The	Deserve®	Card	Cardholder	Agreement	

July	2020	

The	Deserve®	Card	Cardholder	Agreement	for	Cards	issued	by	Celtic	Bank													

This	Deserve®		Card	Cardholder	Agreement	(“Cardholder	Agreement”)	outlines	the	terms	

and	conditions	under	which	The	Deserve®			Card	Mastercard	(the	“Card”)	is	issued	to	You	

by		Celtic	Bank,	a	Utah-Chartered	Industrial	Bank,	Member	FDIC	(	“us,”	“we,”	“our,”	or	the	

like).		.	Please	review	this	in	detail	to	be	sure	You	understand	all	of	the	terms	and	

conditions	with	using	this	digital	Card.	

There	are	three	main	parts	to	this	Cardholder	Agreement:	Pricing	Information,	Customer	

Agreement,	and	Your	Billing	Rights.	The	Pricing	Information	shows	the	primary	pricing	

terms	for	this	Card	for	new	accounts	available	under	this	Agreement.	The	Customer	

Agreement	contains	important	information	related	to	how	we	will	administer	the	credit	

card	program.	Plus,	any	other	disclosures	or	notices	that	are	referenced	or	issued	are	part	

of	this	Agreement.	Your	Billing	Rights	summarizes	certain	rights	provided	to	You	by	law	

that	are	related	to	billing	on	Your	Card	account	(“Account”).	

THIS	 AGREEMENT	 REQUIRES	 CLAIMS	 TO	 BE	 ARBITRATED	 AND	 FORBIDS	 CLASS	
ACTIONS	 UNLESS	 YOU	 (1)	 ARE	 SUBJECT	 TO	 THE	 PROTECTIONS	 OF	 THE	 MILITARY	
LENDING	ACT	OR	(2)	EXERCISE	YOUR	RIGHT	TO	REJECT	ARBITRATION	AS	PROVIDED	
IN	THE	ARBITRATION	PROVISION	OF	THIS	AGREEMENT.	

PRICING	INFORMATION	

Interest	Rate	and	Interest	Charges	

Annual	Percentage	Rate	

(APR)	for	Purchases	

14.99%	to	24.99%,	based	on	Your	creditworthiness	
when	You	open	Your	Account.	This	APR	will	vary	with	the	
market	based	on	the	Prime	Rate.	

APR	for	Balance	Transfers	 N/A	(Balance	Transfers	are	not	available)	

APR	for	Cash	Advances	

N/A	(Cash	Advances	are	not	available)	

 
 
	
	
	
	
Interest	Rate	and	Interest	Charges	

Your	due	date	is	at	least	23	days	after	the	close	of	each	

How	to	Avoid	Paying	

billing	cycle.	We	will	not	charge	You	any	interest	on	

Interest	

purchases	if	You	pay	Your	entire	balance	by	the	due	date	

each	month.	

Minimum	Interest	Charge	

If	You	are	charged	interest,	the	charge	will	be	no	less	than	

$1.00.	

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	Consumer	Financial	

Protection	Bureau’s	website	

at	http://www.consumerfinance.gov/learnmore	

Fees	

Annual	Fee	

None	

Transaction	Fees	

•  Balance	Transfer	

•  N/A	(Balance	Transfers	are	not	available)	

•  Cash	Advance	

•  N/A	(Cash	Advances	are	not	available)	

•  Foreign	Transactions	

•  None	

Penalty	Fees	

•  Late	Payment	

•  Up	to	$25	

•  Over-the-Credit	Limit	

•  None	

•  Returned	Payment	

•  Up	to	$37	

How	We	Will	Calculate	Your	Balance:	We	use	a	method	called	Average	Daily	Balance	

(including	new	purchases).	See	Customer	Agreement	for	details.	

Billing	Rights:	Information	on	Your	rights	to	dispute	transactions	and	how	to	exercise	

those	rights	is	provided	in	Your	Agreement.	

 
 
		
		
		
	
	
	
CUSTOMER	AGREEMENT	

Welcome	to	The	Deserve®	Card	by	Celtic	Bank!	

Thank	You	for	opening	an	online	credit	Card	Account	with	us.	This	Customer	Agreement	

(“Agreement”)	contains	the	terms	for	Your	Card.	

Some	Definitions.	

The	meanings	of	the	terms	You	see	in	italics	appear	in	the	Glossary	Section.	We	also	have	

links	to	certain	terms	and	definitions.			

To	make	the	Agreement	easy	to	understand,	we	will	also	use	the	following	personal	

pronouns	“You,”	“Your,”	and	“Yourself”	mean	each	applicant	for	the	Account;	any	person	

responsible	for	paying	the	Account;	and	anyone	You	authorize	to	use,	access	or	service	the	

Account.			

“We,”	“us,”	“our,”	“Celtic	Bank”	means	Celtic	Bank,	a	Utah-Chartered	Industrial	Bank,	

Member	FDIC;	and	its	agents,	authorized	representatives,	successors,	and	assignees.		All	

Deserve	cards	are	issued	by	Celtic	Bank.	

Things	You	Should	Know	About	This	Card	

How	are	the	Balance	and	Interest	Charges	calculated?	

We	use	the	Average	Daily	Balance	Method	(Including	Current	Transactions).	

We	figure	the	interest	charge	on	Your	Account	by	applying	the	periodic	rate	to	the	

“average	daily	balance”	of	Your	Account.	To	get	the	“average	daily	balance”	we	take	the	

beginning	balance	of	Your	Account	each	day,	add	any	new	purchases/fees,	and	subtract	

any	unpaid	interest	or	other	finance	charges	and	any	payments	or	credits.	This	gives	us	

the	daily	balance.	Then,	we	add	up	all	the	daily	balances	for	the	billing	cycle	and	divide	

the	total	by	the	number	of	days	in	the	billing	cycle.	This	gives	us	the	“average	daily	

balance.”	

 
 
	
	
	
	
	
	
	
How	is	Your	Variable	APR	Calculated?	

•  Your	variable	Annual	Percentage	Rate	(APR)	is	calculated	by	adding	a	margin	

(currently	between	11.74%	and	21.74%)	to	the	Prime	Rate.	

•  We	use	the	Prime	Rate	from	the	rates	section	of	the	Wall	Street	Journal,	published	

two	business	days	before	the	end	of	the	Billing	Cycle.	

Your	Daily	Periodic	Rate	(DPR)	is	1/365th	of	the	corresponding	APR.	

If	the	Wall	Street	Journal	does	not	publish	a	rate	on	that	day,	we	will	use	the	Prime	Rate	for	

the	previous	business	day.	If	the	Wall	Street	Journal	is	no	longer	published,	we	may	use	the	

Prime	Rate	from	any	other	newspaper.	Or,	we	may	choose	to	use	a	different,	similar	

published	rate.	

If	the	Prime	Rate	increases,	Variable	APRs	will	increase.	In	that	case,	You	may	pay	more	

interest	and	may	have	a	higher	payment	or	balance	due.	When	the	Prime	Rate	changes,	the	

resulting	changes	to	Variable	APRs	take	effect	as	of	the	first	day	of	the	next	Billing	Cycle.	

How	can	I	avoid	paying	Interest	Charges?	

If	You	pay	Your	statement’s	“New	Balance”	in	full	by	the	due	date,	we	will	not	charge	

interest	on	any	new	transactions	that	post	to	the	Purchase	balance.	If	You	have	been	paying	

Your	account	in	full	with	no	interest	charges,	but	then	You	do	not	pay	Your	next	“New	

Balance”	in	full,	we	will	charge	interest	on	the	portion	of	the	balance	that	You	did	not	pay.	

How	is	the	Interest	Charge	applied?	

Interest	charges	accrue	from	the	1)	date	of	the	transaction,	2)	date	the	transaction	is	

processed,	or	3)	first	calendar	day	of	the	billing	period.	Interest	charges	accrue	on	every	

unpaid	amount	until	it	is	paid	in	full.	This	means	You	may	owe	interest	charges	even	if	You	

pay	the	entire	“New	Balance”	one	month,	but	did	not	do	so	for	the	previous	month.	Unpaid	

interest	charges	are	added	to	the	proper	segment	of	Your	Account.	However,	we	reserve	

the	right	to	not	assess	interest	charges	at	any	time.	

Can	You	Change	My	Account	Terms?	

Although	we	don’t	plan	to,	we	can	change	some	terms	of	Your	Account	as	permitted	by	law.	

If	we	do	change	any	of	the	terms	in	this	Cardholder	Agreement,	we	will	send	You	notice	

 
 
	
	
	
before	doing	so.	Please	review	this	Cardholder	Agreement	in	full	to	be	sure	You	understand	

the	current	terms	for	Your	Card.	

Your	APR,	daily	periodic	rate,	and	interest	charges	will	change	if	the	Prime	Rate	

changes.	

Account	Documents.	

Your	Account	with	us	is	governed	by	the	following	documents:	

• 

this	document;	

•  all	Statements;	

•  any	Privacy	Notices	describing	our	limitations	on	sharing	information	about	You	

with	others;	

•  any	Card	benefits	brochure	which	describes	benefits	provided	by	the	Payment	Card	

Network	for	Your	Card	and	Account.	The	most	current	version	of	Your	Card	benefits	

brochure	will	replace	all	prior	versions;	

•  all	disclosures	and	materials	provided	to	You	before	or	when	You	opened	Your	

Account,	including	Truth	in	Lending	Disclosures;	

•  all	other	documents	and	disclosures	relating	to	Your	Account	including	those	

provided	online;	and	

•  any	future	changes	we	make	to	any	of	the	above	documents.	

Please	read	these	carefully	and	keep	them	for	future	reference.	An	image	of	any	of	these	

can	be	used	instead	of	the	original.	

New	Offers.	

In	the	future,	we	may	make	new	offers	to	You	or	forward	offers	from	others	that	we	think	

You	might	be	interested	in.	These	offers	may	have	different	terms	and	documentation	

which	will	be	provided	when	we	make	You	the	offer.	If	You	accept	the	offer,	all	previously	

disclosed	terms	will	still	apply	except	as	modified	by	the	offer.	

 
 
	
	
	
	
For	more	information	about	what	we	and	our	service	providers	may	share	and	how	to	opt	

out,	please	review	the	Privacy	Notice.		You	can	see	how	we	and	our	service	providers	

collect,	use	and	store	Your	data	in	our	Privacy	Policy.			

Consent	to	Electronic	Documents.	

We	are	committed	to	offering	services	to	You	in	a	convenient,	controlled,	and	secure	

manner.	Therefore,	the	online	Card	application	and	approval	process	has	been	designed	

around	the	expectation	that	all	documents	and	information	required	to	be	provided	to	You	

will	be	provided	electronically.	Any	written	or	electronic	notice	or	communication	we	send	

to	You	will	be	effective	when	made	available	in	the	App,	when	sent	to	the	email	address	

associated	with	Your	Account,	or,	if	You	have	withdrawn	Your	consent	to	electronic	

communications,	when	mailed	to	the	address	associated	with	Your	Account.		By	proceeding	

with	the	online	application	or	activating	Your	Card,	You	agree	to	the	terms	detailed	in	our	

Electronic	Consent	Policy,	as	amended	from	time	to	time.	Please	review	this	Policy	to	

ensure	You	understand	and	agree	with	all	of	the	terms;	while	we	have	summarized	our	

terms	and	conditions	here,	the	Electronic	Consent	Policy	details	all	of	Your	and	Our	rights	

and	obligations.	

If	at	any	time	after	You	submit	the	application	You	change	Your	mind	and	wish	to	no	longer	

receive	documents	and	information	electronically,	please	notify	us	as	detailed	in	the	

Electronic	Consent	Policy.	Understand	that	this	may	result	in	an	adverse	decision	on	Your	

Application.	

Account	Information	and	Contact	

We	need	information	about	You	to	manage	Your	Account.	The	information	we	need	may	

include:	

•  Your	legal	name;	

•  a	valid	U.S.	mailing	address	and	residential	address	(if	different);	

•  Your	date	of	birth;	

•  Your	Social	Security	Number,	Passport	Number,	and/or	other	government	

identification	number,	if	available;	

•  Your	telephone	number(s);	

 
 
	
	
•  Your	employment,	income,	and	asset	information;	

•  Your	educational	history	and	information;	

•  Your	citizenship	status	and	information;	and	

•  other	related	information	as	deemed	necessary.	

You	must	promptly	notify	us	of	any	change	to	Your	name,	mailing	or	email	address,	or	

phone	number	by	contacting	us.	We	may	rely	on	Your	email	address	or	mail	address	as	it	

appears	on	our	records	and	any	email	address	that	You	associate	with	Your	Deserve	Card	

for	any	and	all	Account	communications	we	send	to	You	unless	and	until	You	notify	us	of	

any	changes.	We	may	also,	in	our	sole	discretion,	update	Your	mailing	address	if	we	receive	

a	notification	of	change	from	the	U.S.	Postal	Service.	You	may	also	update	some	of	this	

information	by	logging	onto	Your	Account	via	the	Mobile	App	or	by	calling	one	of	our	

representatives	at	the	telephone	number	provided	on	Your	Statement	or	in	the	App..	We	

may	require	You	to	provide	additional	documents	that	are	acceptable	to	us	to	verify	this	

information	or	any	changes.	We	maintain	the	right	to	restrict	or	close	Your	Account	if	Your	

information	cannot	be	verified	or	if	You	do	not	provide	additional	information	as	

requested.	

You	agree	that	we	may	contact	You	using	any	technology	and	methods	of	our	choice.	This	

includes	using	an	automated	telephone	dialing	system	or	other	similar	system	to	contact	

You	by	email,	text	message,	device-level	notification,	or	other	electronic	notification	

method	supported	by	the	software	You	use	to	access	Your	Account.	We	may	use	any	

telephone	numbers	(including	wireless,	landline	and	voice	over	IP	numbers)	or	email	

addresses	that	You	give	to	us.	You	understand	and	agree	that	anyone	with	access	to	Your	

telephone	or	email	account	may	listen	to	or	read	the	messages	that	we	leave	or	send	You.	

You	agree	that	we	will	not	be	liable	for	any	charges	that	You	incur	in	connection	with	

emails,	text	messages,	device	level	notifications	or	other	communications	that	we	or	our	

agents	and	representatives	send	to	You.	You	agree	to	notify	us	immediately	if	You	change	

telephone	numbers	or	are	no	longer	the	subscriber	or	usual	user	of	a	telephone	number	

that	You	give	to	us.	You	agree	that	we	may	monitor,	record,	retain	and	reproduce	Your	

telephone	calls	and	other	communications	with	us.	At	any	time,	You	can	withdraw	Your	

consent	to	receive	text	messages	through	a	telephone	network	(e.g.,	SMS)	or	to	receive	calls	

 
 
	
through	a	telephone	network.	To	revoke	Your	consent,	You	must	contact	us	in	accordance	

with	this	Agreement.	

You	also	give	us	permission	to	verify	or	research,	with	or	without	a	third	party,	the	

information	You	provide	to	us.	This	permission	includes,	without	limitation,	verifying	or	

researching	Your	information	with	that	of	any	or	multiple	third	party	identification	and/or	

verification	service(s),	United	States	Department	of	Homeland	Security,	and/or	the	United	

States	Department	of	the	Treasury.	

The	Deserve	Card	

There	is	no	fee	from	Deserve	or	Celtic	Bank	to	access	our	App,	but	You	should	check	with	

Your	mobile	service	provider	about	charges	for	data,	text	messages,	and	internet	access.	

When	a	new	version	is	available	or	for	critical	updates,	You	may	need	to	visit	the	app	store	

that	provides	apps	for	Your	device.			

Your	Deserve	Card	Account	eligibility	is	based	upon	our	ability	to	authenticate	You.	If	You	

are	eligible	for	a	Deserve	Card	You	will	receive	online	Card	credentials	(Card	Number,	

Expiration	Date	and	CVV)	that	You	can	use.	Your	Deserve	Card	can	be	added	to	Your	digital	

wallet and	used	to	make	in-person	purchases	anywhere	Your	digital	wallet	is	accepted	and	

a	physical	card	will	not	be	required.	The	Deserve	Card	can		be	used	to	make	online	

purchases	anywhere	Mastercard	is	accepted.		Using	the	Deserve	App	allows	You	to	view	

Your	balances,	credit	limit,	and	recent	transactions,	to	make	payments,	and	more.	

Credit	Limit.	

When	You	open	Your	Deserve	Card	Account,	You	will	receive	Your	credit	limit.	This	will	

also	appear	on	Your	Statements.	We	might	also	refer	to	Your	credit	limit	as	Your	credit	line.	

You	are	responsible	for	keeping	track	of	Your	Account	balances	and	Your	available	credit	

limit.	Do	not	allow	Your	Account	to	go	over	any	credit	limit,	as	the	transaction	could	be	

declined	or	Your	credit	score	could	be	adversely	affected.	We	may	still	honor	transactions	

above	Your	credit	limit,	but	our	honoring	of	these	transactions	will	not	increase	Your	credit	

 
 
	
	
	
	
limit.	We	may	also	increase,	decrease,	restrict,	or	cancel	Your	credit	limit	at	any	time.	This	

will	not	affect	Your	obligation	to	pay	us.	

Using	Your	Account.	

You	promise	to	follow	the	terms	of	this	Agreement	as	long	as	Your	Account	remains	open	

or	has	a	balance.	Any	physical	card	You	may	receive	in	the	future	should	be	signed	when	

You	receive	it.	The	card	will	be	valid	during	the	dates	provided	on	the	front.	You	will	take	

reasonable	steps	to	prevent	the	unauthorized	use	of	Your	Card	and	Account.		

We	are	not	responsible	if	anyone	refuses	to	accept	Your	Card	for	any	reason.	Also,	we	may	

reject	any	transaction	for	any	reason.	Unless	we	tell	You	otherwise,	we	will	bill	each	

transaction	to	the	applicable	Segment	of	Your	Account	and	apply	it	against	Your	available	

credit	limit	for	the	Account	and	Card	for	that	Segment	in	each	Billing	Cycle.	

You	must	not	use,	or	try	to	use	the	Card	for	any	Internet	gambling	transactions	or	

transactions	that	are	illegal	or	not	permitted	by	us.	You	will	still	be	responsible	or	such	

transactions	if	You	do.	In	addition,	these	transactions	will	be	subject	to	this	Agreement,	and	

You	might	have	to	reimburse	the	Payment	Card	Network	and	us	for	all	damages	and	

expenses.	

From	time	to	time,	due	to	circumstances	beyond	our	control	(such	as	system	failures,	fires,	

floods,	natural	disasters,	or	other	unpredictable	events)	our	services	might	be	unavailable.	

When	this	happens,	You	might	be	unable	to	use	Your	Card	or	obtain	information	about	

Your	Account.	We	will	not	be	responsible	or	liable	if	this	happens.	

Protecting	Your	Account	Information	and	Credentials	

	You	are	solely	responsible	for	maintaining	the	security	of	Your	Card,	Your	telephones	and	

their	passcodes,	and	any	other	authentication	credentials	used	in	connection	with	Your	

Account	(collectively,	Your	"Credentials").	If	You	authorize	or	allow	anyone	else	to	use	Your	

Account	(e.g.,	by	providing	the	passcode	to	Your	telephone,	allowing	a	third	party	to	set	up	

facial	or	touch	identification,	or	otherwise	providing	any	of	Your	Credentials	to	a	third	

party),	the	person	may	be	able	to	make	Transactions	using	Your	Account,	and	You	will	be	

liable	for	all	Transactions	made	on	Your	Account	by	that	person.	

 
 
	
	
	
Your	Promise	to	Pay.	

You	promise	to	pay	us	all	amounts	due	on	Your	Account.	This	includes	amounts	where	You	

did	not	sign	a	purchase	slip	or	other	documents	for	the	transaction.	If	You	use	Your	Card	

number	without	presenting	Your	actual	Card	(including	without	limitation	mail,	telephone,	

or	internet	purchases),	this	will	be	treated	the	same	way	as	if	You	used	the	Card	in	person.	

If	You	let	someone	else	use	Your	Card,	You	are	responsible	for	all	transactions	that	person	

makes.	Your	promise	to	pay	us	will	apply	to	Your	estate	if	You	die.	

Statements.	

We	will	send	You	one	Statement	for	all	Cards	on	Your	Account	unless	the	law	does	not	

require	or	permit	us	to	send	a	Statement.	Statements	will	be	sent	at	the	end	of	each	Billing	

Cycle	when	Your	Account	has	a	debit	or	credit	balance	of	more	than	$1.00,	or	if	we	have	

charged	any	Interest	Charges	to	Your	Account.	Your	Statement	will	show	all	transactions	

billed	to	Your	Account	during	the	Billing	Cycle	along	with	other	important	Account	

information.	

Disputed	Transactions.	

You	must	inspect	each	Statement	You	receive	and	tell	us	about	any	errors	or	questions	You	

have	as	described	in	the	“Billing	Rights	Summary”	part	of	Your	Statement	and	other	Truth	

in	Lending	Disclosures.	If	You	do	not	notify	us	as	provided	in	those	disclosures,	we	may	

assume	that	all	information	in	the	Statement	is	correct.	

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	give	us	all	of	Your	rights	

against	that	other	person.	You	also	will:	

•  give	us	any	merchandise	or	other	purchases	You	received	in	connection	with	the	

disputed	amount	if	we	ask;	

•  not	pursue	any	claim	or	reimbursement	from	the	merchant	and	that	other	person;	

and	

•  help	us	pursue	and	get	reimbursement	from	the	merchant	and	that	other	person.	

Your	help	includes	giving	us	documents	that	we	ask	for	and	that	are	acceptable	to	

us.	

 
 
	
	
Interest	Charges	and	Fees.	

We	will	charge	Interest	and	Fees	to	Your	Account	as	disclosed	to	You	in	Your	Statements	

and	other	Truth	in	Lending	Disclosures.	In	general,	Interest	Charges	begin	to	accrue	from	

the	day	a	transaction	occurs.	However,	we	will	not	charge	You	interest	on	any	new	balances	

posted	to	the	purchase	Segment	of	Your	Account	provided	You	have	paid	Your	previous	

balance	in	full	by	the	due	date.	

We	will	treat	the	following	Fees	as	purchase	transactions	unless	otherwise	specified	below.	

These	Fees	apply	to	Your	Account	only	if	they	are	provided	in	Your	Truth	in	Lending	

Disclosures.	We	may	increase	Your	Interest	Charges	and	Fees	as	described	in	the	Changes	

to	Your	Agreement	section	or	in	Your	Truth	in	Lending	Disclosures.	

Late	Payment	Fee.	We	may	charge	You	this	Fee	if	we	do	not	receive	Your	payment	in	time	

for	us	to	credit	it	by	the	due	date	shown	on	Your	Statement.	

Overlimit	Fee.	You	will	not	have	a	fee	for	going	over	Your	credit	limit,	but	Your	credit	

score	may	be	adversely	affected	and	the	transaction	may	be	declined,	depending	on	the	

amount	of	the	overage.	

Returned	Payment	Fee.	We	may	charge	You	this	Fee	each	time	any	payment	You	make	to	

us	is	not	paid	by	Your	financial	institution	for	any	reason,	even	if	that	institution	later	pays	

it.	

Expedited	Payment	Fee.	We	may	charge	You	this	Fee	each	time	You	request	to	make	a	

payment	over	the	phone.	Before	we	charge	You	this	fee,	we	will	notify	You	of	the	amount	

and	provide	an	opportunity	to	opt	out	of	this	service.	

Copying	Fee.	We	may	charge	You	a	Fee	for	copies	of	transaction	documents	or	Statements	

unless	they	are	required	to	resolve	a	billing	dispute.	

Express	Delivery	Fee.	We	may	charge	You	this	Fee	each	time	You	request	express	delivery	

of	any	Account	documentation.	Before	we	charge	You	this	fee,	we	will	notify	You	of	the	

amount	and	provide	an	opportunity	to	opt	out	of	this	service.	

Balance	Transfer	Fee.	Balance	Transfers	are	not	available	for	Your	Card.	

Cash	Advance	Fee.	Cash	Advance	is	not	available	for	Your	Card.	

Foreign	Transaction	Fee.	We	do	not	charge	a	fee	for	foreign	transactions.	

Transactions	Made	in	Foreign	Currencies:	If	You	make	a	transaction	in	a	foreign	

currency,	the	Payment	Card	Network	will	convert	it	into	a	U.S.	dollar	amount.	The	Payment	

 
 
Card	Network	will	use	its	own	currency	conversion	procedures.	The	conversion	rate	in	

effect	on	the	processing	date	may	differ	from	the	rate	in	effect	on	the	transaction	date	that	

appears	on	Your	Statement.	We	do	not	adjust	the	currency	exchange	rate	or	charge	any	

currency	conversion	Fees.	

No	Warranties.	

Except	as	otherwise	provided	in	the	“Billing	Rights	Summary”	part	of	Your	Statements,	we	

are	not	responsible	for	any	claim	You	might	have	regarding	the	purchases	of	goods	or	

services	made	with	Your	Card.	

Merchant	Refunds.	

If	You	are	entitled	to	a	refund	for	goods	or	services	purchased	with	Your	Card,	You	will	

accept	these	refunds	as	credits	to	the	purchase	Segment	of	Your	Account.	We	do	not	control	

when	a	merchant	sends	us	Your	refund.	We	will	also	have	a	reasonable	amount	of	time	

after	we	receive	Your	refund	to	process	it.	

Minimum	Payment.	

Your	Statement	will	provide	instructions	for	making	payments,	including	the	amounts	due	

and	the	due	date	for	receiving	Your	payment.	If	applicable,	Your	Statement	will	also	include	

a	minimum	payment	amount.	To	avoid	a	Late	Payment	Fee,	You	must	pay	us	at	least	this	

minimum	payment	amount	by	the	due	date	provided	in	the	Statement.	

Your	minimum	payment	will	equal	the	greater	of:	$15	(or	Your	full	balance	if	it’s	less	than	

$15);	3%	of	Your	ending	balance	for	the	Statement;	or	the	total	amount	by	which	You	have	

exceeded	Your	credit	limit	(if	applicable).	

In	addition	to	the	minimum	payment,	You	may	pay	all	or	part	of	the	total	balance	on	Your	

Account.	However,	You	must	still	pay	at	least	the	minimum	payment	amount	each	month,	

even	if	You	paid	greater	than	the	minimum	on	the	previous	Statement.	

We	will	continue	to	charge	Interest	Charges	during	Billing	Cycles	when	You	carry	a	balance	

regardless	of	whether	Your	Statement	includes	a	minimum	payment	that	is	due.	If	Your	

Account	is	180	days	past	due,	part	of	a	bankruptcy	proceeding	or	otherwise	charges	off,	the	

entire	balance	is	immediately	due	and	payable.	

 
 
	
	
	
Making	Payments.	

Your	payments	must	be	in	U.S.	dollars	from	a	U.S.	deposit	account	and	otherwise	be	

acceptable	to	us.	We	do	not	accept	cash	payments.	You	may	not	make	payments	with	funds	

from	Your	Account	with	us.	

Mailed	Payments.	

You	must	mail	payments	to	us	at	the	address	provided	on	Your	Statement	or	as	otherwise	

instructed	by	us	or	our	agents.	We	will	credit	it	to	Your	Account	on	the	day	we	receive	it,	if:	

•  You	send	the	payment	coupon	included	with	Your	Statement;	

• 

in	the	same	envelope	with	Your	payment;	

•  You	include	Your	Account	number	on	Your	payment;	and	

•  Your	payment	arrives	at	the	address	indicated	on	the	payment	coupon	in	our	

processing	center	by	the	time	indicated	on	Your	Statement.	

If	Your	due	date	occurs	on	a	day	on	which	we	do	not	receive	payments,	any	payment	

received	the	next	day	which	conforms	to	the	above	requirements	will	not	be	treated	as	late.	

Please	allow	at	least	7	days	for	postal	delivery.	Unless	we	or	our	agents	specifically	instruct	

You	to	remit	payment	in	a	different	manner,	payments	received	at	any	other	location	or	in	

any	other	form	might	not	be	credited	for	up	to	5	days.	This	might	cause	You	to	be	charged	

late	payment	Fees	and	additional	Interest	Charges.	

Faster	Payment	Services.	

We	may	make	services	available	that	allow	You	to	make	faster	payments	through	a	

customer	service	representative	using	a	telephone,	the	internet,	or	other	payment	system.	

We	will	describe	the	terms	for	using	these	services	before	You	use	them.	You	do	not	have	to	

use	these	other	payment	services,	and	we	may	charge	You	a	Fee	for	using	them.	If	we	do,	

we	will	tell	You	the	amount	of	the	Fee	at	the	time	You	request	the	service.	We	are	not	

responsible	if	a	payment	made	using	our	payment	services	is	rejected	or	not	paid.	Even	if	it	

is,	we	may	still	keep	the	Fee.	If	You	give	Your	Account	number	or	other	Account	

information	to	someone	else	to	make	a	payment	for	You,	we	may	provide	them	limited	

Account	information	necessary	for	the	payment	and	process	their	payment	as	if	You	made	

it.	We	may	refuse	to	accept	any	payment	made	by	someone	else	for	Your	Account.	If	we	

 
 
	
	
accept	a	payment	made	by	someone	else	for	Your	Account,	You	will	be	responsible	for	the	

payment	made	even	if	that	payment	is	rejected	or	not	paid.	

Payment	Processing.	

We	may	accept	and	process	payments	without	losing	any	of	our	rights.	Even	if	we	credit	

Your	payment	to	Your	Account,	we	may	delay	the	availability	of	credit	until	we	confirm	that	

Your	payment	has	cleared.	We	may	resubmit	and	electronically	collect	returned	payments.	

We	may	also	adjust	Your	Account	as	necessary	to	correct	errors,	to	process	returned	and	

reversed	payments,	and	to	handle	similar	issues.	

When	You	provide	an	Item	as	payment,	You	authorize	us	either	to	use	information	from	

Your	Item	to	make	a	one-time	electronic	fund	transfer	from	Your	deposit	account	or	to	

process	the	payment	as	an	Item.	We	will	provide	additional	information	about	this	process	

on	Your	Statement	or	other	documents	we	send	You	before	Your	payment.	

When	You	provide	an	Item	as	payment,	it	might	also	be	converted	into	an	electronic	image	

and	collected	and	returned	electronically.	These	electronic	images	may	also	be	converted	

to	substitute	checks.	We	will	not	be	responsible	if	an	Item	You	provide	has	physical	

features	that	when	imaged	result	in	it	not	being	processed	as	You	intended.	

How	We	Apply	Your	Payments.	

We	apply	Your	payments	to	the	higher	Annual	Percentage	Rate	balances	before	the	lower	

ones.		In	all	cases,	we	will	apply	payments	and	credits	in	accordance	with	applicable	law.	

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.	

Items	with	Restrictive	Words,	Conditions,	or	Instructions.	

Our	acceptance	of	payments	labeled	“payment	in	full”	or	restrictive	words	to	that	or	any	

similar	effect,	will	not	constitute	an	accord	and	satisfaction	nor	a	waiver	of	any	rights	we	

have	to	receive	a	full	payment	on	all	balances	due.	

 
 
	
	
	
	
Credit	Balances.	

We	may	reject	and	return	to	You	any	payment	that	creates	a	credit	balance	on	Your	

Account.	Any	credit	balance	we	allow	will	not	be	available	until	we	confirm	that	Your	

payment	has	cleared.	We	may	reduce	the	amount	of	any	credit	balance	by	any	new	

amounts	billed	to	Your	Account.	You	may	contact	us	as	provided	on	Your	Statement	and	

request	a	refund	of	any	available	credit	balance.	If	You	contact	us	in	writing,	we	will	refund	

Your	credit	balance	within	7	Business	Days	from	our	receipt	of	Your	written	request.	

Account	Default.	

We	may	consider	You	in	default	of	Your	Agreement	with	us	if:	

•  You	do	not	make	any	payment	when	it	is	due;	

•  any	payment	You	make	is	rejected,	not	paid,	or	cannot	be	processed;	

•  You	exceed	a	credit	limit;	

•  a	bankruptcy	or	other	insolvency	proceeding	is	filed	by	or	against	You;	

•  You	die	or	are	legally	declared	incompetent	or	incapacitated;	

•  we	determine	that	You	made	a	false,	incomplete,	or	misleading	statement	on	any	of	

Your	Account	documentation	or	You	otherwise	try	to	defraud	us;	

•  You	do	not	comply	with	any	term	of	this	Agreement	or	any	other	agreement	with	us;	

or	

•  You	permanently	reside	outside	the	United	States.	

For	certain	actions,	including	changing	the	rates	and	Fees	on	Your	Account,	our	options	

appear	in	our	original	offer	materials	when	You	opened	Your	Account.	Remember,	paying	

the	Fees	charged	in	connection	with	a	default	will	not	by	itself	cure	the	default.	In	addition,	

if	You	are	in	default,	we	may	take	the	following	actions	without	notifying	You,	unless	the	

law	says	that	we	must	notify	You:	

• 

• 

• 

close	or	suspend	Your	Account;	

lower	Your	credit	limits;	

increase	Your	minimum	payment;	

•  demand	that	You	immediately	pay	the	entire	balances	owing	on	Your	Account;	

• 

continue	to	charge	You	Interest	Charges	and	Fees	as	long	as	Your	balances	remain	

outstanding;	and/or	

 
 
	
•  pursue	any	other	action	against	You	that	the	law	allows,	which	includes	the	filing	of	

a	lawsuit	against	You.	

You	must	pay	us	all	of	our	collection	expenses,	attorneys’	fees,	and	court	costs	unless	the	

law	does	not	allow	us	to	collect	these	amounts.	

Communications.	

We	and	our	service	providers	may	contact	You	from	time	to	time	regarding	Your	Account.	

We	may	contact	You	in	any	manner	we	choose	unless	the	law	says	that	we	cannot.	For	

example,	we	may:	

• 

contact	You	by	mail,	telephone,	email,	fax,	recorded	message,	text	message,	or	

• 

• 

• 

• 

• 

• 

• 

personal	visit;	

contact	You	using	an	automated	dialing	or	similar	device	(“Autodialer”);	

contact	You	at	Your	home	and	at	Your	place	of	employment;	

contact	You	by	social	media;	

contact	You	on	Your	mobile	telephone;	

contact	You	at	any	time,	including	weekends	and	holidays;	

contact	You	with	any	frequency;	

leave	prerecorded	and	other	messages	on	Your	answering	machine/service	and	

with	others;	and	

• 

identify	ourselves,	Your	relationship	with	us,	and	our	purpose	for	contacting	You	

even	if	others	might	hear	or	read	it.	

Our	contacts	with	You	about	Your	Account	are	not	unsolicited	and	might	result	from	

information	we	obtain	from	You	or	others.	We	may	monitor	or	record	any	conversation	or	

other	communication	with	You.	Unless	the	law	says	we	cannot,	we	may	modify	or	suppress	

caller	ID	and	similar	services	and	identify	ourselves	on	these	services	in	any	manner	we	

choose.	When	You	give	us	or	we	obtain	Your	mobile	telephone	number,	we	may	contact	

You	at	this	number	using	an	Autodialer	and	can	also	leave	prerecorded	and	other	

messages.	We	may	do	these	things	whether	we	contact	You	or	You	contact	us.		If	You	ask	us	

to	discuss	Your	Account	with	someone	else,	You	must	provide	us	with	documents	that	we	

ask	for	and	that	are	acceptable	to	us.	

 
 
	
	
Credit	Reports.	

We	may	provide	information	about	You	and	the	Account	to	consumer	(credit)	reporting	

agencies	and	others	as	provided	in	our	Privacy	Notices.	Information	we	provide	might	

appear	on	Your	credit	reports.	This	could	include	negative	information	if	You	do	not	

comply	with	the	terms	of	this	Agreement.	We	may	obtain	and	use	credit	and	income	

information	about	You	from	consumer	(credit)	reporting	agencies	and	others	as	the	law	

allows.	

Closing	or	Suspending	Your	Account.	

Arizona,	California,	Idaho,	Louisiana,	New	Mexico,	Nevada,	Texas,	Washington,	and	

Wisconsin	Residents:	Either	You	or	Your	spouse	may	ask	us	to	close	Your	Account	at	

any	time	by	calling	us		at	1-800-418-2362	or	by	calling	or	writing	us	as	described	on	

Your	Statement.	Your	Statement	will	provide	additional	information	about	this	process,	

and	we	may	also	separately	provide	You	with	additional	details	after	Your	request.	This	

might	include	payment	information.	

All	Cardholders:	You	may	ask	us	to	close	Your	Account	at	any	time	by	calling	us	at	1-800-

418-2362	or	by	calling	or	writing	to	us	as	described	on	Your	Statement.		Your	Statement	

will	provide	additional	information	about	this	process	and	we	may	also	separately	provide	

You	with	additional	details	after	Your	request.	This	might	include	payment	information.	

Termination	of	Your	Account	will	not	affect	Your	obligation	to	pay	the	Account	balance	plus	

any	finance	and	other	charges	You	or	Your	spouse	owe	under	this	Agreement.	Your	

obligation	to	pay	the	Account	balance	plus	any	finance	and	other	charges	You	owe	under	

this	Agreement	are	subject	to	all	applicable	laws	and	regulations	regarding	repayment	

requirements.	Any	physical	card	You	may	receive	in	the	future	remains	our	property	and	

You	must	recover	and	surrender	to	us	all	Cards	upon	request	or	upon	termination	of	this	

Agreement.	

If	You	use	Your	Card	or	charges	post	to	Your	Account	after	You	ask	us	to	close	it,	we	may	

keep	it	open	or	reopen	it.	

We	may	close	or	suspend	Your	Account	and	Your	right	to	obtain	credit	from	us.	We	may	do	

this	at	any	time	and	for	any	reason	permitted	by	law,	even	if	You	are	not	in	default	on	Your	

account	with	us.	A	suspension	of	Your	Account	might	be	permanent	or	temporary.	

 
 
	
If	Your	Account	is	closed	or	suspended	for	any	reason,	You	must	stop	using	Your	Card.	You	

must	also	cancel	all	billing	arrangements	to	the	Account.	We	will	not	do	this	for	You.	If	we	

close	or	permanently	suspend	Your	Account,	You	must	also	destroy	all	Cards.	You	must	still	

pay	us	all	amounts	You	owe	on	the	Account,	even	if	they	are	charged	after	Your	Account	is	

closed	or	suspended.	

Lost	or	Stolen	Card.	

You	will	take	reasonable	steps	to	prevent	the	unauthorized	use	of	Your	Card	and	Account.	If	

Your	Card	or	Card	Information	is	lost	or	stolen	or	if	someone	else	might	be	using	it	without	

Your	permission,	You	must	tell	us	at	once.	You	may	tell	us	by	calling	the	telephone	number	

in	the	App,	and	on	Your	Statement	or	by	writing	us	at	the	address	on	Your	Statement.	You	

will	not	be	responsible	for	charges	made	to	Your	Account	that	are	found	by	us	to	be	

unauthorized.	If	we	reimburse	Your	Account	for	unauthorized	charges	made	using	Your	

Card,	You	will	help	us	investigate,	pursue,	and	get	reimbursement	from	the	wrongdoer.	

Your	help	includes	giving	us	documents	that	we	ask	for	and	that	are	acceptable	to	us.	

Your	Representations	and	Warranties.			

By	accepting	this	Cardholder	Agreement,	and	by	activating,	using,	or	authorizing	the	use	

of	Your	Card,	You	represent	and	warrant	to	us	that:	(i)	You	are	at	least	18	years	of	age	

(or	that	You	have	reached	the	age	of	majority	if	You	reside	in	a	state	where	the	age	of	

majority	is	19	years	or	older);	(ii)	the	personal	information	that	You	provide	to	us	in	

connection	with	the	Card	is	true,	correct	and	complete;	(iii)	You	received	a	copy	of	this	

Cardholder	Agreement	and	agree	to	be	bound	by	and	comply	with	its	terms;	and	(iv)	

that	You	accept	the	Card.		

Changes	to	Your	Agreement.	

At	any	time,	we	may	add,	delete,	or	change	any	term	of	this	Agreement	unless	the	law	

prohibits	us	from	doing	so.	We	will	give	You	notice	of	any	changes	as	required	by	law.	If	we	

do	notify	You	of	changes,	we	will	send	You	a	separate	notice	or	inform	You	on	Your	

Statement.	We	may	send	this	notice	to	You	electronically	as	permitted	by	law.	Our	notice	

 
 
	
	
	
will	tell	You	when	and	how	the	changes	will	take	effect	and	describe	any	rights	You	have	in	

connection	with	the	changes.	

If	we	increase	Your	Fees	or	other	terms	of	Your	Account	we	will	notify	You	in	writing	and	

inform	You	of	Your	options	in	advance,	including	the	right	to	opt	out	of	some	of	these	

changes.	

If	Your	payment	is	not	received	within	60	days	after	the	payment	due	date,	we	may	

increase	Your	Interest	Charges	and	Fees	for	existing	balances	and	new	transactions	at	any	

time.	We	may	change	any	other	terms	of	Your	Account	at	any	time.	

The	Law	that	Applies	to	Your	Agreement.	

The	issuer	of	Your	Card	is	Celtic	Bank,	a	Utah-Chartered	Industrial	Bank,	Member	FDIC.	In	

accepting	a	Deserve	MasterCard,	You	agree	to	the	following	provisions:	(1)	This	Agreement	

(including	account	and	services	related	to	this	account)	will	be	interpreted	by	the	laws	of	

the	state	of	Utah.		This	means	that	the	laws	of	the	state	of	Utah	will	govern	any	dispute	

arising	from	or	relating	to	this	Agreement.	Federal	law	will	also	be	used	when	it	

applies.		(2)	You	waive	any	applicable	statute	of	limitations	as	the	law	allows.	Otherwise,	

the	applicable	statute	of	limitations	period	for	all	provisions	and	purposes	under	this	

Agreement	(including	the	right	to	collect	debt)	will	be	the	longer	period	provided	by	Utah	

law	or	the	law	in	the	jurisdiction	where	You	live.	(3)		Regarding	venue,	You	agree	to	submit	

to	the	jurisdiction	of	the	state	of	Utah	and	federal	courts	in	and	for	Salt	Lake	City	and	Salt	

Lake	County,	Utah.		This	means	that	any	dispute,	action	or	proceeding	relating	to	this	

Agreement	will	be	brought	in	the	Federal	District	Court	of	Utah	or	state	court	in	the	county	

of	Salt	Lake	City.	(4)	See	applicable	Arbitration	Provision	below.	

Accordingly,	it	is	important	that	You	read	the	provisions	of	this	section,	the	Arbitration	

Provision	below,	and	the	entire	Agreement	carefully.		If	any	part	of	this	Agreement	is	found	

to	be	unenforceable,	the	remaining	parts	will	remain	in	effect.	

WAIVER	OF	JURY	TRIAL	

Unless	prohibited	by	applicable	law,	if	You	sign	this	Agreement,	You	waive	Your	right	to	

have	a	jury	trial	to	resolve	any	claim	(defined	below	in	the	Arbitration	Provision)	You	may	

have	against	us,	our	service	providers,	our	respective	affiliates	or	a	related	third	party.	This	

 
 
	
	
Waiver	of	Jury	Trial	provision	does	not	apply	to	You	if,	at	the	time	of	entering	into	this	

Agreement,	You	are	a	resident	of	Arkansas	or	a	member	of	the	armed	forces	or	a	dependent	

of	such	a	member	covered	by	the	Federal	Military	Lending	Act.	

CLASS	ACTION	WAIVER	

Unless	prohibited	by	applicable	law,	if	You	sign	this	Agreement,	You	waive	Your	right	to	ask	

a	court	or	an	arbitrator	to	allow	You	to	pursue	any	Claims	on	a	class	action	basis	or	in	a	

representative	capacity	on	behalf	of	the	general	public,	other	borrowers	or	other	persons	

similarly	situated.		Furthermore,	Claims	brought	by	You	against	us	or	by	us	against	You	

may	not	be	joined	or	consolidated	with	claims	brought	by	or	against	someone	other	than	

You,	unless	otherwise	agreed	to	in	writing	by	all	parties.	For	purposes	of	this	Class	Action	

Waiver,	the	terms	“we,”	“us”	and	“our”	shall	also	include	Celtic	Bank	and	each	of	its	

employees,	directors,	officers,	shareholders,	governors,	managers,	members,	parent	

companies,	affiliated	entities,	successors	or	assignees	(including	but	not	limited	to	Deserve,	

Inc.),	the	servicer	of	Your	Card	and	any	third	party	who	is	named	as	a	co-defendant	with	us	

in	a	claim	asserted	by	You.	In	the	event	of	a	conflict	between	this	CLASS	ACTION	WAIVER	

provision	and	the	ARBITRATION	PROVISION,	the	ARBITRATION	PROVISION	shall	control.	

This	CLASS	ACTION	WAIVER	does	not	apply	to	You	if,	at	the	time	of	entering	into	this	

Agreement,	You	are	a	Covered	Borrower	under	the	Military	Lending	Act.	

ARBITRATION	PROVISION	

Arbitration	is	a	process	in	which	persons	with	a	dispute(s):	(a)	agree	to	submit	their	

dispute(s)	to	a	neutral	third	person	(an	"arbitrator")	for	a	decision;	and	(b)	waive	their	

rights	to	file	a	lawsuit	in	court	to	resolve	their	dispute(s).	Each	party	to	the	dispute(s)	has	

an	opportunity	to	present	some	evidence	to	the	arbitrator.	Pre-arbitration	discovery	may	

be	limited.	Arbitration	proceedings	are	private	and	less	formal	than	court	trials.	The	

arbitrator	will	issue	a	final	and	binding	decision	resolving	the	dispute(s),	which	may	be	

enforced	as	a	court	judgment.	A	court	rarely	overturns	an	arbitrator's	decision.	

THIS	ARBITRATION	PROVISION	APPLIES	UNLESS	(1)	YOU	HAVE	EXERCISED	OR	

EXERCISE	YOUR	RIGHT	TO	REJECT	ARBITRATION	OR	(2)	AS	OF	THE	DATE	OF	THIS	

 
 
	
	
	
AGREEMENT,	YOU	ARE	A	MEMBER	OF	THE	ARMED	FORCES	OR	A	DEPENDENT	OF	

SUCH	MEMBER	COVERED	BY	THE	FEDERAL	MILITARY	LENDING	ACT.	IF	YOU	WOULD	

LIKE	MORE	INFORMATION	ABOUT	WHETHER	YOU	ARE	COVERED	BY	THE	MILITARY	

LENDING	ACT,	IN	WHICH	CASE	THIS	ARBITRATION	PROVISION	DOES	NOT	APPLY	TO	

YOU,	PLEASE	CONTACT	US	AT	1-800-316-7258.	

READ	THIS	ARBITRATION	PROVISION	CAREFULLY	AS	IT	WILL	HAVE	A	SUBSTANTIAL	

IMPACT	ON	HOW	LEGAL	CLAIMS	YOU	AND	WE	HAVE	AGAINST	EACH	OTHER	ARE	

RESOLVED.	

YOU	HAVE	THE	RIGHT	TO	OPT-OUT	OF	(NOT	BE	BOUND	BY)	THIS	ARBITRATION	

PROVISION	AS	DESCRIBED	BELOW.	IF	YOU	DO	NOT	DO	SO:	

a.  YOU	ARE	WAIVING	YOUR	RIGHT	TO	HAVE	A	JURY	OR	A	COURT,	OTHER	

THAN	A	SMALL	CLAIMS	COURT	OR	SIMILAR	COURT	OF	LIMITED	

JURISDICTION,	RESOLVE	ANY	CLAIM	THAT	IS	SUBJECT	TO	

ARBITRATION;	and	

b.  YOU	ARE	WAIVING	YOUR	RIGHT	TO	SERVE	AS	A	REPRESENTATIVE,	AS	A	

PRIVATE	ATTORNEY	GENERAL,	OR	IN	ANY	OTHER	REPRESENTATIVE	

CAPACITY,	AND/OR	TO	PARTICIPATE	AS	A	MEMBER	OF	A	CLASS	OF	

CLAIMANTS,	IN	COURT	OR	IN	ARBITRATION	WITH	RESPECT	TO	ANY	

CLAIM	THAT	IS	SUBJECT	TO	ARBITRATION.	

THEREFORE,	YOU	ACKNOWLEDGE	AND	AGREE	AS	FOLLOWS:	

Interstate	Commerce	

This	Arbitration	Provision	is	made	pursuant	to	a	transaction	involving	interstate	commerce	

and	shall	be	governed	by	the	Federal	Arbitration	Act	(“FAA”),	9	U.S.C.	§	1	et	seq.,	and	not	by	

any	state	arbitration	law.	

Scope	

For	purposes	of	this	Arbitration	Provision,	the	word	“Claim”	has	the	broadest	possible	

meaning	and	includes,	without	limitation	(a)	all	federal	or	state	law	claims,	disputes	or	

 
 
	
	
	
	
controversies,	whether	preexisting,	present	or	future,	arising	from	or	relating	directly	or	

indirectly	to	this	Agreement,	the	relationship	between	You	and	us,	the	information	You	

gave	us	before	entering	into	this	Agreement,	including	Your	application,	and/or	any	past	

agreement	or	agreements	between	You	and	us,	any	loan	or	credit	product	or	related	

product	or	services	obtained	from	us	and	any	advice,	recommendations,	solicitations,	

communications,	disclosures,	promotions	or	advertisements	concerning	the	same;	(b)	all	

initial	claims,	counterclaims,	cross-claims	and	third-party	claims	and	claims	which	arose	

before	the	effective	date	of	this	Arbitration	Provision;	(c)	all	common	law	claims	based	

upon	contract,	tort,	fraud,	or	other	intentional	torts;	(d)	all	claims	based	upon	a	violation	of	

any	local,	state	or	federal	constitution,	statute,	ordinance	or	regulation,	including	without	

limitation	all	claims	alleging	unfair,	deceptive	or	unconscionable	trade	practices;	(e)	all	

claims	asserted	by	us	against	You,	including	claims	for	money	damages	to	collect	any	sum	

we	claim	You	owe	us;	(f)	all	claims	asserted	by	You	individually	against	us	and/or	any	of	

our	employees,	directors,	officers,	shareholders,	governors,	managers,	members,	parent	

company	or	affiliated	entities,	or	assignees	(including	but	not	limited	to	Deserve,	Inc.)	or	

against	the	servicer	of	Your	Card	(hereinafter	collectively	referred	to	as	"related	third	

parties"),	including	claims	for	money	damages,	restitution	and/or	equitable	or	injunctive	

relief;	(g)	claims	asserted	by	You	against	other	persons	and	entities	if	You	assert	a	Claim	

against	such	other	persons	and	entities	in	connection	with	a	Claim	You	assert	against	us	or	

related	third	parties;	and	(h)	all	data	breach	or	privacy	claims	arising	from	or	relating	

directly	or	indirectly	to	the	disclosure	by	us	or	related	third	parties	of	any	non-public	

personal	information	about	You.	Notwithstanding	the	foregoing,	the	word	“Claim”	does	not	

include	any	dispute	or	controversy	about	the	validity,	enforceability,	coverage	or	scope	of	

this	Arbitration	Provision	or	any	part	thereof	(including,	without	limitation,	the	provision	

titled	"Class	Action	Waiver"	set	forth	below,	subparts	A	and	B	of	the	provision	titled	

"Binding	Effect;	Survival;	Severability"	set	forth	below	and/or	this	sentence);	all	such	

disputes	or	controversies	are	for	a	court	and	not	an	arbitrator	to	decide.	However,	any	

dispute	or	controversy	that	concerns	the	validity	or	enforceability	of	the	Agreement	as	a	

whole	is	for	the	arbitrator,	not	a	court,	to	decide.	In	addition,	this	Arbitration	Provision	will	

not	apply	to	(1)	any	individual	action	brought	by	You	in	small	claims	court	or	Your	state’s	

equivalent	court,	unless	such	action	is	transferred,	removed,	or	appealed	to	a	different	

 
 
court;	or	(2)	any	disputes	that	are	the	subject	of	a	class	action	filed	in	court	that	is	pending	

as	of	the	effective	date	of	this	Arbitration	Provision	in	which	You	are	alleged	to	be	a	

member	of	the	putative	class	for	as	long	as	such	class	action	is	pending.	

Class	Action	Waiver	

Notwithstanding	any	other	provision	of	this	Arbitration	Provision,	if	either	You	or	

we	elect	to	arbitrate	a	Claim,	neither	You	nor	we	will	have	the	right:	(a)	to	participate	

in	a	class	action,	private	attorney	general	action	or	other	representative	action	in	

court	or	in	arbitration,	either	as	a	class	representative	or	class	member,	or	(b)	to	join	

or	consolidate	Claims	with	Claims	of	any	other	persons.	(Provided,	however,	that	the	

Class	Action	Waiver	does	not	apply	to	any	lawsuit	or	administrative	proceeding	filed	

against	us	by	a	state	or	federal	government	agency	even	when	such	agency	is	seeking	

relief	on	behalf	of	a	class	of	borrowers	including	You.	This	means	that	we	will	not	

have	the	right	to	compel	arbitration	of	any	claims	brought	by	such	an	agency).	An	

award	in	arbitration	shall	determine	the	rights	and	obligations	of	the	named	parties	

only,	and	only	with	respect	to	the	Claim(s)	in	arbitration,	and	shall	not	(i)	determine	

the	rights,	obligations,	or	interests	of	anyone	other	than	a	named	party,	or	resolve	

any	Claim	of	anyone	other	than	a	named	party;	nor	(ii)	make	an	award	for	the	benefit	

of,	or	against,	anyone	other	than	a	named	party.	No	arbitration	administrator	or	

arbitrator	shall	have	the	power	or	authority	to	waive,	modify,	or	fail	to	enforce	this	

section,	and	any	attempt	to	do	so,	whether	by	rule,	policy,	arbitration	decision	or	

otherwise,	shall	be	invalid	and	unenforceable.	Any	challenge	to	the	validity	of	this	

Class	Action	Waiver	shall	be	determined	exclusively	by	a	court	and	not	by	the	

administrator	or	any	arbitrator.	

Electing	Arbitration	

A	party	may	elect	arbitration	of	a	Claim	by	sending	the	other	party	written	notice	by	

certified	mail	return	receipt	requested	of	their	intent	to	arbitrate	and	setting	forth	the	

subject	of	the	dispute	along	with	the	relief	requested.	Your	notice	must	be	sent	to	Celtic	

Bank,	268	South	State	Street,	#300,	Salt	Lake	City,	Utah	84111,	and	our	notice	must	be	

sent	to	the	most	recent	address	for	You	in	our	files.	If	a	lawsuit	concerning	the	Claim	has	

 
 
	
	
been	filed,	such	notice	can	be	provided	by	papers	filed	in	the	lawsuit,	such	as	a	motion	to	

compel	arbitration.	

Administrator	

Regardless	of	who	demands	arbitration,	You	shall	have	the	right	to	select	either	of	the	

following	arbitration	organizations	to	administer	the	arbitration:	the	American	Arbitration	

Association,	120	Broadway,	Floor	21,	New	York,	NY	10271	(1-800-778-7879),	

http://www.adr.org;	or	JAMS,	8401	N.	Central	Expressway,	Suite	610,	Dallas,	TX	75225	(1-

800-352-5267),	http://jamsadr.com.	However,	the	parties	may	agree	to	a	local	arbitrator	

who	is	an	attorney,	retired	judge,	or	arbitrator	registered	and	in	good	standing	with	a	bona	

fide	arbitration	association	and	arbitrate	pursuant	to	the	arbitrator’s	rules.	If	the	AAA	and	

JAMS	are	unable	or	unwilling	to	serve	as	administrator,	or	the	parties	are	unable	to	agree	

upon	another	administrator,	a	court	with	jurisdiction	shall	determine	the	administrator	or	

arbitrator.	The	arbitration	hearing	will	take	place	at	a	location	reasonably	convenient	to	

where	You	reside.	

If	You	demand	arbitration,	You	must	inform	us	in	Your	demand	of	the	arbitration	

organization	You	have	selected	or	whether	You	desire	to	select	a	local	arbitrator.	If	related	

third	parties	or	we	demand	arbitration,	You	must	notify	us	within	20	days	in	writing	by	

certified	mail,	return	receipt	requested,	of	Your	decision	to	select	an	arbitration	

organization	or	Your	desire	to	select	a	local	arbitrator.	Your	notice	must	be	sent	to	Celtic	

Bank,	268	South	State	Street,	#300,	Salt	Lake	City,	Utah	84111.	If	You	fail	to	notify	us,	

then	we	have	the	right	to	select	an	arbitration	organization.	The	arbitration	will	be	

governed	by	the	rules	and	procedures	of	this	arbitration	organization	applicable	to	

individual	consumer	disputes.	You	may	get	a	copy	of	the	rules	and	procedures	by	

contacting	the	arbitration	organization	listed	above.	In	an	event	of	a	conflict	between	the	

provisions	of	the	Arbitration	Provision,	on	the	one	hand,	and	any	applicable	rules	of	the	

AAA	or	JAMS	or	other	administrator	used	or	any	other	terms	of	this	Agreement,	on	the	

other	hand,	the	provisions	of	this	Arbitration	Provision	shall	control.	If	a	party	files	a	

lawsuit	in	court	asserting	Claim(s)	that	are	subject	to	arbitration	and	the	other	party	files	a	

motion	to	compel	arbitration	with	the	court	which	is	granted,	it	will	be	the	responsibility	of	

 
 
	
	
the	party	prosecuting	the	Claim(s)	to	select	an	arbitration	administrator	in	accordance	

with	this	paragraph	and	commence	the	arbitration	proceeding	in	accordance	with	the	

administrator’s	rules	and	procedures.	

Non-Waiver	

Even	if	all	parties	have	opted	to	litigate	a	Claim	in	court,	You	or	we	may	elect	arbitration	

with	respect	to	any	Claim	made	by	a	new	party	or	any	Claim	later	asserted	by	a	party	in	

that	or	any	related	or	unrelated	lawsuit	(including	a	Claim	initially	asserted	on	an	

individual	basis	but	modified	to	be	asserted	on	a	class,	representative	or	multi-party	basis).	

Nothing	in	that	litigation	shall	constitute	a	waiver	of	any	rights	under	this	Arbitration	

Provision.	For	example,	if	we	file	a	lawsuit	against	You	in	court	to	recover	amounts	due	

under	the	Agreement,	You	have	the	right	to	request	arbitration,	but	if	You	do	not	elect	to	

request	arbitration,	we	reserve	and	do	not	waive	the	right	to	request	arbitration	of	any	

Claim	(including	any	counterclaim)	You	later	assert	against	us	in	that	or	any	related	or	

unrelated	lawsuit.	This	Arbitration	Provision	will	apply	to	all	Claims,	even	if	the	facts	and	

circumstances	giving	rise	to	the	Claims	existed	before	the	effective	date	of	this	Arbitration	

Provision.	

Arbitrator	and	Award	

Any	arbitrator	must	be	a	practicing	attorney	with	ten	or	more	years	of	experience	or	a	

retired	judge.	The	arbitrator	will	not	be	bound	by	judicial	rules	of	procedure	or	evidence	

that	would	apply	in	a	court,	nor	by	state	or	local	laws	that	relate	to	arbitration	proceedings.	

The	arbitrator	will	apply	the	same	statutes	of	limitations	and	privileges	that	a	court	would	

apply	if	the	matter	were	pending	in	court.	The	arbitrator	may	decide,	with	or	without	a	

hearing,	any	motion	that	is	substantially	similar	to	a	motion	to	dismiss	for	failure	to	state	a	

claim	or	a	motion	for	summary	judgment.	In	determining	liability	or	awarding	damages	or	

other	relief,	the	arbitrator	will	follow	the	applicable	substantive	law,	consistent	with	the	

FAA,	which	would	apply	if	the	matter	had	been	brought	in	court.	The	arbitrator	may	award	

any	damages	or	other	relief	or	remedies	that	would	apply	under	applicable	law	to	an	

individual	action	brought	in	court,	including,	without	limitation,	punitive	damages	(which	

shall	be	governed	by	the	Constitutional	standards	employed	by	the	courts)	and	injunctive,	

 
 
	
	
equitable	and	declaratory	relief	(but	only	in	favor	of	the	individual	party	seeking	relief	and	

only	to	the	extent	necessary	to	provide	relief	warranted	by	that	party’s	individual	claim).	

No	arbitration	award	involving	the	parties	will	have	any	preclusive	effect	as	to	issues	or	

claims	in	any	dispute	involving	anyone	who	is	not	a	party	to	the	arbitration,	nor	will	an	

arbitration	award	in	prior	disputes	involving	other	parties	have	preclusive	effect	in	an	

arbitration	between	the	parties	to	this	Arbitration	Provision.	

Fees	and	Costs	

At	Your	written	request,	we	will	pay	all	filing,	hearing	and/or	other	fees	charged	by	the	

administrator	and	arbitrator	to	You	for	Claim(s)	asserted	by	You	in	an	individual	

arbitration	after	You	have	paid	an	amount	equivalent	to	the	fee,	if	any,	for	filing	such	

Claim(s)	in	state	or	federal	court	(whichever	is	less)	in	the	judicial	district	in	which	You	

reside.	(If	You	have	already	paid	a	filing	fee	for	asserting	the	Claim(s)	in	court,	You	will	not	

be	required	to	pay	that	amount	again).	We	will	not	seek	reimbursement	of	such	fees	from	

You	even	if	we	prevail	in	the	arbitration.	In	addition,	the	administrator	may	have	a	

procedure	whereby	You	can	seek	a	waiver	of	fees	charged	to	You	by	the	administrator	and	

arbitrator.	We	will	always	pay	any	fees	or	expenses	that	we	are	required	to	pay	by	law	or	

the	administrator’s	rules	or	that	we	are	required	to	pay	for	this	Arbitration	Provision	to	be	

enforced.	The	arbitrator	will	have	the	authority	to	award	fees	and	costs	of	attorneys,	

witnesses	and	experts	to	the	extent	permitted	by	this	Agreement,	the	administrator’s	rules	

or	applicable	law.	With	respect	to	Claim(s)	asserted	by	You	in	an	individual	arbitration,	we	

will	pay	Your	reasonable	attorney,	witness	and	expert	fees	and	costs	if	and	to	the	extent	

You	prevail,	if	applicable	law	requires	us	to	or	if	we	must	bear	such	fees	and	costs	in	order	

for	this	Arbitration	Provision	to	be	enforced.	At	the	timely	request	of	either	party,	the	

arbitrator	shall	write	a	brief	explanation	of	the	grounds	for	the	decision.	

Appeal	

The	arbitrator’s	award	shall	be	final	and	binding	on	all	parties,	except	for	any	right	of	

appeal	provided	by	the	FAA.	However,	if	the	amount	in	controversy	exceeds	$50,000,	and	if	

permitted	by	the	Administrator’s	rules,	You	or	we	can,	within	14	days	after	the	entry	of	the	

award	by	the	arbitrator,	appeal	the	award	to	a	three-arbitrator	panel	administered	by	the	

 
 
	
	
Administrator.	The	panel	shall	reconsider	anew	any	aspect	of	the	initial	award	requested	

by	the	appealing	party.	The	decision	of	the	panel	shall	be	by	majority	vote.	Reference	in	this	

Arbitration	Provision	to	“the	arbitrator”	shall	mean	the	panel	if	an	appeal	of	the	arbitrator’s	

decision	has	been	taken.	The	costs	of	such	an	appeal	will	be	borne	in	accordance	with	the	

paragraph	above	titled	“Fees	and	Costs.”	Any	final	decision	of	the	appeal	is	subject	to	

judicial	review	only	as	provided	under	the	FAA.	A	judgment	on	the	award	may	be	entered	

by	any	court	having	jurisdiction.	

Notice	and	Cure;	Special	Payment	

Prior	to	initiating	a	Claim,	You	may	send	us	a	written	Claim	Notice.	In	order	for	a	Claim	

Notice	to	be	valid	and	effective,	it	must:	(a)	state	Your	name,	address	and	Account	number;	

(b)	be	signed	by	You;	(c)	describe	the	basis	of	Your	Claim	and	the	amount	You	would	accept	

to	resolve	the	Claim;	(d)	state	that	You	are	exercising	Your	rights	under	the	“Notice	and	

Cure”	paragraph	of	the	Arbitration	Provision;	and	(e)	be	sent	to	us	by	certified	mail,	return	

receipt	requested,	at	Celtic	Bank,	Attn:	General	Counsel,	268	South	State	Street,	#300,	

Salt	Lake	City,	Utah	84111.	This	is	the	sole	and	only	method	by	which	You	can	submit	a	

Claim	Notice.	Upon	receipt	of	a	Claim	Notice,	we	will	credit	You	for	the	standard	cost	of	a	

certified	letter.	You	must	give	us	a	reasonable	opportunity,	not	less	than	30	days,	to	resolve	

the	Claim.	If,	and	only	if,	(i)	You	submit	a	Claim	Notice	in	accordance	with	this	paragraph	on	

Your	own	behalf	(and	not	on	behalf	of	any	other	party);	(ii)	You	cooperate	with	us	by	

promptly	providing	the	information	we	reasonably	request;	(iii)	we	refuse	to	provide	You	

with	the	relief	You	request	before	an	arbitrator	is	appointed;	and	(iv)	the	matter	then	

proceeds	to	arbitration	and	the	arbitrator	subsequently	determines	that	You	were	entitled	

to	such	relief	(or	greater	relief),	You	will	be	entitled	to	a	minimum	award	of	at	least	$7,500	

(not	including	any	arbitration	fees	and	attorneys’	fees	and	costs	to	which	You	will	also	be	

entitled).	We	encourage	You	to	address	all	Claims	You	have	in	a	single	Claim	Notice	and/or	

a	single	arbitration.	Accordingly,	this	$7,500	minimum	award	is	a	single	award	that	applies	

to	all	Claims	You	have	asserted	or	could	have	asserted	in	the	arbitration,	and	multiple	

awards	of	$7,500	are	not	contemplated.	

 
 
	
	
	
Binding	Effect;	Survival;	Severability	

This	Arbitration	Provision	is	binding	upon	and	benefits	You,	Your	respective	heirs,	

successors	and	assigns.	The	Arbitration	Provision	is	binding	upon	and	benefits	us,	our	

successors	and	assigns,	and	related	third	parties.	The	Arbitration	Provision	shall	survive	

any	bankruptcy	to	the	extent	consistent	with	applicable	bankruptcy	law.	The	Arbitration	

Provision	survives	any	termination,	amendment,	expiration	or	performance	of	this	

Agreement	and	any	transaction	between	You	and	us	and	continues	in	full	force	and	effect	

unless	You	and	we	otherwise	agree	in	writing.	If	any	part	of	this	Arbitration	Provision	is	

deemed	or	found	to	be	unenforceable	for	any	reason,	the	remainder	shall	be	enforceable,	

except	as	follows:	

a.  The	parties	to	this	Arbitration	Provision	acknowledge	that	the	provision	titled	

"Class	Action	Waiver"	is	material	and	essential	to	the	arbitration	of	any	disputes	

between	the	parties	and	is	non-severable	from	this	Arbitration	Provision.	If	the	

Class	Action	Waiver	is	limited,	voided	or	found	unenforceable,	then	the	parties'	

Arbitration	Provision	(except	for	this	sentence)	shall	be	null	and	void	with	respect	

to	such	proceeding,	subject	to	the	right	to	appeal	the	limitation	or	invalidation	of	the	

Class	Action	Waiver.	The	parties	acknowledge	and	agree	that	under	no	

circumstances	will	a	class	action	be	arbitrated.	

b.  If	a	Claim	is	brought	seeking	public	injunctive	relief	and	a	court	determines	that	the	

restrictions	in	the	provision	titled	"Class	Action	Waiver"	prohibiting	the	arbitrator	

from	awarding	relief	on	behalf	of	third	parties	are	unenforceable	with	respect	to	

such	Claim	(and	that	determination	becomes	final	after	all	appeals	have	been	

exhausted),	the	Claim	for	public	injunctive	relief	will	be	determined	in	court	and	any	

individual	Claims	seeking	monetary	relief	will	be	arbitrated.	In	such	a	case	the	

parties	will	request	that	the	court	stay	the	Claim	for	public	injunctive	relief	until	the	

arbitration	award	pertaining	to	individual	relief	has	been	entered	in	court.	In	no	

event	will	a	Claim	for	public	injunctive	relief	be	arbitrated.	

Opt-Out	Process	

You	may	choose	to	opt	out	of	this	Arbitration	Provision	but	only	by	following	the	process	

set	forth	below.	If	You	do	not	wish	to	be	subject	to	this	Arbitration	Provision,	then	You	

 
 
	
must	notify	us	in	writing	postmarked	within	sixty	(60)	calendar	days	of	the	date	of	this	

Agreement	at	the	following	address:	Celtic	Bank,	268	South	State	Street,	#300,	Salt	Lake	

City,	Utah	84111.	Your	notice	must	be	sent	to	us	by	certified	mail,	return	receipt	

requested.	Upon	receipt	of	an	Opt-Out	Notice,	we	will	credit	You	for	the	standard	cost	of	a	

certified	letter.	Your	Opt-Out	Notice	must	include	Your	name,	address,	Social	Security	

number,	the	date	of	this	Agreement,	a	statement	that	You	wish	to	opt	out	of	the	Arbitration	

Provision	and	must	not	be	sent	with	any	other	correspondence.	Indicating	Your	desire	to	

opt	out	of	this	Arbitration	Provision	will	not	affect	Your	other	rights	or	responsibilities	

under	this	Agreement	and	applies	only	to	this	Arbitration	Provision	between	You	and	us.	

Military	Lending	Act	Disclosure.	

Federal	law	provides	important	protections	to	members	of	the	Armed	Forces	and	their	

dependents	relating	to	extensions	of	consumer	credit.	In	general,	the	cost	of	consumer	

credit	to	a	member	of	the	Armed	Forces	and	his	or	her	dependent	may	not	exceed	an	

annual	percentage	rate	of	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-

800-316-7258.	

Waiver.	

We,	our	agents,	assigns,	successors,	service	providers,	and	the	respective	affiliates	will	not		

lose	any	of	our	rights	if	we	delay	taking	any	action	for	any	reason	or	if	we	do	not	notify	You.	

For	example,	we	may	waive	Your	Interest	Charges	or	Fees	without	notifying	You	and	

without	losing	our	right	to	charge	them	in	the	future.	We	may	always	enforce	our	rights	

later	and	may	take	other	actions	not	listed	in	this	Agreement	if	the	law	allows	them.	You	do	

not	have	to	receive	notice	from	us	of	any	waiver,	delay,	demand	or	dishonor.	We	may	

proceed	against	You	before	proceeding	against	someone	else.		

 
 
	
	
	
Assignment.	

This	Agreement	will	be	binding	on,	and	benefit,	any	of	Your	and	our	successors	and	assigns.	

You	may	not	transfer	Your	Account	or	Your	Agreement	to	someone	else	without	our	

written	permission.	

We	may	transfer	Your	Account	and	this	Agreement	to	another	company	or	person	without	

Your	permission	and	without	prior	notice	to	You.	They	will	take	our	place	under	this	

Agreement.	You	must	pay	them	and	perform	all	of	Your	obligations	to	them	and	not	us.	If	

You	pay	us	after	You	are	informed	or	learn	that	we	have	transferred	Your	Account	or	this	

Agreement,	we	can	handle	Your	payment	in	any	way	we	think	is	reasonable.	

This	includes	returning	the	payment	to	You	or	forwarding	the	payment	to	the	other	

company	or	person.		

We	reserve	the	right	to	use	third	party	service	providers	to	perform	any	activity	we	are	

permitted	or	obligated	to	perform	under	this	Cardholder	Agreement,	to	the	extent	

permitted	by	applicable	law.	

Cash	Back.	

The	Deserve	Card	Cash	Back	Program	

●  With	The	Deserve	Card,	You	will	earn	cash	rewards,	in	the	form	of	statement	credits	

by	using	Your	card	for	purchases.	You	will	not	earn	cash	rewards	on	ATM	

withdrawals,	cash	advances	or	balance	transfers	(ATM	withdrawals,	cash	advances,	

and	balance	transfers	are	not	available).	The	following	types	of	transactions	won’t	

count	and	won’t	earn	points:	purchase	of	travelers	checks,	foreign	currency,	money	

orders,	wire	transfers	or	similar	cash-like	transactions,	lottery	tickets,	casino	

gaming	chips,	race	track	wagers	or	similar	betting	transactions,	any	checks	that	

access	Your	account,	interest,	unauthorized	or	fraudulent	charges,	interest,	and	fees	

of	any	kind,	including	an	annual	fee,	if	applicable.	

●  There	are	three	tiers	of	cash	rewards	You	will	earn	based	on	the	amount	You	spend	

using	The	Deserve	Card	within	each	billing	period.		At	end	of	each	billing	period,	

Your	cash	back	will	be	calculated	by	multiplying	the	total	amount	You	spent	(minus	

any	returns,	account	fees,	and	interest	charges)	within		each	cycle.	

 
 
	
○  1.0%	cash	back.		You	will	earn	1.0%	(one	percent)	cash	back	on	all	

purchases	up	to	$500.	At	the	end	of	each	billing	period,	Your	cash	back	will	

be	calculated	by	multiplying	the	total	amount	You	spent	(minus	any	returns,	

account	fees,	and	interest	charges)	by	1%	(.01).			

○  1.25%	cash	back.	Once	the	$500	per	billing	cycle	limit	is	exceeded	in	any	

billing	period	You	will	earn	1.25%	cash	back	on	all	purchases.		At	the	end	of	

each	billing	period,	Your	cash	back	will	be	calculated	by	multiplying	the	total	

amount	You	spent	(minus	any	returns,	account	fees,	and	interest	charges)	by	

1.25%	(.0125).			

○  1.5%	cash	back.		Once	the	$1,000	per	billing	cycle	limit	is	exceeded	in	any	

billing	period	You	will	earn	1.5%	cash	back	on	all	purchases.	At	the	end	of	

each	billing	period,	Your	cash	back	will	be	calculated	by	multiplying	the	total	

amount	You	spent	(minus	any	returns,	account	fees,	and	interest	charges)	by	

1.5%	(.015).	

●  From	time	to	time,	You	may	receive	promotional	offers	which	allow	for	additional	

cash	back.	These	offers	will	not	be	available	if	Your	account	is	closed	or	delinquent	

on	the	date	we	determine	whether	You	have	met	the	terms	of	the	offer.	

●  Purchases	do	not	include	items	returned	for	credit,	and	interest	and	account	fees.	

Redeeming	Cash	Back	

●  You	control	the	amount	of	cash	back	You	wish	to	redeem.		

●  Cash	back	redemptions	are	applied	as	statement	credits	against	the	balance	on	The	

Deserve	Card.		

●  Cash	back	redemptions	cannot	exceed	Your	card	balance.	For	example,	if	You	have		

$27	in	accrued	cash	back	and	The	Deserve	Card	balance	at	the	end	of	the	cycle	is	

$15,	You	are	able	to	get	a	statement	credit	of	$15	for	the	cycle.		The	remaining	$12	

will	be	held	over	for	use	in	a	future	period.	

●  Redemption	is	not	available	if	the	account	is	closed,	delinquent	or	over	limit.	In	the	

event	of	a	lost	or	stolen	card,	or	we	issue	a	new	account	number,	we	will	transfer	

Your	cash	back	to	the	new	account.	If	the	account	does	not	qualify	for	redemption,	

redeemable	balances	will	be	re-evaluated	in	the	next	distribution	period.	

 
 
	
●  Cash	back	rewards	have	no	expiration	while	the	account	is	open	and	this	program	

remains	in	effect.	

Value	of	Cash	Rewards	

Cash	rewards	have	no	cash	value	until	eligible	cash	rewards	are	redeemed	as	a	statement	

credit.	You	may	not	assign,	transfer,	or	pledge	Your	cash	rewards.	You	have	no	property	

rights	or	other	legal	interest	in	cash	rewards.			

Deserve	retains	the	right	to	add,	modify	or	delete	any	benefit,	service,	or	feature	of	Your	

Account	at	our	discretion.		We	may	change	the	terms	of	The	Deserve	Card	Cash	Back	

Program	at	our	discretion.			

Glossary.	

Account	means	Your	Card	Account	with	us.	

Annual	Percentage	Rate,	or	APR,	is	the	percentage	You	are	charged	annually	for	the	debt	

that	You	accrue.	

App	or	Mobile	App	means	the	Deserve	software	application	downloaded	by	a	user	to	a	

mobile	device	that	allows	access	to	the	card	and	card	servicing.	

Billing	Cycle	means	a	period	of	time	that	might	vary	in	length	but	is	approximately	30	

days.	The	specific	period	of	time	is	described	on	each	Statement.	However,	You	will	have	a	

Billing	Cycle	even	if	a	Statement	is	not	required.	

We	will	often	specify	a	Billing	Cycle	by	the	month	in	which	its	closing	date	occurs	as	

provided	on	the	Statement.	For	example,	a	“March	Billing	Cycle”	will	have	a	closing	date	in	

March.	We	may	also	refer	to	a	Billing	Cycle	as	a	“Billing	Period.”	If	Your	Account	balance	has	

charged	off,	we	may	switch	to	quarterly	Billing	Cycles	to	Your	Account.	

Business	Day	means	any	day	our	offices	are	open	for	the	processing	of	payments	and	

credits.	

Card	means	any	physical,	digital,	or	virtual	card	or	other	means	to	access	an	Account.	It	

also	means	any	other	access	device,	such	as	a	physical	card,	we	give	You	that	allows	You	to	

obtain	credit.	

 
 
		
	
	
	
Credit	means	an	accounting	entry	that	decreases	a	liability;	in	this	case,	Your	outstanding	

balance	with	Deserve.	

Credit	Limit	means	the	amount	of	credit	extended	to	You.	

Daily	Periodic	Rate,	is	calculated	at	1/365	of	Your	APR.	

Fees	means	conditional	charges	imposed	on	Your	Account	that	are	not	based	on	the	Annual	

Percentage	Rates.	

Interest	Charges	means	any	charges	to	Your	Account	based	on	the	application	of	Annual	

Percentage	Rates.	

Item	means	a	check,	draft,	money	order,	or	other	negotiable	instrument	You	use	to	pay	

Your	Account.	This	includes	any	image	of	these	instruments.	

Payment	Card	Network	means	MasterCard	International	Incorporated,	or	any	other	

network	provider	displayed	on	the	Card.	

Segments	means	the	different	parts	of	Your	Account	we	may	establish	that	are	subject	to	

unique	pricing,	grace	periods,	or	other	terms.	We	create	these	parts	of	Your	Account	for	

such	things	as	Your	purchases	and	Special	Transfers.	

Special	Transfer	means	a	Transfer	posted	to	the	Special	Transfer	Segment	of	Your	

Account	and	not	to	Your	purchase	Segment.	

Statement	means	a	document	or	information	we	provide	to	You	showing	Account	

information	including,	among	other	things,	transactions	made	to	Your	Account	during	a	

Billing	Cycle.	We	might	also	refer	to	Your	Statement	as	a	“Periodic	Statement”	or	a	“Billing	

Statement.”	

Transfers	means	balances	transferred	from	other	Accounts	to	this	Account	and	includes	

Balance	Transfers	and	Special	Transfers.	

Truth	in	Lending	Disclosure	means	any	Account	information	we	provide	to	You	that	is	

required	by	the	federal	Truth	in	Lending	Act	and	Regulation	Z.	These	include	Your	

application	and	solicitation	disclosures,	Account	opening	disclosures,	subsequent	

disclosures,	Statements,	and	change	in	terms	notices.	

 
 
	
	
	
	
YOUR	BILLING	RIGHTS	

YOUR	BILLING	RIGHTS:	KEEP	THIS	DOCUMENT	FOR	FUTURE	USE	

This	notice	tells	You	about	Your	rights	and	our	responsibilities	under	the	Fair	Credit	Billing	

Act.	

WHAT	TO	DO	IF	YOU	FIND	A	MISTAKE	ON	YOUR	STATEMENT	

If	You	think	there	is	an	error	on	Your	statement,	write	to	us	at:	

Deserve,	Inc.	
PO	Box	57780	
Murray,	UT		84157-0780	

In	Your	correspondence,	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	bill,	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	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	bill	is	correct.	

While	we	investigate	whether	or	not	there	has	been	an	error:	

 
 
	
	
	
•  We	cannot	try	to	collect	the	amount	in	question,	or	report	You	as	delinquent	on	that	

amount.	

•  The	charge	in	question	may	remain	on	Your	statement,	and	we	may	continue	to	

charge	You	interest	on	that	amount.	

•  While	You	do	not	have	to	pay	the	amount	in	question,	You	are	responsible	for	the	

remainder	of	Your	balance.	

•  We	can	apply	any	unpaid	amount	against	Your	credit	limit.	

After	we	finish	our	investigation,	one	of	two	things	will	happen:	

• 

If	we	made	a	mistake:	You	will	not	have	to	pay	the	amount	in	question	or	any	

interest	or	other	fees	related	to	that	amount.	

• 

If	we	do	not	believe	there	was	a	mistake:	You	will	have	to	pay	the	amount	in	

question,	along	with	applicable	interest	and	fees.	We	will	send	You	a	statement	of	

the	amount	You	owe	and	the	date	payment	is	due.	We	may	then	report	You	as	

delinquent	if	You	do	not	pay	the	amount	we	think	You	owe.	

If	You	receive	our	explanation	but	still	believe	Your	bill	is	wrong,	You	must	write	to	us	

within	10	days	telling	us	that	You	still	refuse	to	pay.	If	You	do	so,	we	cannot	report	You	as	

delinquent	without	also	reporting	that	You	are	questioning	Your	bill.	We	must	tell	You	the	

name	of	anyone	to	whom	we	reported	You	as	delinquent,	and	we	must	let	those	

organizations	know	when	the	matter	has	been	settled	between	us.	

If	we	do	not	follow	all	of	the	rules	above,	You	do	not	have	to	pay	the	first	$50	of	the	amount	

You	question	even	if	Your	bill	is	correct.	

YOUR	RIGHTS	IF	YOU	ARE	DISSATISFIED	WITH	YOUR	CREDIT	CARD	PURCHASES	

If	You	are	dissatisfied	with	the	goods	or	services	that	You	have	purchased	with	Your	credit	

card	and	You	have	tried	in	good	faith	to	correct	the	problem	with	the	merchant,	You	may	

have	the	right	not	to	pay	the	remaining	amount	due	on	the	purchase.	

To	exert	this	right,	all	of	the	following	must	be	true:	

•  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.)	

•  You	must	have	used	Your	credit	card	for	the	purchase.	Purchases	made	with	cash	

advances	from	an	ATM	or	with	a	check	that	accesses	Your		credit	card	account	do	

not	qualify.		Deserve	does	not	offer	cash	advances,	ATM	access,	or	credit	card	access	

checks.	

•  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:	

Deserve,	Inc.	
PO	Box	57780	
Murray,	UT		84157-0780	

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.	

ADDITIONAL	DISCLOSURES		

California	Residents.	If	You	are	married,	You	may	apply	for	a	separate	account	in	Your	

own	name.	As	required	by	law,	You	are	hereby	notified	that	a	negative	credit	reporting	

reflecting	on	Your	credit	record	may	be	submitted	to	a	credit	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	credit	card	account	up	to	the	limit	of	the	account.		

Delaware	Residents.	Charges	not	in	excess	of	those	permitted	by	law	will	be	charged	on	

the	outstanding	balances	from	month	to	month.	

Iowa	Residents.	IMPORTANT:	READ	BEFORE	SIGNING.	The	terms	of	this	Cardholder	

Agreement	should	be	read	carefully	because	only	those	terms	in	writing	are	enforceable.	

No	other	terms	or	oral	promises	not	contained	in	this	written	Cardholder	Agreement	may	

be	legally	enforced.	You	may	change	the	terms	of	this	Cardholder	Agreement	only	by	

another	written	agreement.	

Kentucky	Residents.	You	may	pay	the	unpaid	balance	of	Your	account	in	whole	or	in	part	

at	any	time.		

 
 
	
 
Maryland	Residents.	Finance	charges	will	be	imposed	on	the	credit	account	in	amounts	

or	at	rates	not	in	excess	of	those	permitted	by	law.	

Massachusetts	Residents.	Massachusetts	law	prohibits	discrimination	on	the	basis	of	

race,	color,	religious	creed,	national	origin,	sex,	gender	identity,	marital	status,	or	sexual	

orientation.		

New	Hampshire	Residents.	If	You	prevail	in	any	action,	suit	or	proceeding	we	bring	or	in	

an	action	You	bring	in	connection	with	this	Cardholder	Agreement,	reasonable	attorneys’	

fees	shall	be	awarded	to	You.	If	You	successfully	assert	a	pertinent	defense,	set	off,	

recoupment	or	counterclaim	to	an	action	brought	by	us,	the	court	may	withhold	from	us	

the	entire	amount	or	such	portion	of	the	attorneys’	fees	as	the	court	deems	appropriate.	

New	Jersey	Residents.	(1)	The	section	headings	of	this	Cardholder	Agreement	are	a	table	

of	contents	and	not	contract	terms.	(2)	You	agree	to	pay	our	reasonable	attorney's	fees,	up	

to	20%	of	outstanding	principal	and	interest,	paid	in	the	collection	of	this	account	to	an	

attorney	who	is	not	our	employee.	(3)	Provisions	of	this	Cardholder	Agreement	that	refer	

to	acts	or	practices	that	apply	as	permitted	by,	or	except	as	prohibited	by,	applicable	law	

are	applicable	to	New	Jersey	residents	only	to	the	extent	that	such	acts	or	practices	are	

permitted	by	New	Jersey	or	Federal	law.	

Ohio	Residents.	The	Ohio	laws	against	discrimination	require	that	all	creditors	make	

credit	equally	available	to	all	credit	worthy	customers,	and	that	credit	reporting	agencies	

maintain	separate	credit	histories	on	each	individual	upon	request.	The	Ohio	Civil	Rights	

Commission	administers	compliance	with	this	law.	

Utah	Residents:	As	required	by	Utah	law,	You	are	hereby	notified	that	a	negative	credit	

report	reflecting	on	Your	credit	record	may	be	submitted	to	a	credit	reporting	agency	if	

You	fail	to	fulfill	the	terms	of	Your	credit	obligations.	

Vermont,	Rhode	Island	and	New	York	Residents:	You	understand	and	agree	that	we	may	

obtain	a	consumer	credit	report	in	connection	with	any	updates,	renewals	or	extensions	of	

any	 credit	 as	 a	 result	 of	 Your	 application	 and	 card	 membership.	 	 If	 You	 ask,	 You	 will	 be	

informed	whether	or	not	such	a	report	was	obtained	and,	if	so,	the	name	and	address	of	the	

agency	 that	 furnished	 the	 report.	 You	 also	 understand	 and	 agree	 that	 we	 may	 obtain	 a	

consumer	credit	report	in	connection	with	the	review	or	collection	of	any	extension	of	credit	

made	to	You	or	for	other	legitimate	purposes	related	to	such	extension	of	credit.	

 
 
Married	Wisconsin	Residents:	If	You	are	married:	(i)	You	confirm	that	this	Account	is	

being	incurred	in	the	interest	of	Your	marriage	or	family;	(ii)	no	provision	of	any	marital	

property	agreement,	unilateral	agreement,	or	court	decree	under	the	Wisconsin	Marital	

Property	Act	will	adversely	affect	a	creditor's	interest	unless,	before	the	time	credit	is	

granted,	the	creditor	is	furnished	a	copy	of	that	agreement	or	decree	or	has	actual	

knowledge	of	the	adverse	provision	when	the	obligation	to	the	creditor	is	incurred;	(iii)	

You	understand	and	agree	that	we	will	provide	a	copy	of	this	Agreement	to	Your	spouse	for	

his	or	her	information.		You	must	notify	us	if	You	have	a	spouse	by	sending	Your	name	and	

Your	spouse's	name	and	address	to	us	at	PO	Box	57780,	Murray,	UT		84157-0780.	

All	Residents:	You	promise	us	that	You	are	not	planning	to	file	bankruptcy	at	the	time	of	

Your	application	for	Your	Account.