Terms and Conditions of the FuturePay Payment System

FuturePay is an open-end (revolving) credit plan offered by a Sponsor Bank. IF YOU ALREADY HAVE A FUTUREPAY ACCOUNT this Purchase is pursuant to your FuturePay Terms and Conditions, a copy of which is provided below for your reference. IF YOU DO NOT HAVE A FUTUREPAY ACCOUNT, by using FuturePay to complete a Purchase, you agree

• To apply for credit and you authorize the Bank to obtain and review your credit report;
• You have read the Terms and Conditions of the FuturePay Payment System (this “Agreement”), including the E-sign Consent, Account Agreement, and Privacy Notice;
• You understand that the Agreement describes the terms and conditions of your revolving line of credit account (the “Account”) available from the Sponsor Bank (“Bank”), a federally chartered savings bank and Member of the Federal Deposit Insurance Corporation (“FDIC”). FuturePay Holdings Inc. (“FuturePay”), is the program manager who performs certain services related to your Account on our behalf.
• You authorize the Merchant to share your personal information, including email address with the Bank and authorize the Bank to use that information for all lawful purposes in connection with the Account; and
• You are providing information to the Bank and FuturePay and you consent to the Bank providing information about you to FuturePay (even in the event your application is declined).

PLEASE BE CERTAIN TO READ ALL OF THIS AGREEMENT AND RETAIN IT FOR YOUR RECORDS. NOTIFY US AT ONCE IF ANY PARTS OF THIS AGREEMENT ARE NOT CLEAR.

This Agreement includes the: E-Sign Consent, Account Agreement, and Privacy Notice.

IMPORTANT DISCLOSURES

How We Will Calculate Your Balance.  We use a method called “ending balance method”. This balance is calculated by taking the amount of unpaid Balance you owe at the beginning of each Billing Cycle, adding any Purchases and Fees, including the Annual Membership Fee and Penalty Fees, charged to your Account during the Billing Cycle, and deducting payments and credits made during the Billing Cycle.

Billing Rights.  Information on your rights to dispute transactions and how to exercise those rights is provided in Paragraph “Your Billing Rights” below.

Important Information About Procedures for Opening an 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, the Bank will obtain your name, address, date of birth, and other information that will allow the Bank to identify you. The Bank may also ask to see a copy of your driver’s license or other identifying documents. The Bank may use a third-party servicer to verify your identity and obtain information regarding your previous borrowing relationships.

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).

The Fees that apply to your Account are described in the disclosures above. The military annual percentage rate (MAPR) that applies to your Account is between 0% and 36%, depending on the Balance of your Account on the last day of each Billing Cycle. If you would like to listen to this and other applicable disclosures, please call 1-855-984-1129.

State Specific Disclosures

CA Residents

If you are married, you may apply for a separate account.

OH Residents

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.

NY, RI, & VT Residents

• We may order credit reports in connection with processing applications/solicitations and any update, renewal, or extension of credit. Upon request, we will tell you the name and address of any consumer-reporting agency that furnished a report on you. You consent to the obtaining of such reports by signing or otherwise submitting an application or solicitation.

• New York Residents: FuturePay 1-855-984-1129. New York residents may contact the New York Department of Financial Services by telephone or visit its website for free information on comparative credit card rates, fees, and grace periods. New York Department of Financial Services 1-877-226-5697 or www.dfs.ny.gov.

WI Residents

• No provision of a marital property agreement, unilateral statement under Section 766.59, or court decree under Section 766.70 adversely affects the interest of Bank, unless the Bank, prior to the time 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 Bank is incurred.

• If you are married, please contact us immediately at: 406 W South Jordan ParkwaySuite 250South Jordan, Utah 84095 and provide us with the name and address of your spouse. We are required to inform your spouse that we have opened a credit account for you.

IMPORTANT NOTICE. READ THIS NOTICE CAREFULLY AND KEEP A COPY FOR YOUR RECORDS. In order to complete your transaction online, the Bank must provide you with certain disclosures as required by law. The Bank can provide these disclosures to you electronically if you consent. As FuturePay is an online based company, if you do not wish to receive disclosures electronically, we are not the best option for you to complete your purchase.

Disclosure and Consent Regarding

Electronic Signatures and Communications

Defined Terms. As used herein, the following terms have the meanings specified below.

1. “Communications” means any notices, disclosures (including those required by law), account statements, agreements, fee schedules, tax returns, records, documents, or other information provided to you by us or on our behalf.

2. “Consent”“ means this Disclosure and Consent Regarding Electronic Signatures and Communications.

3. “Current Version” means the version of the software that is currently being supported by its publisher.

4. ”E-SIGN Act” means the Electronic Signatures in Global and National Commerce Act.

5. References to “we” or “us” or “our” herein refers to the Sponsor Bank or our affiliates, successors, or assignees, as applicable. References to “you” or “your” herein refer to the individual signing below.

Methods of Communication:

Send us an e-mail at: support@futurepay.com
Call us toll free at 1-855-984-1129 for questions about your account
or write to us at:

406 W South Jordan Parkway.
Suite 250
South Jordan, Uta 84095


Consent to Electronic Communications and Signatures.

1. Information Provided. This Consent provides you with important information relating to (a) your consent to electronic delivery of Communications and (b) your consent to the electronic signature of any documents related to products or services provided by us to you or otherwise concerning our relationship.

2. Consent is Optional. You have a right to receive certain Communications on paper and you are not required to consent to receiving those Communications electronically instead. You are not required to consent to the electronic signature of documents.

3. Scope of consent.

   1. By acknowledging below, you agree that any Communications we provide to you may be in electronic form, and that all Communications in electronic format provided by us to you will be considered “in writing”. Your Consent applies only to your electronic receipt of Disclosures and legal documents in connection with the origination, closing and servicing of the Loan.

   2. By acknowledging below, you agree to the use of electronic signatures as part of any transactions between you and us and our relationship with you.

   3. You agree that we do not need to provide you with an additional paper (non-electronic) copy of the Communications unless specifically requested by you as described below. This Consent does not require us to deliver Communications electronically. We reserve the right, in our sole discretion, (1) to discontinue the provision of Communications electronically and (2) to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

4. Method of delivery. We may provide electronic Communications to you in at least one of the following methods:

   1. via e-mail at the e-mail address you provided to us;

   2. by access to a designated area of our website (including without limitation, www.futurepay.com);

   3. during your use of our systems or software applications (including, without limitation, via a screen or page within any account you maintain with us, or via a link to a web page containing Communications);

   4. mobile applications;

   5. messaging services (including without limitation text messages); provided you have not elected to opt out per section 26 (f) or

   6. during your use of DocuSign (or similar vendor providing electronic signature services).

   You should print or download for your records a copy of any Communications that are important to you.

5. Hardware and software requirements. To access Communications, you must have the following:

   1. a working phone and phone number;

   2. A current web browser that includes 128-bit encryption. (Minimum recommended browser standards are Microsoft Internet Explorer version 6.0 and above, Firefox version 1.5 and above, or Safari 2.0 and above.) The browser must have cookies enabled.

   3. a computer with an internet connection;

   4. an active e-mail account and related software for accessing the email account;

   5. a Current Version of a program that accurately reads and displays PDF files; and

   6. a device with an operating system capable of supporting items 3.5(B)-(E).

   In addition, you will need a printer if you wish to print and retain paper records or electronic storage if you wish to retain records in electronic form.

   If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add customercare@futurepay.com to your email address book.

   If we change these hardware or software requirements, and that change creates a material risk that you would not be able to access or retain your electronic Communications, we will notify you of the revised hardware or software requirements, but you will continue to receive electronic Communications until you withdraw your consent. If, subsequent to any such change, you wish to withdraw your consent to receive electronic Communications, you must follow the procedure in Section 3.7 below.

6. Obtaining paper copies. You have the right to receive a paper copy of Communications. You may request a paper copy of Communications by contacting us at one of the contact methods referenced above. We must receive your request within a reasonable time after we first provided the Communication to you. No fees shall be charged in connection with your request for a paper copy of Communications.

7. Withdrawing Consent, Updating Information, and Result of Any Withdrawal.

   1. Withdrawing Consent or Updating Information. If (i) you want to withdraw your consent to receive Communications electronically or (ii) your e-mail address changes, you must immediately notify us at one of the contact methods referenced above. Any Communications sent to your e-mail address on record with us will be deemed to have been delivered or made available to you in electronic form until you notify us of any change. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your request for withdrawal. In the meantime, you will continue to receive communications in electronic form. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form or signed electronically by you or us will not be affected.

   2. Result of Withdrawing Consent. If you choose to withdraw your consent to receive Communications electronically, then you may be unable to access certain features or functionality of products or services offered by us, such as the ability to receive e-statements or access to our Online System. You acknowledge that some notices may be “one-time” notices for which your consent may not practically be withdrawn after receiving the initial electronic notice. There shall be no fees charged for the withdrawal of your consent to receive Communications in electronic form.

Confidentiality/Limitation of Liability. You understand that the Communications may be confidential in nature. We are not responsible for unauthorized access by third parties to information and/or communications provided electronically or for any damages, including direct, indirect, special, incidental or consequential damages, caused by unauthorized access. If you have any questions about these disclosures, you may contact us by using any one of the contact methods referenced above.

Your acceptance of these terms confirms that:

• You have reviewed and understood this Consent

• You have the hardware and software described above

• You are able to review and receive electronic Communications

• You want to receive electronic versions of Communications

• You want to enter into transactions via electronic signatures

• You have understood and voluntarily agreed to the terms and conditions presented in this Consent

FUTUREPAY ACCOUNT AGREEMENT

This Agreement sets forth the terms and conditions of the FuturePay Account (“Account”) and the extensions of credit issued by the Sponsor Bank (the “Bank”). Please read this Agreement and keep a copy.

1. Definitions

   1. “Account” means your FuturePay revolving line of credit account that is the subject of this Agreement.

   2. “Balance” means the amount you owe us on your Account at any given time.

   3. “Billing Cycle” means the time between the dates when we prepare billing statements for your Account.

   4. “Cost” means the price of any goods and services you purchase from a Merchant using FuturePay, plus any fee or charge you agree to pay the Merchant, the cost of shipping and taxes, and finance charges, less any applicable discount or credit offered by the Merchant.

   5. “Credit Line” means the dollar amount of credit that we authorize as available for you to make Purchases with the credit available in your Account. The total balances of your Account plus Purchase transactions that have been authorized but not yet posted to your Account (but not including unpaid Fees) may not exceed the Credit Line.

   6. “FuturePay” means the services provided for the Bank, such as processing transactions, keeping records, sending billing statements and customer service. FuturePay is a registered trademark of FuturePay Holdings Inc.

   7. “Merchant” means a merchant participating in and authorized to accept the FuturePay payment option to pay for your Purchases.

   8. “Payment Due Date” means the date stated on each billing statement by which payment on your Account must be received by us.

   9. “Purchase” means your purchase of any goods or services from a Merchant and you choose the FuturePay Payment System to pay the Cost.

   10. “Termination” means that your right to make further Purchases using your Account is terminated.

   11. “You” and “Your” means the person who applied for this Account and agrees to this Agreement.

   12. “We”, “us”, and “our” means the Bank or our affiliates, successors, or assignees, as applicable.

   13. You will find definitions of other terms within this Agreement.

2. HOW YOU AGREE TO THIS AGREEMENT.You agree to the terms of this Agreement and you make the promises it contains by either applying for or accepting an Account or making a Purchase and pay the Cost using FuturePay after receipt of this Agreement.

3. GENERAL DESCRIPTION OF THE ACCOUNT AND MAKING A PURCHASE.

   1. General Description. The Account is an open-end, revolving credit account.

   2. Making a Purchase. You can make a Purchase using your Account by choosing FuturePay when you make a Purchase from a Merchant at a web site or at an authorized location. We will extend credit to you, in the amount of the Cost of the Purchase, and disburse the Cost of the Purchase to the Merchant on your behalf.

4. CREDIT LINE AND OTHER AGREEMENTS

   1. Credit Line. At the time you request an Account, we evaluate your request for credit and if we approve an Account for you, we establish the Credit Line for you. You may use your Account to pay for Purchases up to the Credit Line set for you, and the total balance of all transactions on the Account plus transactions which have been authorized but not yet posted to the Account (but not including unpaid fees) may not exceed the Credit Line. For example, if your Credit Line is $1,000 and you make a Purchase of $400, you will have $600 credit available for further Purchases. If you try to make a Purchase that would cause your outstanding Balance to be above your Credit Line, we will decline your Purchase request. We may occasionally and routinely verify credit information about you and obtain an updated consumer report in connection with your Account. We may decrease your Credit Line at any time. We will notify you as required by applicable law. Your Credit Line and available credit on your Account will be disclosed on each billing statement.

   2. Charge Your Account for Purchases. You authorize us to charge your Account for the Cost of any Purchase you, or anyone to whom you have given permission to use your Account, make from a Merchant using FuturePay.

   3. Finance Charges and Fees. You authorize us to charge your Account for finance charges, any Fees, costs of collection, and amounts that you agree to pay in this Agreement.

   4. Your Responsibility. If you allow someone else to use your Account, you will be responsible for paying all charges resulting from their Purchases.

   5. Transaction Limits. To prevent fraud, we may limit the number or dollar amount of any type of transactions you can make in any particular amount of time. We also may decline any particular charge on your account for any reason. We reserve the right not to honor transactions related to, including, but not limited to, gambling, cash advances, or illegal activities.

5. YOUR PERSONAL INFORMATION. When you choose FuturePay to make a Purchase, you authorize the Merchant to share your personal information with us to the extent necessary for us to make a credit decision in order to open your Account or increase your Credit Line, and to complete your transaction, including, but not limited to, verifying your identity, paying the Merchant on your behalf, charging your Account for the Costs of the Purchase, sending you a billing statement, servicing your Account and for all other lawful purposes in connection with your Account.

6. YOUR PROMISES TO US.

   1. Promise to Pay. You promise to pay us all balances owing on your Account, including all Purchases, Fees, finance charges, extensions of credit and any other amounts you have authorized us to charge to your Account. You promise to pay for all Purchases made by you and by anyone you authorized to use your Account. Bank (and others who may decide whether you are liable for amounts charged to your Account) may presume that you have authorized any Purchase made in your name using your Account, if the Purchase is delivered in your name to your address, unless you return the Purchase to the Merchant within a reasonable period of time. You will not be responsible for any unauthorized Purchases on your Account.

   2. Minimum Payment. You promise to pay at least the Minimum Payment Due on or before the Payment Due Date each Billing Cycle and in accordance with the reasonable requirements set forth on each billing statement.

   3. Personal Financial Information. You promise to give us personal financial information about you that we may reasonably request, from time to time.

   4. Collection Costs. You promise to pay all costs of collection if we take any action to collect your Account or take any action in a bankruptcy proceeding filed by or against you, including reasonable attorneys’ fees and expenses to the maximum amount permitted by applicable law.

   5. Contact Information. You promise to promptly notify us if you change your name, your mailing address, your e-mail address or your telephone number. In doing so, you promise not to give us false information or signatures, electronic or otherwise, at any time.

   6. Age of Residency. You promise that you are of legal age in the state where you reside and are a resident of the United States when you accepted this Agreement and opened the Account.

   7. Merchant Disputes. If you are dissatisfied with goods or services you purchased from a Merchant, you promise you will try in good faith to resolve the dispute and correct the problem directly with the Merchant. You agree to allow a reasonable period of time for the Merchant to resolve the dispute. This shall in no way limit or reduce your rights in case of a billing error.

   8. Use of the Account. You promise to use this Account only for personal, family, or household purposes.

   9. Unauthorized Use. You promise to call us immediately at 1-855-984-1129 if your account is used without your consent. You will not be liable for unauthorized use on your account, but you will be responsible for all use by anyone you allow to use your account.

7. FIXED FINANCE CHARGE.

   1. General. Your finance charge is fixed based on the Account ending Balance at the end of the Billing Cycle in a fixed dollar amount and not on a specific interest rate. You agree to pay the Fixed Finance Charge on the outstanding Balance on your Account until paid in full, as applicable.

   2. When The Fixed Finance Charge Begins. The Fixed Finance Charge is payable for each Billing Cycle if you have an unpaid Balance in your Account at the end of each Billing Cycle that is $50 or more. We will not charge you a Fixed Finance Charge on new Purchases for the first Billing Cycle after the transaction date.

   3. Assessing the Fixed Finance Charge. If the Balance of your Account is $50 or greater at the end of any Billing Cycle, we will charge you a Fixed Finance Charge of $1.50 for each $50 increment, or portion thereof, in unpaid Balance on your Account of $50 or more at the end of the Billing Cycle.

   4. How We Calculate Your Account Ending Balance. We take the Balance at the beginning of your Billing Cycle, add any new charges, including Purchases and Fees, and deduct payments and credits made during the Billing Cycle.

   5. How We Compute the Fixed Finance Charge. If the ending Balance of your Account is $50 or greater, we will charge $1.50 for each $50 increment in unpaid Balance, or portion thereof, of your Account $50 or above at the end of the Billing Cycle. For example, if the Balance of your Account is between $0.01 and $49.99 at the end of your Billing Cycle, we will not charge a Fixed Finance Charge to your Account. If the Balance of your Account is between $50 and $99.99, we will charge a Fixed Finance Charge in the amount of $1.50 to your Account; if the Balance of your Account is between $100 and $149.99 at the end of your Billing Cycle, we will charge a Fixed Finance Charge in the amount of $3 to your Account; and so on.

8. FEES. You agree to pay the following Fees, as applicable. You agree that we may add any Fee to the Balance of the Account.

   1. Annual Membership Fee. We will charge you an Annual Membership Fee of $25, on your first statement date and on the anniversary of your first statement date, every year your account is open or until your account is closed and paid in full. Your monthly billing statement will tell you how to cancel your account and avoid future annual fees.

   2. Penalty Fees

      1. Late Payment Fee. We will charge you a Late Fee each Billing Cycle during which the Minimum Payment Due is not paid in full by its Payment Due Date. The Late Fee will be $27 for the first late payment, and $38 if another payment is late again within the next six Billing Cycles. The late fee will revert to $27 for any late payment more than six months following the most recent delinquency.

      2. Returned Payment Fee. We will charge you a Returned Payment Fee for any payment on your Account denied or returned by a drawee for “not sufficient funds” or other reasons, such as a closed account. The Returned Payment Fee will be the amount of the Minimum Payment Due immediately prior to the date on which the payment is returned up to $27 for the first returned payment, and $38 if another payment is returned within the next six Billing Cycles.

9. MINIMUM PAYMENT DUE. The “Minimum Payment Due” each Billing Cycle will be the sum of the payment due on your Balance calculated as described below, plus any amounts past due from previous Billing Cycles.

   1. Minimum Payment. To calculate the Minimum Payment Due in each Billing Cycle, we start with:

      1. $20 for each $500 increment, or portion thereof, in unpaid Balance at the end of the Billing Cycle, plus

      2. The applicable Fixed Finance Charge, plus

      3. Any amounts past due from previous Billing Cycles.

      Then we add any Fees shown on the billing statement, including any Annual Membership Fee, Penalty Fees or other fees.

      The Minimum Payment Due will not exceed the Ending Balance of your Account. You may pay more than the Minimum Payment Due, up to the Ending Balance of your Account, at any time.

      For example, if the Ending Balance of your Account on the last day of the Billing Cycle is less than $500, the Minimum Payment due will be $20 plus the Fixed Finance Charge, plus any amounts past due from previous Billing Cycles, plus any Fees shown on the billing statement. If the Ending Balance of your Account on the last day of the Billing Cycle is between $500 and $999.99, the Minimum Payment due will be $40 plus the Fixed Finance Charge, plus any amounts past due from previous Billing Cycles, plus any Fees shown on the billing statement. If the Ending Balance of your Account on the last day of the Billing Cycle is between $1,000 and $1,499.99, the Minimum Payment due will be $60 plus the Fixed Finance Charge, plus any amounts past due from previous Billing Cycles, plus any Fees shown on the billing statement and so on.

   2. Minimum Payment Due Date. The Payment Due Date on your Account will be the same date each month and will be at least 24 days from the closing date on your statement.

10. PAYMENTS.

    Making Payments. Pay your Account online or by sending a check, money order, or cashier’s check payable in U.S. dollars to the address shown on your statement. Do not send cash or other correspondence with your payment. If your payment doesn’t meet these requirements, it may not be credited to your Account for up to five days, or it may be rejected. We may accept a payment not in conformance with these requirements without losing any of our rights.

    Payment Application. We will apply the entire amount of each payment made to the Balance.

    Prepayment. A payment in excess of the Minimum Payment Due in any Billing Cycle is a “prepayment”. You may make prepayments in any amount and may pay the entire Balance or any part of it at any time provided that you pay at least the Minimum Payment Due in each Billing Cycle when it is due. You may, at any time, pay more than the monthly Minimum Payment Due or even the entire outstanding Balance without a penalty. No partial prepayment will extend the due date or affect the calculation of the Minimum Payment Due for any succeeding Billing Cycle.

    Effect of Credits on your Minimum Payment Due. Credits applied to your Account do not relieve you of your obligation to pay the Minimum Payment Due.

11. BILLING STATEMENTS AND CREDIT BALANCES.

    1. Billing Statements. We will provide you a billing statement for each Billing Cycle if and as required by applicable law. We do not need to provide a billing statement to you if we deem this Account uncollectible or if delinquency collection proceedings have been started. We will provide you with an electronic billing statement only and that you can obtain a paper statement subject to the charge stated in Paragraph “Fees” above.

    2. Credit Balances. We will refund any credit balance in excess of $1.00 to you as required by law. You authorize us to make the refund electronically or using an electronic transfer, (i) if you made the payment which caused the credit balance electronically, or using an electronic transfer, or (ii) if you typically make payments on this Account electronically.

    3. Errors. You agree to notify us in writing of any errors in the billing statement within 60 days from the date it is first provided to you. You agree to examine each billing statement and notify us immediately in writing of any Purchases which were not made or authorized by you.

12. EVENTS AND EFFECTS OF DEFAULT.

    1. Events of Default. You will be in default under this Agreement if you:

       1. Fail to make the Minimum Payment Due by the Payment Due Date listed on the billing statement;

       2. Breach, or are unwilling or unable to perform, any other provision of this Agreement;

       3. File for bankruptcy;

       4. Become insolvent or generally unable to pay your debts;

       5. Furnish false or misleading information in applying for your Account or otherwise;

       6. Fail to supply us with any information we deem necessary;

       7. Pass away or become incompetent; or

       8. Give us a payment returned unpaid by your bank or financial institution for any reason.

    2. Collection Costs. You agree to pay all costs of collection (including reasonable attorneys’ fees and expenses) if we take any action to collect this Account after default, if permitted and to the maximum amount permitted by applicable law.

    3. Our Rights. If you are in default, subject to the limitations of applicable law, we may, at our option, close your Account and declare the entire unpaid Balance on your Account immediately due and payable. We may refuse to make any new extensions of credit and may cancel any approved extensions of credit from the Account for any Purchase or transaction that has not yet appeared on a billing statement sent to you. This may happen without any prior notice to you. If we choose to grant new credit for your Account after default, you agree that we may charge the new credit to your Account. The other provisions of this Agreement will continue to apply to your Account. If we get a judgment after default and/or if you are a debtor in an action filed by or against you under the Bankruptcy Code, unless prohibited by applicable law, the finance charges applicable to your Account will continue to apply to the balances on your Account.

13. TERMINATION OF THE ACCOUNT IN ADDITION TO TERMINATION BY DEFAULT:

    1. We, at our sole discretion, or you, may terminate this Agreement at any time and for any reason subject to the requirements of applicable law and this Agreement. Termination may be temporary or permanent.

    2. You may terminate your Account by sending written notice to the address on the billing statement.

    3. After Termination, you will not be able to make new Purchases with your Account. After Termination, you will still have to pay any remaining Balance on your Account until paid in full. All other provisions of this agreement will continue to apply.

14. OUR LIABILITY. We have no responsibility for the failure of any Merchant to accept payment using FuturePay. Our liability is limited to that determined by applicable law and will only include actual damages.

15. AMENDMENT OF THIS AGREEMENT. We may amend this Agreement from time to time and will give you written notice where required by law. An amendment may change something in this Agreement, add something new, or take something out. Unless we state otherwise any amendment may apply only to new activity on your Account. If the amendment includes any change for which we need your consent, we will obtain your consent before that amendment becomes effective. If applicable, we may obtain your consent in any one or more of the following ways: (a) by your usage of the Account after we give you notice of the amendment; (b) by your failure to write us on time if we request that you write us to reject an amendment; or (c) by your affirmative agreement which may be obtained verbally, in writing or electronically. If you do not agree to the amendment, you must notify the Bank in the manner provided with the amendment within 25 days after the effective date of the change, and the Bank may close your Account and may elect to have you pay the outstanding Balance as provided by law. Otherwise, you shall be deemed to have agreed to the change(s) in the Bank’s notice. Use of your Account after the effective date of the change shall be deemed to be your acceptance of the New Terms. Any other term in the amendment will become effective without your consent, although you may be able to avoid a fee or charge by not making the type of transaction to which it applies after the effective date of the amendment.

16. DELAY IN ENFORCEMENT. We can delay enforcing any of our rights under this Agreement without losing them. Any waiver by us of any provision of this Agreement will not be a waiver of the same or any other provision on any other occasion.

17. REMEDIES CUMULATIVE. Our remedies under this Agreement shall be cumulative and not alternative.

18. ASSIGNMENT. You may not assign your rights under this Agreement or your Account to anyone. We may sell or assign any or all of our rights under this Agreement any time, including our rights to payments. We do not have to give you prior notice of such action, and none of your obligations will be affected by such assignment.

19. CREDIT INVESTIGATION AND REPORTING. We are authorized to make credit and investigative inquiries we deem appropriate related to your Account and the collection of amounts owed on your Account. You agree that we have the right to obtain a credit report in connection with our review of your application for your Account, and as we deem reasonably necessary to maintain and collect your Account. You authorize us to report your performance under this Agreement to credit reporting agencies, including your failure to make minimum payments on time or other defaults on your account. Tell us if you think we reported wrong information about you to a credit bureau. Write to us at 406 W South Jordan Parkway Suite 250, South Jordan, Utah 84095. Tell us what information is incorrect and why you think it is wrong. If you have a copy of the credit report that includes the wrong information, send us a copy. We may also respond to inquiries about our credit experiences with you as permitted 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 obligation.

20. NOTICES AND CUSTOMER SERVICE, COMMUNICATIONS BETWEEN US, CONSENT TO ELECTRONIC COMMUNICATIONS AND TELEPHONE MONITORING AND RECORDING. Our remedies under this Agreement shall be cumulative and not alternative.

    Terms and Conditions: By providing your phone number and clicking consent, you have agreed to these Terms and Conditions, and you have agreed to receive automated SMS text messages, calls, and emails for any purpose including but not limited to marketing of products and services by the Sponsor Bank. You understand and agree that such messages may be sent via Automatic Telephone Dialing System and/or artificial or pre-recorded voice, and that such consent is not a condition of receipt of any good or service. Mobile carrier messages and data rates may apply. You may opt out at any time.

    1. Communications Concerning Disputed Debts. ALL COMMUNICATIONS BY YOU TO US CONCERNING DISPUTED DEBTS, INCLUDING AN INSTRUMENT TENDERED AS FULL SATISFACTION OF THE ACCOUNT, MUST BE SENT TO: FuturePay Holdings Inc., 406 W South Jordan Parkway Suite 250 South Jordan, Utah 84095.

    2. Notices and Customer Service. You may send correspondence, inquiries and questions concerning your Account to us at support@futurepay.com. You may also call our customer service at: 1-855-984-1129.

    3. Consent to Communication. We may use any means of communication to contact you for any lawful purpose (including debt collection). Such means of communication may include, but is not limited to postal mail, telephone, e-mail, text message or other technology, including but not limited to Voice Over Internet Protocol (“VOIP”), even if you are charged for the contact. Mobile carrier messages and data rates may apply. We may contact you at any address (including any e-mail or text message address) or telephone number (including any cellular telephone number or landline number that is later ported to a cellular telephone) that you give to us, or from which you call us.

       In order to contact you more efficiently, we and/or FuturePay may contact you using autodialed and/or prerecorded message calls or text messages at the telephone number(s) you have provided us. We and/or FuturePay may place such calls or texts to (i) provide servicing related communications about your Account or Account activity, (ii) investigate or prevent fraud, or (iii) collect a debt owed to us. You agree that we and/or FuturePay and our service providers may contact you using autodialed and/or prerecorded message calls and text messages to carry out the purposes we have identified above. We and/or FuturePay may share your phone number(s) with service providers that we contract with to assist us in carrying out these purposes but will not share your phone number(s) with third parties for their own purposes without your consent. You also agree that these communications aren’t unsolicited for purposes of any state or federal law. Standard telephone minute and text charges may apply.

    4. Monitoring or Recording. We may monitor, tape or electronically record our telephone calls with you, including any calls with our customer service department, collection department and any other department.

    5. E-mails. You consent to us emailing you for any lawful purpose, including marketing. You may withdraw consent to us sending you commercial emails by “unsubscribing” when we send you an email.

    6. To Stop the Program: To stop automated messages from coming to your phone, you can opt out at any time. For SMS text messages, you can opt-out by responding “STOP” to any message received. You will receive a one-time opt-out confirmation text message, and after that, you will not receive any future messages. Users have the ability to opt out of this program at any time. Feel free to opt out by selecting this following link: Page link or in the account details screen.

21. GOVERNING LAW. This Agreement is governed by and construed in accordance with the laws of the state of California. To the extent state law applies to this Agreement, this Agreement will be governed by the laws of the state of California without regard to principles of conflicts of law, except to the extent preempted, superseded, or supplemented by federal law. This Agreement is not valid until accepted by the Sponsor Bank, and any credit extended to you is extended in and from California, regardless of where you reside or the place where the Merchant is located.

22. CLASS ACTION WAIVER. YOU WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION AGAINST US RELATING TO THIS AGREEMENT AND AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL.

23. SEVERABILITY. If any of the provisions of this Agreement are held to be unenforceable or invalid for any reason, the remaining provisions hereof shall nevertheless remain enforceable, and shall be interpreted in such a manner to preserve the enforceability of this Agreement to the maximum extent permitted by applicable law.

24. ENTIRE AGREEMENT. This Agreement is the final expression of the agreement between you and the Bank and may not be contradicted by evidence of any alleged oral agreement.

25. 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:
FuturePay Holdings Inc.
406 W South Jordan Parkway Suite 250
South Jordan, Utah 84095
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 statements.
• 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 or electronically. 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:

• 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 finance charges 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:

1. If we made a mistake: You will not have to pay the amount in question or any finance charges or other fees related to that amount.

2. If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable finance charges 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’RE DISSATISFIED WITH PURCHASES MADE WITH YOUR ACCOUNT

If you are dissatisfied with the goods or services that you have purchased with your Account, 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 Account for the Purchase.

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 or electronically at:

FuturePay Holdings Inc.
406 W South Jordan Parkway Suite 250
South Jordan, Utah 84095

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.

FACTS	WHAT DOES FUTUREPAY DO WITH YOUR PERSONAL INFORMATION IN CONNECTION WITH YOUR FUTUREPAY ACCOUNT?
Why?	Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What?	The types of personal information we collect and share depend on the product or service you have with us. This information can include: Social Security number and income Account balances and payment history Credit history and credit scores When you are no longer our customer, we continue to share your information as described in this notice.
How?	All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons FuturePay chooses to share; and whether you can limit this sharing.

 

Reasons we can share your personal information	Does FuturePay share?	Can you limit this sharing?
For our everyday business purposes – such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus	Yes	No
For our marketing purposes – to offer our products and services to you	Yes	No
For joint marketing with other financial companies	Yes	No
For our affiliates‘ everyday business purposes – information about your transactions and experiences	No	We don’t share
For our affiliates‘ everyday business purposes – information about your creditworthiness	No	We don’t share
For our affiliates to market to you	No	We don’t share
For nonaffiliates to market to you	No	We don’t share

Questions?

Call: 1-855-984-1129; Email: support@futurepay.com or go to www.futurepay.com

 

Who we are
Who is providing this notice?	FuturePay, Inc. is providing this notice and it applies to all FuturePay accounts.

 

What we do
How does FuturePay protect my personal information?	To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We also limit access to information to those employees for whom access is appropriate.
How does FuturePay collect my personal information?	We collect your personal information, for example, when you: Apply for a loan or open an account Pay your account information or pay your bills Give us your contact information Use your FuturePay account We also collect your personal information from others such as credit bureaus, affiliates, and other companies.
Why can’t I limit all sharing?	Federal law gives you the right to limit only: sharing for affiliates’ everyday business purposes – information about your creditworthiness affiliates from using your information to market to you sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. See below for more information on your rights under state law.

 

Definitions
Affiliates	Companies related by common ownership or control. They can be financial and nonfinancial companies.
Nonaffiliates	Companies not related by common ownership or control. They can be financial and nonfinancial companies.
Joint Marketing	A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

 

Other Important Information

For California Residents. We will not share personal information with affiliates or nonaffiliates except as permitted by California law, such as to process your transaction or with your consent. For Vermont Residents. We will not share personal information with affiliates or nonaffiliates except as permitted by Vermont law, such as to process your transaction or with your consent.