SUTTON BANK TAPT MONEY OPEN-END LINE OF CREDIT AGREEMENT

IMPORTANT – PLEASE READ CAREFULLY:

THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE (“ARBITRATION CLAUSE”) REQUIRING ALL CLAIMS TO BE RESOLVED THROUGH BINDING ARBITRATION AND WAIVING YOUR ABILITY TO PARTICIPATE IN CLASS ACTION LAWSUITS OR JURY TRIALS. You may reject the Arbitration Clause by sending us written notice within 45 days after your first Cash Advance.

As a condition of the TAPT Money Line of Credit, you must consent to and have the ability to receive electronic disclosures.  If you withdraw that consent at any time, we will close your TAPT Money Line of Credit, and your access to the line of credit will be suspended.  You will still be required to repay the entire outstanding amount including any assessed fees.  If the account has a credit balance, the amount will be transferred to your TAPT Debit account.

FOR THE PURPOSE OF MAKING MANUAL OR AUTOPAY PAYMENTS, YOU MUST SIGN AN ELECTRONIC PAYMENT AUTHORIZATION. SEE SECTION 5(h) FOR DETAILS.

CUSTOMER SERVICE CONTACT INFORMATION:

Address: 11766 Wilshire Blvd. Suite 300, Los Angeles, CA 90025

Website: www.TAPTMoney.com

Toll-Free Customer Service Number: 1-888-721-3821

1. THE OPEN-END LINE OF CREDIT PROGRAM

This Open-End Line of Credit Agreement (“Agreement”) between you and Sutton Bank, a member of the Federal Deposit Insurance Corporation (“FDIC”) and an Ohio state-chartered bank, governs your use of an open-end line of credit for personal, family, or household purposes (“TAPT Money Line of Credit” or “Account”) as provided to you by Sutton Bank.  In this Agreement, you, the borrower, are identified as you or your, inclusive of any person responsible for paying back all amounts you owe us under this Agreement, and any other person who uses or accesses your TAPT Money Line of Credit. Sutton Bank, the creditor on your TAPT Money Line of Credit, is identified as the Bank, we, us, and our.

You should read this Agreement and fully understand how your TAPT Money Line of Credit works before proceeding.  By clicking the [I ACCEPT] button below, you agree to be bound by this Agreement.  If you have any questions, contact Customer Service.

The following definitions apply to this Agreement.  Any terms not defined below have the meaning indicated in the Tapt App Terms of Service.

Application is the credit application you submitted to us in connection with your TAPT Money Line of Credit.

AutoPay or Autopay Amount is an optional preauthorized recurring automatic payment to us made on your Payment Due Date by authorizing us to debit your External Bank Account.  See Section 5 for details.

Available Credit is determined by subtracting your Balance from your Credit Limit.

Balance is the total amount outstanding on your TAPT Money Line of Credit.

Balance Fee is the finance charge assessed for each Billing Cycle and determined based on the amount of your Carried Balance for that Billing Cycle as displayed on a Statement.

Billing Cycle is the period of time between Statements.

Business Day is any day except Saturday, Sunday, and federal holidays.

Cash Advance is a draw on your TAPT Money Line of Credit.

Carried Balance is the amount used to determine the Balance Fee charged for each Billing Cycle.  It is the remaining loan balance at the end of the Billing Cycle after applying any payments made during the Billing Cycle.

Credit Limit is the maximum borrowed amount you can have outstanding on your TAPT Money Line of Credit.

Covered Borrower refers to active duty members of the military and their dependents, as defined in the Military Lending Act (MLA) at 32 CFR Part 232 and includes, but is not limited to: (1) members of the Army, Navy, Marine Corps, Air Force, or Coast Guard currently serving on active duty or under a call or order that does not specify a period of 30 days or fewer; (2) a member serving on Active Guard and Reserve duty; and (3) the spouse or other dependents of such foregoing persons.

External Bank Account is the account that you link to your TAPT Money Line of Credit through the TAPT App or otherwise, for the purpose of making payments on your TAPT Money Line of Credit.

FCTI is FCTI, Inc. or any of its successors or assigns.

FCTI Demand Deposit Account is the demand deposit account you have with the Bank in connection with your TAPT Account.

Past Due Amount is any amount you owe us that was not paid by the Payment Due Date as required by this Agreement.

Payment Due Date is the date shown on your Statement on or before which you must pay at least the Required Payment.

Pay Frequency means the frequency with which you receive income as indicated in the Application.  The choices are weekly, bi-weekly, or semi-monthly.

Processing Fee is the fee charged for each Cash Advance at the time you request that money be transferred from the TAPT Money Line of Credit into the FCTI Demand Deposit Account.

Required Payment is the amount you agree to pay each Billing Cycle to keep your TAPT Money Line of Credit current as explained in Section 5(d) of this Agreement.

Statement is the periodic statement issued for each Billing Cycle that describes, among other things, your Balance, payments, fees, charges, Past Due Amounts (if any), and your Required Payment and Payment Due Date.

TAPT Account is the account you establish to use the TAPT App and related services. 

2. ACCOUNT OPENING

Important Information About Opening An Account

To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens a TAPT Money Line of Credit.

What this means for you: When you open a TAPT Money Line of Credit, we may ask for your name, address, date of birth, taxpayer identification number, and other information that will allow us to identify you.  We may also ask to see your driver’s license or other identifying documents.  We may also request additional identifying information and documentation from time to time in connection with your access to certain Account features, functionality, or services.

After your TAPT Money Line of Credit is opened, we may ask again to see a copy of your driver’s license or other identifying documents at any time if we deem it necessary to verify your identity, address, or transactions on your TAPT Money Line of Credit.  If we ask for specific identifying documents, we will have the right to immediately close or suspend your Account if those specific documents are not provided.

2. TRUTH IN LENDING DISCLOSURES

How We Calculate Your Carried Balance: We use a method called “ending balance.”  See the Balance Computation Method section in your Sutton Bank TAPT Money Open-End Line of Credit Agreement below for more details.

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights are in your Sutton Bank TAPT Money Open-End Line of Credit Agreement below.

Paying Finance Charges: There is no grace period within which you will not be charged a finance charge after you take a draw on your TAPT Money Line of Credit.

    3. IMPORTANT INFORMATION ABOUT YOUR TAPT MONEY LINE OF CREDIT

          a.  Eligibility and Activation

To be eligible for a TAPT Money Line of Credit, you must first open the FCTI Demand Deposit Account.  You must also meet at least the minimum eligibility criteria, as determined by the Bank in its sole discretion.  Covered Borrowers are not eligible for a TAPT Money Line of Credit.  Your TAPT Money Line of Credit is established following our verification of the information in your Application, including successful verification of your identity, and our approval of your Application.  If we decide that you did not meet our eligibility criteria in effect when you applied for your TAPT Money Line of Credit, you will be in default.  You represent and warrant that:

• You are at least 18 years old (or older if you reside in a state where the majority age is older);
• You reside in a state in which we offer the TAPT Money Line of Credit;
• You have a regular source of income or benefits;
• The personal information that you provide to us in connection with your TAPT Money Line of Credit is true, correct, and complete;
• You agree to make payments using one of the payment options described in Section 5;
• You provide a valid e-mail address and consent to receive electronic disclosures;
• You meet our credit underwriting standards; and
• You agree to and are not in default of this Agreement.

You authorize us, and FCTI as our agent when acting on our behalf, to obtain credit reports and/or other credit information about you from time to time to review your TAPT Money Line of Credit, your continued eligibility for your TAPT Money Line of Credit, and for any other permissible purpose.

Your TAPT Money Line of Credit is an individual account. We do not permit joint accounts or co-signers.

Your TAPT Money Line of Credit is established and activated upon approval and verification of the information in your Application.  You must also link the External Bank Account, which must be titled in your name and held by a U.S. financial institution, to the TAPT Money Line of Credit for repayment purposes.

We may, in the future, offer new services and/or features through www.TAPTMoney.com.  Any new features and/or services will also be subject to this Agreement and any other applicable terms.

          b. Accessing and Using your TAPT Money Line of Credit

You may request Cash Advances using the TAPT App.  The Cash Advance amount we will transfer to the FCTI Demand Deposit Account is the total amount of the Cash Advance you request.  We add the Processing Fee to your Balance. 

Your TAPT Money Line of Credit is an open-end consumer loan, and you are responsible for all activity conducted with your TAPT Money Line of Credit.  Any use of your TAPT Money Line of Credit will be treated as if you had used it yourself.  When you request and are approved for a TAPT Money Line of Credit and take a Cash Advance, you are borrowing money from us, and you will be required to repay all such amounts you borrow.  When you request a Cash Advance, you authorize us to deliver those funds to your FCTI Demand Deposit Account.  Once we deliver your TAPT Money Line of Credit funds, you will be required to repay us for those funds and any associated fees.

You may not use your TAPT Money Line of Credit to conduct any commercial or business purpose transactions or for any other purpose not specifically authorized by this Agreement.  We may refuse to disburse funds from your TAPT Money Line of Credit (i) if doing so may result in a violation of any provision of this Agreement or applicable law, (ii) to enable us to preserve our rights under this Agreement, or (iii) for any other reason in our sole discretion.

In addition, you may not be permitted to use your TAPT Money Line of Credit if: (i) you fail to make any payment you owe us under this Agreement by the Payment Due Date; (ii) your TAPT Money Line of Credit is in default or otherwise not in good standing; or (iii) your access to your TAPT Money Line of Credit has been suspended.

Notwithstanding any other provision of this Agreement, and regardless of your then-current Credit Limit or Available Credit, we reserve the right to suspend access to additional Cash Advances, or otherwise restrict your use of your TAPT Money Line of Credit, at any time, for any reason as determined in our sole discretion, including security reasons, fraud or suspicion of fraud, or a change in laws or regulations or the interpretation of them.  If your access to additional Cash Advances is suspended, we may reinstate your access to additional Cash Advances as determined in our sole discretion.

The TAPT App is the sole means of access to your TAPT Money Line of Credit.  Should you require additional assistance, please contact Customer Service.

        c. Canceling Cash Advances

If we have NOT yet transferred a requested amount of a Cash Advance to your FCTI Demand Deposit Account, you may cancel a Cash Advance request at no cost by calling Customer Support at 1-888-721-3821 or emailing us at support@TAPTMoney.com.  If we already transferred the Cash Advance amount to your FCTI Demand Deposit Account, you must provide, and we must receive, your written notice of cancellation (Cancellation Notice) prior to 5:00 PM Eastern Time on the 5th Business Day after you made the Cash Advance request (Cancellation Deadline).  If we receive the Cancellation Notice before the Cancellation Deadline, we will make one attempt to debit your FCTI Demand Deposit Account for the amount of the Cash Advance being cancelled.  If we do not receive the full amount of the cancelled Cash Advance by the Cancellation Deadline then we will be unable to process your cancellation.  You must repay the Cash Advance you received, and any related fees and charges you owe us, as set forth in this Agreement.  If you received the Cash Advance, you will be responsible for the Processing Fee whether the Cash Advance cancellation is successful.

          d. Credit Limit; Available Credit

Credit Limit. Your Credit Limit is the maximum amount of credit we may extend to you under your TAPT Money Line of Credit.  We may, at any time, and upon notice when required by law, change your Credit Limit based on your use of your TAPT Money Line of Credit, your payment history, and other factors, at our discretion.  Your Balance may never be greater than your Credit Limit.

Available Credit. Your Available Credit is the amount of credit available to you at any given time from which you can request a Cash Advance. Available Credit is determined by subtracting your Balance from your Credit Limit.  If your TAPT Money Line of Credit has a Past Due Amount or is otherwise suspended, your Available Credit is zero.

How to obtain your Credit Limit and your Available Credit: (a) Log into the TAPT App; (b) call TAPT Money Customer Support at 1-888-721-3821; or (c) write TAPT Money Customer Support at 11766 Wilshire Blvd., Suite 300, Los Angeles, CA 90025.  While we do our best to provide the most up-to-date information about your TAPT Account, FCTI Demand Deposit Account, and TAPT Money Line of Credit, there may be some delay in reflecting new transactions, and we cannot guarantee the accuracy of this information.

You are responsible for keeping track of your Balance, Credit Limit, and Available Credit.  Our general practice is to decline transactions that will cause you to exceed your Credit Limit or Available Credit.  If we do honor these transactions, you are responsible for paying us back in full immediately, and these limits will not increase.  We may increase or decrease your Credit Limit or Available Credit at any time, in our sole discretion.  We are not required to extend credit up to your maximum Credit Limit if it would cause you to exceed your Available Credit.

          e. Communications

To the extent not prohibited by applicable law, you authorize us and each of our affiliates, agents, contractors, successors, and assigns, to contact you to service or maintain your TAPT Money Line of Credit.  You agree that these contacts are not unsolicited for purposes of state or federal law.  You further agree that we, our affiliates, agents, contractors, successors, and assigns may: (i) contact you in any way, including mail, email, calls, and texts via mobile, wireless, or other device, and using automated telephone equipment or prerecorded messages; (ii) contact you at any number that you have given us, any number we have for you in our records, and any number you call us from, including your cellular or other wireless device, even if that number is a wireless, cellular, or mobile number, is converted to a mobile/wireless number or connects to any type of mobile/wireless device, and even if such telephone number is currently listed on a Do Not Call Registry; and (iii) contact you at any email address you provide to us or any of our affiliates, agents, contractors, successors, assigns, or any other person or company that provides any services in connection with this Agreement.

We may monitor, tape, or electronically record our telephone calls with you, including any calls with our customer service department, collection department, and any of our agents, contractors, or service providers.  You agree you will accept calls from us regarding your TAPT Money Line of Credit.  You understand these calls could be automatically dialed and a recorded message may be played.  You agree to notify us immediately if you change your email address, postal mailing address, or phone number.  If there is more than one owner or person liable on your TAPT Money Line of Credit, you agree that all Statements and notices may be sent solely to the address shown on our billing records, and that, to the extent permitted by law, notice to one person that owns or is liable on the TAPT Money Line of Credit constitutes notice to all.  Your TAPT Money Line of Credit is an electronic account and you agree and consent to our Consent to Electronic Communications.  We may send communications electronically, rather than through U.S. mail or other means, unless applicable law says otherwise.  We may require you to agree to communicate with us by electronic means in order to open and maintain a TAPT Money Line of Credit.

Any written notice you give us is effective after we actually receive and act on it, and it must be given to us according to the specific delivery instructions we provide.  We must receive it in time to have a reasonable opportunity to act on it.

          f. Changes to Your Contact Information.

You are responsible for notifying us of any change in your name, physical address, phone number, mailing address, or email address.  Requests for address or name changes may be subject to additional verification requirements.

We will attempt to communicate with you only by use of the most recent contact information you have provided to us.  You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you.

We cannot accept responsibility for any email messages not received by you, or for any delay in the receipt or delivery of any email notifications.  If you make your email account available to any other individual, you agree that you are responsible for any release of your TAPT Money Line of Credit information to such individual.

    4. FEES & STATEMENTS

          a. Finance Charges and Fees

We will charge finance charges and fees as disclosed in the fee table at the beginning of this Agreement. Finance charges begin to accrue from the day funds are disbursed.

          b. Balance Computation Method

Ending Balance Method

We figure the finance charge on your account by adding the relevant Balance Fee indicated in the Truth in Lending Disclosures to the amount you owe at the end of each Billing Cycle (including new Cash Advances and deducting payments and credits made during the Billing Cycle).

          c. Statements

You will receive a Statement for each Billing Cycle for which there is a Balance, or as otherwise required by law.  Your Statement will be generated 15 days prior to the Payment Due Date for each Billing Cycle.  We will send a notice to the email address listed in your TAPT Account that your Statement is available.  Your Statement is also available electronically in the TAPT App.  If required by law, we will also mail your Statement to the mailing address we have on file for your TAPT Account.

    5. PAYMENTS

          a. Promise to Pay

You promise to pay us the Balance of your TAPT Money Line of Credit, all applicable fees and charges, including finance charges, and all other amounts you owe us under this Agreement.

          b. Payment Due Date

Your Payment Due Date will be the same day of the month as your first Cash Advance; however, if you take your first Cash Advance on the 29th, 30th, or 31st day of a month, your Payment Due Date will subsequently be on the 1st day of the month.

You may request a change to your Payment Due Date subject to certain eligibility requirements we establish.  To initiate a Payment Due Date change request, please call Customer Support at 1-888-721-3821 or email us at support@TAPTMoney.com.  We will send a notice to the email address listed in your TAPT Account regarding the status of your request within two Business Days, including requests for additional information when needed. See Section 5(d) for details on your Required Payment.

Your Available Credit is displayed in your TAPT Money Line of Credit page within your TAPT App.  There may be a delay between when you make a payment and when you can request a new Cash Advance while we verify that you have sufficient Available Credit to cover the amount of the Cash Advance, that the Cash Advance will not cause you to exceed your Credit Limit and/or that any payments we have received from you have settled. 

         c. Maximum Number of Billing Cycles Per Cash Advance

You may repay any Cash Advance you take on your TAPT Money Line of Credit over the maximum number of Billing Cycles indicated below.

          d. Required Payment

You agree to pay at least the Required Payment by the Payment Due Date shown on each Statement.

Your Required Payment for each Billing Cycle is calculated at the end of each Billing Cycle and includes the amount including fees (Processing Fee and Balance Fee) and a portion of the outstanding Carried Balance to pay off your outstanding balance over the maximum number of Billing Cycles outlined above.

If your Balance is $9.99 or less, your Required Payment is equal to your Balance.

When you request a Cash Advance, we will tell you what your Required Payment and Payment Due Dates will be, assuming you take no additional Cash Advances before you pay the entire Balance.  Your Required Payment will change if you take a subsequent Cash Advance.

You can pay off your Balance faster by paying more than the Required Payment or paying the entire Balance in full through manual payments. 

There may be a delay between when you make a payment and when your Available Credit is updated to reflect your payment.

          e. Application of Payments

Payments are applied to any outstanding Required Payments for which a Statement has been issued, in the order of their Payment Due Dates, beginning with the earliest Payment Due Date.  Payments are applied to each Required Payment in the following order: Processing Fees, if any followed by Balance Fees, if any, and then to any remaining portion of the unpaid Cash Advance.  Once all Required Payments have been satisfied, payments are applied to any Balance that remains unpaid.

We accept partial payments less than your Required Payment.  If your payment does not satisfy the entire Required Payment, your payment will be applied in the order listed above. Our acceptance of partial payments does not change your obligation to pay us all amounts you owe us under this Agreement when due.

If you pay us more than your Balance, you agree that we may set off the excess against any amounts you owe us on any other loan or otherwise.

          f. Prepayment

You may prepay any portion of your Balance before it is due without penalty.

          g. Payment Options

You may make payments using the following payment methods:

One-Time Electronic Payment: You may make a one-time electronic payment through the TAPT App using the manual payment process.  Any one-time electronic payment scheduled before 2PM Eastern Time will be applied on the same day.  By initiating a one-time electronic payment, you authorize us or FCTI to debit the External Bank Account as detailed further in Section 5(h) below. 

AutoPay: If you select AutoPay, you authorize us or FCTI to automatically process the Required Payment noted on your Statement on each Payment Due Date and to debit the total amount from your External Bank Account.  The Autopay Amount will be equal to the Required Payment, not including Past Due Amounts.  Your AutoPay Amount will not cover your Required Payment if there is any Past Due Amount.  You must make arrangements to pay all Past Due Amounts using another permitted payment method to satisfy your Required Payment. 

You can view your scheduled AutoPay payments in the TAPT App.  If you want to change or cancel a scheduled AutoPay payment or recurring AutoPay authorization, you must call Customer Support at 1-888-721-3821 or write to TAPT Money Customer Support, 11766 Wilshire Blvd., Suite 300, Los Angeles, CA 90025 before 5:00 PM Eastern Time on the calendar day prior to your next Payment Due Date.  If you want to change the amount of your Additional AutoPay Amount or cancel your Additional AutoPay authorization, you may do so within the TAPT App before 5:00 PM Eastern Time on the calendar day prior to your next Payment Due Date.

          h. Electronic Payment Authorization

For the purpose of making manual or AutoPay payments, you must sign the separate Electronic Payment Authorization.  Once you elect to use AutoPay by signing the Electronic Payment Authorization, your authorization to pay the AutoPay Amount on each Payment Due Date on which you have a Balance will remain in effect until you or we revoke your authorization in accordance with the terms of the Electronic Payment Authorization.  If you take a subsequent Cash Advance and would like to pay an Additional AutoPay Amount for the subsequent Cash Advance, you must create a new authorization. 

By accepting the terms of the Electronic Payment Authorization, you agree to the following:

You authorize us, including our successors, affiliates, agents, representatives, employees and assigns to initiate automated debit entries to your External Bank Account for the AutoPay Amount on the Payment Due Date as shown on each Statement.

If your Payment Due Date falls on a non-Business Day, your payment will be credited to your TAPT Money Line of Credit as of your Payment Due Date, but your AutoPay will be processed the next Business Day.

For each AutoPay payment, whenever an ACH debit entry is returned for insufficient funds, we may reinitiate an ACH debit entry for that payment up to two additional times after the first presentation.  If your TAPT Money Line of Credit account is in default, we may initiate one or more ACH debits to your External Bank Account for the entire amount you owe or such lesser amount as we may choose.  See Section 6 for details on default.

The Electronic Payment Authorization remains in full force and effect as long as your External Bank Account is open unless and until you revoke your Electronic Payment Authorization.  You may revoke the Electronic Payment Authorization by calling Customer Support at 1-888-721-3821 or writing to TAPT Money Customer Support, 11766 Wilshire Blvd., Suite 300, Los Angeles, CA 90025.  If you revoke the Electronic Payment Authorization, you agree to make payments on your TAPT Money Line of Credit by another method as set forth in Section 5(g) above.  If you revoke the Electronic Payment Authorization, it will not stop any AutoPay payment we process prior to our receipt of your notice.  We have the right to reject electronic payments for any reason and suspend access to this feature in our sole discretion.

Your bank may impose a fee if your External Bank Account becomes overdrawn or if a payment is attempted against your External Bank Account that would cause it to become overdrawn.  You will not hold us responsible for any fees you must pay as a result of any AutoPay initiated at your bank in connection with the Electronic Payment Authorization.

If an attempt to debit the External Bank Account fails, you will not be released from the obligation to make the Required Payment by the Payment Due Date shown on your Statement.

The Electronic Payment Authorization is subject to the following provisions:

(1) Right to stop payment and procedure for doing so.  You can stop any AutoPay payment by calling Customer Support at 1-888-721-3821 or writing to TAPT Money Customer Support, 11766 Wilshire Blvd., Suite 300, Los Angeles, CA 90025 in time for us to receive your request by 5:00 PM Eastern Time at least one (1) calendar day before the Payment Due Date.

(2) Liability for failure to stop AutoPay.  If you tell us to stop an AutoPay payment by 5:00 PM Eastern Time at least three (3) calendar days before the Payment Due Date, and we do not do so, we will be liable for your losses or damages.

(3) Notice of varying amounts.  If the AutoPay payment may vary in amount, we will tell you on your Statement at least 10 days before each AutoPay payment, when it will be made and how much it will be.

The Electronic Payment Authorization is a payment mechanism and does not give us collection rights greater than those contained in this Agreement or permitted by applicable law.  The Electronic Payment Authorization does not constitute a security interest under Ohio law.

YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO REPAY ANY BALANCE ON YOUR TAPT MONEY LINE OF CREDIT BY AUTOPAY.  IF YOU AUTHORIZE US TO INITIATE AUTOPAY, YOU ALSO AGREE THAT THE ELECTRONIC PAYMENT AUTHORIZATION IS TO REMAIN IN FULL FORCE AND EFFECT UNTIL YOU OR WE TERMINATE IT.  IF EITHER YOU OR WE TERMINATE SUCH AUTHORITY, YOU AGREE TO MAKE YOUR PAYMENTS BY ANOTHER PERMITTED PAYMENT METHOD (SEE SECTION 5(g) FOR DETAILS).

6. DEFAULT, CLOSING YOUR TAPT MONEY LINE OF CREDIT, RESTRICTIONS

          a. Events of Default

You will be in default of this Agreement if any of the following occur at any time:

i. Any Required Payment is not made by the Payment Due Date using a payment option permissible under this Agreement;

ii. You exceed the Credit Limit or Available Credit, according to our records;

iii. You fail to maintain a valid FCTI Demand Deposit Account;

iv. You fail to maintain a valid External Bank Account;

v. We learn that you did not meet our eligibility criteria in effect when you applied for your TAPT Money Line of Credit;

vi. You withdraw your consent to electronic communications;

vii. You die;

viii. You breach this Agreement or any other agreement you have with us;

ix. You violate applicable law, or use your TAPT Money Line of Credit to purchase, sell, or facilitate the purchase or sale of illegal goods or services; engage in unlawful gambling activities, fraud, or money laundering activities; fund terrorist organizations; or send or receive money from any person, organization, or country against which the United States has levied economic sanctions;

x. You provide false, inaccurate, or misleading information to us;

xi. You fail to maintain the security of your TAPT Money Line of Credit;

xii. You use any robot, software, other automatic device, or manual process to disrupt the functionality or compromise the security of our website or systems;

xiii. A bankruptcy petition is filed by or against you; or

xiv. Anything else happens that causes us in our discretion to reasonably believe that any Balance you owe us may not be repaid.

          b. Consequences of Default

If an event of default occurs, we may take the following actions with respect to your TAPT Money Line of Credit:  

i. Close or suspend your TAPT Money Line of Credit;

ii. Reduce your Credit Limit;

iii. Accelerate and demand that you immediately pay your Balance in full;

iv. Continue to charge you finance charges and fees as set forth in the fee disclosures at the beginning of this Agreement, as long as your Balance remains outstanding;

v. Refer your Balance to a debt collector; and/or

vi. File a lawsuit against you or pursue another action that is not prohibited by law.  If we file a lawsuit, we may require you to pay our court costs, expenses, and attorney fees, unless the law does not allow us to charge these amounts.

We may take these actions without notifying you unless the law requires.  We may exercise our rights under this section immediately, or we can postpone action to a later time without losing any of our rights.

          c. Closing Your TAPT Money Line of Credit

You or we may close your TAPT Money Line of Credit at any time for any reason.

If your TAPT Money Line of Credit is activated as described in Section 3(a) of this Agreement but you do not take a Cash Advance during the first 12 months after account activation, your TAPT Money Line of Credit will close automatically.  Your TAPT Money Line of Credit will also close automatically if, any time after you take a Cash Advance, your TAPT Money Line of Credit has a zero Balance for a period of 2 years.  If your TAPT Money Line of Credit is closed due to inactivity, you may reapply for a new account on the TAPT App.

If your TAPT Money Line of Credit account has a Balance at the time it is closed, you are still responsible for the payment of the Balance.  Finance charges, fees, and other charges will continue to accrue, and you will be responsible for paying all such amounts until your entire Balance is paid in full.

This Agreement will survive the closing of your TAPT Money Line of Credit and you are still responsible for obligations incurred prior to or in connection with the closing of your TAPT Money Line of Credit.

          d. Restrictions on Your TAPT Money Line of Credit

There are many reasons we may decline to disburse funds from your TAPT Money Line of Credit, but we generally do it to protect you or us, or to comply with legal requirements.  We may decline any requested Cash Advance in our sole discretion, as permitted by applicable law, including in the following circumstances: 

1. If you have not taken a Cash Advance within 12 months of TAPT Money Line of Credit account activation;
2. If you have taken a Cash Advance but your TAPT Money Line of Credit is currently inactive and has had a Balance of zero for at least two years;
3. You reside in or relocate outside of the U.S. or any U.S. territory where we do not offer the TAPT Money Line of Credit;
4. You attempt to use your TAPT Money Line of Credit for commercial or business purposes;
5. Your TAPT Money Line of Credit is involved in any legal or administrative proceeding;
6. We receive conflicting information or instructions regarding the ownership, control, or activity on your TAPT Money Line of Credit;
7. We suspect that you may be the victim of fraud, a scam, or financial exploitation, even if you authorized the transaction;
8. We suspect that use of your TAPT Money Line of Credit may involve illegal activity or may be fraudulent;
9. We are complying in our sole judgment with applicable law or with our policies adopted to ensure we comply with those laws; or
10. We reasonably believe that doing so is necessary to avoid a loss or reduce risk to us.

    7. BILLING RIGHTS

    8. ADDITIONAL TERMS

          a. Assignment of Agreement and Successors

You may not assign or transfer this Agreement, or any rights or obligations under this Agreement, without our written consent.  We may assign or transfer this Agreement, or our rights or obligations under this Agreement, without your consent.  If we do so, you will be notified as required by applicable law.  If any assignment occurs, this Agreement will then be binding on the assignee (i.e., personal representative, executor, administrator, or successor).

          b. No Waiver

If we fail to exercise any right, that does not mean that we waive that right or any other right, and we may still enforce all of our rights in the future.

          c. Entire Understanding

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.

          d. Headings and Rules of Construction

The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions.  Unless it would be inconsistent to do so, words and phrases used in this Agreement should be construed so the singular includes the plural and the plural includes the singular.  The words “includes” and “including” are deemed to be followed by “but not limited to,” “without limitation,” or words of similar meaning regardless of whether such words are actually written there.

          e. Changes to this Agreement

We may amend or change the terms of this Agreement at any time by posting the amended Agreement on our website at www.TAPTMoney.com, and any such amendment shall be effective upon such posting to that website.  The current Agreement is available at www.TAPTMoney.com.  You will be notified of any change in the manner provided by applicable law prior to the effective date of the change.  If you continue to access or use your TAPT Money Line of Credit after the effective date of the change, you have agreed to the change.  Notices will be made available on our TAPT App or delivered electronically using the most recent contact information we have on file for you.

          f. Severability

If any provision of this Agreement is determined to be unenforceable, the parties agree to replace such provision with a provision that is enforceable and that comes closest to expressing the intention of the unenforceable provision, and this Agreement will be enforceable as so modified.

          g. Confidentiality

We may disclose information to third parties about your TAPT Money Line of Credit:

(1) Where it is necessary or helpful for completing transactions;

(2) In order to verify the existence and condition of your TAPT Money Line of Credit for a third party;

(3) In order to comply with government agency, court order, or other legal or administrative reporting requirements;

(4) If you consent by giving us your written permission;

(5) To our employees, auditors, affiliates, service providers, or attorneys as needed;

(6) In order to prevent, investigate or report possible illegal activity;

(7) As permitted by applicable law; or

(8) Otherwise as necessary to fulfill our obligation under this Agreement.

Please see our Privacy Policy, available at https://www.suttonbank.com/_/kcms-doc/85/49033/WK-Privacy-Disclosure-1218.pdf, for further details.  By accessing the TAPT Money Line of Credit, you agree to our Privacy Policy.

          h. DISCLAIMER OF WARRANTIES 

EXCEPT FOR ANY EXPRESS WARRANTIES WE PROVIDE IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE TAPT MONEY LINE OF CREDIT OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with the proceeds drawn from the TAPT Money Line of Credit.

          i. LIMITATION OF LIABILITY

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, PANDEMIC OR RIOTS; 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 US SHALL BE LIMITED TO THE CREDIT LIMIT.

          j. Class Action Waiver 

IN THE EVENT OF A DISPUTE, YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

          k. Governing Law 

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 Ohio.  You consent and submit to the exclusive jurisdiction of the state and federal courts located in Ohio, with respect to all controversies arising out of or in connection with the use of the TAPT Money Line of Credit and this Agreement that are not subject to arbitration or to any proceeding to enforce the Arbitration Clause or to confirm or vacate an arbitration award.

9. ARBITRATION CLAUSE

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION CLAUSE AS DESCRIBED BELOW.

You or we may elect to resolve any claim by an individual arbitrator.  Claims are decided by a neutral arbitrator.  If arbitration is chosen by any party, you and we hereby waive the right to litigate the claim in court or have a jury trial on that claim.  Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration.

Any claim, dispute, or controversy (Claim) between you and us arising out of or relating in any way to this Agreement, your TAPT Money Line of Credit account or any TAPT Money Line of Credit account transactions or use thereof, no matter how described, pleaded or styled, shall be finally and exclusively resolved by binding individual arbitration conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in your state of residence at a location that is reasonably convenient for both parties.

We will pay all fees associated with administration of arbitration, including fees to commence the arbitration.  At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited.  The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator’s decision will be final and binding.  Other rights you or we would have in court may also not be available in arbitration.

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.

This Arbitration Clause shall survive: (i) the termination of this Agreement; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your TAPT Money Line of Credit account, or any amounts owed on your TAPT Money Line of Credit account, to any other person or entity.  If any portion of this Arbitration Clause is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.  Any different agreement regarding arbitration must be agreed to in writing.

This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.

Solely for purposes of this Arbitration Clause, “We” or “Us” shall mean Sutton Bank, and its respective successors, affiliates or assignees as well as any third party using or providing any product, service or benefit in connection with the TAPT Money Line of Credit.

You may reject this Arbitration Clause by sending a written rejection notice to us at: 11766 Wilshire Blvd, Suite 300, Los Angeles, CA 90025.  Your rejection notice must be mailed within 45 days after your first Cash Advance.  Your rejection notice must state that you reject the Arbitration Clause and include your name, address, TAPT Money Line of Credit account number and personal signature.  No one else may sign the rejection notice.  If your rejection notice complies with these requirements, this Arbitration Clause and any other arbitration provisions in the agreements for any other currently open FCTI accounts you have will not apply to you, except for any claims subject to pending litigation or arbitration at the time you send your rejection notice.  Rejection of this Arbitration Clause will not affect your other rights or responsibilities under this section or the Agreement.

State Law Notices

All Borrowers: Oral agreements or commitments to loan money, extend credit, or to forbear from enforcing repayment of a debt, are not enforceable.  To protect you and us from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we later may agree in writing to modify.

NOTICE TO CONSUMERS:  1.  DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT.  2.  DO NOT SIGN THIS AGREEMENT IF IT CONTAINS ANY BLANK SPACES.  3.  YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN.  4.  YOU MAY PREPAY THE UNPAID BALANCE AT ANY TIME WITHOUT PENALTY.

You give us permission to access your credit report in connection with any transaction, or extension of credit, and on an ongoing basis, for the purpose of reviewing this TAPT Money Line of Credit, taking collection action on this TAPT Money Line of Credit, or for any other legitimate purposes associated with this TAPT Money Line of Credit.  Upon your request, you will be informed of whether or not a consumer credit report was ordered, and if it was, you will be given the name and address of the consumer reporting agency that furnished the report.  As required by law, you are hereby notified that a negative credit report reflecting on Your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

Arizona Residents;  Notice: You may request that the initial disclosures prescribed in the truth in lending act (15 United States Code sections 1601 through 1666j) be provided in Spanish before signing any loan documents.

Aviso: Usted puede solicitar que las divulgaciones iniciales prescritas en la ley de veracidad en los préstamos (código 15 de Espadas Unidos §§ 1601 a 1666j) le sean suministradas en español, antes de firmar cualquier documento del préstamo .

California Residents: A married applicant may apply for a separate account.  If we take any adverse action as defined by § 1785.3 of the California Civil Code and the adverse action is based, in whole or in part, on any information contained in a consumer credit report, you have the right to obtain within 60 days a free copy of your consumer credit report from the consumer reporting agency who furnished the consumer credit report and from any other consumer credit reporting agency that complies and maintains files on consumers on a nationwide basis.

California and Utah Residents: As required by California and Utah law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

Florida Residents:  Florida documentary stamp tax required by law in the amount of $__ has been paid or will be paid directly to the Department of Revenue. Certificate of Registration No.__ .

Kansas (and Iowa residents if the principal amount of this loan exceeds $20,000): Important: read before signing.  The terms of this agreement should be read carefully because only those terms in writing are enforceable.  No other terms or oral promises not contained in this written contract may be legally enforced.  We may change the terms of this agreement only by another written agreement.

Kentucky Residents. You may pay the unpaid Balance of Your Account in whole or in part at any time. 

Maryland Residents: You have the right under Maryland

Commercial Law Code Section 12-510 to receive an answer to a written inquiry concerning the status of your Account. To the extent that any court determines that this Agreement is subject to Maryland law concerning consumer credit, you and we agree and elect to make this loan pursuant to Subtitle 9 of Title 12 of the Maryland Commercial Law Article only to the extent that such provisions are not inconsistent with our authority under federal law (12 U.S.C. § 1831d) and related regulations and interpretations, which authority we expressly reserve.

Massachusetts Residents: Massachusetts law prohibits discrimination on the basis of race, color, religious creed, national origin, ancestry, sex, age, handicap (disability), sexual orientation, whether an individual has a child, retaliation, public assistance or gender identity.

Missouri and Nebraska Residents: Oral loan agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of such debt, including promises to extend or renew such debt, are not enforceable.  To protect you and us and any holder of this agreement from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it.

New Hampshire Residents: You are not required to sign this agreement (directly or indirectly), or agree to enter into such an agreement as a condition of purchasing any property, goods or services.  Reasonable attorney fees shall be awarded to the prevailing party in any action you bring against us or we bring against you.  If we successfully assert a partial defense or set-off, recoupment, or counterclaim to an action brought by you, the court may withhold from you the entire amount or such portion of the attorney’s fees as the court considers equitable.  You or your attorney may file a complaint with the New Hampshire Commissioner of Banking, State of New Hampshire Banking Department, 53 Regional Drive, Suite 200, Concord NH 03301. Instructions for filing complaints can be found on the Commissioner’s website at www.nh.gov/banking/consumer- assistance/complaint.htm

New Jersey Residents: The paragraph headings of this Agreement are a table of contents and not contract terms.  Portions of this Agreement with references to actions taken to the extent of applicable law apply to acts or practices that New Jersey law permits or requires.  In this Agreement, actions or practices (i) which are or may be permitted by “applicable law” are permitted by New Jersey law, and (ii) that may be or will be taken by us unless prohibited by “applicable law” are permitted by New Jersey law.  You agree to pay our reasonable attorney’s fees, up to 20% of outstanding principal and interest, paid in the collection of this Account to an attorney who is not our employee.

New York, Rhode Island and Vermont Residents: You understand and agree that we may obtain a consumer credit report in connection with this application and in connection with any update, renewals for extension of any credit as a result of this application.  If you ask, you will be informed whether or not such a report was obtained, and if so, the name and address of the agency that furnished the report.  You also understand and agree that Lender may obtain a consumer credit report in connection with the review or collection of any loan made to you as a result of this application or for other legitimate purposes related to such loans.

Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request.  The Ohio Civil Rights Commission administers compliance with the law.

South Dakota Residents: Any improprieties in making the loan or in loan practices may be referred to the South Dakota Division of Banking, located at 1601 N. Harrison Avenue, Suite 1, Pierre, SD 57501, or by phone at 605.773.3421.

Texas Residents:  This written loan agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties.  There are no unwritten oral agreements between the parties.