775"     = = = = 5 » 3 5 5 2 g 213/4 J address corections received fram the U.S. Postal Service. STATE DISCLOSURES award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Provision, ACCOUNT OPENING DISCLOSURES » Within 60 days after the error appeared on your Monthly Billing Statement. Credit Limit Increases. Your Credit Limit will be increased by $00 fringing your total Credit Limit to $1,000 if you make at + Atleast 3 business days before an automated payment is scheduled, if you want te stop payment on the amount Californla Residents. A married apglicant may apply for @ separate Account. AS required! by law, you are hereby notified that a 6) AAA rules and procedures apalicable to fees shall determine the allocation of the initial filing fees for the arbitration. This least your Minimum Monthly Payment by the Payment Due Date each month for the first 6 monthly Billing cycles. Mf we raquired you think is wrong, negative credit reporting reflecting on your credit record may be submitted to a Consumer Reporting Agency if you fil to fulfil subpar (g) shall not affect attorneys teas or costs, including witness or expert witness fees or costs. You shall be responsible Interest Rates and Interest C harges a security deposit at Account opening, you will nat need to depasit any additional funds to secure this Credit Limit Increase, _ Oo ; the terms of your credit obligations. After credit approval, each applicant shall have the right to use the Acoownt up to the limit for your awn attorney's fees and costs, Annual P tane Rat 5 Thereafter, your Account will be reviewed periodically for future Credit Limit Increases in accordance with Applicable Law. la order You must notiy us of any potential errors in writing. You may cll us, but you do we ae not required to investigate ary ootental of the Account, Each applicant may be fable for amounts extended under the plan to any joint applicant. aeife biden ate 29.90 %y ta recelve a Credit Limit Increase, you must quality for and elect to receave such increase. tach Credit Limit Increase may vary in errors and you may have to pay the amount in question, ; ; ‘ Ai If permitted by Applicable Law, the Arbitrator may award reasonable attorney's fees and casts a5 well a6 reimbursement of : . ¥ , size but will be subject to a maximum Credit Limit of $3,000.00, Each Credit Limit Increase will appear on your Account no later Delaware Residents, Service charges not in excess of those permitted by law will be charged on the outstanding Account ather expenses t the party wha substantially prevails in arbitration, and/or to the extent thatthe Aebitrator determines a partys This APR will vary with the market based on the Prime than one (1) month after you have qualified for such increase, We may change the criteria applied to determine your eligibility What Will Happen After We Receive Your Letter When we receive your letter, we must do two things: balances from month to month, cli or counterclaim was fled for purnoses of harassment os lous Rate. for a Credit Limit Increase at any time in our sole discretion in accordance with Applicable Law, In addition, we may elect, in our ; ; ; : APR for Cash Advances 29.90% sole discretion, to modily oF discuntinue the practioe of granting Credit Limit Increases, 1. Within 30 days of recenving your letter, we must tell you that we received your letter, We wil also tell you if we have already Kentucky Residents, You may pay the unpaid balance of your Account In whole arin part at any time, i) In the event the ANA or its rules end procedures are unavailable for any reason, you or We may ack a court to appoint a : Sree sete tab akiae inion arable rules and owes ie vim of he orisies and aes Tre AP Fe wil ven anit te rarkes Baber ort tie: Prine Foreign Currency Conversion Rate. |! you effect a transaction at a merchant that settles in @ currency other than U.S, dollars, ; New York and Vermont Residents, We may obtain @ consumer report for any leetimate purpase in carmection with your Account sll ! ; fhe Pov ona Ms ql Maly M Rate. the tanséction amount wil be converted into U.S. dollars ata goverment: mandated exchange rate, ora wholesale exchange 2, Within 90 days, of receiving your ter, me must ether corect the anor or explain ta you why we believe the Monthly ling or your agplcation, including but nat limited to reviewing, modifing, renewing end collecting on your Account, Upon your TERETE EON LOSI: rate. The gavermment-mandated exchange ate or wholesale exchange rat fs the rate selected forthe applicable currency on Stalement is cared, request, 8 wil nfonm you ofthe names and addresses of any Consumer Reporting Agencies that have furnished the reports, , ; , ee a Paying Interest Your Payment Due Date is at least 25 days after the the day the Wansacton is procassd, which may der rom that applicable to the date the transaction occured ot whan ts New York resiiens may contact the New York State Banking Department (1-800-242-3736) to obtain a comparative lit of i) The Provision covers any Claim arising aut for in anyway relating to the Proton tel ssues of abtrabilty must be close of each Billing Cycle. We will not charge you any sted to your Account. While we Investigate whether or not there has been an error: it car foes and erace periods. arbitrated, including but not limited to whether the Pravision is enforceable ar applicable. interest on purchases if you pay your entire Account " : sliaidiaie bee balance by the Payment Due Date each month. We Call Monitoring Recording, You autharigg us and any third party servicing your Account to listen to and record + We cannot try to collect the amount in question, or report you as delinquent on that amount. Chlo Residents. The Onio laws against discrimination require that ll creditors mate credit equally avaiable to al ret worthy A) The Prvision remains in fl force and effect unless you apt out ofthe Frovision in accordance with subpart (por you and we will begin charging interest on cash advances on the teleghone calls with you to evaluate the quality af service or for any other Lawiu! purpose, if permitted under Applicable Law, + The charge in question may remain on your Monthly Billing Statement, and we may continue to castorners and that Consumer Reporting Agencies maintain separate credit histories on each individual upon request. The Ohia othenise agres in writing to set the Provision aside, The Provision survives, for evamole but without limitation, the cancellation transaction date. charge you INTEREST CHARGES on that amount. Civil Rights Commission administers compliance with ths aw, of termination of the Agreement or your Account, the satisfaction of any obligations under the Agreement or your Account, the Minimum Interest Charge | None Sale, Assignment/ Transfer, We may se, assign, or transfer all or any portion of your Account or any Account balances due + While you do not have to pay the amount in question, you are respansible for the remainder of transfer, sale, of assignment of the Agreement or your Account or any rights under either, and the bankruptcy of any party, Under your Account without prior notice to you, You may not sall, assign, or transfer your Cand or your Account oy any of your your Account balance. ; Married Wisconsin Residents. No provision of any mantal property agreement, unilateral statement, or court order applying For Credit Card Tips from | To learn more about factors to consider when applying ‘obligations under this Agreement * We can apply any unpaid amount against your Credit Limit. to marital progerty wil adversely affect @ creditor's interests unless prior to the time credit is granted, the creditor is furnished |} Each of the following persons or entities is an intended beneficiary of the Provision and may endoece the Provision in full with the Consumer Financial | for or using a credit card, visit the website of the with a copy af the agreement, statement, of court ordes, or has actual knawedge af that provision, Married Wisconsin residents respect to any claims between such persons or entibes on the ane hand and you on the other hand that arise out of arin any way Protection Bureau Consumer Financial Protection Bureau at Use of Information about You and Your Account. Because you applied for a Card, we are entitled under Applicable Law, Alter we finish our investigation, one of two things wil happen: are required to contact us at P.O, Box 3220, Buffalo, N¥ 14240-3220 to pravide the name and address of your spouse. relate to the Agreement or the Provision’ Continental Finance andl any ofits or our past, present, and future employees, agents, http://www.consumerfinance.govilearnmore. including the Fair Credit Reporting Act, to obtain inkrmation about you from a credit reporting agency. We may also venty your ; oo nrincipals, representatives, directors, officers, shareholders, governors, managers, members, parent companies, subsidiaries, credit references and other information that you provide to us. We may obtam updated or additional information atiut you, : ta ie oe You will not have to pay the amount in question or any INTEREST CHARGES, Fees or Other Charges ARBITRATION PROVISION aflicted enti, pares, lcenses, atone, predeoessus, suonessos, aint ventures, contactors, assigns, designes, including consumer reports, from time to time for any legitimate purpose including, but not limited to, the extension af credit . : ; ; icers. and “sence crwyilers" (defin thi a forest rf f to you or the review or collection of your Acount, We wil report late payments, missed payments, or ather defaults on your * If we-do not believe there was a mistake: You wil hav to pay the amount in question, tong with apolicable INTEREST PLEASE READ CAREFULLY: This Arbitration Pravision (the “Provision") waives any right to file claims in court, other than a era ae cuseigoecirebal ee 7 P Eas ll oS | Sen enenueere ; . ; ; ; ; . : ; , . m) The Provision may be enforced ty or against any persan or entity purporting to bring Claims on your behalf, including but not ill reduce the-ariount of Gradit: Vou initially have svail- You understand to prevent the funding of terrorism and money’ laundering, the United States Government requires financial CARDHOLDERS COVERED BY THE MILITARY LENDING ACT. Notwithstand other on of this Agreement, if ‘tnd f 4 1 ie ‘ se yo ly Nave ay institutions obtain, veh and retain es candholdar Hea lt as your name, address, date of rm and other Ifyou receive dur explanation but still believe your Manthly Billing Statement is wrong, you must write to us within 10 days teling are a “covered borrower" under the Mlitary Lending Ac, as defined roe § roe the Arbitration Poin ay shel tsp eiiventa- beat eine. ie Lata ship ty ee agian . able. Based on your Credit Limit of $ 500, your initial identying information including your driver's license or other govemment-ssued ID, to allow us to confirm your identity, We wil Us thal you stil refuse to pay. you do-so, we cannot report you as delinquent without also reporting that you are questioning does not apply to you. : Ai a f ve m ba available credit will be $401 (or $371 if you choose to retain this information. With respect to information about you and your Acoaunt that is covered by aur privacy policy, we will use ater ait bigest ire iad we reported you as dlinquent, and we must let eniciay ofthe Provision have an Additional Card). SA ETH A NEI PN - on patieg ig kh an poured paper oted pei ni) You and we shall retain the right to bing in the small claims court forthe county’ of your residence any claims that ar within oF may still relect this plan, provided that you have 5 ‘ . i ca i : yet used the Card or paid a fee after receiving a How to Contact Us, For general inquiries and correspondence we can be reached in writing at: Continental Finance, P.O, Box If we do not follow all of the rules above, you do nat have to pay the frst $50 of the amount you question even if your Monthly in accord with te following: the small claims court's jurisdiction. In the event of the foregoing, and pursuant to the applicable AAA Rules, you or we may Monthly Billing Statement, If you do reject the plan, you 3220, Butfalo, NY 14240-3220. Or, you can call our Customer Service Department at 1-866-449-4514. Automated Account Billing Statement is correct. instruct the Araitrator to close the arbitration proceedings forthe Claim to proceed inthe small claims court for te county of our are not responsible for any Fees or Other Charges. information is available 24 hours @ day, 7 days a week with representatives available Monday ~ Friday betwean the hours of 7:00 a) This Provision is contained In a contract evidencing interstate commerce and is gowemed by the Federal Arbitration Act, 9 residence, Any appeal or other review of a small claims court judgment or order shall be undertaken exclusively by arbitration aun, to 10:00 p.m. and Saturday batwegn the hours of 9:00 a.m, to 4:00 pum., Eastem Time. Payments should be mailed to the Your Rights if You re Dissatisfied With Your Credit Card Purchases, US.C, Sections 1-16. in acoordance with the Provision. * Annual Fee $99.00 address listed on your Monthly Billing Statement, F : : 7 : ‘ i ' — Fy are isa wih he gots sees tha yo have phased wth you Card andy hve ted in gpd ah t Attain in azcorance wt tis Prion stl be conte by the Aescan rittin Asacion ("A") by asin ofa part ofthe Povsion tun relate ajc a ay hs outa ano appelate ven he oeding pat (eit smooree | Manee ms be cotter ae acer var YOUR BILLING RIGHTS {0 comect the problem with the merchant, you may have the right not to pay the remaining aroun due on te purchase, arbitrator (the “fvbitratoe) using the applicable rules and procedures established by the AAA for pelted consumer artitration, shall be severed and the balanoe of the Provision shall remain in effect and shal! be construed in ight ofthe express intant af account is pened, _ , To the extent any of the AM's rules and procedures contradict the express terms of the Provision, the Provision shell control and you and us to resolve all claims on a bilateral basis in binding arbitration, except that: (1) if all or any portion of subpart (2) is Addi ia a i (KEEP THIS NOTICE FOR FUTURE USE We fe ate oleae te te the contradictory portions of the AM's rules and procedures shall not apply. declared invalid in @ proceeding between you and us, without in any way impairing the right to appeal such decision this entire Additonal Care Fee $36.00 (one time, if applicable) ; vn . “i Provision (other than this sentence) shall be null and void in such proceeding: and (2) iF a Claim is brought seeking aubiic This notice tells you about your rights and our responsibilities under the Fai Credit Bling Act, 1, The putchase must hae been made in your home tate within 100 mies of your cument ming address, andthe purchase ¢} The Arhitrator shall enforce the Applicable Law inthe Agreement and shall honor applicable statutes of imitations and claims injunctive relief an a cour til thatthe retritions in subpart (2) ste AA Provision comtuecass : slpSledapellle lettin realli i ileal accel atalal of preg. The Abita may arard any ele aralable under Applicable Lav, pode that the rita is nat authored to fom anartng relief on behalf of the pantis are unenforeate wth resect osuh Cai and that determination becomes Teansaetion Fees What ToDo If You Fin A Mistake On Your Monthly Bling Statement > Ww ae Cemie cau tc uke ed nc award puitieor other damages not measured bythe prevaling party's actual damages. final fer all appeals have been exhausted), the Cai for publi injunctive ell wil be determine in court and any inciiual * Cash Advance Either $5.00 or 5% of the amount of each cash ad- ff you think there is an ur Monthly Billing Statement, write to us at: sos your Account do not qual. . d) You or we may choose to have a hearing, appear at any hearing by phone or other ekectronic means, and/or be represented mn sekig ail vei soci id sephora no suis ie te court tay the Ca for pubic WALI: WHICH NOR Greene Langa rs BITOF Of yO e 1 : 3, You must mot yet have fully paid for the purchase. a . fy counsel, Any eh axbitration hearing or proceeding shall be held inthe same city as the U.S, District Court closest o your injunctive relief unl the artitration award pertaining to indhidual relief has been entered in cour. * Foreign Transaction 3% of each transaction in U.S. dollars. P.O, Box 3220 Fall of the criteria above are met and you are still cissatished with the purchase, contact us in writing at: bing address unless you and we agree others, a = ee ” ; ity amnE Buti, NV 14240-3220 1) You may pt out ofthis Provision by sending written notice tous of your decision to opt aut, Notice must be sent by United enalty Fees Cantinental Fnanea a) The Arbitrator has no authority to conduct les, joint, private etorny general ar consolidated arbitration aroeedings on any States Postal Certified Mail, Retum Receipt Requested, to the following address: Celtic Bank, c/'o Continental Finance Company, + Late Payment Up to $40.00 In your letter, give us the following information: P.O, Box 3220 Claim, and may award relief only on an individual basis. if you assert a Claim against us, we can choose to arbitrate, Claims P20. Bat am, Sef WE Lesa He hatte Mai be pest i ta aleys alrite Galo ya pean + Returned Payment Up to $40.00 Buffalo, NY 14240-3220 brought as part af class action, or any other representative action can be arbitrated only on an individual basis, ¥f arbitration fou must retain proot of receipt, Your opt out note must state that you reject the arbitration Provision and include your name, + Account information: Your name and Account number, is chosen by ary party, neither you nor we may pursue a Claim a5 part af a class action or other representative action. Claims of attress, Ancount ‘lumber and personal signature, No-one else may sign the opt owtnotice. Your apt out notice will mot apply to How We Wil Calculate Your Balance: We use a method called “average daly balance (including new purchases," See + Dollar amount: The dollar amount of the suspected error, While we investigate, the same mules apply to the disputed amount a6 diseussed above. After we finish our investigation, we two (2) or more persons may nat be combined in the same arbitration, the arbitration provision(s} governing any ather agcount(s) that you have or had with us. Your decision to opt out will nat affect INTEREST CHARGES below for more detalls. + Description of problem: If you think there is an error on your Monthly Billing Statement, describe what you believe wil tell you our decision, AL that point, if we think you owe an @mgunt and you! do not pay, we may report you as delinquent. our decision to continue to extend credit to you under the Agreement, is wrong and why you believe itis a mistake, f) Exoapt as may be required by law, neither a party noe its representatives may disclose the existence, content, or results af arty Allling Rights: Information on your rights to dispute transactions and how to evercise those rights is provided in your arbitration hereunder without the prior written consent of all parties, No arbitration award involving the parties will have arty Mastercard’ and the Mastercard acceptance mark and service marks used by Celtic Bank under license from Mastercard Cardholder Agreement, You must contact us: reclusive effect as to issues or claims in any dispute involving anyone who is nat @ party to the arbitration, nor will an arbitration Intemational. 4 E 9/10/2021 M-131297 8 9 10 i 12 1 = = = = g FOLD TO 35/8” 5 S S S 2                                 LO 80104 TINVd SIHPeriod Rats. INTEREST CHARGES for purchases and cash advances are calculate ata moethy pesindic rate of 2.4917%, which is equivalent t0:a8 ANNUAL PERCENTAGE RATE ("2°27 of 2.90%, Variable Rate. The APR may increase or decrease on the first day of the subsequent monthly Billing Cycle based on changes in the prime rae ("Index"). The APR is calculated by adding the amount of margin stated below to the index. The Index is the prime rate published Inthe Money Rates section of The Wall Steet Joumal on the 25th day of each month. I the index is not published on that day, the Index on the pext business day wil be used. Any increase in the APR may increase the amount of interest charged to your ‘Account and the total amount you must pay, and may take the form of an increase in the moethly Minimum Payment. bf the Inder is no loeger available, we will choose a new index that is based upon comparable infomation. The APR for purchases and cash advances wil be determined by adding a margin of 26.65% to the Inder. INTEREST CHARGES are imposed on purchases beginning on the date a purchase is posted to your Account. However, INTEREST CHARGES will not be imposed on purchases made in aey 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 batance of your Account is paid in full. There is no time in which you can pay the balance of cash advances in ander to completely void INTEREST CHARGES, INTEREST CHARGES for-a Biling 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 Aocount. 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-df purchases eath ay, add any new purchases, and subtract any payments andj‘or credits, This gives us the daily balance of purchases. (Any ally balance that is a credit balance is treated as zero ($0.00) balance.) Then, we add all the daily balances of purchases Se ae Teme a Be ET ee Pee nce of purchases. For cash advances, the INTEREST CHARGE is computed by multiplying the monthly periodic rate by the average cally balance of cast advances, To get the average daily balance of cash advances, we take the beginning outstanding balance af cash advances cach 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 day balance of cash advances. (Any dably balance that is a credit balance is treated as zero ($0.00) balance.) Then, we adid all the daily balanoes 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 advanoes, there is a fee of 5% or $5.00, whichever is greater, for each cash advance posted to. your Account that month (“Cash Advanoe Fee"), NO CASH ADVANCES ARE PERMITTED DURING THE FIRST 95 DAYS AN ACCOUNT IS OPEN, ‘Additional Card Fee. Your Account will be assessed a onetime 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 cumency transaction fee equal to 3s of any transaction made in a foreign curency thal is converted to 1.5. Dollars, ‘Annual Fee. Your Account wil be assessed an Annual Fee of $99.00 ("Annual Fee"), The Annual Fee will be billed to your Account ace the account is opened, and on or about your anniversary date each year. Your payment of the Annual Fee does nat allect ur right to close your Account of our ability to limit transactions en your Account, Annual Fee Rewewal Refond Disclsare, We wil refund the Annsal Fee charged to your Account if you notify ws, within 30 days from the date ofthe Monthly Bilin Statement which it appears, that you wish to close our Account. Monthly Maintesance Fee. Your Account will be assessed a monthly maintenance fee, which will be billed at $10.00 per mosth to your Account (“Monthly Maintenance Fee") at the end of each Billing Cycle. The Mowthly Maintenance Fee will not be billed in the first 12 months your account s open, Your payment of the Monthly Maintenance Fee does not affect our right to close your Account or our abality to limit transactions on your Account, Late Payment Fee. If we do not receive @ payment from you in at Jeast the amount of the minimum payment due ("Minimum 2 Payment”) by the Payment Due Date shown on your Monthy Bling Statement, you wil be charged a Late Payment Fee equal to the lesser of $29.00 or your Minimum Payment ("Late Payment Fee") in accordance with taw, you fail to make a timely payment in any of the six (6) Biling Qycles after the inital late payment, you will be charged $40.00 or the amount of the required Minimum Payment, whichever is fess. We may refer to this fee as the “Late Fee” or “Late Charge”. Returned Payment Fee. lf you make a paymest on your Account and your check or other payment instrument (including an electronic funds transfer or 3 telephone authorized diafl} is sot hoaneed fr any reason or cannot be processed, we will a Returned Payment Fee equal to the lesser of $29.00 or your Minimum Payment ("Retumed Payment Fee"). In the event a payment is retumed in aay of the six (6j Giling Cycies after the initial returned payment, you will be changed $401.00 or the amount of the required Minimum Payment, whichever is less. The charge may be imposed even if we elect to re-present the Cm a Retumed Payment Fee based upon a singe payment, Authorization, You certify that al the infunnation gen in your application is true aed correct and you are ging this information in order to obtain credit and authorize us to obtain information concerning any statements herein. You agree to-fumish us with all requested information. You authorize ws to charge the Annual Fee, Monthly Maintenance Fee and Additional Cand Fee (if applicable) to your Account. 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 ather rights to Continental Finance Campary (“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, Furthetrnore, by accepting and using the Card, or paying any INTEREST CHARGES, Fees, or Other Charges, whichever comes fist, You eupressly agree to be hound by the provisions of this Agreement and the rates and charges for use of the Card, including pein Under the “Charges and Fees" provisions, which are hereby expresshy incorporated by reference into this Agreement, In this Agreement, “we, “us’, and “our” refer to Celtic Bank as the issuer of the Card and Continental Finance as services, and each of their respective agents, authorized! representatives, successors and assignees, “Agreement” means this Cardholder Agreement. The words "you" and "your" mean the person who applied for the Account and each person to whom we issue Card at the applicant's request or who uses a Card with the applicant's consent (“Additional Card or Authorized Uses"), The word “Card” means your credit card, Please read this'Agreement carefully and save it for future reference. It contains Important state and federal disclosures, including Regulation Z disclosures and disclosures regarding your rights in case of errors or inquiries about your bill and important provisions relating to arbitration and litigation. Aaplicable Law, This Agreement and your Account, and any claim, dispute or controversy (whether in cantract, tort, or atherwise) at any time arising from or related to your Account, this Agreement or any transferred bilances, 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 ts choice- of-faw rules), The formation, legality, enforceability, and interpretation of this Agreement, and any amaunés costracted for, charged and received under this Agreement, will be govemed by such laws. This Agreement is entered into between you and us in Utah, regardless of the state of your residence or whether or not your Account or Card is used in Utah. Our deoisions regarding the extension of credit to you are made in the State of Utah, Federal and Utah faw will also apply to any controvessy, claim, or pi a a Federal law provides important protections to members of the Armed Forces and their dependents relating to extensioas of consumer credit. In general, the cost of consumer credit fo 2 member of the Amed Forces and his or her dependent may not expeed an annual percentage rate of 36 percent. This rate mast include, 2s applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in coneection with the credit transaction; any application fee charged (other than certain application fees for spertied credit transactions or accounts); aed any paflicipatioa fee charged (other than cestain participation fees for @ credit card account). Te be provided with an oral disclosure of this information, please call tol-free 1-800-935-3808. Effective Date: This Agreement is effective upon the earlier of your acceptance and use of the Card to make a perchase or to teceive a cash advance, o your payment of INTEREST CHARGES, Fees or Other Charges. You may reject this Cand, provided that you have not yet used the Card or paid INTEREST CHARGES, Fees, or Other Chasges after receiving a Monthy Billing Statement, Ifyou reject the Card, you are not responsible for any INTEREST CHARGES, Fees or Other Charges. Hotaithstanding anything to the contrary in this Agreement, if os are a resident of the State of New York, this Agreement is effective upon your acceptance and use of the Card. 3 Changes in Agreement Terms. We can change any term of this Agreement, including the rate at which or manner in which INTEREST CHARGES, Fees, and Other Charges are calculated, in our sole discretion, upon such notice to you as is required cn ae ee ea eee a permitted by law, Binding Effect. This Agreement is binding wpoa and enforceable against your heirs, legal representatives, and successors, Severability if any provision of this Agreement, inching ny portion of the Arbitration Provisions set forth below, iS detemnined to be invalid or unenforneable under any rule, law, or regulation, the validity or enfoceabilty of any other provision of this Agreement shall pot be alfected, and in lieu of such invalid or unenforceable provision there shall be added automatically, 5 part of this Agreement, a provision as similar in terms a5 may be valid and enlormeable, if possible, Notwithstanding the foregoing, i a class action litigation or a class-wide atbitration iS permitted for any reason, ether party may require that the hehe eevr bea In the Arbitration Provision below, be beard by a judge, siting without a jury, under applicable court Entire Agreement. This Ageement, together with your Application, and if applicable, the Continental Credit Protection Addendum, constitutes the final and complete credit agreement between you and ws relating to your Account and supersedes aod may not be contradicted by evidence of ary prior, contemporanenus, or subsequent oral credit agreement between you ‘and us relating to your Account. USING YOUR CARD Sign Your Card, To avoid unauthorized use of your Card, please sign the back of your Card immediately General Use. You may use your Card and your Account to make purchases if your Account is in good standing and you have available credit. Your Card and Account may be used only for valid and lawful purposes. If you or an Authorized User uses your Card and Account for any other purpose, you will be responsible for the use and may be requied to reimburse us for all amounts OF expenses We pay as a result ofthe use, No cash adanoes are permitted within the first ninety five-(95) days after an Account iS open. After ninely five (95) days have elapsed from Account opening, you may obtain cash advances (See Cash Advance Fee section). You may not use the Card oe your Account for any illegal transaction or any gambling transaction, We will decline identifiable gambling transactions, We may impose restrictions on your Account at any time as determined to be necessary by us in-connection with our efforts to detect fraud or unauthorized use, including restrictions on (a) the number of transactions allowed per day; (b) the dollar amount af transactions approved; (c} your abilily to obtain cash advances; and {d) your ability to use your Card at an automated teller machine ("ATM"), {you give your Acoount number to make @ purchase or obtain a cash advance without presenting your Card (such 2s for a:mail order, telephone, or Internet purchase), the legal effect will be the same: as f 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. Ne may restrict your aocess to any ATM at anytime, You should not keep your PIN with your Card. Ifyou believe that anyone has gained unauthorized access to your PIN, you showkd 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 ta your Account and/or Cand with your express oF implied permission, notwithstanding the provision above, that person is an Authorized User, even if we did not issue an additional Card in the Authorized User's name, At your request, and f we agree, we may issue an additional Card in the name ‘of an Authorized User with your Account number, You will be responsible forall charges, cash adivanoes, INTEREST CHARGES, purchases and Fees incurred by any Authorized User. We are not required to try to obtain payment from any Authorized User before requiring payment from you. Ht yoa 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 Fees incurred or obtained by the Authorized User, We may close your existing Account and isue you a new Card and Account number, Lost or Stolen Card. If you notice the loss or theft of your Card or a possible unauthorized use of your Card, you should write to Us immediately at: Continental Finance, P.0, Box 3220, Buffalo, MY 14240-3220, or call us at 1-800-556-5678. You will not be liable for any unauthorined use, Refusals to Honor Card /Rejection of Transactions. Ve are not responsible if any financial institution, merchant, or other persoa reluses to honor your Card. Except 2s otherwise required by law or regulations, we wil not be respoasible for merchandise or Services purchased throwgh your Card. Also, we may reject any Lransaction for any reason. Accessing Your Credit Line. You can use the Card and your Account to make purchases and obtain cash advances. Upon your Tequest, you may be assigned a FIN, Ifa PIN is assigned to you, you may obtain a cash advance, any time after ninety five (95) 4 days after Account opening, at any authorized ATM that bears the Mastercard acceptance mark by using the Card and PIN, You should keep your PIN secure and not write it down, give it to anyone or keep it with your Card. Contact us immediately if someone has gained unauthorized aocess to your Cand(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 Monty Biling Statements. You are responsible for heeping 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 ight to approve or deny authorizations or transactions from any merchant at oar sole discretion. Network Outages. From time to time, due to circumstances beyond our control (such 2s fires, floods, earthquakes and other natural disasters and unpredictable events), our senices may be unavailable, We will not be responsible or liable if this happens. Your Promise to Pay, Cut-Off Thme, Form of Payments. You promise to pay to us all amounts advanced to you as a purchase of 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. Al payments must be made in U.S. doliars, 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 Bling Statement ("Mail Payments To” address’) and must be recefved by Continental Finance no later than &: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 clase of business at the branch or office shall be considered received on the day the paymnent is made at such location. Payment Due Date, The Payment Due Date will beat 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 recelpt if they are made In accordance with our Instructions, Your Payment Due Date wil be the same day each month. Ifthe Payment Due Date falls on a weekend, holiday or other day’ on which we da not receive payments, the Minimum Payment Due plus any other payment must be recelved no later than 6:00 p.m. prevailing Eastern Time on the next business day we receive payments. ‘Amnount of Payment. You may pay any or all of the amounts you owe at any'time without penalty, but you must pay at least the Minimum Payment Que each month on or before the Payment Ove Date, Minimam Payment Due: * Ifthe New Balance shown on your Monthly Billing Statement is less than or equal to $35,00, the Minimum Payment Dua equals the New Balance, * lfyour New Balance exceeds $35.00, the Minimum Payment Due equals the greater of 4.00% of the New Balance or $35.00, plus any Late Payment Fee assessed In the current Billing Cycle plus any past due amounts, not to exceed your Account balance. ‘Applying of Payments. Payments in excess of the Minimum Payment Oue are applied in accordance with law, Availability of Credit and Payment Holds. Generally, payments are credited to your Account on the day they are receved, Available credit created as a result of payments posted to your Account may not be avadable for wp to seven (7) days, ar longer ifcecumstances warrant an additional hold, ori we deem ourselves at risk for any reason. I you use @ payment service provided fy a third party to deliver your payment to us, that thind party may change you a fee for such service: such third party fees will nat be billed to your Account, Credit to your Account may be delayed up to fve (5) days payment i (a) not received atthe Payment Adress or (0) not accompanied by the payment coopon portion of your Monthly Bling Statement, Delayed crediting may rsul in Late Fee and addétional INTEREST CHARGES and Fees being applied to your Card. Direct Debit. You may choose, subject to our approval, to make @ payment by means of a dinect debit or change to any depost, savings, or credit account of yours ("Payment Accoual”), By requesting that we process a payment by direct debit or charge to your Payment Accovet, you hereby authorive us, at our option, to debit your Payment Account by means of an electronic transaction of to submit a paper check or draft to your financial institution, consistent with your instructions, Blectronic Check Presentment. if you pay by check, you are authorizing is to use information on your check to make a one-time electrosic debit from yor account atthe financial institution indicated on yowr 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. Blectronically processed aad/or presented checks (and checks presented electronically) are Not retumed to you by your finaeocial 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 vetrieved by contacting your financial institution. Please contact the Customer Service Department at the telepbone number on your Monthly Biling Statement to learn about ather payment options, Irregular Payments and Delay in Enforcement, Waivers and Releases, We may accept late payments, partial payments, checks, 5 ‘and money orders marked “paid in full" or language having the same effect, without iosing any of our rights or legal defenses. 1 witten communications conceming disputed amounts, including a check or ather payment instrumeat that (a) indicates that the payment constitutes “payenent in full” ori otherwise tendesed as full satisfaction of a disputed amount, or (b) is tendered with other conditions or limitations, must be marked or delivered to us at the address for “Send Comespondence To" shown on your Mocthly Billing Statement, nat the paymest adress. You waive presentment for payment, netice of eor-payment, and you agree to any extensions of time of payment and partial payment before, at, or after maturity. When We Send Monthly Billing Statements. We will promptly send a Monthly Baling Statement at the end of each monthly filling Cycle if your Account has a debit or credit balance greater than $1.00 or if an INTEREST CHARGE or Fee has been Where We Send Your Monthy Billing Statement. Ve will send Monthly Biting Statements and any other notices to you at the pesca tyr stale ded domain elite rabidly atoms. of comections from the United States Postal Service, We may also mail Monthly Biting Statements and other communications ( you al any address we determine to be an address at which you can receive mail. f you elect to receive Monthly Billing ‘Statements and other communications electronically, we may send these Monthly Billing Statements and communications as directed by you Understanding Your Monthy Biling Statement The Monthly Bling Statement wl show the Predaus Balance, purchases and cash advances posted during the Biling Cle, any ITT CMS os a et Capes lpm, ts and credits to your Account thrugh he Bling Qe Casing Date, wil aso show, among othe things, your New Balance the Minimum Payment Due, and the Payment Due Date (which wil be a least twenty fie (25) days efter the Bling Cele Closing Date and willbe the sare day evry month, You agree to review your Monthly Biling Statement promptly and to report ay ertoneous entries on-such Monthly Billing Stet You ae Mig orga uans eis i sh wy mal abel ony ing Statement available to you, Ifyou do not report the erroneous enties within the timeframe, te ents ney Bl 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. you dispute a transaction made ty you or someone else on your Account and we: later credit your Account for-all or part of the disputed ammount, you Will give us all of your rights against that other person, You also agree-to give us any merchandise associated with the disputed transaction and to help us in our efforts to seek reimbursement (including, but not limited to, providing documents), Your Consent to Autumated-Dialer and Pre-recorded Calls and Text Messages. By providing us with a telephone numbers), at any time, you consent and authorize us to contact you regarding your Account at such number(s) using any lawful means of communication, including, but nat 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 changes imposed by your provider may apply. Ifyou provide telephone number(s) for which you are not the subscriber, you understand that you shall indemily us for any custs and expenses, including reasonable attomeys’ fees, incurred as a result of us attempting to contact you at the number(s}, 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 notice to us to the following address: {Celtic Bank, fo Continental Finance Company, P.0, Box 3220, Bufo, NY 14940-3720), You must retain proof of delivery. If you send Communications to any othes address, we may not process your request. Esnail. By providing us with your e-mail address, you agree to recelve comespondence electronically from us and our affiliates and senite providers, We may communicate with you by ¢-nsail for any lawiu! 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 ws, of, if you have apreed, by email to the address you gave ws,. If you have multiple addresses, we will send notices fo only one such address. We consider a notice sent as sooa a5 we mall it. We consider an electronic notice sent as soon as we email it, unless we revelve noGfication that the email was undeliverable. DEFAULT PROVISIONS Events of Default You mill be in default of this Agreement if aay of the following-occur on this or any other Account you have with wes: » Youd ont pay af feast the Minemum Payment Dee en your Account on or betore the Payment Ove Date. » You de or become legally incompetent,  Albankruptcy or other insobrency proceeding is fled by or against you » You ented or attempl to enced your Credit Limit + You peovde ws with or have provided us with false or misleading informatioe or signatures at any time. » You all to comply wth this Agreement. + Yow fail to make any payment or perform any promise in any agreement oe obligation you have with us. + Anyjodgmen, lien, attachment or execution is issued against you or your property. 6 » You request an eessive number of replacement Cards. = Wereasonably believe you mill not pay amounts owed tos for any reason. « You permanently reside outside of the Linited States, HY You Are in Default: Upon yout defalt ofthis Agreement, we have ll emedies provided by law including, without tation and withoat pir notice or demand (except as requived by Applicable Lan, the righ te + Deny use of your Aromat. + Dose or refuse to renew your Atcouat, » Demand the return of your Candis). » Declare your entire Account balance immediately due and payable, » locrease yer Kinin Payeat + Apply any part ofall of your security deposit if applicable, to batances due. » Pursue any action against you permitted by law. Collection Costs, To the extent permitted by law, you must pay all court and collection costs, including reasonable attorneys’ fees that we incur as a result of your default. A contingency or hourly arrangement established by ws with an attomey or collertion 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 limet your priileges to make purchases of obtain cash advanoes 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 ws by telephone or in writing, Whether your Account was terminated by us-or ty you, you promise that any amounts that you owe us at the time of termination, plus any ew purchases or cash advances, as-well aS ary INTEREST CHARGES, Fees and Other Charges that will continue to be imposed at the rates spectfied in this Agreement, will be repaid according to this Agreement. You agree that you will not try to make any purchases oF obtain cash advances after you have bean notified that your privileges to use your Account have been canceled, You may terminate this Account at any time. In order to terminate your Account, you must either call us or give us written notice of your intent to terminate your Account at the address for “Send Comespondence To” shown on your Monthly Bling Statement, and pay your outstanding Account balanioe in ful, Your notice of termination will become effertive as Soon as we can reasonably act on it. If you request that we terminate your Account, but do not pay your outstanding Account balance in ful, your credit privileges will be terminated. You agree that if your Account is terminated by us or by you, we may apply any pert or all of your security deposit, If applicable, to your outstanding balance pursuant to the terms of this Agreement. Account Non-se, inactivity and ‘or Closure. In connection with the initial opening of your Account (but not in connection with renewing the Account or replacing Cards that have been used for transactions to the Account], ifyou have not made @ payment, and elther: (1) you do not activate your Card, or (2) you activate your Card but do not use your Account for a purchase or cash advanoe, we may unilaterally close your Account and terminate your rift to use the Cand or obtain credit, subject to any inti pi IF we close the Account in accordance with this paragraph, all Fees posted to your Account Initial Fees Refund Disclosure, You enay still reject ths plan, provided that you have nat yet used the Account or paid INTEREST CHARGES, Fees or Other Charges after receiving a Monthly Biling Statement. Hfyou do reject the plan, you are not responsible fox any INTEREST CHARGES, Fees or Other Charges. Binding Effect Upon Death or lncompetency. if we pay a merchant of financial institatioa for a purchase or post a cash advance to your Account before we receive actual written notice of your death or incompetence, or if we pay a merchant of financial ‘institution for a purchase made by you or post @ cash advance taken ty you prior fo your death or incompetence, that transaction will be a valid and binding Account obligation upon you, your estate and your personal representatives, Our Liability To You, Neither Celtic Bank nor Continental Finance wil have ny liability to you other than as provided in the Agreement and these terms and conditions. Unless imposed by lam, nether Celtic Bank nor Continental Finance will be lable for amy indirect, punitive, incidental, special or consequential loss or damages with respect to this Agreement. Notices. We will send Monthly Baling Statements and any other notices to you at the address shown in oor files. if you choose to receive Monthly Bling Statements electronically, we wil send them and anyother notices to you at the email address shown in our fies. You promise to inform us promptly in writing of any change in your address of email addvess. Any written notice from you to us must be sent to us at Continental Finance, P.O, Box 3220, Buffalo, NY 14240-3220 or to such other address as we may give you, and shall be elfective when received by ws at such address. in determining your last known address, we can accept 7