Cardholder Agreement

This Mission Lane Visa® Credit Card Cardholder Agreement, together with your Mission Lane Visa® Credit Card Account Opening Disclosure, Arbitration Agreement, card carrier and credit card application (collectively, this “Agreement”) govern the use of The Mission Lane Visa® Credit Card (“Card”) and related credit account (“Account”). All of the separate documents governing the Account, and any future changes we may make to this Agreement, are part of this Agreement. Please read this Agreement and retain a copy for your records. The date of this Agreement is set forth on your card carrier. However, this Agreement will only become effective if and when you (or a person authorized by you) activate your card by following the instructions on the sticker on the card, by contacting us with your request to activate the card, and make a transaction using the card. Prior to then, you will not be responsible for any Card transaction if the Card is lost or stolen. Your first transaction must be a Purchase (as defined below) and not a Cash Advance (as defined below). Your use of the Card is your consent to be bound by the terms of this Agreement.

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The Card is issued by Transportation Alliance Bank, Inc. dba TAB Bank (“TAB”), Ogden, UT, pursuant to a license from Visa U.S.A. Inc. TAB is the creditor and Card issuer. As used in this Agreement, “we,” “us,” and “our” mean TAB, and any assignee of its rights. The words “you” and “your” mean all persons responsible for complying with this Agreement, including the applicant, the cardholder, any guarantor and the person to whom we address Account statements.

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Use of the Card and Account: You may use the Card to make transactions only for personal, family or household purposes from any person or establishment accepting the Card (each such transaction, a “Purchase”), to obtain cash advances from us or obtain cash or cash equivalents (each such transaction, a “Cash Advance”) and to take advantage of other features of the Card. Cash Advances include: (a) using any convenience check we provide you; (b) obtaining funds through an automated teller machine (ATM) or a financial institution; (c) purchasing a wire transfer, money order, foreign currency, travelers checks, lottery ticket, stored value load or other item that is a cash equivalent; (d) making a balance transfer from another account if we allow such transfers; or (e) engaging in any similar transaction.

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You agree to use the Card and Account only for legal and lawful purposes. Neither the Card nor the Account may be used for gambling purposes, whether online or otherwise, or for the purpose of paying us on this or any other form of credit account you may have with us. If you do use your Card for any such purpose, you will be in default under this Agreement and we may block such transactions and/or terminate your Account, but you still will be liable to us for all charges relating to such transactions and all other transactions on your Account at the time it is closed

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Promise to Pay: You promise to pay us for all amounts charged to the Account, including all transactions, interest, fees and charges charged to your Account. You are obligated to repay us for all transactions made using your Card by people you have authorized to use the Card even if their use of the Card exceeds the authorization which you gave them.

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Servicer: Mission Lane LLC (“Mission Lane”), along with its partners and service providers, is the servicer of your Card and Account. In that capacity, Mission Lane may act on our behalf, perform our obligations, or enforce our rights under this Agreement.

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Credit Limits: We will extend credit to your Account up to a maximum amount for Purchases (your “Credit Limit”). On your billing statements, we will provide information about your Credit Limits and remaining credit as of the billing statement date. You agree not to exceed your Credit Limit. However, if you exceed your Credit Limit, we may authorize the transaction without increasing your Credit Limit, and you will remain liable for all amounts payable under this Agreement. At our discretion, we may block transactions that would exceed your Credit Limit.

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We will evaluate your Account at least once within the first 12 months of the Account opening to determine whether your Account is eligible for an increase in Credit Limit based on certain factors, including but not limited to: 1) your history of on-time payments; 2) whether the Account is or has been over the Credit Limit; 3) whether or not the Account is currently or has been restricted from charging privileges; 4) whether or not you have closed the Account or have filed for bankruptcy; 5) whether you have an actual ability to pay the higher credit limit. At our discretion, and subject to applicable law, we may change your Credit Limit at any time without advance notice to you.

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Cash Advance Limit: Your Account is subject to a Cash Advance limit equal to 25% of your total Credit Limit ("Cash Advance Limit"). This means we will not honor Cash Advance transactions that would cause the total amount of outstanding and unpaid Cash Advances to exceed 25% of your overall credit limit.

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Payments:
Minimum Payment. Your Account will be on a monthly billing cycle. Each billing cycle, you must pay at least the minimum payment amount by the payment due date shown on your billing statement (“Payment Due Date”). As specified in your Cardholder Agreement, the minimum payment is the greater of (a) $25 or $35 (the “Minimum Amount” identified in your Cardholder Agreement), and (b) one of the following (“Minimum Payment”):

• 3% of the new balance (rounded up to the nearest dollar), or
• 1% of the new balance, plus the total billed interest charges and fees we have billed you on the statement for which your minimum payment is calculated, excluding your annual fee (rounded up to the nearest dollar), or
• 1% of the new balance, plus the total billed interest charges on the statement for which your minimum payment is calculated (rounded up to the nearest dollar).

Any new balance less than the Minimum Amount is payable in full. The Minimum Payment will also include any amount past due.

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If you make a payment greater than your Minimum Payment, this does not affect your obligation to make the Minimum Payment due on the next billing statement. We do not pay interest on overpayments or any other credit balances created on your Account. Credits to your Account, such as from merchants, are generally not considered payments and will not reduce your Minimum Payment amount.

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When Payments Are Due. We must receive at least the Minimum Payment due on your Account by 5:00 p.m. Eastern Time on the Payment Due Date of each billing period (“Cut-Off Time”). Payments received after the Cut-Off Time will be credited as of our next business day. Credit to your Account may be delayed for up to five (5) days if we accept a payment that does not adhere to the requirements set forth in this section and on your statement. The available credit on your Account may not reflect your payment for up to five (5) business days if we doubt the collectability of the payment or if we suspect fraudulent activity on your Account. Nonetheless, we will credit your payment to your Account as of the business day that we receive it, provided we receive your payment prior to the Cut-Off Time.

We may accept late payments, partial payments, or any payments marked or specially designated as being payment in full or as being similarly in settlement of any dispute, without losing any of our rights under this Agreement or under the law to collect all amounts due and payable on your Account. Our acceptance of such payments does not mean we agree to change this Agreement in any way.

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Payment Options. You can pay online through your online account, by mail, or by setting up automatic payments. Your payment must be made in U.S. dollars with a draft or a check drawn on a U.S. bank and payable in U.S. dollars, or with a telephonic or electronic payment authorization in U.S. dollars. You agree not to send us any post-dated checks. If you do, we may deposit it immediately upon receipt, despite the later date on the check.

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Payment Allocation. We will apply the required Minimum Payment to balances on your Account using any method we choose, in accordance with applicable laws and regulations. Although your Minimum Payment will be applied in any order at our discretion, payments in excess of the Minimum Payment will be applied to balances with the highest APR first and then to lower rate balances in descending order of APR.

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Calculation of Finance Charge and Average Daily Balance:
Daily Periodic Rates. The daily periodic rates for Purchases and Cash Advances are based on APR for Purchases and Cash Advances, respectively, which may be adjusted monthly. The current daily periodic rate for Purchases and Cash Advances on your Account is calculated by taking the applicable APR divided by 365 (“Daily Periodic Rate”).

How We Calculate Interest. We use the average daily balance (“ADB”) method (including new transactions) to calculate interest on your Account. We calculate the interest charge for each type of balance on your Account by applying the Daily Periodic Rate to the ADB. Then, we multiply this amount by the number of days in the billing cycle.

The ADB for Purchases and Cash Advances are calculated separately, starting with the beginning balance on the first day of each billing cycle. The beginning balance on the first day of the billing cycle includes the following:

• The prior billing cycle’s ending balance, which includes any applicable unpaid fees posted to your Account in the prior billing cycle, and
• Any late payment fees posted in the current billing cycle that are related to a late payment in the prior billing cycle.

To get the ADB for each type of balance, we take the beginning balance each day and add any new transactions (including fees). Then, we subtract any payments or credits. If specified in your Cardholder Agreement, we may also subtract non-accruing fees and unpaid interest charged. Depending on your Account and if specified in your Cardholder Agreement, except for the first day of each billing cycle, we add interest equal to the previous day’s balance multiplied by the Daily Periodic Rate. (This means interest is compounded daily.) This gives us the daily balance. Transactions subject to a grace period are not added to the daily balances. Any daily balance that is a credit balance will be treated as zero. Then, we add up all the daily balances for the billing cycle. We divide this amount by the number of days in the billing cycle. This gives us the ADB.

Minimum Interest Charge. If you are charged interest in a billing cycle, the charge will be no less than $0.50 on Purchases and Cash Advances.

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When Interest Charges Begin: Your due date is at least 23 days after the close of each billing cycle. We will not charge you any interest on Purchases if you pay your entire balance by the due date as shown on your billing statement for that billing cycle. There is no grace period for Cash Advance transactions, and the interest charge begins to accrue from the date you obtained the Cash Advance, or the first day of the billing period in which it is posted to your Account, whichever is later.

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Preauthorized Recurring Merchant Transactions: You may authorize a merchant to automatically initiate a transaction on a recurring basis to your Account. Upon the issuance by us of a new Card with a new Account number or expiration date, you may be required to contact the merchant to provide such updated information in order to continue the recurring transactions. You also authorize us to provide updated information to the merchant at our discretion. You must contact the merchant if you want to cancel automatic billing.

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Foreign Currency Transactions: If you make a transaction using your Account in a foreign currency (including, for example, online purchases from a merchant located outside of the U.S.), the transaction will be converted to U.S. dollars based on a rate selected by VISA U.S.A. Inc. (or any of its affiliates) from the range of rates available in wholesale currency markets for the applicable central processing date (which may vary from the rate VISA U.S.A. Inc. itself receives) or the government-mandated rate in effect for the applicable central processing date. The currency conversion rate used by VISA U.S.A. Inc. (or any of its affiliates) on the currency conversion date may differ from the exchange rate in effect on the day you made the transaction or on the day the transaction is posted to your Account. Our fee is a percentage of the U.S. dollar amount of the transaction.

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Check Conversion Notification; Electronic Check Re-Presentment: If you provide a check as payment, you authorize us and our servicers or agents either to use information from your check to make a one-time electronic fund transfer from your bank account or to process the payment as a check transaction. When we use information from your check to make an electronic funds transfer, funds may be withdrawn from your bank account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. In the event a check is returned unpaid for insufficient or uncollected funds, we may re-present the check electronically.

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Fees: We will charge the following fees, subject to applicable law:
Annual Fee. We will charge an annual fee of $0 - $75 each year, whether or not you use the Account, and whether or not you have active charging privileges. Unless waived your first year, your annual fee will be charged upon the first transaction on the Account and then annually thereafter.

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Late Payment Fee. If we do not receive the Minimum Payment due on your Account by the Payment Due Date, we will charge a late payment fee of $25, or if specified in your Cardholder Agreement, $25 for the first occurrence and $35 for the second and subsequent late payments that occur within six (6) months of the first occurrence. However, we will not charge a late payment fee exceeding the Minimum Payment amount that is late. We reserve the right to not assess a late payment fee on certain Accounts as we deem appropriate.

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Cash Advance Fee. For each Cash Advance, we will charge a fee of either $10 or 3% of the amount of the Cash Advance, whichever is greater. The Cash Advance Fee is treated as a transaction and added to your balance.

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Events of Default: Subject to applicable law, we may consider your Account in default at any time if: (1) you fail to pay at least the Minimum Payment by the Payment Due Date; (2) you attempt to engage in a transaction that exceeds the Credit Limit; (3) you make a payment that is returned unpaid to us for any reason; (4) you breach any term under this Agreement; (5) we determine that any statement made by you to us in connection with this Agreement or your credit card application was false or misleading; (6) you breach any terms under any other agreement that you have with us, Mission Lane or with any of their affiliates; (7) you file for bankruptcy or some other insolvency proceeding is filed by or against you; (8) you are declared incompetent or mentally incapacitated, or in the event of your death; or (9) we have any reason to believe you may not be creditworthy.

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Default Remedies: Upon your default and subject to any limitations or requirements of applicable law: (1) we may declare the entire amount you owe us immediately due and payable and/or suspend or cancel your Account privileges; and (2) you agree to pay all reasonable costs, including all court costs plus all reasonable attorneys’ fees if we must refer your Account for collection to any attorney who is not our employee.

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Entire Agreement: You acknowledge that this Agreement, as amended (which includes your Account Opening Disclosure, Arbitration Agreement, card carrier and credit card application) constitutes the entire agreement between you and us with respect to the Account and the Card, and supersedes and may not be contradicted by evidence of any prior or contemporaneous written or oral communication or understanding between you and us concerning the Account or the Card.

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Waiver: Our failure to exercise any of our rights under this Agreement, or our waiver of our rights on any one occasion, shall not constitute a waiver of such rights on any other occasion. We will not lose our rights under this Agreement because we delay in enforcing any of them.

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Customer Privacy: Our privacy policy is provided separately in accordance with applicable law and can also be viewed online at https://www.missionlane.com/privacy.

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Assignment: We may at any time and without notifying you, sell, transfer or otherwise assign your Account or any Account balances to any party at any time. You may not assign or transfer your Account or any of your rights and obligations under this Agreement. Any such assignment or transfer by you will be void.

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Change of Terms: We may change the terms of this Agreement at any time, including any additions or deletions to the terms in this Agreement. These changes may apply to existing and future balances on your Account as of the effective date of the change to the extent permitted under applicable law. We will give you advance written notice of any change and a right to reject the change if required by law. We may require you to close your Account or take other actions if you reject the changes. Any change to any term of this Agreement will not excuse your obligation to pay all amounts owed under this Agreement.

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Special Offers: At our option, we may make a special offer to you at any time. A special offer may apply for a limited period of time and may be extended to certain cardholders based on criteria that we may determine in our sole discretion. Each special offer will be governed by the terms of that offer and this Agreement. We will provide you the terms applicable to a special offer at the time we offer it to you. Special offer terms may temporarily modify certain terms of this Agreement for qualifying payments or transactions. All other terms of this Agreement remain unchanged. Any such special offer will not limit or affect any of our rights we have under this Agreement or applicable law.

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Suspension/Revocation/Cancellation: Subject to applicable law, we may suspend, revoke or cancel your Account privileges, your right to use the Card, or deny any transaction, in our sole discretion at any time, with or without cause and with or without giving you notice. Any such actions on our part will not affect your obligation to pay us the outstanding balance, interest and fees under the terms of this Agreement. We are not liable for any refusal to honor your Card or Account, or for the retention of your Card by any person or entity. If we revoke or cancel the Card, you must destroy the Card or return the Card to us at our request. If a merchant that accepts Cards asks you to surrender an expired or revoked Card, you must do so. You may not use a Card after it has expired or after it has been revoked or cancelled. You may cancel your Account at any time. If you ask us to cancel your Account but we believe you have continued to use your Account after the date of cancellation, we will consider such use as your request for reinstatement of your Account. We may then reinstate your Account.

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Severability: Subject to the Arbitration Agreement: (1) if any part of this Agreement conflicts with applicable law, that law will control, and this Agreement will be considered changed to the extent necessary to comply with that law; and (2) if any part of this Agreement is determined by a court of competent jurisdiction to be invalid, the remainder of this Agreement will remain in effect.

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Events Outside of Our Control: We do not guarantee that you will always be able to make Purchases with your Card or your Card will always be accepted when you attempt to use it. We are not responsible and will not be liable for any Card or other failures resulting from events outside of our reasonable control.

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Communications: To the extent permitted by applicable law, you agree that we have your express written permission and consent authorizing us, our affiliates, servicer, agents, assigns, marketing associates and service providers (collectively, the “Messaging Parties”) to contact you using automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems and automated email systems in order to provide you with information about this Agreement or your Account, including information about upcoming Payment Due Dates, missed payments and returned payments. You authorize the Messaging Parties to make such contacts using any telephone numbers, email addresses, or mailing addresses you supply to any of the Messaging Parties or that we obtain through any legal means. You understand that anyone with access to your telephone or email account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services, and you agree that the Messaging Parties will have no liability for such charges except to the extent required by applicable law. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. You understand that, at any time, you may withdraw your consent to receive text messages and calls to your cellphone or to receive artificial or prerecorded voice message system calls by calling the Messaging Parties at 855-790-8860 or by sending a request by email to [email protected] with the subject line “END COMMUNICATIONS.”. To stop text messages, you can also simply reply “STOP” to any text message the Messaging Parties send you. To stop certain emails, you can follow the opt-out instructions included at the bottom of the Messaging Parties’ emails.

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Credit Reports: You understand and agree that we may obtain a consumer credit report in connection with your request for credit and in connection with any updates, renewals or extensions of any credit as a result of your request. If you ask, you will be informed whether or not such a report was obtained and, if so, the name and address of the agency that furnished the report. You understand and agree that we may obtain a consumer credit report in connection with the review or collection of any transaction on your Account or for other legitimate purposes related to such transactions. California Residents - you agree to waive your right to keep confidential from us information under Section 1808.21 of the California Vehicle Code.

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Information Reporting: We may report information about your Account to other creditors, other financial institutions and credit bureaus. Late payments, missed payments, returned payments, or other defaults on your Account may be reflected in your credit report.

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Inaccurate Information: You have the right to dispute the accuracy of information we have reported. If you think any information about your Account that we have reported to a credit bureau is incorrect, you can notify us by calling us at 855-790-8860 or writing to us at the Notice Address provided above, Attn: Credit Reporting. Include your name, address, Account number, telephone number and a brief description of the issue. If available, please include a copy of the credit report in question. We will research your issue and will let you know if we agree or disagree with you. If we agree with you, we will contact the consumer reporting agency we reported to and request a correction.

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Notices and Change in Information: You must send any notices to Mission Lane LLC, P.O. Box 105286, Atlanta, GA 30348, Attn: Notice (“Notice Address”). To the extent permitted under applicable law, any notice you send us will not be effective until we receive it and have had a reasonable opportunity to act on such notice. Any written or electronic correspondence we send to you will, however, be effective and deemed delivered when mailed to you at your mailing address or your email address if you have authorized electronic communications, in each case as it appears on our records. You must notify us of any changes to your name, mailing or email address, cell phone or home telephone number within 15 days of such change. You can notify us by calling us toll-free at 855-790-8860 or by writing to Mission Lane at the Notice Address provided above, Attn: Change of Info. All bankruptcy notices and related correspondence to us may be sent to us at Mission Lane at the Notice Address provided above, Attn: Bankruptcy Notice.

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Identity Theft: If you believe that you have been the victim of identity theft in connection with your Account, contact us at 855-790-8860 or [email protected] to request an Identity Theft Affidavit. You should send us a police report or written statement in the form we provide you alleging that you are the victim of identity theft for a specific debt. Once we receive your documentation, we will cease debt collection activity until we have reviewed the materials, determined that the debt is still collectible, complied with all obligations described in the Billing Rights Notice below and sent you a written notice describing the basis for our determination.

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Lost or Stolen Card: You agree to promptly notify us if you believe that your Card has been lost or stolen or that someone has used or may use your Card or Account without your permission. You agree to assist us in determining the facts, circumstances and other pertinent information related to any loss, theft or possible unauthorized use of your Card or Account and to comply with such procedures as we may reasonably require in connection with our investigation, including the filing of one or more reports with the appropriate law enforcement authorities. Subject to applicable law, you acknowledge and agree that we may terminate our investigation if you fail to provide us with any such assistance or to comply with such procedures, and we otherwise have no knowledge of facts confirming the unauthorized use of your Card or Account. In such circumstances, we will deem any such use as having been authorized by you and you will be liable for the amount of any transactions plus interest charges and fees incurred with any such use.

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Governing Law: Except as provided in the Arbitration Agreement below, this Agreement and your Account are governed by federal law and, to the extent state law applies, the laws of Utah without regard to its conflicts of law principles.

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Inadvertent Overcharges: It is not our intention to charge any interest charges, fees or other amounts in excess of those permitted by applicable law or this Agreement. If any interest charge, fee or other amount is finally determined to be in excess of that permitted by applicable law or this Agreement, the excess amount will be credited to your Account or refunded to you.

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Collection Proceedings: To the extent permitted by applicable law, you agree that, in any collection proceeding by us, our servicer, or a direct or indirect purchaser of your indebtedness to us, unless you provide affirmative evidence, sufficient to the finder of fact, that our business records are incorrect, the records we maintain in the ordinary course of business, including monthly statements and/or summaries of information in our computer records, certified by any custodian of our records as accurate reflections of statements or information in our business records, provide adequate proof of the amounts due hereunder.

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Headings: The section captions of this Agreement are inserted only for convenience and are in no way to be construed as substantive parts of this Agreement.

PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION AT EITHER PARTY’S REQUEST. UNLESS YOU PROMPTLY REJECT IT, THE ARBITRATION AGREEMENT WILL HAVE A SUBSTANTIAL AFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.

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Agreement to Arbitrate: Maintaining good relationships with our customers is very important to us. We ask that you contact us immediately if you have a problem with your Account or a service we provide. Often a telephone call to us resolves the matter quickly and amicably. However, if you and we are unable to resolve our differences informally, you agree by opening or maintaining an Account with us, that if any dispute between you and us arises regardless of when it occurs, it will be settled using the following procedures: YOU AND WE AGREE AND UNDERSTAND THAT (1) YOU AND WE ARE GIVING UP THE RIGHT TO TRIAL BY JURY AND (2) THIS SECTION PRECLUDES YOU AND US FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION OR JOINING OR CONSOLIDATING THE CLAIMS OF OTHER PERSONS. In addition, your agreement to arbitrate and waive trial by jury shall be applicable to parties acting on our behalf, including agents or independent contractors who collect your account on our behalf or purchase your account. This Arbitration Agreement is governed by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 et seq., and not by any state arbitration law. Except as set forth below, the parties agree to arbitrate any dispute or controversy concerning your Account or related products or services. Either party may request that the matter be submitted to arbitration.

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Commencing an Arbitration: The party electing arbitration must notify the other of such election. This notice may be given before or after a lawsuit has been filed concerning the Claim or with respect to other Claims brought later in the lawsuit, and it may be given by papers filed in the lawsuit such as a motion to compel arbitration. If you elect arbitration you must notify us in writing at Mission Lane LLC, P.O. Box 105286, Atlanta, GA 30348, Attn: Arbitration. If we elect arbitration we will notify you in writing at your last known address on file.

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Claim: A “Claim” is any unresolved claim, dispute or controversy between you and us, whether past, present or future, arising out of or related to this Agreement, your Account, products or services governed by this Agreement or the relationships resulting from this Agreement or your Account. “Claim” has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). Solely for purposes of this Arbitration Agreement, the terms “we,” “us” and “our” also include any person or entity named as a co-defendant with us in a Claim asserted by you. Notwithstanding the foregoing, individual actions brought in small claims court (or your state’s equivalent court) are eligible for arbitration; however, if the action is transferred, removed, or appealed to a different court, it shall be eligible for arbitration at either party’s request.

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Binding Arbitration: Binding arbitration is a means of having an independent third party (the arbitrator) resolve a dispute without using the court system, judges or juries. Either you or we can request binding arbitration. Each arbitration, including the selection of the arbitrator, shall be administered by the American Arbitration Association (AAA), according to the Consumer Arbitration Rules of the AAA. A single arbitrator shall be appointed. If you have a question about the AAA, you can contact them as follows: American Arbitration Association, 1633 Broadway 10th Floor, New York, NY 10019, 1-800-778-7879, www.adr.org. If the AAA is unable to serve as administrator and you and we cannot agree on a replacement, a court with jurisdiction will select the administrator or arbitrator, provided that no company may serve as administrator, without the consent of all parties, if it adopts or has in place any formal or informal policy that is inconsistent with and purports to override the terms of the Class Action Waiver in this Arbitration Agreement.

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Powers and Qualifications of Arbitrators and Arbitration Procedures: All arbitrators will be required to be practicing attorneys or retired judges and will be required to be experienced and knowledgeable in the substantive laws applicable to the subject matter of the dispute. Any arbitration hearing that you attend will take place in a location that is reasonably convenient for you. If you cannot obtain a waiver of the AAA’s or arbitrator’s filing, administrative, hearing and/or other fees, we will consider in good faith any request by you for us to bear such fees. Each party will bear the expense of its own attorneys, experts and witnesses, regardless of which party prevails, unless applicable law or this Agreement gives a right to recover any of those fees from the other party. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and privilege rules that would apply in a court proceeding, and shall be authorized to award all remedies available in an individual lawsuit under applicable substantive law, including, without limitation, compensatory, statutory and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. Upon the timely request of either party, the arbitrator shall write a brief explanation of the basis of his or her award. The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award.

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Class Action Waiver: YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER. The arbitrator shall have no authority to conduct any class, private attorney general or other representative proceeding, and shall award declaratory or injunctive relief only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court determines that this paragraph is not fully enforceable, only this sentence will remain in force and the remainder will be null and void, and the court’s determination shall be subject to appeal.

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Rights Preserved: This Arbitration Agreement and the exercise of any of the rights you and we have under this Agreement, does not stop you or us from exercising any lawful rights either of us has to use other available remedies; to comply with legal process; to obtain provisional remedies such as injunctive relief, attachment or garnishment by a court of appropriate jurisdiction; or to bring an individual action in court that is limited to preventing the other party from using or obtaining any provisional or self-help remedies and that does not involve a request for damages or monetary relief.

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In California: If an action or proceeding is initiated before any court in California and neither you nor we request that the dispute be submitted to arbitration, then, upon motion by either you or us, the dispute shall be heard by an active attorney or a retired judge selected by the American Arbitration Association (AAA) who is then appointed by the court in which the action commenced, according to the reference provision of the California Code of Civil Procedure, Section 638 et seq. This reference process is not subject to a trial by jury; the trial is conducted before the active attorney or retired judge under California law.

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Enforcement: You or we may bring an action, including a summary or expedited motion, to compel arbitration of Claims subject to arbitration, or to stay the litigation of any Claims pending arbitration, in any court having jurisdiction. Such action may be brought at any time, even if such claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Any dispute concerning the validity or enforceability of this Arbitration Agreement must be decided by a court; any dispute concerning the validity or enforceability of the Agreement as a whole is for the arbitrator. Failure or forbearance to enforce this Arbitration Agreement at any particular time or in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Any additional or different agreement between you and us regarding arbitration must be in writing. If either you or we fail to submit to binding arbitration following a lawful demand, the party who fails to submit bears all costs and expenses incurred by the party compelling arbitration.

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Survival and Severability of Terms: This Arbitration Agreement shall survive: (1) termination or changes in the Agreement, the Account, or the relationship between you and us concerning the Account; (2) the bankruptcy of any party; and (3) any transfer, sale or assignment of your Account, or any amounts owed on your Account, to any other person or entity. If any portion of this Arbitration Agreement (except for the Class Action Waiver set forth above) is deemed invalid or unenforceable, the remaining provisions of the Arbitration Agreement shall remain in force. No portion of this Arbitration Agreement may be amended or waived absent a written agreement between you and us.

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RIGHT TO REJECT: You may reject this Arbitration Agreement by mailing a signed rejection notice to Mission Lane LLC, P.O. Box 105286, Atlanta, GA 30348, Attn: Arbitration Rejection Notice, within thirty (30) calendar days after your Account is opened. Any rejection notice must include your name, address, email address, telephone number and Account number. This is the only manner you can reject this section. If you do that, only a court may be used to resolve any Claim. If you reject this Arbitration Agreement, that will not affect any other provision of the Agreement.

All Accounts, including California and Utah 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.

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Arizona: Mission Lane LLC does business in Arizona under the trade name Mission Lane Card Services LLC.

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California: A married applicant may apply for a separate account. After approval, each applicant shall have the right to use this account to the extent of the credit limit set by the creditor and each applicant may be liable for the amount extended under this account to any joint applicant. As required by law, you are hereby notified that a negative credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

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Delaware: Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month.

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Ohio: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.

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Wisconsin: Your signature confirms that this loan obligation is being incurred in the interest of your marriage or family. No provision of any marital property agreement, unilateral statement or court decree adversely affects a creditor’s interest unless, prior to the time the credit is granted, the creditor is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision. Married residents of Wisconsin applying for an individual account must give us the name and address of their spouse if the spouse is also a Wisconsin resident. Please provide this information to us at Mission Lane LLC, P.O. Box 105286, Atlanta, GA 30348.