THE PETAL VISA® CREDIT CARD CARDHOLDER AGREEMENT 

Effective as of Feb 12th, 2019 

This  Petal  Visa®  Credit  Card  Cardholder  Agreement,  together  with  your  Account  Opening  Disclosures 
(including, as applicable, the Privacy Policy, Truth in Lending Disclosure, and Risk-Based Pricing Disclosure) 
Arbitration Agreement, and credit card application (collectively, this “Agreement”) govern the use of the 
Petal Visa® credit card (“Card”) and related credit account (“Account”). Please read this Agreement and 
retain a copy for your records. This Agreement will become effective when you (or a person authorized 
by you) activate your Card by following the instructions on the Activation page of www.petalcard.com or 
the Petal mobile applications (“Petal Website”) and make a transaction using the Card or your Account. 
Your use of the Card is your consent to be bound by the terms of this Agreement. The Card is issued by 
WebBank (“Bank”), Salt Lake City, UT. Bank  is the  creditor and Card issuer. As used in this Agreement 
“we,” “us” and “our” mean the Bank as the Card issuer and creditor. The words “you” and “your” mean 
all persons responsible for complying with this Agreement, including the applicant, the cardholder, any 
guarantor and the person to whom we address Account statements. 

Use  of  the  Card  and  Account:  You  may  use  the  Card  to  make  purchases  only  for  personal,  family  or 
household  purposes  from  any  person  or  establishment  accepting  the  Card  (each  such  transaction,  a 
“Purchase”). The Card does not have a cash advance or balance transfer feature. You agree to use  the 
Card and Account only for legal and lawful purposes. Neither the Card nor the Account may be used for 
illegal transactions or for the purpose of paying us on this or any other form of credit account you may 
have with us. If you use your Card for any such purpose, you will be in default under this Agreement and 
we may block such transactions and/or terminate your Account, but you still will be liable to us for all 
charges relating to such transactions and all other transactions on your Account at the time it is closed.  

Promise to Pay: You promise to pay us for all amounts charged to the Account, including all purchases, 
interest and charges charged to your Account. You are obligated to repay us for all transactions made 
using your Card by people you have authorized to use the Card even if their use of the Card exceeds the 
authorization which you gave them. 

Credit Limit: We will grant you credit up to a maximum amount (your “Credit Limit”). You will be informed 
of your initial Credit Limit by email. Your current Credit Limit will be shown on each monthly statement. 
You promise not to exceed your Credit Limit. However, if you exceed your Credit Limit, we can still charge 
you for all Purchases, interest and fees without giving up any of our rights. If we ask you to promptly pay 
the amount of your Account balance above your Credit Limit, you agree to do so. At our discretion, we 
may (1) block transactions that would exceed your Credit Limit and (2) change your Credit Limit at any 
time without advance notice to you. 

Monthly Statement: We will send you a monthly statement for any billing period in which there is activity 
on your Account, or as otherwise required by applicable law. Your monthly statement will show, among 
other things, (1) the unpaid balance on your Account at the beginning of the billing period (the “Previous 

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Balance”); (2) any Purchases, interest and other debits posted to your Account in that billing period; (3) 
any payments and credits posted to your Account in that billing period; and (4) the Minimum Payment 
you must pay and the date your Minimum Payment is due (“Payment Due Date”) (which is set at least 21 
days after the billing date on your monthly statement). We will send the monthly statement to the address 
specified on your Application or to the address you designate from time to time, or, if you have agreed to 
receive paperless statements, we will send notification that the statement is available online to the e-mail 
address associated with your Account. 

Payments:  

Minimum Payment. Each month you must pay at least the Minimum Payment by the Payment Due Date 
shown on your monthly statement. The Minimum Payment is the greater of $25 or 2% of the previous 
balance plus interest, plus any amount past due. If your balance is less than $25, the minimum due will 
equal the balance on the account. You may pay more than the Minimum Payment or you may pay the 
total outstanding balance at any time. If you make a payment greater than your Minimum Payment, this 
does not affect your obligation to make the next Minimum Payment. Credits to your Account, such as 
from  merchants,  are  generally  not  considered  payments  and  will  not  reduce  your  total  Minimum 
Payment. 

When  Payments  Are  Due and  Credited.  We must  receive  at  least  the  Minimum  Payment  due  on your 
Account by, (1) 11:00 p.m. Eastern Time for payments made online (through the Petal Website) or over 
the phone or (2) 5:00 p.m. Pacific Time for payments made by mail (in each case, as applicable, the “Cut-
Off Time”). We must receive at least the Minimum Payment due on your Account by the Cut-Off Time on 
the Payment Due Date of each billing period. Payments received after the Cut-Off Time will be credited 
as of our next business day. Credit to your Account may be delayed for up to five (5) days if we receive a 
payment that does not adhere to the requirements set forth in this section and on your statement. The 
available credit on your Account may not  reflect your payment for up to fifteen (15) business  days or 
longer if we doubt the collectability of the payment or if we suspect fraudulent activity on your Account. 
Nonetheless,  we  will  credit  your  payment  to  your  Account  as  of  the  business  day  that  we  receive  it 
(provided we receive it prior to the Cut-Off Time).  

Payment Options. You can pay online through your online account, by telephone, by mail, or by setting up 
automatic payments. Your payment must be made in U.S. dollars with a draft or a check drawn on a U.S. 
bank and payable in U.S. dollars, or with a telephonic or electronic payment authorization in U.S. dollars. 
You agree not to send us any postdated checks. If you do, we may deposit it immediately upon receipt, 
despite the later date on the check.   

Payment Allocation. We will apply the required Minimum Payment to balances on your Account using any 
method  we  choose  (in  accordance  with  applicable  laws  and  regulations).  We  will  usually  apply  the 
Minimum Payment first to interest charges and then to balances. Although your Minimum Payment will 
be applied in any order at our discretion, payments in excess of the Minimum Payment will be applied to 
balances with the highest APR first and then to lower rate balances in descending order of APR. This means 

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that  balances  with  higher APRs  are  reduced  before balances with  lower  APRs  for  any  amount  of  your 
payment that is in excess of your Minimum Payment due. 

Disputed Payments. You agree not to send us payments marked “paid in full,” “without recourse” or with 
similar language. If you send such a payment, we may accept it without losing any of our rights under this 
Agreement,  including  our  right  to  collect  the  full  balance  amount  owed  by  you.  All  written 
communications concerning disputed amounts, including any check or other payment  instrument that 
indicates that the payment constitutes “payment in full” of the amount owed or that is tendered with 
other conditions or limitations or as full satisfaction of a disputed amount, must be mailed or delivered to 
Petal Card, Inc., MSC – 166931, P.O. Box 105168, Atlanta, GA 30348-5168, Attn: Disputed Payments. 

Calculation of Finance Charges and Daily Balance: 

Calculating Variable Rates; Prime Rate. For each billing period, variable rates may change when the Prime 
Rate changes. We calculate variable rates by referencing the Prime Rate published in the Money Rates 
section of The Wall Street Journal on the 25th day of each month or the next business day. 

Your Daily Periodic Rate and corresponding APRs may increase or decrease if the Prime Rate changes. 
Changes in the Prime Rate will apply to your entire Account balance; will take effect on the first day of the 
billing period following the change; and may result in increases or decreases in the amount of interest, 
minimum payments and/or number of payments. The Prime Rate is simply a reference index and may not 
be the lowest interest rate available. We may select a new interest rate index if the Prime Rate is not 
available.  
How We Calculate and Apply Interest. 

Prior to April 1, 2019. We use a method called Daily Balance (excluding current transactions) to calculate 
the interest charges applied to your account for each billing period. No interest charges will be imposed 
on  any  new  purchases  (i.e.,  purchases  that  first  appear  on  the  current  billing  statement)  until  the 
statement’s due date. After the due date, these purchases will become part of your Daily Balance and 
interest will accrue.  

Under this method, the total interest charged for a billing period, except for variations caused by rounding, 
equals  the  summation  of  the  amount  derived  from  multiplying  the  Daily  Balance  (“DB”)  by  the  Daily 
Periodic Rate (“DPR”) for all days in the statement period. 

We calculate your Daily Balance (“DB”) for each day by 

1)  taking the statement balance from the most recent statement that has passed its due date (“Most 

Recent Statement”), and 

2)  adding any interest charges accrued on the account since the Most Recent Statement due date, 

then 

3)  subtracting payments or credits that have been processed during the current statement billing 

period (note, we treat any net credit balance as a zero balance). 

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We calculate the Daily Periodic Rate (“DPR”) by 

1)  taking your APR (which can be found in the Interest Charge Calculation section of your Petal credit 

card statement), and 
2)  dividing the APR by 365. 

Where the sum of all unpaid interest for a given billing period is less than $0.50, we will not charge any 
interest that billing period.  

Beginning April 1, 2019. We use a method called Average Daily Balance (including new purchases) to 
calculate the interest charges applied to your account for each billing period. 

Under this method, the total interest charged for a billing period, except for variations caused by rounding, 
equals:  

•  Average Daily Balance (“ADB”)  
•  multiplied by Daily Periodic Rate (“DPR”)  
•  multiplied by the number of days in the billing period. 

We calculate the ADB by 

1)  calculating the daily balance for each day of the billing period by,  

first, taking the beginning balance of your account on that day, then 

• 
•  adding in new transactions, then  
•  adding any periodic interest charge (which is the previous day’s balance multiplied by the DPR 

• 

in effect on that day) on the previous day’s balance, then 
subtracting any payments and credits on that day (note, we treat any net credit balance as a 
zero balance). 

2)  Next, adding the daily balances together for each day of the billing period. 
3)  Then, dividing this sum by the number of days in the billing period. 

We calculate the DPR by 

1)  taking your APR (which can be found in the Interest Charge Calculation section of your Petal credit 

card statement), and 
2)  dividing the APR by 365. 

Where the sum of all unpaid interest for a given billing period is less than $0.50, we will not charge any 
interest that billing period.  

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You won’t  pay any interest on purchases  during the current billing  period if you pay the New Balance 
stated on your current billing statement in full by the payment due date shown on your current billing 
statement or your New Balance is zero or a credit (less than zero). We call this a grace period on purchases. 
If you choose not to pay your New Balance in full by the payment due date stated on your current billing 
statement, you will pay interest on each purchase starting on the first day of the billing period or, if later, 
the date each purchase posted to your account. You also won’t have a grace period on purchases again 
until the billing period following the billing statement in which you paid your New Balance in full by the 
payment due date. 

Pre-authorized Recurring Merchant Transactions: You may authorize a merchant to automatically initiate 
a transaction on a recurring basis to your Account. Upon the issuance by us of a new Card with a new 
Account  number  or  expiration  date,  you  may  be  required  to  contact  the  merchant  to  provide  such 
updated  information  in order  to  continue  the  recurring  transactions.  You  also authorize  us to  provide 
updated information to the merchant at our discretion. You must contact the merchant if you want to 
cancel automatic billing. 

Foreign  Currency  Transactions:  If  you  make  a  transaction  using  your  Account  in  a  foreign  currency 
(including, for example, online purchases from a merchant located outside of the U.S.), the credit card 
association will convert any transaction in foreign currency into U.S. dollars using an exchange rate for the 
applicable central processing date that is (1) selected by the association from the range of rates available 
in wholesale  currency markets, which rate may vary from the rate  the association receives, or (2) the 
government mandated rate. The conversion rate you get may differ from the rate on the transaction date 
or the posting date, and from the rate that the credit card association gets. A merchant or other third 
party may convert a transaction into U.S. dollars or another currency, using a rate  they select,  before 
sending it to the credit card association. 

Check Conversion Notification; Electronic Check Re-Presentment: If you provide a check as payment, you 
authorize us either to use information from your check to make a one-time electronic fund transfer from 
your bank account or to process the payment as a check transaction. When we use information from your 
check to make an electronic funds transfer, funds may be withdrawn from your bank account as soon as 
the same  day  we  receive your payment,  and you will not  receive your check  back  from your financial 
institution. In the event a check is returned unpaid for insufficient or uncollected funds, we may re-present 
the check electronically.  

Servicer: Petal Card, Inc. (“Petal”), along with its partners and service providers, is the servicer of your 
Card and Account. In that capacity, Petal may act on our behalf, perform our obligations, or enforce our 
rights under this Agreement.  

Events of Default: Subject to applicable law, we may consider your Account in default at any time if: (1) 
you fail to pay at least the Minimum Payment by the Payment Due Date; (2) you attempt to engage in a 
transaction over the Credit Limit; (3) you make a payment that is returned unpaid to us for any reason; 
(4) you breach any term under this Agreement; (5) we determine that any statement made by you to us 

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in connection with this Agreement, your Card or your Account was false or misleading; (6) you breach any 
terms under any other agreement that you have with us or Petal or with any the affiliates of any of them; 
(7) you file  for bankruptcy or some other insolvency proceeding is filed by or against  you; (8) you are 
declared incompetent or mentally incapacitated, or in the event of your death; or (9) we have any reason 
to believe you may not be creditworthy.  

Default Remedies: Upon your default and subject to any limitations or requirements of applicable law: 
(1) we may declare the entire amount you owe us immediately due and payable and/or suspend or cancel 
your Account privileges; and (2) you agree to pay all reasonable costs, including all court costs plus all 
reasonable attorneys’ fees if we must refer your Account for collection to any attorney who is not our 
employee.  

Entire  Agreement:  You  acknowledge  that  this  Agreement,  as  amended  (which  includes  your  Account 
Opening  Disclosures,  Arbitration  Agreement,  and  credit  card  application)  constitutes  the  entire 
agreement between you and us with respect to the Account and the Card, and supersedes and may not 
be  contradicted  by  evidence  of  any  prior  or  contemporaneous  written  or  oral  communication  or 
understanding between you and us concerning the Account or the Card. If we offer or provide rewards in 
connection with the Account, the disclosures relating to such rewards are separate and not part of this 
Agreement.  

Waiver: Our failure to exercise any of our rights under this Agreement, or our waiver of our rights on any 
one occasion shall not constitute a waiver of such rights on any other occasion. We will not lose our rights 
under this Agreement because we delay in enforcing any of them.  

Credit Reports and Account Information:  You give us permission to request information from you and to 
make whatever inquiries we consider necessary and appropriate (including requesting a consumer report 
from consumer reporting agencies and data from your bank, wealth manager or other financial services 
provider) in considering your Application and for any lawful purpose, including any updates, renewals or 
extensions of credit, or reviewing or collecting your Account. Upon your request to us, we will inform you 
of the name and address of each consumer reporting agency from which we obtained a consumer report, 
if any, relating to you. We may also obtain information about  your creditworthiness  and employment 
from others and may furnish information concerning your Account as well as information concerning you 
to consumer reporting agencies and to other proper parties. 

Customer  Privacy:  Our  privacy  policy  (“Privacy  Policy”)  is  provided  separately  in  accordance  with 
applicable law and can also be viewed online at https://www.petalcard.com/privacy-policy.  

Assignment:  We  may  at  any  time  and  without  notifying  you,  sell,  transfer  or  otherwise  assign  your 
Account or any Account balances to any party at any time. If we do so, then the purchaser, transferee, or 
assignee will succeed to all of our applicable rights and responsibilities under this Agreement. You may 
not assign or transfer your Account or any of your rights and obligations under this Agreement. Any such 
assignment or transfer by you will be void.  

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Change of Terms: Subject to the limitations of applicable law, we may at any time change, add to or delete 
any of the terms and conditions in this Agreement, including, but not limited to, interest rates and this 
Change of Terms provision. Such changes may be based, in whole or in part, upon factors including, but 
not limited to, anti-fraud policies and procedures, your record of making timely payments and staying 
within  the  established  Credit  Limit  on  your  Account  with  us,  or  your  credit  score  and  information 
contained  in  your  credit  report  and  financial  data. We will  give  you  notice of  any  change,  addition or 
deletion as required by applicable law. As of the effective date, the changed terms, at our option, will 
apply  to  new Purchases  and  to  the  outstanding  balances of  your  Account,  to the extent  permitted  by 
applicable law. 

Special Offers and Payment Plans: We may, at our discretion, make special offers to you at any time. Such 
offers may apply to all purchases or balances on your Account, or only to some purchases or balances. We 
will provide to you the terms of any special offer, and tell you how they differ from this Agreement. Except 
as provided in any special offer, the rest of this Agreement will still apply to your Account. These offers 
may include payment plans and skip payment offers. We may make special offers to certain cardholders 
and not others based on eligibility criteria that we may determine in our sole discretion. The availability 
of such an offer to certain cardholders shall not require that the offer be made available to all cardholders. 

Suspension/Revocation/Cancellation: Subject to applicable law, we may suspend, revoke or cancel your 
Account privileges, your right to use the Card or deny any transaction, in our sole discretion at any time, 
with or without cause and with or without giving you notice. Any such actions on our part will not affect 
your obligation to pay us the outstanding balance and interest under the terms of this Agreement. We are 
not liable for any refusal to honor your Card or Account, or for the retention of your Card by any person 
or entity. If we revoke or cancel the Card, you must destroy or return the Card. You may not use a Card 
after it has expired or after it has been revoked or cancelled. You may cancel your Account at any time. 
We may require that you return your Card and that it be cut in half. Your cancellation of the Account will 
not  affect  your  obligation  to  pay  us  the  outstanding  balance  and  interest  under  the  terms  of  this 
Agreement. If you ask us to cancel your Account but we believe you have continued to use your Account 
after the date of cancellation, we will consider such use as your request for reinstatement of your Account 
and we may then reinstate your Account.  

Severability:  Subject  to  the  Arbitration  Agreement:  (1)  if  any  part  of  this  Agreement  conflicts  with 
applicable  law,  that  law  will  control,  and  this  Agreement  will  be  considered  changed  to  the  extent 
necessary  to  comply  with  that  law;  and  (2)  if  any  part  of  this  Agreement  is  determined  by  a  court  of 
competent jurisdiction to be invalid, the remainder of this Agreement will remain in effect.  

Communications:  To  the  extent  permitted  by  applicable  law,  you  are  providing  express  written 
permission and consent authorizing us and our affiliates, agents, assigns, marketing associates and service 
providers (collectively, the “Messaging Parties”) to contact you through the mail, or by using automatic 
telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems and 
automated email systems in order to provide you with information about this Agreement or your Account, 

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including information about  upcoming Payment Due Dates, missed payments and returned payments. 
You  authorize  the  Messaging  Parties  to  make  such  contacts  using  any  telephone  numbers,  mailing 
addresses  or  email  addresses  you  supply  or  that  we  obtain  through  any  legal  means  to  any  of  the 
Messaging Parties. You understand that anyone with access to your mail, telephone or email account may 
listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging 
Parties will have no liability for anyone accessing such messages. You further understand that, when you 
receive a telephone call, text message or email, you may incur a charge from the company that provides 
you with telecommunications, wireless and/or internet services, and you agree that the Messaging Parties 
will  have  no  liability  for  such  charges  except  to  the  extent  required  by  applicable  law.  You  expressly 
authorize  the  Messaging  Parties  to  monitor  and  record  your  calls  with  the  Messaging  Parties.  You 
understand that, at any time, you may withdraw your consent to receive text messages and calls to your 
cellphone or to receive artificial or prerecorded voice message system calls from any Messaging Party by 
contacting such Messaging Party directly or by sending a request by email to support@petalcard.com with 
the subject line “END COMMUNICATIONS.”  You may opt-out of receiving most of these messages at any 
time by sending us a request to support@petalcard.com or by responding “STOP” to any text message. 
To stop emails, you can follow the opt-out instructions included at the bottom of the Messaging Parties’ 
emails.  

Notices and Change in Information: All notices to us must be sent to Petal Card, Inc., MSC – 166931, P.O. 
Box 105168, Atlanta, GA 30348-5168, Attn: Notices (or such other address we subsequently provide you, 
the “Notice Address”). To the extent permitted under applicable law, any notice you send us will not be 
effective until we receive and have had a reasonable opportunity to act on such notice. Any written or 
electronic correspondence we send to you will, however, be effective and deemed delivered when mailed 
to you at your mail address or your email address if you have authorized electronic communications, in 
each case as it appears on our records. All bankruptcy notices and related correspondence to us may be 
sent to Petal Card, Inc., MSC – 166931, P.O. Box 105168, Atlanta, GA 30348-5168, Attn: Bankruptcy Notice. 
You must notify us of any changes to your name, mailing or email address, or cell phone number within 
15 days of such change. You must notify us of changes to your mailing, email address, cell phone number 
by updated such information on the Petal Website. You must notify of us changes to your name by writing 
to Petal Card, Inc., MSC – 166931, P.O. Box 105168, Atlanta, GA 30348-5168, Attn: Name Change.  

Access to Financial Data: Throughout the period that you hold a valid Card, you must provide us with 
permission  to  access  financial  data  in  any  material  financial  accounts  held  in  your  name  (e.g.,  bank 
accounts, credit card accounts, etc.), by inputting your login credentials and linking such accounts on the 
Petal Website. Access to your financial data does not give us the right to initiate a preauthorized transfer; 
we must obtain such authorization separately, and you are not required to provide us such authorization 
as  a  condition of opening or  using this  Card. You  promise  to  keep  login  credentials  up-to-date  and  to 
update the linked bank accounts on the Petal Website as login credentials change or new accounts are 
opened. We promise to use  the information in such financial accounts  in compliance  with our Privacy 
Policy and all applicable laws. 

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Notice of Information Reporting: We may report information about your Account to other creditors, 
other financial institutions and credit bureaus. Late payments, missed payments, returned payments, 
or other defaults on your Account may be reflected in your credit report.  

Inaccurate Information: You have the right to dispute the accuracy of information we have reported to a 
credit bureau. If you think any information about your Account that we have reported is incorrect, please 
write to Petal Card, Inc., MSC – 166931, P.O. Box 105168, Atlanta, GA 30348-5168, Attn: Credit Reporting. 
Include your name, address, telephone number and a brief description of the issue. If available, please 
include a copy of the credit report in question. You may also contact us at the email or phone number on 
your statement. We will research your issue and will let you know if we agree or disagree with you. If we 
agree with you, we will contact the consumer reporting agency we reported to and request a correction.  

Identity  Theft:  If  you  believe  that  you  have  been  the  victim  of  identity  theft  in  connection  with  your 
Account  or  in  connection  with  any  other  loan  or  extension  of  credit  made  by  us,  you  can  request  an 
Identity Theft Form by calling toll free 1-855-697-3825 or writing to Petal Card, Inc., MSC – 166931, P.O. 
Box 105168, Atlanta, GA 30348-5168, Attn: Identity Theft. You should send us a police report and written 
statement in the form we provide you alleging that you are the victim of identity theft for a specific debt. 
Once we receive your documentation, we will cease debt collection activity until we have reviewed the 
materials, determined that the debt is still collectible, complied with all obligations described in the Billing 
Rights Notice below and sent you a written notice describing the basis for our determination. 

Military Lending Act Disclosure: Federal law provides important protections to members of the Armed 
Forces and their dependents relating to extensions of consumer credit.  In general, the cost of consumer 
credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage 
rate  of  thirty-six  percent  (36%).   This  rate  must  include,  as  applicable  to  the  credit  transaction  or 
account: the  costs  associated  with  credit  insurance  premiums;  fees  for  ancillary  products  sold  in 
connection with the credit transaction; any application fee charged (other than certain application fees 
for  specified  credit  transactions  or  accounts);  and  any  participation  fee  charged  (other  than  certain 
participation fees for a credit card account).  To hear disclosures related to the Military Lending Act, please 
call this toll-free number: 1-800-213-5794.  

Lost or Stolen Cards:  If your Card is lost or stolen or if you think someone may be using your Card without 
your permission, you must notify us promptly by calling 1-855-697-3825. You will not be liable for any 
unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that 
occurs before receipt of your notice by us. 

Governing Law: Except as provided in the Arbitration Agreement below, this Agreement and your Account 
are governed by federal law and, to the extent state law applies, the laws of the State of Utah without 
regard to its conflicts of law principles.  

Inadvertent Overcharges: It is not our intention to charge any interest charges or other amounts in excess 
of those permitted by applicable law or this Agreement. If any interest  charge, fee or other amount is 

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finally  determined  to  be  in  excess  of  that  permitted  by  applicable  law  or  this  Agreement,  the  excess 
amount will be credited to your Account or refunded to you.  

Headings: The section headings of this Agreement are inserted only for convenience and are in no way to 
be construed as substantive parts of this Agreement.  

ARBITRATION AGREEMENT 

PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY 
BE RESOLVED BY BINDING ARBITRATION AT EITHER PARTY’S REQUEST. UNLESS YOU REJECT IT WITHIN 
THIRTY  (30)  DAYS  AFTER  YOUR  ACCOUNT  IS  OPENED,  THE  ARBITRATION  AGREEMENT  WILL  HAVE  A 
SUBSTANTIAL  EFFECT  ON  YOUR  RIGHTS  IN  THE  EVENT  OF  A  DISPUTE.  ARBITRATION  REPLACES  THE 
RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS 
ACTION  OR  SIMILAR  PROCEEDING.  IN  ARBITRATION,  A  DISPUTE  IS  RESOLVED  BY  AN  ARBITRATOR 
INSTEAD OF A JUDGE OR JURY.  

THIS PROVISION DOES NOT APPLY IF YOU ARE A “COVERED BORROWER” AS DEFINED IN THE MILITARY 
LENDING ACT, 10 U.S.C. § 987. 

Agreement to Arbitrate: Maintaining good relationships with our customers is very important to us. We 
ask that you contact us immediately if you have a problem with your Account or a service we provide. 
Often a telephone call to us resolves the matter quickly and amicably. However, if you and we are unable 
to resolve our differences informally, you agree by opening or maintaining an Account with us, that if any 
dispute  between  you  and  us  arises  regardless  of  when  it  occurs,  it  will  be  settled  using  the  following 
procedures: YOU AND WE AGREE AND UNDERSTAND THAT (1) YOU AND WE ARE GIVING UP THE RIGHT 
TO TRIAL BY JURY AND (2) THIS SECTION PRECLUDES YOU AND US FROM PARTICIPATING IN OR BEING 
REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION OR JOINING OR CONSOLIDATING THE CLAIMS 
OF OTHER PERSONS. In addition, your agreement to arbitrate and waive trial by jury shall be applicable to 
parties acting on our behalf, including agents or independent contractors who collect your account on our 
behalf or purchase your account, and to parties acting on your behalf, such as your authorized users, heirs, 
or representatives. This Arbitration Agreement is governed by the Federal Arbitration Act (FAA), 9 U.S.C. 
§§ 1 et seq., and not by any state arbitration law. Except as set forth below, the parties agree to arbitrate 
any  dispute or  controversy  concerning  your  Account  or  related  products  or  services.  Either  party may 
request that the matter be submitted to arbitration.  

Commencing an Arbitration: The party electing arbitration must notify the other of such election. This 
notice may be given before or after a lawsuit has been filed concerning the Claim or with respect to other 
Claims brought later in the lawsuit, and it may be given by papers filed in the lawsuit such as a motion to 
compel arbitration. If you elect arbitration you must notify us in writing at Petal Card, Inc., MSC – 166931, 
P.O. Box 105168, Atlanta, GA 30348-5168, Attn: Arbitration. If we elect arbitration, we will notify you in 
writing at your last known address on file. 

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Claim:  A  “Claim”  is  any  unresolved  claim,  dispute  or  controversy  between  you  and  us,  whether  past, 
present or future, arising out of or related to this Agreement, your Account, products or services governed 
by this Agreement or the relationships resulting from this Agreement or your Account. “Claim” has the 
broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. 
It  includes  disputes  based  upon  contract,  tort,  consumer  rights,  fraud  and  other  intentional  torts, 
constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or 
declaratory relief). Solely for purposes of this Arbitration Agreement, the terms “we,” “us” and “our” also 
include  Petal  and  any  person  or  entity  named  as  a  co-defendant  with  us  in  a  Claim  asserted  by  you. 
Notwithstanding the foregoing, individual actions brought in small claims court (or your state’s equivalent 
court) are not eligible for arbitration; however, if the action is transferred, removed, or appealed to a 
different court, it shall be eligible for arbitration at either party’s request.  

Binding Arbitration: Binding arbitration is a means of having an independent third party (the arbitrator) 
resolve a dispute without using the court system, judges or juries. Either you or we can request binding 
arbitration.  Each  arbitration,  including  the  selection  of  the  arbitrator,  shall  be  administered  by  the 
American Arbitration Association (AAA), according to the Consumer Arbitration Rules of the AAA. A single 
arbitrator shall be appointed. If you have a question about the AAA, you can contact them as follows: 
American  Arbitration  Association,  1633  Broadway  10th  Floor,  New  York,  NY  10019,  1-800-778-7879, 
www.adr.org.  If  the  AAA  is  unable  to  serve  as  administrator  and  you  and  we  cannot  agree  on  a 
replacement,  a  court  with  jurisdiction  will  select  the  administrator  or  arbitrator,  provided  that  no 
company may serve as administrator, without the consent of all parties, if it adopts or has in place any 
formal or informal policy that is inconsistent with and purports to override the terms of the Class Action 
Waiver in this Arbitration Agreement. 

Powers and Qualifications of Arbitrators and Arbitration Procedures: Any arbitration hearing that you 
attend will take place in a location that is reasonably convenient for you. If you cannot obtain a waiver of 
the AAA’s or arbitrator’s filing, administrative, hearing and/or other fees, we will consider in good faith 
any request by you for us to bear such fees. Each party will bear the expense of its own attorneys, experts 
and witnesses, regardless of which party prevails, unless applicable law or this Agreement gives a right to 
recover any of those fees from the other party. The arbitrator shall follow applicable substantive law to 
the extent consistent with the FAA, applicable statutes of limitation and privilege rules that would apply 
in a court proceeding, and shall be  authorized to award all remedies available in an individual lawsuit 
under  applicable  substantive  law,  including,  without  limitation,  compensatory,  statutory  and  punitive 
damages  (which  shall  be  governed  by  the  constitutional  standards  applicable  in  judicial  proceedings), 
declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. Upon the timely request 
of  either  party,  the  arbitrator  shall  write  a  brief  explanation  of  the  basis  of  his  or  her  award.  The 
arbitrator’s award will be final and binding, except for any appeal right under the FAA. Any court with 
jurisdiction may enter judgment upon the arbitrator’s award. 

Class  Action  Waiver:  YOU  AGREE  NOT  TO  PARTICIPATE  IN  A  CLASS,  REPRESENTATIVE  OR  PRIVATE 
ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING 

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CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNT HOLDER. The arbitrator shall have no authority to 
conduct  any  class,  private  attorney  general  or  other  representative  proceeding,  and  shall  award 
declaratory or injunctive relief only in favor of the party seeking relief and only to the extent necessary to 
provide relief warranted by that party’s individual claim. If a court determines that this paragraph is not 
fully enforceable, only this sentence will remain in force and the remainder will be null and void, and the 
court’s determination shall be subject to appeal.  

Rights Preserved: This Arbitration Agreement and the exercise of any of the rights you and we have under 
this Agreement, does not stop you or us from exercising any lawful rights either of us has to use other 
available remedies; to comply with legal process; to obtain provisional remedies such as injunctive relief, 
attachment or garnishment by a court of appropriate jurisdiction; or to bring an individual action in court 
that is limited to preventing the other party from using or obtaining any provisional or self-help remedies 
and that does not involve a request for damages or monetary relief.  

Enforcement:  You  or  we  may  bring  an  action,  including  a  summary  or  expedited  motion,  to  compel 
arbitration of Claims subject to arbitration, or to stay the litigation of any Claims pending arbitration, in 
any court having jurisdiction. Such action may be brought at any time, even if such claims are part of a 
lawsuit, unless a trial has begun or a final judgment has been entered. Any dispute concerning the validity 
or enforceability of this Arbitration Agreement must be decided by a court; any dispute concerning the 
validity  or  enforceability  of  the  Agreement  as  a  whole  is  for  the  arbitrator.  Failure  or  forbearance  to 
enforce this Arbitration Agreement at any particular time or in connection with any particular Claims will 
not constitute a waiver of any rights to require arbitration at a later time or in connection with any other 
Claims.  Any  additional  or  different  agreement  between  you  and  us  regarding  arbitration  must  be  in 
writing. If either you or we fail to submit to binding arbitration following a lawful demand, the party who 
fails to submit bears all costs and expenses incurred by the party compelling arbitration.  

Survival and Severability of Terms: This Arbitration Agreement shall survive: (i) termination or changes 
in the Agreement, the Account, or the relationship between you and us concerning the Account; (ii) the 
bankruptcy of any party; and (iii) any transfer, sale or assignment of your Account, or any amounts owed 
on your Account, to any other person or entity. If any portion of this Arbitration Agreement (except for 
the Class Action Waiver set forth above) is deemed invalid or unenforceable, the remaining provisions of 
the  Arbitration  Agreement  shall  remain  in  force.  No  portion  of  this  Arbitration  Agreement  may  be 
amended or waived absent a written agreement between you and us.  

RIGHT TO REJECT: You may reject this Arbitration Agreement by mailing a signed rejection notice to 
Petal Card, Inc., MSC – 166931, P.O. Box 105168, Atlanta, GA 30348-5168, Attn: Arbitration Rejection 
Notice, within thirty (30) calendar days after your Account is opened. Any rejection notice must include 
your name, address, email address, and telephone number. This is the only manner you can reject this 
section.  If  you  do  that,  only  a  court  may  be  used  to  resolve  any  Claim.  If  you  reject  this  Arbitration 
Agreement, that will not affect any other provision of the Agreement.  

YOUR BILLING RIGHTS  

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Your Billing Rights - Keep This Document for Future Use. 

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

What To Do If You Find a Mistake on Your Statement. 

If you think there is an error on your statement, please write to Petal Card, Inc., MSC – 166931, P.O. Box 
105168,  Atlanta,  GA  30348-5168,  Attn:  Billing  Dispute.  You  also  may  send  us  an  email  to 
support@petalcard.com with the subject line “DISPUTE”. 

In your letter, give us the following information: 

•  Account information: Your name, address, and last four digits of your account number. 
•  Transaction information: The dollar amount(s) and date(s) of the transaction(s) in question. 
•  Description of problem: If you think there is an error on your bill, describe what you believe is 

wrong and why you believe it is a mistake.  

You must contact us: 

•  Within sixty (60) days after the error first appeared on your statement. 
•  At least three (3) business days before an automatic payment is scheduled, if you want to stop 

payment on the amount you think is wrong.  

You must notify us of any potential errors in writing. You may call us, but if you do we are not required to 
investigate any potential errors and you may have to pay the amount in question.  

What Will Happen After We Receive Your Letter. 

When we receive your notice, we must do two things: 

1.  Within thirty (30) days of receiving your notice, we must tell you that we received your notice. 

We will also tell you if we have already corrected the error. 

2.  Within ninety (90) days of receiving your notice, we must either correct the error or explain to 

you why we believe the bill is correct.  

While we investigate whether or not there has been an error: 

•  We cannot try to collect the amount in question, or report you as delinquent on that amount. 
•  The  charge  in  question  may  remain  on  your  statement,  and  we  may  continue  to  charge  you 

interest on that amount. 

•  While you do not have to pay the amount in question, you are responsible for the remainder of 

your balance. 

•  We can apply any unpaid amount against your credit limit.  

After we finish our investigation, one of two things will happen: 

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• 

• 

If we made a mistake: You will not have to pay the amount in question or any interest or other 
fees related to that amount. 
If we do not believe there was a mistake: You will have to pay the amount in question, along with 
applicable interest and fees. We will send you a statement of the amount you owe and the date 
payment is due. We may then report you as delinquent if you do not pay the amount we think 
you owe.  

If you receive our explanation but still believe your bill is wrong, you must write to us within ten (10) days 
telling  us  that  you  still  refuse  to  pay.  If  you  do  so,  we  cannot  report  you  as  delinquent  without  also 
reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported 
you as delinquent, and we must let those organizations know when the matter has been settled between 
us.  

If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question 
even if your bill is correct.  

Your Rights If You Are Dissatisfied With Your Credit Card Purchases. 

If you are dissatisfied with the goods or services that you have purchased with your credit card, and you 
have tried in good faith to correct the problem with the merchant, you may have the right not to pay the 
remaining amount due on the purchase.  

To use this right, all of the following must be true: 

1.  The purchase must have been made in your home state or within 100 miles of your current mailing 
address,  and  the  purchase  price  must  have  been  more  than  $50.  (Note:  Neither  of  these  are 
necessary if your purchase was based on an advertisement we mailed to you, or if we own the 
company that sold you the goods or services.); 

2.  You must have used your credit card for the purchase. Purchases made with cash advances from 

an ATM or with a check that accesses your credit card account do not qualify; and 

3.  You must not yet have fully paid for the purchase.  

If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: 
Petal Card, Inc., MSC – 166931, P.O. Box 105168, Atlanta, GA 30348-5168, Attn: Purchase Dissatisfaction.  

While we investigate, the same rules apply to the disputed amount as discussed above. After we finish 
our investigation, we will tell you our decision. At that point, if we think you owe an amount and do not 
pay, we may report you as delinquent. 

STATE NOTICES 

Cardmembers:  Your signature (including any digital or electronic signature), address and the date on the 
application, or other evidence of indebtedness, or your acceptance of these Terms and Conditions through 

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an  electronic  transmission  to  us  represents  your  signature,  address  and  the  date on  these  Terms  and 
Conditions, which are incorporated herein by reference.  

NOTICE TO THE APPLICANT - 1. DO NOT SIGN THIS CREDIT AGREEMENT BEFORE YOU READ IT OR IF IT 
CONTAINS  BLANK  SPACES.  2.  YOU  ARE  ENTITLED  TO  A  COMPLETELY  FILLED  IN  COPY  OF  THIS  CREDIT 
AGREEMENT. 3. YOU MAY AT ANY TIME PAY MORE THAN THE MINIMUM PAYMENT, OR YOUR ENTIRE 
BALANCE IN FULL WITHOUT INCURRING ANY ADDITIONAL CHARGE FOR PREPAYMENT. 

All Accounts, including California and Utah Residents: As required by law, you are hereby notified that a 
negative credit report reflecting on your credit record may be submitted to a credit reporting agency if 
you fail to fulfill the terms of your credit obligations.  

Wisconsin Residents: Your signature confirms that this loan obligation is being incurred in the interest of 
your marriage or family. No provision of any marital property agreement, unilateral statement or court 
decree adversely affects a creditor’s interest unless, prior to the time the credit is granted, the creditor is 
furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision.  

Maryland Residents:  You have the right under Section 12-510 of the Commercial Law Code to receive an 
answer to a written inquiry concerning the status of your Account. Finance charges will be imposed in 
amounts or at rates not in excess of those permitted by law. 

New Jersey Residents:  Because certain provisions of this Note are subject to applicable laws, they may 
be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void, 
unenforceable or inapplicable in New Jersey.  

Missouri Residents:   Oral agreements or commitments to loan money, extend credit or to forbear from 
enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. 
To protect you (borrower) and us (creditor) from misunderstanding or disappointment, any agreements 
we  reach  covering  such  matters  are  contained  in  this  writing,  which  is  the  complete  and  exclusive 
statement of the agreement between us, except as we may later agree in writing to modify it. 

New Hampshire Residents: This Agreement provides for reasonable attorneys’ fees to be awarded to us 
in an action against you involving this Agreement. Reasonable attorney's fees will be awarded to you if 
you prevail in any action, suit or proceeding brought by us; or an action brought by you. If you successfully 
assert a partial defense or set-off, recoupment or counterclaim to an action brought by us the court may 
withhold from us the entire amount or such portion of the attorney fees as the court considers equitable. 

END OF DOCUMENT 

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