75”                                   oO = a 4 = = » S 3 : 21 3/4 | > to this Agreement. You agree that you will not try to make any purchases or obtain cash advances after you have record telephone calls with you to evaluate the quality of service or for any other lawful purpose, if permitted Monthly Billing Statement is correct. Delaware Residents. Service charges not in excess of those permitted by law will be charged on the arbitration. This subpart (g) shall not affect attorney's fees or costs, including witness or expert wilness’ fees or ACCOUNT OPENING DISCLOSURES been notified that your privileges to use your Account have been canceled, You may terminate this Account at under Applicable Law. outstanding Account balances trom month to month. costs, You shall be responsible for your own attorney's fees and costs. any time. In-order to terminate your Account, you must either call us or give us written notice of your intent to While we investigate whether or not there has been an error: ; ; ; ; ; ; . . . Interest Rates and Interest Charges terminate your Account at the address for “Send Correspondence To” shawn on your Monthly Billing Statement, Sale/Assignment!Transfer. We may sell, assign, or transfer all or any portion of your Account or any Account Kentucky Residents. You may pay the unpaid batance of your Account in whole or in part at any time, hy it ppb mont Lam, : ate ne a td fees fg bis lhe and pay your outstanding Account balance in full. Your notice-of termination will become effective as soon as we balances due under your Account without prior notice to you. You may not self, assign, or transfer your Card or + We cannot try to collect the amount in question, or report you as delinquent on that amount. ; ; 7 ; Sector Saeraltcs tracts Gant eaertote ws -Uyntlnlldabadedsh pinned at Annual Percentage Rate (APR) | 24 QQ9/, can reasonably act onit. If you request that we terminate your Account, but do not pay your outstanding Account your Account or any of your obligations under this Agreement, + The charge in question may remain on your Monthly Billing Statement, and we may continue to charge you iid Medi a Ve His al eaeary report for any hint purpose pe t for Purchases ‘ o balance in full, your credit privileges will be terminated, You agree that if your Account is terminated by us or by + INTEREST CHARGES on that amount, with your Account or your application, including but not limited to reviewing, modifying, renewing and collecting i) In the event the AAA or its rules and procedures are unavailable for any reason, you or we may ask a court to This APR will vary with the market based on the Prime Rate you, we may apply any part ar all of your security deposit, if applicable, to your outstanding balance pursuant Use of Information about You and Your Account. Because you applied for a Card, we are entitled under + While you do nt have to pay the amount in question, you ate responsible for the remainder of your Qn your Account. Upon your request, ve will inform you of the names and addresses of any Consumer Reporting appoint a substitute Arbitrator to arbitrate under comparable rules and oceans The unavailability af the AAA we to the terms of this Agreement, Applicable Law, including the Fair Credit Reporting Act, to obtain information about you from a credit reporting Account balance. Agencies that have furnished the reports. New York residents may contact the New York State Banking or its rules and procedures shall not render the Provision unenforceable. agency, We may also verify your credit references and other information that you provide to us. We may obtain « He ca apply any unpaid amount against you Credit Limi Department (1-800-342-3736) to obtain a comparative list af credit card rates, fees and grace periods, ical ae dilrcalid-er - L. Sllin Veal Al APR for Cash Advances 24.99% Inactivity and/or Cl | tion with the initial opening of your Account (but not | updated or additional information about you, including consumer reparts, from time to time for any legitimate : te ; BC 7 . 7 7 }) The Provision covers any Claim arising out of or in any way relating to the Provision itself, All issues o| Account Reise, ROCHE. BOE Dit IP: COMMDE LON IRENE IEG) DENG CY { H Lich lud tim h Lease f 9 fl ati flection of i 9 Vi ; & ; Ohio Residents. The Ohio laws against discrimination require that all creditors make credit equally available to arbitrability must be arbitrated, including but not limited to whether the Provision fs enforceable or applicable, This APR will vary with the market based on the Prime Rate. connection with renewing the Account or replacing Cards that have been used for transactions to the Account}, If purpose inclu ing, but nol imited ta, the extension of credit to you or the review oF col lection o your Account. We After we finish our investigation, one of two things will happen: all credit worthy customers, and that Consumer Reporting Agencies maintain separate credit histories on each eas pean ce a Nae are. sf bari pale Willreport late payments, missed payments, or other defautts on your Account to credit bureaus. individual upon request, The Ohio Civil Rights Commission administers compliance with this law, k) The Provision remains in full force and effect unless you opt out of the Provision in accordance with subpart : : dai : . " ‘ ‘ « ffwe mode a mistake: You will not have to pay the amount in question or any INTEREST CHARGES, Fees or (p} or you and we otherwise agree in writing to set the Provision aside, The Provision survives, for example but Paying Interest Your Payment Due Date is at least 25 days after the close of each right to use the Card or obtain credit, subject to any limitations under Applicable Law. If we case the Account in Nig ug etal abet ge lian ad tte ie Aan eagdie da aclealy Other Charges related to that amount. ‘ ' Married Wisconsin Residents. No provision of any marital property agreement, unilateral statement, or court without limitation, the cancellation or termination of the is hada or your Account, the satistaction of any Billing Cycle. We vail not charge you any interest on purchases if you accordance with this paragraph, all Fees posted to your Account will be reversed. requires financial institutions obtain, verity and retain certain cardholder information, such as your name, « IH we do not believe there was a mistakes You will have to pay the amount in question, along with order applying to marital property will adversely affect a creditor's interests unless prior to the time credit obligations under the Agreement or your Account, the transfer, sale, or assignment of the Agreement or your pay your entire Account balance by the Payment Que Date each address, date of birth and other identifying information including your driver's license or other government- licable INTEREST CHARGES, Foes and Other Ch We will send vou a Monthly Biting Statement of is granted, the creditor is furnished with a copy of the agreement, statement, or court order, or has actual Account or any rights under either, and the bankruptey of any party, month. We will begin charging interest on cash advances on the Initial Fees Refund Disclosure. You may still reject this pian, provided that you have not yet used the Account issued ID, to allow us to confirm your identity, We will retain this information, With respect to information about Spee FRE RIN ATES UIA EGeS.: He WIN SEAR YU at AOUNAY: Re SHALE knowledge of that provision, Married Wisconsin residents are required to contact us at P.O, Box 3220, Buffalo 7 a 7 7 transaction date. z “is wa : nd your Account that i db i i il fr information | ‘| ith th the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay deri ‘ . |) Each of the following persons or entities is an intended beneficiary of the Provision and may enforce the or paid INTEREST CHARGES, Fees or Other Charges after receiving a Monthly Billing Statement, If you do reject you ang your Account that is covered by our privacy policy, we Will Use Such information In accordance with the the amcuat we thin you owe NY 14240-3220 to provide the name and address of your spouse, rovision in full with respeet to any claims between such persons or entities on the one hand and you on the the plan, you are not responsible for any INTEREST CHARGES, Fees or Other Charges, terms of the Privacy Policy, : ARBITRATION PROVISION other hand that arise out af or in any vay relate to the Agreement or the Provision: Continental Finance and Minimum Interest Charge None OTHER TERMS AND CONDITIONS How to ContactUs For genera inguis and carespondence we cn be reached in wing at Continental Ht you receive our explanation but sti believe your Monthly Biting Statement is wrong, you must wt to us ee Sinai (ALGEN mab RURDOR, vl coe: siete eae een pane Finance, P.O, Box 3220, Buffalo, NY 14240-3220. 0, you can call our Customer Service Department within 10 days telling us that you stil refuse to pay. If you do so, we cannot report you as delinquent without PLEASE READ CAREFULLY: This Arbitration Provision (the “Provision") waives any right to file claims licensees, attorneys, predecessors, successors, jolt venturers, contractors, assigns, designees, servicers, and For Credit Card Tips from the | To Jean more about factors to consider when applying for or using a Deposit. if your Account is required to be secured by a Deposit Account, your deposit will be maintained at a at 1-866-449-4514, Automated Account information is avallable 24 hours a day, 7 days a week with also reporting that you are questioning your Monthly Biling Statement. We must tell you the name of anyone in court, other than a small claims court, or to participate in a class action or other consolidated “service providers” (detined as any third party providing us or any ofthe foregoing entities or persons any goods Consumer Finanelal Protaction | credit card, visit the website of the Consumer Financial Protection financial institution of our choice, Additional terms and conditions governing the Deposit Account are explained representatives available Monday — Friday between the hours of 7:00 a.m. to 10:00 p.m. and Saturday between to whom we reported you as delinquent, and we must let those organizations know when the matter has been proceeding, or services that arise out of or in any way relate to the Agreement or the Provision). Bureau Bureau at htto:/lwww.consumerfinance.qovilearnmore. elsewhere in this Agreement, the hours of 9:00 a.m, to 4:00 p.m,, Eastern Time. Payments should be mailed to the addrass listed on your settled between us. . 7 : : : Monthly Billing Statement. CARDHOLDERS COVERED BY THE MILITARY LENDING ACT. Notwithstanding any other provision of this m) Mv ne i Kerala by or against any person i entity purarting bring Claims mn bh shone Binding Effect Upon Death or Incompetency. lf we pay a merchant or financial institution for a purchase or Ife donot follow al of the rules above, you do not have to pay the fist $50 of the amount you question even if Anreemment, Ifyou area ‘covered boerower” under the Miltary Lending Act, as defined In at 32.CFWt§ by Taree 37 Peak tay oer lero ieuar tenet tat but forthe transfer o the right : posta cash advance to your Account befare we receive actual written notice of your death or incompetence, or if YOUR BILLING RIGHTS your Monthly Billing Statement is correct, 232.949), the Aahiteation Provision does not apply te yor. interest, would have belonged te us or an Intended beneficiary ofthe Provision, we pay a merchant or financial institution for a purchase made by you or post a cash advance taken by you prior Sue REINS EVES, na en ae \ i . i Set id Mainte Fi NOTICE: Some of these set-up and fees will be to your death or incompetence, that transaction will be a valid and binding Account abligation upon you, your KEEP THIS NOTICE FOR FUTURE USE Your Rights if You Are Dissatisfied With Your Credit Card Purchases. Unless you opt out . Provision in the manner set ide below in sooth any Claim that arises out of or in n) You and we shall retain the right to bring in the small claims court for the county of your residence any clalms a ee bate jiu bein aig your a pnd wid tadine We anearioreedl estate and yaur personal representatives, iba ge lelih li edd bide fine He Tor Al Be cepa eka that are within the small claims courts jurisdiction. In the event ofthe foregoing, and pursuant to the applicable you initially have available. Based on your Credit Limit of $1,000.00, your This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act I you are dissatisfied withthe goods or services that you have purchased with your Card and you have tried in ene a at ble Mehler ag Re ae de initial available credit will be $825 (or $895 if you choose to have an Our Liability To You. Neither Celtic Bank nor Continental Finance will have any lability to you other than as good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount a) This Provision is contained in a contract evidencing interstate commerce and is governed by the Federal judoment or order shall be undertaken exclusively by arbitration in accordance with the Provision, additional Card). provided in the Agreement and these terms and conditions, Unless imposed by law, netther Celtic Bank nor What To Do If You Find A Mistake On Your Monthly Billing Statement. due on the purchase, Arbitration Act, 9 U.S.C. Sections 1-16, 1) ce . Continental Finance wil be lable for any indirect, punitive, incidental, special or consequential loss or damages oj If any part ofthe Provision is found unenforceable, subject to ay iis to judicial and/or appellate review the aa = ie a bare Sai  obinlik aha ail with respect to this Agreement. It you think there is an error on your Monthly Billing Statement, weite to us at: To use this right, all of the following must be true: b} Arbitration in accordance with this Provision shall be conducted by the American Arbitration Association offending part shall be severed and the balance of the Provision shall remain in effect and shall be construed in ed at a ng ins rid rs Set na ("AAA") by-a single arbitrator {the Arbitrator") using the applicable rules and procedures established by the light of the express intent of you and us to resolve al claims on a bilateral basis in binding arbitration, except a aie ie memes a iain Notices, We will send Monthly Billing Statements and any other notices to you at the address shown in our files, Continental Finance 1, The purchase must have been made in your home state or within 100 miles of your current mailing address, ANA for expedited consumer arbitration. To the extent any of the AAA's rules and procedures contradict the that: (1) fall or any portion of subpart (e) is declared invalid in @ proceeding between you and us, without in «Annual Fee $75.00 for the first year, after that $99.00 annually ; ‘i i : z ie 1 \ any way impairing the right to appeal such decision, this entire Provision (other than this sentence) shall be null # If you choose to receive Monthly Billing Statements electronically, we will send them and any other notices to P.O, Box 3220 and the purchase price must have been more than $50. (Note: Neither of these are necessary IT your purchase express terms of the Provision, the Provision shall control and the contradictory portions of the AAA's rules and and void in suck proceeding: and (2) ita Claim is brought seeking public injunctive relief and a court determines you at the email address shown in our files. You promise to inform us promptly in writing of any change in your Butfalo, WY 14240-3220 was based on an advertisement we mailed to you, orif we own the company that sald you the goods or services.) procedures shall not apply. that the restctions in ‘thea (e} or elsewhere in the mension soning the arbitrator [rom awarding relief address or email address, Any writlen notice from you to us must be sent to us at Continental Finance, P.O, Box ‘i ; ' fh 4 ; : ; : . = : on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final 3220, Buffalo, NY 14240-3220 or to such other address as we may give you, and shall be effective when received In your letter, give us the following information: 2, You must have used your Card for the purchase. Purchases made with cash advances from an ATM or with a ¢) The Arbitrator shall enforce the Applicable Law in the Agreement and shall honor applicable statutes of after all appeals hhave been exhausted), the Claim for public injunctive relief will be determined in court and by usatsuch address, In determining your last known address, we can accep! address corrections received from check that accesses your Account do nel quality limitations and claims of privilege. The Arbitrator may award any relief available under Applicable Law, provided any individual Claims seeking monetary relie! will be arbitrated. In such a case the parties will request that + Additional Card Fee $30,00 (one time, if applicable) the U.S, Postal Service, « Account information: Your name and Account number, ‘ that the Arbitrator is not authorized to award punitive or other damages not measured by the prevailing party's the court stay the Claim for public injunctive relief until the arbitration avrard pertaining to individual relief has + Dollar amount: The dollar amount of the suspected ear, 3, You must not yet have fully pai actual damages. Saaaaboms ‘ Og _ ‘coe i \y paid for the purchase, Credit Limit Increases, You Credit Limit will be increased by $1,000 bringing your total Credit Limit to $2,000 » Description of problem: If you think there is an error on your Monthly Billing Statement, describe what you ‘ ; ; ; pe Co ; . ; Transaction Fees ifyou make at least your Minimum Monthly Payment by the Payment Due Date each month for the first 6 monthly believe is virong and why you believe itis a mistake, ya a Co a} You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or P} You may opt out of this Provision by sending written notice to us of your decision to opt out. Notice must be Biling cycles. ited ity denosit at Account oneni i nat need to denosit any additional Hfall of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: be represented by counsel. Any in-person arbitration hearing or proceeding shall be held inthe same city as the sent by United States Postal Certified Mall, Return Receipt Requested, to the following address: Celtic Bank, : : ' ling cycles. I we required a security deposit at Account opening, you wil nat need to deposit any additions fei i ‘ clo Continental Finance Company, P.O, Box 3220, Buffalo, NY 14240-3220. The notice must be postmarked no * Cash Advance Either $5.00 or 5% of the amount of each cash advance, whichever is WS. District Court closest to your billing address unless you and we agree otherwise, oa eanoceereanin § = tietnit ces i ne ea get et oe j i ; : F . sea a si state that you reject the arbitration Provision and include your name, address, Account number and personal , . ‘ and elect to receive such increase. Each Credit Limit Increase may vary in size but will be subject to 8 maximum + Within 60 days after the error appeared on your Monthly Billing Statement. Sgn My The recat fs aueiy contac ess, ol; etorney gees of CoRsOASoted eiDiratON signature, No one else may sign the opt out notice, Your opt out notice will not apply to the arbitration provision(s) * Foreign Transaction 34h of each transaction in U.S. dolars. ate nore ; Buffalo, NY 14240-3220 proceedings on any Claim, and may award relief only on an individual basis, If you assert a Claim against us, i th ft h had with ys. ¥ isi ill vei Credit Limit of $3,000.00. Each Credit Limit increase will appear on your Account no later than one (1) month after + Atleast 3 husiness days before an automated payment is scheduled, if you want to stop payment an the ’ we can chave to arbitrate: Claime broughl as part ot'a class-action: or anv other representative action can be governing any ather accounts) that you have or had with us. Your decision to opt out will not affect our decision Penalty Fees i i ibe i ‘aibi(l i AN G)OUSE 10 AISA eNE, SHSIMS BUOEQT 85 Paty 01 Cons ACURA CAN Oaer FEDTPSeRIAUYE af to continue to extend credit to you under the Agreement, you have qualified for such increase, We may change the criteria applied to determine your eligibility for a Credit amount you think is wrong. sewers F . . - arbitrated only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Limit Increase at any time in our sole discretion in accordance with Applicable Law. In addition, we may elect, in While we investigate, the same rules apply to the disputed amount as discussed above, After we finish our Cla fa chats aelion ar Oth lative action, Claims of two (2 th a ; , * Late Payment Up to $40.00 tae avi ‘ ‘ aaa j ; er ; investigation, we will fell you our decision, Al that point, if we think you owe an amount and you do not pay, we aim as part of a class action or other representative action. Claims of two (2) or more persons may not be Mastercard” and the Mastercard acceptance mark and service marks used by Celtic Bank under license from our sole discretion, to modify or discontinue the practice of granting Credit Limit Increases. You must notify us of any potential errors in writing, You may call us, but if you do we are-net required to nun, see : pont, y y pay. combined in the same arbitration. Mastercard International investigate any potential errors and you may have to pay the amount in question, may repart you as delinquent, , + Retumed Payment Up to $40.00 Foreign Currency Conversion Rate, |{ you effect a transaction at a merchant that settles in a currency other STATE DISCLOSURES #] Except as may be required by law, neither a party nor its representatives may disclose the existence, content, than U.S, dollars, the transaction amount will be converted into U.S, dollars ata government-mandated exchange What Will Happen After We Receive Your Letter When we receive your letter, we must do two things: i uy ar in ; : : or results of any arbitration hereunder without the prior written consent of all parties, No arbitration award How We Will Calculate Your Balance: We use a method called “average daily balance {including new purchases.” rate, of a wholesale exchange rate. The government-mandated exchange rate or wholesale exchange rate is the California Residents. & married applicant may apply for @ separate Account, As required by law, you are involving the parties will have any preclusive effect as to issues or claims in any dispute invelying anyone who See INTEREST CHARGES below for more details, ate selected for the applicable currency on the day the transaction is processed, which may differ from that 1, Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if hereby notified that a negative credit reporting reflecting on your credit record may be submitted to a Consumer is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have applicable to the date the transaction occurred or when it is posted to your Account. we have already corrected the error. Reporting Agency if you fail to fulfill the terms of your credit obligations. After credit approval, each applicant preclusive effect in an arbitration between the parties to this Provision. Billing Rights: : Information on your rights to dispute transactions and how to exercise those rights is provided in your shall have the right to use the Account up to the limit of the Account, Each applicant may be liable for amounts ; a Cardholder Agreement and Deposit Account Contract. Call Monitoring/Recording, You authorize us and any third party servicing your Account to listen to and 2. Within 90 days, of receiving your letter, we must either correct the error or explain to you why we believe the extended under the plan to any joint applicant. g) AAA rules and procedures applicable to fees shall determine the allocation of the initial filing fees for the ayt0/2024 M-134457 8 9 10 il 12 , 1 < > = = = = FOLD TO 35/8” 2 2 ee Sa LAO S104 TAN SIALCHARGES AND FEES INTEREST CHARGES: ———S———— Periodic Rates. INTEREST CHARGES for purchases and cash advances are calculated at a monthly periodic rate of 2.0825%, which is equivalent to an ANNUAL PERCENTAGE RATE ("APR") of 24.99%. 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 fotal amount you must pay, and thay 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 21.74% 10 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 an 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 patd in full. There is no time in which you can pay the balance-of cash advances in order to completely avold INTEREST CHARGES. INTEREST CHARGES {or.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 dally balance af 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 dally 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, foreach 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. 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, 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. Annual Fee. Your Account will be assessed an Annual Fee of $75.00 {Annual Fee") for the first year and $99.00 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. Annwal 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. 2 Late Payment Fee. If wedo 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 $29.00 or your Minimum Payment (“Late Payment Fee”) in accordance with taw. 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 $40.00 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 $29.00 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 $40.00 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 anda Returned Payment Fee based upon a single payment. OTHER IMPORTANT DISCLOSURES: Authorization. You certify that all the information given in your application is rue and correct and you are giving this information in order to obtain credit and authorize us to obtain Information concerning any statements herein. You agree to furnish us with all requested information. You authorize us to charge the Annual Fee, Monthly Maintenance Fee and Additional Card Fee (if applicable) to your Account, 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” teler to Celtic Bank as the issuer of the Card and Continental Finance as servicer, and each of their respective agents, authorized representatives, successors and assignees, “Agreement” means this 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 @ Card with the applicant's consent (“Additional Card or Authotized User”). The word “Card” means your tredit card. Please read this Agreement carefully and save It for future reference. It contains important state and federal disclosures, including Requlation 2 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} “(Applicable Law"), 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 Agreementis entered into between you and usin Utah, regardless of the state of your residence or whether or nat 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 Irom or relating in any way to the subject matter of this Agreement and your Account, including, without limitation, statutory, equitable, and tort clalms, Federal law provides important protections to members of the Armed Forces and thelr 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, 3 please call toll-free 1-800-935-3808. Effective Date: This Agreement is effective upon the earlier of your acceptance and use of the Card to make @ 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 ttave 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 nol 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 Hotice 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, Binding Effect. This Agreement is binding upon and enforceable against your heirs, legal representatives, and Successors. Severability, {f 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 invatid 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, and if applicable, the Continental Credit Protection Addendum, 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 miake 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 within the first ninety five (95) days after an Account is open, After ninety five (95) days have elapsed from Account opening, 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 he 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: (¢) your ability to obtain cash advances; and (d) your ability to use your Card atan automated teller machine (“ATM”), Hf you give your Account number to make a purchase or abtain.a cash advance without presenting your Card (such as fora 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. Hf you believe that anyone has gained unauthorized access Lo 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 personis an Authorized Uses, 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. We are not fequired to fry 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 advances, INTEREST CHARGES and 4 Fees incurred or obtained by the Authorized User, We may close your existing Account and issue you a new Card and Account umber. 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 al: Continental Finance, P.0. Box 3220, Buffalo, MY 14240-3220, or call us at 1-800-556-5678. You will not be liable for any unauthorized use. 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 nat be responsible for merchandise or services purchased thraugh 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. Ifa PINl is assigned to you, you may obtain a cash advance, any time after ninety five (95) days after Account opening, at any authorized ATM thal 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 a5 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 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 al least the Minimum Payment Due each month on or before the Payment Due Date, Minimum Payment Due: + Ifthe 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 Mew 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 lav, 5 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 nol 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 10 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 @ 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, We 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 ourrights or legal defenses. All written communications concerning disputed amounts, including a check of other payment instrument that (a) indicates thal the payment constitutes “payment in full” or is otherwise tendered as full satistaction of a disputed amount, or (b}is tendered with other conditions or limitations, must be marked or delivered to us at the address for “Send Correspondence To” 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 STATEMEWTS, OTHER INFORMATION AND COMMUNICATION FROM US When We Send Monthly Billing Statements. We 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 ourtiles. 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 bean 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 (ither 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. Ifyou dispute a transaction made by you or someone else on your Account and we later credit your Account for all of part of the disputed amount, you will give us all of your sights against that other person. You also agree to give us any merchandise associated with the disputed transaction and to hetp 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 us to contact you regarding your Account at such number(s) using any lawful means of aaa 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. Standard text messaging and/or calling charges imposed by your provider may apply. If you provide telephone number(s) for which you are aot the subscriber, you understand that you shall indemnify us for any costs and expenses, including reasonable attorneys’ fees, incurred as a result of us attempting to contact you at the numbers). You do have the option to opt out of receiving communications at that number any time thereafter by contacting us at [the customer service telephone number provided on your statement], or sending written sotice to us to the following address: (Celtic Bank, c/o Continental Finance Company, P.0. Box 3220, Buffalo, NY 14240-3220). You must retain proof of delivery. if you send communications to any other address, we may nol process your request. E-mail. By providingus 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. Call Monitoring. We may monitor and record any calls between you and us. Notices. We may send any notices to the address you gave us, or, if you have agreed, by email to the address you gaveus. If you have multiple addresses, we will send notices to only one such address, We considera notice sent ass00n as we mail it. We consider an electronic notice sent as soon as we email il, unless we receive notification that the email was undeliverable, 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 donot pay at least the Minimum Payment Due on your Account on or before the Payment Due Bate, + You die or become legally incompetent. + Abankruptcy or other insolvency proceeding Is filed by or against you. + You exceed or attempt toexceed your Credit Limit. + You provide us with or have provided us with false or misleading information or signatures at any time. « You fail fo comply with this Agreement, + You fail to make any payment or perform any promise inany 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, Hf 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. « Hot replace your Card(s). + Reduce your Credit Limit. « Applyany 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 attomeys’ fees that we incur as a result of your default. 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 qT