Application Terms and Conditions

In this Application Terms and Conditions, we will use the terms “we,” “us,” “our,” and “MDG” (whether or not capitalized) to describe MDG USA Inc. The words “you”, “your” or “buyer” (whether or not capitalized) refers to the credit applicant.

You certify that all information you have supplied to us is true, accurate and complete. You understand and agree that we will conduct a credit review based on the information you have provided and information we have collected from other sources, including credit reporting agencies.You represent and warrant that you are 18 years of age or older; you have the authority to provide the information to us; the information you provide does not infringe or violate any privacy rights of any third party.

When you provide information to MDG or in connection with its products or services, you agree to provide only true, accurate, current and complete information about yourself, and you agree not to misrepresent your identity or your account information. You further agree to keep your account information and contact information up to date and accurate, and to promptly notify us of any changes to such information.

By applying through the MDG website, you authorize MDG, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with our Privacy Policy. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial accounts, or verifying your information against third party databases or through other sources. We may also ask you for identifying documents to help us validate your identity. MDG reserves the right to close, suspend, or limit access to your account and/or the services in the event we are unable to obtain or verify this information.

Your Authorization to Us Obtaining Your Credit Information

You are providing us written instructions in accordance with the Fair Credit Reporting Act and expressly authorize MDG and each of MDG's Bank Partners to obtain (for itself or on behalf of MDG or a Bank Partner) consumer reports from consumer reporting agencies about you (1) for pre-qualification purposes, (2) when you apply for a credit account from MDG or any of its Bank Partners, as applicable (“Credit Account”), (3) periodically while the Credit Account is open (including in the month following the month when you pay off or otherwise satisfy the outstanding balance), and (4) from time to time in connection with any other services that MDG offers or that you may obtain from us, including, without limitation, your MDG Basic Credit Monitoring service and the Credit Account.

Your Enrollment in MDG Basic Credit Monitoring Service

You agree and consent to be enrolled in MDG Basic Credit Monitoring Service - See terms here. You can cancel at any time by logging into the MDG portal and following the prescribed steps, calling our Customer Service department at 1-800-906-0975 ext. 352, by emailing us at support@mdg.com, or by writing to us at: MDG USA, 3422 Old Capitol Trail, PMB# 1993, Wilmington, Delaware 19808. This service performs softs inquires to your credit file with consumer reporting agencies on a recurring basis, provides free credit score from one or more of the major credit bureaus, matches you with MDG products and offers, and checks if you are eligible for these products. You agree that you are providing us written instructions in accordance with the Fair Credit Reporting Act to request, receive and use copies of credit reports, credit scores and other information about you from third parties, including without limit credit reporting agencies. You also agree that you understand that your instructions allow us to obtain such information at any time for so long as you are enrolled in Basic Credit Monitoring (you may cancel it at any time). You also agree that we may do this even if a Credit Account is not finally approved or you do not have an active Credit Account with us. Without limiting the foregoing, you agree and confirm that you understand that MDG may obtain and use your credit information to: • provide you with your free credit score from one or more of the major credit bureaus as part of the Basic Credit Monitoring Service AND • match you with MDG products and offers you might like, and check if you are eligible for these product.

You understand that a soft inquiry is used to determine pre-qualified credit terms and should not be considered a final credit approval decision. After you have been pre-qualified, you will need to provide additional information to us before a final approval for a Credit Account, as defined below, can be provided. Such additional information may include, for example, bank statements, employment information and confirmation of identifying documents. In addition, prior to issuing final approval for a Credit Account, we may obtain, and you agree that we may obtain, credit report(s) from one or more consumer reporting agencies, which will result in hard inquiries on your credit file. Receiving an offer or been pre-qualified does not guarantee you will be approved for a Credit Account.

In each case you expressly authorize us and the Bank Partner that you have applied for or holds your Credit Account, to use such consumer report about you, and information derived therefrom, in connection with:

(i) your Credit Account, including determining your eligibility, servicing or maintaining your account, verifying your identity, verifying information you provide to MDG or a Bank Partner, and for collecting any amount you owe us or a Bank Partner or any of our respective successors or assigns;

(ii) marketing, including pre-qualifications and other forms of marketing, for products that may be provided by us or a Bank Partner and any other service we offer or you obtain from us or any Bank Partner through the MDG services;

(iii) our internal use, including statistical analysis and to develop, improve, analyze, study, and maintain products and services we or any Bank Partner offers or may offer through the MDG services; and

(iv) providing you with information or MDG services, including information about your credit profile and to deliver services upon your request (such as Basic Credit Monitoring).

You understand that MDG and/or any of its Bank Partners may report information about your Credit Account (such as on-time, late, and missed payments; any defaults; and the fact you paid off your credit) to consumer reporting agencies, and that such information may be reflected in your credit report or other consumer reports about you.

Servicing & Collection

You agree to allow MDG to send you payment reminders from time-to-time. You agree that payment reminders may take the form of any available communication (as described in the Communication & Notification section below), subject to applicable law. You also agree that if you fail to pay an amount owed to MDG pursuant to any agreement you have with us or any Bank Partner (if we are servicing such account), MDG may engage in collection efforts to recover such amounts from you. These collection efforts may involve contacting you directly, submitting your information to a collections agency, or taking legal action. FAILURE TO PAY MAY AFFECT YOUR CREDIT SCORE.

Communications, Call Recording & Notification

You agree that MDG may provide you communications about your account and any MDG services electronically or through phone calls or in writing to any contact information we have on file for you. Standard mobile, message, or data rates may apply and you are responsible for any such fees. Any electronic communications will be considered to be received by you at the time we email it to you or otherwise send it to your attention (such as via sms or other online or mobile notification). We may assume you have received any communications sent to you by postal mail 3 business days after we send it. If we need to contact you to service your account or to collect amounts you owe to us, you give direct consent to us, as well as servicers, agents, contractors and collectors of your account, to communicate with you in any way, such as calling, texting, or email via:

• a mobile phone or landline you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours),
• any email address you provide to us, one of our Bank Partners, service providers,
• automated dialer systems and automatic telephone dialing systems,
• pre-recorded or artificial voice messages and other forms of communications.

You also agree that these communications are not unsolicited for purposes of any state or federal law, and you understand that this may result in additional mobile, text message, or data charges.

You consent to and authorize MDG USA Inc. and any of its affiliates to monitor and/or record any of your telephone conversations with its representatives or the representatives of any of those companies. You acknowledge and understand that, while your communications with MDG may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by MDG, and MDG does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Notwithstanding this provision, MDG's delivery of any disclosures governed by the MDG E-Sign Consent Statement shall be governed by your consent or withdrawal of consent to receiving such disclosures in electronic form.

If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your account, either through your use of the third party's product or service or through your MDG account, you acknowledge that MDG may disclose the information about your account that is authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under our agreements.

Indemnification

You acknowledge and agree that you will not hold MDG nor any Bank Partner responsible for, and will indemnify MDG and any of its Bank Partner from, any liability arising from any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by MDG in connection with any claim by a third party arising out of or in any way related to: (1) your use of our services; (2) your violation or alleged violation of this Application Terms and Conditions or your violation or alleged violation of any applicable law; or (3) any dispute between you and a third party.

The federal equal credit opportunity act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national original, sex, marital status, age, (provided the applicant has the capacity to enter into a binding contract), because all or part of the applicants income derives from any public assistance program, or because the applicant has in good faith exercised any right under the consumer credit protection act to the extent is would apply.

Important Information

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 Credit Account. What this means for you: When you open a Credit Account, we will ask for your name, street address, date of birth, Social Security and other information that will allow us to identify you.

Governing Law/Disputes

This agreement is governed by federal law and, to the extent permitted by law and not preempted by federal law, the laws of the home state where the Bank Partner is domiciled and if it is not a Bank Partner’s product or service, the laws of the state of Delaware, without regard to its choice of law provisions. If any provision of this Application Terms and Conditions is determined to be void or unenforceable under any applicable law, rule or regulation, all other provisions of this Application Terms and Conditions will remain enforceable (except as specifically addressed in the arbitration provision). Our failure to exercise any of our rights under this Application Terms and Conditions will not be deemed to waive our rights to exercise such rights in the future. This Application Terms and Conditions is a final expression of the agreement between you and us and this Application Terms and Conditions may not be contradicted by evidence of any alleged prior oral agreement or of an alleged contemporaneous oral agreement between you and us.

Arbitration Provision

I HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS MY RIGHTS IN THE EVENT OF A DISPUTE. I UNDERSTAND THAT I HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN SUBSECTION (b) BELOW. If you are a “Covered Borrower” as defined by the Military Lending Act (32 CFR §232, as amended from time to time) at the time of entering into this agreement, this section (the “Arbitration Provision”) is not applicable, you do not need to opt out of or take any action to ensure inapplicability.

(a) Either party to this Agreement, or any subsequent holder, may, at its sole election, require that the sole and exclusive forum and remedy for resolution of a Claim (as defined below) be final and binding arbitration pursuant to this section, unless you opt out as provided in subsection (b) below. As used in this Arbitration Provision, "Claim" means any past, present, or future claim, dispute, or controversy involving you, on the one hand, and us (or persons claiming through or connected with us and/or the subsequent holders), on the other hand, relating to or arising out of this Application Terms and Conditions, the Websites, services and/or the activities or relationships arising from this Application Terms and Conditions, including (except to the extent provided otherwise in the last sentence of subsection (f) below) the validity or enforceability of this Arbitration Provision or the Application Terms and Conditions. Past, present, or future claims, disputes, or controversies regarding any other agreements, including, without limitation, any agreements for any other products or services, between you and us (or persons claiming through or connected with us and/or the subsequent holders) are subject to the Terms and Conditions of those specific other agreements, and the Terms and Conditions of those other agreements are not amended by this Application Terms and Conditions. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter-claims, cross-claims, third-party claims, or otherwise.

(b) You may opt out of this Arbitration Provision by sending an arbitration opt out notice to MDG, at MDG USA Inc., 3422 Old Capitol Trail, PMB #1993, Wilmington, DE 19808, Attention: Legal Department, which is received at this address within 30 days of the date of your electronic acceptance of this Terms and Conditions. The opt out notice must clearly state that you are rejecting arbitration; identify this Application Terms and Conditions; provide your name, address, telephone number, and your email address or MDG Person ID#; and be signed by you. You may send an opt out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf. Any opt out notice sent under this subsection (b) will only affect your opt out of this Arbitration Provision in this agreement and will not affect an opt out, or any other aspect, of any other arbitration provision between you and us.

(c) The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Arbitration and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may visit the AAA’s web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply.

(d) If we (or the subsequent holder) elect arbitration, we (or the subsequent holder, as the case may be) shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. We (or the subsequent holder, as the case may be) shall pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we (or the subsequent holder) pay them and we agree (or the subsequent holder agrees) to do so. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.

(e) Any award by an arbitrator shall be final and binding, except for any appeal right under the Federal Arbitration Act ("FAA") and may be entered as a judgment in any court of competent jurisdiction.

(f) We agree not to invoke our right to arbitrate an individual Claim you may bring in Small Claims Court or an equivalent court, if any, so long as the Claim is pending only in that court. CLASS ACTION WAIVER: NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (i) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (ii) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Arbitration Provision, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Arbitration Provision shall be determined exclusively by a court and not by the administrator or any arbitrator.

(g) This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.

(h) This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, or amendments to this Application Terms and Conditions; and (ii) the bankruptcy or insolvency of any party or other person; If any portion of this Arbitration Provision other than subsection (f) is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in subsection (f) are finally adjudicated pursuant to the last sentence of subsection (f) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.

JURY TRIAL WAIVER: THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.

ARBITRATION OF DISPUTES, CLASS ACTION WAIVER, AND WAIVER OF RIGHT TO TRIAL AND JURY: I HAVE READ THE ARBITRATION PROVISION ABOVE CAREFULLY AND UNDERSTAND THAT IT LIMITS MY RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND ME. I ACKNOWLEDGE THAT I HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THE ARBITRATION PROVISION HEREIN. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE MY RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY. I UNDERSTAND THAT I HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN SUBSECTION (b) ABOVE. I ACKNOWLEDGE THAT NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT.

Time Limitation on Claims

You and MDG or any subsequent holder, both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Application Terms and Conditions and subject to Arbitration, as provided herein, must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.