Common use of Arbitration Provision Clause in Contracts

Arbitration Provision. Unless you have exercised or exercise your right to reject arbitration as described under “Rules for rejecting this arbitration provision” below, the following Arbitration Provision will apply: This section provides that disputes may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are simpler and more limited than in court. This arbitration provision is governed by the Federal Arbitration Act (FAA) and will be interpreted in the broadest way the law will allow. Covered claims • You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to your Account, a previous related Account or our relationship (called "Claims”). • If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Except as stated below, all Claims are subject to arbitration, no matter what legal theory they're based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present, or future conduct; and Claims made independently or with other claims. This also includes Claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as a co- applicant, authorized user, employee, agent, representative or an affiliated/parent/subsidiary company. Arbitration limits • Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. • We won't initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against us. If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt. • Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of 2 or more persons may not be combined in the same arbitration. However, applicants, co-applicants, Authorized Users on a single Account and/or related Accounts, or corporate affiliates are here considered as one person. How arbitration works • Arbitration will be conducted by the American Arbitration Association ("AAA"') according to this arbitration provision and the applicable AAA commercial arbitration rules in effect when the claim is filed ("AAA Rules"), except where those rules conflict with this arbitration provision. You can obtain copies of the AAA Rules at the AAA's website (xxx.xxx.xxx) or by calling 000-000-0000. You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the same city as the U.S District Court closest to your billing address. • Arbitration may be requested any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion, or discovery in a court lawsuit. To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA. • The arbitration will be conducted by a single arbitrator in accord with this arbitration provision and the AAA Rules, which may limit discovery. The arbitrator will not apply any federal or state rules of civil procedure for discovery, but the arbitrator will honor claims of privilege recognized at law and will take reasonable steps to protect account information and other confidential information of either party if requested to do so. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statute of limitations, and may award damages or other relief under applicable law. • The arbitrator will make any award in writing and, if requested by you or us, may provide a brief statement of the reasons for the award. An arbitration award will decide the rights and obligations only of the parties named in the arbitration and will not have any bearing on any other person or dispute. Paying for arbitration fees • We will pay your share of the arbitration fee for an arbitration of Claims of $75,000 or less if they are unrelated to debt collection. Otherwise, arbitration fees will be allocated according to the applicable AAA Rules. If we prevail, we may not recover our arbitration fees, unless the arbitrator decides your Claim was frivolous. Except as provided below under “Special Payment,” all parties are responsible for their own attorney's fees, witness fees and expert fees and any other expenses, unless the arbitrator awards such fees or expenses to you or us based on applicable law. The final award Any award by an arbitrator is final unless a party appeals it in writing to the AAA within 30 days of notice of the award. The arbitration appeal will be determined by a panel of 3 arbitrators. The panel will consider all facts and legal issues anew based on the same evidence presented in the prior arbitration, and will make decisions based on a majority vote. Arbitration fees for the arbitration appeal will be allocated according to the AAA Rules. An award by a panel on appeal is final. A final award is subject to judicial review as provided by applicable law.

Arbitration Provision. Unless you have exercised or exercise your right to reject arbitration as described under “Rules for rejecting this arbitration provision” below, the following Arbitration Provision will apply: This section provides that disputes may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are simpler and more limited than in court. This arbitration provision is governed by the Federal Arbitration Act (FAA) and will be interpreted in the broadest way the law will allow. Covered claims •  You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to your Account, a previous related Account or our relationship (called "Claims”). •  If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Except as stated below, all Claims are subject to arbitration, no matter what legal theory they're based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present, or future conduct; and Claims made independently or with other claims. This also includes Claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as a co- applicant, authorized user, employee, agent, representative or an affiliated/parent/subsidiary company. Arbitration limits •  Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. •  We won't initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against us. If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt. •  Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of 2 or more persons may not be combined in the same arbitration. However, applicants, co-applicants, Authorized Users on a single Account and/or related Accounts, or corporate affiliates are here considered as one person. How arbitration works •  Arbitration will be conducted by the American Arbitration Association ("AAA"') according to this arbitration provision and the applicable AAA commercial arbitration rules in effect when the claim is filed ("AAA Rules"), except where those rules conflict with this arbitration provision. You can obtain copies of the AAA Rules at the AAA's website (xxx.xxx.xxx) or by calling 000-000-0000. You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the same city as the U.S District Court closest to your billing address. •  Arbitration may be requested any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion, or discovery in a court lawsuit. To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA. •  The arbitration will be conducted by a single arbitrator in accord with this arbitration provision and the AAA Rules, which may limit discovery. The arbitrator will not apply any federal or state rules of civil procedure for discovery, but the arbitrator will honor claims of privilege recognized at law and will take reasonable steps to protect account information and other confidential information of either party if requested to do so. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statute of limitations, and may award damages or other relief under applicable law. •  The arbitrator will make any award in writing and, if requested by you or us, may provide a brief statement of the reasons for the award. An arbitration award will decide the rights and obligations only of the parties named in the arbitration and will not have any bearing on any other person or dispute. Paying for arbitration fees •  We will pay your share of the arbitration fee for an arbitration of Claims of $75,000 or less if they are unrelated to debt collection. Otherwise, arbitration fees will be allocated according to the applicable AAA Rules. If we prevail, we may not recover our arbitration fees, unless the arbitrator decides your Claim was frivolous. Except as provided below under “Special Payment,” all parties are responsible for their own attorney's fees, witness fees and expert fees and any other expenses, unless the arbitrator awards such fees or expenses to you or us based on applicable law. The final award Any award by an arbitrator is final unless a party appeals it in writing to the AAA within 30 days of notice of the award. The arbitration appeal will be determined by a panel of 3 arbitrators. The panel will consider all facts and legal issues anew based on the same evidence presented in the prior arbitration, and will make decisions based on a majority vote. Arbitration fees for the arbitration appeal will be allocated according to the AAA Rules. An award by a panel on appeal is final. A final award is subject to judicial review as provided by applicable law.

Arbitration Provision. Unless you have exercised or exercise your right to reject arbitration as described under “Rules for rejecting this arbitration provision” below, the following Arbitration Provision will apply: This section provides that disputes may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are simpler and more limited than in court. This arbitration provision is governed by the Federal Arbitration Act (FAA) and will be interpreted in the broadest way the law will allow. Covered claims • You or we may arbitrate any Any claim, dispute or controversy between you me and us arising out HSBC (as specifically defined below for purposes of this Arbitration Provision), whether in contract or related to your Account, a previous related Account or our relationship (called "Claims”). • If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Except as stated below, all Claims are subject to arbitration, no matter what legal theory they're based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tortor otherwise), fraudwhether pre-existing, agencypresent or future, your or our negligenceand including constitutional, statutory or regulatory provisionsstatutory, common law, regulatory, and equitable claims in any way relating to (a) any of these or any other sources of law; Claims made as counterclaimsDocuments or any RAL or RAC that I have previously requested or received from HSBC, cross-claims(b) advertisements, third-party claims, interpleaders or otherwise; Claims made regarding past, presentpromotions, or future conductoral or written statements related to this or any other Application for a RAL or any RAL or RAC that I have previously requested or received from HSBC, (c) the relationship of HSBC and me relating to any of these or any other Documents or any RAL or RAC that I have previously requested or received from HSBC; and Claims made independently (d) except as provided below, the validity, enforceability or with other claims. This also includes Claims made by scope of this Arbitration Provision or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as a co- applicant, authorized user, employee, agent, representative or an affiliated/parent/subsidiary company. Arbitration limits • Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. • We won't initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against us. If you assert a Claim against us, we can choose to arbitrateany part thereof, including actions but not limited to, the issue whether any particular claim, dispute or controversy must be submitted to collect a debt from you. You may arbitrate on an individual basis Claims brought against youarbitration (collectively the “Claim”), including Claims shall be resolved, upon the election of either me or HSBC, by binding arbitration pursuant to collect a debt. • Claims brought as part this Arbitration Provision and the applicable rules of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of 2 or more persons may not be combined in the same arbitration. However, applicants, co-applicants, Authorized Users on a single Account and/or related Accounts, or corporate affiliates are here considered as one person. How arbitration works • Arbitration will be conducted by the American Arbitration Association ("“AAA"'”) according to this arbitration provision and or the applicable AAA commercial arbitration rules National Arbitration Forum (“NAF”) in effect when the claim is filed ("AAA Rules"), except where those rules conflict with this arbitration provision. You can obtain copies of the AAA Rules at the AAA's website (xxx.xxx.xxx) or by calling 000-000-0000time the Claim is filed. You or we may choose to I shall have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the same city as the U.S District Court closest to your billing address. • Arbitration may be requested any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to select one of these arbitration administrators (the “Administrator”). The arbitrator must be a lawyer with more than ten (10) years of experience or a retired or former judge. In the event of a conflict between this Arbitration Provision and the rules of the Administrator, this Arbitration Provision shall govern. In the event of a conflict between this Arbitration Provision and the balance of this Application or any other Documents, this Arbitration Provision shall govern. Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any organization that has in place a formal or informal policy that is inconsistent with and purports to override the terms of this Arbitration Provision, including the Class Action Wavier Provision defined below. HSBC hereby agrees not to invoke its right to arbitrate an individual Claim I may bring in small claims court or an equivalent court, if any, so long as the Claim is pending only in that court. No class actions or private attorney general actions in court or in arbitration or joinder or consolidation of claims in court or in arbitration with other persons, are permitted without the consent of HSBC and me. The validity and effect of the preceding sentence (herein referred to as the “Class Action Waiver Provision”) shall be determined exclusively by filing a court and not by the Administrator or serving a complaintany arbitrator. Neither the Administrator nor any arbitrator shall have the power or authority to waive, answermodify or fail to enforce the Class Action Waiver Provision, counterclaimand any attempt to do so, motionwhether by rule, policy, arbitration decision or discovery otherwise, shall be invalid and unenforceable. Any arbitration hearing that I attend will take place in a court lawsuitlocation that is reasonably convenient for me. To choose On any Claim I file, I will pay the first $50.00 of the filing fee. At my request, HSBC will pay the remainder of the filing fee and any administrative or hearing fees charged by the Administrator, up to $1,500.00 on any Claim asserted by me in the arbitration, a party may file a motion . If I should be required to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing pay any additional fees to the AAAAdministrator, HSBC will consider a request by me to pay all or part of the additional fees; however, HSBC shall not be obligated to pay any additional fees unless the arbitrator grants me an award. • The arbitration If the arbitrator grants an award in my favor, HSBC will reimburse me for any additional fees paid or owed by me to the Administrator up to the amount of the fees that would have been charged if the original Claim had been for the amount of the actual award in my favor. If the arbitrator issues an award in HSBC’s favor, I will not be conducted required to reimburse HSBC for any fees HSBC has previously paid to the Administrator or for which HSBC is responsible. This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by a single arbitrator in accord with this arbitration provision and the AAA RulesFederal Arbitration Act, which may limit discovery9 U.S.C. Sections 1-16 (the “FAA”). The arbitrator will not shall apply any federal or state rules of civil procedure for discovery, but the arbitrator will honor claims of privilege recognized at law and will take reasonable steps to protect account information and other confidential information of either party if requested to do so. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statute of limitationsFAA, and may not by any state law concerning arbitration. The arbitrator shall follow and apply applicable substantive law to the extent consistent with the FAA, statutes of limitation and claims of privilege and shall be authorized to award damages or all remedies permitted by applicable substantive law, including, without limitation, compensatory, statutory and punitive damages, declaratory, injunctive and other equitable relief under applicable lawand attorneys’ fees and costs. • The arbitrator will make any award in writing follow rules of procedure and evidence consistent with the FAA, this Arbitration Provision and, if requested to the extent consistent with this Arbitration Provision, the Administrator’s rules Upon request of either party, the arbitrator shall prepare a short reasoned written opinion supporting the arbitration award. Judgment upon the award may be entered in any court having jurisdiction. The arbitrator’s award will be final and binding except for: (a) any appeal right under the FAA: and (b) any appeal of Claims involving more than $100,000. For such Claims, any party may appeal the award to a three-arbitrator panel appointed by you the Administrator, which will reconsider de novo (i.e., in its entirety) any aspect or us, may provide a brief statement all aspects of the reasons initial award that is appealed. The panel’s decision will be final and binding, except for any appeal right under the awardFAA. An arbitration award Unless applicable law provides otherwise, the appealing party will decide pay the rights appeal’s costs (i.e., the amounts owed to the Administrator and obligations only the arbitrators), regardless of its outcome. However, HSBC will consider in good faith any reasonable request for HSBC to bear up to the full costs of the parties named appeal. Nothing in this Arbitration Provision shall be construed to prevent HSBC’s use of offset or other contractual rights involving payment of my income tax refund or other amount on deposit with HSBC to pay off any RAL, RAC, or similar financial service, or ERO or other foes, now or thereafter owed by me to HSBC or any Other RAL Lender or ERO or third party pursuant to the arbitration Documents or similar prior documents. I ACKNOWLEDGE THAT I HAVE A RIGHT TO LITIGATE CLAIMS IN COURT BEFORE A JUDGE OR JURY, BUT I PREFER TO RESOLVE ANY SUCH CLAIMS THROUGH ARBITRATION AND HEREBY KNOWINGLY AND VOLUNTARILY WAIVE MY RIGHTS TO LITIGATE SUCH CLAIMS IN COURT BEFORE A JUDGE OR JURY, UPON ELECTION OF ARBITRATION BY HSBC OR BY ME. I ACKNOWLEDGE THAT I WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR AS A PRIVATE ATTORNEY GENERAL PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. I UNDERSTAND THAT, IF I AM A MEMBER OF THE PUTATIVE CLASS IN CUMMINS, ET AL. V. H&R BLOCK, INC., ET AL., CASE NO. 03-C-134 IN THE CIRCUIT COURT OF KANAWHA COURT, WV. THIS ARBITRATION CLAUSE MAY NOT ACT AS A WAIVER OF THE RIGHTS AND CLAIMS I MAY HAVE IN THAT ACTION. This Arbitration Provision shall supersede all prior Arbitration Provisions contained in any previous RAL or RAC application or related agreement and shall survive repayment of any RAL or RAC and termination of my accounts: provided, however, that if I reject this Arbitration Provision as set below, any prior Arbitration Provisions shall remain in full force and effect. If any portion of this Arbitration Provision is deemed invalid or unenforceable, it will not have invalidate the remaining portions of this Arbitration Provision. However, if a determination is made that the Class Action Waiver Provision is unenforceable, this Arbitration Provision (other than this sentence) and any bearing on prior Arbitration Provision shall be null and void. To reject this Arbitration Provision, I must send HSBC, c/o HSBC Taxpayer Financial Services Inc., Account Research, P.O. Box 18097, Jacksonville, FL 32229, a signed writing (“Rejection Notice”) that is received within thirty (30) days after the date I sign this Application. The Rejection Notice must identify the transaction involved and must include my name, address, and social security number and must be signed by all persons signing this Application as Applicant(s). I may send the Rejection Notice in any manner I see fit as long as it is received at the specified address within the specified time. No other person or dispute. Paying for arbitration fees • We will pay your share of methods can be used to reject the arbitration fee for an arbitration of Claims of $75,000 or less if they are unrelated to debt collection. Otherwise, arbitration fees will be allocated according to the applicable AAA RulesArbitration Agreement. If we prevail, we may not recover our arbitration fees, unless the arbitrator decides your Claim was frivolous. Except as provided below under “Special Payment,” all parties are responsible for their own attorney's fees, witness fees and expert fees and any other expenses, unless the arbitrator awards such fees or expenses to you or us based Rejection Notice is sent on applicable law. The final award Any award by an arbitrator is final unless a party appeals it in writing to the AAA within 30 days of notice of the award. The arbitration appeal will be determined my behalf by a panel third party, such third party must include evidence of 3 arbitratorshis or her authority to submit the Rejection Notice on my behalf. The panel will consider all facts and legal issues anew based on As used in this Arbitration Provision, the same evidence presented in the prior arbitrationterm “HSBC” shall mean HSBC Bank USA, National Association. HSBC TFS, Household Bank, f.s.b., Beneficial National Bank, and will make decisions based on a majority vote. Arbitration fees for H&R Block, Inc., and each of their parents, wholly or majority-owned subsidiaries, affiliates, or predecessors, successors, assigns and the arbitration appeal will be allocated according to the AAA Rules. An award by a panel on appeal is final. A final award is subject to judicial review as provided by applicable lawfranchisees of any of them, and each of their officers, directors, agents, and employees.

Arbitration Provision. Unless you have exercised Any claim, dispute, or exercise controversy (“Claim”) arising out of or in relating in any way to this Agreement or your right to reject arbitration as described under “Rules for rejecting this arbitration provision” belowWallet Account involving your establishment of the account, your use of the account, the following Arbitration Provision will apply: This section provides that disputes may amount of available funds in your Wallet Account, advertisements, promotions, or oral and written statements related to the Wallet Account, as well as goods or services purchased with funds from the account, the benefits and services related to the Wallet Account or transactions on the Wallet Account, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding arbitration. individual arbitration conducted by the American Arbitration replaces Association (“AAA”) under the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Consumer Arbitration procedures are simpler and more limited than in courtRules. This arbitration provision agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (FAA) 9 U.S.C. 1-16). We will pay the initial filing fee to commence arbitration and will be interpreted any arbitration hearing that you attend shall take place in the broadest way federal jurisdiction district of your residence. ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THE CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE. For a copy of the law will allowprocedures, to file a Claim or by other information about this organization, contact it at: your regional AAA office which can be found on xxx.xxx.xxx/XxxxxxXxxxxxxxx or at xxxxx://xxx.xxx/ContactUs. Covered claims • You or we Any determination as to the scope, interpretation, enforceability and validity of this Agreement shall be made final and exclusively by the arbitrator, which award shall be final and binding. Judgment on the arbitration award may arbitrate be entered in any claimcourt having jurisdiction. NO CLASS ACTION, dispute or controversy between you and us arising out OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE. This arbitration provision shall survive i) The termination of or related to your Account, a previous related Account or our relationship (called "Claims”). • If arbitration is chosen by this Agreement; ii) the bankruptcy of any party; iii) any transfer, neither sale or assignment of you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Except as stated below, all Claims are subject to arbitration, no matter what legal theory they're based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisionsWallet Account, or any amounts owed on your Wallet Account, to any other sources person or entity; If any portion of law; Claims made as counterclaimsthis arbitration provision is deemed invalid or unenforceable, cross-claimsthe remaining portions shall remain in full force. Draft IF YOU DO NOT AGREE TO THE TERMS OF THE ARBITRATION AGREEMENT, DO NOT MAKE TRANSACTIONS TO AND FROM THE Wallet Account. CONTACT NEOSURF AT XXX.XXXXXXX.XXX/XXXXXXX TO CANCEL THE ACCOUNT AND REQUEST A RETURN OF YOUR BALANCE IF APPLICABLE. List of all fees associated with your Wallet Account Details of All Fees for the Digital Cash and Play Cash Wallet Accounts Wallet Fee Monthly Fee $2.50 Add Funds to Your Wallet Account Cash voucher purchased at a retail location $1% of transaction plus third-party claimsreload fee* up to a maximum of $$$$ Per load. The third-party reload fee is determined and assessed by the operator of the Neosurf Distributor Network and varies by location. The third-party fee is subject to change. Bank Transfer-Inbound $0.00 Per transfer of funds via ACH from your bank account at another financial institution to your Wallet Account. Withdraw Funds from your Wallet Account Bank Transfer-Outbound $2.00 Per transfer of funds via ACH to your bank account at another financial institution. The funds in your account are held in Community Federal Savings Bank, interpleaders or otherwise; Claims made regarding past, present, or future conduct; an FDIC insured financial institution. The funds are FDIC insured only in the event of the failure of the Bank and Claims made independently or with other claimsare insured up to a maximum of $250,000. This also includes Claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as a co- applicant, authorized user, employee, agent, representative or an affiliated/parent/subsidiary company. Arbitration limits • Individual Claims filed in a small claims court The funds are not subject to arbitration, as long as the matter stays in small claims courtFDIC insured if Neosurf fails. • We won't initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against usFor general information regarding prepaid accounts visit xxxx.xxx/xxxxxxx. If you assert have a Claim against uscomplaint about a prepaid account, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt. • Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of 2 or more persons may not be combined in call the same arbitration. However, applicants, co-applicants, Authorized Users on a single Account and/or related Accounts, or corporate affiliates are here considered as one person. How arbitration works • Arbitration will be conducted by the American Arbitration Association ("AAA"') according to this arbitration provision and the applicable AAA commercial arbitration rules in effect when the claim is filed ("AAA Rules"), except where those rules conflict with this arbitration provision. You can obtain copies of the AAA Rules Consumer Financial Protection Bureau at the AAA's website (xxx.xxx.xxx) or by calling 000-000-00000000 or visit xxxx.xxx/xxxxxxxxx. You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the same city as the U.S District Court closest to your billing address. • Arbitration may be requested any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion, or discovery in a court lawsuit. To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA. • The arbitration will be conducted by a single arbitrator in accord with this arbitration provision and the AAA Rules, which may limit discovery. The arbitrator will not apply any federal or state rules of civil procedure for discovery, but the arbitrator will honor claims of privilege recognized at law and will take reasonable steps to protect account information and other confidential information of either party if requested to do so. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statute of limitations, and may award damages or other relief under applicable law. • The arbitrator will make any award in writing and, if requested by you or us, may provide a brief statement of the reasons for the award. An arbitration award will decide the rights and obligations only of the parties named in the arbitration and will not have any bearing on any other person or dispute. Paying for arbitration fees • We will pay your share of the arbitration fee for an arbitration of Claims of $75,000 or less if they are unrelated to debt collection. Otherwise, arbitration fees will be allocated according to the applicable AAA Rules. If we prevail, we may not recover our arbitration fees, unless the arbitrator decides your Claim was frivolous. Except as provided below under “Special Payment,” all parties are responsible for their own attorney's fees, witness fees and expert fees and any other expenses, unless the arbitrator awards such fees or expenses to you or us based on applicable law. The final award Any award by an arbitrator is final unless a party appeals it in writing to the AAA within 30 days of notice of the award. The arbitration appeal will be determined by a panel of 3 arbitrators. The panel will consider all facts and legal issues anew based on the same evidence presented in the prior arbitration, and will make decisions based on a majority vote. Arbitration fees for the arbitration appeal will be allocated according to the AAA Rules. An award by a panel on appeal is final. A final award is subject to judicial review as provided by applicable law.Draft

Arbitration Provision. Unless you have exercised or exercise your right to reject arbitration Important Note Regarding this Arbitration Provision: Except as described under “Rules for rejecting this arbitration provision” provided below, arbitration does not limit or affect the following legal claims you may bring against the Company. Agreeing to arbitrationonly affects where any such claims may be brought and how they will be resolved. Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge, ora jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties using the process set forth herein. Other arbitration rules and procedures are also set forth herein. Unless the law requires otherwise, as determined by the Arbitrator based upon the circumstances presented, you will be required to split the cost of any arbitration with the Company. IMPORTANT: This Arbitration Provision will apply: require you to resolve any claim that you may have against the Company on an individual basis, except as provided below, pursuant to the terms of the Agreement unless you choose to opt out of the Arbitration Provision. Except as provided below, this provision will preclude you from bringing any class, collective, or representative action against the Company, and also precludes you from participating in or recovering relief under any current or future class, collective, or representative action brought against the Company by someone else. WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT BUSINESS DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION. How This section provides that disputes may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are simpler and more limited than in courtProvision Applies. This arbitration provision Arbitration Provision is governed by the Federal Arbitration Act Act, 9 U.S.C. § 1 et seq. (the “FAA”) and will evidences a transaction involving interstate commerce. This Arbitration Provision applies to any dispute arising out of or related to this Agreement or termination of the Agreement and survives after the Agreement terminates. Nothing contained in this Arbitration Provision shall be interpreted construed to prevent or excuse you from utilizing any informal procedure for resolution of complaints established in this Agreement (if any), and this Arbitration Provision is not intended to be a substitute for the broadest utilization of such procedures. Except as it otherwise provides, this Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before any forum other than arbitration, with the exception of proceedings that must be exhausted under applicable law before pursuing a claim in a court of law or in any forum other than arbitration. Except as it otherwise provides, this Arbitration Provision requires all such disputes to be resolved only by an arbitrator through final and binding arbitration on an individual basis only and not by way of court or jury trial, or by way of class, collective, or representative action. Except as provided in Section 13.3(v), below, regarding the law will allowClass Action Waiver, such disputes include without limitation disputes arising out of or relating to interpretation or application of this Arbitration Provision, including the enforceability, revocability or validity of the Arbitration Provision or any portion of the Arbitration Provision. Covered claims • All such matters shall be decided by an Arbitrator and not by a court or judge. However, as set forth below, the preceding sentences shall not apply to disputes relating to the interpretation or application of the Class Action Waiver or PAGA Waiver below, including their enforceability, revocability or validity. Except as it otherwise provides, this Arbitration Provision also applies, without limitation, to all disputes between You and the Company, as well as all disputes between You and the Company’s fiduciaries, administrators, affiliates, subsidiaries, parents, and all successors and assigns of any of them, including but not limited to any disputes arising out of or we may arbitrate any claim, dispute or controversy between you related to this Agreement and us disputes arising out of or related to your Accountrelationship with the Company, a previous related Account including termination of the relationship. This Arbitration Provision also applies, without limitation, to disputes regarding any city, county, state or our relationship federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (called "Claimsexcept for individual claims for employee benefits under any benefit plan sponsored by the Company and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Genetic Information Non-Discrimination Act, and state statutes, if any, addressing the same or similar subject matters, and all other similar federal and state statutory and common law claims. This Agreement is intended to require arbitration of every claim or dispute that lawfully can be arbitrated, except for those claims and disputes which by the terms of this Agreement are expressly excluded from the Arbitration Provision. Xxxxx X. Xxxx (the individual), Xxxxx X. Xxxx PA, and Xxxxx X. Xxxx PA, LLC (aka XXXXXXXXXXXX.xxx) are all intended third-party beneficiary’s of this Agreement. Limitations on How This Agreement Applies. The disputes and claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in this Arbitration Provision shall not apply: A representative action brought on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., to the extent waiver of such a claim is deemed unenforceable by a court of competent jurisdiction; Claims for workers compensation, state disability insurance and unemployment insurance benefits; Regardless of any other terms of this Agreement, nothing prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and nothing in this Agreement or Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision. • Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration; Disputes that may not be subject to a pre-dispute arbitration agreement pursuant to applicable Federal law or Executive Order are excluded from the coverage of this Arbitration Provision; Disputes regarding your or XXXXXXXXXXXX.XXX’s intellectual property rights. This Arbitration Provision shall not be construed to require the arbitration of any claims against a contractor that may not be the subject of a mandatory arbitration agreement as provided by section 8116 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118), section 8102 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2011 (Pub. L. 112- 10, Division A), and their implementing regulations, or any successor DoD appropriations act addressing the arbitrability of claims. Selecting the Arbitrator and Location of the Arbitration. The Arbitrator shall be selected by mutual agreement of the Company and you. Unless you and the Company mutually agree otherwise, the Arbitrator shall be an attorney licensed to practice in the location where the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. If arbitration is chosen the Parties cannot agree on an Arbitrator, then an arbitrator will be selected using the alternate strike method from a list of five (5) neutral arbitrators provided by any party, neither you nor we JAMS (Judicial Arbitration & Mediation Services). You will have the right to litigate that Claim in court or have a jury trial on that Claim. Except as stated below, all Claims are subject to arbitration, no matter what legal theory they're based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources option of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present, or future conduct; and Claims made independently or with other claims. This also includes Claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as a co- applicant, authorized user, employee, agent, representative or an affiliated/parent/subsidiary company. Arbitration limits • Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. • We won't initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against usfirst strike. If you assert a Claim against usJAMS arbitrator is used, we can choose to arbitratethen the JAMS Streamlined Arbitration Rules & Procedures rules will apply; however, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt. • Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of 2 or more persons may not be combined in the same arbitration. However, applicants, co-applicants, Authorized Users on a single Account and/or related Accounts, or corporate affiliates are here considered as one person. How arbitration works • Arbitration will be conducted by the American Arbitration Association ("AAA"') according to this arbitration provision and the applicable AAA commercial arbitration rules in effect when the claim is filed ("AAA Rules"), except where those rules conflict with this arbitration provision. You can obtain copies of the AAA Rules at the AAA's website (xxx.xxx.xxx) or by calling 000-000-0000. You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the same city as the U.S District Court closest to your billing address. • Arbitration may be requested any time, even where if there is a pending lawsuitconflict between the JAMS Rules and this Agreement, unless a trial has begun or a final judgment enteredthis Agreement shall govern. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion, or discovery in a court lawsuit. To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA. • Those rules are available here: xxxx://xxx.xxxxxxx.xxx/rules-streamlined-arbitration The arbitration will be conducted by a single arbitrator in accord with this arbitration provision and the AAA Rules, which may limit discovery. The arbitrator will not apply any federal or state rules of civil procedure for discovery, but the arbitrator will honor claims of privilege recognized at law and will take reasonable steps to protect account information and other confidential information of either party if requested to do so. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statute of limitations, and may award damages or other relief under applicable law. • The arbitrator will make any award in writing and, if requested by you or us, may provide a brief statement of the reasons for the award. An arbitration award will decide the rights and obligations only of the parties named in the arbitration and will not have any bearing on any other person or dispute. Paying for arbitration fees • We will pay your share location of the arbitration fee for an arbitration proceeding shall be in the city of Claims of $75,000 or less Miami, Florida but you may appear via electronic connection if they are unrelated to debt collection. Otherwiseyou so desire, arbitration fees will be allocated according unless each party to the applicable AAA Rules. If we prevail, we may not recover our arbitration fees, unless the arbitrator decides your Claim was frivolous. Except as provided below under “Special Payment,” all parties are responsible for their own attorney's fees, witness fees and expert fees and any other expenses, unless the arbitrator awards such fees or expenses to you or us based on applicable law. The final award Any award by an arbitrator is final unless a party appeals it agrees in writing to the AAA within 30 days of notice of the award. The arbitration appeal will be determined by a panel of 3 arbitrators. The panel will consider all facts and legal issues anew based on the same evidence presented in the prior arbitration, and will make decisions based on a majority vote. Arbitration fees for the arbitration appeal will be allocated according to the AAA Rules. An award by a panel on appeal is final. A final award is subject to judicial review as provided by applicable lawotherwise.

Arbitration Provision. Unless you have exercised or exercise your right to reject arbitration as described under “Rules for rejecting this arbitration provision” below, the following Arbitration Provision will apply: This section provides that disputes may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are simpler and more limited than in court. This arbitration provision is governed by the Federal Arbitration Act (FAA) and will be interpreted in the broadest way the law will allow. Covered claims • You or we may arbitrate any Any claim, dispute or controversy between you me and us arising out HSBC (as specifically defined below for purposes of this Arbitration Provision), whether in contract or related to your Account, a previous related Account or our relationship (called "Claims”). • If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Except as stated below, all Claims are subject to arbitration, no matter what legal theory they're based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tortor otherwise), fraudwhether pre-existing, agencypresent or future, your or our negligenceand including constitutional, statutory or regulatory provisionsstatutory, common law, regulatory, and equitable claims in any way relating to (a) any of these or any other sources of law; Claims made as counterclaimsDocuments or any RAL or RAC that I have previously requested or received from HSBC, cross-claims(b) advertisements, third-party claims, interpleaders or otherwise; Claims made regarding past, presentpromotions, or future conductoral or written statements related to this or any other Application for a RAL or any RAL or RAC that I have previously requested or received from HSBC, (c) the relationship of HSBC and me relating to any of these or any other Documents or any RAL or RAC mat I have previously requested or received from HSBC; and Claims made independently (d) except as provided below, the validity, enforceability or with other claims. This also includes Claims made by scope of this Arbitration Provision or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as a co- applicant, authorized user, employee, agent, representative or an affiliated/parent/subsidiary company. Arbitration limits • Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. • We won't initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against us. If you assert a Claim against us, we can choose to arbitrateany part thereof, including actions but not limited to, the issue whether any particular claim, dispute or controversy must be submitted to collect a debt from you. You may arbitrate on an individual basis Claims brought against youarbitration (collectively the “Claim”), including Claims shall be resolved, upon the election of either me or HSBC, by binding arbitration pursuant to collect a debt. • Claims brought as part this Arbitration Provision and the applicable rules of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of 2 or more persons may not be combined in the same arbitration. However, applicants, co-applicants, Authorized Users on a single Account and/or related Accounts, or corporate affiliates are here considered as one person. How arbitration works • Arbitration will be conducted by the American Arbitration Association ("“AAA"'”) according to this arbitration provision and or the applicable AAA commercial arbitration rules National Arbitration Forum (“NAF”) in effect when the claim is filed ("AAA Rules"), except where those rules conflict with this arbitration provision. You can obtain copies of the AAA Rules at the AAA's website (xxx.xxx.xxx) or by calling 000-000-0000time the Claim is filed. You or we may choose to I shall have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the same city as the U.S District Court closest to your billing address. • Arbitration may be requested any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to select one of these arbitration administrators (the “Administrator”). The arbitrator must be a lawyer with more than ten (10) years of experience or a retired or former judge. In the event of a conflict between this Arbitration Provision and the rules of the Administrator, this Arbitration Provision shall govern. In the event of a conflict between this Arbitration Provision and the balance of this Application or any other Documents, this Arbitration Provision shall govern. Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may Be administered, without the consent of all parties to the arbitration, by any organization that has in place a formal or informal policy that is inconsistent with and purports to override the terms of this Arbitration Provision, including the Class Action Wavier Provision defined below. HSBC hereby agrees not to invoke its right to arbitrate an individual Claim I may bring in small claims court or an equivalent court, if any, so long as the Claim is pending only in that court. No class actions or private attorney general actions in court or in arbitration or joinder or consolidation of claims in court or in arbitration with other persons, are permitted without the consent of HSBC and me. The validity and effect of the preceding sentence (herein referred to as the “Class Action Waiver Provision”) shall be determined exclusively by filing a court and not by the Administrator or serving a complaintany arbitrator. Neither the Administrator nor any arbitrator shall have the power or authority to waive, answermodify or fail to enforce the Class Action Waiver Provision, counterclaimand any attempt to do so, motionwhether by rule, policy, arbitration decision or discovery otherwise, shall be invalid and unenforceable. Any arbitration hearing that I attend will take place in a court lawsuitlocation that is reasonably convenient for me. To choose On any Claim I file, I will pay the first $50.00 of the filing fee. At my request, HSBC will pay the remainder of the filing fee and any administrative or hearing fees charged by the Administrator, up to $1,500.00 on any Claim asserted by me in the arbitration, a party may file a motion . If I should be required to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing pay any additional fees to the AAA. • The arbitration Administrator, HSBC will be conducted consider a request by a single arbitrator in accord with this arbitration provision and the AAA Rules, which may limit discovery. The arbitrator will not apply any federal me to pay all or state rules of civil procedure for discovery, but the arbitrator will honor claims of privilege recognized at law and will take reasonable steps to protect account information and other confidential information of either party if requested to do so. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statute of limitations, and may award damages or other relief under applicable law. • The arbitrator will make any award in writing and, if requested by you or us, may provide a brief statement part of the reasons for the award. An arbitration award will decide the rights and obligations only of the parties named in the arbitration and will additional fees; however, HSBC shall not have be obligated to pay any bearing on any other person or dispute. Paying for arbitration additional fees • We will pay your share of the arbitration fee for an arbitration of Claims of $75,000 or less if they are unrelated to debt collection. Otherwise, arbitration fees will be allocated according to the applicable AAA Rules. If we prevail, we may not recover our arbitration fees, unless the arbitrator decides your Claim was frivolousgrants me an award. Except as provided below under “Special Payment,” all parties are responsible for their own attorney's fees, witness fees and expert fees and any other expenses, unless If the arbitrator awards such grants an award in my favor, HSBC will reimburse me for any additional fees paid or expenses to you or us based on applicable law. The final award Any award owed by an arbitrator is final unless a party appeals it in writing me to the AAA within 30 days of notice Administrator up to the amount of the award. The arbitration appeal will be determined by a panel of 3 arbitrators. The panel will consider all facts and legal issues anew based on fees that would have been charged if the same evidence presented in the prior arbitration, and will make decisions based on a majority vote. Arbitration fees original Claim had been for the arbitration appeal amount of the actual award in my favor. If the arbitrator issues an award in HSBC’s favor, I will not be allocated according required to reimburse HSBC for any fees HSBC has previously paid to the AAA Rules. An award by a panel on appeal Administrator or for which HSBC is final. A final award is subject to judicial review as provided by applicable lawresponsible.

Arbitration Provision. Unless you have exercised or exercise your right to reject arbitration Important Note Regarding this Arbitration Provision: ● Except as described under “Rules for rejecting this arbitration provision” provided below, arbitration does not limit or affect the following legal claims you may bring against the Company. Agreeing to arbitration only affects where any such claims may be brought and how they will be resolved. ● Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge, or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties using the process set forth herein. Other arbitration rules and procedures are also set forth herein. ● Unless the law requires otherwise, as determined by the Arbitrator based upon the circumstances presented, you will be required to split the cost of any arbitration with the Company. ● IMPORTANT: This Arbitration Provision will apply: This section provides require you to resolve any claim that disputes you may be resolved by binding arbitration. Arbitration replaces have against the right to go to courtCompany or Quik Plow on an individual basis, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are simpler and more limited than in court. This arbitration provision is governed by the Federal Arbitration Act (FAA) and will be interpreted in the broadest way the law will allow. Covered claims • You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to your Account, a previous related Account or our relationship (called "Claims”). • If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Except except as stated provided below, all Claims are subject pursuant to arbitration, no matter what legal theory they're based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources the terms of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present, or future conduct; and Claims made independently or with other claims. This also includes Claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as a co- applicant, authorized user, employee, agent, representative or an affiliated/parent/subsidiary company. Arbitration limits • Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. • We won't initiate arbitration to collect a debt from you Agreement unless you choose to arbitrate or assert a Claim against us. If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt. • Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of 2 or more persons may not be combined in the same arbitration. However, applicants, co-applicants, Authorized Users on a single Account and/or related Accounts, or corporate affiliates are here considered as one person. How arbitration works • Arbitration will be conducted by the American Arbitration Association ("AAA"') according to this arbitration provision and the applicable AAA commercial arbitration rules in effect when the claim is filed ("AAA Rules"), except where those rules conflict with this arbitration provision. You can obtain copies opt out of the AAA Rules at the AAA's website (xxx.xxx.xxx) or by calling 000-000-0000. You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the same city as the U.S District Court closest to your billing address. • Arbitration may be requested any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion, or discovery in a court lawsuit. To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA. • The arbitration will be conducted by a single arbitrator in accord with this arbitration provision and the AAA Rules, which may limit discovery. The arbitrator will not apply any federal or state rules of civil procedure for discovery, but the arbitrator will honor claims of privilege recognized at law and will take reasonable steps to protect account information and other confidential information of either party if requested to do so. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statute of limitations, and may award damages or other relief under applicable law. • The arbitrator will make any award in writing and, if requested by you or us, may provide a brief statement of the reasons for the award. An arbitration award will decide the rights and obligations only of the parties named in the arbitration and will not have any bearing on any other person or dispute. Paying for arbitration fees • We will pay your share of the arbitration fee for an arbitration of Claims of $75,000 or less if they are unrelated to debt collection. Otherwise, arbitration fees will be allocated according to the applicable AAA Rules. If we prevail, we may not recover our arbitration fees, unless the arbitrator decides your Claim was frivolousProvision. Except as provided below below, this provision will preclude you from bringing any class, collective, or representative action (other than actions under the Private Attorneys General Act of 2004 (“Special Payment,” all parties are responsible for their own attorney's feesPAGA”), witness fees and expert fees and any other expenses, unless Michigan Labor Code against the arbitrator awards such fees Company or expenses to you or us based on applicable law. The final award Any award by an arbitrator is final unless a party appeals it in writing to the AAA within 30 days of notice of the award. The arbitration appeal will be determined by a panel of 3 arbitrators. The panel will consider all facts and legal issues anew based on the same evidence presented in the prior arbitrationQuik Plow, and will make decisions based on a majority votealso precludes you from participating in or recovering relief under any current or future class, collective, or representative (non-PAGA) action brought against the Company or Quik Plow by someone else. Arbitration fees for the arbitration appeal will be allocated according to the AAA RulesWHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT BUSINESS DECISION. An award by a panel on appeal is finalIT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. A final award is subject to judicial review as provided by applicable lawYOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.

Arbitration Provision. Unless you have exercised or exercise your right to reject arbitration as described under “Rules for rejecting this arbitration provision” below, the following This Arbitration Provision will apply: This section provides that disputes may significantly affects your rights in any dispute with us. Please read this Arbitration Provision carefully before you sign or ratify the Agreement. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT. IF A DISPUTE IS ARBITRATED, YOU AND WE WILL EACH GIVE UP CERTAIN RIGHTS THAT MAY BE AVAILABLE IN COURT, INCLUDING OUR RIGHT TO A TRIAL BY JURY. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US. Any claim or dispute, whether in contract, tort or otherwise (including the interpretation and scope of this clause and the arbitrability of any issue), between you and us or our employees, agents, successors or assigns, which arises out of or relates in any manner to this Agreement or any resulting relationship (including any such relationship with third parties who do not sign this Agreement, such as an assignee of the Agreement) shall, at your or our election (or the election of any such third party), be resolved by neutral, binding arbitration. Arbitration replaces the right arbitration and not by a court action.Any claim or dispute is to go to court, have a jury trial or initiate or participate in be arbitrated on an individual basis and not as a class action. In arbitrationYou expressly waive any right you may have to arbitrate a class action.This is called the “class action waiver.” You may choose the applicable rules of either the American Arbitration Association (“AAA”) or another arbitration organization, disputes are resolved subject to our approval. You may obtain a copy of the rules of the AAA by visiting its web site (xxx.xxx.xxx). We waive the right to require you to arbitrate an arbitrator, not individual claim if the amount you seek to recover qualifies as a judge or jury. Arbitration procedures are simpler and more limited than in courtsmall claim under applicable law. This Arbitration Provision relates to an agreement that evidences a transaction involving interstate commerce. Any arbitration provision is under this Arbitration Provision shall be governed by the Federal Arbitration Act (FAA) and will be interpreted in the broadest way the law will allow. Covered claims • You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to your Account, a previous related Account or our relationship (called "Claims”9 U.S.C. § 1 et seq.). • If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Except as stated below, all Claims are subject to arbitration, no matter what legal theory they're based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present, or future conduct; and Claims made independently or with other claims. This also includes Claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as a co- applicant, authorized user, employee, agent, representative or an affiliated/parent/subsidiary company. Arbitration limits • Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. • We won't initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against us. If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt. • Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of 2 or more persons may not be combined in the same arbitration. However, applicants, co-applicants, Authorized Users on a single Account and/or related Accounts, or corporate affiliates are here considered as one person. How arbitration works • Arbitration will be conducted by the American Arbitration Association ("AAA"') according to this arbitration provision and the applicable AAA commercial arbitration rules in effect when the claim is filed ("AAA Rules"), except where those rules conflict with this arbitration provision. You can obtain copies of the AAA Rules at the AAA's website (xxx.xxx.xxx) or by calling 000-000-0000. You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the same city as the U.S District Court closest to your billing address. • Arbitration may be requested any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion, or discovery in a court lawsuit. To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA. • The arbitration will be conducted by a single arbitrator in accord with this arbitration provision and the AAA Rules, which may limit discovery. The arbitrator will not apply any federal or state rules of civil procedure for discovery, but the arbitrator will honor claims of privilege recognized at law and will take reasonable steps to protect account information and other confidential information of either party if requested to do so. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statute of limitations, and may award damages or other relief under applicable law. • The arbitrator will make any award in writing and, if requested by you or us, may provide a brief statement of the reasons for the award. An arbitration award will decide the rights and obligations only of the parties named in the arbitration and will not have any bearing on any other person or dispute. Paying for arbitration fees • We will pay your share of the arbitration fee for an arbitration of Claims of $75,000 or less if they are unrelated to debt collection. Otherwise, arbitration fees will be allocated according to the applicable AAA Rules. If we prevail, we may not recover our arbitration fees, unless the arbitrator decides your Claim was frivolous. Except as provided below under “Special Payment,” all parties are responsible for their own attorney's fees, witness fees and expert fees and any other expenses, unless the arbitrator awards such fees or expenses to you or us based on applicable law. The final award Any award by an arbitrator is final unless a party appeals it in writing to the AAA within 30 days of notice of the award. The arbitration appeal will be determined by a panel of 3 arbitrators. The panel will consider all facts and legal issues anew based on the same evidence presented in the prior arbitration, and will make decisions based on a majority vote. Arbitration fees for the arbitration appeal will be allocated according to the AAA Rules. An award by a panel on appeal is final. A final award is subject to judicial review as provided by applicable law.

Arbitration Provision. Unless you have exercised or exercise your right to reject arbitration Important Note Regarding this Arbitration Provision: o Except as described under “Rules for rejecting this arbitration provision” provided below, arbitration does not limit or affect the following legal claims you may bring against the Company. Agreeing to arbitration only affects where any such claims may be brought and how they will be resolved. o Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge, or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties using the process set forth herein. Other arbitration rules and procedures are also set forth herein. o Unless the law requires otherwise, as determined by the Arbitrator based upon the circumstances presented, you will be required to split the cost of any arbitration with the Company. o IMPORTANT: This Arbitration Provision will apply: This section provides require you to resolve any claim that disputes you may be resolved by binding arbitration. Arbitration replaces have against the right to go to courtCompany or Envoy America on an individual basis, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are simpler and more limited than in court. This arbitration provision is governed by the Federal Arbitration Act (FAA) and will be interpreted in the broadest way the law will allow. Covered claims • You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to your Account, a previous related Account or our relationship (called "Claims”). • If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Except except as stated provided below, all Claims are subject pursuant to arbitration, no matter what legal theory they're based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources the terms of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present, or future conduct; and Claims made independently or with other claims. This also includes Claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as a co- applicant, authorized user, employee, agent, representative or an affiliated/parent/subsidiary company. Arbitration limits • Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. • We won't initiate arbitration to collect a debt from you Agreement unless you choose to arbitrate or assert a Claim against us. If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt. • Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of 2 or more persons may not be combined in the same arbitration. However, applicants, co-applicants, Authorized Users on a single Account and/or related Accounts, or corporate affiliates are here considered as one person. How arbitration works • Arbitration will be conducted by the American Arbitration Association ("AAA"') according to this arbitration provision and the applicable AAA commercial arbitration rules in effect when the claim is filed ("AAA Rules"), except where those rules conflict with this arbitration provision. You can obtain copies opt out of the AAA Rules at the AAA's website (xxx.xxx.xxx) or by calling 000-000-0000. You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the same city as the U.S District Court closest to your billing address. • Arbitration may be requested any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion, or discovery in a court lawsuit. To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA. • The arbitration will be conducted by a single arbitrator in accord with this arbitration provision and the AAA Rules, which may limit discovery. The arbitrator will not apply any federal or state rules of civil procedure for discovery, but the arbitrator will honor claims of privilege recognized at law and will take reasonable steps to protect account information and other confidential information of either party if requested to do so. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statute of limitations, and may award damages or other relief under applicable law. • The arbitrator will make any award in writing and, if requested by you or us, may provide a brief statement of the reasons for the award. An arbitration award will decide the rights and obligations only of the parties named in the arbitration and will not have any bearing on any other person or dispute. Paying for arbitration fees • We will pay your share of the arbitration fee for an arbitration of Claims of $75,000 or less if they are unrelated to debt collection. Otherwise, arbitration fees will be allocated according to the applicable AAA Rules. If we prevail, we may not recover our arbitration fees, unless the arbitrator decides your Claim was frivolousProvision. Except as provided below below, this provision will preclude you from bringing any class, collective, or representative action (other than actions under the Private Attorneys General Act of 2004 (“Special Payment,” all parties are responsible for their own attorney's feesPAGA”), witness fees and expert fees and any other expenses, unless California Labor Code § 2698 et seq. (“PAGA”)) against the arbitrator awards such fees Company or expenses to you or us based on applicable law. The final award Any award by an arbitrator is final unless a party appeals it in writing to the AAA within 30 days of notice of the award. The arbitration appeal will be determined by a panel of 3 arbitrators. The panel will consider all facts and legal issues anew based on the same evidence presented in the prior arbitrationEnvoy America, and will make decisions based on a majority votealso precludes you from participating in or recovering relief under any current or future class, collective, or representative (non-­‐PAGA) action brought against the Company or Envoy America by someone else. Arbitration fees for the arbitration appeal will be allocated according to the AAA RulesWHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT BUSINESS DECISION. An award by a panel on appeal is finalIT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. A final award is subject to judicial review as provided by applicable lawYOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.

Arbitration Provision. Important Note Regarding this Arbitration Provision: • Arbitration does not limit or affect the legal claims you may bring against the Verifone. Agreeing to arbitration only affects where any such claims may be brought and how they will be resolved. • Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge, or a jury. Instead, any dispute between the parties is decided by a private arbitrator selected by the parties using the process set forth below. Other arbitration rules and procedures are also set forth herein. • Unless the law requires otherwise, as determined by the Arbitrator based upon the circumstances presented, you have exercised or exercise your right will be required to reject split the cost of any arbitration as described under “Rules for rejecting this arbitration provision” below, with the following Verifone. • IMPORTANT: This Arbitration Provision will apply: This section provides require you to resolve any claim that disputes you may be resolved by binding arbitration. have against Verifone on an individual basis pursuant to the terms of this Agreement unless you choose to opt out of this Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are simpler and more limited than in courtProvision. This arbitration provision Arbitration Provision will preclude you from bringing any class, collective, or representative action against Verifone. It also precludes you from participating in or recovering relief under any current or future class, collective, or representative action brought against Verifone by someone else. WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT BUSINESS DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ABRITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION. How This Arbitration Provision Applies This Arbitration Provision is governed by the Federal Arbitration Act Act, 9 U.S.C. § 1 et seq. (the “FAA”) and will evidences a transaction involving commerce. This Arbitration Provision applies to any dispute arising out of or related to this Agreement or termination of the Agreement and survives after the Agreement terminates. Nothing contained in this Arbitration Provision shall be interpreted construed to prevent or excuse you from utilizing any procedure for resolution of complaints established in this Agreement (if any), and this Arbitration Provision is not intended to be a substitute for the broadest utilization of such procedures. Except as it otherwise provides, this Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. This Arbitration Provision requires all such disputes to be resolved only by an arbitrator through final and binding arbitration on an individual basis only and not by way of court or jury trial, or by way of class, collective, or representative action. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this Arbitration Provision, including the law will allowenforceability, revocability or validity of the Arbitration Provision or any portion of the Arbitration Provision. Covered claims • You All such matters shall be decided by an Arbitrator and not by a court or we may arbitrate any claimjudge. Except as it otherwise provides, dispute this Arbitration Provision also applies, without limitation, to disputes arising out of or controversy between you related to this Agreement and us disputes arising out of or related to your Account, a previous related Account or our relationship (called "Claims”). • If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Except as stated below, all Claims are subject to arbitration, no matter what legal theory they're based on or what remedy (damages, or injunctive or declaratory relief) they seekwith Verifone, including Claims based on contracttermination of the relationship. This Arbitration Provision also applies, tort without limitation, to disputes regarding any city, county, state or federal wage-­‐hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (including intentional tortexcept for claims for employee benefits under any benefit plan sponsored by the Verifone and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), fraudGenetic Information Non-­‐Discrimination Act, agencyand state statutes, your if any, addressing the same or our negligencesimilar subject matters, and all other similar federal and state statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present, or future conduct; and Claims made independently or with other common law claims. This also includes Claims made by Agreement is intended to require arbitration of every claim or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as a co- applicant, authorized user, employee, agent, representative or an affiliated/parent/subsidiary company. Arbitration limits • Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. • We won't initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against us. If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt. • Claims brought as part of a class action, private attorney general or other representative action dispute that lawfully can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis arbitrated, except for those claims and may award relief only on an individual basis. If arbitration is chosen by any partydisputes, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of 2 or more persons may not be combined in the same arbitration. However, applicants, co-applicants, Authorized Users on a single Account and/or related Accounts, or corporate affiliates are here considered as one person. How arbitration works • Arbitration will be conducted which by the American terms of this Agreement are expressly excluded from the Arbitration Association ("AAA"') according to this arbitration provision and the applicable AAA commercial arbitration rules in effect when the claim is filed ("AAA Rules"), except where those rules conflict with this arbitration provision. You can obtain copies of the AAA Rules at the AAA's website (xxx.xxx.xxx) or by calling 000-000-0000. You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the same city as the U.S District Court closest to your billing address. • Arbitration may be requested any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion, or discovery in a court lawsuit. To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA. • The arbitration will be conducted by a single arbitrator in accord with this arbitration provision and the AAA Rules, which may limit discovery. The arbitrator will not apply any federal or state rules of civil procedure for discovery, but the arbitrator will honor claims of privilege recognized at law and will take reasonable steps to protect account information and other confidential information of either party if requested to do so. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statute of limitations, and may award damages or other relief under applicable law. • The arbitrator will make any award in writing and, if requested by you or us, may provide a brief statement of the reasons for the award. An arbitration award will decide the rights and obligations only of the parties named in the arbitration and will not have any bearing on any other person or dispute. Paying for arbitration fees • We will pay your share of the arbitration fee for an arbitration of Claims of $75,000 or less if they are unrelated to debt collection. Otherwise, arbitration fees will be allocated according to the applicable AAA Rules. If we prevail, we may not recover our arbitration fees, unless the arbitrator decides your Claim was frivolous. Except as provided below under “Special Payment,” all parties are responsible for their own attorney's fees, witness fees and expert fees and any other expenses, unless the arbitrator awards such fees or expenses to you or us based on applicable law. The final award Any award by an arbitrator is final unless a party appeals it in writing to the AAA within 30 days of notice of the award. The arbitration appeal will be determined by a panel of 3 arbitrators. The panel will consider all facts and legal issues anew based on the same evidence presented in the prior arbitration, and will make decisions based on a majority vote. Arbitration fees for the arbitration appeal will be allocated according to the AAA Rules. An award by a panel on appeal is final. A final award is subject to judicial review as provided by applicable lawProvision.

Arbitration Provision. Unless you have exercised or exercise your right to reject arbitration Important Note Regarding this Arbitration Provision: o Except as described under “Rules for rejecting this arbitration provision” provided below, arbitration does not limit or affect the following legal claims you may bring against the Company. Agreeing to arbitration only affects where any such claims may be brought and how they will be resolved. o Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge, or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties using the process set forth herein. Other arbitration rules and procedures are also set forth herein. o Unless the law requires otherwise, as determined by the Arbitrator based upon the circumstances presented, you will be required to split the cost of any arbitration with the Company. o IMPORTANT: This Arbitration Provision will apply: This section provides require you to resolve any claim that disputes you may be resolved by binding arbitration. Arbitration replaces have against the right to go to courtCompany or Envoy America on an individual basis, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are simpler and more limited than in court. This arbitration provision is governed by the Federal Arbitration Act (FAA) and will be interpreted in the broadest way the law will allow. Covered claims • You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to your Account, a previous related Account or our relationship (called "Claims”). • If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Except except as stated provided below, all Claims are subject pursuant to arbitration, no matter what legal theory they're based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources the terms of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present, or future conduct; and Claims made independently or with other claims. This also includes Claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as a co- applicant, authorized user, employee, agent, representative or an affiliated/parent/subsidiary company. Arbitration limits • Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. • We won't initiate arbitration to collect a debt from you Agreement unless you choose to arbitrate or assert a Claim against us. If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt. • Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of 2 or more persons may not be combined in the same arbitration. However, applicants, co-applicants, Authorized Users on a single Account and/or related Accounts, or corporate affiliates are here considered as one person. How arbitration works • Arbitration will be conducted by the American Arbitration Association ("AAA"') according to this arbitration provision and the applicable AAA commercial arbitration rules in effect when the claim is filed ("AAA Rules"), except where those rules conflict with this arbitration provision. You can obtain copies opt out of the AAA Rules at the AAA's website (xxx.xxx.xxx) or by calling 000-000-0000. You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the same city as the U.S District Court closest to your billing address. • Arbitration may be requested any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion, or discovery in a court lawsuit. To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA. • The arbitration will be conducted by a single arbitrator in accord with this arbitration provision and the AAA Rules, which may limit discovery. The arbitrator will not apply any federal or state rules of civil procedure for discovery, but the arbitrator will honor claims of privilege recognized at law and will take reasonable steps to protect account information and other confidential information of either party if requested to do so. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statute of limitations, and may award damages or other relief under applicable law. • The arbitrator will make any award in writing and, if requested by you or us, may provide a brief statement of the reasons for the award. An arbitration award will decide the rights and obligations only of the parties named in the arbitration and will not have any bearing on any other person or dispute. Paying for arbitration fees • We will pay your share of the arbitration fee for an arbitration of Claims of $75,000 or less if they are unrelated to debt collection. Otherwise, arbitration fees will be allocated according to the applicable AAA Rules. If we prevail, we may not recover our arbitration fees, unless the arbitrator decides your Claim was frivolousProvision. Except as provided below below, this provision will preclude you from bringing any class, collective, or representative action (other than actions under the Private Attorneys General Act of 2004 (“Special Payment,” all parties are responsible for their own attorney's feesPAGA”), witness fees and expert fees and any other expenses, unless California Labor Code § 2698 et seq. (“PAGA”)) against the arbitrator awards such fees Company or expenses to you or us based on applicable law. The final award Any award by an arbitrator is final unless a party appeals it in writing to the AAA within 30 days of notice of the award. The arbitration appeal will be determined by a panel of 3 arbitrators. The panel will consider all facts and legal issues anew based on the same evidence presented in the prior arbitrationEnvoy America, and will make decisions based on a majority votealso precludes you from participating in or recovering relief under any current or future class, collective, or representative (non-PAGA) action brought against the Company or Envoy America by someone else. Arbitration fees for the arbitration appeal will be allocated according to the AAA RulesWHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT BUSINESS DECISION. An award by a panel on appeal is finalIT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. A final award is subject to judicial review as provided by applicable lawYOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.