CALIFORNIA CONSUMER PRIVACY ACT NOTICE

Last updated February 15, 2024

Your privacy is important to us. This California Consumer Privacy Act Privacy Act Notice explains how The Bank of Missouri, its affiliates, representatives, agents and servicers, including Atlanticus Services Corporation and its affiliates (together “we,” “our” or “us”) collect, use, and disclose personal information relating to California residents covered by the California Consumer Privacy Act of 2018 (“CCPA”). This notice is provided pursuant to the CCPA.

Introduction

Under the CCPA, “Personal Information” is information that identifies, relates to, or could reasonably be linked directly or indirectly with a particular California resident. The CCPA, however, does not apply to certain information, such as information subject to the Gramm- Leach-Bliley Act (“GLBA”).

The specific Personal Information that we collect, use, and disclose relating to a California resident covered by the CCPA will vary based on our relationship or interaction with that individual. For example, this Disclosure does not apply with respect to information that we collect about California residents who apply for or obtain our financial products and services for personal, family, or household purposes. For more information about how we collect, disclose, and secure information relating to these customers, please refer to our Privacy Notice.

Keeping Personal Information secure is one of our most important priorities. Consistent with our obligations under applicable laws and regulations, we maintain physical, technical, electronic, procedural and organizational safeguards and security measures that are designed to protect personal data against accidental, unlawful, or unauthorized destruction, loss, alteration, disclosure, or access, whether it is processed by us or elsewhere.

Collection of Personal Information

In the past 12 months, we have collected the following categories of Personal Information relating to California residents:

• Category A: Identifiers, such as name and government-issued identifier (e.g., Social Security number);
• Category B: Personal information, as defined in the California safeguards law (Cal. Civ. Code § 1798.80(e)), such as contact information and financial information;
• Category C: Characteristics of protected classifications under California or federal law, such as sex and marital status;
• Category D: Commercial information, such as transaction information and purchase history;
• Category E: Internet or network activity information, such as browsing history and interactions with our website;
• Category F: Geolocation data, such as device location and Internet Protocol (IP) location;
• Category G: Audio, electronic, visual and similar information, such as call recordings;
• Category H: Professional or employment-related information, such as work history and prior employer; and
• Category I: Inferences drawn from any of the Personal Information listed above to create a profile about, for example, an individual”s preferences and characteristics.

Sources from which Personal Information is Collected

The categories of sources from whom we collected this Personal Information are:

• Directly from a California resident or the individual”s representatives;
• Service providers, consumer data resellers and other third parties;
• Public record sources (federal, state or local government sources);
• Information from our affiliates; and
• Website, mobile app and social media activity.

Third Parties with whom Personal Information is Shared

The categories of third parties to whom we disclosed Personal Information for our business purposes and the categories of personal information shared with such third parties are:

• Vendors and service providers who provide technology-related services, such as data storage, digital communications, website hosting, back office programs, data security and audit, and other information technology and related infrastructure (Personal Information Categories A through I listed above);
• Third parties who facilitate providing products and services to our customers, such as transaction and payment processors, financial institutions, call centers, customer and account management systems, collections service providers, data analysis service providers and marketing communications service providers (Personal Information Categories A, B, C, D, E, G, H and I);
• Professional services providers, such as tax and accounting professionals, legal professionals, auditors, marketing professionals and other consultants (Personal Information Categories A, B, C, D, E, G, H and I);
• Other third parties who enable customers to conduct transactions online and via mobile devices (Personal Information Categories A, B, C, D and F); and
• Courts and government agencies (as required by laws and regulations).

Use of Personal Information

In the past 12 months, we have used Personal Information relating to California residents to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives, including the following:

• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing marketing services, or providing similar services;
• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
• Short-term, transient use, where the information is not disclosed to a third party and is not used to build a profile or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction;
• Auditing related to a current interaction and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions and auditing compliance with this specification and other standards;
• Undertaking activities to verify or maintain the quality or safety of a service controlled by us and to improve, upgrade, or enhance the service controlled by the business;
• Debugging to identify and repair errors that impair existing intended functionality.
• Undertaking internal research for technological development and demonstration; and
• Complying with laws and regulations and complying with other legal process and law enforcement requirements (including any internal policy based on or reflecting legal or regulatory guidance, codes or opinions).

Sale or Sharing of Personal Information

For purposes of this Notice, “sale” means the disclosure of Personal Information to a third party for monetary or other valuable consideration. The use of technologies, such as cookies, constitutes a “sale” of personal information under the California Consumer Privacy Act.

Cookies are small files stored on your web browser when you visit our website. Some cookies last only as long as you remain on the website; others, called “persistent cookies” may be stored for longer periods of time. These cookies can make browsing easier by storing your password or your preferences regarding how you use the website.

We may use cookies to obtain personal and non-personal information about you. This collection is triggered when you access our website through pixels placed on our website. The cookies may collect the following information when you interact with the page(s) on our website where the pixel is present: (i) information about your web browser; (ii) your IP address, which may be used to estimate your general location, (iii) web pages visited; and (iv) cookies stored in your browser. We may use the data to obtain personal information about you and use this data for marketing to you.

You can opt out of the “sale” by clicking on the cookie banner or cookie icon at the bottom of our website and selecting your preferences, or by broadcasting the global privacy control signal. Note that due to technological limitations, if you visit our website from a different computer or device, or clear cookies on your browser that store your preferences, you will need to return to this screen to select your preferences and/or rebroadcast the signal. You may also find more information about cookies, including how to opt out of interest-based advertising, at www.cookiesandyou.com.

Except as described above, in the 12 months preceding the date of this Notice, we have not “sold” Personal Information subject to the CCPA nor have we “sold” or “shared” Personal Information of minors under the age of 16.

Rights under the CCPA

Right to Correct Inaccurate Personal Information. You have the right to request that we correct any inaccurate Personal Information about you.

Right to Request Access. You have the right to request that we disclose your Personal Information that is collected, used, and disclosed to third parties. If you make an access request, you will receive the following information about you:

• Categories of personal information collected;
• Categories of sources from which personal information are collected;
• Specific pieces of personal information collected about you;
• Business purpose for collecting or selling; and
• Categories of third parties to whom sold.

This information will be provided free of charge, unless we determine that your request is manifestly unfounded or excessive. You may request this information twice in any 12-month period. This right to request access is subject to certain restrictions and is not available to consumers who have requested information about, applied for, or maintain credit accounts with us. Our employees and employees of our business partners and service providers also do not have a right to request access under the CCPA.

Right to Request Deletion. You have the right to request that we and our service providers delete any Personal Information about you that we have collected from you upon receipt of a verifiable request. This right to request deletion is subject to certain restrictions and is not available to consumers who have requested information about, applied for, or maintain credit accounts with us. Our employees and employees of our business partners and service providers also do not have a right to request deletion under the CCPA.

Right to Opt Out of Sale or Sharing. You have the right to request that we and our service providers not sell or share your Personal Information. This right to opt out is subject to certain restrictions and is not available to consumers who have requested information about, applied for, or maintain credit accounts with us. Our employees and employees of our business partners and service providers also do not have a right to opt out under the CCPA.

Right to Non-Discrimination. We will not discriminate against you because you exercised any of your rights, such as by

• Denying products or services to you;
• Charging different prices or rates for products or services, including through the use of discounts or other benefits or imposing penalties;
• Providing a different level or quality of products or services to you; or
• Suggesting that you will receive a different price or rate for products or services or a different level or quality of products or services.

Submitting Requests.

You can submit your request by calling us at 800-245-7741, sending an email to service@myfortiva.com or contacting us online at https://www.myfortiva.com/customers. We will acknowledge receipt of your request and advise you how long we expect it will take to respond if we are able to verify your identity. We will work to process all verified requests within 45 days pursuant to the CCPA. If we need an extension for up to an additional 45 days to process your request, we will provide you with an explanation for the delay.

Verifying Requests. To verify a California consumer’s identity, we may request up to three pieces of Personal Information about you when you make a request to compare against our records. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity. This process is for your protection. An authorized agent may submit a request on your behalf, in which case we may require proof of your authorization and verification of their identity directly from you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information that you provide in your request to verify your identity. We reserve the right to take additional steps as necessary to verify the identity of California consumers when we have reason to believe a request is fraudulent.

If we are not able to honor your request, we will let you know in our response. Situations where we may not be able to honor your request include

• If we cannot verify your identity or if we cannot verify that you have the authority to make a request on behalf of another individual;
• If an exception to the access or deletion right under the CCPA applies, such as when the disclosure of Personal Information would adversely affect the rights and freedoms of another consumer, or when the requested Personal Information is not subject to the CCPA’s access or deletion rights; and
• If your request involves disclosure of social security numbers, driver’s license numbers or government issued identification numbers, financial account numbers, health care or medical identification numbers, account passwords or security questions and answers, or any specific pieces of information, and the requested disclosure presents the possibility of unauthorized access that could result in identity theft or fraud or unreasonable risk to data or systems and network security.

Questions or Concerns

You may contact us with questions or concerns about this Privacy Policy and our practices by calling us at 800-245-7741, sending an email to service@myfortiva.com, or contacting us online at https://www.myfortiva.com/customers.

Changes to This California Consumer Privacy Act Privacy Policy

We may change or update this Privacy Policy from time to time. When we do, we will post the revised Privacy Policy on this page with a new “Last Updated” date.

Website Terms of Use

By using or visiting, this website, www.myfortiva.com, and associated online services or mobile applications (collectively, the “Site”) you (the user) have read and agree to this Website Terms of Use (“Agreement”), the Website Privacy Policy and any terms and conditions associated with Fortiva products. If you do not agree with this Agreement, you should stop using the Site immediately. “We”, “our” or “us” refers to Atlanticus Services Corporation and its affiliates. We own and administer the Site for the benefit of The Bank of Missouri (“TBOM”), a federally insured Missouri bank, in connection with its Fortiva programs.

We may modify this Agreement from time to time. You agree to any changes to this Agreement by using the Site after changes to the Agreement have been posted.

Please read this Agreement carefully and print it for your records.

Products and Services on this Site

You understand and agree that TBOM is the creditor for all Fortiva products available through this Site. Any other products or services advertised on this Site are offered by and remain the sole responsibility of the respective product vendors or service providers (“Suppliers”). We, TBOM and Suppliers are not your agents.

This Site is a free service provided to you in connection with Fortiva programs. We may, from time to time, receive compensation from Suppliers for goods, facilities and services that we may provide to them under separate contract. Such goods, facilities or services may or may not relate in any way to your use of the Site. You agree to any such compensation arrangement whether or not related in any way to your use of the Site.

Eligibility

Use of this Site is void where prohibited. By using this Site, you represent and warrant that (i) all information you submit on this Site is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) you are 18 years of age or older (19 in Alabama and Nebraska). This Site does not knowingly collect personal information on anyone under the age of 13.

Site Use and Access

We grant you permission to use the Site as set forth in this Agreement. You are responsible for all of your activities related to your use of the Site. You agree not to use this Site for any unlawful or unauthorized purpose. You may not use or attempt to use the Site in any way that: (i) causes you or us to violate any law or regulation or to infringe on any right of any third party; (ii) inhibits use of the Site by other users or interferes with the operation of the Site; or (iii) misuses a function available on the Site. You may not use or attempt to use the Site to: (i) post, store, transmit, or offer illegal, offensive, threatening, pornographic or defamatory materials; (ii) post, store or transmit any viruses, worms, Trojan horses or other harmful or disruptive components; or (iii) harvest, collect or mine information about other users of the Site.

To access certain features of the Site, you may have to create an account. You are solely responsible for the activity that occurs on your account and you must keep your password secure. You should notify us immediately of any unauthorized use of your online account. We and TBOM are not liable for losses caused by unauthorized use of your account.

Your access to and use of our Site, including an online account, may be interrupted from time to time for any reason, including, but not limited to, (i) the malfunction of equipment, (ii) periodic updating, (iii) maintenance or repair of the Site or (iv) any other action that we or TBOM elect to take. We or TBOM may limit, suspend or discontinue the availability of the Site, including an online account, at any time without prior notice.

Third-Party Content

This Site may contain third-party content, including links to third-party websites that are not owned or controlled by us or TBOM. We are not in any way responsible for the content on, or your use of any such third-party website. This Agreement and the Website Privacy Policy do not apply to third-party websites. We encourage you to read the terms of service and privacy policy that governs your activities and handling of your information on third-party websites. The appearance of any third-party website, content or product does not imply any endorsement by us or TBOM with respect to any such third-party website, its contents, its sponsor(s) or any products or services offered at or through such third-party website. It is your responsibility to investigate third parties.

Limitation of Liabilities and Warranties

To the extent permitted by applicable law, the Site is provided AS IS and neither we nor TBOM assume any responsibility for any failure in providing the Site to you. We and TBOM strive for the information on this Site to be accurate and complete but neither we nor TBOM make any representation or warranty regarding the accuracy or completeness of any information provided on or through the Site and shall not be responsible if errors occur. WE AND TBOM DISCLAIM ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, RELATED IN ANY WAY TO THIS SITE, TO THE FULLEST EXTENT OF THE LAW. USE THIS SITE AT YOUR OWN RISK. NEITHER WE, TBOM, ANY SUPPLIER, NOR ANY COMPANY THAT SUPPORTS THIS SITE (INCLUDING EACH’S OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES AND AGENTS) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN ANY WAY ARISING OUT OF, OR CONNECTED TO, THE USE OF OR ANY INABILITY TO USE THIS SITE OR FOR ANY ERROR OR DELAY IN THE TRANSMISSION OF INFORMATION TO, FROM OR THROUGH THIS SITE.

Indemnity

As a condition of your use of this Site, you agree to defend, indemnify and hold us, TBOM and any company that provides services to support this Site (including their officers, members, directors, employees and agents), from and against any and all claims, damages, liabilities, losses, costs or expenses (including attorneys’ fees) arising out of, relating to or resulting from (i) your use or attempted use of this Site, (ii) your violation of this Agreement and (iii) your violation of any third-party right, including without limitation any copyright, property or privacy right. This provision will survive the termination of this Agreement and the termination of your use of the Site.

Governing Law and Other Terms

This Agreement is subject to and is to be construed in accordance with the laws of the State of Georgia, without regard to internal principles of conflicts of laws, and applicable Federal law of the United States of America. You consent to the exclusive jurisdiction of the federal and state courts located in the State of Georgia, for any and all disputes arising out of this Agreement. You may not use this Site in any jurisdiction that does not give effect to each and every provision of this Agreement. This Agreement constitutes the entire agreement between you and us and supersedes any and all prior or contemporaneous agreements, whether oral, written or electronic, between us. The headings used in this Agreement are for the convenience of reference only and are not intended to define or describe the scope or intent of any portion of this Agreement. In the event that any provision of this Agreement is determined to be invalid or unenforceable for any reason, then such provision should be deemed to be reformed to match as closely as possible the intent of the original provision and all other provisions of this Agreement shall remain in effect. Any bona fide printed or electronic version of this Agreement shall be admissible in any proceeding before a court, arbitrator or other authority.

Copyrights and Trademarks

All contents of this Site are Copyright ©2024 Atlanticus Services Corporation. All Rights Reserved. You acknowledge that the Site, including all content names, trademarks, text, graphics, logos, images, software used in connection with the Site and any product, service or information available through this Site (collectively, “Materials”) are the property of their respective owners and protected by applicable intellectual property and other laws. You are granted a limited, non-sublicensable right to access the Site and Materials for your personal non-commercial use only. Materials may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold or licensed or otherwise exploited for any purpose without the prior written consent of the respective owners. You agree not to modify, use, copy or distribute any Materials other than as expressly permitted in this Agreement or by the owner for any commercial purposes. You are not granted any licenses, express or implied, or any other rights in or to the Materials except as expressly authorized by these Terms.

Website Privacy & Security Policy

This website is offered to you (the user of this site), conditioned on your acceptance, without modification, of the terms, conditions and notices contained in this Website Privacy and Security Policy (this “Agreement”). Your use of this site constitutes your agreement to the terms, conditions and notices from time to time set forth at this site. As used herein, “we”, “our” or “us” refers to Atlanticus Services Corporation, which, along with its affiliates and wholly-owned subsidiaries (the “Servicer”), is responsible for the Website Privacy and Security Policy for websites as servicer for The Bank of Missouri (“TBOM”), the issuer of the Fortiva Credit Card and the Aspire Credit Card.

We are committed to protecting your privacy. We recognize the importance of safeguarding and respecting your privacy, and accordingly have adopted this Agreement to serve as the basis for our policies and procedures. This Agreement demonstrates our commitment to providing privacy and security protection to visitors of our website. This Agreement is designed to assist you in understanding how we collect, use and safeguard personal information you may provide to us or to others through this website and to assist you in making informed decisions when using this site.

What Information Do We Collect?

When you visit our website you may provide two types of information, (1) personal information you knowingly choose to disclose which is collected on an individual user basis and (2) website use information collected on an aggregate basis as you and others browse our website. If you choose to correspond through email, we may retain the content of your email messages together with your email address and all responses sent through our website. We provide the same protections for these electronic communications as we employ in the maintenance of information received by mail and telephone.

How Do We Use Information We Collect From Cookies and Web Server Logs?

Similar to other commercial websites, our website utilizes a standard technology called “cookies” web server logs and Google Analytics to collect information about how our website is used.

“Cookies” are a feature of web browser software that allows web servers to recognize the computer used to access a website. Cookies are small pieces of data that are stored by a user’s web browser on the user’s hard drive. Cookies can remember what information a user accesses on one web page to simplify subsequent interactions with that website by the same user or to use the information to streamline the user’s transactions on related web pages. This makes it easier for a user to move from web page to web page and to complete commercial transactions over the Internet. Cookies should make your online experience easier and more personalized.

Cookies help us collect important business and technical statistics. Information gathered through cookies web server logs and Google Analytics may include the date and time of visits, the pages viewed, time spent at our website, and the website visited just before and just after our website. This information is collected on an aggregate basis. None of this information is associated with you as an individual user. Our server logs allow us to count how many users visit our website and evaluate our website’s visitor capacity. We do not use these technologies to capture your email address or any identifying information about you (although you DO enter those kinds of information in the application process). However, we do store IP addresses for fraud detection and prevention purposes. These technologies do permit us to deliver focused messages or other such responses to you while you are visiting our site or to provide advertising to you when you are visiting other sites. Any such offers, from TBOM or third parties sponsored or approved by TBOM, will be provided in accordance with the respective sender’s privacy notice and any preferences that you have previously provided to that sender.

You have the ability to manage the use of cookies on your computer using controls in your browser. To learn more about how to manage cookies, visit allaboutcookies.org.

How Do We Use the Other Information that You Provide To Us?

When providing identifying information to us, such as by email correspondence with us or by entering information into this site, we may use the information we collect to notify you about important changes to our website.

How Do We Secure Information Transmissions?

When you send personal credit account information through our website, secure server software which we have licensed from Secure Socket Layer (SSL) or Secure Electronic Transaction (SET) encrypts all information you input before it is sent. The information is scrambled en route and decoded once it reaches its destination. Other email that you may send to us may not be secure unless we advise you that security measures will be in place prior to your transmitting the information. For that reason, we ask that you do not send us confidential information such as social security or account numbers through an unsecured email.

How Do We Protect Your Information?

The Servicer uses sophisticated secure technology to protect personal information. Although we have taken reasonable measures to provide for the security of certain information that you send to our site, we cannot guarantee that this information will not be intercepted or decrypted by others. We accept no responsibility for such interception or decryption.

Information Security. We utilize Secure Socket Layer (SSL) and Transport Layer Security to safeguard the confidentiality of personal information from unauthorized access or disclosure and accidental loss, alteration or destruction.

Evaluation of Information Protection Practices. Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality and quality of our information.

Employee Access, Training and Expectations. We are committed to the protection of information. In general, our business practices limit employee access to confidential information and the use and disclosure of such information to authorized persons, processes and transactions.

Do We Disclose Information to Outside Parties?

We will provide information about you, website traffic patterns and related website information to our affiliates and/or third parties (including TBOM), as allowed by law.

We also may disclose information provided as described in the section of this document titled How Do We Use the Other Information that You Provide To Us? above.

How Do We Protect Children?

We do not knowingly solicit data from or knowingly market to children. Our website is directed to adult consumers. Parents can use various readily available software packages to prevent their children from accessing websites which they deem to be inappropriate. Parents can choose to utilize other methods to limit the websites to which their children have access.

What About Legally Compelled Disclosure of Information?

We may disclose information when legally compelled to do so; in other words, when we, in good faith, believe that the Servicer requires it or for the protection of our legal rights and as otherwise required by law (such as to respond to the governmental inquiries of TBOM’s regulators).

What About Other Websites Linked to the www.myfortiva.com Website?

We are not responsible for the information practices employed by websites linked to or from our website. Often links to non-Fortiva sites are provided solely as pointers to information on topics that may be of interest to the users of our website.

Please remember that when you use a link to go from our website to another website, the Website Privacy and Security Policy is no longer in effect. Your browsing and interaction on any other website, including websites which have a link on our website, are subject to such other website’s rules and policies. Please read over their rules and policies before proceeding.

Your Consent

By using our website, you consent to our collection and use of your information as described in this Agreement that does not involve transferring nonpublic personal information to unaffiliated third parties. If we change this Agreement for any reason, we will post the changes on our website. We will tell you what information we collect, how we use it and under what circumstances we may disclose it, and we will always provide notices under applicable laws and regulations. We will only share data as allowed by applicable state and federal law.

Copyright ©2024 Atlanticus Services Corporation. All Rights Reserved. Users of this site agree to be bound by the terms of the Website Privacy and Security Policy. We will notify you as required by applicable law of any changes to the Website Privacy and Security Policy.

The Bank of Missouri Privacy Policy
To view The Bank of Missouri Privacy Policy, please click here.

FORTIVA^® CREDIT CARD FEATURES TERMS

Cash Back Reward Program Details (if applicable):

How do I earn cash back rewards?

You will earn a 3% cash back reward when you use your credit card for gas and grocery purchases and utility bill payments. You will earn a 1% cash back reward when you use your credit card for other eligible purchases of goods and services and bill payments. Rewards will be earned when the transaction posts to your account and will remain as long as the purchases and bill payments are not returned or credited.

Purchases do NOT include fees or interest charges, balance transfers, cash advances, or purchases of other cash equivalents. Rewards are not earned for pending transactions.

How do I redeem cash back rewards?

All cash back rewards will automatically be redeemed in the form of an annual statement credit against your purchase balance in the anniversary month of your account opening as long as your account is in good standing.

Rewards can only be redeemed as a statement credit, which lowers your account balance. The statement credit cannot be used toward your minimum payment due or your monthly payment. You cannot request that the rewards be provided in cash.

What does ‘account in good standing’ mean?

An account will be deemed in good standing if it is not suspended, restricted, delinquent or otherwise in default. If your account is not in good standing on the anniversary date, you will not lose your rewards, but you must wait until the next anniversary month to be eligible to receive your rewards.

Additional cash back reward program information:

We may change the terms and conditions of this program or end your participation in the program at any time after the
first anniversary date of your account. Void where prohibited. Full terms and conditions are included with the cardholder agreement that will be furnished upon verification of eligibility.

The Fortiva^® Credit Card is issued by The Bank of Missouri, Perryville, MO. ©2023

These documents are being provided to you for informational purposes only. There are two parts to our Cardholder Agreement: The Pricing Information Addendum and the Cardholder Agreement. The Pricing Information Addendum shows a range of terms that may be offered on new accounts. The terms that apply to you will differ depending on your specific Card offer. The Cardholder Agreement contains important information related to consumer credit cards issued by The Bank of Missouri. Pricing is accurate as of October 2024.

PRICING INFORMATION ADDENDUM

How We Will Calculate Your Balance: We use a method called “average daily balance (including new transactions).” See the additional terms and conditions in your Cardholder Agreement for more details.

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in the additional terms and conditions in your Cardholder Agreement.

Paper Statement Fee: We will charge you a $2 monthly Paper Statement Fee on your Account for each month that you receive a paper billing Statement. You can avoid this fee in each billing cycle that you elect to receive your monthly billing Statement exclusively in electronic form. See the Fees section below for more details.

Variable Rate: If you have a variable rate APR, your APR will be calculated by adding a Margin of 17.49% to 30.75% to the Prime Rate (the index rate). Variable rate APRs will vary with the market based on the Prime Rate. As of October 2024, the Prime Rate (as defined in your Cardholder Agreement) was 8%.

Fixed Rate: If you have a fixed rate APR, your APR will not vary with the market.

CARDHOLDER AGREEMENT

NY RESIDENTS: RETAIL INSTALMENT CREDIT AGREEMENT

U.S. VIRGIN ISLANDS RESIDENTS PLEASE READ THIS: The provisions titled “Using Your Account,” “Disputed Payments-Postdated Checks, Restrictive Endorsement Checks and Other Disputed or Qualified Payments,” “Changes in Terms,” “Assignment; Transfer,” “Arbitration Provision” and “Billing Rights Notice” restrict or reduce your rights.

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 hear disclosures related to the Military Lending Act, please call this toll-free number: 1-866-816-6994.

COVERED MILITARY BORROWERS: If you are a “covered borrower,” as defined under the Military Lending Act, 10 U.S.C. § 987, as amended, (i) the “Arbitration Provision,” (ii) any waiver of right to legal recourse under any state or federal law and (iii) any other provision in this Agreement that is not enforceable against you under the Military Lending Act does not apply to you so long as you are a “covered borrower.”

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT. To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an Account. What this means for you: When you open an Account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

GENERAL This Cardholder Agreement (“Agreement”) governs the use of your revolving credit account (your “Account”). In this Agreement and in your monthly billing statement (“Statement”), “we,” “us,” “our” and “Bank” refer to The Bank of Missouri, including, as applicable, our successors, assignees and representatives. “You,” “your” and “Cardholder” refer to the person who applied and was approved for the Account and, as appropriate, all persons authorized to use the Account. “Application” refers to any (i) written or electronic application or acceptance that you signed or otherwise submitted for this Account or (ii) oral request for credit and a Card, resulting in this Account. “Card” refers to any credit card, Account number or other credit access device (including any convenience check) that we issue to you. Your Application, any Card carrier that we send with your Card and the accompanying Pricing Disclosure, any Automatic Payment Plan form, any other written documents (including any electronic record) evidencing any transactions made under your Account, any notices that we send to you with your Agreement, any special credit terms disclosures in the initial solicitation letter that we sent you including initial Credit Limit terms and any special Credit terms or rewards terms separately or subsequently disclosed to you in writing, are part of and incorporated into this Agreement. Please read and keep these documents for your records. This Agreement begins on the earlier of (a) the date we finally approve your Application for credit or (b) the first date that we extend credit to you, or someone authorized by you on your Account. This Agreement includes an Agreement to Arbitrate Claims (see “Arbitration Provision” below). Where the terms of this Agreement differ from any special terms that we offer to you in writing, the special terms offered will control, but all other terms of this Agreement will remain unchanged.

ACCEPTANCE OF THIS AGREEMENT Your activation of your Card, your use of the Account, or any payment made on the Account, evidences your acceptance of the terms of this Agreement. In New York, this Agreement begins on the first date that you sign a sales slip or memorandum evidencing the purchase of goods or services.

USING YOUR ACCOUNT You can use your Card to purchase or lease goods or services (including mail, telephone, and electronic orders) from participating establishments (each a “Purchase”) up to any credit limit we may establish for you (your “Credit Limit”). You can also use your Card to obtain a cash loan (“Cash Advance”) by presenting your Card to any institution that accepts the Card for that purpose or by making a withdrawal of cash at an ATM. Transactions made with your Account for things like money orders, deposits, wire transfer money orders, travelers cheques, foreign currency and other similar transactions, will be treated as Cash Advances. From time to time, we may also permit you to obtain credit from us by making a payment to another creditor of yours (“Balance Transfer”) using forms or other means provided by us. Except as otherwise specifically provided in this Agreement, a Balance Transfer generally is treated as a Cash Advance under this agreement, but the rate of interest and any fees that may be imposed at the time of transfer may differ from those applicable to other Cash Advances. You may use your Account only for personal, family, or household purposes. You may not use your Card or your Account for any illegal transaction or any gambling transaction. We may decline transactions for any reason, including, but not limited to, operational matters, default, or suspected fraudulent or unlawful activity. Transactions above a certain dollar amount may require authorization by us before the transaction can be approved. We will not be liable for the failure to authorize credit because of operational difficulties or mistakes. We may limit the number and amount of transactions approved in one day for security reasons, without any liability to you. We are not responsible for any losses associated with a declined transaction.

AUTHORIZED USERS If you ask us to issue a Card to any other person and we agree to issue them a Card, they are an “Authorized User” of your Account and will be bound by the terms of this Agreement. We will impose an Additional Card Fee (Authorized User) to issue a Card to an Authorized User as described below. See the “Fees” section below. We may require certain information about them before issuing a Card. We may limit their ability to use their Card. You authorize them to have access to important information about your Account including available credit so that they can use their Card responsibly. You will be responsible for use of the Account by them and by anyone they allow to use your Account, even if you did not want, or did not agree to, that use. If you want to remove an Authorized User from your Account, you must contact Customer Service and request their removal. You also must immediately destroy all Cards in their possession and cancel any transactions that they may have set up on your Account before their removal. You will be responsible for transactions that they set up before they were removed even if these amounts do not appear on your Account until later. Authorized Users may remove themselves from your Account upon request. We reserve the right to remove them from your Account for any reason. To remove them from your Account, we may choose to close your existing Account and issue you a new Account and replacement Card with a new number.

REWARDS Your Account may provide you with the opportunity to earn rewards. If it does, we will separately provide you with information and terms about the rewards.

HONORING YOUR CARD We are not liable if a merchant, ATM, or other institution does not honor your Card, or if your Card malfunctions.

PROMISE TO PAY You agree to be bound by the terms and conditions of this Agreement. You promise to pay for all Purchases, Cash Advances, Balance Transfers, and all other amounts owed to us under the terms of this Agreement. You promise to make all payments in U.S. dollars and to submit for payment of your Account only checks or other items drawn on U.S. financial institutions.

YOUR CREDIT LIMIT You agree not to use and not to allow any Authorized User to use your Account in any way that would cause you to go over your Credit Limit. We may refuse to authorize or accept any transaction on your Account that would cause you to exceed your Credit Limit. We may establish different Credit Limits for different features of your Account in addition to a general (total) Credit Limit. If you exceed your Credit Limit, you must pay us the excess amount promptly. We reserve the right not to increase your available credit by the amount of any payment received, for a
period of up to four (4) business days from the date of receipt to provide for processing and verification. Processing speeds can vary depending on how your payment is cleared.

Your Account represents a continuing offer to extend further credit to you which may be withdrawn at any time. We reserve the right to change (to set, increase, decrease or remove) the Credit Limit for your Account from time to time in accordance with this Agreement and applicable law. Certain changes in your Credit Limit may occur without prior written notice to you and may be based upon factors including, but not limited to, anti- fraud policies and procedures, your record of making timely payments and staying within your established Credit Limit, your credit score and information contained in your credit report and your proper maintenance of any checking account used to make automatic payments, if applicable.

If finally approved for an Account, your initial Credit Limit(s) will appear on your Card carrier. Your current Credit Limit(s) can be found on your Statement or provided upon request. We do not accept Credit Limit increase requests.

You have the right to receive an answer to a written inquiry concerning the status of your Account.

SPECIAL TERMS When we solicit you for an account or from time to time thereafter, we may offer special terms in connection with your Account. These special terms may be limited to certain qualifying transactions. The period of time that special terms may be available may be limited. Information specific to any special terms will be provided at the time of offer. If you accept a qualified solicitation offer or use your Account to enter into a qualifying transaction, you will be deemed to have acknowledged and agreed to the special terms disclosed at the time of the offer, which terms may be modified or differ from the regular terms of this Agreement. No formal amendment of this Agreement will be necessary, and all terms of this Agreement will remain applicable except those inconsistent with the disclosed special terms of the offer. If at any time you fail to comply with the terms of this Agreement as modified by the special terms of an offer or are otherwise in default of any obligation you owe us, then we may, in our sole discretion, immediately terminate any special offer terms. We will notify you of the termination of any special terms if (and as) expressly required by law.

DEFAULT Unless prohibited by applicable law, you will be in default under this Agreement if you: (i) do not make at least the Minimum Payment required from time to time on or before its Payment Due Date; (ii) exceed your Credit Limit without permission; (iii) tender a payment on your Account and your payment is returned to us unpaid or otherwise rejected for any reason; (iv) become subject to bankruptcy or insolvency proceedings; (v) become subject to attachment or garnishment proceedings; (vi) give us any misleading, false, incomplete or incorrect information or false or fraudulent signature; (vii) die; or (viii) fail to comply with any term of this Agreement or any other agreement that you have with us. Subject to any notice of default and right to cure or other limitation of applicable law, if you are in default, we may, in addition to any other rights that we may have under this Agreement: (i) reduce your Credit Limit or cancel your Account; (ii) require you to pay your entire Account balance (including accrued but unpaid interest and any other fees and charges provided for in this Agreement) immediately; and/or (iii) bring an action to collect all amounts owed.

You agree to pay, to the greatest extent not prohibited by law, our reasonable attorneys’ fees and any collection costs and disbursements and court fees related to the collection of your Account.

CANCELLATION We may cancel your Account, refuse to allow further transactions, offer credit on different terms, or adjust the amount of credit available to you at any time, with or without cause, subject to applicable limitations of law. We may terminate further transactions on your Account without notice if you change your address to a jurisdiction in which we do not make credit available at that time. You may close your Account by writing to us at Account Services, P.O. Box 105555 Atlanta, GA 30348-5555. The terms of this Agreement will continue to apply to any balance that you owe us until you have paid everything you owe, including any interest and fees due. Account cancellation may adversely affect your credit history.

STATEMENTS We will send you a Statement for each monthly billing cycle in which (i) the balance of your Account (including unpaid Purchases, Cash Advances and any Balance Transfers, interest and other fees and charges) on the last day of that billing cycle (the “New Balance”) is greater than $1 (debit or credit); (ii) we impose interest or a fee; (iii) there is any other activity on your Account; or (iv) as otherwise required by applicable law. Your Statement will show, among other things, the total minimum payment you must make during the billing cycle (the “Minimum Payment”) and the date that the Minimum Payment is due (the “Payment Due Date”). If you receive a paper Statement, you may be charged a Paper Statement Fee as described in the Fees section below.

PAYMENT REQUIREMENTS AND CREDITING

Minimum Payment You agree to pay at least the Minimum Payment shown on your Statement by the Payment Due Date shown on the Statement. You may, at any time, pay off your entire balance in full or more than the Minimum Payment due without incurring any additional charge. We reserve the right to change your Minimum Payment requirement from time to time. The Minimum Payment due each month will be an amount equal to the Required Minimum Payment Calculation disclosed in the accompanying Pricing Disclosure. If your New Balance is less than your Minimum Payment, your New Balance is due in full. You may at any time make additional payments without penalty.

Authorization Agreement for Automatic Payments By enrolling in the Automatic Payment Plan, you are agreeing to participate in the Automatic Payment Plan and acknowledge and agree to the following: You authorize us to initiate electronic funds transfers (EFTs) by debit entries drawn on the bank account, debit or credit card you have identified to us in your application for this Account or any other account that you identify to us from time to time (“Bank Account”) in the amount of (i) your required Minimum Payment (excluding any overlimit amount), (ii) Statement Balance, as modified by you from time to time, when due. The amount of your Automatic Payment Plan payment may vary if you make additional payments. If you have a Deferred Interest Plan and you enroll in our Automatic Payment Plan, you will need to make one or more additional payments by mail or by phone to avoid interest. The Minimum Payment due calculation for the Automatic Payment Plan does not include any overlimit amount, therefore the automatic payment deduction may be less than the minimum payment due on your monthly Billing statement. You will need to make an additional payment for the amount that your Account is overlimit. You have the right to receive notice of all electronic fund transfers from your Bank Account that vary in amount, and by enrolling, you agree that your monthly Statement will serve as your notice of the amount of your monthly payment,(excluding any overlimit amount). You may change the amount to be deducted or withdrawn at any time. Your new monthly payment will be effective within 3 business days of our receipt of your instruction. (1) We will initiate authorized EFTs each month on or after the Payment Due Date shown on your monthly Statement. (2) You agree that in the event any debit is rejected or dishonored we may reinitiate the debit once. (3) You have provided us with all necessary information for the Bank Account that you wish us to debit and the Bank Account on which the Automated Clearing House (ACH) debit is authorized, is a legitimate, open, and active account. You agree to notify us promptly if this information changes. (4) The origination of Automated Clearing House (ACH) transactions must comply with the provisions of U.S. law. (5) This Automatic Payment Plan is optional. Once enrolled, automatic payments will continue until you notify us that you wish to terminate your enrollment in the Automatic Payment Plan, or until we terminate your enrollment. You may terminate your enrollment by calling Customer Service at the telephone number shown on your monthly Statement. You must give any notice of termination in such a manner and sufficiently in advance to allow us and your financial institution a reasonable opportunity to act. We may terminate your enrollment if you fail to keep your Account or your Bank Account in good standing. Delinquency or closure of either account, for any reason, may result in immediate termination of your enrollment in the Automatic Payment Plan. Also, if there are insufficient funds in your Bank Account to process any payment, your enrollment in the Automatic Payment Plan may be terminated immediately. (6) We are not responsible for any fees that may be charged by your depository institution as the result of your participation in the Automatic Payment Plan. (7) You have the right to review your accounts and to withdraw any privileges previously granted. (8) Participation in the Automatic Payment Plan is not a requirement of continuing credit under your Account. Enrollment in the Automatic Payment Plan is optional.

Right to Stop Payment and Procedure For Doing So: If you have scheduled monthly payments through the Automatic Payment Plan, you can tell us to stop any of these payments by calling Customer Service at the telephone number shown on your monthly Statement, by sending an e-mail to service@myfortiva.com or by writing to us at Customer Service–Automatic Payment Plan Department, P.O. Box 105555, Atlanta, GA 30348-5555. If you send us an email or write to us, your request must reach us at least three (3) business days before the scheduled Payment Due Date. If you call us, we may require you to put your request in writing and to deliver your request to us within 14 days after you call. We may charge you a fee for each stop payment request that you give us. If you tell us to stop a payment at least 3 business days before the Payment Due Date and we do not stop payment, we will be liable for your losses or damages.

Alternative Payment Methods If you know that we will be unable to process a scheduled automatic payment for any reason, then to avoid a late payment charge, you must promptly send a certified check or money order to the “Payment Address” shown on the front of your monthly Statement, or, if offered, you may take advantage of any pay-by-phone or online payment service that we may make available to you from time to time. If you make an alternative payment by postal mail or by pay-by-phone or online service while you are enrolled in an Automatic Payment Plan, we may treat such payment as an additional payment and process your next Automatic Payment Plan payment as scheduled or may reduce your next Automatic Payment Plan payment by the amount of any such additional payment received.

Instructions for Mailed Payments If you pay by check or other written instrument, all payments, except disputed amounts, must be mailed or delivered to us at the address for payments shown on your monthly Statement. Payments received at the address on the payment coupon by 5:00 p.m. Central Time, Monday through Friday (except legal holidays) will be credited to your Account as of the date received. Payments must be received with the payment coupon (bottom portion) of your Statement in the enclosed return envelope. If payments are received at any other location or without your payment coupon, crediting of those payments to your Account may be delayed.

Notice About Electronic Check Conversion. By providing a paper check as payment, you authorize us to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use the information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution.

Application of Payments Subject to the requirements of applicable law, we will apply payments first to unpaid interest, fees and other charges, then to Cash Advance transactions in the order in which they are posted to your Account and finally to Purchase transactions in the order in which they are posted to your Account. We may apply payments to balances subject to special terms (including Balance Transfers, convenience checks and other promotions) prior to non-promotional balances. We may change the order of payment application in our sole discretion from time to time, subject to applicable law.

Disputed Payments-Postdated Checks, Restrictive Endorsement Checks and Other Disputed or Qualified Payments You agree not to send us partial payments marked “paid in full,” “without recourse,” or similar language. If you send such a payment, we may accept it without losing any of our rights under this Agreement. All notices and written communications concerning postdated checks, restrictive endorsement checks (including any check or other payment instrument that indicates that the payment constitutes “payment in full” of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount) or any other disputed, nonconforming or qualified payments, must be mailed or delivered to Dispute Resolution, P.O. Box 105374, Atlanta, GA 30348-5374. We may also accept late, postdated or partial payments without losing any of our rights under the credit agreement governing your Account. (A postdated check is a check dated later than the day it was actually presented for payment.) We are under no obligation to hold a postdated check and we reserve the right to process every item presented as if dated the same date received by us or our check processor unless you give us adequate notice and a reasonable opportunity to act on it. Except where such notice and opportunity are given, you may not hold us liable for depositing any postdated check.

INTEREST

Interest When your Account has an outstanding balance, we will assess periodic interest using a monthly periodic rate of interest. The monthly periodic rate is determined by dividing the annual percentage rate (“APR”) by 12. Unless otherwise stated in your Pricing Disclosure, your APRs, and corresponding monthly periodic rates, will vary with the market based on the Prime Rate, but no APR will exceed an annual percentage rate of 36%. See the accompanying Pricing Disclosure for the APRs and any “per transaction” interest charges applicable to your Account. Interest will be imposed in amounts or at rates not in excess of those permitted by law.

Balances Subject To Interest We figure the interest charge on your Account by applying the applicable monthly periodic rate to the “average daily balance” of your Account. We calculate the average daily balance separately for each type of balance (e.g., separately for Purchases, for Cash Advances and for each balance subject to special terms such as Balance Transfers). For each type of balance, we take the beginning balance each day (including accrued but unpaid interest charges), add new transactions (including purchases, cash advances and balance transfers) and any applicable fees, and subtract the applicable portion of any payments or credits. This gives us the daily balance for each type of balance. Then, we add up all the daily balances for a particular type of balance for the billing cycle and divide the total by the number of days in the billing cycle. This gives us the “average daily balance” for that type of balance.

When Interest Begins To Accrue, Grace Period Except as provided below, Purchases, Cash Advances and Balance Transfers begin to accrue interest from the date of the transaction (or, at our option, from the date they are posted to your Account) and continue to accrue interest until the charge is paid in full. You will have at least a 25 day grace period (“Grace Period”) on Purchases. This means you have at least 25 days from the closing date on your monthly statement to pay for new Purchases before we charge interest on them. However, the Grace Period will apply only in billing periods when (1) you paid the previous balance in full or (2) you had a previous balance of $0.00 or a credit balance. (The previous balance is the balance identified as the New Balance on the monthly statement for the previous billing period, subject to subsequent adjustment, as appropriate.) When the Grace Period applies, we will not impose interest on (1) any new Purchases if we receive payment of the appropriate full New Balance on the monthly statement for that billing period by the due date shown on that statement or (2) the portion of the Purchase balance repaid if we receive payment of only part of the New Balance by the due date. There is no time period within which you can avoid interest on Cash Advances or Balance Transfers.

Deferred Interest Balances If you make a Purchase under a special Deferred Interest Plan promotion, we will calculate interest for each cycle as described above. To avoid such interest you must pay the total Purchase amount and accrued fees and charges that are subject to deferred interest (“Promotional Balance”) in full by the last day of the promotional period as shown in the Deferred Interest Charge Calculation notice on the front of your monthly Statement. Making only minimum monthly payments during the promotional period will not pay off your Promotional Balance by the last day of the promotional period. If you do not pay your Promotional Balance in full by such date, then the interest that has accrued from the date of purchase through and including the last day of the promotional period (Deferred Interest Charge) will be added to your regular Purchase balance.

FEES

The following fees may be added to your Account (as a Purchase unless otherwise stated):

Annual Fee If applicable, you agree to pay an Annual Fee upon Account opening and annually thereafter. If your Account is subject to an Annual Fee your Annual Fee will appear on your monthly Statement and thereafter on the anniversary date of your Account as long as your Account is open or you have an outstanding balance.

Account Maintenance Fee If your Account is subject an Account Maintenance Fee, the amount of the fee is disclosed in the accompanying Pricing Disclosure. Account Maintenance Fees are billed each month as long as your Account is open, or you have an outstanding balance. Your payment of an Account Maintenance Fee does not affect our right to close your Account or our ability to limit transactions on your Account.

Balance Transfer Fee If your Account is subject to a Balance Transfer Fee, the amount of the fee is disclosed in the accompanying Pricing Disclosure. Balance Transfer Fees are charged on each Balance Transfer. This fee is deemed additional interest and will be added to your Balance Transfer balance.

Cash Advance Fee If your Account is subject to a Cash Advance Fee, the amount of the fee is disclosed in the accompanying Pricing Disclosure. Cash Advance Fees are charged each time you obtain a Cash Advance. This fee is deemed additional interest and will be added to your Cash Advance balance.

Foreign Transaction Fee If your Account is subject to a Foreign Transaction Fee, the amount of the fee is disclosed in the accompanying Pricing Disclosure. Foreign Transaction Fees are charged on any transaction made in a foreign currency that is converted to U.S. Dollars. This fee is deemed additional interest and will be added to the appropriate Purchase, Cash Advance or Balance Transfer balance

Late Payment Fee If you fail to make a timely payment, you agree to pay a Late Payment Fee in an amount up to the maximum fee permitted under Section 12 C.F.R. § 1026.52(b) as established from time to time by advance notice to you and disclosed in the accompanying Pricing Disclosure. For PR residents, you agree to pay the lesser of $15 or 5% of the payment due for payments that are over 15 days late. No Late Payment Fee will exceed the amount of the related missed payment.

Returned Payment Fee To the greatest extent not prohibited by law, if any payment is dishonored or returned, you agree to pay a Returned Payment Fee in an amount up to the maximum fee permitted under Section 12 C.F.R. § 1026.52(b) as established from time to time by advance notice to you and disclosed in the accompanying Pricing Disclosure. No Returned Payment Fee will exceed the amount of the refused or returned payment.

Additional Card Fee (Authorized User) We will impose a fee for allowing access to another person who is not responsible for the repayment of the Account. The amount of the Additional Card Fee (Authorized User) is disclosed with the accompanying Pricing Disclosure.

PAPER STATEMENT FEE We will charge you a $2 monthly Paper Statement Fee on your Account in any billing cycle in which your balance is greater than $1 and you are sent a monthly billing Statement in paper form, even if you also are provided it in electronic form. You can avoid this fee in each billing cycle that you elect to receive your monthly billing Statement exclusively in electronic form. To receive Billing Statements in electronic form, you may enroll in Paperless Communications through your Account Center. Please contact us at 1-877-785-7908 or Account Services, P.O. Box 105555, Atlanta, GA 30348-5555, if you are not able to receive Paperless Communications or electronic disclosures.

REFUND OF INTEREST AND FEES We will credit all interest and fees to your Account if you close your account within 30 days of receiving your initial Agreement and you make no charges to your Account. After such 30-day period, interest and fees generally are no longer avoidable or refundable and you will be responsible for paying all interest and fees charged to your Account.

CONSENT TO RECEIVE ELECTRONIC DISCLOSURES If, when you applied for your Account or accepted an offer and verified your eligibility for an Account, you agreed to receive electronic notices and disclosures in connection with your Account (whether at an electronic mail address that you provided in your Application, at a website that we designate or otherwise), then, to the extent not prohibited by law, we may send notices concerning the availability of Statements and other Account-Related notices and disclosures to you at the electronic mail address that you provided in your Application, any updated electronic mail address that you provide to us in writing, or on a website that we designate or otherwise, as mutually agreed. If you subsequently choose to receive notices and disclosures by postal mail rather than electronically, then you agree to provide us with an updated postal address in a timely manner to allow us to comply with any applicable requirements of law. If you did not agree to receive electronic notices and disclosures in connection with your Account when you applied for your Account, you may agree to receive notices and disclosures electronically once your Account is open by enrolling in electronic communications in your Account Center.

MONITORING AND RECORDING To ensure that you receive quality service, you agree that we may record all phone calls. These calls, between you and our representatives, are evaluated by supervisors. It is our goal to provide prompt, consistent assistance and deliver accurate information in a professional manner.

COMMUNICATING WITH YOU; CONSENT TO CONTACT BY ELECTRONIC AND OTHER MEANS We may contact you for any lawful reason, including for the collection of amounts owed to us and for the offering of products or services in compliance with our Privacy Notice in effect from time to time. No such contact will be deemed unsolicited. To the greatest extent not prohibited by applicable law, we may (i) contact you at any address or telephone number (including wireless cellular telephone, VoIP or ported landline telephone number) that you may provide to us from time to time; (ii) use any means of communication, including, but not limited to, postal mail, electronic mail, telephone, or other technology, to reach you; and (iii) use automatic dialing and announcing devices which may play recorded messages. Standard text messages and data rates my apply.

NOTICE OF CHANGES IN YOUR ELECTRONIC MAIL, TELEPHONE NUMBER OR OTHER INFORMATION You agree to notify us promptly of any change in your electronic mail address, your postal address, your home telephone number, place of employment or other information provided in your Application or otherwise provided to us from time to time, including porting a landline telephone number to a cellular number or VoIP, by writing to us at Account Services, P.O. Box 105555, Atlanta, GA 30348-5555 or by calling us at 1-877-785-7908.

CHANGES IN TERMS We may, at any time in accordance with this Agreement and subject to the requirements of applicable law: (i) terminate this Agreement; (ii) terminate your right to make future Purchases or take future Cash Advances or Balance Transfers;(iii) change your Credit Limit; or (iv) add new terms or delete or change any terms and conditions of this Agreement relating to your Account including changing from a non-variable to a variable periodic rate, increasing any rate of interest, increasing or adding fees or charges, changing the method of computing the balance upon which interest is assessed or changing the date upon which interest begin to accrue (but excluding any changes to the accompanying Arbitration Provision). Changes to your Account that are favorable to you may be made at any time without prior notice. Changes in terms may be based upon factors including, but not limited to, anti-fraud policies and procedures, your record of making timely payments and staying within your established Credit Limit on your Account with us, your credit score and information contained in your credit report and your proper maintenance of any checking account used to make your automatic payments, if applicable. When required by applicable law, we will provide you with written notice of a new or deleted term or change in terms and offer you the right to reject terms in the manner specified at the time of notice. No new term or change in the terms of this Agreement will affect your obligation to pay all amounts owing under this Agreement.

ASSIGNMENT; TRANSFER We may sell, assign or transfer all or any portion of your Account and all or any portion of our rights under this Agreement to any other person without prior notice to you. You may not sell, assign or transfer any of your rights under this Agreement.

LOST CARDS AND UNAUTHORIZED USE Contact us immediately if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe that your Card has been lost or stolen, or that someone has made a Purchase on or transferred or may transfer money from your Account without your permission, call us at 1-855-802-5572. You will not be liable for any such unauthorized use that occurs after you notify us. You may, however, be liable for such unauthorized use that occurs before you notify us. In any case, your liability for such unauthorized use will not exceed $50. Under Mastercard Rules, your liability for unauthorized Mastercard transactions on your Account is $0 if you notify us within two (2) business days and you exercise reasonable care in safeguarding your Card from loss, theft or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period.

CREDIT REPORTS AND INFORMATION

Credit Reports You authorize us to make or have made any credit, employment or other investigative inquiries we deem appropriate to renew, review or collect amounts owed to us on your Account. We also may obtain follow-up credit reports on you for any lawful purpose as long as you have an outstanding balance. Upon your request to us at Account Services, P.O. Box 105555, Atlanta, GA 30348-5555, we will inform you of the name and address of each consumer reporting agency from which we obtained a consumer report, if any, relating to you. We may also obtain information about your credit worthiness and employment from others.

Notice of Information Reporting We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report.

Information Sharing You acknowledge and agree that we may share information about you with others in accordance with our Privacy Notice (a copy of which we will provide to you and may be obtained from www.myfortiva.com/my-account as it is in effect from time to time).

Notice of Inaccurate Information If you believe that we have information about you that is inaccurate or that we have reported or may report to a credit reporting agency information about you that is inaccurate, please notify us of the specific information that you believe is inaccurate by writing to us at Account Services, P.O. Box 105555, Atlanta, GA 30348-5555.

ARBITRATION PROVISION (AGREEMENT TO ARBITRATE CLAIMS)

Unless you are a “covered borrower,” as defined under the Military Lending Act, 10 U.S. C. § 987, as amended, and except as otherwise stated below, any Claim (as defined below) will be resolved by binding arbitration pursuant to (a) this Arbitration Provision and (b) the Code of Procedure of the national arbitration organization to which the Claim is referred (as in effect when the Claim is filed). Claims will be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. Streamlined arbitration procedures will be used if available. If a selection by us of one of these organizations is unacceptable to you, you have the right, within 30 days after you receive notice of our election, to select the other organization listed to serve as arbitration administrator. For purposes of this Arbitration Provision, “Claim” means any claim, dispute or controversy (whether in contract, tort, or otherwise), past, present or future, (collectively, “Claims”) as further described below. (If for any reason a selected organization cannot, will not or ceases to serve as an arbitration administrator, you or we may substitute another widely recognized arbitration organization that uses a similar code of procedure and is mutually acceptable to the parties.)

Right To Reject Arbitration. You may reject this Arbitration Provision. If you do so, neither you nor we will have the right to engage in arbitration. Rejecting this Arbitration Provision will have no effect on any of the other provisions in this Agreement. To reject this Arbitration Provision, you must send us your written rejection within 60 days after we open your Account, or 60 days after any change in terms that affects this Arbitration Provision, to Account Services Dispute Resolution, P.O. Box 105096, Atlanta, GA 30348-5096; ATTN: Consumer Credit Arbitration. In your letter, you must give us the following information: Name, Address and Account number. The right to reject granted here applies solely to this Arbitration Provision, and not to any other provision of this Agreement, or to any other agreement with us. In the event of a dispute over whether you have provided a timely rejection notice, you must provide proof of delivery. Neither party may elect to arbitrate an individual Claim brought in small claims court (or your state’s equivalent court, if any). However, if a Claim that is brought in small claims court is transferred or appealed to a different court, either party may elect arbitration.

Changes to Arbitration Provision We will provide you with at least 30 days’ advance written notice of any proposed new or deleted term or change in terms of this Arbitration Provision. You will have a fresh right to reject any such proposed changes (and only such proposed changes) in the same manner as specified above for the original provision commencing at the time of notice.

Significance of Arbitration; Limitations and Restrictions. IF YOU OR WE CHOOSE TO RESOLVE A CLAIM BY BINDING ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO (i) HAVE A COURT OR JURY DECIDE THE CLAIM BEING ARBITRATED (ii) ENGAGE IN PRE-ARBITRATION DISCOVERY (THAT IS, THE RIGHT TO OBTAIN INFORMATION FROM THE OTHER PARTY) TO THE SAME EXTENT THAT YOU OR WE COULD IN COURT, (iii) PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS IN A CLASS ACTION, IN COURT OR IN ARBITRATION, RELATING TO ANY CLAIM SUBJECT TO ARBITRATION OR (iv) JOIN OR CONSOLIDATE CLAIMS OTHER THAN YOUR OWN OR OUR OWN. OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Except as set forth below, the arbitrator’s decision will be final and binding. Only a court may decide the validity of items (iii) and (iv) above. If a court holds that items (iii) or (iv) are limited, invalid or unenforceable, then this entire Arbitration Provision will be null and void. You or we can appeal any such holding. If a court holds that any other part(s) of this Arbitration Provision (other than items (iii) and (iv)) are invalid, then the remaining parts of this Arbitration Provision will remain in force. An arbitrator will decide all other issues pertaining to arbitrability, validity, interpretation, and enforceability of this Arbitration Provision. The decision of an arbitrator is as enforceable as any court order and may be subject to very limited review by a court. An arbitrator may decide a Claim upon the submission of documents alone, or a party may request a telephonic hearing if permitted by applicable rules. The exchange of non-privileged information relevant to the Claim, between the parties, is permitted and encouraged. Either party may submit relevant information, documents or exhibits to the arbitrator for consideration in deciding a Claim.

Broad Meaning of “Claims.” The term “Claims” in this Arbitration Provision is to be given the broadest possible meaning and includes (by way of example and without limitation) Claims arising from or relating to (i) the application for or issuance of your Account, (ii) use, terms, change in terms or addition of terms, closing or collection of your Account or this Agreement, (iii) advertisements, promotions or oral or written statements related to your Account, including any Claims regarding information obtained by us from, or reported by us to, credit reporting agencies or others, (iv) Claims between you and our parent corporations, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, employees, officers, directors or representatives arising from your Account or this Agreement and (v) Claims regarding the validity, enforceability or scope of this Arbitration Provision or this Agreement.

Arbitration Procedure and Costs. For a copy of relevant codes of procedure, to file a Claim or for other information about JAMS and AAA, write them, visit their web site or call them at: (i) for JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614 or info@jamsadr.com, http://www.jamsadr.com, 1-800-352-5267; or (ii) for AAA, 1633 Broadway, 10th Floor, New York, NY 10019 or websitemail@adr.org, http://www.adr.org, 1-800-778-7879. If either party fails to submit to arbitration following a proper demand to do so, that party will bear the costs and expenses, including reasonable attorneys’ fees, incurred by the party compelling arbitration. Any physical arbitration hearing that you attend will be held in the federal judicial district where you live at the time the Claim is filed. The party initiating the arbitration will pay the filing fee. You may seek a waiver of the initial filing fee or any other fees incurred in arbitration. If you seek, but do not qualify for, a waiver, we will consider any written request by you for us to pay or reimburse you for all or part of such fees. Each party will pay for its respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration. A party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. Allocation of fees and costs relating to appeals in arbitration will be handled in the same manner. For an explanation and schedule of the fees that apply to an arbitration proceeding with JAMS, please visit http://www.jamsadr.com/rules-streamlined-arbitration; for AAA, visit https://www.adr.org/Rules. The appropriate fee schedule in effect from time to time is hereby incorporated by reference into this Arbitration Provision. The cost of arbitration may be higher or lower than the cost of bringing your Claim in court, depending upon the nature of your Claim and how the arbitration proceeds. Having more than one Claim and holding face-to-face hearings can increase the cost of arbitration. Again, neither you nor we will be permitted to arbitrate claims on a class-wide (that is, on other than an individual) basis. An arbitration proceeding can decide only your or our Claims. You cannot join other parties (or consolidate Claims) except with respect to persons who use your Account.

Governing Law for Arbitration. This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and will be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1 et seq., as amended, and, with regard to the making of this Arbitration Provision or any other issue not exclusively governed by the FFA, the laws of Missouri (without regard to internal principles of conflict of laws). We receive your acceptance of this Arbitration Provision (by activation of your Card, use of your Account or constructive assent by other means) and any related opt-out notices, in Missouri. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law. Judgment upon any arbitration award may be entered and enforced, including without limitation by garnishment, attachment, foreclosure or other post-judgment remedies, in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA, in which case any party can appeal the award to a three-arbitrator panel administered by the selected arbitration administrator. The panel will reconsider de novo (that is, without deference to the ruling of the original arbitration) any aspect of the initial award requested by the appealing party.

Continued Effect of Arbitration Provision. This Arbitration Provision will continue to govern any Claims that may arise without regard to any termination or cancellation of your Account. If any portion of this Arbitration Provision (other than the provisions prohibiting class-wide arbitration, joinder or consolidation) is deemed invalid or unenforceable under the FAA, it will not invalidate the remaining portions of this Arbitration Provision. If a conflict or inconsistency arises between the code of procedures of the selected arbitration administrator and this Arbitration Provision, this Arbitration Provision will control.

DELAY IN ENFORCEMENT We can delay or waive enforcing any of our rights under this Agreement or under applicable law without losing any of those rights or any other rights. Even if we do not enforce our rights or remedies at any one time, we may enforce them at a later time.

SEVERABILITY Except as otherwise expressly provided in the Arbitration Provision, if any provision of this Agreement is finally determined to be void or unenforceable under applicable law, rule or regulation, all other provisions of this Agreement shall still be valid and enforceable. Certain provisions of this Agreement are stated as being subject to applicable law. Such provisions may be void, unenforceable or inapplicable in some jurisdictions.

ENTIRE AGREEMENT This Agreement, including any other written, oral or electronic document incorporated into and made a part of this Agreement, is the entire agreement between you and us relating to your Account and supersedes any other prior or contemporaneous agreement between you and us relating to your Account. If there is any conflict between any one of these documents and this Agreement, the terms of this Agreement control. This Agreement may not be amended except in accordance with the other provisions of this Agreement.

GOVERNING LAW FOR CREDIT This Agreement, and any claim, dispute or controversy (whether in contract, tort, or otherwise) at any time arising from or relating to this Agreement, are governed by and construed in accordance with applicable federal law and, to the extent not preempted by federal law, the laws of Missouri (without regard to internal principles of conflict of laws), except that the accompanying arbitration provision is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq, and the laws of Missouri (without regard to the internal principles of conflict of laws), as provided in the Arbitration Provision. The legality, enforceability and interpretation of this Agreement and the amounts contracted for, charged and reserved under this Agreement will be governed by such laws. We extend credit pursuant to Section 408.145 of the Missouri Revised Statutes. You agree that this Agreement is made, executed and delivered in Missouri and that we make all credit decisions, open all accounts and issue all proceeds from, impose all fees and charges in and receive all payments from you, in our offices in Missouri. To the extent not preempted by federal law or subject to Missouri law, for purposes of state law compliance, in Maryland we have elected Section 12-103(a)(1) of the Interest and Usury statute and the Revolving Credit Accounts statute (see Md. Com. Law Code § 12-103(a)(1) and §§ 12-501 et seq.).

YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED (ELECTRONICALLY OR OTHERWISE) AN EXACT, COMPLETELY FILLED-IN, LEGIBLE COPY OF THIS AGREEMENT, HAVE READ IT AND AGREE TO ITS TERMS.

NOTICE TO THE BUYER

1. DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES.
2. YOU ARE ENTITLED TO AN EXACT, COMPLETELY FILLED IN, COPY OF THE AGREEMENT YOU SIGN.
3. YOU HAVE THE RIGHT TO PAY, IN ADVANCE, THE FULL AMOUNT DUE.

CA and UT RESIDENTS: As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

MD RESIDENTS: You have the right under Section 12-510 of the Commercial Law Code to receive an answer to your written inquiry regarding the status of your Account.

MO RESIDENTS: Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect you (borrower) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it.

NH RESIDENTS: This Agreement provides for reasonable attorneys’ fees to be awarded to us in an action against you involving this Agreement. Reasonable attorney’s fees will be awarded to you if you prevail in any action, suit or proceeding brought by us; or an action brought by you. If you successfully assert a partial defense or set-off, recoupment or counterclaim to an action brought by us the court may withhold from us the entire amount or such portion of the attorney fees as the court considers equitable.

NJ RESIDENTS: Because certain provisions of this Agreement are subject to applicable law, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey.

WI RESIDENTS: No provision of a marital property agreement, a unilateral statement under section 766.59 or a court decree und er section 786.70 adversely affects the interest of the creditor unless the creditor, prior to the time the credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred.

BUYER/CARDHOLDER Your name and address, our name and address and the date on any Application or any other document or record you sign in connection with your Account are incorporated here and made a part of this Agreement and represent your name and address, our name and address, and the date on this Agreement. An electronic record of your request for or acceptance of an Account or the consummation of a sales transaction under this Agreement can represent your signature on this Agreement.

CREDITOR /s/ THE BANK OF MISSOURI, PERRYVILLE, MO

Rev. Date: May2023

BILLING RIGHTS NOTICE

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:

Account Services Dispute Resolution

P.O. Box 105374

Atlanta, GA 30348-5374

In your letter, give us the following information:

• Account information: Your name and account number.
• Dollar amount: The dollar amount of the suspected error.
• Description of problem: If you think there is an error on your 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 use this right, all of the following must be true:

1. The Purchase must have been made in your home state or within 100 miles of your current mailing address, and the Purchase price must have been more than $50. (Note: Neither of these are necessary if your Purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
   2. You must have used your Credit Card for the Purchase. Purchases made with Cash Advances from an ATM or with a check that accesses your credit card account do not qualify.
   3. You must not yet have fully paid for the Purchase.

If all of the criteria above are met and you are still dissatisfied with the Purchase, contact us in writing at:

Account Services Dispute Resolution
P.O. Box 105374
Atlanta, GA 30348-5374

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.

These documents are being provided to you for informational purposes only. There are two parts to our Cardholder Agreement: The Pricing Information Addendum and the Cardholder Agreement. The Pricing Information Addendum shows a range of terms that may be offered on new accounts. The terms that apply to you will differ depending on your specific card offer. The Cardholder Agreement contains important information related to consumer credit cards issued by The Bank of Missouri. Pricing is accurate as of October 2024.

PRICING INFORMATION ADDENDUM

How We Will Calculate Your Balance: We use a method called “average daily balance (including new transactions).” See the additional terms and conditions in your Cardholder Agreement for more details.

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in the additional terms and conditions in your Cardholder Agreement.

Paper Statement Fee: We will charge you a $2 monthly Paper Statement Fee on your account for each month that you receive a paper billing statement. You can avoid this fee in each billing cycle that you elect to receive your monthly billing statement exclusively in electronic form. See the Fees section below for more details.

Variable Rate: If you have a variable rate APR, your APR will be calculated by adding a Margin of 17.49% to 30.75% to the Primate Rate (the index rate). Variable rate APRs will vary with the market based on the Prime Rate. As of September 2024, the Prime Rate (as defined in your Cardholder Agreement) was 8%.

Fixed Rate: If you have a fixed rate APR, your APR will not vary with the market.

CARDHOLDER AGREEMENT

NY RESIDENTS: RETAIL INSTALMENT CREDIT AGREEMENT

U.S. VIRGIN ISLANDS RESIDENTS PLEASE READ THIS: The provisions titled “Using Your Account,” “Disputed Payments- Postdated Checks, Restrictive Endorsement Checks and Other Disputed or Qualified Payments,” “Changes in Terms,” “Assignment; Transfer,” “Arbitration Provision” and “Billing Rights Notice” restrict or reduce your rights.

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 hear disclosures related to the Military Lending Act, please call this toll-free number: 1- 866-816-6994.

COVERED MILITARY BORROWERS: If you are a “covered borrower,” as defined under the Military Lending Act, 10 U.S.C. § 987, as amended, (i) the “Arbitration Provision,” (ii) any waiver of right to legal recourse under any state or federal law and (iii) any other provision in this Agreement that is not enforceable against you under the Military Lending Act does not apply to you so long as you are a “covered borrower.”

VARIABLE RATE: Variable rate loan APR’s vary with the market based on the Prime Rate. The Prime Rate is the highest bank prime loan rate as published by the Wall Street Journal in its Money Rates Section on the 25th day (or the next business day if the 25th day is not a business day) of the calendar month preceding the first day of the billing period, Your Periodic Rate(s) and corresponding Annual Percentage Rate(s) for variable rate loans will change if the Prime Rate changes. If your Periodic Rate(s) and corresponding Annual Percentage Rate(s) increase, your interest charges will increase, and your minimum payment may be greater. A change in Periodic Rate(s) will take effect the billing period immediately following the publication of the changed Prime Rate. SEE PRICING INFORMATION.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

GENERAL This Cardholder Agreement (“Agreement”) governs the use of your revolving credit account (your “Account”). In this Agreement and in your monthly billing statement (“Statement”), “we,” “us,” “our” and “Bank” refer to The Bank of Missouri, including, as applicable, our successors, assignees and representatives. “You,” “your” and “Cardholder” refer to the person who applied and was approved for the Account and, as appropriate, all persons authorized to use the Account. “Application” refers to any (i) written or electronic application that you signed or otherwise submitted for this Account or (ii) oral request for credit and a Card resulting in this Account. “Card” refers to any credit card, Account number or other credit access device that we issue to you. Your Application, any Card carrier that we send with your Card, any other written documents (including any electronic record) evidencing any transactions made under your Account and any notices that we send to you with your Agreement are part of and incorporated into this Agreement. Please read and keep these documents for your records. This Agreement begins on the earlier of (a) the date we finally approve your Application for credit or (b) the first date that we extend credit to you or someone authorized by you on your Account. This Agreement includes an Agreement to Arbitrate Claims (see “Arbitration Provision” below).

ACCEPTANCE OF THIS AGREEMENT Your activation of your Card, your use of the Account, or any payment made on the Account evidences your acceptance of the terms of this Agreement.

USING YOUR ACCOUNT You can use your Card to purchase or lease goods or services (including mail, telephone and electronic orders) from participating establishments (each a “Purchase”) up to any credit limit we may establish for you (your “Credit Limit”). You may use your Account only for personal, family, or household purposes. You may not use your Card or your Account for any illegal transaction or any gambling transaction. We may decline transactions for any reason, including: operational matters, default, or suspected fraudulent or unlawful activity. Transactions above a certain dollar amount may require authorization by us before the transaction can be approved. We will not be liable for the failure to authorize credit because of operational difficulties or mistakes. We may limit the number and amount of transactions approved in one day for security reasons, without any liability to you. We are not responsible for any losses associated with a declined transaction.

AUTHORIZED USERS If you ask us to issue a Card to any other person and we agree to issue them a Card, they are an “Authorized User” of your Account and will be bound by the terms of this Agreement. We will impose an Additional Card Fee (Authorized User) to issue a Card to an Authorized User as described below. See “FEES” section below. We may require certain information about them before issuing a Card. We may limit their ability to use their Card. You authorize them to have access to important information about your Account including available credit so that they can use their card responsibly. You will be responsible for use of the Account by them and by anyone they allow to use your Account, even if you did not want, or did not agree to, that use. If you want to remove an Authorized User from your Account, you must contact Customer Service and request their removal. You also must immediately destroy all Cards in their possession and cancel any transactions that they may have set up on your Account before their removal. You will be responsible for transactions that they set up before they were removed even if these amounts do not appear on your Account until later. Authorized Users may remove themselves from your Account upon request. We reserve the right to remove them from your Account for any reason. To remove them from your Account, we may choose to close your existing Account and issue you a new Account and replacement Card with a new number.

HONORING YOUR ACCOUNT We are not liable for the failure or refusal of a participating location to honor your Account.

PROMISE TO PAY You agree to be bound by the terms and conditions of this Agreement. You promise to pay for all Purchases and all other amounts owed to us under the terms of this Agreement. You promise to make all payments in U.S. dollars and to submit for payment of your Account only checks or other items drawn on U.S. financial institutions.

YOUR CREDIT LIMIT You agree not to use your Account in any way that would cause you to go over your Credit Limit. We may refuse to authorize or accept any transaction on your Account that would cause you to exceed your Credit Limit. We may establish different Credit Limits for different features of your Account in addition to a general (total) Credit Limit. If you exceed your Credit Limit, you must pay us the excess amount promptly. We reserve the right not to increase your available credit by the amount of any payment received, for a period of up to four (4) business days from the date of receipt to provide for processing and verification. Processing speeds can vary depending on how your payment is cleared.

Your Account represents a continuing offer to extend further credit to you which may be withdrawn at any time. We reserve the right to change (to set, increase, decrease or remove) the Credit Limit for your Account from time to time in accordance with this Agreement and applicable law. Certain changes in your Credit Limit may occur without prior written notice to you and may be based upon factors including, but not limited to, anti-fraud policies and procedures, your record of making timely payments and staying within your established Credit Limit, your credit score and information contained in your credit report and your proper maintenance of any checking account used to make automatic payments, if applicable.

If finally approved for an Account, your initial Credit Limit(s) will appear on your Card carrier. Your current Credit Limit(s) can be found on your Statement or provided upon request. We do not accept Credit Limit increase requests.

You have the right to receive an answer to a written inquiry concerning the status of your Account.

SPECIAL TERMS From time to time we may offer special terms in connection with your Account. These special terms may be limited to certain qualifying transactions. The period of time that special terms may be available may be limited. Information specific to any special terms will be provided at the time of offer. If you use your Account to enter into a qualifying transaction, you will be deemed to have acknowledged and agreed to the terms disclosed at the time of the offer, which terms may modify or differ from the regular terms of this Agreement. No formal amendment of this Agreement will be necessary and all terms of this Agreement will remain applicable except those inconsistent with the disclosed special terms of the offer. If at any time you fail to comply with the terms of this Agreement as modified by the special terms of an offer or are otherwise in default of any obligation you owe us, then we may, in our sole discretion, immediately terminate any special offer terms. We will notify you of the termination of any special terms if (and as) expressly required by law.

DEFAULT Unless prohibited by applicable law, you will be in default under this Agreement if you: (i) do not make at least the Minimum Payment on or before the Payment Due Date; (ii) exceed your Credit Limit without permission; (iii) tender a check or money order in payment of your Account and that payment is returned to us unpaid for any reason; (iv) become subject to bankruptcy or insolvency proceedings; (v) become subject to attachment or garnishment proceedings; (vi) give us any misleading, false, incomplete or incorrect information or false or fraudulent signature; (vii) die; or (viii) fail to comply with any term of this Agreement or any other agreement that you have with us. Subject to any required notice of default and right to cure or other limitation of applicable law, if you are in default, we may, in addition to any other rights that we may have under this Agreement: (a) reduce your Credit Limit or cancel your Account; (b) require you to pay your entire Account balance (including accrued but unpaid interest and any other fees and charges provided for in this Agreement) immediately; and/or (c) bring an action to collect all amounts owed.

You agree to pay, to the greatest extent not prohibited by law, our reasonable attorneys’ fees and any collection costs and disbursements and court fees related to the collection of your Account.

PENALTY RATE If we do not receive your required Minimum Payment within 60 days of its Payment Due Date, all of your rates may increase to the appropriate Penalty Rate above. A Penalty APR will cease to apply if we receive six consecutive minimum monthly payments on or before their respective payment due dates beginning with the first payment due date following the effective date of the increase.

CANCELLATION We may cancel your Account, refuse to allow further transactions, offer credit on different terms or adjust the amount of credit available to you at any time, with or without cause, subject to applicable limitations of law. We may terminate further transactions on your Account without notice if you change your address to a jurisdiction in which we do not make credit available at that time. You may close your Account by writing to us at Account Services, P.O. Box 105555, Atlanta, GA 30348- 5555. The terms of this Agreement will continue to apply to any balance you owe us until you have paid everything you owe, including any charges and interest due. Account cancellation may adversely affect your credit history. Account cancellation may adversely affect your credit history.

STATEMENTS We will send you a Statement for each monthly billing cycle in which (i) the balance of your Account (including unpaid Purchases, interest and other fees and charges) on the last day of that billing cycle (the “New Balance”) is greater than $1 (debit or credit); (ii) we impose interest or a fee; (iii) there is any other activity on your Account or (iv) as otherwise required by applicable law. Your Statement will show, among other things, the total minimum payment you must make during the billing cycle (the “Minimum Payment”) and the date that the Minimum Payment is due (the “Payment Due Date”). If you receive a paper statement, you may be charged a Paper Statement Fee as described in the Fees section below.

Right to Stop Payment and Procedure For Doing So: If you have scheduled monthly payments through the Automatic Payment Plan, you can tell us to stop any of these payments by calling Customer Service at the telephone number shown on your monthly statement, by sending an e-mail to service@myfortiva.com or by writing to us at Customer Service–Automatic Payment Plan Department, P.O. Box 105555, Atlanta, GA 30348-5555. If you send us an email or write to us, your request must reach us at least 3 business days before the scheduled Payment Due Date. If you call us, we may require you to put your request in writing and to deliver your request to us within 14 days after you call. We may charge you a fee for each stop payment request that you give us. If you tell us to stop a payment at least 3 business days before the Payment Due Date and we do not stop payment, we will be liable for your losses or damages.

PAYMENT REQUIREMENTS AND CREDITING

Minimum Payment You agree to pay at least the Minimum Payment shown on your Statement by the Payment Due Date shown on the Statement. You may at any time pay off your entire balance in full or more than the Minimum Payment due without incurring any additional charge. We reserve the right to change your Minimum Payment requirement from time to time. The Minimum Payment due each month will be an amount equal to the greater of (a) 1.66 to 5.91% of your highest outstanding New Balance since your Account was opened or since your New Balance was zero or (b) $30.00 plus the greater of (i) any past due amount or (ii) any amount by which your New Balance exceeds your Credit Limit. If your New Balance is less than your Minimum Payment, your New Balance is due in full. You may at any time make additional payments without penalty.

Authorization Agreement for Automatic Payments By enrolling in the Automatic Payment Plan, you are agreeing to participate in the Automatic Payment Plan and acknowledge and agree to the following: You authorize us to initiate electronic funds transfers (EFTs) by debit entries drawn on the bank account, debit or credit card you have identified to us in your application for this Account or any other account that you identify to us from time to time (“Bank Account”) in the amount of (i) your required Minimum Payment (excluding any overlimit amount) or (ii) Statement Balance, as modified by you from time to time. The amount of your Automatic Payment Plan payment may vary if you make additional payments. If you have a Deferred Interest Plan and you enroll in our Automatic Payment Plan, you will need to make one or more additional payments by mail or by phone to avoid interest. The minimum payment due calculation for the Automatic Payment Plan does not include any overlimit amount, therefore the automatic payment deduction may be less than the minimum payment due on your monthly billing statement. You will need to make an additional payment for the amount that your account is overlimit. You have the right to receive notice of all electronic fund transfers from your Bank Account that vary in amount, and by enrolling, you agree that your monthly Statement will serve as your notice of the amount of your monthly payment, (excluding any overlimit amount). You may change the amount to be deducted or withdrawn at any time. Your new monthly payment will be effective within 3 business days of our receipt of your instruction. (1) We will initiate authorized EFTs each month on or after the Payment Due Date shown on your monthly statement. (2) You agree that in the event any debit is rejected or dishonored we may reinitiate the debit once. (3) You have provided us with all necessary information for the Bank Account that you wish us to debit and the Bank Account on which the Automated Clearing House (ACH) debit is authorized, is a legitimate, open and active account. You agree to notify us promptly if this information changes. (4) The origination of Automated Clearing House (ACH) transactions must comply with the provisions of U.S. law. (5) This Automatic Payment Plan is optional. Once enrolled, automatic payments will continue until you notify us that you wish to terminate your enrollment in the Automatic Payment Plan, or until we terminate your enrollment. You may terminate your enrollment by calling Customer Service at the telephone number shown on your monthly statement. You must give any notice of termination in such a manner and sufficiently in advance to allow us and your financial institution a reasonable opportunity to act. We may terminate your enrollment if you fail to keep your Account or your Bank Account in good standing. Delinquency or closure of either account, for any reason, may result in immediate termination of your enrollment in the Automatic Payment Plan. Also, if there are insufficient funds in your Bank Account to process any payment, your enrollment in the Automatic Payment Plan may be terminated immediately. (6) We are not responsible for any fees that may be charged by your depository institution as the result of your participation in the Automatic Payment Plan. (7) You have the right to review your accounts and to withdraw any privileges previously granted. (8) Participation in the Automatic Payment Plan is not a requirement of continuing credit under your account. Enrollment in the Automatic Payment Plan is optional.

Alternative Payment Methods If you know that we will be unable to process a scheduled automatic payment for any reason, then to avoid a late payment charge, you must promptly send a certified check or money order to the “Payment Address” shown on the front of your monthly statement, or, if offered, you may take advantage of any pay-by-phone or on-line payment service that we may make available to you from time to time. If you make an alternative payment by postal mail or by pay-by- phone or on-line service while you are enrolled in an Automatic Payment Plan, we may treat such payment as an additional payment and process your next Automatic Payment Plan payment as scheduled or may reduce your next Automatic Payment Plan payment by the amount of any such additional payment received.

Instructions for Mailed Payments If you pay by check or other written instrument, all payments, except disputed amounts, must be mailed or delivered to us at the address for payments shown on your Statement. Payments received at the address on the payment coupon by 5:00 p.m. Central Time, Monday through Friday (except legal holidays) will be credited to your Account as of the date received. Payments must be received with the payment coupon (bottom portion) of your Statement in the enclosed return envelope. If payments are received at any other location or without your payment coupon, crediting of those payments to your Account may be delayed.

Application of Payments Subject to applicable law, we may apply payments first to unpaid interest and other fees and charges, then to Purchases in the order in which they are posted to your Account. We may apply payments to balances under Special Payment Plans prior to non-promotional balances. We may change the order of payment application in our sole discretion from time to time, subject to applicable law.

Disputed Payments-Postdated Checks, Restrictive Endorsement Checks and Other Disputed or Qualified Payments You agree not to send us partial payments marked “paid in full,” “without recourse,” or similar language. If you send such a payment, we may accept it without losing any of our rights under this Agreement. All notices and written communications concerning postdated checks, restrictive endorsement checks (including any check or other payment instrument that indicates that the payment constitutes “payment in full” of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount) or any other disputed, nonconforming or qualified payments, must be mailed or delivered to Dispute Resolution, P.O. Box 105374, Atlanta, GA 30348-5374. We may also accept late, postdated or partial payments without losing any of our rights under the credit agreement governing your Account. (A postdated check is a check dated later than the day it was actually presented for payment.) We are under no obligation to hold a postdated check and we reserve the right to process every item presented as if dated the same date received by us or our check processor unless you give us adequate notice and a reasonable opportunity to act on it. Except where such notice and opportunity is given, you may not hold us liable for depositing any postdated check.

INTEREST

Interest When your Account has an outstanding balance, we will assess periodic interest using a monthly periodic rate of interest. The monthly periodic rate is determined by dividing the annual percentage rate (“APR”) by 12. Interest will be imposed in amounts or at rates not in excess of those permitted by law.

Balances Subject To Interest We figure the interest charge on your Account by applying the applicable monthly periodic rate to the “average daily balance” of your Account. For each type of balance, we take the beginning balance each day (including accrued but unpaid interest charges), add eligible new transactions and any applicable fees, and subtract the applicable portion of any payments or credits. This gives us the daily balances for that type of 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” for that type of balance.

When Interest Begins To Accrue We will begin charging interest on the transaction date. There is no time period in which to avoid interest on a transaction if a balance is not subject to a special promotion.

Deferred Interest Balances If you make a purchase under a special Deferred Interest Plan promotion, we will calculate interest for each cycle as described above. To avoid such interest you must pay the total purchase amount and accrued fees and charges that are subject to deferred interest (“Promotional Balance”) in full by the last day of the promotional period as shown in the Deferred Interest Charge Calculation notice on the front of your monthly statement. Making only minimum monthly payments during the promotional period will not pay off your Promotional Balance by the last day of the promotional period. If you do not pay your Promotional Balance in full by such date, then the interest that has accrued from the date of purchase through and including the last day of the promotional period (Deferred Interest Charge) will be added to your regular Purchase balance.

FEES

Unless otherwise stated, the following fees may be added to your Purchase balance:

Annual Fee If applicable, you agree to pay an Annual Fee upon account opening and annually thereafter. If your account is subject to an Annual Fee, your Annual Fee will appear on your monthly statement and thereafter on the anniversary date of your account as long as your account is open, or you have an outstanding balance.

Account Maintenance Fee If your Account is subject an Account Maintenance Fee, the amount of the fee is disclosed in the accompanying Pricing Disclosure. Account Maintenance Fees are billed each month as long as your Account is open or you have an outstanding balance. Your payment of an Account Maintenance Fee does not affect our right to close your Account or our ability to limit transactions on your Account.

Late Payment Fee If you fail to make a timely payment, you agree to pay a Late Payment Fee in an amount up to the maximum fee permitted under Section 12 C.F.R. § 1026.52(b) as established from time to time by advance notice to you. For PR residents, you agree to pay the lesser of $15 or 5% of the payment due for payments that are over 15 days late. No Late Payment Fee will exceed the amount of the related missed payment.

Returned Payment Fee To the greatest extent not prohibited by law, if any payment is dishonored or returned, you agree to pay a Returned Payment Fee in an amount up to the maximum fee permitted under Section 12 C.F.R. § 1026.52(b) as established from time to time by advance notice to you. No Returned Payment Fee will exceed the amount of the refused or returned payment.

Additional Card Fee (Authorized User) We will impose a fee of $19 for allowing access to another person who is not responsible for the repayment of the Account.

Paper Statement Fee We will charge you a $2 monthly Paper Statement Fee on your account in any billing cycle in which your balance is greater than $1 and you are sent a monthly billing statement in paper form, even if you also are provided it in electronic form. You can avoid this fee in each billing cycle that you elect to receive your monthly billing statement exclusively in electronic form. To receive Billing Statements in electronic form, you may enroll in Paperless Communications through your Account Center. Please contact us at Account Services, P.O. Box 105555 Atlanta, GA 30348-5555, or 1-800-710-2961 if you are not able to receive Paperless Communications or electronic disclosures.

REFUND OF INTEREST AND FEES We will credit all interest and fees to your Account if you close your account within 30 days of receiving your initial Agreement and you make no charges to your Account. After such 30-day period, interest and fees are no longer avoidable or refundable and you will be responsible for paying all interest and fees charged to your Account.

CONSENT TO RECEIVE ELECTRONIC DISCLOSURES If, when you applied for your Account, you agreed to receive electronic notices and disclosures in connection with your Account (whether at an electronic mail address that you provided in your Application, at a website that we designate or otherwise), then, to the extent not prohibited by law, we may send notices concerning the availability of Statements and other Account-related notices and disclosures to you at the electronic mail address that you provided in your Application, any updated electronic mail address that you provide to us in writing, a website that we designate or otherwise. If you subsequently choose to receive notices and disclosures by postal mail rather than electronically, then you agree to provide us with an updated postal address in a timely manner to allow us to comply with any applicable requirements of law. If you did not agree to receive electronic notices and disclosures in connection with your Account when you applied for your Account, you may agree to receive notices and disclosures electronically once your Account is open by enrolling in electronic communications in your Account Center.

MONITORING AND RECORDING To ensure that you receive quality service, you agree that we may record all phone calls. These calls, between you and our representatives, are evaluated by supervisors. It is our goal to provide prompt, consistent assistance and deliver accurate information in a professional manner.

COMMUNICATING WITH YOU; CONSENT TO CONTACT BY ELECTRONIC AND OTHER MEANS We may contact you for any lawful reason, including for the collection of amounts owed to us and for the offering of products or services in compliance with our Privacy Notice in effect from time to time. No such contact will be deemed unsolicited. To the greatest extent not prohibited by applicable law, we may (i) contact you at any address or telephone number (including wireless cellular telephone or ported landline telephone number) that you may provide to us from time to time; (ii) use any means of communication, including, but not limited to, postal mail, electronic mail, telephone, text message or other technology, to reach you; and (iii) use automatic dialing and announcing devices which may play recorded messages. Standard text message and data rates may apply.

NOTICE OF CHANGES IN YOUR ELECTRONIC MAIL, TELEPHONE NUMBER OR OTHER INFORMATION You agree to notify us promptly of any change in your electronic mail address, your postal address, your telephone number, place of employment or other information provided in your Application or otherwise provided to us from time to time, including porting a landline telephone number to a cellular number or VoIP, to allow us to comply with any applicable requirements of law. You may notify us of changes by writing to us at Account Services, P.O. Box 105555, Atlanta, GA 30348-5555 or by calling us at 1-800-710-2961.

CHANGES IN TERMS We may, at any time in accordance with this Agreement and subject to the requirements of applicable law: (i) terminate this Agreement; (ii) terminate your right to make future Purchases; (iii) change your Credit Limit; or (iv) add new terms or delete or change any terms and conditions of this Agreement relating to your Account including changing from a non-variable to a variable periodic rate, increasing any rate of interest, increasing or adding fees or charges, changing the method of computing the balance upon which interest is assessed or changing the date upon which interest begin to accrue (but excluding any changes to the accompanying Arbitration Provision). Changes to your Account that are favorable to you may be made at any time without prior notice. Changes in terms may be based upon factors including, but not limited to, anti-fraud policies and procedures, your record of making timely payments and staying within your established Credit Limit on your Account with us, your credit score and information contained in your credit report and your proper maintenance of any checking account used to make your automatic payments, if applicable.

When required by applicable law, we will provide you with written notice of a new or deleted term or change in terms and offer you the right to reject terms in the manner specified at the time of notice. No new term or change in the terms of this Agreement will affect your obligation to pay all amounts owing under this Agreement.

ASSIGNMENT; TRANSFER We may sell, assign or transfer all or any portion of your Account and all or any portion of our rights under this Agreement to any other person without prior notice to you. You may not sell, assign or transfer any of your rights under this Agreement.

LOST CARDS AND UNAUTHORIZED USE Contact us immediately if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe that your Card has been lost or stolen, or that someone has made a Purchase on your Account without your permission, call us at 1-800-710-2961. You will not be liable for any such unauthorized use that occurs after you notify us. You may, however, be liable for such unauthorized use that occurs before you notify us. In any case, your liability for such unauthorized use will not exceed $50.

CREDIT REPORTS AND INFORMATION

Credit Reports You authorize us to make or have made any credit, employment or other investigative inquiries we deem appropriate to renew, review or collect amounts owed to us on your Account. We also may obtain follow-up credit reports on you for any lawful purpose as long as you have an outstanding balance. Upon your request to us at Account Services, P.O. Box 105555, Atlanta, GA 30348-5555, we will inform you of the name and address of each consumer reporting agency from which we obtained a consumer report, if any, relating to you. We may also obtain information about your credit worthiness and employment from others.

Notice of Information Reporting We may report information about your Account to credit bureaus. Late payments, missed payments or other defaults on your Account may be reflected in your credit report.

Information Sharing You acknowledge and agree that we may share information about you with others in accordance with our Privacy Notice (a copy of which we will provide to you and may be obtained from www.myfortiva.com as it is in effect from time to time).

Notice of Inaccurate Information If you believe that we have information about you that is inaccurate or that we have reported or may report to a credit reporting agency information about you that is inaccurate, please notify us of the specific information that you believe is inaccurate by writing to us at Account Services, P.O. Box 105555, Atlanta, GA 30348-5555.

ARBITRATION PROVISION (AGREEMENT TO ARBITRATE CLAIMS)

Unless you are a “covered borrower,” as defined under the Military Lending Act, 10 U.S.C. §987, as amended, and except as otherwise stated below, any Claim (as defined below) will be resolved by binding arbitration pursuant to (a) this Arbitration Provision and (b) the Code of Procedure of the national arbitration organization to which the Claim is referred (as in effect when the Claim is filed). Claims will be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. Streamlined arbitration procedures will be used if available. If a selection by us of one of these organizations is unacceptable to you, you have the right, within 30 days after you receive notice of our election, to select the other organization listed to serve as arbitration administrator. For purposes of this Arbitration Provision, “Claim” means any claim, dispute or controversy (whether in contract, tort, or otherwise), past, present or future, (collectively, “Claims”) as further described below. (If for any reason a selected organization cannot, will not or ceases to serve as an arbitration administrator, you or we may substitute another widely recognized arbitration organization that uses a similar code of procedure and is mutually acceptable to the parties.)

Right To Reject Arbitration. You may reject this Arbitration Provision. If you do so, neither you nor we will have the right to engage in arbitration. Rejecting this Arbitration Provision will have no effect on any of the other provisions in this Agreement. Rejecting this Arbitration Provision will have no effect on any of the other provisions in this Agreement. To reject this Arbitration Provision, you must send us your written rejection within 60 days after we open your Account, or 60 days after any change in terms that affects this Arbitration Provision, to Account Services Dispute Resolution, P.O. Box 105096, Atlanta, GA 30348-5096; ATTN: Consumer Credit Arbitration. In your letter, you must give us the following information: Name, Address and Account number. The right to reject granted here applies solely to this Arbitration Provision, and not to any other provision of this Agreement, or to any other agreement with us. In the event of a dispute over whether you have provided a timely rejection notice, you must provide proof of delivery. Neither party may elect to arbitrate an individual Claim brought in small claims court (or your state’s equivalent court, if any). However, if a Claim that is brought in small claims court is transferred or appealed to a different court, either party may elect arbitration.

Changes to Arbitration Provision. We will provide you with at least 30 days’ advance written notice of any proposed new or deleted term or change in terms of this Arbitration Provision. You will have a fresh right to reject any such proposed changes (and only such proposed changes) in the same manner as specified above for the original provision commencing at the time of notice.

Significance of Arbitration; Limitations and Restrictions. IF YOU OR WE CHOOSE TO RESOLVE A CLAIM BY BINDING ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO (i) HAVE A COURT OR JURY DECIDE THE CLAIM BEING ARBITRATED (ii) ENGAGE IN PRE-ARBITRATION DISCOVERY (THAT IS, THE RIGHT TO OBTAIN INFORMATION FROM THE OTHER PARTY) TO THE SAME EXTENT THAT YOU OR WE COULD IN COURT, (iii) PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS IN A CLASS ACTION, IN COURT OR IN ARBITRATION, RELATING TO ANY CLAIM SUBJECT TO ARBITRATION OR (iv) JOIN OR CONSOLIDATE CLAIMS OTHER THAN YOUR OWN OR OUR OWN. OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Except as set forth below, the arbitrator’s decision will be final and binding. Only a court may decide the validity of items (iii) and (iv) above. If a court holds that items (iii) or (iv) are limited, invalid or unenforceable, then this entire Arbitration Provision will be null and void. You or we can appeal any such holding. If a court holds that any other part(s) of this Arbitration Provision (other than items (iii) and (iv)) are invalid, then the remaining parts of this Arbitration Provision will remain in force. An arbitrator will decide all other issues pertaining to arbitrability, validity, interpretation and enforceability of this Arbitration Provision. The decision of an arbitrator is as enforceable as any court order and may be subject to very limited review by a court. An arbitrator may decide a Claim upon the submission of documents alone, or a party may request a telephonic hearing if permitted by applicable rules. The exchange of non-privileged information relevant to the Claim, between the parties, is permitted and encouraged. Either party may submit relevant information, documents or exhibits to the arbitrator for consideration in deciding a Claim.

Broad Meaning of “Claims.” The term “Claims” in this Arbitration Provision is to be given the broadest possible meaning and includes (by way of example and without limitation) Claims arising from or relating to (i) the application for or issuance of your Account, (ii) use, terms, change in terms or addition of terms, closing or collection of your Account or this Agreement, advertisements, promotions or oral or written statements related to your Account, including any Claims regarding information obtained by us from, or reported by us to, credit reporting agencies or others, (iv) Claims between you and our parent corporations, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, employees, officers, directors or representatives arising from your Account or this Agreement and (v) Claims regarding the validity, enforceability or scope of this Arbitration Provision or this Agreement.

Arbitration Procedure and Costs. For a copy of relevant codes of procedure, to file a Claim or for other information about JAMS and AAA, write them, visit their web site or call them at: (i) for JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614 or info@jamsadr.com, http://www.jamsadr.com, 1-800-352-5267; or (ii) for AAA, 1633 Broadway, 10th Floor, New York, NY 10019 or websitemail@adr.org, http://www.adr.org, 1-800-778-7879. If either party fails to submit to arbitration following a proper demand to do so, that party will bear the costs and expenses, including reasonable attorneys’ fees, incurred by the party compelling arbitration. Any physical arbitration hearing that you attend will be held in the federal judicial district where you live at the time the Claim is filed. The party initiating the arbitration will pay the filing fee. You may seek a waiver of the initial filing fee or any other fees incurred in arbitration. If you seek, but do not qualify for, a waiver, we will consider any written request by you for us to pay or reimburse you for all or part of such fees. Each party will pay for its respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration. A party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. Allocation of fees and costs relating to appeals in arbitration will be handled in the same manner. For an explanation and schedule of the fees that apply to an arbitration proceeding with JAMS, please visit http://www.jamsadr.com/Rules; for AAA, visit https://www.adr.org/Rules. The appropriate fee schedule in effect from time to time is hereby incorporated by reference into this Arbitration Provision. The cost of arbitration may be higher or lower than the cost of bringing your Claim in court, depending upon the nature of your Claim and how the arbitration proceeds. Having more than one Claim and holding face-to-face hearings can increase the cost of arbitration. Again, neither you nor we will be permitted to arbitrate claims on a class-wide (that is, on other than an individual) basis. An arbitration proceeding can decide only your or our Claims. You cannot join other parties (or consolidate Claims) except with respect to persons who use your Account.

Governing Law for Arbitration. This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and will be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1 et seq., as amended, and, with regard to the making of this Arbitration Provision or any other issue not exclusively governed by the FFA, the laws of Missouri (without regard to internal principles of conflict of laws). We receive your acceptance of this Arbitration Provision (by activation of your Card, use of your Account or constructive assent by other means) and any related opt-out notices, in Missouri. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law. Judgment upon any arbitration award may be entered and enforced, including without limitation by garnishment, attachment, foreclosure or other post- judgment remedies, in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA, in which case any party can appeal the award to a three- arbitrator panel administered by the selected arbitration administrator. The panel will reconsider de novo (that is, without deference to the ruling of the original arbitration) any aspect of the initial award requested by the appealing party.

Continued Effect of Arbitration Provision. This Arbitration Provision will continue to govern any Claims that may arise without regard to any termination or cancellation of your Account. If any portion of this Arbitration Provision (other than the provisions prohibiting class-wide arbitration, joinder or consolidation) is deemed invalid or unenforceable under the FAA, it will not invalidate the remaining portions of this Arbitration Provision. If a conflict or inconsistency arises between the code of procedures of the selected arbitration administrator and this Arbitration Provision, this Arbitration Provision will control.

DELAY IN ENFORCEMENT We can delay or waive enforcing any of our rights under this Agreement or under applicable law without losing any of those rights or any other rights. Even if we do not enforce our rights or remedies at any one time, we may enforce them at a later time.

SEVERABILITY Except as otherwise expressly provided in the Arbitration Provision, if any provision of this Agreement is finally determined to be void or unenforceable under applicable law, rule or regulation, all other provisions of this Agreement shall still be valid and enforceable.

ENTIRE AGREEMENT This Agreement, including any other written, oral or electronic document incorporated into and made a part of this Agreement, is the entire agreement between you and us relating to your Account and supersedes any other prior or contemporaneous agreement between you and us relating to your Account. Unless otherwise clearly indicated, if there is any conflict between any one of these documents and this Agreement, the terms of this Agreement control. This Agreement may not be amended except in accordance with the other provisions of this Agreement.

GOVERNING LAW FOR CREDIT This Agreement, and any claim, dispute or controversy (whether in contract, tort, or otherwise) at any time arising from or relating to this Agreement, are governed by and construed in accordance with applicable federal law and, to the extent not preempted by federal law, the laws of Missouri (without regard to internal principles of conflict of laws), except that the accompanying Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq, and the laws of Missouri (without regard to the internal principles of conflict of laws), as provided in the Arbitration Provision. The legality, enforceability and interpretation of this Agreement and the amounts contracted for, charged and reserved under this Agreement will be governed by such laws. We extend credit from Missouri pursuant to Section 408.145 of the Missouri Revised Statutes. You agree that this Agreement is made, executed and delivered in Missouri and that we make all credit decisions, open all accounts and issue all proceeds from, impose all fees and charges in and receive all payments from you, in our offices in Missouri. To the extent not preempted by federal law or subject to Missouri law, for purposes of state law compliance, in Maryland we have elected Section 12-103(a)(1) of the Interest and Usury statute and the Revolving Credit Accounts statute (see Md. Com. Law Code § 12-103(a)(1) and §§ 12-501 et seq.).

YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED (ELECTRONICALLY OR OTHERWISE) AN EXACT, COMPLETELY FILLED-IN, LEGIBLE COPY OF THIS AGREEMENT, HAVE READ IT AND AGREE TO ITS TERMS.

NOTICE TO THE BUYER

1. DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES.
2. YOU ARE ENTITLED TO AN EXACT, COMPLETELY FILLED IN COPY OF THE AGREEMENT YOU SIGN.
3. YOU HAVE THE RIGHT TO PAY, IN ADVANCE, THE FULL AMOUNT DUE.

CA RESIDENTS: Interest is compounded on unpaid amounts.

CA AND UT RESIDENTS: As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

MD RESIDENTS: You have the right under Section 12-510 of the Commercial Law Code to receive an answer to your written inquiry regarding the status of your account.

MO RESIDENTS: Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect you (borrower) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it.

NH RESIDENTS: This Agreement provides for reasonable attorneys’ fees to be awarded to us in an action against you involving this Agreement. Reasonable attorney’s fees will be awarded to you if you prevail in any action, suit or proceeding brought by us; or an action brought by you. If you successfully assert a partial defense or set-off, recoupment or counterclaim to an action brought by us the court may withhold from us the entire amount or such portion of the attorney fees as the court considers equitable.

NJ RESIDENTS: Because certain provisions of this agreement are subject to applicable law, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey.

WI RESIDENTS: No provision of a marital property agreement, a unilateral statement under section 766.59 or a court decree under section 786.70 adversely affects the interest of the creditor unless the creditor, prior to the time the credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred.

NY RESIDENTS: RETAIL INSTALMENT CREDIT AGREEMENT

BUYER/CARDHOLDER Your name and address, our name and address and the date on any Application or any other document or record you sign in connection with your Account are incorporated here and made a part of this Agreement and represent your name and address, our name and address, and the date on this Agreement. The electronic record of your transmission of the Unique Approval Code above, if applicable and consummation of a sales transaction financed under this Agreement represents your signature on this Agreement.

CREDITOR /s/ THE BANK OF MISSOURI, PERRYVILLE, MO

Rev. Date: May 2024

BILLING RIGHTS NOTICE

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: Account Services Dispute Resolution
P.O. Box 105374
Atlanta, GA 30348-5374

In your letter, give us the following information:

• Account information: Your name and Account number.
• Dollar amount: The dollar amount of the suspected error.
• Description of problem: If you think there is an error on your 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 use this right, all of the following must be true:

1. The Purchase must have been made in your home state or within 100 miles of your current mailing address, and the Purchase price must have been more than $50. (Note: Neither of these are necessary if your Purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
2. You must have used your Credit Card for the Purchase. Purchases made with Cash Advances from an ATM or with a check that accesses your credit card account do not qualify.
3. You must not yet have fully paid for the Purchase.

If all of the criteria above are met and you are still dissatisfied with the Purchase, contact us in writing at:
Account Services Dispute Resolution
P.O. Box 105374
Atlanta, GA 30348-5374

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.

CARDHOLDER AGREEMENT

NY RESIDENTS: RETAIL INSTALMENT CREDIT AGREEMENT

These Truth-in-Lending Act Disclosures are part of your Cardholder Agreement and contain important information about current rates and fees applicable to your Account. See the remaining Agreement for additional terms and conditions governing your Account and for definitions of terms used herein. Disclosures are accurate as of October 2024.

TRUTH IN LENDING ACT DISCLOSURES

How We Will Calculate Your Balance: We use a method called “average daily balance (including new transactions).” See the additional terms and conditions below for more details.

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in the additional terms and conditions below.

U.S. VIRGIN ISLANDS RESIDENTS PLEASE READ THIS: The provisions titled “Using Your Account,” “Postdated Checks, Restrictive Endorsements Checks and Other Disputed or Qualified Payments,” “Changes in Terms,” “Assignment;Transfers,” “Arbitration Provision,” and “Billing Rights Notice,” restrict or reduce your rights.

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 hear disclosures related to the Military Lending Act, please call this toll-free number: 1-866-816-6994.

COVERED MILITARY BORROWERS: If you are a “covered borrower,” as defined under the Military Lending Act, 10 U.S.C. §987, as amended, (i) the “Arbitration Provision,” (ii) any waiver of right to legal recourse under any state or federal law and (iii)any other provision in this Agreement that is not enforceable against you under the Military Lending Act does not apply to you so long as you are a “covered borrower.”

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

GENERAL This Cardholder Agreement (“Agreement”) governs the use of your revolving credit account (your “Account”). In this Agreement and in your monthly billing statement (“Statement”), “we,” “us,” “our” and “Bank” refer to The Bank of Missouri, including, as applicable, our successors, assignees and representatives. “You,” “your” and “Cardholder” refer to the person who applied and was approved for the Account and, as appropriate, all persons authorized to use the Account. “Application” refers to any (i) written or electronic application that you signed or otherwise submitted for this Account or (ii) oral request for credit and a Card resulting in this Account. “Card” refers to any credit card, Account number or other credit access device that we issue to you. Your Application, any Card carrier that we send with your Card, any other written documents (including any electronic record) evidencing any transactions made under your Account and any notices that we send to you with your Agreement are part of and incorporated into this Agreement. Please read and keep these documents for your records. This Agreement begins on the earlier of (a) the date we finally approve your Application for credit or (b) the first date that we extend credit to you or someone authorized by you on your Account. This Agreement includes an Agreement to Arbitrate Claims (see “Arbitration Provision” below).

ACCEPTANCE OF THIS AGREEMENT Your activation of your Card, your use of the Account, or any payment made on the Account evidences your acceptance of the terms of this Agreement.

USING YOUR ACCOUNT You can use your Card to purchase or lease goods or services (including mail, telephone and electronic orders) from participating establishments (each a “Purchase”) up to any credit limit we may establish for you (your “Credit Limit”). You may use your Account only for personal, family, or household purposes. You may not use your Card or your Account for any illegal transaction or any gambling transaction. We may decline transactions for any reason, including: operational matters, default, or suspected fraudulent or unlawful activity. Transactions above a certain dollar amount may require authorization by us before the transaction can be approved. We will not be liable for the failure to authorize credit because of operational difficulties or mistakes. We may limit the number and amount of transactions approved in one day for security reasons, without any liability to you. We are not responsible for any losses associated with a declined transaction.

AUTHORIZED USERS you ask us to issue a Card to any other person and we agree to issue them a Card, they are an “Authorized User” of your Account and will be bound by the terms of this Agreement. We will impose an Additional Card Fee (Authorized User) to issue a Card to an Authorized User as described below. See “FEES” section below. We may require certain information about them before issuing a Card. We may limit their ability to use their Card. You authorize them to have access to important information about your Account including available credit so that they can use their card responsibly. You will be responsible for use of the Account by them and by anyone they allow to use your Account, even if you did not want, or did not agree to, that use. If you want to remove an Authorized User from your Account, you must contact Customer Service and request their removal. You also must immediately destroy all Cards in their possession and cancel any transactions that they may have set up on your Account before their removal. You will be responsible for transactions that they set up before they were removed even if these amounts do not appear on your Account until later. Authorized Users may remove themselves from your Account upon request. We reserve the right to remove them from your Account for any reason. To remove them from your Account, we may choose to close your existing Account and issue you a new Account and replacement Card with a new number.

HONORING YOUR ACCOUNT We are not liable for the failure or refusal of a participating establishment to honor your Account.

PROMISE TO PAY You agree to be bound by the terms and conditions of this Agreement. You promise to pay for all Purchases and all other amounts owed to us under the terms of this Agreement. You promise to make all payments in U.S. dollars and to submit for payment of your Account only checks or other items drawn on U.S. financial institutions.

YOUR CREDIT LIMIT You agree not to use your Account in any way that would cause you to go over your Credit Limit. We may refuse to authorize or accept any transaction on your Account that would cause you to exceed your Credit Limit. We may establish different Credit Limits for different features of your Account in addition to a general (total) Credit Limit. If you exceed your Credit Limit, you must pay us the excess amount promptly. We reserve the right not to increase your available credit by the amount of any payment received, for a period of up to four (4) business days from the date of receipt to provide for processing and verification. Processing speeds can vary depending on how your payment is cleared.

Your Account represents a continuing offer to extend further credit to you which may be withdrawn at any time. We reserve the right to change (to set, increase, decrease or remove) the Credit Limit for your Account from time to time in accordance with this Agreement and applicable law. Certain changes in your Credit Limit may occur without prior written notice to you and may be based upon factors including, but not limited to, anti-fraud policies and procedures, your record of making timely payments and staying within your established Credit Limit, your credit score and information contained in your credit report and your proper maintenance of any checking account used to make automatic payments, if applicable.

If finally approved for an Account, your initial Credit Limit(s) will appear on your Card carrier. Your current Credit Limit(s) can be found on your Statement or provided upon request. We do not accept Credit Limit increase requests.

You have the right to receive an answer to a written inquiry concerning the status of your Account.

SPECIAL TERMS From time to time we may offer special terms in connection with your Account. These special terms may be limited to certain qualifying transactions. The period of time that special terms may be available may be limited. Information specific to any special terms will be provided at the time of offer. If you use your Account to enter into a qualifying transaction, you will be deemed to have acknowledged and agreed to the terms disclosed at the time of the offer, which terms may modify or differ from the regular terms of this Agreement. No formal amendment of this Agreement will be necessary and all terms of this Agreement will remain applicable except those inconsistent with the disclosed special terms of the offer. If at any time you fail to comply with the terms of this Agreement as modified by the special terms of an offer or are otherwise in default of any obligation you owe us, then we may, in our sole discretion, immediately terminate any special offer terms. We will notify you of the termination of any special terms if (and as) expressly required by law.

DEFAULT Unless prohibited by applicable law, you will be in default under this Agreement if you: (i) do not make at least the Minimum Payment required from time to time on or before its Payment Due Date; (ii) exceed your Credit Limit without permission; (iii) tender a payment on your Account and your payment is returned to us unpaid or otherwise rejected for any reason; (iv) become subject to bankruptcy or insolvency proceedings; (v) become subject to attachment or garnishment proceedings; (vi) give us any misleading, false, incomplete or incorrect information or false or fraudulent signature; (vii) die; or (viii) fail to comply with any term of this Agreement or any other agreement that you have with us. Subject to any notice of default and right to cure or other limitation of applicable law, if you are in default, we may, in addition to any other rights that we may have under this Agreement: (a) reduce your Credit Limit or cancel your Account; (b) require you to pay your entire Account balance (including accrued but unpaid interest and any other fees and charges provided for in this Agreement) immediately; and/or (c) bring an action to collect all amounts owed.

You agree to pay, to the greatest extent not prohibited by law, our reasonable attorneys’ fees and any collection costs and disbursements and court fees related to the collection of your Account.

PENALTY RATE If we do not receive your required Minimum Payment within 60 days of its Payment Due Date, all of your rates may increase to the Penalty Rate. The Penalty APR will cease to apply if we receive six consecutive minimum monthly payments on or before their respective payment due dates beginning with the first payment due date following the effective date of the increase.

CANCELLATION We may cancel your Account, refuse to allow further transactions, offer credit on different terms or adjust the amount of credit available to you at any time, with or without cause, subject to applicable limitations of law. We may terminate further transactions on your Account without notice if you change your address to a jurisdiction in which we do not make credit available at that time. You may close your Account by writing to us at Account Services, P.O. Box 105555 Atlanta, GA 30348-5555. The terms of this Agreement will continue to apply to any balance that you owe us until you have paid everything you owe, including any interest and fees due. Account cancellation may adversely affect your credit history.

STATEMENTS We will send you a Statement for each monthly billing cycle in which (i) the balance of your Account (including unpaid Purchases, interest and other fees and charges) on the last day of that billing cycle (the “New Balance”) is greater than $1 (debit or credit); (ii) we impose interest or a fee; (iii) there is any other activity on your Account or (iv) as otherwise required by applicable law. Your Statement will show, among other things, the total minimum payment you must make during the billing cycle (the “Minimum Payment”) and the date that the Minimum Payment is due (the “Payment Due Date”).

PAYMENT REQUIREMENTS AND CREDITING

Minimum Payment You agree to pay at least the Minimum Payment shown on your Statement by the Payment Due Date shown on the Statement. You may at any time pay off your entire balance in full or more than the Minimum Payment due without incurring any additional charge. We reserve the right to change your Minimum Payment requirement from time to time. The Minimum Payment due each month will be an amount equal to (a) (i) the greater of 5.59% of your highest outstanding New Balance, since your Account was opened or since your New Balance was zero or (ii) $30 plus (b) the greater of (a) any past due amount or (b) any amount by which your New Balance exceeds your Credit Limit. If your New Balance is less than your Minimum Payment, your New Balance is due in full. You may at any time make additional payments without penalty.

Authorization Agreement for Automatic Payments By enrolling in the Automatic Payment Plan, you are agreeing to participate in the Automatic Payment Plan and acknowledge and agree to the following:
You authorize us to initiate electronic funds transfers (EFTs) by debit entries drawn on the bank account, debit or credit card you have identified to us in your application for this Account or any other account that you identify to us from time to time (“Bank Account”) in the amount of (i) your required Minimum Payment (excluding any overlimit amount), (ii) Statement Balance, as modified by you from time to time. The amount of your Automatic Payment Plan payment may vary if you make additional payments. If you have a Deferred Interest Plan and you enroll in our Automatic Payment Plan, you will need to make one or more additional payments by mail or by phone to avoid interest. The minimum payment due calculation for the Automatic Payment Plan does not include any overlimit amount, therefore the automatic payment deduction may be less than the minimum payment due on your monthly billing statement. You will need to make an additional payment for the amount that your account is overlimit. You have the right to receive notice of all electronic fund transfers from your Bank Account that vary in amount, and by enrolling, you agree that your monthly Statement will serve as your notice of the amount of your monthly payment, (excluding any overlimit amount). You may change the amount to be deducted or withdrawn at any time. Your new monthly payment will be effective within 3 business days of our receipt of your instruction. (1) We will initiate authorized EFTs each month on or after the Payment Due Date shown on your monthly statement. (2) You agree that in the event any debit is rejected or dishonored we may reinitiate the debit once. (3)You have provided us with all necessary information for the Bank Account that you wish us to debit and the Bank Account on which the Automated Clearing House (ACH) debit is authorized, is a legitimate, open and active account. You agree to notify us promptly if this information changes. (4) The origination of Automated Clearing House (ACH) transactions must comply with the provisions of U.S. law. (5)This Automatic Payment Plan is optional. Once enrolled, automatic payments will continue until you notify us that you wish to terminate your enrollment in the Automatic Payment Plan, or until we terminate your enrollment. You may terminate your enrollment by calling Customer Service at the telephone number shown on your monthly statement. You must give any notice of termination in such a manner and sufficiently in advance to allow us and your financial institution a reasonable opportunity to act. We may terminate your enrollment if you fail to keep your Account or your Bank Account in good standing. Delinquency or closure of either account, for any reason, may result in immediate termination of your enrollment in the Automatic Payment Plan. Also, if there are insufficient funds in your Bank Account to process any payment, your enrollment in the Automatic Payment Plan may be terminated immediately. (6) We are not responsible for any fees that may be charged by your depository institution as the result of your participation in the Automatic Payment Plan. (7)You have the right to review your accounts and to withdraw any privileges previously granted.(8) Participation in the Automatic Payment Plan is not a requirement of continuing credit under your account. Enrollment in the Automatic Payment Plan is optional.

Right to Stop Payment and Procedure For Doing So: If you have scheduled monthly payments through the Automatic Payment Plan, you can tell us to stop any of these payments by calling Customer Service at the telephone number shown on your monthly statement, by sending an e-mail to service@thdhomeimprovercard.com or by writing to us at Customer Service–Automatic Payment Plan Department, P.O. Box 105555, Atlanta, GA 30348-5555. If you send us an email or write to us, your request must reach us at least 3 business days before the scheduled Payment Due Date. If you call us, we may require you to put your request in writing and to deliver your request to us within 14 days after you call. We may charge you a fee for each stop payment request that you give us. If you tell us to stop a payment at least 3 business days before the Payment Due Date and we do not stop payment, we will be liable for your losses or damages.

Alternative Payment Methods If you know that we will be unable to process a scheduled automatic payment for any reason, then to avoid a late payment charge, you must promptly send a certified check or money order to the “Payment Address” shown on the front of your monthly statement, or, if offered, you may take advantage of any pay-by-phone or on-line payment service that we may make available to you from time to time. If you make an alternative payment by postal mail or by pay-by-phone or on-line service while you are enrolled in an Automatic Payment Plan, we may treat such payment as an additional payment and process your next Automatic Payment Plan payment as scheduled or may reduce your next Automatic Payment Plan payment by the amount of any such additional payment received.

Instructions for Mailed Payments If you pay by check or other written instrument, all payments, except disputed amounts, must be mailed or delivered to us at the address for payments shown on your monthly statement. Payments received at the address on the payment coupon by 5:00 p.m. Central Time, Monday through Friday (except legal holidays) will be credited to your Account as of the date received. Payments must be received with the payment coupon (bottom portion) of your statement in the enclosed return envelope. If payments are received at any other location or without your payment coupon, crediting of those payments to your Account may be delayed.

Application of Payments Subject to applicable law, we may apply payments first to unpaid interest and other fees and charges, then to Purchases in the order in which they are posted to your Account. We may apply payments to balances under Special Payment Plans prior to non-promotional balances.

Disputed Payments-Postdated Checks, Restrictive Endorsement Checks and Other Disputed or Qualified Payments You agree not to send us partial payments marked “paid in full,” “without recourse,” or similar language. If you send such a payment, we may accept it without losing any of our rights under this Agreement. All notices and written communications concerning postdated checks, restrictive endorsement checks (including any check or other payment instrument that indicates that the payment constitutes “payment in full” of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount) or any other disputed, nonconforming or qualified payments, must be mailed or delivered to Dispute Resolution, P.O. Box 105374, Atlanta, GA 30348-5374. We may also accept late, postdated or partial payments without losing any of our rights under the credit agreement governing your Account. (A postdated check is a check dated later than the day it was actually presented for payment.) We are under no obligation to hold a postdated check and we reserve the right to process every item presented as if dated the same date received by us or our check processor unless you give us adequate notice and a reasonable opportunity to act on it. Except where such notice and opportunity is given, you may not hold us liable for depositing any postdated check.

INTEREST

Interest When your Account has an outstanding balance, we will assess periodic interest using a monthly periodic rate of interest. The monthly periodic rate is determined by dividing the annual percentage rate (“APR”) by 12. The monthly periodic rate is 2.999% (corresponding APR of 35.99%). Interest will be imposed in amounts or at rates not in excess of those permitted by law.

Balances Subject To Interest We figure the interest charge on your Account by applying the applicable monthly periodic rate to the “average daily balance” of your Account. For each type of balance, we take the beginning balance each day (including accrued but unpaid interest charges), add eligible new transactions and any applicable fees, and subtract the applicable portion of any payments or credits. This gives us the daily balances for that type of 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” for that type of balance.

When Interest Begins To Accrue We will begin charging interest on the transaction date. There is no time period in which to avoid interest on a transaction if a balance is not subject to a special promotion.

Deferred Interest Balances If you make a purchase under a special Deferred Interest Plan promotion, we will calculate interest for each cycle as described above. To avoid such interest you must pay the total purchase amount and accrued fees and charges that are subject to deferred interest (“Promotional Balance”) in full by the last day of the promotional period as shown in the Deferred Interest Charge Calculation notice on the front of your monthly statement. Making only minimum monthly payments during the promotional period will not pay off your Promotional Balance by the last day of the promotional period. If you do not pay your Promotional Balance in full by such date, then the interest that has accrued from the date of purchase through and including the last day of the promotional period (Deferred Interest Charge) will be added to your regular Purchase balance.

FEES

Unless otherwise stated, the following fees may be added to your Purchase balance:

Annual Fee If applicable, you agree to pay an Annual Fee upon account opening and annually thereafter. If your account is subject to an Annual Fee, your Annual Fee will appear on your monthly statement and thereafter on the anniversary date of your account as long as your account is open, or you have an outstanding balance.

Late Payment Fee If you fail to make a timely payment, you agree to pay a Late Payment Fee in an amount up to the maximum fee permitted under Section 12 C.F.R. § 1026.52(b) as established from time to time by advance notice to you. For PR residents, you agree to pay the lesser of $15 or 5% of the payment due for payments that are over 15 days late. No Late Payment Fee will exceed the amount of the related missed payment.

Returned Payment Fee To the greatest extent not prohibited by law, if any payment is dishonored or returned, you agree to pay a Returned Payment Fee in an amount up to the maximum fee permitted under Section 12 C.F.R. § 1026.52(b) as established from time to time by advance notice to you. No Returned Payment Fee will exceed the amount of the refused or returned payment.

Additional Card Fee (Authorized User) We will impose a fee of $19 for allowing access to another person who is not responsible for the repayment of the Account.

REFUND OF INTEREST AND FEES We will credit all interest and fees to your Account ONLY if you close your account within 30 days of receiving your initial Agreement and you make no charges to your Account. After such 30-day period, interest and fees are no longer avoidable or refundable and you will be responsible for paying any interest and fees charged to your Account.

CONSENT TO RECEIVE ELECTRONIC DISCLOSURES If, when you applied for your Account, you agreed to receive electronic notices and disclosures in connection with your Account (whether at an electronic mail address that you provided in your Application, at a website that we designate or otherwise), then, to the extent not prohibited by law, we may send notices concerning the availability of Statements and other notices and disclosures to you at the electronic mail address that you provided in your Application, any updated electronic mail address that you provide to us in writing or otherwise, as mutually agreed. If you subsequently choose to receive notices and disclosures by postal mail rather than electronically, then you agree to provide us with an updated postal address in a timely manner to allow us to comply with any applicable requirements of law. If you did not agree to receive electronic disclosures in connection with your Account when you applied for your Account, you may agree to receive notices and disclosures electronically once your Account is open by enrolling in electronic communications in your Account Center.

MONITORING AND RECORDING To ensure that you receive quality service, you agree that we may record all phone calls. These calls, between you and our representatives, are evaluated by supervisors. It is our goal to provide prompt, consistent assistance and deliver accurate information in a professional manner.

COMMUNICATING WITH YOU; CONSENT TO CONTACT BY ELECTRONIC AND OTHER MEANS We may contact you for any lawful reason, including for the collection of amounts owed to us and for the offering of products or services in compliance with our Privacy Notice in effect from time to time. No such contact will be deemed unsolicited. To the greatest extent not prohibited by applicable law, we may (i) contact you at any address or telephone number (including wireless cellular telephone, VoIP or ported landline telephone number) that you may provide to us from time to time; (ii) use any means of communication, including, but not limited to, postal mail, electronic mail, telephone, text message or other technology, to reach you; (iii) use automatic dialing and announcing devices which may play recorded messages; and (iv) send text messages to your telephone. Standard text message and data rates may apply.

NOTICE OF CHANGES IN YOUR ELECTRONIC MAIL, TELEPHONE NUMBER OR OTHER INFORMATION You agree to notify us promptly of any change in your electronic mail address, your postal address, your home telephone number, place of employment or other information provided in your Application or otherwise provided to us from time to time, including porting a landline telephone number to a cellular number or VoIP, by writing to us at Account Services, P.O. Box 105555, Atlanta, GA 30348-5555 or by calling us at 1-888-247-0237.

CHANGES IN TERMS We may, at any time in accordance with this Agreement and subject to the requirements of applicable law: (i) terminate this Agreement; (ii) terminate your right to make future Purchases; (iii) change your Credit Limit; or (iv) add new terms or delete or change any terms and conditions of this Agreement relating to your Account (including changing from a non-variable to a variable periodic rate, increasing any rate of interest, increasing or adding fees or charges, changing the method of computing the balance upon which interest is assessed or changing the date upon which interest begin to accrue). Changes that are favorable to you may be made at any time without prior notice. Changes in terms may be based upon factors including, but not limited to, anti-fraud policies and procedures, your record of making timely payments and staying within your established Credit Limit on your Account with us, your credit score and information contained in your credit report and your proper maintenance of any checking account used to make your automatic payments, if applicable.

When required by applicable law, we will provide you with written notice of a new or deleted term or change in terms and offer you the right to reject terms in the manner specified at the time of notice. No new term or change in the terms of this Agreement will affect your obligation to pay all amounts owing under this Agreement.

ASSIGNMENT; TRANSFER We may sell, assign or transfer all or any portion of your Account and all or any portion of our rights under this Agreement to any other person without prior notice to you. You may not sell, assign or transfer any of your rights under this Agreement.

LOST CARDS AND UNAUTHORIZED USE Contact us immediately if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe that your Card has been lost or stolen, or that someone has made a Purchase on your Account without your permission, call us at 1-888-247-0237. You will not be liable for any such unauthorized use that occurs after you notify us. You may, however, be liable for such unauthorized use that occurs before you notify us. In any case, your liability for such unauthorized use will not exceed $50.

CREDIT REPORTS AND INFORMATION

Credit Reports You authorize us to make or have made any credit, employment or other investigative inquiries we deem appropriate to renew, review or collect amounts owed to us on your Account. We also may obtain follow-up credit reports on you for any lawful purpose as long as you have an outstanding balance.

Notice of Information Reporting We may report information about your Account to credit bureaus. Late payments, missed payments or other defaults on your Account may be reflected in your credit report.

Information Sharing You acknowledge and agree that we may share information about you with others in accordance with our Privacy Notice (a copy of which we will provide to you and may be obtained from www.thdhomeimprovercard.com as it is in effect from time to time).

Notice of Inaccurate Information If you believe that we have information about you that is inaccurate or that we have reported or may report to a credit reporting agency information about you that is inaccurate, please notify us of the specific information that you believe is inaccurate by writing to us at Account Services, P.O. Box105555, Atlanta, GA 30348-5555.

ARBITRATION PROVISION (AGREEMENT TO ARBITRATE CLAIMS)

Unless you are a “covered borrower,” as defined under the Military Lending Act, 10 U.S.C. §987, as amended, and except as otherwise stated below, any Claim (as defined below) will be resolved by binding arbitration pursuant to (a) this Arbitration Provision and (b) the Code of Procedure of the national arbitration organization to which the Claim is referred (as in effect when the Claim is filed). Claims will be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. Streamlined arbitration procedures will be used if available. If a selection by us of one of these organizations is unacceptable to you, you have the right, within 30 days after you receive notice of our election, to select the other organization listed to serve as arbitration administrator. For purposes of this Arbitration Provision, “Claim” means any claim, dispute or controversy (whether in contract, tort, or otherwise), past, present or future, (collectively, “Claims”) as further described below. (If for any reason a selected organization cannot, will not or ceases to serve as an arbitration administrator, you or we may substitute another widely recognized arbitration organization that uses a similar code of procedure and is mutually acceptable to the parties.)

Right To Reject Arbitration. You may reject this Arbitration Provision. If you do so, neither you nor we will have the right to engage in arbitration. Rejecting this Arbitration Provision will have no effect on any of the other provisions in this Agreement. To reject this Arbitration Provision, you must send us your written rejection within 60 days after we open your Account, or 60 days after any change in terms that affects this Arbitration Provision, to Account Services Dispute Resolution, P.O. Box 105096, Atlanta, GA 30348-5096; ATTN: Consumer Credit Arbitration. In your letter, you must give us the following information: Name, Address and Account number. The right to reject granted here applies solely to this Arbitration Provision, and not to any other provision of this Agreement, or to any other agreement with us. In the event of a dispute over whether you have provided a timely rejection notice, you must provide proof of delivery. Neither party may elect to arbitrate an individual Claim brought in small claims court (or your state’s equivalent court, if any). However, if a Claim that is brought in small claims court is transferred or appealed to a different court, either party may elect arbitration.

Changes to Arbitration Provision. We will provide you with at least 30 days advance written notice of any proposed new or deleted term or change in terms of this Arbitration Provision. You will have a fresh right to reject any such proposed changes (and only such proposed terms) in the same manner as specified above for the original provision commencing at the time of notice.

Significance of Arbitration; Limitations and Restrictions. IF YOU OR WE CHOOSE TO RESOLVE A CLAIM BY BINDING ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO (i) HAVE A COURT OR JURY DECIDE THE CLAIM BEING ARBITRATED (ii) ENGAGE IN PRE-ARBITRATION DISCOVERY (THAT IS, THE RIGHT TO OBTAIN INFORMATION FROM THE OTHER PARTY) TO THE SAME EXTENT THAT YOU OR WE COULD IN COURT, (iii) PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS IN A CLASS ACTION, IN COURT OR IN ARBITRATION, RELATING TO ANY CLAIM SUBJECT TO ARBITRATION OR (iv) JOIN OR CONSOLIDATE CLAIMS OTHER THAN YOUR OWN OR OUR OWN. OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Except as set forth below, the arbitrator’s decision will be final and binding. Only a court may decide the validity of items (iii) and (iv) above. If a court holds that items (iii) or (iv) are limited, invalid or unenforceable, then this entire Arbitration Provision will be null and void. You or we can appeal any such holding. If a court holds that any other part(s) of this Arbitration Provision (other than items (iii) and (iv)) are invalid, then the remaining parts of this Arbitration Provision will remain in force. An arbitrator will decide all other issues pertaining to arbitrability, validity, interpretation and enforceability of this Arbitration Provision. The decision of an arbitrator is as enforceable as any court order and may be subject to very limited review by a court. An arbitrator may decide a Claim upon the submission of documents alone, or a party may request a telephonic hearing if permitted by applicable rules. The exchange of non-privileged information relevant to the Claim, between the parties, is permitted and encouraged. Either party may submit relevant information, documents or exhibits to the arbitrator for consideration in deciding a Claim.

Broad Meaning of “Claims.” The term “Claims” in this Arbitration Provision is to be given the broadest possible meaning and includes (by way of example and without limitation) Claims arising from or relating to (i) the application for or issuance of your Account, (ii) use, terms, change in terms or addition of terms, closing or collection of your Account or this Agreement, (iii) advertisements, promotions or oral or written statements related to your Account, including any Claims regarding information obtained by us from, or reported by us to, credit reporting agencies or others, (iv) Claims between you and our parent corporations, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, employees, officers, directors or representatives arising from your Account or this Agreement and (v) Claims regarding the validity, enforceability or scope of this Arbitration Provision or this Agreement.

Arbitration Procedure and Costs. For a copy of relevant codes of procedure, to file a Claim or for other information about JAMS and AAA, write them, visit their web site or call them at: (i) for JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614 or info@jamsadr.com, http://www.jamsadr.com, 1-800-352-5267; or (ii) for AAA, 1633 Broadway, 10th Floor, New York, NY 10019 or websitemail@adr.org, http://www.adr.org, 1-800-778-7879. If either party fails to submit to arbitration following a proper demand to do so, that party will bear the costs and expenses, including reasonable attorneys’ fees, incurred by the party compelling arbitration. Any physical arbitration hearing that you attend will be held in the federal judicial district where you live at the time the Claim is filed. The party initiating the arbitration will pay the filing fee. You may seek a waiver of the initial filing fee or any other fees incurred in arbitration. If you seek, but do not qualify for, a waiver, we will consider any written request by you for us to pay or reimburse you for all or part of such fees. Each party will pay for its respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration. A party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. Allocation of fees and costs relating to appeals in arbitration will be handled in the same manner. For an explanation and schedule of the fees that apply to an arbitration proceeding with JAMS, please visit http://www.jamsadr.com/rules-streamlined-arbitration; for AAA, visit https://www.adr.org/rules. The appropriate fee schedule in effect from time to time is hereby incorporated by reference into this Arbitration Provision. The cost of arbitration may be higher or lower than the cost of bringing your Claim in court, depending upon the nature of your Claim and how the arbitration proceeds. Having more than one Claim and holding face-to-face hearings can increase the cost of arbitration. Again, neither you nor we will be permitted to arbitrate claims on a class-wide (that is, on other than an individual) basis. An arbitration proceeding can decide only your or our Claims. You cannot join other parties (or consolidate Claims) except with respect to persons who use your Account.

Governing Law for Arbitration. This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and will be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1 et seq., as amended, notwithstanding any other governing law provision in this Agreement. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law. Judgment upon any arbitration award may be entered and enforced, including without limitation by garnishment, attachment, foreclosure or other post-judgment remedies, in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA, in which case any party can appeal the award to a three-arbitrator panel administered by the selected arbitration administrator. The panel will reconsider de novo (that is, without deference to the ruling of the original arbitration) any aspect of the initial award requested by the appealing party.

Continued Effect of Arbitration Provision. This Arbitration Provision will continue to govern any Claims that may arise without regard to any termination or cancellation of your Account. If any portion of this Arbitration Provision (other than the provisions prohibiting class-wide arbitration, joinder or consolidation) is deemed invalid or unenforceable under the FAA, it will not invalidate the remaining portions of this Arbitration Provision. If a conflict or inconsistency arises between the code of procedures of the selected arbitration administrator and this Arbitration Provision, this Arbitration Provision will control.

DELAY IN ENFORCEMENT We can delay or waive enforcing any of our rights under this Agreement or under applicable law without losing any of those rights or any other rights. Even if we do not enforce our rights or remedies at any one time, we may enforce them at a later time.

SEVERABILITY Except as otherwise expressly provided in the Arbitration Provision, if any provision of this Agreement is finally determined to be void or unenforceable under applicable law, rule or regulation, all other provisions of this Agreement shall still be valid and enforceable.

Certain provisions of this Agreement are stated as being subject to applicable law. Such provisions may be void, unenforceable or inapplicable in some jurisdictions.

ENTIRE AGREEMENT This Agreement, including any other written, oral or electronic document incorporated into and made a part of this Agreement, is the entire agreement between you and us relating to your Account and supersedes any other prior or contemporaneous agreement between you and us relating to your Account. If there is any conflict between any one of these documents and this Agreement, the terms of this Agreement control. This Agreement may not be amended except in accordance with the other provisions of this Agreement.

GOVERNING LAW FOR CREDIT This Agreement, and any claim, dispute or controversy (whether in contract, tort, or otherwise) at any time arising from or relating to this Agreement, are governed by and construed in accordance with applicable federal law and, to the extent not preempted by federal law, the laws of Missouri (without regard to internal principles of conflict of laws), except that the arbitration provision is governed by the Federal Arbitration Act, 9 U.S.C. §§1 et seq. The legality, enforceability and interpretation of this Agreement and the amounts contracted for, charged and reserved under this Agreement will be governed by such laws. We extend credit from Missouri pursuant to Section408.145 of the Missouri Revised Statutes. You agree that this Agreement is made, executed and delivered in Missouri and that we make all credit decisions, open all accounts and issue all proceeds from, impose all fees and charges in and receive all payments from you, in our offices in Missouri. To the extent not preempted by federal law or subject to Missouri law, for purposes of state law compliance, in Maryland, we have elected Section 12-103(a)(1) of the Interest and Usury statute and the Revolving Credit Accounts statute (see Md. Com. Law Code § 12-103(a)(1) and §§ 12-501 et seq.).

YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED (ELECTRONICALLY OR OTHERWISE) AN EXACT, COMPLETELY FILLED-IN, LEGIBLE COPY OF THIS AGREEMENT, HAVE READ IT AND AGREE TO ITS TERMS.

NOTICE TO THE BUYER

1. DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES.
2. YOU ARE ENTITLED TO AN EXACT, COMPLETELY FILLED IN COPY OF THE AGREEMENT YOU SIGN.
3. YOU HAVE THE RIGHT TO PAY, IN ADVANCE, THE FULL AMOUNT DUE.

CA RESIDENTS: Interest is compounded on unpaid amounts.

CA AND UT RESIDENTS: As required by law, you are hereby notified that negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfil the terms of your credit obligations.

MD RESIDENTS: You have the right under Section 12-510 of the Commercial Law Code to receive an answer to your written inquiry regarding the status of your account.

MO RESIDENTS: Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect you (borrower) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it.

NH RESIDENTS: This Agreement provides for reasonable attorneys’ fees to be awarded to us in an action against you involving this Agreement. Reasonable attorney’s fees will be awarded to you if you prevail in any action, suit or proceeding brought by us; or an action brought by you. If you successfully assert a partial defense or set-off, recoupment or counterclaim to an action brought by us the court may withhold from us the entire amount or such portion of the attorney fees as the court considers equitable.

NJ RESIDENTS: Because certain provisions of this agreement are subject to applicable law, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey.

NY RESIDENTS: RETAIL INSTALLMENT CREDIT AGREEMENT

WI RESIDENTS: No provision of a marital property agreement, a unilateral statement under section 766.59 or a court decree under section 786.70 adversely affects the interest of the creditor unless the creditor, prior to the time the credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred.

BUYER/CARDHOLDER Your name and address, our name and address and the date on any Application or any other document or record you sign in connection with your Account are incorporated here and made a part of this Agreement and represent your name and address, our name and address, and the date on this Agreement. The electronic record of your transmission of the Unique Approval Code, if applicable, and the consummation of a sales transaction under this Agreement represents your signature on this Agreement.

CREDITOR /s/ THE BANK OF MISSOURI, PERRYVILLE, MO

Rev. Date: May 2024

BILLING RIGHTS NOTICE

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:

Account Services Dispute Resolution

P.O. Box 105374

Atlanta, GA 30348-5374

In your letter, give us the following information:

• Account information: Your name and account number.
• Dollar amount: The dollar amount of the suspected error.
• Description of problem: If you think there is an error on your 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 use this right, all of the following must be true:

1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify.
3. You must not yet have fully paid for the purchase.

If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:

Account Services Dispute Resolution
P.O. Box 105374
Atlanta, GA 30348-5374

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.

Free Credit Score Details:

Your free credit score will be available at myfortiva.com starting 60 days after your account is opened. (Registration required)

The free VantageScore 4.0 credit score provided by TransUnion^® is for educational purpose only. This score may not be used by The Bank of Missouri (the issuer of this card) or other creditors to make credit decisions.