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CreditFacts Terms & Conditions

CREDIT REPORT NOTICE: We may request a credit report for any legitimate purpose associated with your application for credit, extending credit, modifying the terms of your credit agreement, or collection on your account. On your request we will inform you if such a report was ordered and will give you the name and address of the credit reporting agency that furnished the report.

NOTICE: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Federal agency that administers compliance with the law concerning this creditor is the Federal Trade Commission.
Delaware residents: Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month.

IMPORTANT INFORMATION ABOUT YOUR ACCOUNT KEEP THIS INFORMATION FOR YOUR RECORD

REVOLVING CREDIT AGREEMENT AND MEMBERSHIP DISCLOSURE STATEMENT
Merchant may assign all rights under this Agreement and any credit sale made pursuant to it (as evidenced by a revolving credit sales slip) to RAI Financial LLC. (“RFLLC”) and to RFLLC’s further assigns.

CreditFacts Standard $179.99 (Membership fees charged upon enrollment)
CreditFacts Plus $249.99 (Membership fees charged upon enrollment)


Interest Rates and Interest Charges

Annual Percentage Rate (APR) for Purchases 0.00% for 24 Months

For Credit Card Tips from the Consumer Financial Protection Bureau To learn more about factors to consider when applying for
or using a credit card, visit the Consumer Financial Protection Bureau’s website at http://www.consumerfinance.gov/learnmore.

Fees
Penalty Fees
Late Payment
Returned Payment
Over the Limit Fees Vary By State
Up to $30 See Paragraph 11 of Agreement Up to $30 See Paragraph 12 of Agreement Up to $25 See Paragraph 13 of Agreement

Annual Fee $99 annual fee is applied to your account in order to keep your account open.
See Paragraph 13 of Agreement for more details.

How We Will Calculate Your Balance: We use a method called the “Average Daily Balance (including new purchases).” See your Revolving Charge Agreement for more details.

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

This information is accurate on the date of your application and initial purchase. If any of this information changes you will be notified at least 45 days prior to any change and how to contact us regarding any change. All terms are subject to change.

1. GENERAL: If your credit application is approved and we open a revolving credit account for you, you may purchase personal /household goods and services on credit from the merchant where you opened your account. Purchases are pursuant to a revolving credit sales slip and you agree that all sales are subject to the terms of this Agreement.

2. PROMISE TO PAY: You agree to pay for all purchases made on your account, and other applicable charges or fees under this Agreement incurred by you or anyone you authorize or permit to use your account. If this account is a joint account, each joint account holder agrees to pay, and all account holders are jointly and severally responsible for all amounts owed on the account. If your account is referred for collections to an attorney who is not our salaried employee, you agree to pay reasonable attorney fees and reasonable collection costs to the extent allowed by law in your state. If your state does not allow attorney fees (IA, ME, OH, and WI), you agree to pay any statutory attorney fees and costs that may be awarded to us by a court of law.

3. CREDIT LIMIT: We set a credit limit on your account which we may modify at any time for any reason not prohibited by law. You may not charge purchases if it causes you to exceed your credit limit unless we allow such purchases. You agree to pay all amounts over your credit limit.

4. BILLING STATEMENT: We will mail or email you a statement each month you have an account balance greater than $1.00 at the address we have in our records. This statement will show credit purchases, late charges, NSF fees, previous balance, new balance, payments received, credits, total minimum payment due, and payment due date.

5. MINIMUM MONTHLY PAYMENT: All payments, except disputed payments, must be mailed or delivered to the address shown on your monthly billing statement. All payments must be made by electronic fund transfer, check or money order. Do not send cash. Cash or other nonconforming methods of payment may be rejected. We may accept partial or late payments or checks marked

“payment in full” or other restrictive endorsement without losing our right to receive the full amount owed. Your billing statement will include requirements for you to follow in making payments. Disputed payments, including those which indicate that the payment constitutes “payment in full” of the amount owed, must be mailed or delivered to the Customer Service address listed below. You agree to pay us at least the Total Minimum Monthly Payment reflected on your statement. You may pay more than the Total Minimum Monthly Payment and you may pay the entire amount due at any time. The Total Minimum Monthly Payment Due shown on your billing statement will be the sum of the Minimum Monthly Payment plus all past due amounts, late fees, and other charges. The Minimum Monthly Payment is calculated at the end of the first month in which you make a purchase, and will be calculated each month in which you make an additional purchase. Your Minimum Monthly Payments will be 5% of the “Highest Monthly Charge” balance or $30, whichever is greater, unless your account balance is less than $30 in which case the Minimum Monthly Payment will be equal to the account balance. You agree that any payment may be returned if your check is (i) not drawn in U.S. dollars on funds on deposit in the U.S.; (ii) missing a signature; (iii) drawn with different numeric and written amounts; (iv) contains a restrictive endorsement; (v) postdated; or (vi) not paid on presentment.

6. TRANSFER OF CREDIT CARD INFORMATION FOR MINIMUM BALANCE PAYMENT: When you provide a credit card or debit card, you authorize us either to use information from your account to make a one-time charge transactions from your account to satisfy the minimum monthly payment. When we use your card on file, the funds may be withdrawn from your account as soon as the same day we receive your payment. If there are insufficient funds in your account you authorize us to re-process the charge as indicated below until payment has been satisfied.

7. PREPAYMENT: You may pay your entire account balance at any time without penalty. If you do not pay the entire balance in full, you must make a minimum payment each month by the payment due date that appears on your billing statement. Under federal law, we are not required to refund any amounts less than $1.00.


8. DEFAULT: You are in default if: (a) you fail to make a required payment when due on two occasions in any 12 month period; (b) you fail to observe or perform any of the other covenants or duties contained in this Agreement if the failure materially impairs the condition, value or protection of our right in any Collateral, or materially impairs your ability to pay any amounts on your billing statement when due. You will receive a Notice of Right to Cure in the following states: Colorado, Iowa, Kansas, Maine, Massachusetts, Missouri, Nebraska, Pennsylvania, West Virginia and Wisconsin. If you fail to cure within the time allowed in your notice or within 30 days if you live in a state with no notice requirement, we may accelerate your balance.

9. SPECIAL CREDIT PROMOTION PLANS: We may occasionally offer special credit promotion plans for you to participate in at your option. Notwithstanding any other provision of this agreement, we may occasionally, at our option, offer special credit plans. Some of these special credit plans include, but are not limited to, the following: (a) Deferred Payment: Your first payment is deferred for a specific time period. If during a specified time period you pay in full the amount of your purchases made under this special credit plan. However, the minimum monthly payment must still be made during the Same As Cash time period.

10. LATE FEE: If your payment is more than 10 days late (15 days in ME or MA and 30 days in NC), you may be charged a late fee up to the amount indicated below for your state of residence. The late fee will be added to your account balance.

KS & MO if payment due is less than $25 – $5.00

AK, AR, CA, FL, KS, MO, MT, NJ, NC, OH, RI, SD $10.00

CO, D.C., IN, IA, NV, NH, NY, ND, OR, VT, WA $15.00

GA – $25.00

MN – $7.80 maximum 5% of payment due

KY & WY ($ 0minimum); ID, MI, TN ($ 15.00 minimum); HI, NE, VA 5% of payment due; $ 35.00 maximum*

UT 5% of payment due; $ 30.00 maximum*

OK ($5 minimum) 5% of payment due; $ 20.00 maximum

TX, WV 5% of payment due; $ 15.00 maximum

AZ, CT, IL, LA, MD, ME, PA, WI 5% of payment due; $ 10.00 maximum

NM, SC 5% of payment due; $ 5.00 maximum

MA 10% of payment due; $ 10.00 maximum

*($25.00 maximum-first occurrence in more than 6 months.)

11. RETURNED PAYMENT / NSF FEE: If any payment instrument or method is dishonored by your bank or the drawee, you agree to pay an NSF fee up to the amount indicated below for your state of residence. No NSF fee will be charged if your state of residence is DE, MD, NE or WY. If required by your state, you will receive a notice with instructions about the NSF service or collection fees, and if you fail to pay the fee we will add it to your account balance. We are not required to present payment instruments more than once to the drawee for payment. This fee will be added to your account balance.

*($25.00 maximum-first occurrence in more than 6 months.)

12. CREDIT LIMIT: We set a credit limit on your account which we may modify at any time for any reason not prohibited by law. You may not charge purchases if it causes you to exceed your credit limit unless we allow such purchases. You agree to provide your banking information in order for us to make a proper evaluation of your credit limit approval.

13. ANNUAL FEE: There is a $99 annual fee applied in order to keep your account open. The fee will be charged on the credit card on file.

14. ACCOUNT INFORMATION: You authorize us to furnish information about your account to credit reporting agencies and anyone else who may lawfully receive such information. On request, you agree to promptly provide us with accurate and updated financial and employment information. You agree to give us prompt notice of any change in your name, address, and telephone numbers. Where allowed by law, you authorize the Department of Motor Vehicles to release your address if it becomes necessary to locate you.

15. CHANGE IN TERMS: We may change the terms of this Agreement, as permitted by law, at any time. You will be notified of changes in accordance with applicable state and federal law, but in the event your state does not specify a time period, you will be notified at least 45 days in advance of any such changes, and such notice will be sent to your current address as shown on our records for your account. We count the days from the date we mail the notification.

16. CREDIT INVESTIGATION: You agree we may investigate your credit, employment, and financial status. You authorize us to obtain a credit report and any other information about your creditworthiness in connection with processing your application for credit, and subsequently in connection with any extension of credit, request to increase credit limits, or any renewal or update of your account, or to take collection action on the account, or to investigate disputes regarding the account. At your request, we will inform you if such reports were ordered, and the names of the credit bureaus that provided reports. You authorize the Department of Defense and its various departments and commands to verify your social security number or other identifier and disclose your home address to the authorized holder of this Agreement for purposes of performing or enforcing the terms of this Agreement. You authorize any past or present employer to confirm employment or communicate with us regarding your indebtedness to us if you fail to meet the terms and conditions of this Agreement. We use information furnished solely in connection with performing or enforcing the terms of this Agreement.

17. ACCOUNT CANCELLATION: We may cancel your account at any time for any reason subject to the requirements of applicable law. You may cancel your account by contacting Rai Financial at 1340 Teaneck Road, Floor 2, Teaneck NJ 07666. Your notice is effective on receipt. If you cancel your Account, you are still responsible for all amounts owed pursuant to the terms of this Agreement.

18. ASSIGNMENT: This Agreement is not effective until your application has been approved by RFLLC. We have the right to assign any or all of our rights under this Agreement to any assignee of our choosing. You may not assign this Agreement or any rights under it and any attempt to make such an assignment will be null and void. You understand that merchant and RFLLC are independent entities and not employees or agents of one another. This Agreement legally binds the parties and their respective heirs, representatives, executors, administrators, successors and assigns.

19. SEVERABILITY: If any provision of this Agreement is deemed void or unenforceable under any law, rule, or regulation, all other provisions remain in effect and enforceable.

20. NON-WAIVER: We do not lose any of our rights under this Agreement if we delay taking action for any reasons.

21. REPRESENTATION: You swear that all the information you supplied on your credit application and all the information on each revolving credit sales slip is and will be true, correct, and accurate. Any false, incorrect, or misleading information you knowingly supply is a deliberate misrepresentation.

22. PRIVACY ACT PROVISION: You hereby authorize the Department of Defense and its various departments and commands to verify your social security number or other identifier and disclose your home address to the authorized holder of this agreement so that the holder of this agreement may contact you in connection with your financial business. All information furnished will be used solely in connection with your financial business relationship with the holder of this agreement. You hereby authorize communication with any past or present employer regarding your indebtedness with the holder of this agreement should you fail to meet the terms and conditions of any loan or charge agreement executed by you.

23. MISCELLANEOUS: This agreement is not effective until your application has been accepted by us and signed and dated. You further understand that the agreement has been deemed to have been made in Colorado. We have the right to assign this agreement to any assignee of our choosing. If we accept late or partial payments or delay enforcing any of our rights under this agreement, we will not lose those rights. You may not assign this agreement or any rights under this agreement, and any attempt to assign will be null and void. If more than one person signs this agreement, each signer will be jointly and severally liable to us for any indebtedness incurred under this agreement. You acknowledge that the merchant is not our employee or Agent but is an independent company. This agreement constitutes the entire agreement between the parties and shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives, executors, administrators, successors and assigns. Any provision of this agreement which is prohibited by law shall be automatically reformed to be in compliance therewith and shall be ineffective to the extent so prohibited without invalidating the remaining provisions of this agreement.

24. STATE LAW RESIDENT NOTICES:
CALIFORNIA STATE NOTICE: Applicants may use the credit account up to its credit limit after credit approval; A negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

COLORADO RESIDENTS: Warning: The terms of this revolving charge account may be changed, whether or not authorized by agreement, in accordance with the Colorado UCCC and other applicable law.

DELAWARE: Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month.

DISTRICT OF COLUMBIA: Seller certifies that the information contained in the contract complies with the District of Columbia Municipal Regulations, Title 16, Chapter 1.

ILLINOIS: No applicant may be denied a credit card on account of race, color, religion, national origin, ancestry, age (between 40 and 70), sex, marital status, physical or mental handicap unrelated to the ability to pay or unfavorable discharge from military service. The applicant may request the reason for rejection of his or her application for a credit card. No person need reapply for a credit card solely because of a change in marital status unless the change in marital status has caused deterioration in the person’s financial position. A person may hold a credit card in any name permitted by law that he or she regularly uses and is generally known by, so long as no fraud is intended thereby.

MAINE: We may request a consumer report in connection with your application for credit. You may ask whether a consumer report was obtained by us and we will tell you the name and address of the consumer reporting agency, if a report was obtained. Charges incurred by use of your card are due and payable on receipt of your monthly statement.

MARYLAND: Finance charges will be made in amounts or at rates not in excess of those permitted by law. You may pay the entire balance at any time without incurring additional charges for prepayment.

NEW HAMPSHIRE: Consumer or Consumer’s attorney may file a complaint with the New Hampshire Commissioner of Banking.

VERMONT: We may obtain your credit reports at any time, for any legitimate purpose associated with the account or the application or request for an account, including but not limited to reviewing, modifying, renewing and collecting on your account. On your request we will inform you if such a report was ordered. If so, we will give you the name and address of the consumer reporting agency furnishing the report.

OHIO: Ohio anti-discrimination laws require creditors to make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on individuals upon request. The Ohio Civil Rights Commission administers these laws.

TEXAS: This contract is subject in whole or in part to Texas law which is enforced by the Consumer Credit Commissioner, 2601 N. Lamar Blvd., Austin, Texas 78705. Phone 512-936-7600. Contact the commissioner relative to any inquiries or complaints.

25. SECURITY AGREEMENT: You grant us a purchase money security interest under the Uniform Commercial Code in each household good purchased on account to the full extent permitted by law. To the extent allowed by law, you will pay all official fees and taxes, and on request, take any reasonable action requested by us to preserve the collateral or to establish, determine priority of, perfect, continue perfected, terminate or enforce our interest in it or rights under this agreement. If you do not make payments as agreed, this security interest allows us to take actions in accordance with state laws governing the enforcement of security interests in collateral. You further agree to keep the goods installed at the address on the credit application and to not remove or materially alter them without our written consent. You may lose the goods you purchased if you do not meet your obligations under this agreement.

26. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT TO THIS AGREEMENT OR WITH THE PROCEEDS FROM IT. DEBTOR’S RECOVERY UNDER THIS AGREEMENT MAY NOT EXCEED THE AMOUNT OF CREDIT OUTSTANDING.

Arizona residents – You must give us notice of your claim or defense in writing by certified mail within 90 days of receiving any goods or you may waive the right to set-offs or defense against assignee if assignee provides you a notice of your rights and you fail to exercise those rights pursuant to the terms of the notice. Iowa residents – You must give assignee notice within 30 days of assignment to assert claims and defenses against assignee. Oklahoma & South Dakota residents – You waive the right to bring a claim or defense against assignee if assignee provides you a notice of your rights and you fail to exercise those rights pursuant to the terms of the notice. Wisconsin residents – You waive the right to bring a claim or defense against assignee after 12 months if assignee provides you a notice of your rights to do so and you fail to exercise those rights pursuant to the terms of the notice of assignment. This waiver is in accordance with section 422.407 (4) of the Wisconsin Consumer Act. Wyoming residents – You waive the right to bring a claim or defense against assignee for 45 days after assignment if assignee provides you a notice of your rights and you fail to exercise those rights pursuant to the terms of the notice.


27: BILLING RIGHTS NOTICE:
Your Billing Rights: Keep this Document for Future Use
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.

What To Do If You Find A Mistake On Your Statement
If you think there is an error on your statement write us at:

Rai Financial
1340 Teaneck Road Floor 2
Teaneck NJ 07666

In your letter, give us the following information:
 Account Information: Your name and account number.
 Dollar Amount: The dollar amount of the suspected error.
 Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
You must contact us:
 Within 60 days after the error appeared on your statement.
 At least 3 business days before an automated payment is scheduled if you want to stop payment on the amount you think is wrong.
You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.

What Will Happen After We Receive Your Letter

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

While we investigate whether or not there has been an error:
 We cannot try to collect the amount in question, or report you as delinquent on that amount.
 The charge in question may remain on your statement.
 While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
 We can apply any unpaid amount against your credit limit.

After we finish our investigation, one of two things will happen:
 If we made a mistake: You will not have to pay the amount in question or other fees related to that amount.
 If we did not believe there was a mistake: You will have to pay the amount in question along with applicable fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you may write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.
If we do not follow the rules above, we cannot collect the first $50 of the amount you questioned amount, even if your bill was correct.

Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true:

1. The purchase must have been in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than
$50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services).

2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify.

3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:

Rai Financial
1340 Teaneck Road Floor 2
Teaneck NJ 07666

While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.


NOTICE TO BUYER: 1) DO NOT SIGN ANY PART OF YOUR REVOLVING CREDIT AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. 2) YOU ARE ENTITLED TO A COMPLETELY FILLED IN COPY OF ANY AGREEMENT WHEN YOU SIGN IT. 3) A FINANCE CHARGE WILL BE COMPUTED ON THE OUTSTANDING BALANCE EACH BILLING PERIOD IN ACCORDANCE WITH THE RATES ABOVE. 4) YOU MAY PAY YOUR TOTAL UNPAID BALANCE AT ANY TIME.

Rai Financial
1340 Teaneck Road Floor 2
Teaneck NJ 07666

CONSENT FOR ONLINE STATEMENTS

By electing to receive online e-Statements, you agree to receive and access your monthly periodic billing statement electronically. You will receive an email from us notifying you when your current RAI Financial Account statement is available. To view your billing statement you must click on the link in the email notification or sign in at ncdfinancial.com to access, view or print your statement. We reserve the right to send you paper statements at our discretion, even if you have given us consent to provide your statements electronically. If the email address you have provided to us is not deliverable, you will receive paper statements until the time you provide us a new valid email address. Once you have provided a new email address, you will begin to receive e-Statements.

You will continue to receive e-Statements other than in the two situations described above. If you wish to change your preference to not receive e-Statements and instead to receive paper statements, you must sign in at www.raifinancialmgt.com to change your preference from e-Statement delivery to paper statements. You may opt to change your preference at any time.

Communications may be sent to your email address provided to us by you. Communications may include your name and information about your Credit Account, including your balance or the due date. Electronic communications may be disclosed to any party with access to your Credit Account or email account. All communications in either electronic or paper format from us to you will be considered “in writing.”

By accepting e-statements, you agree to:
• Receive this information electronically, access and retain any disclosures received. To do this you will need a desktop or laptop personal computer with a minimum web browser that supports 128 bit encryption.
• Have ability to receive and read email.
• Receive statements electronically and confirm that you will download or print the statements for your records, acknowledge that you can access information that is provided electronically at this website.
• Acknowledge that you are providing your consent to receive electronic communications pursuant to the Electronic Signatures in Global and National Commerce Act and our intent that this statute applies to the fullest extent possible.

Important Notice: You understand that the information you have elected to receive is confidential in nature. We are not responsible for unauthorized access by third parties to information and/or communications provided electronically or any damages caused by unauthorized access. We are not responsible for delays in the transmission of any information. We are not responsible for any computer virus or related problems.

If your email address changes, you are required to notify us. You have the option to receive any information provided electronically in paper form. To receive specific information in paper form, or to notify us of a change in your email address, contact us at support@raifinancialmgt.com. You may also write us at RAI FINANCIAL LLC, 1340 Teaneck Road, Floor 2, Teaneck, NJ 07666.

Additional Mobile Technology Requirements: If you are accessing our site and the disclosures electronically via a mobile device (such as a smartphone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the statements presented to you. These applications can be found for most mobile devices in the device’s respective “app store.” If you do not have these capabilities on your mobile device, please access our site through a device that provides these capabilities.

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