Cardholder Agreement

THIS AGREEMENT INCLUDES AN ARBITRATION AGREEMENT. UNLESS YOU PROPERLY REJECT THE ARBITRATION AGREEMENT OR THE ARBITRATION AGREEMENT DOES NOT APPLY BECAUSE OF THE MILITARY LENDING ACT, IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE WITH US. FOR EXAMPLE, IN ARBITRATION YOU WILL NOT HAVE THE RIGHT TO A JURY TRIAL OR THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION.

This Cardholder Agreement (“Cardholder Agreement”) is between the Borrower signing below (“Borrower,” “you,” “your,” and “yours”) and The Bank of Missouri (“The Bank of Missouri,” “we,” “us,” and “our”). It sets forth the terms of Purchases and Cash Advances made using your Card and payments you must make to us. It should be read together with the Pricing Schedule and the Card Account Disclosures (together, the “Disclosures”) and the Security Agreement (collectively with the Disclosures, and together with this Cardholder Agreement, the “Agreements”). Please see Exhibit A attached to this Cardholder Agreement for a glossary of certain terms used in the Agreements. Please read this Cardholder Agreement and keep it for future reference.

1. ACCEPTANCE AND USE OF CARD ACCOUNT; PROMISE TO PAY. By accepting a Card, activating or using the Card Account, or allowing someone else to do so, you agree to and accept the terms of the Agreements, as such terms may be changed from time to time by us. You may use your Card Account only for personal, family, or household purposes, and not for any business, commercial or investment purpose. You should sign the back of your Card before using it. You promise to pay us the amount of all transactions, interest, fees, if any, and other amounts charged to your Card Account.

You may make Purchase transactions up to your Credit Limit and subject to credit availability either by presenting your Card to a merchant, or by using your Card or Card Account number over the telephone, internet or some other electronic method, to complete such transactions. See Section 4 for additional information on obtaining Cash Advances.

Certain mobile phones or other electronic devices can be provisioned to function as a Card, such as by storing and/or accessing Card Account data (for example, through a mobile wallet). Transactions using such devices can proceed like an online transaction over the internet or can function like a traditional credit card. Any such electronic device constitutes a "Card" under the Agreements. Applications that enable your electronic devices to function as a Card may be subject to separate terms and conditions. We are not responsible if a transaction violates such terms and conditions. However, transactions subject to any such terms and conditions are also subject to the Agreements.

If your mobile phone or other electronic device can function as a Card, you are solely responsible for protecting it in the same manner as protecting a plastic credit card or Card Account information. Giving another person a device that functions as a Card and/or any information necessary to use the device as a Card has the same consequence for you as permitting such person to use your Card Account.

You may be able to establish recurring periodic billing arrangements with various merchants, and it will be your responsibility to ensure such merchants are provided with current Card Account information. If your Card Account information changes, such as a change in Card Account number or Card expiration date, you consent to our providing such new Card Account information, at our discretion, to any or all such merchants, but we are not obligated to do so. If your Account is closed or your charging privileges are suspended, you will need to contact such merchants to stop the automatic transactions.

You may not use your Card Account for balance transfers or for "quasi-cash" transactions, which include, but are not limited to, purchases of wire transfers, money orders, traveler’s checks, foreign currency, lottery tickets, off-track bets and casino gambling chips. You may not obtain Cash Advances except as set forth below in Section 4. If you are somehow able to use your Card Account for a transaction of a type described in the first sentence of this paragraph, you agree to repay any amount(s) for such transaction upon demand.

We may refuse to authorize a Cash Advance or Purchase in our sole discretion including, without limitation, if we reasonably suspect that the request for a Cash Advance or Purchase is fraudulent or suspicious. We may freeze your Card Account and not permit Cash Advances or Purchases in our sole discretion at any time, including in the event that you fail to make a payment when due or otherwise do not comply with your obligations under this Cardholder Agreement.

2. CREDIT LIMIT; SAVINGS ACCOUNT AND CASH ADVANCE CREDIT LIMIT.

a. Initial Cash Advance; Credit Limits; Additional Cash Advances; Available Credit: Your initial Credit Limit is set forth in the toWealth mobile app. Upon the establishment of the Card Account, you may direct us to make an Initial Cash Advance by transferring up to the amount you specify when opening the Card Account into your bank account subject to your initial Available Credit. After your Initial Cash Advance, we may establish different Credit Limits for different types of transactions or for the different credit plans of your Card Account. For example, you may have different Credit Limits for Purchases and Cash Advances. If we establish different Credit Limits for different types of transactions or for the different credit plans of your Card Account, we also may calculate the Available Credit separately for each applicable Credit Limit. Your ability to obtain new Cash Advances after an Initial Cash Advances may be limited if we establish a separate Credit Limit or Available Credit for Cash Advances. Whenever you are not in breach of your obligations under the Agreements, you may generally obtain additional Cash Advances up to (but not exceeding) any applicable Credit Limit (or Credit Limit for Cash Advances) and subject to your Available Credit (or Available Credit for Cash Advances). However, we may refuse to authorize additional Cash Advances at our sole discretion.

We will post any applicable Credit Limits on your Billing Statements and in the toWealth mobile app. You are responsible for keeping track of any applicable Credit Limits and the related Available Credit. We may increase or decrease any applicable Credit Limit without notice at any time and for any reason. When you make a payment under the Card Account, we may defer adjusting the amount of Available Credit until we confirm that the payment has been made with good funds. Your Credit Limit(s) will typically increase when the balance of your Savings Account sufficiently exceeds the balance you owe us under your Card Account; see the Security Agreement for additional details.

b. Savings Account: In conjunction with the opening of your Card Account, we will open a Savings Account for you, which is an interest earning savings account that grows into a savings fund over time. We will fund your Savings Account with an initial $5 deposit. Your periodic Minimum Payments Due (which include the Savings Account Payment) will pay down the amount you owe us under your Card Account and simultaneously increase your Savings Account balance. Funds in the Savings Account secure the amounts you owe us under the Cardholder Agreement and are subject to severe limits on withdrawal while you owe us any money.

3. CANCELLATION OF CARD ACCOUNT. Notwithstanding anything to the contrary in any of the Agreements, you may cancel your Card Account and receive a credit or refund of any interest, fees, and charges imposed by us by giving us notice of cancellation by email to support@towealth.com within one (1) day after execution of the Agreements, provided that no such cancellation shall be effective unless we are able to immediately reverse, recover or receive from you the amounts of any outstanding Cash Advances and/or Purchases. (See Section 15(a) below for information on how to close your Card Account after the cancellation period ends.)

4. CASH ADVANCES.

a. Obtaining Cash Advances: To obtain a Cash Advance, you must utilize the toWealth mobile app or another method we make available. On each Cash Advance, a Cash Advance Fee of either $10 or 5% of the amount of the Cash Advance, whichever is greater, up to a maximum amount of $75, will be charged. Generally, a Cash Advance will be transferred to your bank account via ACH on the first business day after you properly request a Cash Advance. If you request a Cash Advance to your debit card, it may be available within 15 minutes. However, we are not responsible for any delays that may occur due to circumstances beyond our reasonable control. We charge an Instant Transfer Fee of $3.75 if you choose to receive your Cash Advance directly to your debit card. If any part of our processing system is not working, we may not be able to authorize a Cash Advance, even if you have sufficient Available Credit for Cash Advances. We will not be liable to you if this happens.

b. Disbursal of Your Cash Advances: The funds associated with any Cash Advance you obtain will typically be disbursed to you through an electronic fund transfer, or directly to your debit card for an additional fee.

5. INTEREST. We will charge you daily interest (a form of finance charge) on the outstanding principal amount (which includes Purchases and Cash Advances, as applicable) for each transaction type as follows:

a. Each billing cycle, the total interest for each transaction type will equal the sum of the interest for each day during the billing cycle. The interest each day equals the “Closing Daily Balance” of your Card Account times the Daily Periodic Rate. For all transaction types, the initial Daily Periodic Rate and the initial “Annual Percentage Rate” (or “APR”) are set forth in the Card Account Disclosures. We compute the Closing Daily Balance for each day during the billing cycle using the "daily balance (including current transactions)" method as follows for each transaction type: We start with the outstanding principal balance outstanding at the end of the immediately preceding day. We then add any new transactions (including Purchases and Cash Advances, as applicable) or other debits and then deduct any payments or other credits applied to principal. The result gives us the Closing Daily Balance for each type of transaction. Payments are applied on the day they are received by us. We do not include any interest or fees in the Closing Daily Balance, and the Closing Daily Balance will never be less than $0. The “Balance Subject to Interest Rate” for a billing cycle, which will be shown on your Billing Statements, equals the sum of the Closing Daily Balances divided by the number of days in the billing cycle.

b. We begin to impose interest charges on any applicable transaction from the day we add it to the daily balance of your Card Account. There is no grace period when you can avoid paying interest. We continue to impose interest charges until you pay the total amount you owe us, including if you default. If you are charged interest, the charge will be no less than 50 cents.

6. FEES. We will charge the following fees and charges to your Card Account to the extent permitted by law:

a. Annual Fee: You agree to pay us a non-refundable Annual Fee. Your first Annual Fee will be charged upon the opening of your Card Account and will be equal to either $30 if your initial credit limit is less than $200 or $50 if your initial credit limit is $200 or more. After that, an Annual Fee will be charged annually on the anniversary of the opening of your Card Account in the amount of $50. The Annual Fee will be charged as long as your Card Account remains open regardless of whether or not you have an outstanding balance. We may, in our sole discretion, waive or reduce any Annual Fee in the event your Card Account is paused or your credit privileges are suspended.

b. Cash Advance Fee: For each Cash Advance, a Cash Advance Fee of either $10 or 5% of the amount of the Cash Advance, whichever is greater, up to a maximum amount of $75, will be charged.

c. Late Fee: Subject to our right to waive any Late Fee in whole or in part, on any Minimum Payment Due that is not paid in full within fifteen (15) days after its Payment Due Date (the “Grace Period”), we will charge a Late Fee equal to the greater of $15, or 5% of the Minimum Payment Due, not to exceed $30; provided, however, that the Late Fee will never exceed the related minimum payment that was due. We will never charge you a Late Fee in addition to another fee when both fees stem from a single event or transaction.

d. Returned Payment Fee: For any check, draft, order, or like instrument that is returned unpaid by a financial institution, we will charge a Returned Payment Fee of $25; provided, however, that the Returned Payment Fee will never exceed the related minimum payment that was due. We will never charge you a Returned Payment Fee in addition to another fee when both fees stem from a single event or transaction.

7. PROMISE TO PAY; SCHEDULED PAYMENTS. You promise to pay Purchases, Cash Advances, interest, fees and charges, and make contributions to the Savings Account in accordance with the rules set forth in this Section 7.

a. Payment Due Dates: The day by which you are required to make your monthly periodic payment (your “Payment Due Date”) will be at least 21 days after the close of your billing cycle and specified on your Billing Statement. Whenever a Payment Due Date would otherwise be due on a day that is not a business day, the Payment Due Date will be on the business day immediately following the scheduled Payment Due Date. However, if you have arranged to make a payment on a non-business day through us (or a service provider of ours), we reserve the right to process the payment on that day without delaying until the next business day.

b. Minimum Payments Due: Your Minimum Payment Due in a given billing cycle comprises (i) an amount based on your Card Account balance at the end of the last billing cycle in which there was a Recalculation Event as described below (the “Card Account Payment"), and (ii) the amount of your current Savings Account Payment. The Minimum Payment Due will include the Savings Account Payment even if your Card Account balance is $0 (unless we agree otherwise). If the amount of your Savings Account Payment changes, the amount of your Minimum Payment Due will change as well.

i. We determine your Card Account Payment by taking the greater of (i) $25 or (ii) an amount calculated by taking your Card Account balance at the end of the last billing cycle in which you made a Purchase (or a Purchase was reversed or added back to your balance after a reversal), obtained a Cash Advance or incurred a Late Fee or Returned Payment Fee (each, a “Recalculation Event”) and calculating the approximately equal monthly amounts (subject to rounding in our discretion) you would need to pay for 60 months to pay off the Card Account balance and anticipated interest (calculated at the APR in effect at the end of the cycle when the last Purchase or Cash Advance was made) assuming that you make all of your Minimum Payments Due on their Payment Due Dates and assuming you incur no additional Annual Fees or other fees. (If you make timely payments and stop making Purchases and obtaining Cash Advances, it will take longer than 60 months to pay off your Card Account balance due to the Annual Fees that will be added to your Card Account balance over the 60-month period.) However, in no event will your Card Account Payment exceed your Card Account balance.

ii. Savings Account Payment: Your Savings Account Payment is an amount included in the Minimum Payment Due, but it is an amount contributed to your Savings Account (i.e., it increases the amount of funds in your Savings Account, but it does not pay down the account balance of your Card Account).

Your monthly Savings Account Payment will vary based on your initial credit limit as follows: If your initial credit limit is less than $400, your Savings Account payment will be $100. If your initial credit limit is $400-$499.99, your Savings Account Payment will be $150. If your initial credit limit is $500-$999.99, your Savings Account Payment will be $200. If your initial credit limit is $1,000-$1,499.99, your Savings Account Payment will be $250. And, if your initial credit limit is greater than or equal to $1,500, your Savings Account Payment will be $300. We may allow you to increase your Savings Account Payment from time to time, and once your Savings Account balance is equal to or more than your credit limit, we may allow you to lower your Savings Account payment amount to no less than $50.

The Savings Account Payment will remain the same unless you request a change in the amount of the Savings Account Payment and that change is approved by us. We may honor or dishonor any such request in our absolute discretion (even if your Card Account balance is $0). You can request a change in the amount of the Savings Account Payment in increments of $25 using any functionality or channel we make available for that purpose from time to time, which may not be available immediately when your Card Account is opened, including the toWealth mobile app. You may, at any time, voluntarily authorize one-time payments and direct that they be deposited into the Savings Account. Such payments would be in addition to the Savings Account Payment and would not increase your Savings Account Payment.

iii. Use of Savings Account to Help Make Payments. While your Card Account and Savings Account are open and in good standing, you may, on an ongoing basis, request that a portion of the funds in your Savings Account be applied toward the Minimum Payment Due for a billing cycle. Subject to applicable law and our program rules, we may honor your request, but we are not required to apply any particular amount, and we may set or change limits on the amount and frequency of such applications in our sole discretion. (For example, we could permit you to apply from the Savings Account an amount equal to the Card Account Payment portion of the Minimum Payment Due and not the full Minimum Payment Due.) Any amount applied from your Savings Account under this feature will be treated as a payment on your Card Account and will generally reduce the funds in your Savings Account. This feature does not reduce the Minimum Payment Due for any billing cycle; it only changes the source of funds used to satisfy the applicable portion of that obligation.

c. Making Payments: You agree to make your payments only in U.S. dollars. In our discretion, we may delay increasing your available credit for any transactions by the amount of any payment until we determine that your payment has been indefeasibly collected. You agree that we are not obligated to accept payment checks drawn on a financial institution that is outside of the U.S. or that do not contain proper signatures and amounts. If you present and we accept a check drawn on a non-U.S. financial institution, posting of your payment will be delayed. You agree to allow us, at our discretion, to place a hold on your Account until a check drawn on a non-U.S. financial institution has been finally collected. We reserve the right to reject any payment that will create or increase a credit balance on your Account as of the date we receive the payment. We also reserve the right to apply the funds in your Savings Account to your Card Account if we do not receive a scheduled payment. However, we will never apply funds in this way if doing so would result in a series of at least three consecutive payments at substantially regular intervals. We will not pay interest on any credit balance on your Account.

Payment received at the address we specify for payments on your Billing Statement in proper form by 5:00 PM Mountain Standard Time on a business day will be credited to your Account as of that day. Payments received in proper form at this address after that time will be credited to your Account as of the next business day. We may, in our discretion, accept payments not received in proper form, but crediting of such payments may be delayed up to five days following receipt. We may refuse to process a payment if we reasonably believe that it is fraudulent, not properly authorized or drawn on an account in which you have no rights.

d. Collection of Past-Due Payments, Late Fees, and Returned Payment Fees: Subject to applicable law, on each Payment Due Date, in addition to the Minimum Payment Due on such Payment Due Date, we have the right to seek to collect any unpaid Minimum Payments Due, Late Fees, and Returned Payment Fees applicable to prior Payment Due Dates. We may also seek these amounts on a day other than a Payment Due Date.

e. Application of Payments: We will allocate payments and other credits in our sole discretion, subject to applicable law; provided that we will allocate the portion of the Minimum Payment Due associated with the Savings Account Payment to your Savings Account. As required by law, we will apply payments in excess of the Minimum Payment Due to outstanding balances with higher APRs, if any, before outstanding balances with lower APRs, if any. The method we use to allocate payments may result in your paying higher periodic interest.

f. Payment Limits: There typically are no limits on the amount of payments you can make towards your Card Account balance or your Savings Account. However, in our sole discretion, we may limit your payments up to the amount of your Account balance and/or limit the amount of payments you can make towards your Savings Account. If your Card Account balance is $0 (or will be $0 after a portion of a payment is applied to it), any excess payment will be credited to your Savings Account.

g. Voluntary Prepayments: AT ANY TIME, YOU MAY PREPAY ALL OR ANY PART OF THE OUTSTANDING BALANCE OF THE CARD ACCOUNT WITHOUT PENALTY. THIS WILL HAVE THE EFFECT OF REDUCING THE INTEREST WE CHARGE. IF YOU PAY US MORE THAN THE AMOUNT YOU OWE US ON THE CARD ACCOUNT, WE MAY BUT ARE NOT OBLIGATED TO CREDIT THE EXCESS TO YOUR SAVINGS ACCOUNT.

8. PAYMENT OPTIONS. You have the following options for making your Minimum Payments Due (“your Payments”), as set forth below.

a. Option One (Automatic Recurring Debit Card Charges, ACH Payments, and/or Drafts (“Autopay”)): If you select this option, you will be presented with an authorization to set up Autopay. If you sign this authorization, we will initiate credits via an electronic fund transfer to the Bank Account or Debit Card you have on file with us in the amount (1) of the proceeds of any Cash Advance you authorize; (2) of any funds that remain on your Account or in your Savings Account in the event you close and pay off your Card or Account; or (3) otherwise necessary to maintain an accurate Account balance.

Option Two (“Borrower Initiated Payments”): If you select this option, you agree to make your Payments by: (i) mailing us checks, (ii) enrolling in an automatic bill payment service with your financial institution, or (iii) contacting us at (800) 988-7782 or via our Mobile App to authorize one-time Debit Card charges, or ACH payments. Option Two substantially increases the risk of late payments, which can lead to Late Fees and possible defaults. We recommend Option One instead. If you select Borrower Initiated Payments, you authorize us to mail one or more checks via United States Post Service to the address associated with your Account in the amount (1) of the proceeds of any Cash Advance you authorize; (2) of any funds that remain on your Account or in your Savings Account in the event you close and pay off your Card or Account; or (3) otherwise necessary to maintain an accurate Account balance.

9. DEBIT CARD, ACH AND/OR RCPO AUTHORIZATION FOR MISSED PAYMENTS. In the event you fail to pay the entire Minimum Payment Due on or before the Payment Due Date, you authorize us to initiate thereafter one or more Debit Card charges, ACH payments, or Remotely Created Payment Orders (“RCPO”) in an aggregate amount not exceeding the shortfall, using account information you have supplied us, subject to applicable law. However, we will never initiate a payment if doing so would result in a series of at least three consecutive payments at substantially regular intervals. If any ACH or RCPO payment is dishonored, you authorize us to attempt to process it up to two additional times and/or to seek to process the payment as a Debit Card payment. If any Card charge fails, you authorize us to reinitiate it until it is successful. Your bank might charge you a returned payment or overdraft fee if a payment we submit is returned or creates an overdraft. You may cancel this authorization in the Mobile App.

10. UNSUCCESSFUL PAYMENTS. If you are enrolled in Autopay and any payment cannot be obtained by Debit Card charge, ACH payment, or Remotely Created Payment Order, you remain responsible for such payment and any resulting fees under the Cardholder Agreement. We are not liable to you for any fees or charges your bank may impose on rejected payments.

11. ERROR CORRECTIONS; MODIFIED CHARGES. In the event we make an error in processing a Debit Card charge, ACH payment, or Remotely Created Payment Order, you authorize us to initiate a payment and/or credit to or from the Debit Card or the bank account to correct the error. Instead of or in addition to any Debit Card charges, ACH payments, or Remotely Created Payment Orders described above, you authorize us to process any Debit Card charges, ACH payments, or Remotely Created Payment Orders you subsequently confirm by phone, text message, or email.

12.CHECK CONVERSION NOTIFICATION; ELECTRONIC CHECK RE-PRESENTMENT. If you provide a check as payment, you authorize us and the Servicing Parties either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. In the event a check is returned unpaid for insufficient or uncollected funds, you authorize us to re-present the check electronically one additional time. For questions, please contact us at (800) 988-7782. In the ordinary course of business, the check will not be provided to you with your bank statement, but a copy may be available by contacting your financial institution.

13. IRREGULAR PAYMENTS. We may accept late payments, partial payments, disputed payments or payments marked with restrictive writing, such as "Paid in Full" or similar language, without losing any of our rights under the Agreement. If you wish to make a payment in satisfaction of a disputed amount or balance, you must send it to the Notice Address, Attn: Compliance with a letter of explanation. Despite any such language, we may deposit such a payment without such deposit satisfying the amount in dispute or otherwise affecting our right to receive payment in full.

You may not use a post-dated check as a payment, and we may return or deposit any such check without waiting for the date found on the check. We are not liable to you for any expense or loss you incur arising from the actions we may take with respect to a post-dated check.

14. BILLING STATEMENTS. We will provide Billing Statements as and when required by applicable law, shortly after the end of each billing cycle. The length of your billing cycles will be one month, except your first billing cycle may be shorter than this. Your Billing Statements will contain information about Purchases, Cash Advances, interest and fees, outstanding balances, payments you have made, and upcoming Payment Due Dates and Minimum Payments Due.

15. CLOSING YOUR toWealth CARD.

a. You can close your toWealth Card at any time by following the account closure instructions in the toWealth app, and by destroying all Card plastics or other credit devices for the Card Account. You must notify anyone you have authorized to charge transactions to your Card Account that you have closed your Card Account or we may continue to allow these transactions. Your obligations on the Account will continue even though you have closed your Account. IF YOU OR WE CLOSE YOUR CARD ACCOUNT, WE MAY REQUIRE YOU TO PAY YOUR CARD ACCOUNT BALANCE IN FULL BEFORE WE RETURN ANY FUNDS IN THE SAVINGS ACCOUNT.

b. We may close/cancel your toWealth Card or your Savings Account, suspend your credit privileges, or reduce your Credit Limit at any time and for any reason, subject to applicable law. If we take any of these steps; (1) we may apply any Savings Account balances against the outstanding balance of the Card Account; (2) we may disburse the remainder of any funds in your Savings Account to you or any account you have on file with us in accordance with the terms of your Savings Account; (3) interest and fees on the Card Account will continue to accrue until you pay the outstanding balance of the Card Account in full; and (4) payments of the Minimum Payment Due will continue to be due each Payment Due Date. We are not liable for any refusal by anyone to honor your Card Account or Card. Notwithstanding anything to the contrary in Section 7(b) or elsewhere in the Agreements, if your Card Account has been closed or paused by you or by us, we may, in our sole discretion, cease including any Savings Account Payment as part of your Minimum Payment Due. In that case, we may continue to require that you make periodic payments in an amount up to, but not greater than, the Minimum Payment Due in effect immediately prior to closure or pause (excluding any Late Fees and Returned Payment Fees), and we will apply the entire amount of such payments (other than any applicable Late Fees and Returned Payment Fees) to amounts you owe under your Card Account rather than to the Savings Account.

16. CHANGE OF TERMS. Subject to applicable law, we may change the terms of this Agreement for any reason or no reason, and in any respect, by adding, deleting or modifying any provision, including APRs, fees, the calculation of Minimum Payment Due, the arbitration agreement and other terms. In certain circumstances, when we are required by law to notify you of changes to the terms of this Agreement, we will do so. In other circumstances we may not be required to do so. When required by law to advise you that you have a legal right to reject any changes we make, we will provide an explanation about how to do that. Changes will not apply to existing balances except where permitted by applicable law. In some circumstances, APRs or other aspects of your Account may change even though the terms of the Account do not change. We can update any address or telephone number provided in this Agreement, but we will notify you if we do so.

17. DEFAULT.

a. Events of Default: To the extent permitted by law, and subject to any notice and cure rights you may have under applicable law, we may declare a default upon (A) your failure to make any Minimum Payment Due in full by the end of the Grace Period, (B) our discovery that you have given us misleading, false, incomplete, or incorrect information; (C) your death; (D) your withdrawal of your consent for us to provide you with Communications electronically; (E) your filing bankruptcy; or (F) any threat, in our sole discretion, to the Collateral, including but not limited to attachment or levy by a third party. To the extent Missouri law does not fully govern this Agreement or the default provisions herein, residents of the states below are notified of the following:

IDAHO, IOWA, KANSAS, MAINE AND SOUTH CAROLINA RESIDENTS ONLY: We may declare you to be in default if you fail to make a payment in full within ten days after the applicable scheduled due date or if the prospect of your payment or performance is significantly impaired (for Iowa residents, if, following an event of default, the prospect of your payment is materially impaired). We have the burden of establishing the impairment of such prospect of payment or performance.

WISCONSIN RESIDENTS ONLY: We may declare you to be in default if (a) you permit to be outstanding an amount exceeding one full payment which has remained unpaid for more than 10 days after its scheduled due date or deferred due date, or if you fail to pay the first payment or last payment within 40 days of its scheduled due date or deferred due date or (b) you fail to observe any other provision of this Agreement, the breach of which materially impairs your ability to pay the amounts due under the Agreement.

b. Grace Period; Cure Rights: Notwithstanding any language to the contrary in any Agreement, we will not report you as late to a credit bureau, impose a Late Fee, commence collection activities, or treat any Minimum Payment Due as late for any purpose if you make such Minimum Payment Due in full prior to the end of the applicable Grace Period. In the event you fail to make any Minimum Payment Due in full by the end of the applicable Grace Period, we will treat the Minimum Payment Due as past due and may declare you to be in default. However, if you pay the entire shortfall associated with a particular Minimum Payment Due and Payment Due Date after the applicable Grace Period but before we declare a default, we will treat your Card Account as current for all purposes. If you pay the entire shortfall after the applicable Grace Period and after we declare a default, we may, but need not, treat your Card Account as current for all purposes.

c. Default Remedies: Upon any default declared under this Cardholder Agreement but subject to applicable law, we may: (i) cancel your toWealth Card or terminate or suspend your credit privileges under this Cardholder Agreement; (ii) declare the entire amount outstanding under the Card Account immediately due and payable; (iii) realize and apply any Collateral against the amount outstanding under the Card Account; (iv) if you are enrolled in Autopay, initiate one or more Electronic Payments (each, a “Catch-Up Payment”), by Debit Card, ACH, and/or Remotely Created Payment Order in an aggregate amount up to the amount outstanding under the Card Account, perhaps over a lengthy period of time; (v) commence a collection action against you; and/or (vi) use any other remedies we have under the Agreements or applicable law.

d. Non-Waiver of Defaults; Attorneys’ Fees: If we waive or do not declare an event or condition to be a default, or do not exercise any available remedy upon default, we do not waive the right to declare the same or any other event occurring later as a default or to exercise such remedy. If you default and we refer your Card Account for collection to an attorney who is not a salaried employee of ours, then to the extent permitted by law you agree to pay our reasonable attorneys’ fees not to exceed 15% of the unpaid debt after default, plus court costs as permitted by law.

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

18. FOREIGN TRANSACTIONS. We generally do not permit foreign transactions. However, if a Purchase is in a currency other than U.S. dollars, the payment network supporting your Card Account will convert the Purchase into U.S. dollars using its own currency conversion procedures. Currently, the exchange rate is determined in one of two ways. The rate will come from either the range of rates available in the wholesale currency markets for the processing date (which may be different from the rate the payment network receives) or a government-mandated rate in effect on that date. The exchange rate used may differ from the rate on the date of your Purchase or its posting date. These rules may change without notice.

19. ILLEGAL ACTIVITIES AND CARD USE. You agree not to use your Card or Card Account to engage in illegal activities, including, but not limited to, certain internet gambling. If you use your Card or Card Account to engage in any illegal activity, you understand that you will nevertheless be liable for any resulting transactions made by use of your Card or Card Account, and any related interest and fees, if any.

20. LIABILITY FOR ACCOUNT. Except as otherwise noted herein, you are liable for all amounts due under this Agreement regardless of who receives benefit from the Card Account.

21. OTHER USERS OF YOUR CARD ACCOUNT. If you permit another person to use your Card Account by providing such person with a Card or the Card Account number, your permission will be deemed to extend to all transactions made by that person and will continue until you notify us at (800) 988-7782 or otherwise take the necessary steps to prevent such person from making further transactions using the Card Account. You will be obligated to pay all transactions made by any person you permit to use your Card Account, as well as all related interest, whether or not you intended to be responsible for such charges.

22. LIABILITY FOR UNAUTHORIZED USE. If you notice the loss or theft of your Card or a possible unauthorized use of your Card Account or Card, you should contact us immediately using the contact information in the Card Account Disclosures or any revised contact information we may subsequently provide. You will not be liable for any unauthorized use that occurs after we receive your notice.

We issue the Card to you at your request and you agree to destroy it upon demand. You will notify us promptly if your Card is lost, stolen or if there is unauthorized use of your Card or Card Account, or if someone uses your Card or Card Account to make unauthorized Purchases at merchants not authorized to accept your Card or Card Account. Under our no fraud liability policy, you will not be liable for any unauthorized Purchases made through the MasterCard network at merchants, including those transacted on the internet if you contact us promptly after the Billing Statement on which the transaction occurred was mailed or electronically sent to you. If you orally give us notice concerning loss or theft, we may request that you confirm such notice in writing. Also, you agree to assist us in determining the facts and circumstances relating to any loss, theft or possible unauthorized use of your Card or Card Account and to comply with such procedures as we may reasonably require in connection with our investigation. You agree that unauthorized use does not include use by a person to whom you have given authority to use the Card or Card Account and that you will be liable for all use by such a person until you notify us that such authority to use the Card or Card Account is no longer authorized. To terminate that authority, you must notify us at (800) 988-7782.

23. CREDIT INVESTIGATION. You agree that from time to time we may verify the information in your Application, including employment and income information, and we may obtain reports and other information bearing on your credit standing. We may require you from time to time to provide updated application information.

24. REPORTING INFORMATION TO CREDIT BUREAUS; IDENTITY THEFT. We may report information about the Card Account and your performance under the Cardholder Agreement to other creditors, financial institutions, and credit bureaus, but we are not required to do so unless we separately promise that we will. Late payments, missed payments, or other defaults may be reflected in your credit report. You have the right to dispute the accuracy of information we have reported. If you believe that any information that we have reported to a credit bureau is inaccurate, or if you believe that you have been the victim of identity theft in connection with this Cardholder Agreement, write us at the Notice Address, Attn: Fraud/Dispute. Include your name, address, Transaction Number, telephone number, and a brief description of the problem. If available, include a copy of the credit report in question. If you believe that you have been the victim of identity theft, send us a police report or written statement alleging that you are the victim of identity theft for a specific debt.

25. TRUTHFULNESS OF APPLICATION. You represent that every statement made in your application for credit is true, complete, and correct and that you are at least 18 years of age. YOU EXPRESSLY AUTHORIZE US TO ATTEMPT TO CONFIRM ANY STATEMENT MADE IN YOUR APPLICATION WITH YOUR EMPLOYER OR OTHER THIRD PARTIES.

26. GOVERNING LAW. Except as set forth in the Arbitration Agreement, the Agreements will be governed by and interpreted under the laws of the State of Missouri, without regard to its conflicts of law principles.

27. ENTIRE AGREEMENTS. The Agreements constitute the sole agreements between you and us with respect to the subject matter of the Agreements.

28. ELECTRONIC SIGNATURES AND DISCLOSURES. You agree to the terms of the E-Sign Notice and Consent and you agree that electronic signatures will have the same effect as your physical signature.

29. ASSIGNMENT. You cannot transfer or assign your Card Account or your rights under this Agreement to any other person, and any attempt to do so is automatically void and of no legal effect. You understand and agree that we may transfer or assign all or any part of your Card Account balance and/or our rights under this Agreement at any time and without notice to you unless required by law.

30. BANKRUPTCY. Any communication with us required or permitted under the Federal Bankruptcy Code must be in writing, must include your name, address, and Card Account number, and must be sent to the Notice Address, Attn: Legal Department. You represent and warrant that you are not currently a debtor in bankruptcy, you are not contemplating bankruptcy, and you have not consulted with an attorney regarding bankruptcy in the past six (6) months.

31. COMMUNICATIONS. You agree that your telephone communications with us or the Servicing Parties may be monitored, recorded, and retained by any of them for training, quality control, evidentiary and other purposes. However, we are not under any obligation to monitor, record, retain, or reproduce such items, unless required to do so by applicable law. You expressly consent and authorize us and any of the Servicing Parties to contact you at any telephone number (including wireless, landline, and VOIP numbers) that you provide to us in your credit application, or any number you have previously provided to a Servicing Party, regarding the Servicing Parties’ servicing and/or collection of amounts you owe under your Card Account, or any other transaction or agreement involving you and the Servicing Parties or otherwise, now or in the future. The Servicing Parties may use auto dialers, pre-recorded messages, text messages, ringless voicemail drop, or similar technologies, in order to provide alerts and other information regarding your current or future applications, the Agreements, the Card Account, the Savings Account, and/or any other accounts, products, and services you have or may have with us. Message and data rates may apply. You also expressly consent to the Servicing Parties sending email messages regarding this Cardholder Agreement or your relationship with us or a Servicing Party to your email address, including emails delivered to a cell phone or mobile device. You agree that you will accept or return our calls regarding the Agreements and your relationship with us or a Servicing Party. You understand that calls may be automatically dialed and a message played; you understand and agree that these calls and messages may be read or listened to by anyone with access to your telephone or email account, and that such calls are not “unsolicited calls” for purposes of any state or federal law; and you expressly consent to receive such calls and messages. You agree that the Servicing Parties are not liable for any resulting breach of privacy or for any charges or costs you incur in connection with text messaging, emails, or other communications that a Servicing Party may send you. To revoke authorization for any calls and texts for which your authorization is required by applicable law, email us at support@towealth.com or call us at (800) 988-7782.

32. APPLICABLE LAW. The phrase “to the extent permitted by law” and similar language in the Agreements mean to the extent not affirmatively prohibited by applicable law.

33. SEVERABILITY. Except as otherwise provided for in the Arbitration Agreement, if any provision of any Agreement or the application of any such provision is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of any Agreement or invalidate or render unenforceable such provision in any other jurisdiction.

34. ACCOUNT BALANCE AND INFORMATION REQUESTS. If you fail to make any payment due under this Cardholder Agreement, we or a third party we retain may contact the financial institution on which your payment is drawn or authorized and request information about your account in order to determine if a payment will clear if presented or re-presented. You authorize us or a third party we retain to contact your financial institution for this purpose and you authorize the financial institution to release account information upon such request.

35. COMPLIANCE WITH LAW. If a law which applies to this Cardholder Agreement and which sets interest or fee limits is finally interpreted so that any interest or fees collected or to be collected in connection with this Cardholder Agreement exceed the permitted limits, then: (a) any such interest or fees will automatically be reduced to the maximum permitted limit, retroactively effective as of the date of this Cardholder Agreement, and as though this Cardholder Agreement originally provided for the reduced interest or fees; and (b) any sums already collected from you which exceed permitted limits will be refunded to you. We may choose to make any refunds described in this section by reducing the amount you owe under this Cardholder Agreement, applying such refund to any other amount you owe us, and/or by making a direct payment to you.

36. NO ASSIGNMENT OF WAGES OR EARNINGS DEDUCTION. This Cardholder Agreement does not provide for an assignment of wages or deductions from earnings prohibited by law.

37. CREDIT AUTHORIZATIONS. We may not authorize a transaction for security or other reasons. We will not be liable to you if we decline to authorize a transaction or if any third-party refuses to accept a payment from your Card Account.

38. MERCHANT DISPUTES. If you have a dispute with a merchant, you may request a credit to your Card Account. If we resolve the dispute in your favor, we will issue a credit to your Card Account. You assign to us your claim for the credited amount against the merchant and/or any third party. At our request, you agree to provide this assignment in writing. In the event of repeated disputes or abuse of the chargeback process, we may freeze your credit or cancel your toWealth Card to the extent permitted by law.

39. OUR PRIVACY NOTICE. We send you our Privacy Notice when you open your Card Account. Contact us or visit www.toWealth.com if you would like a copy. Please read it carefully, as it summarizes the personal information we collect, how we safeguard its confidentiality and security, when it may be shared with others, and how you can limit our sharing of this information.

40. FAIR CREDIT BILLING ACT 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 Billing Statement

If you think there is an error on your Billing Statement, write to us at:

toWealth Cardmember

725 E. Covey Lane, Suite 130

Phoenix, AZ 85024

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 Billing Statement, 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 Billing Statement.
At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.

You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.

What Will Happen After We Receive Your Letter

When we receive your letter, we must do two things:

1.
Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error.
2.
Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.

While we investigate whether or not there has been an error:

We cannot try to collect the amount in question or report you as delinquent on that amount.
The charge in question may remain on your Billing Statement, and we may continue to charge you interest on that amount.
While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
We can apply any unpaid amount against your Credit Limit.

After we finish our investigation, one of two things will happen:

If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.
If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a Billing Statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.

If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.

If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.

Your Rights If You Are Dissatisfied With Your Credit Card Purchases

If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.

To use this right, all of the following must be true:

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

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

toWealth Cardmember Services

725 E. Covey Lane, Suite 130

Phoenix, AZ 85024

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.

41. ARBITRATION AGREEMENT (the “Arbitration Agreement”).

Please read this Arbitration Agreement carefully. In arbitration, the case is decided by a neutral arbitrator instead of a judge or jury and proceeds on an individual basis, without class or representative proceedings. If you do not wish to accept this Arbitration Agreement, you must follow the instructions in subsection (k) to reject arbitration. This Arbitration Agreement is binding except as set forth in subsection (l).

a. Claims Subject to Arbitration: Except as specified in subsection (b) below, any claim between you and us must be arbitrated if any party elects arbitration.
This Arbitration Agreement is intended to be broadly interpreted. It includes, but is not limited to:

⦁ claims arising out of or relating to any aspect of the relationship between you and us, whether based in contract, tort, fraud, misrepresentation, or any other statutory, common law, or other legal theory;

⦁ claims that arose before this Cardholder Agreement, including, but not limited to, claims relating to advertising, marketing, or disclosures or the application process;

⦁ claims relating to the retention, protection, use, or transfer of information about you or any of your accounts for any of our products or services;

⦁ claims that are asserted as initial claims, counterclaims, cross-claims, or third-party claims;

⦁ claims relating to communications with you or us, regardless of sender, concerning any of our products or services, including emails and automatically dialed calls and text messages; and

⦁ claims relating to any agreement with us including the Cardholder Agreement and the Card Account, including those claims that may arise after those agreements terminate.

In this Arbitration Agreement only, references to “we” or “us” mean (1) The Bank of Missouri and toWealth, LLC; (2) their parents, subsidiaries, affiliates, assignees, and successors; (3) the employees, directors, officers, shareholders, members, and representatives of the companies referenced in items (1) and (2); and (4) any person or company that is named in a claim you pursue at the same time you pursue a related claim against any company or person referenced in items (1)-(3). In this Arbitration Agreement only, references to “you” mean the individual electronically signing or otherwise agreeing to the Cardholder Agreement, any authorized or unauthorized beneficiaries of the Cardholder Agreement or the Card Account, and your and their respective heirs, trustees, representatives, and agents. This Arbitration Agreement does not preclude any party from bringing issues to the attention of federal, state, or local agencies. The Cardholder Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of the Cardholder Agreement or the bankruptcy of any party. This Arbitration Agreement supersedes any other arbitration agreement that governs claims arising out of or relating to any aspect of the relationship between you and us.

b. Claims Not Subject to Arbitration: You and we agree that the following disputes or claims cannot be arbitrated:

⦁ claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction, in which case either party may elect arbitration;

⦁ disputes over the scope and enforceability of this Arbitration Agreement; and,

⦁ claims for public injunctive relief under California law. In any action in California state or federal courts including a claim for public injunctive relief under California law, whether such a claim is correctly one for public injunctive relief or private injunctive relief shall be determined by a court and any adjudication of a claim for public injunctive relief shall be determined by a court, but any claims seeking monetary relief shall be arbitrated. In such cases the parties agree and will request that the court stay the request for public injunctive relief until the arbitration award pertaining to the individual monetary relief has been determined by an arbitrator and entered in court. In no event will an action for public injunctive relief be arbitrated; this agreement will be deemed null and void in the event California law and/or federal law preempting California law changes to permit the waiver of a public injunctive relief claim in an arbitration provision.

c. Claim Notice; Meet and Confer: Informal efforts to resolve disputes can result in prompt and efficient resolutions. Before starting an arbitration or a lawsuit, the party seeking to commence a proceeding (the “Claimant”) must give the other party (the “Respondent”) written notice of the Claim (a “Claim Notice”). Claim Notice sent to us must be provided to us at toWealth Cardmember Services, 725 E. Covey Lane, Suite 130, Phoenix, AZ 85024, Attn: Legal Department. We may send a Claim Notice to you at any address we have for you in our records. The Claim Notice must explain in reasonable detail the nature of the Claim and include any supporting facts, the requested relief, the Claimant’s address and phone number, and the Claimant must sign it. A notice or letter stating that any amount you owe us is past due will serve as a Claim Notice.

The Claimant and Respondent must try to resolve the Claim on an individual basis and without filing an arbitration or a lawsuit for at least 30 days (the “Pre-Filing Period”). During the Pre-Filing Period, either party may request that the parties participate personally in a meeting (a “Meet-and-Confer”) which may occur in person, virtually, or by conference call to attempt in good faith to resolve the Claim. The Meet-and-Confer is limited to Claims between you and us. If you are represented by counsel, your counsel may also participate in the Meet-and-Confer. We may participate through any of our representatives.

The Claimant may not start an arbitration or lawsuit until the Claimant complies in full with this requirement. The Claim Notice shall not apply to claims that are asserted only as counterclaims. The statute of limitations for any Claim will be tolled for 60 days following service of a proper Claim Notice.

d. Commencing Arbitration: The arbitration will be administered by the American Arbitration Association (“AAA”). If the AAA is unavailable or unwilling to administer the arbitration, another arbitration provider shall be selected by the parties or by the court. Any party initiating an arbitration shall certify that the demand for arbitration complies with the requirements of Federal Rule of Civil Procedure 11(b) and that the party has complied with the requirements of subsection (c), above. A court will have authority to enforce this subsection (d), including the power to enjoin the filing or prosecution of an arbitration without the party first complying with subsection (c). The court also may enjoin the assessment or collection of arbitration fees incurred as a result of such arbitration. Further, unless prohibited by applicable law, the AAA shall not accept nor administer any arbitration unless the claimant has complied with subsection (c).

e. Arbitration Procedure: The arbitration will be governed by the AAA’s Consumer Arbitration Rules, as modified by this Arbitration Agreement, and the Mass Arbitration Supplementary Rules shall apply if AAA’s definition of Mass Arbitration is met. The AAA rules are available online at www.adr.org. Except as provided in subsection (h) below, the arbitrator can award the same individualized remedies (including punitive and statutory damages and statutory attorney’s fees and costs) that a court could award. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

f. Arbitration Fees and Decisions: Unless it would conflict with law or make this Arbitration Agreement invalid:

i. The AAA will decide each party’s share of arbitration fees and costs for arbitration based on the law and its rules.

ii. A party is entitled to recover its reasonable attorney fees and costs, arbitrator compensation, and AAA administrative fees if the other party brings or defends a Claim for purposes of harassment or that is frivolous.

iii. The parties agree that the provisions Federal Rule of Civil Procedure 68 shall apply to any Claim and be enforced by the arbitrator.

g. Minimum Recovery: If you comply with the requirements of this Arbitration Agreement and the arbitrator awards you an amount of money that exceeds the value of our last written settlement before the arbitrator issues the award, then we will pay you $500.00 in lieu of any smaller award. In determining whether you are entitled to the minimum $500.00 recovery, the arbitrator shall not consider amounts offered or awarded for attorneys’ fees or costs. Any disputes as to recovery of the $500.00 minimum recovery shall be resolved by the arbitrator and must be raised within 14 days of the arbitrator’s ruling on the merits. Before the arbitrator has determined the amount, if any, to which you are entitled, you may not disclose the amount of any settlement offer to the arbitrator.

h. Requirement of Individual Arbitration and Waiver of Class Action: The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.

i. Mass Filing: If a claim is part of a Mass Arbitration under the AAA’s Mass Arbitration Supplementary Rules, the parties agree that the additional procedures in this subsection shall apply. The parties further acknowledge that electing to be part of a Mass Arbitration may delay the adjudication of a claim. If claims qualify as a Mass Arbitration, counsel for the parties shall each select 10 claims from each side (20 claims total) to proceed in individual arbitrations as part of a staged process (“Stage One”). After Stage One is complete, the parties shall promptly engage in a global mediation. If the remaining claims are not resolved after the global mediation, counsel for each side shall select 50 claims (100 claims total) to proceed in individual arbitrations (“Stage Two”). After Stage Two is complete, the parties shall promptly engage in a second global mediation regarding the remaining claims. If the remaining claims are not resolved, the AAA shall administer the remaining claims in concurrent batches of 50 Claims, with each batch assigned to one arbitrator, who shall conduct individual arbitrations.

j. Appeals: Except for: (a) Federal Arbitration Act appeal rights; and (b) Claims involving more than $50,000.00 (including Claims for an order where compliance could cost more than $50,000.00), the arbitrator’s award will be final and binding. For Claims involving more than $50,000.00, either party may appeal the award to a three-person panel selected per this Clause. The panel will revisit from the start any part of the initial award either party has appealed. The panel’s decision will be final and binding except for any FAA appeal right. Any appropriate court may enter judgment upon the arbitrator’s (or panel’s) award.

k. Right to Reject Arbitration Agreement: If you do not wish to arbitrate, you must send a rejection notice to toWealth Cardmember Services, 725 E. Covey Lane, Suite 130, Phoenix, AZ 85024, Attn: Legal Department by certified mail (“Rejection Notice”). To be valid, a Rejection Notice must: (i) include your name and a statement that you are rejecting the arbitration agreement in this Cardholder Agreement; and (ii) be sent within sixty (60) days after the date you enter the Cardholder Agreement. If a Rejection Notice complies with these requirements, this arbitration agreement will not apply to you with respect to any claims that you or we commence after receiving your Rejection Notice. Rejecting this Arbitration Agreement will not affect your other rights or responsibilities under this Cardholder Agreement, nor will it affect any other arbitration agreements between you and us, such as arbitration agreements in other contracts.

i. Exclusions: THIS ARBITRATION AGREEMENT DOES NOT APPLY IF: (1) YOU ARE A COVERED BORROWER UNDER THE MILITARY LENDING ACT (THE “MLA”) AND YOUR TRANSACTION IS SUBJECT TO THE MLA; OR (2) YOUR COVERED TRANSACTION WITH US IS SECURED BY A DWELLING; OR (3) YOU SEND A REJECTION NOTICE.

m. Severability: If any part of this Arbitration Agreement is held invalid, generally the rest of this Arbitration Agreement will continue to apply. But, if a court rules that an arbitrator can decide a claim on a class or other representative basis and the ruling becomes final, only this subsection (m) will apply and the remainder of this Arbitration Agreement will be void.

42. ADDITIONAL DISCLOSURES.

ALL BORROWERS, INCLUDING CALIFORNIA/NEW YORK/RHODE ISLAND/UTAH/VERMONT RESIDENTS: You give us and our agents, successors, and assigns permission to access your credit report in connection with any transaction, or extension of credit, and on an ongoing basis, for the purpose of reviewing this Account, taking collection action on this Account, or for any other legitimate purposes associated with this Account. Upon your request, you will be informed of whether or not a consumer credit report was ordered, and if it was, you will be given the name and address of the consumer reporting agency that furnished the report. 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.

ALL BORROWERS, INCLUDING IOWA, MAINE, MISSOURI, NEBRASKA, OREGON, TEXAS, UTAH AND WASHINGTON RESIDENTS ONLY: ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR FORBEAR FROM ENFORCING REPAYMENT OF DEBT INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT ARE NOT ENFORCEABLE. TO PROTECT YOU AND US FROM ANY MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT.

CALIFORNIA: If you are married, you may apply for a separate account in your own name.

DELAWARE/MARYLAND/OREGON RESIDENTS: Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month. You may pay more than the minimum payment due, up to your entire outstanding balance, at any time.

ILLINOIS RESIDENTS: (a) No applicant may be denied a credit card on account of race, color, religion, national origin, ancestry, age, sex, marital status, physical or mental handicap unrelated to the ability to pay or unfavorable discharge from military service; (b) the applicant may request the reason for rejection of his or her application for a credit card; (c) no person need reapply for a credit card solely because of a change in marital status unless the change in marital status caused a deterioration in the person’s financial position; and (d) a person may hold a credit card in any name permitted by law that he or she regularly uses and is generally known by so long as no fraud is intended thereby.

MASSACHUSETTS RESIDENTS: Massachusetts law prohibits discrimination based upon, among other things, gender identity or sexual orientation.

NEW HAMPSHIRE RESIDENTS: You or your attorney may file a complaint with the New Hampshire Commissioner of Banking, State of New Hampshire Banking Department, 53 Regional Drive, Suite 200, Concord NH 03301. Instructions for filing complaints can be found on the Commissioner's website at https://www.banking.nh.gov/consumer-assistance/consumer-complaints.

NEW JERSEY RESIDENTS: The section headings of the Agreement are a table of contents and not contract terms. Portions of this Agreement with references to actions taken to the extent of applicable law apply to acts or practices that New Jersey law permits or requires. In this Agreement, acts or practices (i) by you or us which are or may be permitted by "applicable law" are permitted by New Jersey law, and (ii) that may or will be taken by you or us unless prohibited by "applicable law" are permitted by New Jersey law. Those provisions of this Agreement specifically applicable only to residents of another state do not apply to New Jersey residents, and any provisions referencing a right granted to the extent permitted by applicable law refer to New Jersey and federal law.

NEW YORK RESIDENTS: New York residents may contact the New York State Department of Financial Services to obtain a comparative listing of credit card rates, fees and grace periods by calling 1-800-342-3736, or on the web at www.dfs.ny.gov.

OHIO 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.

UTAH RESIDENTS: NO CLASS ACTIONS. YOU AGREE AND ACKNOWLEDGE THAT PURSUANT TO UTAH CODE ANN. § 70C-4-105 YOU ARE WAIVING YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION RELATED TO THIS AGREEMENT UNLESS YOU ARE A COVERED BORROWER UNDER THE MILITARY LENDING ACT.

WASHINGTON STATE RESIDENTS: In accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for payment of interest charges that result solely from a merchant's failure to transmit to us within seven working days a credit for goods or services accepted for return or forgiven if you have notified us of the merchant's delay in posting such credit, or our failure to post such credit to your account within three working days of our receipt of the credit.

MARRIED WISCONSIN RESIDENTS: If you are married: (i) you confirm that this Account is being incurred in the interest of your marriage or family; (ii) no provision of any marital property agreement, unilateral statement, or court decree under the Wisconsin Marital Property Act will adversely affect a creditor's interest unless, before the time credit is granted, the creditor is furnished a copy of that agreement or decree or is given complete information about the agreement or decree; (iii) you understand and agree that we will provide a copy of this Agreement to your spouse for his or her information. If the Account for which you are applying is granted, you will notify us if you have a spouse by sending your name and your spouse's name and address to us at 725 E. Covey Lane, Suite 130, Phoenix, AZ 85024.

SIGNATURES; BINDING PROMISES. You and we will be legally bound by the terms of this Cardholder Agreement if and when you electronically sign this Cardholder Agreement and we send you notice that your Application has been approved. You promise us that you have read and understand the entire Cardholder Agreement.

Borrower’s Signature: <FirstName> <LastName>

<DATE>

Date

Intending to be legally bound, Creditor caused this Agreement to be signed on its behalf.

Signature of Creditor’s Representative

<DATE>

Date

EXHIBIT A TO CARDHOLDER AGREEMENT—GLOSSARY OF DEFINITIONS

The following terms, defined in the Disclosures or Agreements, have the following meanings:

“ACH” means an Automated Clearinghouse or similar transaction.

“Application” means your application for credit in the form of the Card Account.

“Available Credit” means the amount of available credit you have under the Card Account at any time. Your Available Credit generally equals the applicable Credit Limit minus the amount of principal, interest, and fees you have outstanding at any time, provided that, for purposes of computing your Available Credit, we need not give you credit for any payments on the Card Account until we are satisfied that the payment has been successful and is not subject to reversal. If we establish different Credit Limits for different types of transactions or for the different credit plans of your Card Account, we may calculate the Available Credit separately for each applicable Credit Limit.

“Balance Subject to Interest Rate” for a billing cycle, equals the sum of the Closing Daily Balances divided by the number of days in the billing cycle.

"Bank Account" means the bank account you provided for disbursement of Cash Advances (or any substitute bank account your or your financial institution subsequently provide).

"Billing Statement" means a periodic statement we will send you if and as required by applicable law.

“Borrower” means the Borrower who signs the Agreements. Borrower is also referred to as “you,” “your,” and “yours.”

“Card Account” means the credit card account issued by The Bank of Missouri that you may use to make Purchases or to obtain Cash Advances to you from time to time, subject to the terms of the Cardholder Agreement.

“Card Account Payment” means the portion of your Minimum Payment Due that is based on your Card Account balance at the end of the last billing cycle in which you made a Purchase or obtained a Cash Advance.

“Cash Advance” means an advance from us to you under the Cardholder Agreement deposited into your bank account or paid to you by check or a load on your debit card.

“Catch-Up Payment” means an Electronic Payment we initiate by Debit Card, ACH, and/or Remotely Created Payment Order in an aggregate amount up to the amount outstanding under the Card Account, perhaps over a lengthy period of time.

“Closing Daily Balance” is the principal balance outstanding at the end of the immediately preceding day, plus any new transactions (including Purchases and Cash Advances, as applicable) or other debits, minus any payments or other credits applied to the principal, computed in accordance with Section 5(a) of the Cardholder Agreement.

“Collateral” means your right, title, and interest in the Savings Account, all funds in the Savings Account from time to time, and all additions to, earnings on, and proceeds of the foregoing.

“Communications” means, collectively, all Disclosures and Agreements and all further documents and disclosures (including Billing Statements, change in terms notices, adverse action notices, and servicing and collections communications) that directly or indirectly relate to the Application, any Agreement, or any Disclosure.

“Credit Limit” means the maximum amount of principal, interest, and fees you may have outstanding at any time on the Card Account.

“Debit Card” means a debit card issued under your bank account that you use to make your Payments on your Card Account.

“Disclosures” means, together, (1) the Pricing Schedule and (2) the Card Account Disclosures.

“Electronic Payments” means ACH payments from your bank account, payments through your debit card, or payments by a Remotely Created Payment Order.

“Grace Period” means the fifteen (15) day period after a Payment Due Date.

“Initial Cash Advance” means a Cash Advance that we may make to you when we establish the Card Account in your favor.

“Minimum Payment Due” means the scheduled amount of a required periodic payment under the Card Account calculated as set forth in Section 7(b) of the Agreement and that is comprised of the Savings Account Payment and the Card Account Payment.

“Notice Address” means toWealth Cardmember Services, 725 E. Covey Lane, Suite 130, Phoenix, AZ 85024 (or any subsequent address we provide to you).

“Payment Due Dates” means the days you are required to make periodic payments.

“Pricing Schedule” means the document entitled “Pricing Schedule” which lists the Annual Percentage Rate which applies to your Card Account and information about fees and other important information.

“Purchase” means using your Card (including through a mobile device or mobile wallet) to purchase or lease goods or services. "Purchases" generally include any credit adjustments related to a Purchase.

“Remotely Created Payment Order” means a remotely created payment order (“RCPO”), remotely created check (“RCC”), demand draft, bank check, bank draft, or similar payment device that we create, sign, and deposit on your bank account.

“Savings Account” means a savings account we establish for you, which is funded by the portion of payments you make that is allocated to Savings Account contributions and any additional Savings Account contributions you make to the Savings Account. The Savings Account secures amounts you owe us under the Card Account and, accordingly, funds in the Savings Account are subject to severe restrictions on withdrawal when you owe us money under the Card Account.

“Savings Account Payment” means the portion of your Minimum Payment Due that will be contributed to your interest earning Savings Account.

“Servicing Parties” means, collectively, us, toWealth, LLC, and any of our representatives, affiliates, service providers, agents, or assignees.

“toWealth Card” means the physical toWealth-branded credit card that we will issue to you and that you may use to make Purchases or obtain Cash Advances.