PREPAID DEBIT CARD CARDHOLDER AGREEMENT

CARDHOLDER AGREEMENT IMPORTANT: PLEASE READ CAREFULLY

Omni Financial of Nevada, Inc., is a subsidiary of CashRepublic Holdings, Inc. and an affiliate of CashRepublic Financial, LLC (“CashRepublic”) the Program Manager.

Card Services Contact Information:
Write: Customer Support, P.O. Box 1808
Orlando, FL 32802-1808
Email: Support@cashrepublic.com
Call: 1-833-404-4121

Cardholder Website: www.OmniMilitaryLoans.com/debit-card.

This Cardholder Agreement (“Agreement”) is between you and Axiom Bank, N.A. (“Axiom Bank”), the issuer of your prepaid card. By using the Card, or allowing someone else to use the Card, you agree to the terms of this Agreement. THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING INDIVIDUAL ARBITRATION. THE TERMS OF THE ARBITRATION CLAUSE APPEAR AT THE END OF THIS AGREEMENT. For general information, visit cfpb.gov/prepaid.

Definitions. In this Agreement, the words “you” and “your” mean the owner of the Card (“Cardholder”), and any second cardholder. “Bank,” “we,” “us,” and “our” mean Axiom Bank, our successors, affiliates or assignees. CashRepublic is the entity managing the Card Program “Program Manager.” “Card” means the CashRepublic Prepaid Debit Card issued to you by Axiom Bank.

Charges to Your Card and Receipts. Each time you use your Card to purchase goods or services, you authorize us to reduce the funds available in your Card Account by the amount of the purchase or withdrawal in addition to any fees or costs. You can get a receipt at the time you make a transaction or obtain cash. You may not get a receipt for some smaller transactions.

How to Get Card Balance & Transaction History. Statements in electronic format will be made available free of charge by accessing your Card Account using the Omni mobile app. You may obtain information about the amount of money you have remaining in your Card Account by calling Card Services at the number listed above. This information, along with a 12-month history of account transactions, is also available by accessing your Omni mobile app. You also have the right to obtain a 24-month written history of account transactions by calling or emailing Card Services.

How to Close Your Card. Simply withdraw or spend down the amount in your Card Account, cut it up and throw it away, or call the number on the back of your Card to confirm your intent to close your Card Account. You may then cut up and throw away the Card. If preferred, you may call the number on the back of your Card to advise that you would like to close your Card Account and receive remaining funds by check.

Limits on the Use of Your Card

Your Obligation for Negative Balances. You must keep enough money in your Card Account to pay for each transaction. You are responsible for any amount that is charged in excess of your Card Account balance. If you have a negative balance on your Card Account, we may deduct the negative balance amount from any current or future funds on this or any other Card you register or maintain with us.

Load/Reload Limitations. The initial cash load to your Card Account will equal the amount of the Omni loan for which you were approved or the amount you personally load if you are not receiving an Omni loan, which amount will not exceed $10,000. Subject to the limitations in this Agreement, you may load funds to your Card Account any time after the initial cash load. We reserve the right to accept or reject any request to reload your Card Account at our sole discretion. The Card Account is not interest-bearing. All loads must be in U.S. dollars and cannot be completed at ATMs. Funds may be loaded to your Card Account through the following means:

Cash Loads: You can perform cash loads by presenting cash and your Card at Visa® ReadyLink reload network locations. Cash load services are provided by third parties. While we may allow use of load services to add funds to your Card Account, we do not provide these services and are not responsible for any service issues that may arise with them, except as otherwise stated in this Agreement. Use of a load service is subject to the terms and conditions established by the load service provider. Retailers or merchants that provide cash load services may charge a fee for the service.  Visit https://www.visa.com/locator/readylink to locate participating locations.

Direct Deposit and ACH: You may load funds to your Card Account by direct deposit from a third-party, including all or part of your paycheck or any federal or state government benefit or payment, or ACH. We use FIS Global as the ACH Technology provider together with their network of banks and financial institution partners to offer fund transfers from your bank account to your Card Account (“ACH transactions”). To arrange an ACH Transaction or direct deposit, you will need to provide the payer the bank routing number and Card Account Number associated with your Card. This information is available in your Omni Mobile App. The bank routing number and your assigned Card Account Number should be used only for direct deposits to your Card Account from a domestic payer and authorized ACH debit transactions. We reserve the right to reject, suspend and return any direct deposit that has identifying information that does not match the identifying information (such as name and Social Security number) we have on file for you. If we discover that a direct deposit in the name of someone else was loaded to your Card, we may deduct the amount of the deposit and return it. You should check with your payer for the effective date of any direct deposit they send to your Card Account. Generally, funds from direct deposit will be available on the day we receive the transfer. In case of load errors, your ability to withdraw funds may be delayed. Delayed funding will generally be available within seven (7) business days of the transfer.

Personal Identification Number (“PIN”). You will be asked to create a PIN when you activate your Card. Your PIN is a security feature and will be required for certain transactions including cash withdrawals and certain purchases. You agree to take reasonable steps to protect the security and confidentiality of your PIN, Card, and any other security information used to access your Card Account. You should never write your PIN on or keep it with your Card nor reveal it to any unauthorized person. You assume full responsibility for all PIN transactions. Please contact us immediately but no more than 2 business days for limited liability, if you believe your PIN has been stolen or unauthorized transactions are occurring on your Card. Visit the Mobile App or call Card Services if you lose or forget your PIN and need to reset it. Customer service agents cannot access or communicate your PIN.

Card Account Use and Purpose. Subject to the limitations set forth in this Agreement, you may use your Card, Card Number, or Account Number, as applicable, to (1) add funds to your Card Account, (2) transfer funds between Card Accounts, (3) purchase goods or services wherever your Card is honored as long as you do not exceed the value available in your Card Account and including your current POS daily spending, and (4) withdraw cash from your Card Account. There may be withdrawal limits and/or fees associated with some of these transactions which are described in the “General Limits on the Use of Your Card” and “Daily Debit Card Withdrawal Limits” sections below. For fee information, see the “List of All Fees” attached to this Agreement. You agree not to use your Card for illegal gambling or any other illegal purpose.

Digital Wallets. A digital wallet (“Wallet”) provides another way to make purchases with your Card where the Wallet is accepted. Follow the instructions of the Wallet provider to add or remove your Card to/from a Wallet. We do not charge you any fees for adding your Card to a Wallet or using your Card in a Wallet. The Wallet provider and other third parties such as your wireless or data service provider may charge you fees. We are not responsible for providing the Wallet service, any failure of the Wallet, or the privacy or security of your information that may be held by the Wallet provider.

General Limits on the Use of Your Card. The overall maximum amount of funds that can be loaded on to your Card Account is $10,000 per transaction. For security reasons, we may limit the amount, number or type of transactions you can make and any funding or reload of your Card. The Card is for personal use only. We may refuse to process any transaction that we believe may violate the law or the terms of this Agreement. You agree that you will: (1) not use the Card at unlawful domestic or international gambling web sites, or at payment processors supporting unlawful gambling web sites, or to purchase illegal goods or services; (2) promptly notify us of any loss or theft of the Card: and (3) promptly notify us of the loss, theft, or unauthorized disclosure of any PIN used to access Card funds. We may refuse to issue a Card, refuse to register a Card, refuse to allow you to sign up for a Card, revoke or suspend your Card privileges or cancel your Card with or without cause or notice, other than as required by applicable law. You cannot sell or transfer your Card to anyone else, and it can only be used by you or someone you authorize. If you authorize anyone else to use your Card, you are responsible for all transactions made by that person. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Card. We reserve the right to limit or block the use of the Card in foreign countries due to fraud or security concerns or to comply with applicable law.

Daily Debit Card Withdrawal Limits. You may withdraw only up to $600 from an ATM in a single day and up to $10,000 per teller transaction in a single day, unless otherwise indicated. We may, in our sole discretion, further limit your use of the Card at ATMs, and, in addition to our limits, an ATM owner or teller operator may impose additional withdrawal limits.

Money on Your Card May Be Held Until a Transaction is Completed. You do not have the right to stop payment on any purchase transaction originated by use of your Card, other than a Recurring Transaction as described in the Section below. When you use your Card to pay for goods or services, certain merchants may ask us to pre-authorize the transaction in advance and may estimate the final purchase amount. When you use your Card at an ATM or for a teller cash withdrawal transaction, we generally pre-authorize the transaction in advance (including all applicable fees). When we pre-authorize the transaction, we will place a “hold” on your Card’s funds for the amount indicated by the merchant, and this transaction will show as “pending” in your transaction history. We also may add an amount for certain merchants to ensure that sufficient funds will be available to cover the final transaction amount (such as to cover a tip at a restaurant). Transactions at certain merchants that pre-authorize high dollar amounts, especially rental car companies and hotels, may cause a “hold” on your available balance for up to 90 days. You will not be able to use the money on your Card that is “on hold.” We will release any remaining amount when the transaction finally settles.

Recurring Transactions. If you intend to use your Card for recurring transactions, you should monitor your balance and ensure you have funds available in your Card Account to cover the transactions. “Recurring transactions” are transactions that are authorized in advance by you to be charged to your Card at substantially regular intervals. We are not responsible if a recurring transaction is declined because you have not maintained a sufficient balance in your Card Account to cover the recurring transaction. If these recurring transactions may vary in amount, the person you are going to pay should tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.) If your Card was obtained through your employer or you receive electronic deposits of federal payments to your Card: If you have told us in advance to make regular payments (i.e., recurring transactions) from your Card Account, you can stop the payment by notifying us orally via phone or in writing at least three (3) business days before the scheduled date of the transfer. If you call, we also may require you to put your request in writing and get it to us within 14 days after you call. If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your direct losses or damages. If you have authorized a merchant to make the recurring transaction, you also should contact the merchant to stop the transaction.

Other Rights & Obligations Regarding Errors, Unauthorized Transfers, Failure to Make Transfers and Preauthorized Payments

In Case of Errors or Questions About Your Card. Call or write to us (see the Card Services Contact Information above) as soon as you can, if you think an error has occurred in your Card Account. We must allow you to report an error until 60 days after the earlier of: (1) the date you electronically accessed your account, provided the error could be viewed in the electronic history; or (2) the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling or by writing Card Services. When notifying us, you will need to tell us: (1) your name and Card number; (2) why you believe there is an error, and the dollar amount involved: and (3) approximately when the error took place. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provide a credit to your Card Account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete the investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit the Card Account.

For errors involving new card accounts, point-of-sale, or foreign initiated transactions, we may take up to 90 days to investigate your complaint or question. We may take up to 20 business days to provisionally credit your Card Account for the amount you think is in error. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error resolution procedures, visit the cardholder portal or contact Card Services by call or email.

Your Liability for Unauthorized Transfers. Tell us AT ONCE if you believe your Card or PIN has been lost or stolen, as you could lose all the money on your Card. If you tell us within two (2) business days after you learn of the loss or theft of your Card or PIN and you are not grossly negligent or fraudulent in the handling of your Card, you can lose no more than $50 if someone used your Card or PIN without your permission. If you do NOT tell us within two (2) business days after you learn of loss or theft of your Card or PIN, and we can prove that we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500.

Also, if your online or paper transaction history shows transfers that you did not make, including those made by your Card, PIN or other means, tell us at once. If you do not tell us within 60 days after the earlier of the date: (1) you electronically access your Card information online; or (2) we provide you with a written history of your Card transactions where the transaction in question could be viewed, you may not get back any Card value you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.

You Must Notify Us of Lost or Stolen Cards/Unauthorized Activity. You agree to notify us of the loss, theft or unauthorized disclosure of any number or PIN that might be used to access Card funds. If you believe the Card has been lost or stolen or that someone has transferred or may transfer value from the Card without authorization, immediately contact us at the address, website or phone number listed above in Card Services Contact Information. You agree to cooperate reasonably with us and our agents and service providers in our attempts to recover funds from, and to assist in the prosecution of, any unauthorized users of your Card. You agree that any unauthorized use does not include use by a person or merchant to whom you have given authority to use the Card or PIN and that you will be liable for all such uses by such person or merchant.

Our Liability for Failing to Make Transfers. If we do not complete a transaction to or from the Card on time or in the correct amount according to our Agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: (1) if, through no fault of ours, your Card funds are insufficient for the transaction or are unavailable for withdrawal (for example, because they have not been finally collected or are subject to legal process); (2) if the ATM where you are making the transfer does not have enough cash; (3) if a computer system, ATM, or POS terminal was not working properly and you knew about the problem when you started the transaction; (4) if a merchant refuses to honor the Card; (5) if circumstances beyond our control (e.g. flood, terrorist attack, national emergency) prevent the transaction, despite reasonable precautions that we have taken; (6) if you attempt to use a Card that has not been properly registered or activated; (7) if the Card or PIN has been reported as lost or stolen or has been suspended by us, if we have limited or revoked your Card privileges or if we have reason to believe the transaction is not authorized by you; (8) if there is a hold or  your funds are subject to legal process or other encumbrances restricting their use; (9) or as otherwise stated in this Agreement.

Other Rights & Terms

Disputes with Merchants. Neither the Bank nor CashRepublic is responsible for the delivery, quality, safety, legality or any other aspect of goods and services that you purchase using this Card.

Foreign Transactions. If you conduct a transaction in a currency other than U.S. dollars, the merchant, network or card association that processes the transaction may convert any related debit or credit into U.S. dollars in accordance with its then current policies. MasterCard and Visa currently use a conversion rate that is either: (1) selected from a range of rates available in the wholesale currency markets (note: this rate may be different from the rate the association itself receives), or (2) a government-mandated rate. The conversion rate may be different from the rate in effect on the date of your transaction and the date it is posted to your account.

FDIC Insurance. When you have loaded your Card Account, CashRepublic will make sure that there are enough funds at the Bank to cover the amount of money credited to your Card. The money credited to your Card will be held in a custodial account at the Bank on your behalf. The amount of money in this custodial account is insured to the maximum limit provided by the FDIC. FDIC insurance is provided by Axiom Bank, N.A.

Your Representations and Warranties. By setting up use of the Card, using or authorizing the use of the Card you represent and warrant to us that you are a U.S. citizen or legal alien residing in one of the 50 states, the District of Columbia or Puerto Rico.

Our Communication with You. You agree that we, our affiliates and agents, including service providers (“Authorized Parties”) may contact you, including by mail, telephone, text message, recorded message or email in any manner we choose, including an automated dialer device, whether at your home, place of employment, or on your mobile telephone, about any current or future accounts or applications, in connection with any product you have with us at any phone number or email you provided us; from which you contacted us; or which we obtain and believe we can reach you at. You agree that the Authorized Parties may monitor and record your telephone and electronic communications with us at any time, without further notice to you or any party to the communication.

Information Given to Third Parties. We may disclose information to third parties about you, the Card, and the transactions on your Card: (1) where it is necessary or helpful for completing transactions; (2) in order to verify the existence and condition of the Card for a third party (e.g., a merchant); (3) in order to comply with government agency or court orders; (4) if you give us consent; (5) to service providers who administer the Card or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; (6) in order to identify, prevent, investigate or report possible suspicious or illegal activity; (7) in order to issue authorizations for transactions on the Card; and (8) as permitted by our Privacy Policy. Please see our Privacy Policy for further details. We can also disclose information that is not personally identifiable for other purposes.

Notices. We may send notices to you at the last postal address we have on file for you in our records.

Change in Terms. Subject to the limitations of applicable law, we may at any time add to, delete or change the terms of this Agreement by sending you a notice (unless otherwise stated in this Agreement that no notice shall be required). We may not give you notice if we need to make the change immediately to comply with applicable law or to maintain or restore the security of the Card or any related payment system. If any such change becomes permanent and disclosure to you of the change would not jeopardize the security of the Card or any related payment system, we will provide notice to you within 30 days from the making of the change or as otherwise permitted or required by law. See the paragraph titled “Notices” for information on where we will send any such notices.

Our Business Days. Our business days are Monday through Friday, excluding federal and legal banking holidays.

Governing Law/Jurisdiction. This Agreement will be governed by and interpreted in accordance with Federal law and, to the extent Federal law does not apply, by the laws of the State of Florida. You consent and submit to the exclusive jurisdiction of the state and federal courts in Florida with respect to all controversies arising out of or in connection with the use of the Card and this Agreement

Entire Agreement; Severability. This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to its subject matter and supersedes any prior or contemporaneous understandings or agreements with respect to their subject matter. If any of the terms of this Agreement are invalid, or declared invalid by order of court, change in applicable law, or regulatory authority, the remaining terms of this Agreement shall not be affected, and this Agreement shall be interpreted as if the invalid terms had not been included in this Agreement.

Disclaimer of Warranties. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, REGARDING THE CARD, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES FOR A PARTICULAR PURPOSE.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR OR RIOTS: THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES: COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM.IN THE EVENT THAT WE ARE HELD LIABLE TO YOU,YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR CASHREPUBLIC SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

Acknowledgment of Arbitration. Your Card is being made available by the Bank on the basis of your acceptance of the following arbitration clause. By accepting your Card, you acknowledge that you are giving up the right to litigate Claims if either party elects arbitration of the Claims pursuant to this clause, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this Agreement. You further acknowledge that you have read this arbitration provision carefully, agree to its terms, and are entering into this Agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Agreement.

ARBITRATION NOTICE

Significance of Arbitration; Limitations and Restrictions. IF YOU OR WE CHOOSE TO RESOLVE A CLAIM BY BINDING ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO (i) HAVE A COURT OR JURY DECIDE THE CLAIM BEING ARBITRATED, (ii) ENGAGE IN PRE-ARBITRATION DISCOVERY (THAT IS, THE RIGHT TO OBTAIN INFORMATION FROM THE OTHER PARTY) TO THE SAME EXTENT THAT YOU OR WE COULD IN COURT, (iii) PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS IN A CLASS ACTION, IN COURT OR IN ARBITRATION, RELATING TO ANY CLAIM SUBJECT TO ARBITRATION OR, (iv) JOIN OR CONSOLIDATE CLAIMS OTHER THAN YOUR OWN OR OUR OWN. OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

Except as set forth below, the arbitrator’s decision will be final and binding.  Only a court may decide the validity of items (iii) and (iv) above. If a court holds that items (iii) or (iv) are limited, invalid or unenforceable, then this entire Arbitration Provision will be null and void. You or we can appeal any such holding. If a court holds that any other part(s) of this Arbitration Provision (other than items (iii) and (iv)) are invalid, then the remaining parts of this Arbitration Provision will remain in force. An arbitrator will decide all other issues pertaining to arbitrability, validity, interpretation and enforceability of this Arbitration Provision. The decision of an arbitrator is as enforceable as any court order and may be subject to very limited review by a court. An arbitrator may decide a Claim upon the submission of documents alone, or a party may request a telephonic hearing if permitted by applicable rules. The exchange of non-privileged information relevant to the Claim, between the parties, is permitted and encouraged. Either party may submit relevant information, documents or exhibits to the arbitrator for consideration in deciding a Claim.

Jury Trial Waiver. IN THE EVENT THE ARBITRATION CLAUSE IS DEEMED INVALID OR UNENFORCEABLE, YOU AND AXIOM BANK HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY, AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY MATTERS NOT SUBMITTED TO ARBITRATION, INCLUDING ANY LITIGATION ARISING OUT OF THIS AGREEMENT, RELATING TO THE ACCOUNT, OR ANY OTHER DISPUTE OR CONTROVERSY BETWEEN YOU AND US OR ANY OF AXIOM BANK’S EMPLOYEES, OFFICERS, DIRECTORS, PARENTS, CONTROLLING PERSONS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS. THIS WAIVER APPLIES TO ANY CLAIMS THAT WOULD HAVE OTHERWISE BEEN ARBITRATED, ENSURING THAT SUCH CLAIMS ARE RESOLVED THROUGH A BENCH TRIAL INSTEAD OF A JURY TRIAL.

THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE.

PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.

Arbitration of Claims. Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross- claims and third-party claims, arising from or relating to (1) the Card; (2) any service relating to the Card; (3) the marketing of the Card; (4) this Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (5) any other agreement or instrument relating to the Card or any such service (“Claim”), shall be decided, upon the election of you or the Bank (or CashRepublic or the Bank’s agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration. Arbitration replaces the right to litigate a claim in court or to have a jury trial. The American Arbitration Association (“AAA”) shall serve as the arbitration administrator. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with the AM by contacting the AM as follows: on the web at www.adr.org or by writing to AAA at 1633 Broadway, 10th Floor, New York, NY 10019. Notwithstanding the foregoing terms of this paragraph, this agreement to arbitrate shall not apply to any account, contract, loan, credit transaction, or relationship that constitutes “consumer credit,” as defined in the U.S. Department of Defense regulation implementing the Military Loan Act, 32 CFR §§ 232.3(f)(1) and (f)(2) and under which you are a “covered borrower.”

Other Claims Subject to Arbitration. In addition to Claims brought by either you or the Bank, Claims made by or against CashRepublic or by or against anyone connected with you or the Bank or claiming through you or the Bank (including a second cardholder, employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy) shall be subject to arbitration as described herein.

Exceptions. We agree not to invoke our right to arbitrate any individual Claim you bring in small claims court or an equivalent court so long as the Claim is pending only in that court. This arbitration provision also does not limit or constrain the Bank’s right to interplead funds in the event of claims to Card Account funds by several parties.

Individual Claims Only. Claims may be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public or on behalf of any other person, unless otherwise agreed to by the parties in writing. However, co-applicants, second cardholders and authorized users of a single Card and/or related cards are considered as one person, and the Bank, its officers, directors, employees, agents, and affiliates are considered as one person.

Arbitration Fees. If you initiate arbitration, the Bank will advance any arbitration fees, including any required deposit. If the Bank initiates or elects arbitration, the Bank will pay the entire amount of the arbitration fees, including any required deposit. The Bank will also be responsible for payment and/or reimbursement of any arbitration fees to the extent that such fees exceed the amount of the filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction over the Claims.

Procedure. A single arbitrator will resolve the Claims. The arbitrator will be a lawyer with at least ten years’ experience or who is a former or retired judge. The arbitration shall follow the rules and procedures of the arbitration administrator in effect on the date the arbitration is led, except when there is a conflict or inconsistency between the rules and procedures of the arbitration administrator and this arbitration provision, in which case this arbitration provision shall govern. Any in-person arbitration hearing for a Claim shall take place within the federal judicial district in which you live or at such other reasonably convenient location as agreed by the parties. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and shall honor all claims of privilege and confidentiality recognized at law. All statutes of limitations that would otherwise be applicable shall apply to any arbitration proceeding. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any appropriate court may enter judgment upon the arbitrator’s award. This arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA.

Fees

Fees That May be Charged to Your Card. All fees assessed are deducted from the available balance in your Card Account. In addition to the fees listed below, we may offer additional products, services and features from time to time, and the fees for those offerings will be disclosed to you at the time they are offered.

LIST OF ALL FEES FOR OMNI FINANCIAL PREPAID DEBIT CARD

Register your card for FDIC insurance eligibility and other protections. FDIC insurance is provided by Axiom Bank, N.A. Your funds will be held at or transferred to Axiom Bank N.A., an FDIC-insured institution. Once there, your funds are insured up to $250,000 by the FDIC in the event Axiom Bank fails, if specific deposit insurance requirements are met and your card is registered. See fdic.gov/deposit/deposits/prepaid.html for details.

No overdraft/credit features.

Contact Customer Service by calling 833-404-4121, by mail at P.O. Box 81844 Las Vegas, NV, 89180-1844, or visit www.omnimilitaryloans.com

For general information about prepaid accounts, visit cfpb.gov/prepaid.

If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit consumerfinance.gov/consumer-tools/prepaid-cards/.