Merrick Bank Visa® or MasterCard® Cardholder Agreement

Merrick Bank Visa

or MasterCard

Cardholder Agreement

THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. PLEASE SEE THE

“AGREEMENT TO ARBITRATE DISPUTES AND CLASS ACTION WAIVER” SECTION BELOW FOR ADDITIONAL DETAILS.

G-16688

04/17

1. Welcome to Merrick Bank and to Your

Card Agreement. This document and the

Pricing Appendix that came with your Card

are your Agreement with us. Please keep this

Agreement (including the Pricing Appendix as

well as any future change-in-terms notices

you may receive) in a safe place with your

other important papers. The words used in

this Agreement are defined and explained in

the “Glossary and Definitions” section below.

You may make Purchases anywhere the Card

is honored, so long as you do not exceed your

available credit limit and are otherwise in

compliance with this Agreement. The Bank is

not responsible for the failure of any merchant

or any other party to accept or honor your

Card. Unless applicable law otherwise requires,

if you make a Purchase on your Account and

the merchant discloses a policy such as “no

returns,” “no refund,” “no return or credit

without receipt,” “as is,” “store credit only,”

“all sales final” or similar statements, you will

be bound by the merchant’s policy. You must

acquaint yourself with the merchant’s return

policies before you make your Purchase. For

repeat, recurring or automatic Purchases, we

may rely, to the maximum degree permitted

by law, upon any reasonable proof presented

to us by the merchant that you authorized

such purchases and authorized being billed

repeatedly for them. If you have authorized

repeat, recurring or automatic Purchases and

we replace your Card due to its being lost,

stolen or at risk for fraud, we may, at our

sole discretion, notify the recipients of your

recurring or automatic Purchases, but you

agree to notify the recipients of your recurring

or automatic Purchases of the change in your

account number.

You may obtain Cash Advances from many

locations where the MasterCard

or Visa

logo

is displayed (depending on whether your Card

is a MasterCard

or a Visa

card) or from an

ATM that displays such a logo, so long as you

do not exceed your available total credit limit

or any daily Purchase limits, or exceed your

available Cash Advance credit limit or any

daily Cash Advance limits, and are otherwise

in compliance with this Agreement. A Cash

Advance Transaction Fee will be charged to

your Account each time you obtain a

Cash Advance.

You must sign the back of the Card before

you use it for the first time. BY SIGNING THE

CARD OR USING IT TO MAKE A PURCHASE

OR TO OBTAIN A CASH ADVANCE, YOU AGREE

TO ALL OF THE TERMS AND CONDITIONS OF

THIS AGREEMENT, INCLUDING THE PROVISION

BELOW RELATING TO FUTURE CHANGES TO

THIS AGREEMENT OR THE PRICING APPENDIX.

We may change the terms of this Agreement

or the Pricing Appendix at any time. We may

change or remove any of the terms and

conditions of, or add new terms or conditions

to, this Agreement or the Pricing Appendix,

including without limitation by increasing

existing fees, margins and rates, and adding

new fees and charges, whether or not the

Account has been cancelled, suspended or

closed to new Account transactions, and, to the

extent allowed by applicable law, any changes

will apply to your entire Account Balance even

though Purchases, Cash Advances or other

transactions occurring prior to the date of the

change may be part of the Account Balance.

At any time, you may request that we mail you a

copy of this Agreement in its then-current form,

or you may review it on the Internet at

www.merrickbank.com/agreements. If you

are visually impaired, please call us at

(800) 204-5936 for assistance.

2. Your Promise to Pay. You promise to pay,

according to the terms of this Agreement, all

amounts owing under your Account and this

Agreement including, without limitation, the

total amount of all Purchases, Cash Advances,

interest charges and all other charges and

fees described in this Agreement. If you have

requested a Card for use by someone else, you

will be responsible for that person’s transactions,

including transactions for which you may not

have intended to be liable. We reserve the right

to hold such person responsible for his or her

Purchases, Cash Advances and associated

interest charges and fees, but our doing so does

not relieve you of your duty to pay. Although we

will send you Billing Statements, if you do not

receive a Billing Statement you still must pay

your Minimum Payment by the Payment Due

Date. If you do not receive a Billing Statement,

you must call us at (800) 204-5936 to find out

your Payment Due Date and Minimum Payment,

and to advise us of your correct mailing address.

We will only mail Billing Statements to one

mailing address. With your authorization, we

may also provide your Billing Statements via

email or other electronic means. You must notify

us immediately of any change to your mailing

or email address. We will only send Billing

Statements to you, and not to any third-party

(except if applicable law requires otherwise). No

matter where Billing Statements are sent or when

they are received, your obligation to make timely

Minimum Payments and to pay all other amounts

owed on the Account is not excused.

We may accept late or partial payments without

losing any of our rights under this Agreement. You

agree not to send us partial payments marked

“paid in full,” “without recourse,” or similar

language. If you send such a payment, we may

accept it without losing any of our rights under

this Agreement.

If you do not pay what you owe when it is

due, or if you otherwise violate this Agreement

(including in connection with the Deposit

Account or the Bank’s security interest therein),

then in addition to all charges, interest, fees and

other amounts described in this Agreement you

also must pay us, or our assignee, all collection

costs, legal expenses or other expenses

resulting from any and all efforts to collect what

is owed on the Account or as a result of use

of the Card, or otherwise to respond to your

violation of this Agreement. This includes all

attorneys’ fees and arbitration or court costs.

You agree to pay reasonable attorneys’ fees

even if the attorney is a salaried employee of the

Bank or its assignee.

3. How to Make Payments and How We

Apply Them. You must pay us in U.S. Dollars,

with a check, draft or money order drawn on a

United States bank or the United States Postal

Service, or through an automated clearing house

acceptable to us in our sole discretion.

Payments received with the payment coupon

and received from the postal or other delivery

service by 5:00 p.m. local time at the payment

address indicated on the most recent Billing

Statement will be posted to your Account as of

that date. If you send payments to any other

address or fail to include the payment coupon,

or if there are errors or delays at the postal

service or other transmission or delivery

services, the payment may be lost or there

may be a delay in posting the payment. Either

event could result in a Late Payment Fee and/

or additional interest charges. Neither the postal

service nor any other money transmitter or

delivery service is Merrick’s agent, and if you

use the postal service or any other third party

to deliver your payment, you assume the risk

that those services lose it or deliver it late.

Please call us at (800) 204-5936 or go to

www.merrickbank.com/payments if you do not

know where to send your payment.

Payments in excess of the Minimum Payment

shown on the most recent Billing Statement will

be applied first to the highest APR balance. In

general, amounts up to the Minimum Payment

will be applied in the manner most favorable to

us, which usually will be to lower APR balances

(including any zero APR balances) before higher

APR balances.

Merrick Bank processes electronic check

conversions. This means that if you send

us a check we may take information from it

(including without limitation the amount, your

bank routing number, checking account number

and check number) to initiate an electronic

funds transfer (EFT). An EFT likely will clear

more quickly than a check, and your checking

account even may be debited the same day we

receive your check. Please be sure you maintain

sufficient funds in your checking account when

you send us a check; if there are not sufficient

funds and your bank returns the item to us

unpaid, you must pay a Returned Payment Fee.

With electronic check conversion, you will not

receive your cancelled check back, but your

checking account statement should provide

sufficient information about the EFT. If we are

unable to process the EFT for any reason, we

may submit either your original check or a copy

of your original check to your bank for payment

and processing.

4. You Must Make Your Minimum Payments

On Time. You may pay the New Balance

in full every month, or you can pay it in

monthly installments. If you decide to pay it in

installments, then each Billing Cycle you must

pay at least the Minimum Payment shown on

the Billing Statement by the Payment Due Date.

The Minimum Payment will be calculated as

described in the Pricing Appendix. Even if you

pay more than the Minimum Payment in one

Billing Cycle, you still must pay the full Minimum

Payment in future Billing Cycles until the entire

Account Balance is paid. Credits applied for

reversals of Purchases (for example, merchant

credits for returned or defective goods) or for

reversals of fees or interest charges do not

count toward your Minimum Payment. For

example, if the Minimum Payment is $50, you

still must pay us the full $50 by the Payment

Due Date even if you return $50 worth of goods

to a merchant where you use the Card. If the

Minimum Payment is not received on time, you

agree to pay a Late Payment Fee.

If banking regulation requires that we classify

your Account uncollectible and charge it off due

to non-payment you will be in default and the

Bank reserves the right to (1) refuse to honor

any further Purchases or Cash Advances, (2)

reduce your credit limit, (3) require payment of a

portion of your outstanding balance greater than

the Minimum Payment, (4) declare the entire

balance of your Account immediately due and

payable, and/or (5) exercise such other and

further of its rights under this Agreement or

applicable law as the Bank in its sole discretion

deems appropriate.

5. How Interest Is Calculated. We use the

Average Daily Balance method (including new

transactions) to calculate interest on your

Account. The Average Daily Balances

for Purchases and Cash Advances are

calculated separately.

To calculate the Average Daily Balances, we

start with the beginning balance for each

day in the Billing Cycle. For Purchases, the

beginning balance includes billed but unpaid

interest on Purchases, Annual Fees (including

Additional Card Fees), Late Payment Fees,

Returned Payment Fees, Over Limit Fees,

Copying Charges, Currency Conversion Charges

related to Purchases, Phone Payment Fees,

Replacement Card Fees, the Account Set-Up Fee

and Fees for Other Services. For Cash Advances,

the beginning balance includes billed but

unpaid interest on Cash Advances, Cash Advance

Transaction Fees and Currency Conversion Charges

related to Cash Advances. We then add any new

charges and subtract any payments or credits.

This gives us the daily balance for each day, except

that if the daily balance is negative, we treat it as

zero. We then add up all of the daily balances for

each balance and divide by the number of days in

the Billing Cycle. This gives us the Average Daily

Balance for each balance. The interest charged for

each balance equals the Average Daily Balance for

that balance times the applicable DPR times the

number of days in the Billing Cycle. The results are

then added together to determine the total interest

charge for the Billing Cycle. To the extent interest

comprises any part of your Average Daily Balance,

compounding of interest will occur.

Charges are added as of the date of the

transaction. If a transaction occurs in one Billing

Cycle but is not posted to your Account until the

next Billing Cycle, the transaction is added or

subtracted on the first day of the Billing Cycle in

which the transaction is posted to your Account. If

the DPR for Purchases or Cash Advances changes

during a Billing Cycle, the new DPR will take

effect as of the first day of the Billing Cycle.

6. About Periodic Rates (APRs and DPRs).

If your Account has an Introductory APR for

Purchases or Cash Advances, the Introductory

APR and the corresponding Introductory

DPR will be shown in the “Interest Rates

and Interest Charges” section of the Pricing

Appendix. Introductory APRs are fixed rates

and are not based on movements in the Prime

Rate. Introductory APRs will be in effect until

the Introductory Period End Date shown in the

“Interest Rates and Interest Charges” section of

the Pricing Appendix.

If your Account does not have an Introductory

APR for Purchases or Cash Advances, or after

the Introductory Period End Date, your APRs and

DPRs will vary. The APR for Purchases and the

APR for Cash Advances will be determined by

adding the Purchase Margin and Cash Advance

Margin shown in the “Variable Rate Information”

section of the Pricing Appendix to the Prime

Rate. The DPR is 1/365th of the corresponding

APR. However, the APRs for Purchases and

Cash Advances will never be greater than the

lesser of the Purchase or Cash Advance APR Cap

shown in the “Variable Rate Information” section

of the Pricing Appendix or the maximum rate

permitted by applicable law. The “Interest Rates

and Interest Charges” section of the Pricing

Appendix includes the APRs and “Daily Periodic

Rates” section of the Pricing Appendix includes

DPRs for Purchases and Cash Advances as of

the date indicated in the Pricing Appendix. Any

changes in your APRs and DPRs resulting from a

change in the Prime Rate during a Billing Cycle

will take effect as of the first day of the Billing

Cycle. An increase in the Prime Rate may result

in an increase in the amount of interest charged,

the Minimum Payment or both.

7. How to Avoid Paying Interest on New

Purchases. You will not be charged interest

on new Purchases during a Billing Cycle if you

paid the entire New Balance, if any, shown on

the Billing Statement on or before the Payment

Due Date.

8. About Other Interest Charges and Fees.

You agree to pay the following additional interest

charges and fees (if applicable to your Account)

in the amounts set forth in the “Fees” section of

the Pricing Appendix.

a. Account Set-Up Fee. If applicable, an Account

Set-Up Fee will be charged to your Account

when the Account is opened.

b. Annual Fee. If the Pricing Appendix includes

an Annual Fee, your Account will be charged an

Annual Fee as described in the “About Annual

Fees” section of this Agreement.

c. Cash Advance Transaction Fee. A Cash

Advance Transaction Fee will be charged to your

Account each time you obtain a Cash Advance.

d. Copying Charge. Your Account will be charged

$2 for each page of any copy of a Billing

Statement, sales slip or payment copy that the

Bank produces at your request, except if the

copies are produced to resolve a reported billing

error under the Fair Credit Billing Act.

e. Currency Conversion Charge. For each

Purchase or Cash Advance made in a foreign

currency, we add an additional interest charge

of 2% of the amount of the Purchase or Cash

OR PERMIT A JOINDER OF PARTIES IN

CONNECTION WITH THIS AGREEMENT TO

ARBITRATE, EXCEPT FOR JOINDER OF ANY

JOINT APPLICANT OR OTHER AUTHORIZED

USER OF THE ACCOUNT, UNLESS BOTH YOU

AND WE CONSENT TO SUCH JOINDER IN

WRITING. BY ACCEPTING THIS ARBITRATION

AGREEMENT, YOU AGREE TO WAIVE THE

RIGHT TO INITIATE OR PARTICIPATE IN A

CLASS ACTION, REPRESENTATIVE ACTION,

PRIVATE ATTORNEY GENERAL LITIGATION OR

CONSOLIDATED ARBITRATION RELATED TO

THIS AGREEMENT OR YOUR ACCOUNT.

The arbitrator will be required to follow relevant

law and applicable judicial precedent to arrive

at a decision and shall be empowered to

grant whatever relief would be available in

court. Where authorized by applicable law, the

arbitrator’s award may include attorneys’ fees

and other expenses. You and we both agree that

the transactions subject to this agreement to

arbitrate involve interstate commerce and

that this agreement to arbitrate shall be

governed by and enforceable under the

Federal Arbitration Act.

The cost of any arbitration proceeding shall be

divided as follows:

• If you initiate arbitration, you will be

responsible for paying one half of the filing

fee, or $125, whichever is less, when the

demand for arbitration is made.

• If we initiate arbitration, we will

be responsible for paying all

arbitration costs.

• Regardless of who initiates the arbitration,

you will not be responsible for any

arbitration fees that exceed one half of the

filing fee, or $125, whichever is less, or the

fees that you would have incurred if the

Claim had been brought in court.

Notwithstanding the foregoing, if you believe the

cost of arbitration may be too burdensome, you

may seek a waiver of the filing fee under the

applicable Arbitration Rules. If you seek, but do

not qualify for such a waiver, we will consider a

written request from you to advance all or part

of the filing fee.

The arbitrator’s decision shall become final and

binding after 30 days unless any party to the

arbitration takes an appeal from the decision

by making a written request to the American

Arbitration Association. The appeal panel, which

will consist of three arbitrators, will consider

all factual and legal issues anew, will conduct

the appeal in the same manner as the initial

arbitration, and will make decisions based on

the vote of the majority. We will advance any

fees and costs required by the American

Arbitration Association to commence any

appeal. The appeal panel’s decision shall be

final and binding.

In the event of a conflict between the Arbitration

Rules and this Arbitration Agreement, this

Arbitration Agreement shall govern. This

Arbitration Agreement shall not apply to any

Claims as to which the limitations herein on

class actions or class-action or consolidated

arbitration are not permitted by applicable law. If

any other provision of this agreement to arbitrate

should be found invalid or unenforceable such a

determination shall not affect the enforceability

of the remaining provisions which shall remain

and continue in full force and effect.

You may contact the American Arbitration

Association to obtain information about

arbitration, arbitration procedures and fees by

calling the telephone number or going to the

Internet website indicated below:

American Arbitration Association

335 Madison Avenue (10th Floor)

New York, NY 10017-4626

800-778-7879

www.adr.org

RIGHT TO REJECT ARBITRATION

YOU HAVE THE RIGHT TO REJECT THIS

AGREEMENT TO ARBITRATE, BUT YOU MUST

EXERCISE THIS RIGHT PROMPTLY. If you do

not wish to be bound by this agreement to

arbitrate, you must notify us in writing within

sixty (60) days after the date your Account

is opened. You must send your request to:

Arbitration Manager, Merrick Bank, Legal

Department, P.O. Box 5000, Draper, Utah

84020-5000. The request must include

your 16-digit Account number and a clear

statement of your intent, such as “I reject the

arbitration clause in the Merrick Bank Visa

or MasterCard

Cardholder Agreement.” Your

election to reject arbitration will not affect

the other terms of your Account, nor will we

close the Account as a result of your election

to reject arbitration.

25. Third-Party Legal Process Against

the Account or the Deposit Account. We

will comply with any notice of garnishment,

attachment, tax levy, injunction, restraining

order, subpoena or other legal process relating

to the Account or the Deposit Account that,

in our sole judgment, appears to be valid. If

your Account or Deposit Account becomes

involved or subject to any legal or administrative

proceeding, and we are ordered or required

to take any action relative to your Account or

Deposit Account that is inconsistent with the

terms of this Agreement, the terms of such order

or requirement shall supersede and replace

the terms of this Agreement. You agree to pay

all of our costs and expenses associated with

responding to any matter described in this

paragraph, including our attorneys’ fees.

26. Utah and Federal Law Apply to the

Account. This Agreement and all matters

relating to the Card or the Account, as well

as any disputes between us and you, shall be

subject to and governed by federal law and

the internal laws of the State of Utah without

regard to rules concerning conflicts of law or

choice of law.

27. Jurisdiction, Venue and Service of

Process. You acknowledge that you applied for

credit from a bank located in Utah and by using

the card are borrowing money from a bank

located in Utah. You acknowledge and agree that

we may enforce this Agreement and resolve any

disputes, for which arbitration is not demanded

in accordance with the Arbitration Agreement,

in courts located in Salt Lake County, Utah,

and that such courts have proper jurisdiction

to hear any matters related to this Agreement.

You agree that we may serve process upon you

using certified mail from the United States Postal

Service or any other courier service, and you

hereby acknowledge that the signature of any

person found at your residence or other address

on such mailing receipt will serve as satisfactory

proof that process was served upon you and

shall be deemed notice to you thereof.

28. We May Assign the Agreement but You

May Not. You may not sell, assign, or otherwise

transfer this Agreement, the Card, the Deposit

Account or the Account, or any portion thereof,

without the express written consent of the

Bank. The Bank may sell, assign, or transfer

this Agreement or the Account or the Deposit

Account, or any portion thereof or any rights

to collect money thereunder, at any time and

without your prior consent.

29. We Do Not Waive Our Rights Through

Inaction or Delay. The Bank’s failure to exercise

(or delay in exercising) any of its rights under

this Agreement or its waiver of its rights on any

one or more occasions shall not constitute a

waiver of such rights on any other occasion. All

rights and remedies of the Bank are cumulative

and may be pursued singularly, successively or

together, at its sole option.

30. Severability. If any portion of this

Agreement, other than the class action waiver

provisions of the Arbitration Agreement, is

deemed invalid or unenforceable, the remaining

portions shall nevertheless remain in force. If the

class action waiver provisions of the Arbitration

Agreement are deemed invalid or unenforceable,

then the entire Arbitration Agreement shall

be null and void but all other portions of this

Agreement shall nevertheless remain in force.

31. The Agreement Is an Integrated

Agreement. This document, together with the

Pricing Appendix and any change-in-terms

notices we send to you, constitute the final

written expression of the Agreement between

you and the Bank concerning the Card, the

Account and the Deposit Account, and this

Agreement may not be contradicted by evidence

of any alleged oral agreement.

32. Glossary and Definitions. The following

definitions apply throughout your Agreement.

“Account” means the credit card account

governed by this Agreement. The Account was

created in and is maintained within the State

of Utah.

“Account Balance” means what you owe the

Bank at a particular moment in time, including

all billed and accrued interest, based upon

transactions that have posted by that time.

The balance information you receive over the

telephone from us may not be your payoff

balance due to possible delays in posting or

calculation, or due to fees or interest incurred or

to be incurred, or for other reasons.

“Annual Fee” means the annual fee, if any,

described in the Pricing Appendix.

“Additional Card Fee” means the additional fee,

described in the Pricing Appendix, that must be

paid annually for each additional Card provided

to you, a co-applicant or an authorized user of

the Account.

“Agreement” means this document and the

Pricing Appendix, together with any changes

in terms.

“Annual Percentage Rate” or “APR” is the

interest rate stated as a yearly rate. As set forth

in the Pricing Appendix, different APRs will apply

to Purchases and Cash Advances.

“Arbitration Agreement” means the section of

this Agreement entitled “Agreement to Arbitrate

Disputes and Class Action Waiver.”

“ATM” means automated teller machine.

“Average Daily Balance” means the average

of the daily balances on your Account during a

Billing Cycle.

“Bank,” “Merrick Bank,” “we,” “our,” and “us”

mean Merrick Bank Corporation.

“Billing Cycle” means the interval between

the closing dates for each successive

Billing Statement.

“Billing Statement” means the Billing Statement

you receive for your Account each month. We

are under no obligation to send you a Billing

Statement if your Account Balance is zero and if

you have no transactions on the Account during

the Billing Cycle.

“Card” means the plastic card(s) we have

provided to you to make charges to the Account,

as well as any additional, renewal, replacement

or temporary card and any other device or

technology which may be used to make charges

to the Account or to evidence its existence.

“Cash Advance” means a transaction with

the Card wherein you receive cash or a cash

equivalent, or wherein we provide cash or a

cash equivalent to someone at your direction.

Examples of Cash Advance transactions

include ATM transactions, balance transfers,

money transfers, money order purchases, tax

payments, traveler’s check purchases, foreign

currency purchases, casino chip purchases

and gaming transactions. Even if we choose to

treat a particular Cash Advance (or a portion

of it) as a Purchase, we may still treat other

Cash Advances (or portions of them) as Cash

Advances, and we do not waive our right to

do so.

“Cash Advance APR Cap” means the highest

APR for Cash Advances that may apply to

your Account.

“Cash Advance Margin” is the amount that is

added to the Prime Rate to determine the APR

for Cash Advances on your Account.

“Daily Periodic Rate” or “DPR” means the

applicable APR divided by 365.

“Deposit Account” means (if the Account is

wholly or partially secured) the Merrick Bank

deposit account opened as security for the

Account, as described in the “Deposit Account

and Security Agreement (If Applicable)” section

of this Agreement.

“EFT” means electronic funds transfer.

“Introductory Annual Percentage Rate” or

“Introductory APR” (also “Introductory Daily

Percentage Rate” or “Introductory DPR”) is

a lower interest rate that applies for a

limited amount of time after an account is

opened. Your Account may or may not have

Introductory rates.

“Late Payment Fee” means the fee you must

pay if your Minimum Payment is not received

on time. The amount of the Late Payment Fee

is set forth in the Pricing Appendix and is in

addition to any additional interest charges that

accrue as a result of your paying late.

“Minimum Payment” means what you must

pay each Billing Cycle before the Payment Due

Date. The Minimum Payment is calculated as

described in the Pricing Appendix.

“New Balance” means the total amount

you owe to the Bank as of the end of the

Billing Cycle described in the Billing

Statement. If transactions are posted after

the end of the Billing Cycle, the New Balance

will not equal the Account Balance under

most circumstances.

“Payment Due Date” means the date when

your Minimum Payment must be received

by 5 p.m. local time at the payment address

indicated on the most recent Billing Statement.

If the Minimum Payment is not timely received,

you must pay a Late Payment Fee. The

Payment Due Date will be shown on the Billing

Statement and always will be at least 25 days

after the last day of the prior Billing Cycle.

“Pricing Appendix” refers to the document

attached to your Card when you first received

it, setting forth applicable APRs, fees and

certain other important terms of

this Agreement.

“PIN” refers to the personal identification

number associated with your Card for use in

ATM and other electronic transactions.

“Prime Rate” means the prime rate of interest

published on the last business day of each

month in the “Bonds, Rates & Yields” or the

“Money Rates” section of The Wall Street

Journal (or a comparable section or rate if The

Wall Street Journal ceases publication of those

sections or that rate).

“Purchase” means any transaction with the

Card between you and anyone else who

accepts the Card as a means of payment.

However, Cash Advances are not Purchases.

“Purchase APR Cap” is the highest APR for

Purchases that may apply to your Account.

“Purchase Margin” is the amount that is added

to the Prime Rate to determine the APR for

Purchases on your Account.

“You” and “your” means the Card applicant or

if applying jointly, both Card applicants, and the

person or persons to whom the Card is issued.

Equal Opportunity Lender Member FDIC

G-16688 4/2017

Advance after its conversion into U.S. Dollars,

as described in the “About Foreign Currency

Transactions” section of this Agreement.

f. Late Payment Fee. Your Account will be

charged a Late Payment Fee if you have not paid

the Minimum Payment on a Billing Statement by

the Payment Due Date.

g. Minimum Interest Charge. In any Billing Cycle

in which your Account has a balance, you were

not charged a Cash Advance Transaction Fee

and the total interest charged for the Billing

Cycle would otherwise be less than $1, a

Minimum Interest Charge will be charged to

your Account.

h. Phone Payment Fee. If you wish expedited

service for transmittal of a payment, you may

request to make a phone payment using a

customer service representative for which you will

be charged a fee. The amount of the fee will be

disclosed prior to fulfilling your request.

i. Replacement Card Fee. Your Account may be

charged a fee for each replacement Card or PIN

you request, no matter what the reason, or if

your Card or PIN is lost or stolen.

j. Returned Payment Fee. A Returned Payment

Fee will be charged to your Account if for any

reason a check, draft or similar instrument is not

honored or cannot be processed, or if an EFT or

electronic debit is returned unpaid or cannot be

processed, even if the item is later honored or

paid following resubmission. You authorize us to

resubmit returned payments (including without

limitation through electronic collection methods)

at our discretion.

k. Fees for Other Services. We may charge other

fees to your Account for services associated with

your Account that you request. You may decline

the services before the fees are charged.

l. Over Limit Fee. If the law permits, we will

charge an Over Limit Fee as set forth in the

Pricing Appendix. We are not obligated to

approve any over the limit transaction. If any

amount set forth in the Pricing Appendix exceeds

the maximum permitted by applicable law, we

will follow the law as to such fee or charge.

9. About Annual Fees. If your Card is subject to

an Annual Fee, but you have not yet used your

Card to make a Purchase or to obtain a Cash

Advance, you may cancel your Account within

90 days of receiving the Card by calling (800)

204-5936 or by writing to us at Merrick Bank,

P.O. Box 9201, Old Bethpage, NY 11804-9001.

If we receive your request to cancel within 90

days of your receipt of the Card, you will not

be responsible for the Annual Fee if you have

not previously used the Card or the Account.

Otherwise, you must pay the Annual Fee.

If you obtain an additional Card, the amount

of the Annual Fee will be increased by the

Additional Card Fee described in the Pricing

Appendix. Both the Annual Fee and the Additional

Card Fee must be paid for each year (or part

thereof) when the Account is open, whether or

not the Card is used during the year and whether

or not there is a balance on the Card. Payment

of the Annual Fee does not assure you of good

standing on the Account, does not affect our right

to change the terms of this Agreement and does

not affect our right to decline authorization of

any Purchase or Cash Advance. If the Account is

closed but with an unpaid balance, the Annual Fee

and Additional Card Fee must be paid for each

year (or part thereof) when there is a balance

greater than zero on the Account.

After the first year you have the Card, we

may in our discretion choose to bill the Annual

Fee and the Additional Card Fee in

12 monthly installments.

10. About the Credit Limits on the Account.

The Bank has established a total credit limit

and a Cash Advance credit limit on the Account,

and any transaction that might exceed one

of these credit limits may be declined at our

sole discretion. We may also opt, in our sole

discretion, to approve or decline any portion

of a requested transaction. These credit limits

may be reduced at any time without warning

or notice to you, at any time, during any Billing

Cycle. We similarly may suspend charging

privileges at any time and for any reason (or no

reason) without warning or notice to you. This

may, for example, occur if you fail to comply with

any provision of the Agreement, if we in our sole

discretion believe our likelihood of being repaid is

diminished or impaired, or if overall credit market

conditions make it infeasible or more costly to

extend credit to you.

In determining your continuing creditworthiness,

the Bank, in its discretion, may consider, among

other things, the total amount of debt you are

carrying compared to your resources or any other

of your credit characteristics, regardless of your

performance on the Account.

Subject to our review and approval, you may,

if your Account is secured or partially secured,

increase your credit limit by making additional

deposits into the Deposit Account. Any such

additional deposits must be at least $50, and

without our express written approval the balance

in the Deposit Account may not exceed an amount

that together with any unsecured credit available

to you through your account would cause your

total credit limit to exceed the amount of $10,000.

Certain transactions or combinations of

transactions may cause your Account Balance or

your Cash Advance balance to reach or exceed

credit limits, and as a result authorization for

certain Purchases or Cash Advances may be

declined. For example, even if we have posted

a payment or credit to the Account, we still may

in our sole discretion decline to permit use of a

portion of the credit limit equal to the amount of

the payment or credit for up to eleven days from

the date posted. Additionally, certain merchants

(such as hotels or rental car agencies) as a

matter of policy will process charges in a manner

resulting in a temporary restriction of the use of

a portion of the credit limit that is substantially

greater than the actual amount of the charge;

please inquire of the merchant before using the

Card to determine whether the merchant follows

such a policy.

11. About Foreign Currency Transactions.

Purchases and Cash Advances made in

currencies other than U.S. Dollars will be

converted to U.S. Dollars under the operating

regulations or foreign currency conversion

procedures established by Visa

or MasterCard

then in effect. Conversion to U.S. Dollars may

occur several days or weeks after the transaction;

therefore, the currency conversion rate may be

significantly different from the rate in effect at the

time of the transaction. We do not determine the

currency conversion rate that is used, and it may

be significantly less favorable to you than a rate

you could obtain in a cash transaction. You agree

to pay the converted amount. For each Purchase

or Cash Advance made in a foreign currency, we

add an additional interest charge of 2% of the

amount of the Purchase or Cash Advance after its

conversion into U.S. Dollars.

12. What Purchases and Cash Advances

Are Not Allowed. We may, in our sole discretion,

deny authorization for any requested Purchase or

Cash Advance. You may not use the Account or

the Card for business or commercial purposes;

the Account and the Card may be used for

consumer purposes only.

You may not use the Account or the Card to

make payments on the Account or anyone else’s

account with us.

You may not use the Account or the Card for

anything we deem unlawful gambling activity.

You may not use the Account or the Card to

purchase illegal items, to commit fraud, to

harm anyone or to engage in any other activity

prohibited by law.

You may not use the Account or the Card to make

Purchases that exceed your available credit limit.

You may not use the Account or the Card to obtain

Cash Advances that exceed your available credit

limit or available Cash Advance limit.

You may not use the Card, make any Purchases

or request any Cash Advances when you or

any other person obligated on the Account is

insolvent or after a bankruptcy petition has

been filed. If you use or if you let someone else

use the Account or the Card for a prohibited,

improper or unlawful purpose, or at a time when

use of the Account or the Card is not permitted,

you still will be responsible for all charges

relating to such use, to the maximum degree

permissible by law. You also will be responsible

for all additional amounts or expenses the

Bank, Visa

or MasterCard

might pay as a

result of such use, such as if the Bank, Visa

MasterCard

is sued in regard to your use of the

Account or the Card. It is your responsibility to

determine if your transactions or those that you

let someone else make are lawful; neither the

Bank nor Visa

nor MasterCard

is responsible

for determining the legality of any transaction.

13. Closing the Account. We may close the

Account at any time for any reason (or no

reason) and without prior notice. You may close

the Account at any time. Authorized users

of the Account other than you may not close

the Account. All amounts due on the Account

pursuant to this Agreement must be paid even

if the Account is closed (no matter by whom)

or if charging privileges are reduced, restricted

or suspended.

14. About Excess Payments and Credits. If

payments and credits posted to the Account

exceed what you owe, you will have a credit

balance with us, which may be offset against

future Purchases or Cash Advances that occur. If

a credit balance persists, we will mail a check to

you for the amount of the credit balance within

the time frame required by applicable law. If

we are unable to locate you, any credit balance

in your account will be escheated pursuant to

applicable law.

15. About Credit Reporting. You authorize us

to request consumer reports (also known as

credit reports) including periodic updates about

you, to make whatever credit investigations we

deem appropriate, to obtain and exchange any

information we may receive from consumer

reports and other sources and to use such

information for any purpose (including to

reduce credit limits, to restrict or suspend

charging privileges or to close the Account).

You also authorize us to furnish information

concerning your Account and your performance

under this Agreement to consumer reporting

agencies (credit bureaus) or to others, but you

acknowledge that we are under no duty to do

so. If you believe information we have furnished

about your Account to a consumer reporting

agency is inaccurate, you should notify the

appropriate credit reporting agency to request

that it investigate the possible inaccuracy. You

may also write to us at Merrick Bank, P.O. Box

9201, Old Bethpage, NY 11804-9001, and

identify the specific information you believe is

inaccurate. IF YOU FAIL TO MAKE PAYMENTS ON

TIME AS SET FORTH IN THIS AGREEMENT OR IF

YOU OTHERWISE FAIL TO FULFILL THE TERMS

OF THIS AGREEMENT, THEN NEGATIVE OR

DEROGATORY INFORMATION MAY BE PLACED

ON YOUR CREDIT FILE.

16. The Deposit Account and Security

Agreement (If Applicable). If the Account was

approved on condition of its being secured or

partially secured, the following rules apply:

(i) you agree to create a Deposit Account,

which you shall maintain with us and cause to

remain unencumbered, except for the security

interest granted to the Bank pursuant to this

Agreement (for example, you shall not allow

the Deposit Account to become subject to any

nonconsensual lien, judgment, attachment

or execution); and (ii) we do not allow any

withdrawal from the Deposit Account until the

Account is closed and any outstanding balance

is paid in full.

YOU HEREBY GRANT TO THE BANK A SECURITY

INTEREST IN THE DEPOSIT ACCOUNT TO SECURE

PERFORMANCE BY YOU OF ALL OF YOUR

OBLIGATIONS WITH RESPECT TO THE ACCOUNT AND

OTHERWISE UNDER THIS AGREEMENT, INCLUDING,

WITHOUT LIMITATION, THE OBLIGATION TO MAKE

PAYMENTS TO THE BANK AS DESCRIBED HEREIN.

If the Account is closed by you or us for any

reason, you authorize us to apply all or any part

of the funds in the Deposit Account to reduce

all amounts owed on the Account and any other

outstanding obligation owed to the Bank,

including, without limitation, any part of your

outstanding Account balance in connection

with which any claim under a credit insurance

policy or debt cancellation program is pending.

The application of your deposit will be a credit

adjustment to your Account balance, and is

not a payment. If we elect not to, or otherwise

fail to apply funds in the Deposit Account

against amounts owed on the Account or

any other outstanding obligation owed to the

Bank, you agree that: (1) we do not thereby

waive any right we have to do so at any later

date, and may so apply such funds at any

time, in our sole discretion; and (2) you are not

thereby excused from the performance of any

obligation owing with respect to the Account or

otherwise under this Agreement. If, however, (A)

the Account is closed by you or by us for any

reason, and (B) we fail to apply the funds in the

Deposit Account against amounts owed on the

Account or otherwise to us, you may request, in

writing, that we apply the funds in the Deposit

Account against such amounts. We will honor

any such written request within five business

days after we receive it at Merrick Bank, P.O.

Box 9201, Old Bethpage, NY 11804-9001. If

the amount in the Deposit Account exceeds the

amount you owe the Bank, then, unless you

instruct us otherwise, we will handle the funds

remaining in the Deposit Account in accordance

with the terms of the following paragraph.

After the Account has been closed and there

are no amounts owing in connection therewith

or otherwise under this Agreement, we can

hold the funds in the Deposit Account until

the earlier of the following: (1) we elect, in our

discretion, to close the Deposit Account and

return any remaining funds to you; or (2) not

more than 90 days after we receive from you a

written request to return any funds remaining

in the Deposit Account.

17. Additional Deposit Account and Security

Agreement Disclosures. If you have a Deposit

Account, the following shall apply:

a. Interest Rate. Interest will not be paid on

your Deposit Account.

b. Minimum Balance to Open and Maintain

the Deposit Account. You must initially deposit,

and at all times maintain, a deposit amount

that is defined on the application unless we

specifically agree otherwise with you. If you

do not, we either will not open the Account or

we may terminate the Account. We reserve the

right to refuse to accept any deposit into the

Deposit Account.

c. Subsequent Deposits. Subsequent deposits

into your Deposit Account must be at least $50.

d. Transaction Limitations. You may not

withdraw or transfer funds from the Deposit

Account, except as otherwise set forth in this

Agreement. Funds may not be used to make a

payment. Funds from a closed Deposit Account

will be returned in accordance with the section

above titled “The Deposit Account and

Security Agreement.”

e. Fees. A Returned Payment Fee, as shown

in the “Fees” section of the Pricing Appendix,

will be charged for each check or other item

submitted as a deposit to the Deposit Account

that is returned or rejected for any reason,

including insufficient funds.

f. Statements. Information about the Deposit

Account will appear on each Billing Statement

that we send you.

18. We Are Not Responsible for Third-Party

Features, Services or Benefits. If your Card

includes a rewards program, you acknowledge

and agree that third-parties may be

responsible to fulfill any merchandise, rewards

or other redemptions, and that any such

rewards program will be governed by separate

terms and conditions provided to you prior

to participation in the program. From time to

time your Card may include various additional

features, services and enhancements,

including common carrier travel insurance,

credit card registration for lost or stolen credit

cards, and emergency cash service. The Bank

is not liable for these features, services, and

enhancements, and such features, services,

and enhancements are the sole responsibility

of the third-party provider. You agree to hold

the Bank harmless from any claims, actions

or damages resulting from your use of any

of these features, services or enhancements,

when permitted by applicable law. The Bank

reserves the right to adjust, add or delete

benefits and services at any time and without

compensating you in any fashion.

19. You Must Read Your Billing Statement

Carefully as Soon as You Receive It. You

must read your Billing Statement as soon

as you receive it. You must review all of it

carefully, including information regarding your

Deposit Account, if any. If there is an error on

your Billing Statement and you do not advise

the Bank of that error within 60 days after the

Bank mails the Billing Statement to you, you

will be bound by what the Billing Statement

shows. You should also read carefully the

billing dispute information provided in the

section below titled “Your Billing Rights Under

the Fair Credit Billing Act.”

20. Protecting the Account From Fraud.

Help to prevent fraud before it occurs. Call

us immediately at (877) 727-6881 if you

lose the Card, if it is stolen or if you suspect

any fraudulent use. Reading your Billing

Statement as soon as you receive it and

reviewing transactions at

www.merrickbank.com/cardholdercenter are

ways to help prevent fraud. You will not be

responsible for any unauthorized Purchases

with the Card occurring after we receive

word of its loss or theft. Even if the Purchases

occur before we receive word of its loss or

theft, you will not be responsible for them so

long as: (1) you promptly gave us notice of

the loss or theft and (2) the transactions were

processed by Visa

or MasterCard

. In all other

circumstances you will be responsible for all

resulting Purchases and Cash Advances, and

we reserve the right to collect from you all

amounts due or otherwise resulting from such

Purchases and Cash Advances. We take Card

theft and fraud very seriously, and you agree

to cooperate with our investigation and further

agree to assign to us any claims you may have

against any third party related to theft, fraud or

unauthorized use.

21. Your Billing Rights Under the Fair Credit

Billing Act.

YOUR BILLING RIGHTS. KEEP THIS NOTICE

FOR FUTURE USE.

This notice contains important information

about your rights and our responsibilities under

the Fair Credit Billing Act.

Notify Us in Case of Errors or Questions

About Your Bill

If you think your bill is wrong, or if you need

more information about a transaction on your

bill, write to us on a separate sheet of paper at

Merrick Bank, P.O. Box 9201, Old Bethpage, NY

11804-9001. Write to us as soon as possible.

We must hear from you no later than 60 days

after we sent you the first bill on which the

error or problem appeared. You can telephone

us, but doing so will not preserve your rights.

In your letter, give us the following information:

• Your name and account number.

• The dollar amount of the suspected error.

• Describe the error and explain if you can,

why you believe there is an error. If you

need more information, describe the item

you are not sure about.

If you have authorized us to pay your credit

card bill automatically from your savings or

checking account, you can stop the payment

on any amount you think is wrong. To stop

the payment, your letter must reach us three

business days before the automatic payment is

scheduled to occur.

Your Rights and Our Responsibilities After

We Receive Your Written Notice

We must acknowledge your letter within 30

days, unless we have corrected the error by

then. Within 90 days we must either correct

the error or explain why we believe the bill was

correct. After we receive your letter, we cannot

try to collect any amount you questioned, or

report you as delinquent. We can continue to

bill you for the amount you question, including

interest charges, and we can apply any unpaid

amount against your credit limit. You do not have

to pay any questioned amount while we are

investigating, but you are still obligated to pay

the parts of your bill that are not in question.

If we find that we made a mistake on your bill,

you will not have to pay any interest charges

related to any questioned amount. If we didn’t

make a mistake, you may have to pay interest

charges, and you will have to make up any

missed payments on the questioned amount. In

either case, we will send you a statement of the

amount you owe and the date that it is due.

If you fail to pay the amount that we think you

owe, we may report you as delinquent. However,

if our explanation does not satisfy you and you

write to us within ten days telling us that you

still refuse to pay, we must tell anyone we report

you to that you have a question about your bill.

And, we must tell you the name of anyone we

reported you to. We must tell anyone we report

you to that the matter has been settled between

us when it finally is.

If we don’t follow these rules, we can’t collect

the first $50 of the questioned amount, even if

your bill was correct.

Special Rules for Credit Card Purchases

If you have a problem with the quality of

property or services that you purchased with a

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 property or services. There are two

limitations on this right:

a) You must have made the purchases in

your home state or, if not within your home

state, within 100 miles of your current mailing

address; and

b) The purchase price must have been

more than $50. These limitations do not apply

if we own or operate the merchant, or if we

mailed you the advertisement for the property

or services.

22. How We May Contact You to Discuss the

Account. Your use of the Card or the Account,

or your signature on the Card or any charge slip

for any Purchase or Cash Advance transaction,

hereby amounts to your express consent for us

or our assignee to contact you for any purpose

(including without limitation for the purpose

of collection or servicing the Account) in any

manner at any telephone number (landline

or wireless) or physical or electronic mail

address you ever provide or have provided to

us. You agree that we may refuse to authorize

Purchases or Cash Advances or close your

Account if we are unable or unauthorized to

contact you by telephone. For example, we

or our assignee may, to the maximum degree

permitted by applicable law:

(1) contact you by mail, telephone (landline or

wireless), email, fax, recorded message, text

message, short message service (SMS) and

personal visit;

(2) contact you using an automated dialing

and announcing or similar device, and to use

artificial or prerecorded voice messages;

(3) modify or suppress caller ID and similar

services and identify ourselves on these services

in any manner we choose;

(4) leave prerecorded and other messages on

your answering machine, answering service,

voicemail and with family members or other

persons taking messages for you;

(5) contact you at your home and at your place

of employment;

(6) contact you at any time, including weekends

and holidays;

(7) contact you with any frequency; and

(8) identify ourselves, your relationship with

us and our purpose for contacting you even if

others might hear or read it.

We may do these things whether we contact you

or you contact us.

You agree that we are not required to reimburse

you for any costs or other expenses resulting

from our communicating with you by any

method described in this Agreement. If you do

not wish for us to use some particular manner

of contacting you, you must notify us of this in

writing. However, we are required by law to send

you Billing Statements even if you request that

we stop doing so.

If you advise us that you are represented by an

attorney, you must provide the attorney’s name,

address and telephone number; if you do not

provide the attorney’s contact information, we

may contact you to confirm the representation

and obtain the attorney’s contact information.

If the attorney does not confirm in writing to us

within 45 days after we contact the attorney

that you are his or her client, then we will

assume that you are no longer represented by

the attorney and we may communicate with

you directly. Additionally, if any 45-day period

passes where your attorney does not respond to

communications from us, we will assume that

you are no longer represented by the attorney

and we may communicate with you directly.

You recognize that there is an established

business relationship between you and us.

Contacts with you about your Account are not

unsolicited and might result from information

we obtain from you or others. If you ask us to

discuss your Account with someone else,

you must provide us with documents that we

ask for and that are acceptable to us in our

sole discretion.

You agree that we may, in our sole discretion,

monitor or record telephone calls with you,

regardless of who initiates the call. We may at

our discretion preserve records of written, voice

and electronic communications with you, but we

do not promise to maintain such records for any

period of time.

You agree that we may, in our sole discretion,

engage the services of an unrelated third party

for the purpose of providing alternative format

materials for persons who are visually impaired or

providing language translation services.

23. Where We Are and How You May Contact

Us. We are located in Utah, and the Account is

opened and maintained there. Our customer

service telephone number is (800) 204-5936.

Payments should be sent to the payment

address indicated on the Billing Statement.

Any general questions about your Account or

the Card, as well as any questions or disputes

of any item on a Billing Statement, should be

mailed to: Merrick Bank, P.O. Box 9201, Old

Bethpage, NY 11804-9001. All communications

relating to the Arbitration Agreement should be

mailed to: Arbitration Manager, Merrick Bank,

Legal Department, P.O. Box 5000, Draper, Utah

84020-5000. Communicating with us at any

other address will not protect your rights.

24. Agreement to Arbitrate Disputes and

Class Action Waiver. This section is an

agreement to arbitrate disputes (“Arbitration

Agreement”) that may arise as a result of the

Agreement or your Account. Read this Arbitration

Agreement carefully. You may reject this

Arbitration Agreement by notifying us in writing

within 60 days using the procedure set forth

at the end of this section. If you are a covered

borrower under the Military Lending Act, you

are not required to submit to arbitration, even

if you fail to reject this Arbitration Agreement

as described above. If a dispute arises that

is covered by this Arbitration Agreement, you

will be required to resolve the dispute through

Binding Arbitration if you or we request Binding

Arbitration as set forth herein. This means

that you will not be able to have the dispute

settled by trial or before a jury or to participate

in a class action in court or a class action or

consolidated arbitration. Other rights that you

would have if you went to court may not be

available or may be more limited in arbitration,

including your right to appeal.

In consideration for our willingness to provide

you with an Account as set forth in the

Agreement, you and we agree as follows:

Any claim, dispute or controversy (“Claim”)

by either you or us against the other arising

from or relating in any way to the Agreement

or your Account, except for the validity, scope

or enforceability of this Arbitration Agreement,

shall, at the demand of any party, be resolved

by Binding Arbitration. However, we will not

demand arbitration pursuant to this agreement

to arbitrate in connection with any individual

Claim that you properly file and pursue in a

small-claims court of your state or municipality,

so long as the Claim is pending only in that

court. “Binding Arbitration” means an arbitration

proceeding before the American Arbitration

Association pursuant to the code of procedures

of the American Arbitration Association in effect

at the time the Claim is filed (the “Arbitration

Rules”). Any arbitration proceeding will take

place at a location within the federal judicial

district that includes the most recent U.S. Mail

address we have on file for you at the time the

Claim is filed or at any other mutually acceptable

location. Any party to the arbitration proceeding

may enter judgment upon the arbitration

award in any court having jurisdiction over the

arbitration award and may have that judgment

enforced by any court having jurisdiction over

that judgment.

A demand for arbitration under this agreement

to arbitrate may be made either before or after

a lawsuit or other legal proceeding begins.

However, any demand for arbitration that is

made after a lawsuit or other legal proceeding

has begun must be made within 90 days

following the service of a complaint, third-party

complaint, cross-claim or counterclaim or any

answer thereto or any amendment to any of

the above.

This agreement to arbitrate Claims includes all

controversies and claims of any kind between

us. It also includes any disputes you have with

our agents, contractors, employees, officers

or assignees, any merchants with whom you

use the Account, any credit reporting agencies

to whom we report the Account or any other

third party that has been involved or becomes

involved with, or whose trademarks are used

in connection with, any purchasing, marketing,

soliciting, servicing or credit reporting activity

relating to your Account.

The Claims covered by this agreement to

arbitrate include, without limitation:

• Any disputes regarding: the application you

prepared in connection with the issuance of

your Account; any solicitation or advertising

materials you received in connection

with your Account; any activities relating

to the maintenance or servicing of your

Account; and any funds held by the Bank in

connection with your Account;

• Any disputes arising from the collection

of amounts you owe in connection with

your Account;

• Any disputes concerning the dollar amount

of payments made or transactions posted to

your Account;

• Any disputes concerning the processing of

items or funds transfers sent to the Bank for

the purpose of posting to your Account;

• Any disputes regarding information

obtained by us from, or reported by us to,

credit bureaus or others; and

• Any disputes related to insurance or other

services or products purchased from us in

connection with your Account.

NO ARBITRATOR OR COURT MAY ORDER,

PERMIT OR CERTIFY A CLASS ACTION,

REPRESENTATIVE ACTION, PRIVATE

ATTORNEY GENERAL LITIGATION OR

CONSOLIDATED ARBITRATION IN CONNECTION

WITH THIS AGREEMENT TO ARBITRATE.

NO ARBITRATOR OR COURT MAY ORDER

ACCOUNT OPENING DISCLOSURES—MERRICK UNSECURED

Interest Rates and Interest Charges

Annual Percentage Rate (APR) for

Purchases

20.45% to 29.95%

when you open your account, based on

creditworthiness. Your APR will vary with the market based on the Prime

Rate.*

APR for Cash Advances

25.45% to 34.95% when you open your account, based on creditworthiness.

Your APR will vary with the market based on the Prime Rate.*

Paying Interest

Your Payment Due Date is at least 25 days after the close of each Billing

Cycle. We will not charge you interest on Purchases if you pay your

entire New Balance by the Payment Due Date. We will begin charging

interest on Cash Advances on the transaction date.

Minimum Interest Charge

If you are charged interest, the charge will be no less than $1.00

For Credit Card Tips from the Consumer

Financial Protection Bureau

To learn more about factors to consider when applying for or using a credit

card, visit the website of the Consumer Financial Protection Bureau at

http://www.consumerfinance.gov/learnmore.

Fees

Set Up and Maintenance Fees

· Annual Fee

· Account Set-up Fee

· Additional Card Fee

NOTICE: Some of these set-up and maintenance fees will be assessed

before you begin using your card and will reduce the amount of credit you

initially have available. Based on an initial credit limit of $500, the initial

available credit will be about $377 (based on a one-time $75 set-up fee and a

$48 annual fee) or about $365 if you also choose to have an additional card.

You may still reject this plan, provided that you have not yet used the

account or paid a fee after receiving a billing statement. If you do reject the

plan, you are not responsible for any fees or charges.

$0 to $96 the first year. Billed $0 to $8 per month thereafter.

$0 to $75 (one-time fee)

$0 to $12 per additional card issued, per year. Billed $0 to $1 per month, per

card thereafter.

Transaction Fees

· Cash Advance

·Foreign Transaction

Either $10 or 4% of the amount advanced, whichever is greater.

2% of each transaction in U.S. Dollars.

Penalty Fees

· Late Payment

· Over Limit

· Returned Payment

Up to $38

How We Will Calculate Your Balance: We use a method called "average daily balances (including new purchases)."

See your Cardholder Agreement for more details.

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your

Cardholder Agreement.

Annual Percentage Rates: Daily Periodic Rate for Purchases .05602% to .08205%; Daily Periodic Rate for Cash Advances .06972% to

.09575%.

Variable Rate Information: Purchase Margin 16.20 to 25.70 percentage points; Cash Advance Margin 21.20 to 30.70 percentage

points. Your APR for Purchases and Cash Advances may vary. Your APR is determined monthly by adding the appropriate margin to the

Prime Rate*. If the Prime Rate* increases, your APR will increase accordingly, with no cap. An increase in your APR will result in an

increase of your minimum payment amount.

*"Prime Rate" means the prime rate of interest published on the last business day of each month in The Wall Street Journal

(or comparable rate if The Wall Street Journal ceases publication).

Minimum Payment: All past-due amounts, any Annual Fee billed monthly, any Additional Card Fee billed monthly plus the greater of

the following amounts: (i) 1% of your New Balance plus Late Fees, Cash Advance Transaction Fees, Over Limit Fees, Returned Payment

Fees, and Interest Charges billed during the billing cycle for which the Minimum Payment is calculated, as shown on that periodic

statement, rounded to the next-higher dollar; or (ii) $35. If the New Balance is less than $35, the Minimum Payment will be the total

amount owed.

Rev9/1/2017mp35