MyPay Line of Credit Agreement - Update

Account Opening Disclosures

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your MyPay Line of Credit Agreement.

1. Definitions and General Terms. The terms and conditions under which The Bancorp Bank, N.A. (“Bank”), its authorized representatives, service providers, successors and assigns (“we,” “us,” and “our”) agree to establish a MyPay revolving line of credit account (the “Account” or “MyPay”) for the borrower (“you” and “your”) are contained in this MyPay Line of Credit Agreement (“MyPay Agreement” or “Agreement”). When this Agreement refers to a numbered “Section,” that refers to a Section in this Agreement, including all of its subsections, unless we refer to a specific subsection or a document other than this Agreement. Please read this Agreement carefully, save a copy, and keep it with your Account records. When this Agreement says we “may” take an action, this means we are authorized to take the action in our sole discretion, subject only to any limitations or requirements established by applicable law or the express terms of this Agreement. Capitalized words not defined in this paragraph are generally defined with their first use below.

A. Eligibility for MyPay.

Initial Eligibility. To become eligible for a MyPay Account, you must meet all of the following requirements:

1. You are eighteen (18) years of age or older;
2. You live in a state where MyPay is offered (see State Eligibility in this Section, below);
3. You are a member of Chime Financial, Inc. (“Chime”) with a Chime checking account (“Chime Checking Account”) in good standing with Bank;
4. You have activated your physical Chime Visa^® Debit Card, or have an open and active physical Chime Credit Builder Visa^® Credit Card or Chime Cash Rewards Visa^® Credit Card;
5. You have downloaded the Chime mobile application (“Chime App”) from either the Apple App Store or Google Play Store; and
6. You have received any of the following, determined at the time of MyPay Account opening:
   1. two (2) Qualifying MyPay Direct Deposits from an employer, payroll provider, or gig economy payer of $200.00 or more per deposit in the preceding thirty-six (36) days; 
   2. one (1) Qualifying MyPay Direct Deposit from an employer, payroll provider, or gig economy payer of $200.00 or more in the preceding thirty-six (36) days and added an Additional Data Source (as defined in this Section below); or
   3. one (1) Qualifying MyPay Direct Deposit from a known government benefits payer (such as the Social Security Administration or Department of Veterans Affairs) of $200.00 or more in the preceding thirty-six (36) days. 

A Qualifying MyPay Direct Deposit is a deposit from an employer, payroll provider, gig economy payer, known government benefits payer, or other permitted source of income by Automated Clearing House (“ACH”) or Original Credit Transaction (“OCT”). Bank ACH transfers; Pay Anyone transfers; verification or trial deposits from financial institutions; peer to peer transfers from services such as PayPal, Cash App, or Venmo; mobile check deposits; cash loads or deposits; and one-time direct deposits, such as tax refunds and other similar transactions are not Qualifying MyPay Direct Deposits. 

Additional Data Sources. In connection with your use of MyPay, we or Chime may ask for access to additional data sources (“Additional Data Sources”) in order for you to qualify earlier for a MyPay Account or to increase your Credit Limit (defined in Section 1(B) below). For example, for initial eligibility we or Chime may ask for your work email or request access to your phone’s location tracking capabilities and work address. 

We will only use information from Additional Data Sources for MyPay related purposes. Data will be used as disclosed in Chime’s U.S. Privacy Notice and The Bancorp Bank, N.A. Consumer Privacy Notice.

You are not required to provide us or Chime access to Additional Data Sources.

Continued Eligibility. For continued access to the MyPay line of credit, you must receive at least two (2) Qualifying MyPay Direct Deposits of $200.00 or more per deposit into your Chime Checking Account every thirty-six (36) days and you must continue to live in a state where MyPay is offered (see State Eligibility, below).

State Eligibility. You must live in one of the following states or the District of Columbia to be eligible for MyPay: Alabama, Alaska, Arizona, Arkansas, California, Delaware, District of Columbia, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, New Hampshire, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, and West Virginia.

You must live in a state where MyPay is offered and continue to live in that state in order to use MyPay. If you move to a state where MyPay is not offered, you will not be able to use MyPay. If you change your address, please update your address by calling 1-844-244-6363.

If you meet the eligibility requirements above and have been invited to enroll in MyPay, you can enroll through the Chime App.

You understand and agree that failure to maintain eligibility requirements may result in termination of your MyPay account.

B. Credit Limit.

Your Credit Limit is the maximum total dollar amount of Advances (see Section 4, below) that you could receive during a pay period, which is the interval between expected Qualifying MyPay Direct Deposits. Your entire Credit Limit may not be available for Advances at all times during a pay period. To determine the Advance amount you may request, please see your Maximum Available Advance amount (as defined in Section 4, below) in the Chime App. The initial Credit Limit of your Account is provided in the Chime App, and in the future you can check your Credit Limit at any time in the App. You understand and agree that we may reduce or increase your Credit Limit in our discretion at any time. You understand and agree that we do not have to provide you with advance notice of changes to your Credit Limit. Requests for increases in Credit Limits are not accepted or permitted. Your Credit Limit may be affected by direct deposit activity, Chime and Bank account activity, risk-based criteria, and availability of Additional Data Sources (as defined in Section 1(A) above and in this Section below). If for any reason the outstanding balance of your Account exceeds your Credit Limit, you promise to immediately repay the amount that exceeds your Credit Limit. 

The Additional Data Sources discussed above in Section (1)(A) may also be used for determination of Credit Limits. As an Additional Data Source for determination of Credit Limits, we or Chime may provide the option to link your payroll information through services provided by Underdog Technologies Inc., d/b/a Pinwheel (“Pinwheel”). If you enroll in this functionality, your Credit Limit may increase, and if you un-enroll in this functionality your Credit Limit may decrease.

We will only use information from Additional Data Sources for MyPay related purposes. Data will be used as disclosed in Chime’s U.S. Privacy Notice and The Bancorp Bank, N.A. Consumer Privacy Notice.

Pinwheel may require you to agree to its terms of service and privacy policy. Your obligations under this Agreement do not replace or supersede any obligation you have under Pinwheel’s terms of service and/or privacy policy that applies to your use of Pinwheel’s products and services as integrated into MyPay. We and Chime are not responsible or liable for products and services offered by Pinwheel or Pinwheel’s processing of your personal information.

2. Termination and Repayment. You or we may terminate the Account and your ability to obtain additional Advances (as defined in Section 4, below) at any time and for any reason. If you want to terminate the Account, you must call 1-844-244-6363 and notify us of your decision to close the Account. If we terminate the Account, we will promptly notify you. Any termination of the Account by you or by us will not affect your duty to repay all amounts you owe us according to the Agreement.

3. Your Promise to Us. You agree to the terms and conditions of the Agreement and promise to do everything the Agreement requires of you. You promise to pay us all amounts due on your Account, now and in the future. This promise applies any time the Account is used by you or by others you authorize to use the Account. The amounts you promise to pay in connection with your Account include the unpaid balance of all Advances (as defined in Section 4, below) made to or on behalf of you, plus any Instant Advance Fees, as described in and required by the Agreement.

4. Advances, Maximum Available Advance Amount, and Available Now Amount. 

Advances. Subject to the Credit Limit and the Agreement’s other terms and conditions, once you have opened a MyPay line of credit you may request an advance (“Advance”) to receive a portion of your Credit Limit at a given point in time before your next expected Qualifying MyPay Direct Deposit. Advances must be requested in the Chime App. 

Maximum Available Advance Amount. Your “Maximum Available Advance” amount is calculated as a portion of your Credit Limit and is based on factors including how soon your next Qualifying MyPay Direct Deposit is expected to arrive. Your Maximum Available Advance amount at any given time is shown in the Chime App. Maximum Available Advance amounts start at a minimum amount of $20.00. Maximum Available Advance amounts will fluctuate up or down based on direct deposit activity, account activity, repayments, and our ongoing determination of your creditworthiness, and may be adjusted at our discretion at any time without giving advance notice to you. If your Qualifying MyPay Direct Deposit of $200.00 or more does not arrive at the expected time, this may cause our prediction of your income to become $0, and as a result your Maximum Available Advance amount may be reduced to $0 until you receive an additional Qualifying MyPay Direct Deposit of $200.00 or more into your Chime Checking Account.

Available Now Amount. Your “Available Now” amount is the amount of the Advance available at any given time, and will be equal to the Maximum Available Advance amount less any Advances you have already taken in the applicable period. Your Available Now amount at any given time is shown in the Chime App. 

You acknowledge and agree to the fluctuating increase and decrease of Credit Limits, Maximum Available Advance amounts, and Available Now amounts. We may raise or lower Credit Limits, Maximum Available Advance amounts, and Available Now amounts at any time.

We may decline your request for an Advance that would cause your Account to exceed its current Credit Limit; if you are late in making a payment; if you are in Default (as defined in Section 12, below); if we have suspended future Advances; if you or we have terminated the Account; or if your request for an Advance has not been properly made. From time to time, Advances may be unavailable to you due to circumstances beyond our control, such as system failures, fires, floods, natural disasters or other unpredictable events. If any such event happens, we will not be responsible or liable to you. You agree not to use, try to use, or permit use of the Account for any transactions that are illegal or that we prohibit. If this happens, you must still pay us for these transactions and they remain subject to all other terms of our Agreement. You must reimburse us for all damages and expenses associated with these transactions.

5. Periodic Statements; Billing Cycles. We will prepare and provide you with a periodic statement (“Statement”) after the ending date of each monthly Billing Cycle (the “Closing Date” of that Billing Cycle), unless the law does not require or permit us to provide the Statement. A Billing Cycle refers to the number of days between Closing Dates and is equal to one month. Each Statement will show the total amount you owed as of the Closing Date for the prior Billing Cycle (the “Previous Balance” of your Account), plus the amounts we added based on repayments and subtracted based on Advances and any Instant Advance Fees during the Billing Cycle to determine the total amount you owe as of the Closing Date for the most recently completed Billing Cycle (the “New Balance”). The Statement we provide after the Closing Date of your most recently completed Billing Cycle is your “Current Statement.” Each Statement will also show any outstanding amounts owed at the end of that Billing Cycle. Your Billing Cycles will generally be equal in length, with minor exceptions. The first Billing Cycle between the date we open your Account and the first Closing Date may not be the same length as other Billing Cycles. Even if your first Billing Cycle is shorter or longer than other Billing Cycles, you understand that you must pay all outstanding amounts that are owed. 

Your Statement will show a “Due Date” for payment of your outstanding balance. Please note that there is no penalty or late fee for failure to pay by the Due Date. You may continue to repay your balance by debits from your Checking Account after your next Qualifying MyPay Direct Deposits, as authorized by you.

You understand and agree that we may adjust your Billing Cycle after we give you any notice, wait any applicable or required time period, and give you the right to close your Account and reject our changes to the Agreement as may be required by applicable law or described in our notice to you.

6. Interest Charges and Fees. We will not assess any interest or periodic finance charge on your Account balance. You have an option to access each Advance for free without any fees with the normal processing time of up to two (2) days, but if you choose to access the Advance instantly, you agree to pay an Instant Advance Fee of $2.00 per Instant Advance.

The Bank reserves the right, with prior notice to you and after any right or opportunity to close your Account and reject the changes in the manner required or allowed by applicable law, to in the future: (1) add or change fees; and (2) impose a finance charge on an outstanding balance. Changes to fees or imposition of a finance charge would not be applied to current or outstanding balances prior to the effective date of the change and would only be imposed after the appropriate notice period required by law.

If you are a Covered Borrower under the Military Lending Act as discussed in Section 21 of this Agreement, we will waive all Instant Advance Fees while you are a Covered Borrower. If we are unable to determine if you are a Covered Borrower under the Military Lending Act because of a system outage, we may choose to waive the Instant Advance Fees for all members during the outage. Once we are able to conduct checks for covered borrower status, we will resume charging Instant Advance Fees for members who are not Covered Borrowers under the Military Lending Act.

7. Payments. You agree to pay all amounts due on your Account. There are no minimum or maximum payment amounts. You agree that you will authorize us to debit your Chime Checking Account for the amount of any outstanding MyPay Advance(s) when you receive a subsequent direct deposit from an Eligible Source (as defined below), as well as fees for any optional Instant Advance(s) you elect to make as outlined in Section 6 above, up to the amount of the direct deposit from an Eligible Source. We will ask for your authorization to debit your Chime Checking Account to repay your Advance and any fees at the time that you request an Advance. If you are enrolled in any automated payment programs for any Chime branded products other than MyPay, those payments will be deducted from your Chime Checking Account prior to any MyPay settlement. If you receive a direct deposit from an Eligible Source that is sufficient to cover only part of your outstanding MyPay Advance and/or Instant Advance fees, you authorize us to automatically debit your Chime Checking Account up to the amount of the direct deposit. Funds will be debited from your Chime Checking Account up to the amount of the portion of the direct deposit available to settle your outstanding MyPay Advance first to cover any Instant Advance Fees incurred and then to settle any My Pay Advances. In no event will we automatically initiate more than four (4) debits from your Chime Checking Account to settle a single MyPay transaction. If your outstanding MyPay Advance amount is under $20, we will settle from the portion of your direct deposit available to settle your outstanding MyPay Advance(s) plus any fees. If your outstanding MyPay Advance amount is $20 or more, we will settle from your direct deposit of $20 or more.

An “Eligible Source” is any source other than a bank transfer, trial deposit, tax refund, or commission. For example, Eligible Sources include, but are not limited to, payroll payers, government benefits payers, and deposits by Original Credit Transaction (OCT) from your gig economy payer. 

You represent and warrant that you have the right to authorize deductions from your Chime Checking Account in accordance with this Agreement. You will indemnify and hold us harmless from any claims by any other owner of the Chime Checking Account. 

If we are unable to deduct the entire outstanding amount of any MyPay Advances received by you or Instant Advance fees incurred from deposits in your Chime Checking Account, either in full or in part, we warrant that neither Bank nor Chime will have any legal or contractual claim or remedy against you based on such failed debit attempts, but your enrollment in MyPay may be terminated. Further, neither Bank nor Chime will refer the debt to a third party debt collector, sell the debt to a third party debt buyer, or report to a consumer reporting agency in connection with MyPay.

To change your decision regarding an authorization to debit your Checking Account, please contact Member Services by calling 1-844-244-6363. If your reason for the change in authorization involves a claim of an unauthorized transaction or other type of billing error, the billing error procedures set forth at the end of this Agreement will apply.

Please note that we do not charge interest on any outstanding MyPay amount. Your credit score will not be impacted if you do not repay an outstanding MyPay balance. Neither Bank nor Chime will furnish information about your use of MyPay to credit reporting agencies or other creditors.

You may also pay all of your MyPay Account balance at any time without penalty by calling 1-844-244-6363. Your repayment amount will be equal to the amount of all Advances plus any Instant Advance Fees that remain unpaid. Payments made to your Account will be posted in any time and manner required by law. You agree to monitor your Account Statements to ensure payments are being received and applied to your Account in a timely manner. You agree that we may apply payments to your Account in the order we select from time to time, except as may be expressly prohibited by Applicable Law or as expressly required by this Agreement. You agree that payments shall be made to us in lawful money of the United States of America.

8. Credit Information. You agree to provide us with all information that we need about you related to your MyPay Account from time to time. You agree to respond promptly to any request we make for information about you as needed for your MyPay Account.

9. Notices. Unless you have withdrawn your consent for us to use electronic records and signatures, we will use your designated electronic mail address, along with the website and/or mobile app we administer, to provide Account notices and Statements to you. If you have withdrawn your consent for us to use electronic records and signatures, we will use the mailing address of the Borrower that we maintain in our servicing systems. You must immediately notify us, using the contact information we disclosed to you with your most recent Statement, if you wish to change the address to which we send Account notices and Statements. Any notice required of us under this Agreement will be considered delivered the date the notice is electronically provided or mailed to you using the most recent address we maintain for you. Any notice you are required or allowed to provide us under this Agreement will be considered delivered on the date when we receive it from you at the contact information we disclosed in your most recent Statement.

10. Transfer and Assignment. We may sell or transfer all or a portion of this Account and its unpaid balances at any time and without advance notice to you. We may assign the servicing of your Account to a new servicer. In that event, you agree to take any actions we determine, in our sole discretion, are or may be necessary or useful to effectuate such transfer. You may not assign any of your rights under this Agreement to a third party. You may not delegate any of your responsibilities under this Agreement to a third party.

11. Governing Law. The National Bank Act governs all fees or charges set forth in this Agreement. Section 20 of this Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 through § 16, as amended, and not by any state law regarding arbitration, regardless of your or our state of residence. Except as provided above regarding fees, charges, and arbitration, this Agreement is governed by the laws of the United States of America and South Dakota, and, only to the extent required by applicable law, the laws of the jurisdiction where you reside, and not the conflicts of law principles of any jurisdiction. If the terms of this Agreement conflict with any applicable state or federal law, this Agreement will be modified to resolve the conflict, provided that any term or condition of this Agreement that is not in conflict will be enforceable in accordance with its terms. If any term of this Agreement is determined to be invalid or unenforceable, the determination will not affect any other term and all other terms will remain enforceable (except as otherwise provided in the Arbitration Agreement in Section 20 below).

12. Default. To the extent permitted or not restricted by applicable law, we may determine that an event of Default has occurred under this Agreement (each, a “Default”) if:

• You fail to maintain the eligibility requirements, including but not limited to maintaining a Chime Checking Account and receiving Qualifying MyPay Direct Deposits; or
• You fail to pay any amount required by this Agreement; or 
• You are in default in any of your other obligations to us under this Agreement; or 
• You make, or someone on your behalf makes or furnishes, a materially false statement or representation with respect to this Agreement; or 
• You become insolvent, make an assignment for the benefit of creditors, or fail to pay your debts as they come due, including debts to Chime and/or Bank; or
• You file (or have filed against you) any bankruptcy, insolvency, or debtor rehabilitation proceeding; or
• You die or are legally declared incompetent or incapacitated; or
• You engage in abusive behavior or other behavior prohibited by Chime and/or Bank; or
• Your account is terminated due to a legal request or request by a law enforcement agency.

Unless the law requires us to notify you and wait before we may take action, you understand and agree that, after any event of Default and without advance notice to you, we may take any one or more of the following actions: (a) we may temporarily suspend or permanently terminate your right to obtain Advances from the Account; (b) we may require that you make immediate partial or full payment of the outstanding balance of the Account, including unpaid fees; (c) we may lower your Credit Limit; and/or (d) we may close the Account. 

Any delay by us in using any right or remedy will not mean that we have waived that right or remedy. If we do waive a right or remedy, it will not mean that we have waived all our rights and remedies. Our partial use of a right or remedy will not mean that we have waived other rights or remedies. We will not waive a Default by accepting partial payment of any amount due. All rights and remedies will be cumulative and we may use them individually or in combination, and in any order we choose.

13. Change in Terms. You may not change the terms of this Agreement without our express written consent. We may add, change, or delete any of the terms of this Agreement (including, but not limited to, any fees or other charges), at any time and for any reason, after we give you any notice, wait any time period, and give you any right or opportunity to close your Account and reject the changes in the manner required or allowed by applicable law. These additions, changes, or deletions will become effective as of the identified date shown in any notice we send. 

After the identified date, these additions, changes, or deletions of any term of the Agreement will apply to new Advances you obtain, to the extent permitted by applicable law.

14. Miscellaneous. 

A. Waiver of Notice. You waive notice of each of the following acts and agree that none of the following acts release or discharge you from any of your duties under this Agreement or give rise to any claim or defense in your favor: any renewal, extension, modification, or the granting of any waiver of any nature whatsoever by us; any addition of or partial or entire release of a borrower. 

B. Mistake. In no event will we charge more than applicable law allows, but if we do by mistake, we will return any overcharge to you.

C. Merger and No Other Writings. This Agreement, as amended from time to time pursuant to the terms of the Agreement, constitutes the complete and entire statement of all conditions and representations with regard to the subject matter herein and supersedes all prior writing or understandings, whether written or oral. A credit agreement must be in writing to be enforceable. Oral agreements or commitments to lend money, extend credit, or forbear from enforcing repayment of a debt, including promises to extend or renew such debt, are not enforceable. 

15. Communications Concerning Disputed Debts. ALL OF YOUR COMMUNICATIONS TO US ABOUT DISPUTED DEBTS MUST BE SENT TO US IN WRITING AT THE FOLLOWING ADDRESS: PO BOX 417, SAN FRANCISCO, CA 94104.

16. Consent for Communications. By providing at any time the number of your landline telephone, mobile telephone or other wireless device or email address, you give your express consent for us and any of our affiliates, agents, service providers, or assignees to call you, using an automatic telephone dialing system or otherwise, to leave you a voice, prerecorded or artificial voice message, and to send you a text, email, or other electronic message for any purpose related to the servicing and collection of the Account and for other informational purposes related to the Account and any product or service you request or obtain from us (each, a “Communication”). You agree that we and any of our affiliates, agents, service providers, or assignees may send a Communication to any telephone number associated with your Account that you provide to us, now or in the future, including mobile telephone numbers. You agree that we and any of our affiliates, agents, service providers, or assignees may send an email message to any email address associated with my Account that you provide to us, now or in the future. You agree that we and any of your affiliates, agents, service providers, or assignees may include your personal information in a Communication. We will not charge you for a Communication, but your service provider may. You understand and agree that we and any of your affiliates, agents, service providers or assignees may always communicate with you in any manner permitted by law that does not require your prior consent. You agree that we and any of your affiliates, agents, service providers, or assignees may monitor and record telephone calls with you to assure the quality of service or for other business reasons, without the need for any additional notice to you or approval from you, unless required by applicable law.

17. Customer Changes. You must tell us at once if you change your name or address. You may notify us by calling 1-844-244-6363.

18. Correction of Clerical Errors. You agree to fully cooperate and adjust for clerical errors if we request that you do so.

19. Severability. If any provision of this Agreement is in conflict with applicable law, that provision will be considered to be modified as necessary to confirm with applicable law.

20. ARBITRATION AGREEMENT

1. MANDATORY ARBITRATION: UNLESS OTHERWISE STATED IN THIS AGREEMENT, AND EXCEPT WITH RESPECT TO A BORROWER COVERED BY THE MILITARY LENDING ACT, ANY “DISPUTE” BETWEEN THE PARTIES SHALL, AT THE ELECTION OF YOU, US, OR ANY OF OUR SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “PARTIES”), BE RESOLVED BY A NEUTRAL, BINDING ARBITRATION, AND NOT BY A COURT OF LAW. THIS PROCEDURE INCLUDES ANY DISPUTE OVER THE INTERPRETATION, SCOPE, OR VALIDITY OF THIS AGREEMENT, THE ARBITRATION AGREEMENT, OR THE ARBITRABILITY OF ANY ISSUE, EXCEPT THAT THE PARTIES’ WAIVER OF ANY RIGHT TO BRING A CLASS ACTION OR TO PARTICIPATE IN A CLASS ACTION AS PROVIDED FOR UNDER PARAGRAPH G SHALL BE SOLELY DETERMINED BY THE APPROPRIATE COURT, IF NECESSARY. THE ARBITRATION AGREEMENT APPLIES TO THE PARTIES, INCLUDING THEIR RESPECTIVE EMPLOYEES OR AGENTS, AS TO ALL MATTERS THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT, OR ARE IN ANY WAY CONNECTED WITH THE PARTIES’ RELATIONSHIP AND THE ORIGINATION, SERVICING, OR COLLECTION OF ANY LOAN OR LINE OF CREDIT CONTEMPLATED BY THE AGREEMENT. 
2. DISPUTE: THE TERM “DISPUTE” MEANS ANY ACTION, DISPUTE, CLAIM, OR CONTROVERSY OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE AGREEMENT, FINANCING, CONTRACTS, ORIGINATION, SERVICING, COLLECTION, REPORTING, OR ANY OTHER ASPECT WHATSOEVER OF THE PAST, PRESENT, OR FUTURE RELATIONSHIP OR CONDUCT OF THE PARTIES. THE TERM “DISPUTE” INCLUDES WITHOUT LIMITATION: CLAIMS UNDER FEDERAL OR STATE CONSUMER PROTECTION LAWS; CLAIMS IN TORT OR CONTRACT; CLAIMS UNDER STATUTES OR COMMON LAW; CLAIMS AT LAW OR IN EQUITY; ANY OTHER PAST, PRESENT, OR FUTURE CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE.
3. FACTS ABOUT ARBITRATION: ARBITRATION IS A PROCESS IN WHICH A NEUTRAL ARBITRATOR DECIDES A DISPUTE INSTEAD OF A JUDGE OR JURY. EACH SIDE HAS AN OPPORTUNITY TO PRESENT SOME EVIDENCE TO THE ARBITRATOR. A PARTY’S ABILITY TO DISCOVER THINGS MAY BE LIMITED. ARBITRATION PROCEEDINGS ARE PRIVATE AND LESS FORMAL THAN COURT TRIALS. OTHER RIGHTS THAT THE PARTIES MIGHT HAVE IN COURT MIGHT NOT BE AVAILABLE IN ARBITRATION. AN ARBITRATOR ISSUES AN AWARD. A COURT MAY THEN ENFORCE THE AWARD LIKE A COURT JUDGMENT. COURTS RARELY OVERTURN AN ARBITRATOR’S AWARD. 
4. RULES: WRITTEN NOTICE SHALL BE GIVEN FOR ANY DISPUTE. SUCH NOTICE SHALL BE GIVEN BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED. ANY NOTICE WE SEND YOU MUST BE SENT TO THE MOST RECENT ADDRESS WE MAINTAIN FOR YOU IN CONNECTION WITH THIS AGREEMENT. ANY NOTICE YOU SEND US OR OUR ASSIGNEE OR SUCCESS MUST BE SENT TO THE ADDRESS IN PARAGRAPH N OF THIS ARBITRATION AGREEMENT. THE PARTY INITIATING THE ARBITRATION MUST SET FORTH IN THE NOTICE THE NATURE AND FACTUAL BASIS OF THE DISPUTE, THE NAMES AND ADDRESSES OF ALL OTHER PARTIES, THE AMOUNT INVOLVED, AND THE SPECIFIC RELIEF REQUESTED. THE PARTY RESPONDING TO SUCH A NOTICE MAY ANSWER AND SIMILARLY SET FORTH ANY COUNTERCLAIMS. THE ARBITRATION SHALL BE CONDUCTED BY ONE NEUTRAL AND IMPARTIAL ARBITRATOR MUTUALLY AGREED UPON BY THE PARTIES. THE ARBITRATOR MUST BE AN ATTORNEY OR RETIRED JUDGE. IN THE EVENT THAT THE PARTIES CANNOT AGREE ON AN ARBITRATOR, THE PARTIES AGREE THAT AN ARBITRATOR MAY BE APPOINTED BY A COURT IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT (9 U.S.C. §§1, ET SEQ.). THE ARBITRATOR MAY CONDUCT ALL NECESSARY PRELIMINARY PROCEEDINGS, PROVIDE FOR THE EXCHANGE OF INFORMATION AND/OR DISCOVERY, AND SET THE TIME, DATE, AND PLACE OF ANY HEARING, AFTER REASONABLE NOTICE TO AND CONSULTATION WITH THE PARTIES. THE AWARD SHALL BE ISSUED, WITHOUT A WRITTEN DETERMINATION, NO LATER THAN 30 DAYS FROM THE DATE ANY HEARING IS COMPLETED. 
5. STANDARDS AND LAW: THE PARTIES AGREE THAT THE AGREEMENT INVOLVES INTERSTATE COMMERCE AND THAT THIS ARBITRATION AGREEMENT IS GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1 THROUGH 16 AS AMENDED (“FAA”). THE ARBITRATOR SHALL STRICTLY APPLY APPLICABLE SUBSTANTIVE LAW AND APPLICABLE STATUTES OF LIMITATION CONSISTENT WITH THE FAA AND SHALL HONOR CLAIMS OF PRIVILEGE RECOGNIZED AT LAW.
6. JURY TRIAL WAIVER: THE PARTIES HEREBY AGREE TO GIVE UP THEIR RESPECTIVE RIGHTS TO A TRIAL BY A JURY.
7. CLASS ACTION WAIVER: THE PARTIES AGREE TO GIVE UP ANY RIGHT THEY MAY HAVE TO BRING A CLASS ACTION LAWSUIT OR CLASS ARBITRATION, OR TO PARTICIPATE IN EITHER AS A CLAIMANT. THE PARTIES AGREE TO GIVE UP ANY RIGHT TO CONSOLIDATE OR JOIN ANY ARBITRATION PROCEEDING WITH THE ARBITRATION OF OTHERS. THE PARTIES GIVE UP THE RIGHT TO SERVE AS A PRIVATE ATTORNEY GENERAL IN ANY JURISDICTION IN WHICH SUCH PROCEDURE MIGHT BE PERMITTED. TO THE EXTENT THE PARTIES ARE PERMITTED TO FILE SMALL CLAIMS UNDER PARAGRAPH K, THE PARTIES AGREE THAT ANY SMALL CLAIM MAY ONLY BE BROUGHT ON AN INDIVIDUAL BASIS AND THAT NO SMALL CLAIM MAY BE BROUGHT ON A CLASS OR REPRESENTATIVE BASIS.
8. PUNITIVE DAMAGE WAIVER: THE PARTIES WAIVE ANY RIGHT TO SEEK OR RECOVER PUNITIVE DAMAGES IN ANY DISPUTE. NO ARBITRATOR SHALL HAVE THE POWER OR AUTHORITY TO AWARD PUNITIVE DAMAGES.
9. FEES AND COSTS: WE OR OUR ASSIGNEE SHALL PAY ALL OF THE ARBITRATOR’S FEES AND EXPENSES, REGARDLESS OF WHICH PARTY FILES FOR ARBITRATION. THE PARTIES SHALL BE RESPONSIBLE FOR THEIR OWN ATTORNEYS’ FEES ASSOCIATED WITH ARBITRATION, UNLESS OTHERWISE ALLOWED FOR UNDER APPLICABLE SUBSTANTIVE LAW AND AWARDED BY THE ARBITRATOR. 
10. SELF-HELP: NOTWITHSTANDING THIS ARBITRATION AGREEMENT, THE PARTIES RETAIN THE RIGHT TO EXERCISE SELF-HELP REMEDIES AND TO SEEK PROVISIONAL REMEDIES FROM A COURT, PENDING FINAL DETERMINATION OF THE DISPUTE BY THE ARBITRATOR. NO PARTY WAIVES THE RIGHT TO ELECT ARBITRATION OF A DISPUTE BY EXERCISING SELF-HELP REMEDIES, FILING SUIT, OR SEEKING OR OBTAINING PROVISIONAL REMEDIES FROM A COURT.
11. EXCEPTIONS: THE PARTIES AGREE THAT THIS ARBITRATION AGREEMENT IS NOT APPLICABLE TO “SMALL CLAIMS,” MEANING THOSE CLAIMS THAT EITHER PARTY IS ENTITLED TO FILE AND MAINTAIN IN AN APPROPRIATE SMALL CLAIMS COURT OR ANY ACTION WHERE THE TOTAL AMOUNT IN CONTROVERSY IS NO GREATER THAN $10,000, INCLUDING ANY CLAIMS FOR ATTORNEY’S FEES AND NON-MONETARY RELIEF.
12. SEVERABILITY: IF IT IS DETERMINED THAT ANY PARAGRAPH OR PROVISION IN THIS ARBITRATION AGREEMENT IS ILLEGAL, INVALID, OR UNENFORCEABLE, SUCH ILLEGALITY, INVALIDITY, OR UNENFORCEABILITY SHALL NOT AFFECT THE OTHER PARAGRAPHS AND PROVISIONS OF THIS ARBITRATION AGREEMENT. THE REMAINDER OF THIS ARBITRATION AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT AS IF THE SEVERED PARAGRAPH OR PROVISION HAD NOT BEEN INCLUDED. NOTWITHSTANDING THIS SEVERABILITY PROVISION, IF A COURT OF COMPETENT JURISDICTION DETERMINES PARAGRAPH G TO BE ILLEGAL, INVALID, OR UNENFORCEABLE, THE PARTIES AGREE THAT SUCH WAIVER SHALL NOT BE SEVERED AND THAT THIS ARBITRATION AGREEMENT SHALL BE VOID IN ITS ENTIRETY.
13. SURVIVAL OF ARBITRATION AGREEMENT: THIS ARBITRATION AGREEMENT WILL SURVIVE AND CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING CANCELLATION, TERMINATION, AMENDMENT, PAYMENT IN FULL, DISCHARGE IN BANKRUPTCY, OR OTHER EXPIRATION OR CONCLUSION OF THE AGREEMENT OR ANY OTHER CONTRACT OR TRANSACTION BETWEEN THE PARTIES, UNLESS OTHERWISE AGREED IN WRITING. IN ADDITION, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RIGHTS AND RESPONSIBILITIES AFFORDED TO US UNDER THIS ARBITRATION AGREEMENT SURVIVE ANY ASSIGNMENT OF THE AGREEMENT BY US AND THAT WE OR OUR ASSIGNEE CAN ENFORCE THIS ARBITRATION AGREEMENT IN THE EVENT A DISPUTE ARISES AFTER THE ASSIGNMENT OF THE AGREEMENT.
14. RIGHT TO REJECT ARBITRATION: IF YOU DO NOT WANT THIS ARBITRATION AGREEMENT TO APPLY, YOU MAY REJECT IT BY MAILING A WRITTEN NOTICE TO US AT PO BOX 417, SAN FRANCISCO, CA 94104 THAT DESCRIBES THE AGREEMENT AND STATES THAT YOU ARE REJECTING THE ARBITRATION AGREEMENT. A REJECTION NOTICE IS ONLY EFFECTIVE IF IT IS SIGNED BY YOU AND THE ENVELOPE THAT THE REJECTION NOTICE IS SENT IN IS POSTMARKED NO MORE THAN 30 CALENDAR DAYS AFTER THE DATE OF THE FIRST ADVANCE OR OTHER TRANSACTION MADE UNDER THIS AGREEMENT. EVEN IF YOU REJECT THIS ARBITRATION AGREEMENT, PARAGRAPHS F AND H OF THE ARBITRATION AGREEMENT SHALL REMAIN VALID AND EFFECTIVE, AND WILL BE INCORPORATED INTO THE AGREEMENT. IF YOU REJECT THIS ARBITRATION AGREEMENT, IT WILL NOT AFFECT ANY OTHER PROVISIONS OF THE AGREEMENT OR YOUR OBLIGATIONS UNDER THE AGREEMENT. IF YOU DO NOT PROPERLY REJECT THIS ARBITRATION AGREEMENT, IT WILL BE EFFECTIVE AS OF THE DATE YOU SIGN THE AGREEMENT.

FOR ALL DISPUTES COVERED BY THIS ARBITRATION AGREEMENT, THE PARTIES HAVE AGREED TO WAIVE THEIR RIGHT TO A TRIAL BY JURY, THEIR RIGHT TO PARTICIPATE IN CLASS ACTIONS, AND THEIR RIGHT TO SEEK PUNITIVE DAMAGES. EXCEPT FOR DISPUTES AND CLAIMS NOT SUBJECT TO THIS ARBITRATION AGREEMENT, ARBITRATION SHALL BE IN PLACE OF ANY CIVIL LITIGATION IN ANY COURT AND IN PLACE OF ANY TRIAL BY JURY.

THE TERMS OF THIS ARBITRATION AGREEMENT AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT UNDERSTAND ANY TERMS OF THIS ARBITRATION AGREEMENT OR THE COST, ADVANTAGES OR DISADVANTAGES OF ARBITRATION, SEEK INDEPENDENT ADVICE BEFORE THIS AGREEMENT BECOMES EFFECTIVE. BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY EACH OF THE PROVISIONS, COVENANTS, STIPULATIONS AND AGREEMENTS SET FORTH ABOVE.

21. Military Lending Act. Certain members of the Armed Forces and their dependents (“Covered Borrowers”) are protected by the Military Lending Act, 10 U.S.C. § 987, and its implementing regulations, 32 C.F.R. Part 232 (“MLA”), as amended, renumbered, or supplemented. This section applies only to Covered Borrowers. If you are a Covered Borrower as defined by the MLA, any waiver of your right to legal recourse under any state or federal law, and any other provision in this Agreement that is unenforceable against you under the MLA, does not apply to you. 

Statement of MAPR: 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%. This rate must include, as applicable to the credit transaction or account: (1) the costs associated with credit insurance premiums; (2) fees for ancillary products sold in connection with the credit transaction; (3) any application fee charge (other than certain application fees for specified credit transactions or accounts); and (4) any participation fee charged (other than certain participation fees for a credit card account). 

Oral Disclosures: To hear important MLA disclosures and payment information provided in this Agreement, please call the following toll-free number: 1-844-244-6363.

22. State Disclosures

CALIFORNIA RESIDENTS: A married applicant may apply for a separate account.

IOWA RESIDENTS: IMPORTANT: Read before signing. The terms of this Agreement should be read carefully because only those terms in writing are enforceable. No other terms or oral promises not contained in this written contract may be legally enforced. You may change the terms of this Agreement only by another written agreement.

MISSOURI and NEBRASKA 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.

NEW HAMPSHIRE RESIDENTS: [The notice below is required by law; we will not file any action, suit, or proceeding against you involving this Agreement and have deleted those portions of the notice as inapplicable.]

Reasonable attorney’s fees shall be awarded to you if you prevail in any action, suit, or proceeding brought by you. 

NORTH CAROLINA RESIDENTS: The State of North Carolina has not reviewed and does not approve, recommend, endorse or sponsor any loan brokerage contract. The information contained in this disclosure has not been verified by the State. If you have any questions see an attorney before you sign a contract or agreement.

TEXAS RESIDENTS: We are not required to demand payment of amounts due; we are not required to give notice that amounts due have not been paid or have not been paid in the appropriate amount, time, or manner; and we are not required to give notice that we intend to make or are making this agreement immediately due and payable.

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: 

PO Box 417

San Francisco, CA 94104

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. 

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 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. 

By signing this Agreement electronically, you acknowledge that you received, reviewed, understand, and agree to all of the terms and conditions of this Agreement, including the Arbitration Provision.

This is a consumer credit transaction.