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Terms of Service Agreement

United Trust Bank, FSB d/b/a PathCredit · Effective Date: May 16, 2026

Introduction

Welcome to PathCredit. This Terms of Service Agreement (this “Agreement”) sets forth the terms and conditions that apply to your access and use of the websites, technology platforms, mobile applications, and online services (collectively, the “Site”) made available to you by United Trust Bank, FSB, Member FDIC, doing business as PathCredit (“PathCredit,” “we,” “us,” or “our”), together with our program manager, subsidiaries, divisions, affiliates, and service providers that link to or otherwise provide notice of this Agreement.

Through the Site, you may access products and services offered by United Trust Bank, FSB, including consumer lending, and related financial services (collectively, the “Services”). As used in this Agreement, “you” and “your” refer to you as the user of the Site or the Services.

Your acceptance of this Agreement is required to use the Site and to obtain any product or service offered through the Site. By accessing or using the Site, creating an account, or obtaining any PathCredit product or service, you agree to be bound by this Agreement as if you had signed it with pen and ink. If you do not wish to be bound by this Agreement, do not access or use the Site, do not click “accept” to register, and do not submit any account application or product request.

You also agree to the E-Sign and Electronic Communications Consent, which means your acceptance of this Agreement and all other agreements with PathCredit are effective and binding, and you agree that all communications related to PathCredit and any PathCredit product or service may be in electronic form. You further agree to any additional terms specific to the products or services you use, which become part of your agreement with us.

You may only accept this Agreement and use the Site if you are legally authorized to accept and be bound by these terms and are of legal age to enter into this Agreement. If you have questions or comments about this Agreement, please contact us at care@pathcredit.com or call 888-551-1784.

IMPORTANT NOTICES — PLEASE READ CAREFULLY.

DISPUTE RESOLUTION: Section II.6 below contains provisions governing how to resolve disputes between you and PathCredit. Among other things, Section II.6 includes an agreement to arbitrate which requires, with limited exceptions, that all disputes between you and PathCredit will be resolved by binding and final arbitration. Section II.6 also contains a class action and jury trial waiver. Please read Section II.6 carefully.

Unless you opt out of the dispute resolution provisions in Section II.6 within thirty (30) days: (1) you will only be permitted to pursue disputes or claims and seek relief against PathCredit through binding, final arbitration, with limited exceptions, and you waive your right to participate in a class action lawsuit or other representative proceeding or class-wide arbitration; and (2) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.

THIRD-PARTY BANK FEES: By using the Services, you understand and agree that you, and not PathCredit, will be liable for any third-party bank fees you may incur. Please refer to Section II.2 below for more information.

Table of Contents

PART I — GENERAL TERMS

  1. Changes to This Agreement
  2. Additional Product or Account Agreements
  3. Personal, Non-Commercial Use
  4. Risks of Using the Site
  5. Privacy
  6. Communications and Consent
  7. Loan Applications and Credit Inquiries
  8. You Are Responsible for Your Financial Decisions
  9. Limitation of Liability
  10. Suspension or Termination of Access
  11. Site Changes
  12. Intellectual Property Rights
  13. Indemnification
  14. Governing Law and Jurisdiction
  15. Entire Agreement and Severability

PART II — SPECIFIC ADDITIONAL TERMS AND CONDITIONS

  1. Account Eligibility and Registration
  2. Your Responsibility for Third-Party Bank Fees
  3. Terminating Your PathCredit Account
  4. Acceptable Use of the Site and Services
  5. No Warranties
  6. Dispute Resolution by Binding Arbitration and Jury Trial Waiver
  7. Digital Millennium Copyright Act Notice
  8. Contacting PathCredit

Part I — General Terms

1. Changes to This Agreement

PathCredit may change this Agreement from time to time by posting an updated version on the Site at www.pathcredit.com/termsofservice (the “Terms of Service Page”). Please review the current version periodically, as your continued access or use of the Site shall be deemed your acceptance of the Agreement in effect at that time. If we make material changes to this Agreement, we will provide you notice of the changes before they become effective. If you object to the changes, you should stop using the Site and the Services. All changes will be effective upon posting unless otherwise stated.

2. Additional Product or Account Agreements

To obtain certain PathCredit products and services, you may be required to enter into additional agreements with PathCredit or its affiliates. You will be subject to this Agreement and any other agreements you enter into with PathCredit. In the event of a conflict between this Agreement and a product-specific agreement, the product-specific agreement shall control with respect to the applicable product or service.

3. Personal, Non-Commercial Use

The material provided on the Site, including all information, images, data, and content incorporated therein, is for your personal, private, non-commercial use only. You may not modify, republish, post, or transmit anything you obtain from the Site unless you first obtain the written consent of PathCredit. You agree not to engage in systematic retrieval of data or other content from the Site. You may not create any link or hyperlink from any other site to the Site without our prior written permission. You are not permitted to access or use the Services outside the United States. Use of the Site or the Services in violation of applicable law is strictly prohibited.

4. Risks of Using the Site

Conducting financial transactions through online services has inherent risks. By using the Site and online Services, you agree to and accept the following:

5. Privacy

If you use or obtain any PathCredit product or service, you agree that PathCredit will collect information about you and use and share it in accordance with PathCredit’s Privacy Policy and GLBA Privacy Notice. Please read PathCredit’s Privacy Policy and Privacy Notice for a full description of how PathCredit will collect, use, and share information about you. This Agreement does not limit the application of the PathCredit Privacy Policy or Privacy Notice.

6. Communications and Consent

(a) Registration and Accounts. You agree that PathCredit may contact you about any matter relating to your activity with, any inquiry submitted to, or any account or product you have with PathCredit, even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List or the Do Not Call List of any specific institution. This contact includes, without limitation, for matters related to your loan or application; to remind you of upcoming payments; or for collections and other loan-related issues.

(b) Marketing. You agree that PathCredit may contact you to offer products or services we believe may be of interest to you, subject to your right to opt out as described herein and in our Privacy Policy. PathCredit may use agents or representatives to contact you on our behalf.

(c) Methods of Communication. You agree that PathCredit may contact you through any means, including emails, telephone calls, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, and calls and messages delivered using automatic telephone dialing systems. PathCredit and its agents or representatives may leave messages on your answering machine, voicemail, or send messages via text.

(d) Recorded Interactions. You agree that PathCredit and our agents, representatives, and affiliates may contact you on a recorded line or recorded messaging service. Your communications with PathCredit may be monitored, recorded, or reviewed for quality assurance and customer service purposes.

(e) Accurate Contact Information. You certify that telephone numbers you have provided to us are your contact numbers and that you are permitted to receive calls and messages at each number you have provided. You agree to promptly alert us whenever you stop using a particular telephone number.

(f) Push Notifications and Alerts. You may select for PathCredit to send you messages called “Alerts” by text or push notification. Alerts may be delayed or prevented by factors affecting your internet or phone provider. PathCredit is not liable for losses or damages arising from non-delivery, delayed delivery, or erroneous delivery of any Alert, or inaccurate Alert content. You may opt out of receiving push notifications through your device settings. Please note that opting out may impact your use of the Services.

(g) Messaging Costs. PATHCREDIT MAY USE ANY MEANS OF COMMUNICATION TO REACH YOU EVEN IF YOU WILL INCUR COSTS TO RECEIVE SUCH MESSAGES. You are responsible for any and all charges, including fees associated with text messaging, imposed by your communications service provider. Message frequency depends on account status or settings. We may modify or terminate our text messaging services from time to time, without notice, without liability to you.

(h) SMS Multi-Factor Authentication Terms of Use. Note that when you log into your account, we verify your identity using multi-factor authentication (MFA) by sending a one-time code via either an email to your email address or a text message (known as a short-code messaging program) to the mobile phone number listed on your account. We will send only one message per code request. You will be prompted to consent to such one-time communications prior to us sending them and you will need this code to complete your login. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

7. Loan Applications and Credit Inquiries

If you submit an application or request to PathCredit for a loan or other credit product, you authorize PathCredit to obtain your credit report from a credit reporting agency and to use the information for any lawful purpose, including: (1) authenticating your identity; (2) making credit decisions; (3) marketing products and services from us or a third party; (4) assisting with internal modeling and analysis; (5) servicing your loan; and (6) facilitating the sale of your loan or interests associated with your loan (or portions thereof) to third party investors, and for related purposes. In connection with these purposes, you authorize us to share all or parts of your consumer reports among us and/or with our respective agents, partners, counterparties, or affiliates. Your authorization in this Agreement is in addition to: (i) terms you accept at the time you submit a loan inquiry; (ii) terms in any loan application; and (iii) terms in loan documents if you obtain a loan. You agree to provide current, complete, and accurate information about yourself. If any information you provide is untrue, inaccurate, not current, or incomplete, PathCredit has the right to terminate your submission and decline to provide any and all future use of the Site. PathCredit reserves the right to decline any loan submission or application at any time.

8. You Are Responsible for Your Financial Decisions

You are responsible for all financial decisions you make on the Site or based upon information you obtain through the Site. PathCredit’s products and services are offered upon the express condition that you will fully evaluate your own financial circumstances and the terms of the products and services. Only you can assess your financial situation and circumstances. You agree to pursue a PathCredit product or service only after you have determined it is appropriate for you.

The Services are not intended to provide legal, tax, or financial advice. PathCredit is not a financial planner, broker, or tax adviser, and PathCredit does not promise to help you obtain a loan or improve your credit record, history, or rating. Before using the Services you should obtain advice from your accountant or other financial advisers who are fully aware of your individual circumstances. We are not responsible for ensuring your Bank Account has sufficient funds for your needs, purposes, or transactions.

9. Limitation of Liability

You agree that all access to and use of the Site and Services is at your own risk.

IN NO EVENT SHALL PATHCREDIT, UNITED TRUST BANK, FSB, OR ANY OF THEIR RESPECTIVE AFFILIATES, PROGRAM MANAGER, PLATFORM AGENT, SERVICE PROVIDERS, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS (COLLECTIVELY, THE “PATHCREDIT PARTIES”) BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, EVEN IF THE PATHCREDIT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In addition, you agree that:

10. Suspension or Termination of Access

PathCredit reserves the right to suspend, cancel, or terminate your use of the Site and any PathCredit product or service if we believe you are using it for a purpose that is unauthorized, improper, illegal, or that could harm PathCredit or its reputation. PathCredit may determine in our sole discretion the activities that could lead to such suspension or cancellation. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site.

11. Site Changes

PathCredit reserves the right to change, modify, suspend, or discontinue the Site or any features or functions on the Site, for any reason, at our sole discretion. If you have an account and we make material changes to the Site or the Services, we will provide you notice of the changes before they become effective. You agree that PathCredit will not be liable to you or to any third party for any changes, suspensions, or discontinuance of the Site or the Services.

12. Intellectual Property Rights

All content available in connection with the Site, including all text, data, trade names, trademarks, service marks, layout, designs, images, artwork, icons, sound, video, animation, interfaces, and all intellectual property (collectively, the “Content”), and the selection and arrangement of the Content, is owned exclusively by PathCredit, United Trust Bank, FSB, and their licensors or suppliers, as applicable. The Content is protected by United States intellectual property laws, and PathCredit reserves all rights, title, and interest in and to the Content. You may not copy, reproduce, imitate, modify, publish, or use the Content without our prior written consent, and you may not use the Content in a manner that mischaracterizes PathCredit or display the Content in a manner that implies PathCredit’s sponsorship or endorsement.

13. Indemnification

You agree to indemnify, defend, and hold harmless PathCredit, United Trust Bank, FSB, and their respective affiliates, platform agent, service providers, including servicing and collection agencies, together with their members, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement, your use of the Site or the Services, or your violation of any rights of another person or entity.

14. Governing Law and Jurisdiction

Except as otherwise required by applicable law, this Agreement will be governed by, and all disputes will be resolved in accordance with, the laws of the State of Ohio, without regard to its conflicts of law rules. If you or PathCredit do not exercise any available legal right or remedy, those rights or remedies will not be waived and will remain available. You may not assign or transfer your rights or obligations under this Agreement without PathCredit’s prior written consent.

15. Entire Agreement and Severability

This Agreement represents the entire understanding and agreement between you and PathCredit regarding your use of the Site and the Services, and supersedes all prior or contemporaneous agreements between you and PathCredit. No waiver by PathCredit of any term or condition shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of PathCredit to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect. All covenants, agreements, disclaimers, waivers, representations, and warranties made in this Agreement will survive the termination of this Agreement.

Part II — Specific Additional Terms and Conditions

The following terms and conditions apply to you if you use specific PathCredit products and services. Please read the terms applicable to each product or service you use — these terms apply to you in addition to the General Terms set forth in Part I above.

1. Account Eligibility and Registration

(a) Important Information About Procedures for Opening a New 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 an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

(b) Eligibility. You must create an account and application with PathCredit (your “PathCredit Account”) to access the Site and the Services. You may only have one profile with PathCredit. To be eligible to use the Services, you must meet each of the following requirements:

Your income must come from a source that is legal, reputable, and reasonably acceptable to PathCredit, and that pays you on a regular basis or schedule (either weekly, bi-weekly, semi-monthly, or monthly). You must be able to link your bank account in your PathCredit Account. You represent that you meet the eligibility requirements set forth above.

(c) Confidentiality of Credentials. You must keep confidential the usernames and passwords that you use to access the Site and the Services (collectively, your “Credentials”). The use of your Credentials by another person will still be recognized by PathCredit as being authorized by you. If you believe that either your Credentials or a device that you use to access the Site or the Services has been lost or stolen, that someone is using your Credentials without your permission, or that an unauthorized transaction has occurred, notify us IMMEDIATELY by live chatting with the PathCredit team through the PathCredit App or by contacting us at care@pathcredit.com.

(d) Accuracy of Information. You must provide accurate profile information, including your name, physical address, wireless phone number, email address, and Bank Account information (“Account Information”). Please ensure that your Account Information remains current and update your Account Information as needed. PathCredit is not responsible for any payment processing errors, fees, or other issues arising from your failure to keep your Account Information current.

2. Your Responsibility for Third-Party Bank Fees

Depending on the PathCredit Services you elect to use, you are responsible for maintaining sufficient funds in your Bank Account to fund all payments you authorize through your use of the Services, including any outstanding amounts due to PathCredit. Unless PathCredit withdraws funds from your Bank Account before your next regularly scheduled paycheck or the debit date you designated, you agree that you, and not PathCredit, will be responsible for any fees you are charged resulting from your failure to maintain sufficient funds in your Bank Account, such as overdraft fees, over-the-limit fees, insufficient fund charges, finance charges, and late fees.

Your bank, and not PathCredit, controls the timing for processing credits and debits (additions and subtractions) to and from your Bank Account. As a result, when PathCredit attempts to debit your Bank Account for amounts you authorized through your use of the Services, or you authorize a transfer of funds between various bank accounts, the way your bank processes credits and debits may result in overdrafts, insufficient funds fees, or other similar bank fees even if you believe that you have sufficient funds in your Bank Account. You are responsible for reviewing the terms of your Bank Account to understand your bank’s overdraft policy and how your bank posts debits and credits.

3. Terminating Your PathCredit Account

Subject to your specific loan agreement or other loan related agreement, where applicable, you may terminate your relationship with PathCredit by logging into your PathCredit Account and accessing the settings menu. There is no fee to close your PathCredit Account. If you close your PathCredit Account, you will be unable to use any Services. Closing your PathCredit Account does not revoke any open loan agreement or any pending debits from your Bank Account that you may have authorized through your use of the Services. If you need help terminating your PathCredit Account, please live chat with the PathCredit team through the PathCredit App or contact us at customerservice@pathcredit.com.

PathCredit may, in its sole and absolute discretion, at any time, for any or no reason, and with or without prior notice, suspend or terminate your use of the Site and the rights afforded to you hereunder. You agree that PathCredit will not be liable to you or any third party for any termination of your account or access. You agree that even if you seek to terminate this Agreement, PathCredit may be obligated by law to retain information about you and certain transactions.

4. Acceptable Use of the Site and Services

(a) Prohibited Activities. You agree that you will not:

(b) Remedies. If we have reason to believe that you have engaged in any activities restricted by this Agreement or by law, we may take various actions to protect ourselves, other users, and third parties, including:

5. No Warranties

THE SITE, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT ARE OFFERED AND MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. PATHCREDIT, UNITED TRUST BANK, FSB, AND THEIR AFFILIATES AND PATHCREDIT PARTIES MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, (I) REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTINUED AVAILABILITY OF THE CONTENT; (II) THAT THE CONTENT WILL BE FREE OF BUGS, DEFECTS, OR ERRORS, OR INFECTION FROM ANY VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE CODE; (III) REGARDING THE OPERATION OF THE SITE OR THE SERVICES; (IV) THAT THE SERVICES ARE APPROPRIATE FOR YOUR FINANCIAL NEEDS; OR (V) THAT THE SITE, SERVICES, OR CONTENT ARE APPROPRIATE FOR ACCESS OR USE OUTSIDE OF THE UNITED STATES.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PATHCREDIT, UNITED TRUST BANK, FSB, AND THEIR AFFILIATES, AND PATHCREDIT PARTIES EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK.

PATHCREDIT AND ITS AFFILIATES, AND PATHCREDIT PARTIES WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGE ARISING FROM ANY ERROR OR DELAY, NON-PERFORMANCE, OR INTERRUPTION OF THE SITE OR THE SERVICES.

6. Dispute Resolution by Binding Arbitration and Jury Trial Waiver

These Arbitration and Dispute Resolution agreements (“Resolution Agreements”) set forth how you and we will resolve disputes concerning “Claims” that we cannot resolve informally and cover all the services and programs that our “related parties” provide for you. The Pre-Dispute Resolution Procedure, Arbitration Provision and Jury Trial Waiver set forth below govern “Claims” you assert against us or any “related party” of ours and “Claims” we or any related party assert against you.

For purposes of these Resolution Agreements, “we”, “us” or “our” refer to the company that is providing you the service or loan. Our “related parties” include all parent companies, subsidiaries, sister subsidiaries and affiliates of ours (including any program manager, service provider and collection agency we utilize to collect sums owed us), and our and their employees, directors, officers, shareholders, managers, members and agents. Our ‘related parties’ also include any third party that you assert a Claim against at the same time you assert a Claim against us or any other related party.

The term “Claim” means any past, present or future claim, dispute or controversy between you and us (or our related parties), whether or not presently known, that arises from or relates in any way to this loan agreement or any services, programs, loans, investments or other financial services you request or we provide to you or on your behalf (“Services”); any of our marketing, advertising, solicitations and conduct relating to your request for Services; any application for Services; our collection of any amounts you owe; oral or written communications between or concerning you and us; our disclosure of or failure to protect any information about you; or the relationship(s) between you and us that result from any of the foregoing. “Claim” is to be given the broadest possible meaning and includes claims of every kind and nature, including but not limited to, initial claims, counterclaims, cross-claims and third-party claims, and claims based on any constitution, statute, regulation, ordinance, common law rule (including rules relating to contracts, torts, negligence, fraud or other intentional wrongs) and equity. It includes disputes that seek relief of any type, including damages and/or injunctive, declaratory or other equitable relief.

Notwithstanding the foregoing, “Claim” does not include any individual action brought by you or us in small claims court or your or our state’s equivalent court, unless such action is transferred, removed, or appealed to a different court (in which case it is subject to arbitration). After a case is filed with the arbitration administrator, but before the arbitrator is formally appointed to the case, a party can send a written notice to the opposing party and the administrator that the dispute is within the jurisdiction of the small claims court (or an equivalent court) and that it wants the case decided by said court. After receiving this notice, the administrator will administratively close the case without requiring the payment of filing or any other administrative fees. In addition, except as set forth in the immediately following sentence, “Claim” does not include disputes about the validity, enforceability, coverage or scope of the Arbitration Provision or any part thereof (including, without limitation, Sections 5(C), (D) and/or (E) of the Arbitration Provision (the “Class Action and Multi-Party Claim Waiver”), the clause in the second sentence of Section 10 of the Arbitration Provision beginning with the words “provided, however,” and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of the loan agreement as a whole is for the arbitrator, not a court, to decide. “Claim” also does not include any “self-help remedy” (that is, any steps taken to enforce rights without a determination by a court or arbitrator, for example, repossession and/or re-titling of a motor vehicle) or any individual action by you or us to prevent the other party from using any self-help remedy, so long as such self-help remedy or individual judicial action does not involve a request for monetary relief of any kind.

“Proceeding” means any judicial or arbitration proceeding regarding any Claim. “Complaining Party” means the party who threatens or asserts a Claim in any Proceeding and “Defending Party” means the party who is a subject of any threatened or actual Claim. “Claim Notice” means written notice of a Claim from a Complaining Party to a Defending Party.

Pre-Dispute Resolution Procedure

Before a Complaining Party asserts a Claim in any Proceeding (including as an individual litigant or as a member or representative of any class or proposed class), the Complaining Party shall give the Defending Party: (1) a Claim Notice (sent on the Complaining Party’s behalf and not on behalf of any other person) providing at least thirty (30) days’ written notice of the Claim and explaining in reasonable detail the nature of the Claim and any supporting facts; and (2) a reasonable good faith opportunity to resolve the Claim on an individual basis without the necessity of a Proceeding. If you are the Complaining Party, you must send the Claim Notice to Attn Legal Dept. P.O. Box 340146, Columbus OH 43235, Attn: Legal Department (or such other address as we shall subsequently provide to you). If you are the Defending Party, we will send the Claim Notice to you at your address appearing in our records or, if you are represented by an attorney, to your attorney at his or her office address. Any statute of limitations applicable to the Claim described in the Claim Notice shall be tolled during the period between the date that the Claim Notice is sent by mail and the later of: (1) 60 days after receipt of the Claim Notice, or (2) 30 days after either the Complaining Party or the Defending Party informs the other that good faith efforts to resolve the Claim informally have ceased. If the Complaining Party and the Defending Party do not reach an agreement to resolve the Claim, the Complaining Party may commence a Proceeding, subject to the terms of the Arbitration Provision. Neither the Complaining Party nor the Defending Party shall disclose in any Proceeding the amount of any settlement demand made by the Complaining Party or any settlement offer made by the Defending Party until after the arbitrator or court determines the amount, if any, to which the Complaining Party is entitled (before the application of Section 7 of the Arbitration Provision). No settlement demand or settlement offer may be used in any Proceeding as evidence or as an admission of any liability or damages.

A lawsuit or arbitration proceeding may not be commenced unless the Complaining Party has complied with this Pre-Dispute Resolution Procedure provision. A court will have authority to enforce this provision, including the power to enjoin the filing or prosecution of arbitrations without first complying with said provision. Unless prohibited by applicable law, the arbitration administrator is without authority to accept or administer any arbitration proceeding unless the Claimant has complied with this Pre-Dispute Resolution Procedure provision.

Arbitration Provision

VERY IMPORTANT. Read this Arbitration Provision carefully. It sets forth when and how Claims will be arbitrated instead of litigated in court. If you don’t reject this Arbitration Provision in accordance with Section 1 below, unless prohibited by applicable law, it will have a substantial impact on the way in which you or we resolve any Claim now or in the future. The full text of the Arbitration Provision, the Jury Trial Waiver, and all related sections (including Right to Reject, Arbitration Election, Class Action and Multi-Party Claim Waiver, Location and Costs, Effect of Arbitration Award, Governing Law, Survival, Severability, and Amendments) is incorporated by reference as if fully set forth here and is available on request from PathCredit at the addresses below.

Jury Trial Waiver

YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A LEGAL RIGHT, BUT THAT IT MAY BE WAIVED UNDER CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE, AFTER HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL, KNOWINGLY AND VOLUNTARILY, AND FOR THE MUTUAL BENEFIT OF ALL PARTIES, WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS LOAN AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION ANY SEPARATE ARBITRATION PROVISION BETWEEN YOU AND US, WHICH CONTAINS ITS OWN SEPARATE JURY TRIAL WAIVER.

7. Digital Millennium Copyright Act Notice

If you are a copyright owner or an agent of a copyright owner and believe that any content posted by a PathCredit user infringes upon your copyrights, you may notify PathCredit pursuant to the Digital Millennium Copyright Act (“DMCA”).

Your DMCA notice must be in writing and sent to PathCredit, Attn: Legal Department, P.O. Box 340146, Columbus, OH 43235, or to legal-notices@pathcredit.com, and must include the following information:

8. Contacting PathCredit

If you have questions regarding this Agreement or PathCredit’s practices, please live chat with the PathCredit team through the PathCredit App, or contact us by using one of the following methods:

Mail: PathCredit, Attn: Customer Care, P.O. Box 340146, Columbus, OH 43235
Phone: 888-265-2557
Email: customerservice@pathcredit.com
Complaints: complaints@pathcredit.com

— End of Terms of Service Agreement —
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