Cardholder Agreements 

Reflex MasterCard® 
29.99% Variable APR (WSJ Prime + 25.74%) 
$120 annually Monthly Maintenance Fee (billed 
at $10 per month) 
$5.00 or 5% Cash Advance Fee (whichever is 
greater) 

Reflex MasterCard® 
29.99% Variable APR (WSJ Prime + 25.74%) 
$60 annually Monthly Maintenance Fee (billed 
at $5 per month) 
$5.00 or 5% Cash Advance Fee (whichever is 
greater) 

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ACCOUNT OPENING DISCLOSURES 

Interest Rates and Interest Charges 

Annual Percentage Rate (APR) 
for Purchases 

29.99% 
This APR will vary with the market based on the Prime Rate. 

APR for Cash Advances 

29.99% 
This APR will vary with the market based on the Prime Rate. 

Paying Interest 

Your  Payment  Due  Date  is  at  least  25  days  after  the  close  of 
each  Billing  Cycle.    W e  will  not  charge  you  any  interest  on 
purchases if you pay your entire Account balance by the Payment 
Due  Date  each  month. We  will  begin  charging  interest  on  cash 
advances on the transaction date. 

Minimum Interest Charge 

None 

For Credit Card Tips from the 
Consumer Financial Protection 
Bureau 

To  learn  more  about  factors  to  consider  when  applying  for  or 
using  a  credit  card,  visit  the  website  of  the  Consumer Financial 
at 
Protection 
http://www.consumerfinance.gov/learnmore. 

Bureau 

Fees 

Set up and Maintenance Fees 

NOTICE:  Some  of  these  set-up  and  maintenance  fees  will  be 
assessed before  you  begin  using  your  Card  and  will  reduce  the 
amount  of  credit  you  initially  have  available.    Based  on  your 
Credit  Limit of  $500,  your  initial  available credit  will be  $375 (or 
$345 if you choose to have an additional Card). 

You may still reject this plan, provided that you have not yet used 
the Card or paid a fee after receiving a Monthly Billing Statement. 
If  you do reject the plan,  you are not responsible for any Fees or 
Other Charges. 

•

Annual Fee

$125 for the first year After that, $96 annually 

• Monthly Maintenance Fee

$120 annually (billed at $10 per month)  
Monthly Maintenance Fee  not  billed for  the  first  12 months  your 
Account is opened

•

Additional Card Fee

  $30 (one time, if applicable, for authorized users) 

Transaction Fees 

Transaction  fees  are  not  billed  for  the  first  12  months  your 
Account is open. 

• Cash Advance

Either $5.00 or 5% of the amount of each cash advance, 
whichever is greater. 

•

Foreign Transaction

3% of each transaction in U.S. dollars. 

Penalty Fees 

•

Late Payment

• Returned Payment

Up to $38 

Up to $38 

3 

How  We  Will  Calculate  Your  Balance:  We  use  a  method  called  "average  daily  balance 
(including new purchases).” See INTEREST CHARGES below for more details. 

Billing  Rights:  Information  on  your  rights  to  dispute  transactions  and  how  to  exercise  those 
rights is provided in your Cardholder Agreement and Deposit Account Contract. 

7/1/2017

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INTEREST CHARGES: 

CHARGES AND FEES 

Periodic Rates. 
INTEREST  CHARGES  for  purchases  and  cash  advances  are  calculated  at  a  monthly  periodic 
rate of 2.4992%, which is equivalent to an ANNUAL PERCENTAGE RATE (“APR”) of 29.99%. 

Variable Rate. 
The  APR  may  increase  or  decrease  on  the  first  day  of  the  subsequent  monthly  Billing  Cycle 
based on  changes in  the  prime rate  (“Index”).   The  APR  is  calculated by  adding  the  amount of 
margin  stated  below  to  the  Index.   The  Index  is  the  prime  rate  published  in  the  Money  Rates 
section of The Wall Street Journal on the 25th  day of each month.  If the Index is not published on 
that day, the Index on the next business day will be used. Any increase in the APR may increase 
the amount of interest charged to your Account and the total amount you must pay, and may take 
the form of  an increase in the monthly Minimum Payment.  If the Index is no longer available, we 
will choose a new index that is based upon comparable information.   The APR for purchases and 
cash advances will be determined by adding a margin of 25.74% to the Index. 

INTEREST CHARGES are imposed on purchases beginning on the date a purchase is posted to 
your Account.   However, INTEREST CHARGES will  not be imposed on purchases made in  any 
Billing Cycle in  which the previous balance shown on your Monthly Billing Statement is  zero and 
you  pay  your  new  balance  in  full  by  the  Payment  Due  Date  shown  on  your  Monthly  Billing 
Statement.  INTEREST CHARGES are imposed on cash advances beginning on the date a cash 
advance is  obtained and continuing until the balance of  your Account is  paid  in  full. There is  no 
time in which you can pay the balance of cash advances in order to completely avoid INTEREST 
CHARGES. 

INTEREST  CHARGES  for  a  Billing  Cycle  are  calculated  separately  for  purchases  and  cash 
advances.   There  is  no  minimum  INTEREST  CHARGE.  The  INTEREST  CHARGE  calculation 
begins on the date the transaction is posted to your Account. 

For purchases, the INTEREST CHARGE is computed by multiplying the monthly periodic rate by 
the average daily balance of  purchases.   To determine the average daily balance of  purchases, 
we take the beginning outstanding balance of purchases each day, add any new purchases, and 
subtract any payments and/or credits.   This gives us the daily balance of purchases.   (Any  daily 
balance that  is  a  credit balance is  treated as  zero ($0.00) balance.)   Then,  we  add  all the daily 
balances of  purchases for the Billing Cycle together and divide the total by the number of days in 
the Billing Cycle. This gives us the average daily balance of purchases. 
For  cash  advances,  the  INTEREST  CHARGE  is  computed  by  multiplying  the  monthly  periodic 
rate by the average daily balance of  cash advances.   To  get the average daily balance of  cash 
advances,  we  take  the  beginning  outstanding  balance  of  cash  advances  each  day,  add  in  any 
new cash advances, and subtract any payments and/or credits that we apply to the cash advance 
balance. This  gives  us  the  daily balance of  cash  advances.   (Any daily balance  that  is  a  credit 
balance is treated as zero ($0.00) balance.)   Then, we add all the daily balances of cash advances 
for the Billing Cycle together and divide the total by the number of days in the Billing Cycle. This 
gives us the average daily balance of cash advances. 

FEES AND OTHER CHARGES: 

Your Account is subject to the following Fees and Other Charges, each of which may be charged 
to your Account: 

Cash Advance Fee. In addition to the INTEREST CHARGE on cash advances, there is a fee of 
5%  or  $5.00,  whichever  is  greater,  for  each  cash  advance  posted  to  your  Account  that  month 
(“Cash  Advance  Fee”).    NO  CASH  ADVANCES  ARE  PERMITTED  DURING  THE  FIRST  95 
DAYS AN ACCOUNT IS OPEN.  Cash Advance Fees will not be assessed during the first twelve 
(12) months after your Account is open. 

Additional Card Fee. Your Account will be assessed a one-time additional card fee of $30.00 for 
each authorized user you add to your Account. 

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Foreign  Currency  Transaction  Fee.    Your  Account  will  be  assessed  a  foreign  currency 
transaction  fee  equal  to  3%  of  any  transaction made  in  a  foreign  currency that  is  converted  to 
U.S.  Dollars.   This  fee  will  not  be  assessed to  foreign transactions made in  the  first  12 months 
your Account is open. 

Annual  Fee.   Your  Account  will  be  assessed an  Annual Fee  of  $125.00  (“Annual Fee”)  for  the 
first year and $96.00 each subsequent year. The Annual Fee will be billed to  your Account once 
the Account is opened, and on  or about  your anniversary date each  year.   Your payment of  the 
Annual Fee does not  affect our  right to  close  your Account or  our  ability to  limit transactions on 
your Account. 

Annual Fee Renewal Refund Disclosure.  We will refund the Annual Fee charged to your Account 
if you notify us, within 30 days from the date of the Monthly Billing Statement on which it appears, 
that you wish to close your Account. 

Monthly Maintenance Fee.   Your  Account  will  be  assessed a  monthly maintenance fee,  which 
will  be  billed  at  $10.00  per  month  to  your  Account  (“Monthly  Maintenance  Fee”) at the end of 
each Billing Cycle.  The  Monthly Maintenance Fee  will  not  be  billed  in  the  first  12  months  your 
Account is open.  Your payment of the Monthly Maintenance Fee does not affect our right to close 
your Account or our ability to limit transactions on your Account. 

Late  Payment  Fee.   If  we  do  not  receive  a  payment  from  you  in  at  least  the  amount  of  the 
minimum payment due (“Minimum Payment”) by the  Payment Due Date shown on  your Monthly 
Billing  Statement,  you  will  be  charged  a  Late  Payment  Fee  equal  to  the  lesser  of  $27  or  your 
Minimum  Payment  (“Late  Payment  Fee”)  in  accordance  with  law.  If  you  fail  to  make  a  timely 
payment in any of the six (6) Billing Cycles after the initial late payment, you will be charged $38 
or  the  amount of  the  required Minimum Payment,  whichever is  less. We may refer to this fee as 
the “Late Fee” or “Late Charge”. 

Returned  Payment  Fee.     If  you  make  a  payment  on  your  Account  and  your  check  or  other 
payment instrument (including an electronic funds transfer or a telephone authorized draft) is not 
honored for any reason or cannot be processed, we will charge a Returned Payment Fee equal to 
the lesser of $27 or  your Minimum Payment (“Returned Payment Fee”).   In the event a payment 
is  returned  in  any  of  the  six  (6)  Billing  Cycles  after  the  initial  returned  payment,  you  will  be 
charged  $38  or  the  amount  of  the  required  Minimum  Payment,  whichever  is  less. The charge 
may be imposed even if  we elect to re-present the item and it is paid upon our re- presentment.  
We will not charge both a Late Payment Fee and a Returned Payment Fee based upon a single 
payment. 

OTHER IMPORTANT DISCLOSURES: 

Security Deposit  (if  applicable). W e may require  a  collateral  deposit  in  the  form  of  a  security 
deposit, up to the full amount of the Credit Limit to be paid in full before the Account is opened to 
secure your obligations under this Agreement and to offset the risk  associated with the  Account.  
You understand and agree that  if we require a security  deposit,  we may use any or all 
amounts  of  the  deposit  to  pay  amounts  you  owe  under  this  Agreement  if  you  are  in 
default  or  you  or  we  close  or  cancel  your  Account.   Refer to the “Terms and Conditions of 
Your  Deposit  Account”  and  “Truth  in  Savings  Disclosure  –  Deposit  Account”  section  of  this 
Agreement for more information. 

Available Credit Limits. Once the entire security deposit, if applicable, is paid in full, your Account 
will be opened and you will have access to your initial available credit.  Funds received in connection 
with a security deposit may be held up to 10 days before an Account is opened. 

Cash Back Rewards Program.  Your Account may provide you with cash back rewards.  If it does, see 
the separate Cash Back Rewards Agreement provided to you for terms and conditions of the rewards 
program.  If your Account includes a cash back rewards feature, the Cash Back Rewards Agreement is 
incorporated into this Agreement by reference, and any and all disputes related to the Cash Back Rewards 
Agreement are subject to the arbitration provision contained herein. 

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CELTIC BANK CARDHOLDER AGREEMENT AND DEPOSIT ACCOUNT 
CONTRACT 

YOUR AGREEMENT WITH US 

General Terms. This Agreement covers the terms and conditions of the Card Account (“Account”). 
Celtic Bank is  the  Card  issuer  and  assigns its rights for servicing and other rights to Continental 
Finance Company (“Continental Finance”) after Card issuance. 
You agree to be bound by the following terms and conditions, which shall constitute an agreement 
between  you  and  us.   Furthermore,  by  accepting  and  using  the  Card,  or  paying  any  INTEREST 
CHARGES, Fees, or Other Charges, whichever comes first, you expressly agree to be bound by 
the provisions of this Agreement and the rates and charges for use of the Card, including as set 
forth  under  the  “Charges  and  Fees”  provisions,  which  are  hereby  expressly  incorporated  by 
reference into this Agreement. 
In this Agreement, “we”, “us”, and “our” refer to Celtic Bank as the issuer of the Card and Continental 
Finance  as  servicer.  “Agreement” means  this  Celtic  Bank  Cardholder  Agreement  and  Deposit 
Account Contract.   The words "you" and "your" mean the person who applied for the Account and 
each person  to  whom  we  issue  a  Card  at  the  applicant’s  request  or  who  uses  a  Card  with 
the applicant’s consent (“Additional Card or Authorized User”).  The word “Card” means your credit 
card. 
Please read this Agreement carefully and save it for future reference. It contains important state 
and federal disclosures, including Regulation Z disclosures and disclosures regarding your rights 
in  case  of  errors  or  inquiries  about  your  bill  and  important  provisions relating  to  arbitration and 
litigation. 

Applicable  Law.  This  Agreement  and  your  Account,  and  any  claim,  dispute  or  controversy 
(whether in  contract, tort,  or  otherwise) at  any  time arising from  or  related to  your  Account, this 
Agreement  or  any  transferred  balances,  are  governed  by  and  construed  in  accordance  with 
applicable federal law and, to the extent not preempted by federal law, by the laws of Utah (without 
applying  its  choice-of-law  rules). The formation, legality, enforceability, and interpretation of this 
Agreement, and any amounts contracted for, charged and received under this Agreement, will be 
governed by such laws. This Agreement is entered into between you and us in  Utah, regardless 
of  the  state  of  your  residence  or  whether  or  not  your  Account  or  Card  is  used  in  Utah.    Our 
decisions regarding the  extension of  credit  to  you  are  made  in  the  State  of  Utah.   Federal and 
Utah law will also apply to any controversy, claim, or dispute arising from or relating in any way to 
the  subject  matter  of  this  Agreement  and  your  Account,  including,  without  limitation,  statutory, 
equitable, and tort claims. 

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  36 
percent.  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 be provided with an oral disclosure of this information, please 
call toll-free 1-866-449-4514. 

Effective Date: This Agreement is effective upon the earlier of your acceptance and use of the Card 
to make a purchase or to receive a cash advance, or your payment of INTEREST CHARGES, Fees 
or Other Charges. You may reject this Card, provided that you have not yet used the Card or paid 
INTEREST CHARGES, Fees, or Other Charges after receiving a Monthly Billing Statement.  If you 
reject  the  Card,  you  are  not  responsible  for  any  INTEREST  CHARGES,  Fees  or  Other 
Charges.  Notwithstanding anything to the contrary in this Agreement, if you are a resident of the 
State of New York, this Agreement is effective upon your acceptance and use of the Card. 

Changes in  Agreement Terms. We can change any term  of  this Agreement, including the rate 
at  which  or  manner  in  which  INTEREST  CHARGES,  Fees, and Other Charges  are  calculated, 
in  our  sole discretion, upon such notice to  you as is  required by law. At our option, any change 
will  apply both to your new activity and to  your outstanding balance when the change is effective 
as permitted by law. 

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Binding Effect.  This Agreement is binding upon and enforceable against your heirs, legal 
representatives, and successors. 

Severability.  If   any  provision  of   this   Agreement,  including  any  portion  of   the   Arbitration 
Provisions set  forth  below,  is  determined to  be  invalid  or  unenforceable under  any  rule,  law,  or 
regulation,  the  validity  or  enforceability  of  any  other  provision  of  this  Agreement  shall  not  be 
affected, and in lieu of such invalid or unenforceable provision there shall be added automatically, 
as  part  of  this  Agreement,  a  provision  as  similar  in  terms  as  may  be  valid  and  enforceable,  if 
possible.  Notwithstanding the  foregoing,  if  a  class  action  litigation  or  a  class-wide  arbitration  is 
permitted  for  any  reason,  either  party  may  require  that  the  entire  Dispute,  as  defined  in  the 
Arbitration  Provision  below,  be  heard  by  a  judge,  sitting  without  a  jury,  under  applicable  court 
rules and procedures. 

Entire  Agreement.   This  Agreement,  together  with  your  Application,  constitutes  the  final  and 
complete  credit  agreement  between  you  and  us  relating  to  your  Account  and  supersedes  and 
may  not  be  contradicted by  evidence  of  any  prior,  contemporaneous, or  subsequent oral  credit 
agreement between you and us relating to your Account. 

USING YOUR CARD 

Sign  Your  Card.  To  avoid  unauthorized  use  of  your  Card,  please  sign  the  back  of  your  Card 
immediately. 

General Use. You may use your Card and your Account to make purchases if your Account is in 
good standing and you have available credit.  Your Card and Account may be used only for valid 
and  lawful  purposes.  If  you  or  an  Authorized  User  uses  your  Card  and  Account  for  any  other 
purpose, you will be responsible for the use and may be required to reimburse us for all amounts 
or expenses we pay as a result of the use. No cash advances are permitted during the first ninety 
five (95) days  an Account is open. After ninety five (95) days have elapsed from Account open 
date,  you may obtain cash  advances (See Cash Advance Fee  section).   You  may  not  use  the 
Card  or  your  Account  for  any  illegal  transaction  or  any  gambling  transaction. We  will  decline 
identifiable gambling transactions.   We may impose restrictions on  your Account at any time as 
determined to be necessary by us in connection with our  efforts  to  detect  fraud  or  unauthorized 
use,  including  restrictions  on  (a)  the  number  of transactions allowed  per  day;  (b)  the  dollar 
amount of  transactions approved; (c)  your ability to obtain cash advances; and (d)  your ability to 
use your Card at an automated teller machine (“ATM”). 

If  you  give  your  Account  number  to  make  a  purchase  or  obtain  a  cash  advance  without 
presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect 
will be the same as if the Card was present. 

You  may  also  use  your  Card  and  a  personal  identification  number  (“PIN”)  to  obtain  cash 
advances  at  an  ATM,  if  we,  at  our  option,  issue  you  a  PIN.  ATM  transactions  are  treated  the 
same as  cash  advances. We may restrict  your  access to  any ATM  at  any time.  You should not 
keep your PIN with your Card. If you believe that anyone has gained unauthorized access to your 
PIN,  you  should  advise  us  immediately by  following the  procedures  under  the  heading  “Lost  or 
Stolen Card.” 

Your Responsibility for  Authorized Users.  If  another person  is  given  access  to  your  Account 
and/or  Card  with  your  express  or  implied  permission,  notwithstanding the  provision  above,  that 
person is an Authorized User, even if we did not issue an additional Card in the Authorized User’s 
name.  At  your  request,  and  if  we  agree,  we  may  issue  an  additional  Card  in  the  name  of  an 
Authorized  User  with  your  Account  number.  You  will  be  responsible  for  all  charges,  cash 
advances, INTEREST CHARGES, purchases and Fees incurred by any Authorized User. W e are 
not  required  to  try  to  obtain  payment  from  any  Authorized  User  before  requiring  payment  from 
you. 

If  you  wish  to  remove  an  Authorized  User  from  your  Account  you  must  contact  us  either  by 
telephone or in writing. You will still be responsible for payment of all purchases, cash

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advances, INTEREST CHARGES and Fees incurred or obtained by the Authorized User. W e may close your 
existing Account and issue you a new Card and Account number.  

Lost or Stolen Card. If you notice the loss or theft of your Card or a possible unauthorized use of your Card, 
you should write to us immediately at:  Continental Finance, P.O. Box 3220, Buffalo, NY 14240-3220,  or 
call us  at  1-800-556-5678.   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  your notice to  us. In  any case,  your 
liability will not exceed $50.   

Refusals  to  Honor  Card/Rejection of  Transactions. We  are  not  responsible  if  any  financial institution, 
merchant, or other person refuses to honor your Card.  Except as otherwise required by law or regulations, 
we will not be responsible for merchandise or  services purchased through your Card.  Also, we may reject 
any transaction for any reason. 

USING YOUR ACCOUNT 

Accessing Your Credit Line. You can use the Card and your Account to make purchases and obtain cash 
advances. Upon your request, you may be assigned a PIN. If a PIN is assigned to you,  you  may  obtain  a  
cash  advance, any time after ninety five (95) days after Account opening,   at   any  authorized  ATM  that  
bears  the  Mastercard® acceptance mark by using the Card and PIN.  You should keep your PIN secure and 
not write it down, give it to anyone or keep it with your Card.  Contact us immediately if someone has gained 
unauthorized access to your Card(s). 

Understanding Your Credit Limit. Your “Credit Limit” is the maximum amount of credit we have approved 
for your Account. The amount of your Credit Limit is disclosed in the “Account Opening Disclosures” section 
of  this  Agreement and  on  your  Monthly Billing  Statements. You  are responsible for  keeping track  of  your 
Account balance and your Credit Limit.  Your Account balance may not  exceed  your  Credit  Limit  at  any  
time.  Decisions  on  Credit  Limit  Increases  will  be  in accordance with federal law. W e reserve the  right 
to approve or deny authorizations or transactions from any merchant at our sole discretion. 

Network  Outages.    From  time  to  time,  due  to  circumstances beyond  our  control  (such  as  fires, floods, 
earthquakes and  other  natural disasters and  unpredictable events), our  services may be unavailable.  We 
will not be responsible or liable if this happens. 

UNDERSTANDING YOUR PAYMENTS 

Your Promise to Pay, Cut-Off Time, Form of Payments.  You promise to pay to us all amounts advanced 
to  you  as  a  purchase  or  a  cash  advance  (including  amounts  advanced  for  Authorized  Users)  under  this 
Agreement, plus  all  INTEREST CHARGES and  Fees  assessed on  those amounts and  all  other  charges, 
costs,  and  Fees  which  are  applied to  your  Account.   All  payments must  be made in  U.S.  dollars, and  all 
checks or other items tendered in payment must be drawn on United States financial institutions.  Payments 
must  be  made  to  Continental  Finance  at  the  address  shown  on  the  Monthly  Billing  Statement  (“Mail 
Payments To” address”) and must be received by Continental Finance no later than 5:00 p.m., prevailing 
Eastern Time on the date on which they are due.  Payments made at a branch or office of  Celtic Bank or 
Continental Finance prior to  the close of  business at  the  branch or  office shall be  considered received on 
the day the payment is made at such location. 

Payment  Due  Date.  The  Payment  Due  Date  will  be  at  least  twenty-five (25)  days  after  the  Billing  Cycle 
closing  date  (“Payment Due  Date”).  Payments  will  be  credited  to  your  Account  as  of  the day of receipt if 
they are made in accordance with our instructions.   Your Payment Due Date  will always be the same day 
each month.  If the Payment Due Date falls on a weekend, holiday or other day on which we do not receive 
payments, the  Minimum  Payment Due  plus  any  other payment must  be  received  no  later  than  5:00  p.m. 
prevailing Eastern Time on the next business day we receive payments. 

Amount  of  Payment.  You  may  pay  any  or  all  of  the  amounts  you  owe  at  any  time  without penalty, 
but you must pay at least the Minimum Payment Due each month on or before the Payment Due Date. 

Minimum Payment Due: 
• 

If  the  New  Balance  shown  on  your  Monthly  Billing  Statement  is  less  than  or  equal  to$35.00, the 
Minimum Payment Due equals the New Balance. 

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• 

If  your New Balance exceeds $35.00, the Minimum Payment Due equals the greater of 4.00%  of 
the  New  Balance  or  $35.00,  plus  any  Late  Payment  Fee  assessed  in  the current Billing Cycle 
plus any past due amounts, not to exceed your Account balance. 

Applying of Payments. Payments in excess of the Minimum Payment Due are applied in accordance with 
law. 

Availability of Credit and Payment Holds. Generally, payments are credited to  your Account on the day 
they are received.  Available credit created as a result of payments posted to  your Account may not be 
available for up to seven (7) days, or longer if circumstances warrant an additional hold, or if we deem 
ourselves  at  risk  for  any  reason.  If  you  use  a  payment  service  provided  by  a  third  party  to  deliver  your 
payment to us, that third party may charge you a fee  for  such  service;  such  third  party  fees  will  not  be 
billed  to  your  Account.  Credit  to  your Account  may  be  delayed  up  to  five  (5)  days  if  payment  is  (a) 
not  received  at  the  Payment Address or (b) not accompanied by the payment coupon portion of your Monthly 
Billing Statement.  Delayed  crediting  may  result  in  Late  Fee  and  additional  INTEREST CHARGES  and 
Fees being applied to your Card. 

Direct Debit. You may choose, subject to our approval, to make a payment by means of  a direct debit  or 
charge  to  any  deposit,  savings,  or  credit  account  of  yours  (“Payment  Account”).  By  requesting  that  we 
process  a  payment  by  direct  debit  or  charge  to  your  Payment  Account,  you  hereby  authorize  us,  at  our 
option, to debit your Payment Account by means of an electronic transaction or to submit a paper check or 
draft to your financial institution, consistent with your instructions. 

Electronic Check  Presentment. If  you  pay by  check,  you  are  authorizing  us  to  use  information on  your 
check  to make a  one-time electronic  debit  from  your  account at  the  financial institution indicated on  your 
check. This electronic debit will be for the amount of your check; no additional amount will be added to the 
electronic  debit.    W e  will  process  your  payment  using  the  Automated  Clearing  House  (“ACH”)  system.  
Electronically processed and/or presented checks (and checks presented electronically) are not returned to 
you by your financial institution, bank or credit union. We will retain an image of your electronically processed 
check as required by law.  A copy of the check can also be retrieved by contacting your financial institution. 
Please contact the Customer Service Department at the telephone number on your Monthly Billing Statement 
to learn about other payment options. 

Irregular Payments and Delay in Enforcement, Waivers and Releases. We may accept late payments, 
partial payments, checks, and money orders marked “paid in full” or language having the same effect, without 
losing any of our rights or legal defenses. All written communications concerning disputed amounts, including 
a  check  or  other payment instrument that (a) indicates that the payment constitutes “payment in full”  or  is 
otherwise  tendered  as  full  satisfaction  of  a  disputed  amount,  or  (b)  is  tendered  with  other  conditions  or 
limitations, must be marked or delivered  to  us  at  the  address  for  billing  inquiries  shown  on  your  Monthly 
Billing Statement, not the payment address.   You waive presentment for payment, notice of non-payment, 
and  you agree to any extensions of time of payment and partial payment before, at, or after maturity. 

MONTHLY BILLING STATEMENTS, OTHER INFORMATION AND COMMUNICATION FROM US 

When We Send Monthly Billing Statements. W e will promptly send a Monthly Billing Statement at the end 
of each monthly Billing Cycle if your Account has a debit or credit balance greater than $1.00 or if an 
INTEREST CHARGE or Fee has been imposed. 

Where We Send Your Monthly Billing Statement. We will send Monthly Billing Statements and any other 
notices to you at the address shown in our files. You agree to notify us promptly of any change in your 
address. We may accept address changes or corrections from the United States Postal Service. We may 
also mail Monthly Billing Statements and other communications to you at any address we determine to be an 
address at which you can receive mail. If you elect to receive Monthly Billing Statements and other 
communications electronically, we may send those Monthly Billing Statements and communications as 
directed by you. 

Understanding Your  Monthly  Billing  Statement.  The  Monthly  Billing  Statement  will  show  the Previous 
Balance, purchases and cash advances posted during the Billing Cycle, any  INTEREST CHARGES, Fees 
and Other Charges, and all payments, debits, and credits to your Account through the Billing Cycle Closing 
Date. It will also show, among other things, your New Balance, the Minimum Payment Due, and the Payment 
Due  Date  (which  will  be  at  least  twenty-five (25) days after the Billing Cycle Closing Date and will be the 
same day every month). 

10 

 
 
 
 
 
 
 
 
 
You agree to review your  Monthly Billing Statement promptly and to report any erroneous entries on such 
Monthly  Billing  Statement.   You  are  obligated to  report  erroneous entries  within  60  days  after  we  mail  or 
otherwise make the Monthly Billing Statement available to  you.   If  you do not report the erroneous entries 
within the timeframe, the entries on your Monthly Billing Statement and the corresponding Account balance 
will be presumed to be correct.  This means we will have no liability to you for transactions appearing on your 
Monthly Billing  Statement.   If  you  dispute  a  transaction  made  by  you  or  someone  else  on  your  Account 
and  we  later  credit  your  Account for  all  or  part  of  the  disputed amount,  you  will  give  us  all  of  your rights 
against  that  other  person.    You  also  agree  to  give  us  any  merchandise  associated  with  the  disputed 
transaction  and  to  help  us  in  our  efforts  to  seek  reimbursement  (including,  but  not  limited  to,  providing 
documents). 

Your Consent to  Automated-Dialer and Pre-recorded Calls and Text Messages. By providing us with a 
telephone  number(s),  at  any  time,  you  consent  and  authorize  Celtic  Bank  and  its  affiliates,  agents  and 
independent contractors, to contact you regarding your Account at such number(s) using any lawful means 
of  communication,  including,  but  not  limited  to  calls  placed  to  your  cell,  mobile  or  other  phone  using  an 
automated  dialing  service,  pre-recorded  messages  or  text  messages.   Providing  us  with  a  telephone 
number(s) constitutes a new authorization for such communications, which authorization takes priority over 
any prior preference or election you made to opt-out of receiving calls made using automated dialing services, 
pre-recorded messages or text messages.  You do have the option to opt out of receiving communications at 
that number any time thereafter.  Standard text messaging and/or calling charges imposed by your provider 
may apply. 

E-mail. By providing us with your e-mail address, you agree to receive correspondence electronically from 
us  and  our  affiliates  and  service  providers.  We  may  communicate  with  you  by  e-mail  for  any  lawful  or 
business purpose. 

DEFAULT PROVISIONS 

Events of Default. You will be in default of this Agreement if any of the following occur on this or any other 
Account you have with us: 

•  You  do  not  pay  at  least  the  Minimum  Payment  Due  on  your  Account on  or  before  the Payment 

Due Date. 

•  You die or become legally incompetent. 
•  A bankruptcy or other insolvency proceeding is filed by or against you. 
•  You exceed or attempt to exceed your Credit Limit. 
•   You  provide  us   with  or  have  provided  us  with  false  or  misleading  information  or 

signatures at any time. 

•  You fail to comply with this Agreement. 
•   You fail to make any payment or perform any promise in any agreement or obligation you have with 

us. 

•  Any judgment, lien, attachment or execution is issued against you or your property. 
•  You request an excessive number of replacement Cards. 
•  We reasonably believe you will not pay amounts owed to us for any reason. 
•  You permanently reside outside of the United States. 

If  You  Are In Default: Upon  your default of  this Agreement, we have all remedies provided by law 
including, without limitation, and without prior notice or demand (except as required by applicable law), the 
right to: 

•  Deny use of your Account. 
•  Close or refuse to renew your Account. 
•  Demand the return of your Card(s). 
•  Declare your entire Account balance immediately due and payable. 
• 
Increase your Minimum Payment. 
• 
Initiate collection activity. 
•  Not replace your Card(s). 
•  Reduce your Credit Limit. 
•  Apply any part or all of your security deposit, if applicable, to balances due.  
•  Pursue any action against you permitted by law. 

Collection Costs.  To  the  extent  permitted by  law,  you  must  pay  all  court  and  collection  costs, including 
reasonable attorneys’ fees  that  we  incur  as  a  result  of  your  default. A  contingency or hourly arrangement 

11 

 
 
 
 
 
 
established by us  with an attorney or  collection agency to collect an  Account in default is presumed prima 
facie reasonable. 

CLOSING YOUR ACCOUNT 

We  May  Close  or  Suspend  Your  Account.  We  may  terminate  your  privileges  under  this Agreement 
or  cancel or  limit  your  privileges to  make purchases or  obtain cash  advances at  any time, with or without 
cause, subject to applicable notice requirements. 

You May Close Your Account. You may terminate your Account at any time by notifying us by telephone 
or in writing. 

Whether your Account was terminated by us or by  you,  you promise that any amounts that  you owe us at 
the time of termination, plus any new purchases or cash advances, as well as any INTEREST CHARGES, 
Fees and Other Charges that  will continue to  be imposed at the rates specified in  this Agreement, will be 
repaid according to this Agreement.   You agree that you will not try to make any purchases or obtain cash 
advances after  you  have  been notified that  your privileges to use  your  Account have been canceled. You 
may terminate this Account at any time. In order to terminate your Account, you must either call us or give us 
written notice of your intent to terminate your Account  at  the  address  for  inquiries shown  on  your  Monthly 
Billing Statement, and pay your outstanding Account balance in full. Your notice of termination will become 
effective as soon as we can reasonably  act  on  it.  If  you  request  that  we  terminate  your  Account,  but  
do  not  pay  your outstanding Account balance in full, your credit privileges will be terminated.  You agree that 
if  your  Account  is  terminated  by  us  or  by  you,  we  may  apply  any  part  or  all  of  your  security  deposit,  if 
applicable, to your outstanding balance pursuant to the terms of this Agreement. 

Account Non–Use, Inactivity and/or  Closure. In connection with the initial opening of your Account (but 
not in connection with renewing the Account or replacing Cards that have been used for transactions to the 
Account), if you have not made a payment, and either: (1) you do not activate your Card, or (2) you activate 
your  Card  but  do  not  use  your  Account  for  a  purchase  or  cash  advance,  we  may  unilaterally  close  your 
Account and terminate your right to use the Card or obtain credit, subject to any limitations under applicable 
law.   If  we  close  the  Account  in  accordance  with  this  paragraph,  all  Fees  posted  to  your  Account  will  be 
reversed.   

Initial Fees Refund  Disclosure. You  may  still  reject  this  plan,  provided  that  you  have  not  yet  used 
the Account or paid INTEREST CHARGES, Fees or Other Charges after receiving a Monthly Billing 
Statement. If you do reject the plan, you are not responsible for any INTEREST CHARGES, Fees 
or Other Charges. 

OTHER TERMS AND CONDITIONS 

Deposit. If your Account is required to be secured by a Deposit Account, your deposit will be maintained at 
a  financial  institution  of  our  choice.  Additional  terms  and  conditions  governing  the  Deposit  Account  are 
explained elsewhere in this Agreement. 

Binding Effect Upon Death or Incompetency. If we pay a merchant or financial institution for a purchase 
or  post  a  cash  advance  to  your  Account  before  we  receive  actual  written  notice  of  your  death  or 
incompetence, or if  we  pay a merchant or financial institution for  a  purchase made by you or post a cash 
advance  taken  by  you  prior  to  your  death  or  incompetence,  that  transaction will  be  a  valid  and  binding 
Account obligation upon you, your estate and your personal representatives. 

Our Liability To You. Neither Celtic Bank nor Continental Finance will have any liability to  you other than 
as provided in the Agreement and these terms and conditions.   Unless imposed by law, neither Celtic Bank 
nor  Continental Finance will  be  liable  for  any indirect, punitive, incidental, special or consequential loss or 
damages with respect to this Agreement. 

Notices.  We will send Monthly Billing Statements and any other notices to you at the address shown in our 
files.  If  you  choose  to  receive  Monthly  Billing  Statements  electronically,  we  will  send  them  and  any  other 
notices to you at the email address shown in our files. You promise to inform us promptly in writing of any 
change in your address or email address. Any written notice from you to us must be sent to us at Continental 
Finance, P.O. Box 3220, Buffalo, NY 14240-3220 or to such other address as we may give you, and shall be 
effective  when  received  by  us  at  such  address.    In  determining  your  last  known  address,  we  can  accept 
address corrections received from the U.S. Postal Service. 

12 

 
 
 
 
 
 
 
 
 
 
 
 
Credit  Limit  Increases.  Your  Account  will  be  reviewed  for  a  Credit  Limit  Increase  in  accordance  with 
applicable law after  your Account has been open for at least 12 months.  In order to receive a Credit Limit 
Increase, you must qualify for and elect to receive such increase. Each  Credit  Limit  Increase  may  vary  in 
size  but  will  be  subject  to  a  maximum  Credit  Limit  of $2,000.00.   Each Credit Limit Increase will appear 
on your Account no later than one (1) month after you have qualified for such increase.  We may change the 
criteria applied to determine your eligibility  for  a  Credit  Limit  Increase  at  any  time  in  our  sole  discretion 
in    accordance  with  applicable  law.      In  addition,  we  may  elect,  in  our  sole  discretion,  to  modify  or 
discontinue the practice of granting Credit Limit Increases. 

Foreign Currency Conversion Rate.   If  you  effect a transaction at  a  merchant that settles in  a currency 
other than U.S. dollars, the transaction amount will be converted into U.S. dollars at a government-mandated 
exchange  rate,  or  a  wholesale  exchange  rate.  The  government-mandated  exchange  rate  or  wholesale 
exchange rate is the rate selected for the applicable currency on the day the transaction is processed, which 
may differ from that applicable to the date the transaction occurred or when it is posted to your Account. 

Call Monitoring/Recording. You authorize us  and  any third  party servicing  your  Account to  listen  to  and 
record telephone calls with you to evaluate the quality of service or for any other lawful purpose, if permitted 
under applicable law. 

Sale/Assignment/Transfer.  W e  may  sell,  assign,  or  transfer  all  or  any  portion  of  your  Account or  any 
Account balances due under your Account without prior notice to you. You may not sell, assign, or transfer 
your Card or your Account or any of your obligations under this Agreement. 

Use of Information about You and Your Account.   Because you applied for a Card, we are entitled under 
applicable law, including the Fair Credit Reporting Act, to obtain information about you from a credit reporting 
agency. We may also  verify  your  credit references and  other information that  you  provide to  us. We may 
obtain  updated  or  additional  information about  you, including consumer reports, from  time to  time for  any 
legitimate purpose including, but not limited to, the extension of credit to  you or  the review or collection of 
your  Account.  We  will  report  late payments, missed payments, or other defaults on your Account to credit 
bureaus. 

You  understand to prevent the funding of  terrorism and money laundering, the  United  States Government 
requires  financial  institutions obtain,  verify  and  retain  certain  cardholder  information,  such  as  your  name, 
address, date of birth and other identifying information including your driver’s license  or  other  government-
issued ID, to allow us to confirm your identity.   We will retain this information.  W ith  respect  to  information 
about  you  and  your  Account  that  is  covered  by  our  privacy policy,  we  will  use  such  information in 
accordance with the terms of the Privacy Policy. 

How  to  Contact  Us.  For  general  inquiries  we  can  be  reached  in  writing  at:  Continental Finance, 
P.O. Box 3220, Buffalo, NY 14240-3220. Or, you can call our Customer Service Department at 1-866-449-
4514.  Automated  Account  information  is  available  24  hours  a  day,  7  days  a  week  with  representatives 
available Monday –  Friday between the hours of  7:00 a.m. to 10:00 p.m. and Saturday between the hours 
of 9:00 a.m. to 4:00 p.m., Eastern Time.   Payments should be mailed to the address listed on your Monthly 
Billing Statement. 

YOUR BILLING RIGHTS 
KEEP THIS NOTICE 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 Monthly Billing Statement.  
If you think there is an error on your Monthly Billing Statement, write to us at:  

Continental Finance 
P.O. Box 3220 
Buffalo, NY 14240-3220 

In your letter, give us the following information: 

•  Account information: Your name and Account number. 
•  Dollar amount: The dollar amount of the suspected error. 
•   Description  of  problem:  If  you  think  there  is  an  error  on  your  Monthly  Billing Statement,  describe 

what  you believe is wrong and why you believe it is a mistake. 

13 

 
 
 
 
 
 
 
 
 
 
 
You must contact us: 

•  Within 60 days after the error appeared on your Monthly Billing Statement. 
•   At least 3 business days before an automated 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 letter, we must do two things: 
1.  Within 30 days of receiving your letter, we must tell you that  we received your letter. We will also tell 
you if we have already corrected the error. 

2.  Within  90  days,  of  receiving  your  letter,  we  must  either correct the error or  explain to  you  why we 
believe the Monthly Billing Statement 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 Monthly Billing Statement, and  we may continue to 

charge you INTEREST CHARGES on that amount. 

•   While  you  do  not  have  to  pay  the  amount  in  question,  you  are  responsible  for  the remainder 

of your Account balance. 

•  We can apply any unpaid amount against your Credit Limit. 

After we finish our investigation, one of two things will happen: 

• 

•  

If  we  made  a  mistake:  You  will  not  have  to  pay  the  amount  in  question  or  any 
INTEREST CHARGES, Fees or Other Charges 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  CHARGES,  Fees  and  Other  Charges.  We  will  send  you  a  Monthly  Billing 
Statement  of  the  amount  you  owe  and  the  date  payment  is  due.  W e  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 Monthly Billing Statement is wrong, you must write to us 
within 10 days  telling  us  that  you  still  refuse  to  pay.   If  you  do  so,  we  cannot  report  you  as  delinquent 
without also reporting that you are questioning your Monthly Billing Statement.  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 Monthly Billing Statement 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 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 Card for the purchase. Purchases made with cash advances from an ATM 

or with a check that accesses your Account do not qualify. 

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: 

Continental Finance P.O. Box 
3220 
Buffalo, NY 14240-3220 

14 

 
 
 
 
 
 
 
 
 
 
 
 
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 you do not pay, 
we may report you as delinquent. 

STATE DISCLOSURES 

California Residents. A married applicant may apply for a separate Account. As required by law, you  are 
hereby  notified  that  a  negative  credit  reporting  reflecting  on  your  credit  record  may  be  submitted  to  a 
Consumer Reporting Agency if you fail to fulfill the terms of your credit obligations. After credit approval, each 
applicant shall have the right to use the Account up to the limit of the Account. Each applicant may be liable 
for amounts extended under the plan to any joint applicant. 

Delaware  Residents.  Service  charges  not  in  excess  of  those  permitted  by  law  will  be  charged  on  the 
outstanding Account balances from month to month. 

Kentucky Residents. You may pay the unpaid balance of your Account in whole or in part at any time. 

Missouri Residents.  Credit card fees are governed by MO.Rev.Stat § 408.145. 

New  York  and  Vermont  Residents.  W e  may  obtain  a  consumer  report  for  any  legitimate purpose  in  
connection  with   your  Account  or   your  application,  including  but  not   limited  to reviewing, modifying, 
renewing and collecting on your Account. Upon your request, we will inform you of the names and addresses 
of any Consumer Reporting Agencies that have furnished the reports. New  York  residents may contact the 
New  York  State  Banking  Department  (1-800-342-3736) to obtain a comparative list of credit card rates, 
fees and grace periods. 

Ohio Residents. The Ohio laws against discrimination require that all creditors make credit equally available 
to all credit worthy customers, and that Consumer Reporting Agencies maintain separate credit histories on 
each individual upon request. The Ohio Civil Rights Commission administers compliance with this law. 

Married  Wisconsin  Residents.  No  provision  of  any  marital  property  agreement,  unilateral statement, 
or court order applying to marital property will adversely affect a creditor’s interests unless prior to the time 
credit 
agreement, 
furnished  with 
statement, or court order, or has actual knowledge of that provision 

granted, 

creditor 

copy 

the 

the 

of 

is 

is 

a 

TERMS AND CONDITIONS OF YOUR DEPOSIT ACCOUNT 

The following additional terms apply in connection with your Deposit Account. 

Deposit. An initial Deposit Account balance is needed to open your Account. This amount is printed in the 
application decision letter and must be paid by  one of  the payment methods contained in such letter. You 
may make additional deposits to your Deposit Account up to a maximum Deposit Account balance of $2,000. 
After the Account has been open for 90 days and we have received at least three timely Minimum Payments, 
we  will  increase  your  Credit  Limit  to  the  amount  of  your  Deposit  Account  balance.  Any  non-cash  items 
tendered for deposit will be given only provisional credit until collection is final. Deposit  funds may be held 
up to 10 days. We are not responsible for transactions initiated by mail or outside depository institutions until 
we actually receive them.  We will treat and record all security deposit funds received after our “daily cutoff 
time” on a Business Day we are open, or received on a day that we are not open for business, as if initiated 
on the following Business Day that we are open. 

Withdrawals. Since this Deposit Account is collateral for your Account, and not a Fee, withdrawals are not 
permitted from this Deposit Account while there remains an outstanding balance on  your Account or  while 
you retain possession of any Card.  

Applicable Law.  Your Deposit Account and  any claim, dispute,  or  controversy arising from  or relating  to 
this  Agreement  or  your  Deposit  Account,  are  governed  by  and  interpreted  under  federal  law  and 
construed in accordance with the laws of the State of  Utah (without applying its  choice-of-law  rules).  The  
formation,  legality,  enforceability,  and  interpretation  of  this Agreement, and any amounts contracted for, 
charged and received under this Agreement, will be governed  by  such  laws.  This  Agreement  is  entered 
into  between  you  and  us  in  Utah, regardless of the state of your residence.  Our decisions regarding the 
Deposit Account are made in the  State of  Utah.   Federal and  Utah law  will also apply to  any controversy, 

15 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
claim, or dispute arising from or relating in any way to the subject matter of this Agreement and your Deposit 
Account, including, without limitation, statutory, equitable, and tort claims. 

Bankruptcy.  If  you  become  a  debtor  in  any  proceeding  under  the  United  States  Bankruptcy Code, you 
agree that  you  will  recognize us  as  a  perfected secured creditor  with respect to  the Deposit  Account  and 
that you will declare the Deposit Account as exempt property pursuant to the provisions of the United States 
Bankruptcy Code or applicable State exemption laws. 

Amendments. W e  may  amend  the  terms  and  conditions  applicable  to  your  Deposit  Account separately 
from  the  remainder  of  this  Agreement  at  any  time  with  reasonable  written  notice  to you, as required by 
law. 

Assignments Prohibited.   You may not assign the  Deposit Account to anyone other than us without our 
prior written consent. 

Pledge Agreement. As a security for the payment of all credit extended through your Account, you pledge 
to,  and  grant  Continental  Finance,  its  successors  and  assigns,  a  security  interest  in  all  funds  now  and 
hereafter deposited in  your Deposit Account. You authorize us  to  unconditionally restrict withdrawals from 
your Deposit Account. If your Account is in default or if your Account is terminated for any reason, we may 
at any time thereafter, and  without notice to  you (unless otherwise  required  by  law),  apply  all  or  part  of 
the  funds  in  your  Deposit  Account  as  a  credit toward any and all amounts owed on your Account. We may 
also exercise any other remedies under the terms of this Agreement or otherwise legally available.   If  your 
Account is cancelled or closed either by you or us, we have (unless otherwise required by law) ninety (90) 
days from the date of such Account closure to allow for  all  charges  made  on  the  Card  to  clear.  After the 
expiration of this period, we will remit to you the full amount remaining in your Deposit Account, if 
any,  after  the  application  of  the security  deposit  to  any  outstanding  balances that  remain  on  your 
Card. 

TRUTH IN SAVINGS DISCLOSURE –  DEPOSIT ACCOUNT 

Security  Deposit  Insurance.    This  deposit  account  will  be  held  at  an  FDIC  or  NCUA  insured  financial 
institution and will receive the benefit of FDIC, NCUA or other depository insurance. 
Rate Information. This is a non-interest bearing Deposit Account. The Interest Rate and Annual Percentage 
Yield is 0%.  No interest accrues on the Deposit Account. 

Minimum Balance Limitations. The minimum balance to open the Deposit Account is the amount printed 
in  the  application  decision  letter.  Once  your  balance  reaches  the  required  amount,  your  Account  will  be 
opened. We must receive the entire amount within 30 days from the date we received your application, or 
any money applied to your Deposit Account will be refunded. 

Transaction  Limitations.  No  withdrawals  will  be  permitted  from  your  Deposit  Account  while  there 
remains  a  balance  on  your  Account  or  while  you  retain  possession  of  the  Card.  The maximum amount 
of  funds  that  may  be  deposited  into  this  Deposit  Account  is  $2,000.00.  Deposit  amounts  and  the 
corresponding methods of payment will be disclosed in the application decision letter. Deposit funds may be 
held for up to 10 days, which will delay the opening of your Account. 

Fees.  No fees are charged on this Deposit Account. 

ARBITRATION PROVISION 

PLEASE READ CAREFULLY: This Arbitration Provision “Provision” waives any right to file claims 
in court,  other  than  a  small  claims  court,  or  to  participate in  a  class  action  or  other  consolidated 
proceeding. 

CARDHOLDERS COVERED BY THE MILITARY LENDING ACT.  Notwithstanding any other provision 
of this Agreement, if you are a “covered borrower” under the Military Lending Act, as defined in at 32 
CFR § 232.3(g), the Arbitration Provision does not apply to you. 

Unless you opt out of this Provision in the manner set forth below in subpart (o), any claim that arises out of 
or  in  any  way  relates  to  the  Agreement,  your  Account, or  this   Provision shall be resolved exclusively by 
binding bilateral arbitration in accord with the following: 

16 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
a)  This Provision is contained in a contract evidencing interstate commerce and is governed by the Federal 

Arbitration Act, 9 U.S.C. Sections 1-16. 

b)  Provision  shall  be  administered  by  the  American  Arbitration  Association  (“AAA”)  and  conducted by  a 
single  arbitrator  using  the  applicable  rules  and  procedures  established  by  the  AAA  for  expedited 
consumer arbitration. To the extent any of the AAA’s rules and procedures contradict the express terms 
of  the  Provision,  the  Provision  shall  control  and  the  contradictory  portions  of  the  AAA’s  rules  and 
procedures shall not apply. 

c)  The Arbitrator shall enforce the Applicable Law provisions in the Agreement and shall honor applicable 
statutes  of  limitations  and  claims  of  privilege.  The  arbitrator  may  award  any  relief  available  under 
applicable law. 

d)  Any arbitration hearing or proceeding shall be held in the county of  your  residence unless you and we 

agree otherwise. 

e)  The  Arbitrator  has  no  authority  to  conduct  class,  joint,  or  consolidated  arbitration  proceedings.  The 

arbitrator may only conduct arbitration and resolve claims on a bilateral basis. 

f)  Regardless of who asserts a claim[s], we shall advance your portion of the arbitration filing and hearing 
fees. If we prevail in arbitration, the arbitrator may require you to reimburse us for any filing and hearing 
fees that we advanced on your behalf provided that the total filing and hearing fees paid by you shall not 
exceed the court costs you would have paid in a comparable  state  court  action.  This  subpart  (f)  shall 
not  affect  attorney’s  fees  or  costs, including  witness  or  expert  witness’  fees  or  costs.  You  shall  be 
responsible  for  your  own attorney’s fees and costs. 

g) 

If permitted by applicable law, the arbitrator may award reasonable attorney’s fees and costs to the 
party who substantially prevails in arbitration. 

h) 

In the event the AAA or its rules and procedures are unavailable for any reason, you or we may ask a 
court  to  appoint  a  substitute  arbitrator  to  arbitrate  under  comparable  rules  and  procedures.  The 
unavailability of the AAA or its rules and procedures shall not render the Provision unenforceable. 

i)  The  Provision  covers  any  claim  arising  out  of  or  in  any  way  relating  to  the Provision  itself.  All 
issues  of  arbitrability  must  be  arbitrated,  including  but  not  limited  to  whether the  Provision is 
enforceable or applicable. 

j)  The  Provision remains  in  full  force  and  effect  unless  you  opt  out  of  the  Provision in  accordance  with 
subpart (o) or you and we otherwise agree in writing to set the Provision aside. The Provision survives, 
for example but without limitation, the cancellation or termination of the Agreement or your Account, the 
satisfaction of any obligations under the Agreement or your  Account,  the  transfer,  sale,  or  assignment 
of  the  Agreement  or  your  Account  or  any rights under either, and the bankruptcy of any party. 

k)    Each of the following persons or entities is an intended beneficiary of the Provision and may enforce the 
Provision in full with respect to any claims between such persons or entities on  the  one  hand  and  you 
on the other hand that arise out of or in any way relate to the Agreement or the Provision: Continental 
Finance and any of its or our past, present, and future employees, agents, principals, representatives, 
directors, officers, shareholders,  governors,  managers,  members,  parent  companies,  subsidiaries, 
affiliated entities,    partners,    licensees,    attorneys,    predecessors,   successors,   joint    venturers, 
contractors, assigns, designees, servicers, and “service providers” (defined as any third party providing 
us or any of the foregoing entities or persons any goods or services that arise out of or in any way relate 
to the Agreement or the Provision). 

l)  The  Provision  may be  enforced  by  or  against  any  person  or  entity  purporting to bring claims on  your 
behalf,  including but  not  limited  to  any  agent,  representative, guardian, or  trustee. The Provision may 
also be enforced by or  against any person or  entity who acquires any right or interest that, but for the 
transfer of the right or interest, would have belonged to us or an intended beneficiary of the Provision. 

17 

 
 
 
 
 
 
 
 
 
 
 
m) You and we shall retain the right to bring in the small claims court for the county of your residence any
claims that are within the small claims court’s jurisdiction. Any appeal or other review  of  a  small  claims
court    judgment    or    order    shall    be    undertaken    exclusively    by  arbitration in  accordance with  the
Provision.

n) With  the  exception  of   subpart  (e),  if   any  part  of   the  Provision  is   found unenforceable, subject
to any rights to judicial and/or appellate review the offending part shall be  severed and  the  balance of
the Provision shall remain in effect and shall be construed in light of the express intent of you and us to
resolve all claims on a bilateral basis in binding arbitration. If a final, non-appealable court judgment finds
that subpart (e) is unenforceable or cannot be given effect, the entirety of the Provision shall be null and
void.

o) You may opt out of this Provision by sending written notice to us of your decision to opt out. Notice must
be sent by United States Postal Certified Mail, Return Receipt Requested, to the following address: Celtic
Bank, c/o Continental Finance Company, P.O. Box 3220, Buffalo, NY 14240-3220. The notice must be
postmarked no later than 30 days after the date of your Agreement. You must retain proof of receipt. Your
decision to opt out will not affect our decision to continue to extend credit to you under the Agreement.

Mastercard® and the Mastercard acceptance mark and service marks used by Celtic Bank under license from 
Mastercard International. 

18 

Pricing Addendum 

Interest Rates and Interest Charges 

Annual Percentage Rate (APR) 
for Purchases 

29.99% 
This APR will vary with the market based on the Prime Rate. 

APR for Cash Advances 

29.99% 
This APR will vary with the market based on the Prime Rate. 

Paying Interest 

Your  Payment  Due  Date  is  at  least  25  days  after  the  close  of 
each  Billing  Cycle.    W e  will  not  charge  you  any  interest  on 
purchases if you pay your entire Account balance by the Payment 
Due  Date  each  month. We  will  begin  charging  interest  on  cash 
advances on the transaction date. 

Minimum Interest Charge 

None 

For Credit Card Tips from the 
Consumer Financial Protection 
Bureau 

To  learn  more  about  factors  to  consider  when  applying  for  or 
using  a  credit  card,  visit  the  website  of  the  Consumer Financial 
at 
Protection 
http://www.consumerfinance.gov/learnmore. 

Bureau 

Fees 

Set up and Maintenance Fees 

NOTICE:  Some  of  these  set-up  and  maintenance  fees  will  be 
assessed before  you  begin  using  your  Card  and  will  reduce  the 
amount  of  credit  you  initially  have  available.    Based  on  your 
Credit  Limit of  $500,  your  initial  available credit  will be  $375 (or 
$345 if you choose to have an additional Card). 

You may still reject this plan, provided that you have not yet used 
the Card or paid a fee after receiving a Monthly Billing Statement. 
If  you do reject the plan,  you are not responsible for any Fees or 
Other Charges. 

•

Annual Fee

$125 for the first year After that, $96 annually 

• Monthly Maintenance Fee

$120 annually (billed at $10 per month)  
Monthly Maintenance Fee  not  billed for  the  first  12 months  your 
Account is opened

•

Additional Card Fee

  $30 (one time, if applicable, for authorized users) 

Transaction Fees 

Transaction  fees  are  not  billed  for  the  first  12  months  your 
Account is open. 

• Cash Advance

Either $5.00 or 5% of the amount of each cash advance, 
whichever is greater. 

•

Foreign Transaction

3% of each transaction in U.S. dollars. 

Penalty Fees 

•

Late Payment

• Returned Payment

Up to $38 

Up to $38 

ACCOUNT OPENING DISCLOSURES 

Interest Rates and Interest Charges 

Annual Percentage Rate (APR) 
for Purchases 

29.99% 
This APR will vary with the market based on the Prime Rate. 

APR for Cash Advances 

29.99% 
This APR will vary with the market based on the Prime Rate. 

Paying Interest 

Your  Payment  Due  Date  is  at  least  25  days  after  the  close  of 
each  Billing  Cycle.    W e  will  not  charge  you  any  interest  on 
purchases if you pay your entire Account balance by the Payment 
Due  Date  each  month. We  will  begin  charging  interest  on  cash 
advances on the transaction date. 

Minimum Interest Charge 

None 

For Credit Card Tips from the 
Consumer Financial Protection 
Bureau 

To  learn  more  about  factors  to  consider  when  applying  for  or 
using  a  credit  card,  visit  the  website  of  the  Consumer Financial 
at 
Protection 
http://www.consumerfinance.gov/learnmore. 

Bureau 

Fees 

Set up and Maintenance Fees 

NOTICE:  Some  of  these  set-up  and  maintenance  fees  will  be 
assessed before  you  begin  using  your  Card  and  will  reduce  the 
amount  of  credit  you  initially  have  available.    Based  on  your 
Credit  Limit of  $500,  your  initial  available credit  will be  $375 (or 
$345 if you choose to have an additional Card). 

You may still reject this plan, provided that you have not yet used 
the Card or paid a fee after receiving a Monthly Billing Statement. 
If  you do reject the plan,  you are not responsible for any Fees or 
Other Charges. 

•

Annual Fee

$125 for the first year  
After that, $96 annually 

• Monthly Maintenance Fee

  $60 annually (billed at $5 per month) 
  Monthly Maintenance Fee  not  billed for the first 12 months  your 

Account is opened

•

Additional Card Fee

  $30 (one time, if applicable, for authorized users) 

Transaction Fees 

Transaction  fees  are  not  billed  for  the  first  12  months  your 
Account is open. 

• Cash Advance

Either $5.00 or 5% of the amount of each cash advance, 
whichever is greater. 

•

Foreign Transaction

3% of each transaction in U.S. dollars. 

Penalty Fees 

•

Late Payment

• Returned Payment

Up to $38 

Up to $38 

19 

How  We  Will  Calculate  Your  Balance:  We  use  a  method  called  "average  daily  balance 
(including new purchases).” See INTEREST CHARGES below for more details. 

Billing  Rights:  Information  on  your  rights  to  dispute  transactions  and  how  to  exercise  those 
rights is provided in your Cardholder Agreement and Deposit Account Contract. 

7/1/2017 

20 

INTEREST CHARGES: 

CHARGES AND FEES 

Periodic Rates. 
INTEREST  CHARGES  for  purchases  and  cash  advances  are  calculated  at  a  monthly  periodic 
rate of 2.4992%, which is equivalent to an ANNUAL PERCENTAGE RATE (“APR”) of 29.99%. 

Variable Rate. 
The  APR  may  increase  or  decrease  on  the  first  day  of  the  subsequent  monthly  Billing  Cycle 
based on  changes in  the  prime rate  (“Index”).   The  APR  is  calculated by  adding  the  amount of 
margin  stated  below  to  the  Index.   The  Index  is  the  prime  rate  published  in  the  Money  Rates 
section of The Wall Street Journal on the 25th  day of each month.  If the Index is not published on 
that day, the Index on the next business day will be used. Any increase in the APR may increase 
the amount of interest charged to your Account and the total amount you must pay, and may take 
the form of  an increase in the monthly Minimum Payment.  If the Index is no longer available, we 
will choose a new index that is based upon comparable information.   The APR for purchases and 
cash advances will be determined by adding a margin of 25.74% to the Index. 

INTEREST CHARGES are imposed on purchases beginning on the date a purchase is posted to 
your Account.   However, INTEREST CHARGES will  not be imposed on purchases made in  any 
Billing Cycle in  which the previous balance shown on your Monthly Billing Statement is  zero and 
you  pay  your  new  balance  in  full  by  the  Payment  Due  Date  shown  on  your  Monthly  Billing 
Statement.  INTEREST CHARGES are imposed on cash advances beginning on the date a cash 
advance is  obtained and continuing until the balance of  your Account is  paid  in  full. There is  no 
time in which you can pay the balance of cash advances in order to completely avoid INTEREST 
CHARGES. 

INTEREST  CHARGES  for  a  Billing  Cycle  are  calculated  separately  for  purchases  and  cash 
advances.   There  is  no  minimum  INTEREST  CHARGE.  The  INTEREST  CHARGE  calculation 
begins on the date the transaction is posted to your Account. 

For purchases, the INTEREST CHARGE is computed by multiplying the monthly periodic rate by 
the average daily balance of  purchases.   To determine the average daily balance of  purchases, 
we take the beginning outstanding balance of purchases each day, add any new purchases, and 
subtract any payments and/or credits.   This gives us the daily balance of purchases.   (Any  daily 
balance that  is  a  credit balance is  treated as  zero ($0.00) balance.)   Then,  we  add  all the daily 
balances of  purchases for the Billing Cycle together and divide the total by the number of days in 
the Billing Cycle. This gives us the average daily balance of purchases. 
For  cash  advances,  the  INTEREST  CHARGE  is  computed  by  multiplying  the  monthly  periodic 
rate by the average daily balance of  cash advances.   To  get the average daily balance of  cash 
advances,  we  take  the  beginning  outstanding  balance  of  cash  advances  each  day,  add  in  any 
new cash advances, and subtract any payments and/or credits that we apply to the cash advance 
balance. This  gives  us  the  daily balance of  cash  advances.   (Any daily balance  that  is  a  credit 
balance is treated as zero ($0.00) balance.)   Then, we add all the daily balances of cash advances 
for the Billing Cycle together and divide the total by the number of days in the Billing Cycle. This 
gives us the average daily balance of cash advances. 

FEES AND OTHER CHARGES: 

Your Account is subject to the following Fees and Other Charges, each of which may be charged 
to your Account: 

Cash Advance Fee. In addition to the INTEREST CHARGE on cash advances, there is a fee of 
5%  or  $5.00,  whichever  is  greater,  for  each  cash  advance  posted  to  your  Account  that  month 
(“Cash  Advance  Fee”).    NO  CASH  ADVANCES  ARE  PERMITTED  DURING  THE  FIRST  95 
DAYS AN ACCOUNT IS OPEN.  Cash Advance Fees will not be assessed during the first twelve 
(12) months after your Account is open.

Additional Card Fee. Your Account will be assessed a one-time additional card fee of $30.00 for 
each authorized user you add to your Account. 

21 

Foreign  Currency  Transaction  Fee.      Your  Account  will  be  assessed  a  foreign  currency 
transaction  fee  equal  to  3%  of  any  transaction made  in  a  foreign  currency that  is  converted  to 
U.S.  Dollars.   This  fee  will  not  be  assessed to  foreign transactions made in  the  first  12 months 
your Account is open. 

Annual  Fee.   Your  Account  will  be  assessed an  Annual Fee  of  $125.00  (“Annual Fee”)  for  the 
first year and $96.00 each subsequent year. The Annual Fee will be billed to  your Account once 
the Account is opened, and on  or about  your anniversary date each  year.   Your payment of  the 
Annual Fee does not  affect our  right  to  close  your Account or  our  ability to  limit transactions on 
your Account. 

Annual Fee Renewal Refund Disclosure.  We will refund the Annual Fee charged to your Account 
if you notify us, within 30 days from the date of the Monthly Billing Statement on which it appears, 
that you wish to close your Account. 

Monthly Maintenance Fee.   Your  Account  will  be  assessed a  monthly maintenance fee,  which 
will  be  billed  at  $5.00  per  month  to  your  Account  (“Monthly  Maintenance  Fee”) at the end of 
each Billing Cycle.  The  Monthly Maintenance Fee  will  not  be  billed  in  the  first  12  months  your 
Account is open.  Your payment of the Monthly Maintenance Fee does not affect our right to close 
your Account or our ability to limit transactions on your Account. 

Late  Payment  Fee.   If  we  do  not  receive  a  payment  from  you  in  at  least  the  amount  of  the 
minimum payment due (“Minimum Payment”) by the  Payment Due Date shown on  your Monthly 
Billing  Statement,  you  will  be  charged  a  Late  Payment  Fee  equal  to  the  lesser  of  $27  or  your 
Minimum  Payment  (“Late  Payment  Fee”)  in  accordance  with  law.  If  you  fail  to  make  a  timely 
payment in any of the six (6) Billing Cycles after the initial late payment, you will be charged $38 
or  the  amount of  the  required Minimum Payment,  whichever is  less. We may refer to this fee as 
the “Late Fee” or “Late Charge”. 

Returned  Payment  Fee.     If  you  make  a  payment  on  your  Account  and  your  check  or  other 
payment instrument (including an electronic funds transfer or a telephone authorized draft) is not 
honored for any reason or cannot be processed, we will charge a Returned Payment Fee equal to 
the lesser of $27 or  your Minimum Payment (“Returned Payment Fee”).   In the event a payment 
is  returned  in  any  of  the  six  (6)  Billing  Cycles  after  the  initial  returned  payment,  you  will  be 
charged  $38  or  the  amount  of  the  required  Minimum  Payment,  whichever  is  less. The charge 
may be imposed even if  we elect to re-present the item and it is paid upon our re- presentment. 
We will not charge both a Late Payment Fee and a Returned Payment Fee based upon a single 
payment. 

OTHER IMPORTANT DISCLOSURES: 

Security Deposit  (if  applicable). W e may require  a  collateral  deposit  in  the  form  of  a  security 
deposit, up to the full amount of the Credit Limit to be paid in full before the Account is opened to 
secure your obligations under this Agreement and to offset the risk  associated with the  Account. 
You understand and agree that  if we require a security  deposit,  we may use any or all 
amounts  of  the  deposit  to  pay  amounts  you  owe  under  this  Agreement  if  you  are  in 
default  or  you  or  we  close  or  cancel  your  Account.   Refer to the “Terms and Conditions of 
Your  Deposit  Account”  and  “Truth  in  Savings  Disclosure  –  Deposit  Account”  section  of  this 
Agreement for more information. 

Available Credit Limits. Once the entire security deposit, if applicable, is paid in full, your Account 
will be opened and you will have access to your initial available credit.  Funds received in connection 
with a security deposit may be held up to 10 days before an Account is opened. 

Cash Back Rewards Program.   Your Account may provide you with cash back rewards.  If it does, see 
the separate Cash Back Rewards Agreement provided to you for terms and conditions of the rewards 
program.  If your Account includes a cash back rewards feature, the Cash Back Rewards Agreement is 
incorporated  into  this  Agreement  by  reference,  and  any  and  all  disputes  related  to  the  Cash  Back 
Rewards Agreement are subject to the arbitration provision contained herein.

22 

CELTIC BANK CARDHOLDER AGREEMENT AND DEPOSIT ACCOUNT 
CONTRACT 

YOUR AGREEMENT WITH US 

General Terms. This Agreement covers the terms and conditions of the Card Account (“Account”). 
Celtic Bank is  the  Card  issuer  and  assigns its rights for servicing and other rights to Continental 
Finance Company (“Continental Finance”) after Card issuance. 
You agree to be bound by the following terms and conditions, which shall constitute an agreement 
between  you  and  us.   Furthermore,  by  accepting  and  using  the  Card,  or  paying  any  INTEREST 
CHARGES, Fees, or Other Charges, whichever comes first, you expressly agree to be bound by 
the provisions of this Agreement and the rates and charges for use of the Card, including as set 
forth  under  the  “Charges  and  Fees”  provisions,  which  are  hereby  expressly  incorporated  by 
reference into this Agreement. 
In this Agreement, “we”, “us”, and “our” refer to Celtic Bank as the issuer of the Card and Continental 
Finance  as  servicer.  “Agreement” means  this  Celtic  Bank  Cardholder  Agreement  and  Deposit 
Account Contract.   The words "you" and "your" mean the person who applied for the Account and 
each person  to  whom  we  issue  a  Card  at  the  applicant’s  request  or  who  uses  a  Card  with 
the applicant’s consent (“Additional Card or Authorized User”).  The word “Card” means your credit 
card. 
Please read this Agreement carefully and save it for future reference. It contains important state 
and federal disclosures, including Regulation Z disclosures and disclosures regarding your rights 
in  case  of  errors  or  inquiries  about  your  bill  and  important  provisions relating  to  arbitration and 
litigation. 

Applicable  Law.  This  Agreement  and  your  Account,  and  any  claim,  dispute  or  controversy 
(whether in  contract, tort,  or  otherwise) at  any  time arising from  or  related to  your  Account, this 
Agreement  or  any  transferred  balances,  are  governed  by  and  construed  in  accordance  with 
applicable federal law and, to the extent not preempted by federal law, by the laws of Utah (without 
applying  its  choice-of-law  rules). The formation, legality, enforceability, and interpretation of this 
Agreement, and any amounts contracted for, charged and received under this Agreement, will be 
governed by such laws. This Agreement is entered into between you and us in  Utah, regardless 
of  the  state  of  your  residence  or  whether  or  not  your  Account  or  Card  is  used  in  Utah.   Our 
decisions regarding the  extension of  credit  to  you  are  made  in  the  State  of  Utah.   Federal and 
Utah law will also apply to any controversy, claim, or dispute arising from or relating in any way to 
the  subject  matter  of  this  Agreement  and  your  Account,  including,  without  limitation,  statutory, 
equitable, and tort claims. 

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  36 
percent.  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 be provided with an oral disclosure of this information, please 
call toll-free 1-866-449-4514. 

Effective Date: This Agreement is effective upon the earlier of your acceptance and use of the Card 
to make a purchase or to receive a cash advance, or your payment of INTEREST CHARGES, Fees 
or Other Charges. You may reject this Card, provided that you have not yet used the Card or paid 
INTEREST CHARGES, Fees, or Other Charges after receiving a Monthly Billing Statement.  If you 
reject  the  Card,  you  are  not  responsible  for  any  INTEREST  CHARGES,  Fees  or  Other 
Charges.  Notwithstanding anything to the contrary in this Agreement, if you are a resident of the 
State of New York, this Agreement is effective upon your acceptance and use of the Card. 

Changes in  Agreement Terms. We can change any term  of  this Agreement, including the rate 
at  which  or  manner  in  which  INTEREST  CHARGES,  Fees, and Other Charges  are  calculated, 
in  our  sole discretion, upon such notice to  you as is  required by law. At our option, any change 
will  apply both to your new activity and to  your outstanding balance when the change is effective 
as permitted by law. 

23 

Binding  Effect.      This  Agreement  is  binding  upon  and  enforceable  against  your  heirs,  legal 
representatives, and successors. 

Severability.    If  any  provision  of  this  Agreement,  including  any  portion  of  the  Arbitration 
Provisions set  forth  below,  is  determined to  be  invalid  or  unenforceable under  any  rule,  law,  or 
regulation,  the  validity  or  enforceability  of  any  other  provision  of  this  Agreement  shall  not  be 
affected, and in lieu of such invalid or unenforceable provision there shall be added automatically, 
as  part  of  this  Agreement,  a  provision  as  similar  in  terms  as  may  be  valid  and  enforceable,  if 
possible.  Notwithstanding the  foregoing,  if  a  class  action  litigation  or  a  class-wide  arbitration  is 
permitted  for  any  reason,  either  party  may  require  that  the  entire  Dispute,  as  defined  in  the 
Arbitration  Provision  below,  be  heard  by  a  judge,  sitting  without  a  jury,  under  applicable  court 
rules and procedures. 

Entire  Agreement.   This  Agreement,  together  with  your  Application,  constitutes  the  final  and 
complete  credit  agreement  between  you  and  us  relating  to  your  Account  and  supersedes  and 
may  not  be  contradicted by  evidence  of  any  prior,  contemporaneous, or  subsequent oral  credit 
agreement between you and us relating to your Account. 

USING YOUR CARD 

Sign  Your  Card.  To  avoid  unauthorized  use  of  your  Card,  please  sign  the  back  of  your  Card 
immediately. 

General Use. You may use your Card and your Account to make purchases if your Account is in 
good standing and you have available credit.  Your Card and Account may be used only for valid 
and  lawful  purposes.  If  you  or  an  Authorized  User  uses  your  Card  and  Account  for  any  other 
purpose, you will be responsible for the use and may be required to reimburse us for all amounts 
or expenses we pay as a result of the use. No cash advances are permitted during the first ninety 
five (95) days  an Account is open. After ninety five (95) days have elapsed from Account open 
date,  you may obtain cash  advances (See Cash Advance Fee  section).   You  may  not  use  the 
Card  or  your  Account  for  any  illegal  transaction  or  any  gambling  transaction. We  will  decline 
identifiable gambling transactions.   We may impose restrictions on  your Account at any time as 
determined to be necessary by us in connection with our  efforts  to  detect  fraud  or  unauthorized 
use,  including  restrictions  on  (a)  the  number  of transactions allowed  per  day;  (b)  the  dollar 
amount of  transactions approved; (c)  your ability to obtain cash advances; and (d)  your ability to 
use your Card at an automated teller machine (“ATM”). 

If  you  give  your  Account  number  to  make  a  purchase  or  obtain  a  cash  advance  without 
presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect 
will be the same as if the Card was present. 

You  may  also  use  your  Card  and  a  personal  identification  number  (“PIN”)  to  obtain  cash 
advances  at  an  ATM,  if  we,  at  our  option,  issue  you  a  PIN.  ATM  transactions  are  treated  the 
same as  cash  advances. We may restrict  your  access to  any ATM  at  any time.  You should not 
keep your PIN with your Card. If you believe that anyone has gained unauthorized access to your 
PIN,  you  should  advise  us  immediately by  following the  procedures  under  the  heading  “Lost  or 
Stolen Card.” 

Your Responsibility for  Authorized Users.  If  another person  is  given  access  to  your  Account 
and/or  Card  with  your  express  or  implied  permission,  notwithstanding the  provision  above,  that 
person is an Authorized User, even if we did not issue an additional Card in the Authorized User’s 
name.  At  your  request,  and  if  we  agree,  we  may  issue  an  additional  Card  in  the  name  of  an 
Authorized  User  with  your  Account  number.  You  will  be  responsible  for  all  charges,  cash 
advances, INTEREST CHARGES, purchases and Fees incurred by any Authorized User. W e are 
not  required  to  try  to  obtain  payment  from  any  Authorized  User  before  requiring  payment  from 
you. 

If  you  wish  to  remove  an  Authorized  User  from  your  Account  you  must  contact  us  either  by 
telephone or in writing. You will still be responsible for payment of all purchases, cash

24 

 
 
 
 
 
 
 
 
 
advances, INTEREST CHARGES and Fees incurred or obtained by the Authorized User. W e may 
close your existing Account and issue you a new Card and Account number.  

Lost or Stolen Card. If you notice the loss or theft of your Card or a possible unauthorized use of 
your Card, you should write to us immediately at: Continental Finance, P.O. Box 3220, Buffalo, 
NY 14240-3220, or  call  us  at  1-800-556-5678.   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 
your notice to us. In any case, your liability will not exceed $50.   

Refusals  to  Honor  Card/Rejection  of  Transactions. We  are  not  responsible  if  any  financial 
institution, merchant, or other person refuses to honor  your Card.   Except as otherwise required 
by law or regulations, we will not be responsible for merchandise or services purchased through 
your Card.  Also, we may reject any transaction for any reason. 

USING YOUR ACCOUNT 

Accessing Your Credit Line. You can use the Card and your Account to make purchases and 
obtain cash advances. Upon your request, you may be assigned a PIN. If a PIN is assigned to 
you,  you  may  obtain  a  cash  advance, any time after ninety five (95) days after Account 
opening,   at  any  authorized  ATM  that  bears  the  Mastercard® acceptance mark by using the 
Card and PIN.   You should keep your PIN secure and not write it down, give it to anyone or keep 
it with your Card.  Contact us immediately if someone has gained unauthorized access to your 
Card(s). 

Understanding Your Credit Limit. Your “Credit Limit” is the maximum amount of credit we have 
approved for your Account. The amount of your Credit Limit is disclosed in the “Account Opening 
Disclosures”  section  of  this  Agreement  and  on  your  Monthly  Billing  Statements.  You  are 
responsible  for  keeping  track  of  your  Account  balance  and  your  Credit  Limit.    Your  Account 
balance may not  exceed  your  Credit  Limit  at  any  time.  Decisions  on  Credit  Limit  Increases 
will  be  in accordance with federal law. We reserve the right to approve or deny authorizations or 
transactions from any merchant at our sole discretion. 

Network Outages.   From time to time, due to circumstances beyond our control (such as  fires, 
floods,  earthquakes and  other  natural disasters and  unpredictable events), our  services may be 
unavailable.  We will not be responsible or liable if this happens. 

UNDERSTANDING YOUR PAYMENTS 

Your Promise to Pay, Cut-Off Time, Form of Payments.  You promise to pay to us all amounts 
advanced to  you as  a purchase or a  cash advance (including amounts advanced for Authorized 
Users)  under  this  Agreement,  plus  all  INTEREST  CHARGES  and  Fees  assessed  on  those 
amounts and all other charges, costs, and Fees which are applied to your Account.  All payments 
must be made in U.S. dollars, and all checks or other items tendered in payment must be drawn 
on  United States financial institutions.   Payments must be made to  Continental Finance at  the 
address  shown  on  the  Monthly  Billing  Statement  (“Mail  Payments  To”  address”)  and  must  be 
received by Continental Finance no later than 5:00 p.m., prevailing Eastern Time on the date on 
which they are due.  Payments made at a branch or office of  Celtic Bank or  Continental Finance 
prior to the close of business at the branch or office shall be considered received on the day the 
payment is made at such location. 

Payment Due Date. The Payment Due Date will be at least twenty-five (25) days after the Billing 
Cycle  closing  date  (“Payment Due  Date”).  Payments  will  be  credited  to  your  Account  as  of  the 
day of receipt if they are made in accordance with our instructions.  Your Payment Due Date will 
always be  the same day each month.   If  the  Payment Due  Date falls on  a  weekend, holiday or 
other  day  on  which  we  do  not  receive  payments,  the  Minimum  Payment  Due  plus  any  other 
payment must be received no later than 5:00 p.m.  prevailing Eastern Time on the next business 
day we receive payments. 

25 

Amount  of  Payment.  You  may  pay  any  or  all  of  the  amounts  you  owe  at  any  time  without 
penalty,  but  you  must  pay  at  least  the  Minimum  Payment  Due  each  month  on  or  before  the 
Payment Due Date. 

Minimum Payment Due: 
•

•

If  the  New  Balance  shown  on  your  Monthly  Billing  Statement  is  less  than  or  equal  to
$35.00, the Minimum Payment Due equals the New Balance.
If  your New Balance exceeds $35.00, the Minimum Payment Due equals the greater of
4.00%  of  the  New  Balance  or  $35.00,  plus  any  Late  Payment  Fee  assessed  in  the
current Billing Cycle plus any past due amounts, not to exceed your Account balance.

Applying  of  Payments.  Payments  in  excess  of  the  Minimum  Payment  Due  are  applied  in 
accordance with law. 

Availability of Credit and Payment Holds. Generally, payments are credited to your Account on 
the  day  they  are  received.  Available  credit  created  as  a  result  of  payments  posted  to  your 
Account may not be available for up to seven (7) days, or longer if circumstances warrant an 
additional  hold,  or  if  we  deem  ourselves  at  risk  for  any  reason.  If  you  use  a  payment service 
provided by a third party to deliver your payment to us, that third party may charge you a fee  for 
such  service;  such  third  party  fees  will  not  be  billed  to  your  Account.  Credit  to  your Account 
may  be  delayed  up  to  five  (5)  days  if  payment  is  (a)  not  received  at  the  Payment 
Address  or  (b)  not  accompanied  by  the  payment  coupon  portion  of  your  Monthly  Billing 
Statement.   Delayed crediting may result in  Late Fee and additional INTEREST CHARGES and 
Fees being applied to your Card. 

Direct Debit. You may choose, subject to our approval, to make a payment by means of a direct 
debit  or  charge  to  any  deposit,  savings,  or  credit  account  of  yours  (“Payment  Account”).  By 
requesting that  we  process  a  payment by  direct  debit  or  charge  to  your  Payment  Account,  you 
hereby  authorize  us,  at  our  option,  to  debit  your  Payment  Account  by  means  of  an  electronic 
transaction or  to  submit a  paper  check  or  draft  to  your  financial institution, consistent with  your 
instructions. 

Electronic Check Presentment. If  you pay by check, you are authorizing us to  use information 
on  your  check  to make a  one-time electronic  debit  from  your  account  at  the  financial institution 
indicated on  your check. This electronic debit will be for the amount of  your check; no additional 
amount will be added to the electronic debit.  W e will process your payment using the Automated 
Clearing House (“ACH”) system.   Electronically processed and/or presented checks (and checks 
presented electronically) are not returned to you by your financial institution, bank or credit union. 
We will retain an image of your electronically processed check as required by law.  A copy of the 
check can also be retrieved by contacting your financial institution. Please contact the Customer 
Service  Department at  the  telephone  number  on  your  Monthly  Billing  Statement  to  learn  about 
other payment options. 

Irregular Payments and  Delay in  Enforcement, Waivers  and  Releases. W e may accept  late 
payments, partial payments, checks, and money orders marked “paid in full” or  language having 
the  same  effect,  without  losing  any  of  our  rights  or  legal  defenses.  All  written  communications 
concerning disputed  amounts,  including  a  check  or  other  payment  instrument that  (a)  indicates 
that  the  payment  constitutes  “payment  in  full”  or  is  otherwise  tendered  as  full  satisfaction  of  a 
disputed  amount,  or  (b)  is  tendered  with  other  conditions  or  limitations,  must  be  marked  or 
delivered to  us  at  the  address for  billing  inquiries shown on  your  Monthly Billing  Statement, not 
the  payment  address.   You  waive  presentment  for  payment,  notice  of  non-payment,  and  you 
agree to any extensions of time of payment and partial payment before, at, or after maturity. 

MONTHLY BILLING STATEMENTS, OTHER INFORMATION AND COMMUNICATION FROM 
US 

When We Send Monthly Billing Statements. W e will promptly send a Monthly Billing Statement 
at the end of each monthly Billing Cycle if your Account has a debit or credit balance greater than 
$1.00 or if an INTEREST CHARGE or Fee has been imposed. 

26 

Where We Send Your Monthly Billing Statement. We will send Monthly Billing Statements and 
any other notices to you at the address shown in our files. You agree to notify us promptly of any 
change in your address. We may accept address changes or corrections from the United States 
Postal Service. We may also mail Monthly Billing Statements and other communications to you at 
any address we determine to be an address at which you can receive mail. If you elect to receive 
Monthly Billing Statements and other communications electronically, we may send those Monthly 
Billing Statements and communications as directed by you. 

Understanding Your  Monthly Billing  Statement.  The  Monthly  Billing  Statement  will  show  the 
Previous Balance, purchases and cash advances posted during the Billing Cycle, any INTEREST 
CHARGES,  Fees  and  Other  Charges,  and  all  payments,  debits,  and  credits  to  your  Account 
through the Billing Cycle Closing Date. It  will also show, among other things,  your New Balance, 
the  Minimum  Payment Due,  and  the  Payment Due  Date  (which  will  be  at  least  twenty-five (25) 
days after the Billing Cycle Closing Date and will be the same day every month). 
You agree to review your Monthly Billing Statement promptly and to report any erroneous entries 
on such Monthly Billing Statement.  You are obligated to report erroneous entries within 60 days 
after  we  mail or otherwise make  the  Monthly  Billing  Statement available to  you.   If  you  do  not 
report the erroneous entries within the timeframe, the entries on  your Monthly Billing Statement 
and the corresponding Account balance will be presumed to be correct.  This means we will have 
no liability to you for transactions appearing on your Monthly Billing  Statement.   If  you  dispute  a 
transaction made  by  you  or  someone else  on  your  Account and we later credit your Account for 
all or part of the disputed amount, you will give us all of your rights against that other person.  You 
also agree to give us any merchandise associated with the disputed transaction and to help us in 
our efforts to seek reimbursement (including, but not limited to, providing documents). 

Your Consent to Automated-Dialer and Pre-recorded Calls and Text Messages. By providing 
us with a telephone number(s), at any time, you consent and authorize Celtic Bank and its affiliates, 
agents  and  independent  contractors,  to  contact  you  regarding  your  Account  at  such  number(s) 
using  any  lawful  means  of  communication,  including,  but  not  limited  to  calls  placed  to  your  cell, 
mobile  or  other  phone  using  an  automated  dialing  service,  pre-recorded  messages  or  text 
messages.   Providing  us  with  a  telephone  number(s)  constitutes  a  new  authorization  for  such 
communications, which authorization takes priority over any prior preference or election you made 
to opt-out of receiving calls made using automated dialing services, pre-recorded messages or text 
messages.  You do have the option to opt out of receiving communications at that number any time 
thereafter.  Standard text messaging and/or calling charges imposed by your provider may apply. 

E-mail.  By  providing  us  with  your  e-mail  address,  you  agree  to  receive  correspondence 
electronically from us and our affiliates and service providers. W e may communicate with you by 
e-mail for any lawful or business purpose. 

DEFAULT PROVISIONS 

Events of Default. You will be in default of this Agreement if any of the following occur on this or 
any other Account you have with us: 

•     You  do  not  pay  at  least  the  Minimum  Payment  Due  on  your  Account  on  or  before  the 

Payment Due Date. 

•     You die or become legally incompetent. 
•     A bankruptcy or other insolvency proceeding is filed by or against you. 
•     You exceed or attempt to exceed your Credit Limit. 
•   You  provide  us   with  or  have  provided  us  with  false  or  misleading  information  or 

signatures at any time. 

•     You fail to comply with this Agreement. 
•   You fail to make any payment or perform any promise in any agreement or obligation you 

have with us. 

•     Any judgment, lien, attachment or execution is issued against you or your property. 
•     You request an excessive number of replacement Cards. 
•     We reasonably believe you will not pay amounts owed to us for any reason. 
•     You permanently reside outside of the United States. 

27 

 
 
 
 
 
 
If  You  Are In Default: Upon  your default of  this Agreement, we have all remedies provided by 
law including, without limitation, and without prior notice or demand (except as required by 
applicable law), the right to: 

• Deny use of your Account.
• Close or refuse to renew your Account.
• Demand the return of your Card(s).
• Declare your entire Account balance immediately due and payable.
•
Increase your Minimum Payment.
•
Initiate collection activity.
• Not replace your Card(s).
• Reduce your Credit Limit.
•
•

Apply any part or all of your security deposit, if applicable, to balances due.
Pursue any action against you permitted by law.

Collection Costs.  To  the  extent  permitted by  law,  you  must  pay  all  court  and  collection  costs, 
including reasonable  attorneys’ fees  that  we  incur  as  a  result  of  your  default.  A  contingency or 
hourly arrangement established by us with an attorney or collection agency to collect an Account 
in default is presumed prima facie reasonable. 

CLOSING YOUR ACCOUNT 

We  May  Close  or  Suspend  Your  Account.  We  may  terminate  your  privileges  under  this 
Agreement or  cancel or  limit  your privileges to make purchases or  obtain cash  advances at any 
time, with or without cause, subject to applicable notice requirements. 

You May Close Your  Account. You may terminate your Account at any time by notifying us by 
telephone or in writing. 

Whether your  Account was  terminated by us  or  by  you,  you  promise that any amounts that  you 
owe  us  at  the  time  of  termination,  plus  any  new  purchases  or  cash  advances,  as  well  as  any 
INTEREST  CHARGES,  Fees  and  Other  Charges  that  will  continue  to  be  imposed  at  the  rates 
specified in this Agreement, will be repaid according to this Agreement.   You agree that  you will 
not  try  to  make  any  purchases or  obtain  cash  advances after  you  have  been  notified  that  your 
privileges to use your Account have been canceled. You may terminate this Account at any time. 
In order to terminate your Account, you must either call us or give us written notice of your intent to 
terminate your Account at the address for inquiries shown on your Monthly Billing Statement, and 
pay your outstanding Account balance in full.  Your notice of termination will become effective as 
soon as we can reasonably  act  on  it.  If  you  request  that  we  terminate  your  Account,  but  do 
not    pay    your  outstanding Account balance in full,  your credit  privileges will  be  terminated.    You 
agree that if your Account is terminated by us or by you, we may apply any part or all of your security 
deposit, if applicable, to your outstanding balance pursuant to the terms of this Agreement. 

Account  Non–Use,  Inactivity  and/or  Closure.  In  connection  with  the  initial  opening  of  your 
Account (but not in connection with renewing the Account or replacing Cards that have been used 
for transactions to the Account), if you have not made a payment, and either: (1) you do not activate 
your Card, or (2) you activate your Card but do not use your Account for a purchase or cash advance, 
we may unilaterally close  your Account and terminate  your right to use the Card or obtain credit, 
subject  to  any  limitations  under  applicable  law.   If  we  close  the  Account  in  accordance  with  this 
paragraph, all Fees posted to your Account will be reversed.   

Initial Fees Refund  Disclosure. You  may  still  reject  this  plan,  provided  that  you  have  not 
yet used the Account or paid INTEREST CHARGES, Fees or Other Charges after receiving 
a  Monthly  Billing  Statement.  If  you  do  reject  the  plan,  you  are  not  responsible  for  any 
INTEREST CHARGES, Fees or Other Charges. 

OTHER TERMS AND CONDITIONS 

Deposit.  If  your  Account  is  required  to  be  secured  by  a  Deposit  Account,  your  deposit  will  be 
maintained at a  financial institution of  our choice. Additional terms and conditions governing the 
Deposit Account are explained elsewhere in this Agreement. 

28 

Binding Effect Upon Death or Incompetency. If we pay a merchant or financial institution for a 
purchase or post a cash advance to  your Account before we receive actual written notice of your 
death  or  incompetence, or  if  we  pay  a  merchant or  financial institution for  a  purchase made  by 
you  or  post a  cash advance taken by  you  prior to  your death  or  incompetence, that  transaction 
will  be  a  valid  and  binding  Account  obligation  upon  you,  your  estate  and  your  personal 
representatives. 

Our Liability To You. Neither Celtic Bank nor Continental Finance  will have any liability to  you 
other than  as  provided  in  the  Agreement and  these  terms  and  conditions.   Unless  imposed by 
law, neither Celtic Bank nor Continental Finance will be liable for any indirect, punitive, incidental, 
special or consequential loss or damages with respect to this Agreement. 

Notices.  We will send Monthly Billing Statements and any other notices to you at the address shown 
in our files. If you choose to receive Monthly Billing Statements electronically, we will send them and 
any other notices to you at the email address shown in our files. You promise to inform us promptly 
in writing of any change in your address or email address. Any written notice from you to us must be 
sent to us at Continental Finance, P.O. Box 3220, Buffalo, NY 14240-3220 or to such other address 
as we may give you, and shall be effective when received by us at such address.  In determining 
your last known address, we can accept address corrections received from the U.S. Postal Service. 

Credit Limit Increases. Your Account will be reviewed for a Credit Limit Increase in accordance 
with applicable law after your Account has been open for at least 12 months.    In order to receive 
a Credit Limit Increase, you must qualify for and elect to receive such increase. Each  Credit  Limit 
Increase  may  vary  in  size  but  will  be  subject  to  a  maximum  Credit  Limit  of $2,000.00.   Each 
Credit  Limit  Increase  will  appear  on  your  Account  no  later  than  one  (1)  month  after  you  have 
qualified for such increase.  We may change the criteria applied to determine your eligibility  for  a  
Credit  Limit  Increase  at  any  time  in  our  sole  discretion  in  accordance  with applicable  law.   
In addition, we may elect, in our sole discretion, to modify or discontinue the practice of granting 
Credit Limit Increases. 

Foreign Currency Conversion Rate.   If  you effect a transaction at a merchant that settles in a 
currency other than  U.S.  dollars, the  transaction amount  will  be  converted into  U.S.  dollars at  a 
government-mandated exchange rate, or a wholesale exchange rate. The government-mandated 
exchange rate or wholesale exchange rate is the rate selected for the applicable currency on the 
day the transaction is processed, which may differ from that applicable to the date the transaction 
occurred or when it is posted to your Account. 

Call Monitoring/Recording. You authorize us and any third party servicing your Account to listen 
to  and  record  telephone calls  with  you  to  evaluate the  quality of  service  or  for  any  other  lawful 
purpose, if permitted under applicable law. 

Sale/Assignment/Transfer.  We may sell, assign, or  transfer all or any portion of  your Account 
or  any Account balances due  under  your  Account without prior  notice to  you.  You may not  sell, 
assign, or transfer your Card or your Account or any of your obligations under this Agreement. 

Use  of  Information about  You  and  Your  Account.    Because  you  applied for  a  Card,  we  are 
entitled under applicable law, including the Fair Credit Reporting Act, to obtain information about 
you from a credit reporting agency. We may also verify your credit references and other information 
that  you  provide  to  us.  We  may  obtain  updated  or  additional  information  about  you,  including 
consumer reports, from  time  to  time for  any legitimate purpose including, but  not  limited to,  the 
extension of credit to you or the review or collection of your Account.  We will report late payments, 
missed payments, or other defaults on your Account to credit bureaus. 

You  understand  to  prevent  the  funding  of  terrorism  and  money  laundering,  the  United  States 
Government requires financial institutions obtain, verify and retain certain cardholder information, 
such as your name, address, date of birth and other identifying information including your driver’s 
license  or  other  government-issued ID,  to  allow  us  to  confirm  your  identity.   We  will  retain  this 
information.  W ith  respect  to  information  about  you  and  your  Account  that  is  covered  by  our 
privacy policy, we will use such information in accordance with the terms of the Privacy Policy. 

How  to  Contact  Us.    For  general  inquiries  we  can  be  reached  in  writing  at:  Continental 
Finance,  P.O.  Box  3220,  Buffalo,  NY  14240-3220.  Or,  you  can  call  our  Customer  Service 
29 

 
 
 
 
 
 
 
 
 
Department  at  1-866-449-4514. Automated  Account  information  is  available  24  hours  a  day,  7 
days  a  week  with representatives available Monday  –  Friday between the hours of  7:00 a.m. to 
10:00 p.m. and Saturday between the hours of 9:00 a.m. to 4:00 p.m., Eastern Time.   Payments 
should be mailed to the address listed on your Monthly Billing Statement. 

YOUR BILLING RIGHTS 
KEEP THIS NOTICE 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 Monthly Billing Statement.  
If you think there is an error on your Monthly Billing Statement, write to us at: 

Continental Finance 
P.O. Box 3220 
Buffalo, NY 14240-3220 

In your letter, give us the following information: 

•
Account information: Your name and Account number.
• Dollar amount: The dollar amount of the suspected error.
• Description of  problem:  If  you  think  there  is  an  error  on  your  Monthly  Billing Statement,

describe  what  you believe is wrong and why you believe it is a mistake.

You must contact us: 

• Within 60 days after the error appeared on your Monthly Billing Statement.
•

At least 3 business days before an automated 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 letter, we must do two things: 
1. W ithin 30 days of receiving your letter, we must tell  you that  we received your letter. W e will
also tell you if we have already corrected the error.

2. Within  90  days,  of  receiving  your  letter,  we  must  either correct the error or explain to you why
we believe the Monthly Billing Statement 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  Monthly  Billing Statement,  and  we  may
continue to charge you INTEREST CHARGES on that amount.

• While  you  do  not  have  to  pay  the  amount  in  question,  you  are  responsible  for  the

remainder of your Account balance.

• We can apply any unpaid amount against your Credit Limit.

After we finish our investigation, one of two things will happen: 

•

•

If  we  made  a  mistake:  You  will  not  have  to  pay  the  amount  in  question  or  any
INTEREST CHARGES, Fees or Other Charges 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 CHARGES, Fees and Other Charges. We will send  you
a Monthly Billing 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 Monthly Billing Statement is wrong, you must 
write to us within 10 days  telling  us  that  you  still  refuse  to  pay.   If  you  do  so,  we  cannot  report 
you  as  delinquent without also reporting that you are questioning your Monthly Billing Statement. 
30 

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 Monthly Billing Statement 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 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  Card for  the  purchase. Purchases made with cash  advances 

from an ATM or with a check that accesses your Account do not qualify. 

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: 

Continental Finance 
P.O. Box 3220 
Buffalo, NY 14240-3220 

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 you do not pay, we may report you as delinquent. 

STATE DISCLOSURES 

California Residents. A married applicant may apply for a separate Account. As required by law, 
you  are  hereby  notified  that  a  negative  credit  reporting reflecting  on  your  credit  record  may be 
submitted to a Consumer Reporting Agency if you fail to fulfill the terms of your credit obligations. 
After credit approval, each applicant shall have the right to use the Account up to the limit of the 
Account. Each applicant may be liable for amounts extended under the plan to any joint applicant. 

Delaware Residents. Service charges not in excess of those permitted by law will be charged on 
the outstanding Account balances from month to month. 

Kentucky Residents. You may pay the unpaid balance of your Account in whole or in part at any 
time. 

Missouri Residents.  Credit card fees are governed by MO.Rev.Stat § 408.145. 

New  York  and  Vermont  Residents.  We  may  obtain  a  consumer  report  for  any  legitimate 
purpose  in  connection  with   your  Account  or   your  application,  including  but  not  limited  to 
reviewing, modifying, renewing and collecting on your Account. Upon your request, we will inform 
you  of  the  names and  addresses of  any Consumer Reporting Agencies that  have  furnished the 
reports. New  York  residents may contact the New  York  State Banking Department (1-800-342-
3736) to obtain a comparative list of credit card rates, fees and grace periods. 

Ohio  Residents.  The  Ohio  laws  against  discrimination  require  that  all  creditors  make  credit 
equally available to all credit worthy customers, and that Consumer Reporting Agencies maintain 
separate  credit  histories  on  each  individual  upon  request.  The  Ohio  Civil  Rights  Commission 
administers compliance with this law. 
Married  Wisconsin  Residents.  No  provision  of  any  marital  property  agreement,  unilateral 
statement, or  court  order  applying  to  marital  property  will  adversely affect  a  creditor’s  interests 
unless prior to the time credit is  granted, the creditor is furnished with a copy of  the agreement, 
statement, or court order, or has actual knowledge of that provision 

31 

TERMS AND CONDITIONS OF YOUR DEPOSIT ACCOUNT 

The following additional terms apply in connection with your Deposit Account. 

Deposit. An initial Deposit Account balance is needed to open your Account. This amount is printed 
in  the application decision letter and must be paid by  one of  the payment methods contained in 
such letter. You may make additional deposits to your Deposit Account up to a maximum Deposit 
Account balance of $2,000. After the Account has been open for 90 days and we have received 
at least three timely Minimum Payments, we  will increase your Credit Limit to the amount of your 
Deposit Account balance. Any non-cash items tendered for deposit will be  given only provisional 
credit until collection is final. Deposit funds may be held up to 10 days. We are not responsible for 
transactions initiated by mail or outside depository institutions until we actually receive them.  We 
will treat and record all security deposit funds received after our “daily cutoff time” on a Business 
Day  we  are  open, or  received on a  day that  we  are  not  open for business, as if initiated on the 
following Business Day that we are open. 

Withdrawals. Since this Deposit Account is collateral for your Account, and not a Fee, withdrawals 
are  not permitted from this Deposit Account while there remains an outstanding balance on  your 
Account or while you retain possession of any Card.  

Applicable  Law.  Your  Deposit  Account  and  any  claim,  dispute,  or  controversy arising  from  or 
relating  to  this  Agreement  or  your  Deposit  Account,  are  governed  by  and  interpreted  under 
federal law and construed in accordance with the  laws  of  the State of  Utah (without applying its 
choice-of-law    rules).    The    formation,    legality,    enforceability,    and    interpretation    of    this 
Agreement, and any amounts contracted for, charged and received under this Agreement, will be 
governed  by  such  laws.  This   Agreement  is   entered  into  between   you  and  us  in   Utah, 
regardless of the state of your residence.  Our decisions regarding the Deposit Account are made 
in the State of  Utah.   Federal and  Utah law  will also apply to  any controversy, claim, or dispute 
arising  from  or  relating  in  any  way  to  the  subject  matter  of  this  Agreement  and  your  Deposit 
Account, including, without limitation, statutory, equitable, and tort claims. 

Bankruptcy.  If  you  become  a  debtor  in  any  proceeding  under  the  United  States  Bankruptcy 
Code,  you  agree  that  you  will  recognize  us  as  a  perfected secured creditor  with  respect  to  the 
Deposit  Account  and  that  you  will  declare  the  Deposit  Account  as  exempt property pursuant to 
the provisions of the United States Bankruptcy Code or applicable State exemption laws. 

Amendments.  We  may  amend  the  terms  and  conditions  applicable  to  your  Deposit  Account 
separately  from  the  remainder  of  this  Agreement  at  any  time  with  reasonable  written  notice  to 
you, as required by law. 

Assignments  Prohibited.    You  may  not  assign  the  Deposit  Account  to  anyone  other  than  us 
without our prior written consent. 

Pledge  Agreement. As  a  security for  the  payment of  all  credit  extended through  your  Account, 
you pledge to, and grant Continental Finance, its successors and assigns, a security interest in all 
funds now and hereafter deposited in  your Deposit Account. You authorize us to unconditionally 
restrict withdrawals from  your Deposit Account. If  your Account is  in default or if  your Account is 
terminated  for  any  reason,  we  may  at  any  time  thereafter,  and  without  notice  to  you  (unless 
otherwise  required  by  law),  apply  all  or  part  of  the  funds  in  your  Deposit  Account  as  a  credit 
toward  any  and  all  amounts owed  on  your  Account.  We may also  exercise  any  other  remedies 
under the terms of this Agreement or otherwise legally available.   If  your Account is cancelled or 
closed either by you or us, we have (unless otherwise required by law) ninety (90) days from the 
date  of  such  Account  closure  to  allow  for  all  charges  made  on  the  Card  to  clear.  After  the 
expiration  of  this  period,  we  will  remit  to  you  the  full  amount  remaining  in  your  Deposit 
Account,  if  any,  after  the  application  of  the security  deposit  to  any  outstanding  balances 
that remain on your Card. 

32 

TRUTH IN SAVINGS DISCLOSURE –  DEPOSIT ACCOUNT 

Security  Deposit  Insurance.    This  deposit  account  will  be  held  at  an  FDIC  or  NCUA  insured  financial 
institution and will receive the benefit of FDIC, NCUA or other depository insurance. 

Rate Information. This is a non-interest bearing Deposit Account. The Interest Rate and Annual 
Percentage Yield is 0%.  No interest accrues on the Deposit Account. 

Minimum Balance Limitations. The minimum balance to open the Deposit Account is the amount printed 
in  the  application decision  letter.  Once  your  balance  reaches  the  required  amount,  your  Account  will  be 
opened. We must receive the entire amount within 30 days from the date we received your application, or 
any money applied to your Deposit Account will be refunded. 

Transaction  Limitations.  No  withdrawals  will  be  permitted  from  your  Deposit  Account  while there 
remains  a  balance  on  your  Account  or  while  you  retain  possession  of  the  Card.  The maximum amount 
of  funds  that  may  be  deposited  into  this  Deposit  Account  is  $2,000.00.  Deposit  amounts  and  the 
corresponding methods of payment will be disclosed in the application decision letter. Deposit funds may be 
held for up to 10 days, which will delay the opening of your Account. 

Fees.  No fees are charged on this Deposit Account. 

ARBITRATION PROVISION 

PLEASE READ CAREFULLY: This Arbitration Provision “Provision” waives any right to file claims 
in court, other than  a  small claims  court,  or  to  participate in  a  class  action or  other consolidated 
proceeding. 

CARDHOLDERS COVERED BY THE MILITARY LENDING ACT.  Notwithstanding any other provision 
of this Agreement, if you are a “covered borrower” under the Military Lending Act, as defined in at 32 
CFR § 232.3(g), the Arbitration Provision does not apply to you. 

Unless you opt out of this Provision in the manner set forth below in subpart (o), any claim that arises out of 
or  in  any  way relates to  the  Agreement, your  Account, or  this   Provision shall be resolved exclusively by 
binding bilateral arbitration in accord with the following: 

a) This Provision is contained in a contract evidencing interstate commerce and is governed by the Federal

Arbitration Act, 9 U.S.C. Sections 1-16.

b) Provision  shall  be  administered  by  the  American  Arbitration  Association (“AAA”)  and conducted by a
single  arbitrator  using  the  applicable  rules  and  procedures  established  by  the  AAA  for  expedited
consumer arbitration. To the extent any of the AAA’s rules and procedures contradict the express terms
of  the  Provision,  the  Provision  shall  control  and  the  contradictory  portions  of  the  AAA’s  rules  and
procedures shall not apply.

c) The Arbitrator shall enforce the Applicable Law provisions in the Agreement and shall honor applicable
statutes  of  limitations  and  claims  of  privilege.  The  arbitrator  may  award  any  relief  available  under
applicable law.

d) Any arbitration hearing or proceeding shall be held in the county of  your  residence unless you and we

agree otherwise.

e) The Arbitrator has  no  authority to conduct  class, joint, or consolidated arbitration proceedings.  The

arbitrator may only conduct arbitration and resolve claims on a bilateral basis.

f) Regardless of who asserts a claim[s], we shall advance your portion of the arbitration filing and hearing
fees. If we prevail in arbitration, the arbitrator may require you to reimburse us for any filing and hearing
fees that we advanced on  your behalf provided that the total filing and hearing fees paid by  you shall
not exceed the court costs you would have paid in a comparable  state  court  action.  This  subpart  (f)
shall  not  affect  attorney’s  fees  or  costs including  witness  or  expert  witness’  fees  or  costs.  You  shall
be  responsible  for  your  own attorney’s fees and costs.

33 

g)

h)

i)

j)

If permitted by applicable law, the arbitrator may award reasonable attorney’s fees and costs to the
party who substantially prevails in arbitration.

In the event the AAA or its rules and procedures are unavailable for any reason, you or we may ask a
court  to  appoint  a  substitute  arbitrator  to  arbitrate  under  comparable  rules  and  procedures.  The
unavailability of the AAA or its rules and procedures shall not render the Provision unenforceable.

The  Provision  covers  any  claim  arising  out  of  or  in  any  way  relating  to  the Provision  itself.  All
issues  of  arbitrability  must  be  arbitrated,  including  but  not  limited  to  whether the  Provision is
enforceable or applicable.

The Provision remains  in  full force and  effect unless  you  opt  out  of  the  Provision in  accordance  with
subpart (o) or you and we otherwise agree in writing to set the Provision aside. The Provision survives,
for example but without limitation, the cancellation or termination of the Agreement or your Account, the
satisfaction of any obligations under the Agreement or your  Account,  the  transfer,  sale,  or  assignment
of  the  Agreement  or  your  Account  or  any rights under either, and the bankruptcy of any party.

k) Each of the following persons or entities is an intended beneficiary of the Provision and may enforce the
Provision in full with respect to any claims between such persons or entities on the one hand and  you
on the other hand that arise out of or in any way relate to the Agreement or the Provision: Continental
Finance and any of its or our past, present, and future employees, agents, principals, representatives,
directors,  officers,  shareholders,  governors,  managers,  members,  parent  companies,  subsidiaries,
affiliated entities, partners, licensees, attorneys, predecessors, successors, joint venturers, contractors,
assigns, designees, servicers, and “service providers” (defined as any third party providing us or any of
the  foregoing entities  or  persons  any  goods  or  services  that  arise  out  of  or  in  any  way relate  to  the
Agreement or the Provision).

l)

The  Provision may be  enforced by  or  against  any  person  or  entity  purporting to bring claims on  your
behalf, including but  not  limited to  any agent, representative, guardian, or trustee. The Provision may
also be enforced by or against any person or  entity who acquires any right or interest that, but for the
transfer of the right or interest, would have belonged to us or an intended beneficiary of the Provision.

m) You  and  we  shall  retain  the  right  to  bring  in  the  small  claims  court  for  the  county  of  your residence
any claims that are within the small claims court’s jurisdiction. Any appeal or other review  of  a  small
claims  court  judgment  or  order  shall  be  undertaken  exclusively  by arbitration in accordance with
the Provision.

n) With  the  exception  of   subpart  (e),  if   any  part  of   the  Provision  is   found unenforceable, subject
to any rights to judicial and/or appellate review the offending part shall be severed and the balance of
the Provision shall remain in effect and shall be construed in light of the express intent of you and us to
resolve  all  claims on  a  bilateral  basis  in  binding  arbitration. If  a  final,  non-appealable court judgment
finds that subpart (e) is unenforceable or cannot be given effect, the entirety of the Provision shall be null
and void.

o) You  may opt  out  of  this  Provision  by  sending  written  notice  to  us  of  your  decision to  opt  out. Notice
must be sent by United States Postal Certified Mail, Return Receipt Requested, to the following address:
Celtic  Bank, c/o  Continental Finance Company, P.O.  Box  3220,  Buffalo,  NY  14240-3220. The notice
must be postmarked no later than 30 days after the date of  your Agreement. You must retain proof of
receipt. Your decision to opt out will not affect our decision to continue to extend credit to you under the
Agreement.

Mastercard® and the Mastercard acceptance mark and service marks used by Celtic Bank under license 
from Mastercard International. 

34 

Pricing Addendum 

Interest Rates and Interest Charges 

Annual Percentage Rate (APR) 
for Purchases 

29.99% 
This APR will vary with the market based on the Prime Rate. 

APR for Cash Advances 

29.99% 
This APR will vary with the market based on the Prime Rate. 

Paying Interest 

Your  Payment  Due  Date  is  at  least  25  days  after  the  close  of 
each  Billing  Cycle.    W e  will  not  charge  you  any  interest  on 
purchases if you pay your entire Account balance by the Payment 
Due  Date  each  month. We  will  begin  charging  interest  on  cash 
advances on the transaction date. 

Minimum Interest Charge 

None 

For Credit Card Tips from the 
Consumer Financial Protection 
Bureau 

To  learn  more  about  factors  to  consider  when  applying  for  or 
using  a  credit  card,  visit  the  website  of  the  Consumer Financial 
at 
Protection 
http://www.consumerfinance.gov/learnmore. 

Bureau 

Fees 

Set up and Maintenance Fees 

NOTICE:  Some  of  these  set-up  and  maintenance  fees  will  be 
assessed before  you  begin  using  your  Card  and  will  reduce  the 
amount  of  credit  you  initially  have  available.    Based  on  your 
Credit  Limit of  $500,  your  initial  available credit  will be  $375 (or 
$345 if you choose to have an additional Card). 

You may still reject this plan, provided that you have not yet used 
the Card or paid a fee after receiving a Monthly Billing Statement. 
If  you do reject the plan,  you are not responsible for any Fees or 
Other Charges. 

•

Annual Fee

$125 for the first year  
After that, $96 annually 

• Monthly Maintenance Fee

  $60 annually (billed at $5 per month) 
  Monthly Maintenance Fee  not  billed for the first 12 months  your 

Account is opened

•

Additional Card Fee

  $30 (one time, if applicable, for authorized users) 

Transaction Fees 

Transaction  fees  are  not  billed  for  the  first  12  months  your 
Account is open. 

• Cash Advance

Either $5.00 or 5% of the amount of each cash advance, 
whichever is greater. 

•

Foreign Transaction

3% of each transaction in U.S. dollars. 

Penalty Fees 

•

Late Payment

• Returned Payment

Up to $38 

Up to $38