\naccount including any reward program, the collection of amounts due by our assignees, service providers, or agents and the manner of collection.\n\n4\n\n\x0c4. However, we will not require you to arbitrate any individual case in small claims court or your state\xe2\x80\x99s equivalent court, so long as it remains an individual\ncase in that court. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new\nparty or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or\nmulti-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.\n5. Only a court will decide disputes about the validity, enforceability, coverage or scope of this Arbitration section or any part thereof. However, any dispute\nthat concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide.\n6. NO CLASS ACTIONS. IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT (A) TO PARTICIPATE\nIN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS\nA CLASS REPRESENTATIVE OR CLASS MEMBER, OR (B) TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS EXCEPT\nACCOUNTHOLDERS ON YOUR ACCOUNT. THUS, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS\nNOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A\nSINGLE ARBITRATION WITH ANY CLAIM YOU HAVE.\n7. PROCEDURES. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of\na lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110,\nShawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select either the American Arbitration Association\n(AAA), 120 Broadway, Floor 21, New York, NY 10271, www.adr.org, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com,\nto administer the arbitration. If neither administrator can handle the dispute, a court with jurisdiction will appoint an arbitrator.\n8. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of\nlegal experience. The arbitrator must apply the same law, consistent with the Federal Arbitration Act (FAA), that would apply to an individual action in\ncourt, but may use different procedural rules. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter\nwere pending in court.\n9. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including,\nwithout limitation, punitive damages (governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief\n(but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party\xe2\x80\x99s individual claim). The\nparties will bear the fees and costs of their attorneys, witnesses and experts. However, the arbitrator will have the authority to award fees and costs of\nattorneys, witnesses and experts to the extent permitted by the Agreement, the administrator\xe2\x80\x99s rules or applicable law.\n10. The arbitration will take place by phone or at a location reasonably convenient to you. If you ask, we will pay all the fees the administrator or arbitrator\ncharges if you cannot obtain a waiver of fees from the administrator and are acting in good faith. We will always pay arbitration costs required by the\nadministrator\xe2\x80\x99s rules or that are necessary for this Arbitration section to be enforced.\n11. GOVERNING LAW. This Arbitration section is governed by the FAA. Utah law shall apply to the extent state law is relevant under the FAA, unless\notherwise stated herein. The arbitrator\xe2\x80\x99s award will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter\njudgment upon the arbitrator\xe2\x80\x99s award. The arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in\nany other case except to enforce the award.\n12. SURVIVAL. This Arbitration section shall survive the repayment of all amounts owed, the termination, cancellation or suspension of the Agreement\nor your account or credit privileges, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. If this\nArbitration section conflicts with the applicable arbitration rules or the other provisions of the Agreement, this Arbitration section shall govern.\n13. SEVERABILITY. If any portion of this Arbitration section is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force\nwith the following two exceptions. First, if a determination is made that the \xe2\x80\x9cNo Class Actions\xe2\x80\x9d provision is unenforceable, and that determination is not\nreversed on appeal, then this Arbitration section shall be void in its entirety. Second, if a court determines that a public injunctive relief claim may proceed\nnotwithstanding the \xe2\x80\x9cNo Class Actions\xe2\x80\x9d provision, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided\nby a court, and any individual claims will be arbitrated. The parties will ask the court to stay the public injunctive relief claim until the other claims have\nbeen finally concluded.\n14. HOW TO REJECT ARBITRATION. You may reject this Arbitration section. If you do that, a court will resolve any dispute or claim. To reject this section,\nsend us a notice within 45 days after you open your account or we first provided you with your right to reject this section. The notice must include your\nname, address, account number, and personal signature, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the\nonly way you can reject this section. Rejecting this Arbitration section will not affect any other provision of the Agreement. It will also not affect any prior\narbitration agreement or dispute resolution provision between you and us, which will remain in full force and effect. If you don\xe2\x80\x99t reject this Arbitration section,\nit will be effective as of the date of the Agreement and will supersede any prior arbitration agreement between you and us that would otherwise be applicable.\n\nSECTION IV: OTHER IMPORTANT INFORMATION\nBUSINESS REVOLVING CREDIT CARD ACCOUNT AGREEMENT\nThis section of the agreement includes state notices, billing rights summary and rewards terms (if applicable) and is not required to be provided as part of the\ncredit card agreement posted online or provided to the CFPB.\n\nFR833282333 BARGAIN OUTLET B2B DC TC 184-286-00 CREDIT CARD\nDC TC 184-286-00 38303L\n6/19\n5\n\n\x0c'


b'FR833282333 CRATE AND BARREL AND/OR CB2 MASTERCARD\xc2\xae\nTC DC PDF WF3064203C\n3/2021\n\nSYNCHRONY BANK\nSECTION I: RATES AND FEES TABLE\nCRATE AND BARREL AND/OR CB2 MASTERCARD\xc2\xae ACCOUNT AGREEMENT\nPRICING INFORMATION\nInterest Rates and Interest Charges\nAnnual Percentage Rate (APR)\nfor Purchases\n\nThe APR for purchases is the prime rate plus 21.49%.\nThis APR will vary with the market based on the Prime Rate.\n\nAPR for Cash Advances\n\n29.99%\n\nPaying Interest\n\nYour due date is at least 23 days after the close of each billing cycle. We will not charge\nyou any interest on purchases if you pay your entire balance by the due date each\nmonth. We will begin charging interest on cash advances on the transaction date.\n\nMinimum Interest Charge\n\nIf you are charged interest, the charge will be no less than $2.00.\n\nFees\nTransaction Fees\n\xe2\x80\xa2 Cash Advance\n\nEither $10 or 5% of the amount of each cash advance, whichever is greater.\n\n\xe2\x80\xa2 Foreign Transaction\n\n3% of each transaction.\n\nPenalty Fees\n\xe2\x80\xa2 Late Payment\n\nUp to $40.\n\n\xe2\x80\xa2 Returned Payment\n\n$29\n\nHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9cdaily balance.\xe2\x80\x9d See your credit card account agreement\nbelow for more details.\n\n1\n\n\x0cSECTION II: RATES, FEES AND PAYMENT INFORMATION\nCRATE AND BARREL AND/OR CB2 MASTERCARD ACCOUNT AGREEMENT\nHow Interest is Calculated\nYour Interest Rate\n\nWe use a daily rate to calculate the interest on the balance on your account each day. The daily rate is the\napplicable APR times 1/365. Interest will be imposed in amounts or at rates not in excess of those permitted\nby applicable law.\nThe APR for purchases is the prime rate plus 21.49%. As of April 1, 2020, the daily rate for purchases was\n.06779% (APR 24.74%).\nDaily Rates May Vary. The APR and the daily rate for purchases on your account vary with the market based\non the prime rate. The prime rate for a billing cycle is the highest bank prime loan rate published in The Wall\nStreet Journal in its Money Rates section on the last business day of the calendar month preceding the first\nday of the billing cycle.\nIf the prime rate increases, the daily rate and APR for purchase will increase. As a result, interest, your total\nminimum payment and the number of payments it would take you to pay off your account balance may\nincrease. We apply any change in rates because of a prime rate change to your entire account balance. A\nchange in the prime rate will take effect on the first day of the first billing cycle after the change. We may select\na new interest rate index if the prime rate is not available.\nThe daily rate for cash advances is .08217% (APR 29.99%).\n\nWhen We Charge Interest\n\nPurchases. We charge interest on your purchases from the date you make the purchase until you pay the\npurchase in full. See exceptions below.\n\xe2\x80\xa2 We will not charge you interest during a billing cycle on any purchases if:\n1. You had no balance at the start of the billing cycle; OR\n2. You had a balance at the start of the billing cycle and you paid that balance in full by the due date in\nthat billing cycle.\n\xe2\x80\xa2 We will credit, as of the start of the billing cycle, any payment you make by the due date that we allocate\nto purchases if:\n1. You had no balance at the start of the previous billing cycle; OR\n2. You had a balance at the start of the previous billing cycle and you paid that balance in full by the due\ndate in the previous billing cycle.\nCash Advances. We charge interest on your cash advances, and their related fees, from the date you make the\ntransaction until you pay them in full. You cannot avoid paying interest on cash advances or their related fees.\n\nHow We Calculate Interest\n\nWe figure the interest charge on your account separately for each balance type. We do this by applying the\ndaily rate to the daily balance for each day in the billing cycle. A separate daily balance is calculated for the\nfollowing balance types, as applicable: purchases, cash advances and balances subject to different interest\nrates, plans or special promotions. See below for how this works.\n1. How to get the daily balance: We take the starting balance each day, add any new charges and fees,\nand subtract any payments or credits. This gives us the daily balance.\nWe apply fees to balance types as follows:\n(a) late payment fees or returned payment fees are treated as new purchases;\n(b) debt cancellation fees are added proportionately to each balance;\n(c) cash advance fees are added to the cash advance balance; and\n(d) foreign transaction fees are added to the purchase balance.\n2. How to get the daily interest amount: We multiply each daily balance by the daily rate that applies.\n3. How to get the starting balance for the next day: We add the daily interest amount in step 2 to the daily\nbalance from step 1.\n4. How to get the interest charge for the billing cycle: We add all the daily interest amounts that were\ncharged during the billing cycle.\nWe charge a minimum of $2.00 of interest in any billing cycle in which you owe interest. This charge is added\nproportionately to each balance type.\n\n2\n\n\x0cHow Fees Work\nCash Advance Fee\n\nWe will charge this fee for each cash advance you make. For ATM cash advances this fee is in addition to any\nfee the ATM owner may charge you for use of the ATM.\n\nForeign Transaction Fee\n\nWe will charge this fee for purchases or cash advances you make in currencies other than U.S. dollars and/or\nin a country other than the U.S., whether or not the transaction was in a foreign currency.\nIf you make a transaction with your account in a currency other than U.S. dollars, Mastercard will convert the\ntransaction amount into U.S. dollars using its currency conversion procedure. Under the currency conversion\nprocedure that Mastercard currently uses, the non-U.S. dollar transaction amount is converted into a U.S.\ndollar amount by multiplying the transaction amount in the non-U.S. dollar currency by a currency conversion\nrate. Mastercard\xe2\x80\x99s currency conversion procedure is based on rates observed in the wholesale market or\ngovernment-mandated rates, where applicable. The currency conversion rate that Mastercard uses for\na particular transaction is the rate for the applicable currency on the date that the transaction occurred.\nHowever, in limited situations, particularly where transaction submissions to Mastercard for processing are\ndelayed, the currency conversion rate that Mastercard uses may be the rate for the applicable currency on the\ndate that the transaction is processed.\n\nLate Payment Fee\n\nWe will charge this fee if we do not receive the total minimum payment due on your account by 5 p.m. (ET) on\nthe due date. This fee is equal to:\n1. $29, if you have paid your total minimum payment due by the due date in each of the prior six billing cycles.\nOR\n2. $40, if you have failed to pay your total minimum payment due by the due date in any one or more of\nthe prior six billing cycles.\nThe late payment fee will not be more than the total minimum payment that was due.\n\nReturned Payment Fee\n\nWe will charge this fee if any check, other instrument, or electronic payment authorization you provide us in\npayment on your account, is not honored, returned unpaid or cannot be processed for any reason. This fee is\nequal to $29. The returned payment fee will not be more than the amount permitted by applicable law.\n\nMinimum Payment Calculation\nYour total minimum payment is calculated as follows.\nThe greater of:\n1. $29, or $40 (which includes any past due amounts) if you have failed to pay the total minimum payment due by the due date in any one or more\nof the prior six billing cycles.\nOR\n2. \x07The sum of:\n(a) Any past due amounts; PLUS\n(b) \x071% of your new balance shown on your billing statement (excluding any balance in connection with a special promotional purchase with a unique\npayment calculation); PLUS\n(c) Any late payment fees charged in the current billing cycle; PLUS\n(d) All interest charged in the current billing cycle; PLUS\n(e) Any payment due in connection with a special promotional purchase with a unique payment calculation.\nWe round up to the next highest whole dollar in figuring your total minimum payment. Your total minimum payment will never be more than your new balance.\nPayments required in connection with a special promotional purchase with a unique payment calculation will not be increased to, but may be included in, the\n$29 or $40 minimum amount otherwise due.\nSpecial Promotional Financing Offer Information\nAt times, we may offer you special financing promotions for certain transactions (\xe2\x80\x9cspecial promotions\xe2\x80\x9d). The terms of this Agreement apply to any special\npromotion. However, any special promotional terms that are different than the terms in this Agreement will be explained on promotional advertising or other\ndisclosures provided to you. Below is a description of certain special promotions that may be offered:\n\xe2\x80\xa2 No Interest if Paid in Full Within 6 Months\n\xe2\x80\xa2 No Interest if Paid in Full Within 12 Months\n\nFor each promotion, if the promotional balance is not paid in full within the promotional period,\ninterest will be imposed from the date of purchase at the variable Purchase APR that applies\nto your account when the promotional purchase is made.\n\n\xe2\x80\xa2 No Interest if Paid in Full Within 18 Months\n\nAt the time your account is opened, the variable Purchase APR is 24.74%.\n\n\xe2\x80\xa2 No Interest if Paid in Full Within 24 Months\n\nYour Purchase APR will vary with the market based on the prime rate.\n\nWhen you make a qualifying purchase under one of these promotions, no interest will be assessed on the purchase if you pay the following (the \xe2\x80\x9cpromotional\nbalance\xe2\x80\x9d) in full within the applicable promotional period: (1) the promotional purchase amount, and (2) any related optional credit insurance/debt cancellation\ncharges. If you do not, interest will be assessed on the promotional balance from the date of the purchase. Minimum monthly payments are required. Regular\naccount terms apply to non-promotional purchases and, after promotion ends, to promotional purchases. Offers are subject to credit approval. These promotional\noffers may not be available at all times for all purchases. Please see any special promotion advertising or other disclosures provided to you for the full terms of any\nspecial promotion offered.\n\n3\n\n\x0cSECTION III: STANDARD PROVISIONS\nCRATE AND BARREL AND/OR CB2 MASTERCARD ACCOUNT AGREEMENT\nABOUT THE CREDIT CARD ACCOUNT AGREEMENT\nThis Agreement. This is an Agreement between you and Synchrony Bank, 170 Election Road, Suite 125, Draper, UT 84020, for your credit card account\nshown above. By opening or using your account, you agree to the terms of the entire Agreement. The entire Agreement includes the four sections of this\ndocument and the application you submitted to us in connection with the account. These documents replace any other agreement relating to your account\nthat you or we made earlier or at the same time.\nParties To This Agreement. This Agreement applies to each accountholder approved on the account and each of you is responsible for paying the full\namount due, no matter which one uses the account. We may treat each of you as one accountholder and may refer to each of you as \xe2\x80\x9cyou\xe2\x80\x9d or \xe2\x80\x9cyour.\xe2\x80\x9d\nSynchrony Bank may be referred to as \xe2\x80\x9cwe,\xe2\x80\x9d \xe2\x80\x9cus\xe2\x80\x9d or \xe2\x80\x9cour.\xe2\x80\x9d\nChanges To This Agreement. We may change, add or delete terms of this Agreement, including interest rates, fees and charges.\nSpecial Promotions. The terms of this Agreement apply to any special promotion. However, any special promotional terms that are different than the terms\nin this Agreement will be explained on promotional advertising or other disclosures provided to you.\n\nHOW TO USE YOUR ACCOUNT/CARD\nUse Of Your Account. You may use your account only for lawful personal, family or household purposes. You may use your account for purchases\nfrom Euromarket Designs, Inc. d/b/a Crate and Barrel and CB2 (\xe2\x80\x9cCrate and Barrel and CB2\xe2\x80\x9d) stores, online locations or from any merchant that\naccepts Mastercard credit cards. You may get cash advances as further explained below. You may not use your account to pay amounts you owe\nus on this account or any other account you have with us.\nCash Advances. We may offer you the opportunity to get a cash advance with convenience checks that we send you. We may not honor a convenience\ncheck for any reason stated on the check. You can also get cash or make a withdrawal from any institution or ATM that accepts the card or the account.\nIn addition, we will treat any purchase of certain cash like items as cash advances. Cash like items include for example, money orders, cashier\xe2\x80\x99s checks,\ntraveler\xe2\x80\x99s checks, electronic or wire transfers, foreign currency or other in-bank transactions, tax payments, lottery tickets or other legalized gambling\ntransactions, court costs, bail bonds and fines.\nYou Promise To Pay. You promise to pay us for all amounts owed to us under this Agreement.\nYour Responsibility. Each accountholder will receive a card. You may not allow anyone else to use your account. If you do, or if you ask us to send a card\nto someone else, you will be responsible for paying for all charges resulting from their transactions.\nTransaction Limits. To prevent fraud, we may limit the number or dollar amount of any type of transactions you can make in any particular amount of time.\nWe also may decline any particular charge on your account for any reason.\nCredit Limit. You will be assigned a credit limit and cash advance limit on your account that we may increase or decrease from time to time. If we approve\na transaction that makes you go over your credit limit or your cash advance limit, we do not give up any rights under this Agreement and we do not treat it\nas an increase in either limit.\n\nHOW AND WHEN TO MAKE PAYMENTS\nWhen Payments Are Due. You must pay at least the total minimum payment due on your account by 5 p.m. (ET) on the due date of each billing cycle.\nPayments received after 5 p.m. (ET) will be credited as of the next day. You may at any time pay, in whole or in part, the total unpaid balance without any\nadditional charge for prepayment. If you have a balance subject to interest, earlier payment may reduce the amount of interest you will pay. We may delay\nmaking credit available on your account in the amount of your payment even though we will credit your payment when we receive it.\nPayment Options. You can pay by mail or online. We may allow you to make payments over the phone but we will charge you a fee to make expedited\nphone payments. Your payment must be made in U.S. dollars by physical or electronic check, money order or a similar instrument from a bank located in\nthe United States.\nHow To Make A Payment. You must follow the instructions for making payments provided on your billing statement. If you do not, credit of your payment\nmay be delayed up to five days. Your billing statement also explains how information on your check is used.\nPayment Allocation. We will apply the required total minimum payment to balances on your account using any method we choose. Any payment you make\nin excess of the required total minimum payment will be applied to higher APR balances before lower APR balances. Applicable law may require or permit us\nto apply excess payments in a different manner in certain situations, such as when your account has a certain type of special promotion.\n\nINFORMATION ABOUT YOU\nUsing and Sharing Your Information. When you applied for an account, you gave us and Crate and Barrel information about yourself that we could\nshare with each other. Crate and Barrel will use the information in connection with the credit program and for things like creating and updating its records and\noffering you special benefits. More information about how we use and share information is set forth in the privacy policy for your account.\nAddress/Phone Change. You represent that any phone number that you provide to us belongs to you and/or that you are authorized to provide that\nnumber. You also agree to tell us right away if you change your address or any phone number.\nConsent To Communications. You consent to us, as well as any other owner or servicer of your account, contacting you through any channel of\ncommunication and for any purpose, as permitted by applicable law. For informational, servicing, fraud, or collection related communications, you agree that\nwe may use the phone numbers that you provide to us to contact your cellular phone or wireless device with text messages, artificial or prerecorded voice\ncalls, and calls made by an automatic telephone dialing system. Text frequency may vary and may be recurring. This consent applies even if you are charged\nfor the call under your plan. You are responsible for any charges that may be billed to you by your communications carrier when we contact you. Message\nand data rates may vary. We and any carrier are not liable for delayed or undelivered messages. If you have questions, please call the number on the back\nof your card.\nTelephone Monitoring. For quality control, you allow us to listen to and/or record telephone calls between you and us.\n\n4\n\n\x0cIMPORTANT INFORMATION ABOUT YOUR ACCOUNT\nClosing Your Account. You may close your account at any time by sending a letter to the address shown on your billing statement or calling customer\nservice. We may close your account at any time, for any reason. If your account is closed, you must stop using it. You must still pay the full amount you owe\nand this Agreement will remain in effect until you do.\nCollection Costs. If we ask an attorney who is not our salaried employee to collect your account, we may charge you our collection costs. These include\ncourt costs and reasonable attorneys\xe2\x80\x99 fees.\nCredit Bureau Reporting. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your\naccount may be shown in your credit report. Tell us if you think we reported wrong information about you to a credit bureau. Write to us at P.O. Box 965024,\nOrlando, FL 32896-5024. Tell us what information is wrong and why you think it is wrong. If you have a copy of the credit report that includes the wrong\ninformation, send us a copy.\nDefault. You are in default if you make a late payment, do not follow any other term of this Agreement or become bankrupt or insolvent. If you default or\nupon your death, we may (a) request payment of the full amount due right away, (b) take legal action to collect the amounts owed, and/or (c) take any other\naction allowed.\nDisputed Amounts. The billing rights summary in section IV of this Agreement describes what to do if you think there is a mistake on your bill.\nIf you send us correspondence about a disputed amount or payment, you must send it to the address for billing inquiries. We do not give up\nany rights under this Agreement if we accept a payment marked \xe2\x80\x9cpayment in full\xe2\x80\x9d or given with any other conditions or limitations.\nUnauthorized Use. If your card is lost, stolen or used without your consent, call us immediately at 1-844-387-5294. You will not be liable for unauthorized\nuse on your account, but you will be responsible for all use by anyone you give your card to or allow to use your account.\n\nIMPORTANT INFORMATION ABOUT THIS AGREEMENT\nAssignment. We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to payments. We\ndo not have to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account.\nEnforceability. If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply.\nGoverning Law. Except as provided in the Resolving a Dispute with Arbitration section, this Agreement and your account are governed by federal law and,\nto the extent state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us in Utah.\nWaiver. We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in\nanother situation.\n\nRESOLVING A DISPUTE WITH ARBITRATION\nPLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST\nDISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A\nJURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING;\n(3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.\n1. CLAIMS AND PARTIES. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you (including\nany other user of your account), and us (including our parents, affiliates, agents, employees, officers, and assignees) that directly or indirectly arises\nfrom or relates to your account, your account Agreement or our relationship, except as noted below. In addition, Crate and Barrel and/or any assignee,\nagent, or service provider of ours that collects amounts due on your account are intended beneficiaries of this Arbitration section and may enforce it\nin full (notwithstanding any state law to the contrary).\n2. This Arbitration section broadly covers claims based upon contract, tort, consumer rights, fraud and other intentional torts, negligence, constitution,\nstatute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief, even if they arose before\nthis section took effect. You may not sell, assign or transfer a claim.\n3. Examples of claims subject to arbitration are disputes about an account transaction, fees, charges or interest, the events leading up to the Agreement\n(such as any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), an application for or\ndenial of credit, any product or service provided by us or third parties in connection with the Agreement, credit reporting, benefit programs related to\nyour account including any reward program, the collection of amounts due by our assignees, service providers, or agents and the manner of collection.\n4. However, we will not require you to arbitrate any individual case in small claims court or your state\xe2\x80\x99s equivalent court, so long as it remains an individual\ncase in that court. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new\nparty or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or\nmulti-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.\n5. Only a court will decide disputes about the validity, enforceability, coverage or scope of this Arbitration section or any part thereof. However, any\ndispute that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide.\n6. NO CLASS ACTIONS. IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT (A) TO PARTICIPATE\nIN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS\nA CLASS REPRESENTATIVE OR CLASS MEMBER, OR (B) TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS EXCEPT\nACCOUNTHOLDERS ON YOUR ACCOUNT. THUS, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO\nIS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED\nIN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE.\n7. PROCEDURES. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in\npapers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 662015320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select either the American Arbitration Association (AAA), 120 Broadway,\nFloor 21, New York, NY 10271, www.adr.org, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, to administer the\narbitration. If neither administrator can handle the dispute, a court with jurisdiction will appoint an arbitrator.\n8. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years\nof legal experience. The arbitrator must apply the same law, consistent with the Federal Arbitration Act (FAA), that would apply to an individual action\nin court, but may use different procedural rules. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the\nmatter were pending in court.\n\n5\n\n\x0c9. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court,\nincluding, without limitation, punitive damages (governed by the Constitutional standards employed by the courts) and injunctive, equitable and\ndeclaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party\xe2\x80\x99s\nindividual claim). The parties will bear the fees and costs of their attorneys, witnesses and experts. However, the arbitrator will have the authority to\naward fees and costs of attorneys, witnesses and experts to the extent permitted by the Agreement, the administrator\xe2\x80\x99s rules or applicable law.\n10. The arbitration will take place by phone or at a location reasonably convenient to you. If you ask, we will pay all the fees the administrator or arbitrator\ncharges if you cannot obtain a waiver of fees from the administrator and are acting in good faith. We will always pay arbitration costs required by the\nadministrator\xe2\x80\x99s rules or that are necessary for this Arbitration section to be enforced.\n11. GOVERNING LAW. This Arbitration section is governed by the FAA. Utah law shall apply to the extent state law is relevant under the FAA, unless\notherwise stated herein. The arbitrator\xe2\x80\x99s award will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may\nenter judgment upon the arbitrator\xe2\x80\x99s award. The arbitration award and any judgment confirming it will apply only to the specific case and cannot be\nused in any other case except to enforce the award.\n12. SURVIVAL. This Arbitration section shall survive the repayment of all amounts owed, the termination, cancellation or suspension of the Agreement\nor your account or credit privileges, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. If this\nArbitration section conflicts with the applicable arbitration rules or the other provisions of the Agreement, this Arbitration section shall govern.\n13. SEVERABILITY. If any portion of this Arbitration section is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force\nwith the following two exceptions. First, if a determination is made that the \xe2\x80\x9cNo Class Actions\xe2\x80\x9d provision is unenforceable, and that determination is\nnot reversed on appeal, then this Arbitration section shall be void in its entirety. Second, if a court determines that a public injunctive relief claim may\nproceed notwithstanding the \xe2\x80\x9cNo Class Actions\xe2\x80\x9d provision, and that determination is not reversed on appeal, then the public injunctive relief claim will\nbe decided by a court, and any individual claims will be arbitrated. The parties will ask the court to stay the public injunctive relief claim until the other\nclaims have been finally concluded.\n14. HOW TO REJECT ARBITRATION. You may reject this Arbitration section. If you do that, a court will resolve any dispute or claim. To reject this\nsection, send us a notice within 45 days after you open your account or we first provided you with your right to reject this section. The notice must\ninclude your name, address, account number, and personal signature, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 328965012. This is the only way you can reject this section. Rejecting this Arbitration section will not affect any other provision of the Agreement. It will also\nnot affect any prior arbitration agreement or dispute resolution provision between you and us, which will remain in full force and effect. If you don\xe2\x80\x99t\nreject this Arbitration section, it will be effective as of the date of the Agreement and will supersede any prior arbitration agreement between you and\nus that would otherwise be applicable.\n\nSECTION IV: OTHER IMPORTANT INFORMATION\nCRATE AND BARREL AND/OR CB2 MASTERCARD ACCOUNT AGREEMENT\nThis section of the agreement includes state notices, billing rights summary and rewards terms (if applicable) and is not required to be provided as part of the\ncredit card agreement posted online or provided to the CFPB.\n\nFR833282333 CRATE AND BARREL AND/OR CB2 MASTERCARD\xc2\xae\nTC DC PDF WF3064203C\n3/2021\n6\n\n\x0c'