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READ BEFORE SUBMITTING APPLICATION

TRUTH IN LENDING DISCLOSURES - The information about the costs of the card described in this application is accurate as of June 1, 2008.  This information may have changed after that date.
 

Standard Terms and Conditions

*The Prime Rate is determined as the Prime Rate published in the Wall Street Journal on the Friday following the last Thursday of each month.

By submitting this application, I acknowledge the following:  I�m applying for an Enhance Patient Financing credit card issued through CIT Bank. I am a US resident and am at least 18 years old.  The information I provided is true and correct to the best of my knowledge.  I authorize CIT Bank and/or its assigns (the �Issuer�) to investigate my creditworthiness (including employment and salary information).  I authorize my merchant to release to Issuer records relevant to charges submitted on my account. This Cardholder Agreement contains an arbitration provision which may limit my rights in the event of a dispute, including my right to litigate in court or have a jury trial, discovery and appeal rights, and the right to participate in a class action suit.  If approved, my credit line can be cancelled at any time by the Issuer. The Cardholder Agreement will be governed by Utah law.  I agree to the terms and conditions listed herein. If this is a joint application, I understand that each applicant has the right to use the account and that I shall be liable for all purchases made under the account by any joint applicant.

YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE

This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.
Notify Us In Case Of Errors Or Questions About Your Bill. If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at ATTN: Complaint Dept., HC Processing Center, P.O. Box 829, Springdale, AR 72765-0829. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights.
   In your letter, give us the following information: Your name and account number; the dollar amount of the suspected error; describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about.
Your Rights And Our Responsibilities After We Receive Your Written Notice. We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct.
   After we receive your letter, we cannot then try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question.
   If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn�t make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due.
   If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is.
   If we don�t follow these rules, we can�t collect the first $50 of the questioned amount, even if your bill was correct.
Special Rules for Credit Card Purchases. If you have a problem with the quality of goods or services that you purchased with your Account, and you have tried in good faith to correct the problem with the Merchant/Provider, you may have the right not to pay the remaining amount due on the goods or services. There are two limitations on this right: (a) You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (b) The purchase price must have been more than $50. These limitations do not apply if we own or operate the Merchant/Provider, or if we mailed you an advertisement for the property or services.

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.

YOUR EFT AUTHORIZATION

I authorize my financial institution to pay and to charge to my account by and payable to the order of CIT Bank or its assigns. I also agree to the terms of the electronic funds transfer (EFT), as stated below:

I authorize CIT Bank or its assigns to begin monthly deductions for the minimum monthly payment due on my Account and for the financial institution named below to pay each amount from my checking account. I understand that I may cancel this authorization by notifying HC Processing Center in writing to remove my account from EFT. HC Processing Center will have 30 days to change my billing. CIT Bank reserves the right to terminate my participation in EFT. A voided, blank check (or a copy) must be submitted along with this authorization section to HC Processing Center, PO Box 829, Springdale, AR 72765-0829 for us to act on your authorization request. 

 Name of Financial Institution: _______________________________________________________________ 

 Cardholder Signature: _______________________________________________    Date: ________________    

Be sure to retain a copy of this document for your records.

325OVEPFE2 - Cardholder Agreement Terms and Conditions                                                                           6/08                                                                                                                                                                    

This Agreement will govern your credit card Account once your application is approved by us.  In this Agreement, the words �you� and �your� mean the applicant(s) shown on the application and anyone else you authorize or permit to use your account.  The words �we�, �us�, and �our� mean CIT Bank, the issuer of the card, or its assigns.

1. USE OF CARD: Subject to the terms and conditions set forth in this Agreement, you may use your card to purchase merchandise or services from Merchants who participate in this credit card plan (hereinafter referred to as the �Merchant�).  Before contracting for the purchase of any goods or services on credit, you must first notify the Merchant of your intention to charge your purchase on your card and obtain the Merchant�s approval.  We will not extend credit to you for such a purchase unless prior notice and approval have been given, and we will not be liable if any Merchant refuses to honor your card. The Merchant will prepare and submit a charge slip for each purchase and/or submit the charge electronically to us for payment.

2. PROMISE TO PAY: You promise to pay, in accordance with the account terms and payment schedule set forth in this Agreement (including any amendments which may be made from time to time), all credit extensions made by us for any goods and services purchased and all finance charges, fees and other charges you owe.

3. MONTHLY BILLING STATEMENT: We�ll send you a statement (bill) at the end of each monthly billing cycle during which purchases are posted to your account or at the end of which there is a balance due us.  You agree to examine each monthly billing statement and to notify us immediately of any charge or item that you dispute.

4. MINIMUM PAYMENTS: Your minimum monthly payment will be the greater of 3.25% of the outstanding balance, or $25; or, if your total balance is less than $25, your minimum payment will be your balance. Your minimum payment will be rounded up to the nearest whole dollar. Any past due amount you owe and any amounts that exceed your credit limit may be included in the minimum payment due. Paying more than the minimum payment due in one billing cycle will not allow you to skip payments in the cycles that follow. Unless promotional terms apply, a minimum payment is due every billing cycle, as long as you have a balance on your account.

5.  HOW WE APPLY YOUR PAYMENTS: Your payments will be credited to your account when received with the remittance stub at our Payment Address as shown on your monthly billing statements.  If you send your payment to any location other than the designated address, credit for your payments may be delayed up to 5 days.  Application of your payments will be allocated in the manner we determine, in accordance with applicable law.  If you overpay your balance, we will send you a check for the amount of the overpayment providing the payment has cleared your financial institution.  Your available credit will be increased by the amount of your payment within 14 days after receipt of your payment. 

6. GRACE PERIOD AND FINANCE CHARGES: Unless promotional terms are in effect, the following terms and conditions shall apply:  If the beginning balance on your statement is zero, you have 25 days from statement date to pay new charges in full without incurring FINANCE CHARGES.  Otherwise, FINANCE CHARGES may be assessed for the number of days a balance remained on your account.  To figure and impose the FINANCE CHARGES during any billing cycle, we will apply a �Daily Periodic Rate� to the average daily balance of your account, including current transactions.  The �Daily Periodic Rate� for any billing cycle is calculated by dividing the Annual Percentage Rate (APR) by 365.  Annual Percentage Rate (APR) - Your Standard APR shall be variable and the greater of: a.) a daily factor of .06299% (Minimum APR of 22.99%), or b.) 14.99% plus the Prime Rate.  The Prime Rate may change monthly and your APR may change if the Prime Rate changes; �Prime Rate� shall be determined as the Prime Rate published in the Wall Street Journal on the Friday following the last Thursday of the month.  As of June 1, 2008, the Standard APR is a daily factor of .06299%, which is an APR of 22.99% divided by 365.  Default APR: - If you do not make your Minimum Payment by the Payment Due Date printed on your statement, or if a payment you make is not honored by your financial institution, the Default APR, rather than the Standard APR, may apply to your existing and new balances effective with the first day of the billing cycle in which you missed your Payment Due Date. The Default APR is a variable rate of 21.99% plus the Prime Rate.   As of June 1, 2008, the Default APR is a daily factor of .07395% which is 26.99% divided by 365. Neither the Standard APR nor the Default APR shall exceed a Maximum APR of 29.99%.   At our discretion, your account(s) may be returned to the applicable Standard APR after 12 months of receipt of on-time payments of at least the Minimum Payment(s).   Balance Subject to Finance Charges � Any daily balance of less than zero will be treated as zero.

6A. ANNUAL FEE: An Annual Fee of $39 will be assessed to your account the first month your account has a charge. Thereafter, the Annual Fee will be assessed each year in the anniversary month of your first charge.

6B. SERVICE CHARGE: None.

7. CREDIT LIMIT: We will establish a credit limit for you, which will be the maximum amount of credit that can be outstanding on your account at any time.  You agree that you will not use or permit others to use your card to obtain credit if it would cause the outstanding balance of your account to exceed your credit limit.  However, we may, at our option, without waiving any of our rights, recognize transactions and extend credit to you even if such extensions would cause your outstanding balance to exceed your credit limit.  In that event, you agree to pay on demand all credit extended in excess of your credit limit.

8. RETURNED ITEM FEE: A fee of $25 will be charged each time a payment on your account is returned unpaid.  This fee amount may be changed by us from time to time upon 10 days prior written notice.

9. DELINQUENCY CHARGE: If you fail to make your Minimum Payment by the Payment Due Date shown on your statement, a delinquency charge of $25 will be imposed on balances of $250 or less; or $39 on balances greater than $250.  This delinquency charge amount may be changed by us from time to time without prior notice.

10. EXCEEDING YOUR CREDIT LIMIT: We will charge a $29 fee for each billing period in which your balance exceeds your credit limit.  You may request a credit limit increase at any time.

11. ADDITIONAL CHARGES: At our discretion, we may impose fees for services requested by you in connection with your account (hereinafter referred to as �Additional Charges�), including, but not limited to, stop payment charges, searches, copies of documents, processing and handling fees for automated checks or drafts and for credit limit increases.  You may contact us at 888-750-6795 for the current fee schedule of additional charges.

12. ENTIRE BALANCE DUE: If you miss a payment or break one of your promises under this Agreement, we can demand payment of the entire outstanding balance of your account at once.  (The only exception is a valid dispute over an alleged billing error.)  We can also do this if you made any false or misleading statement on your application, if you become insolvent or are subject to bankruptcy proceedings, or if you die.

13. COLLECTION COSTS: To the extent permitted by applicable law, you promise to pay all collection costs including reasonable attorney�s fees, provided the attorney is not our salaried employee.

14. NOTICES: If we have to notify you of anything concerning your account, we will use your name and address as it appears on our records.  If we do this, the notice will be effective.  If you need to contact us, all written communications, including written communications concerning disputed amounts and any check or other payment instrument that (a) indicates that the payment constitutes �payment in full� or is tendered as full satisfaction of a disputed amount, or (b) is tendered with other conditions or limitations, must be mailed to ATTN: HC Processing Center, Customer Service, P.O. Box 829, Springdale, AR 72765-0829.

15. INVALIDITY: If one or more provisions of this agreement are declared invalid or unenforceable, the remaining conditions and terms will stand on their own and will not be affected.

16. CHANGING OUR AGREEMENT: Subject to provisions of applicable law, we can change the terms of this Agreement at any time, and the new terms will be effective on the date of the change or on the day we specify.  If the law requires us to notify you in a certain way, we will comply.

17. AUTHORIZATION FOR RELEASE OF CREDIT INFORMATION: You agree that we can report to Merchants on the status of your account, including information about balances and payment history, and we can answer questions and requests from others for credit and experience information about you and your accounts with us.

18. ASSIGNMENT: We have the right to assign any amounts you owe us.  We can also assign and transfer our rights under this agreement.

19. LOST OR STOLEN CARDS: If your card is lost or stolen, you promise to notify us at once.  Call 888-750-6795.

20. LIABLITY FOR UNAUTHORIZED USE: You may be liable for the unauthorized use of your card.  You will not be liable for any unauthorized use that occurs after you notify us by calling 888-750-6795 or in writing at the address given in Section 14, above, of the loss, theft, or possible unauthorized use.  In any case, your liability will not exceed $50.

21. CANCELLATION: We can cancel your card at any time.  If cancelled, you promise to destroy the card immediately.  We can terminate or modify all or any part of your card privileges at any time.

22. GOVERNING LAW: This Agreement and all transactions under it will be governed by the laws of the State of Utah, which are expressly adopted to control all transactions hereunder.

23. ARBITRATION: This Arbitration Provision sets forth the circumstances and procedures under which Claims (as defined below) shall be arbitrated instead of litigated in court.  As used in this Arbitration Provision, the term �Claim� means any claim, dispute, or controversy between you and us arising from or relating to this Cardholder Agreement (the �Agreement�) in excess of $5000.  �Claim� includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statute, common law and equity.

The term �Claim� is to be given the broadest possible meaning and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (a) the credit card account (�Account�) created by the Agreement or any prior agreement, or any balances on the Account, (b) advertisements, promotions or oral or written statements related to the Account, goods or services financed under the Account or the terms of financing and (c) your application for the Account.  Any Claim shall be resolved by arbitration pursuant to this Arbitration Provision and the Code of Procedure (�Code�) of the National Arbitration Forum (�NAF�) in effect at the time the Claim is filed.  (If for any reason the NAF is unable or unwilling or ceases to serve as arbitration administrator, another nationally recognized arbitration organization utilizing a similar code of procedure will be substituted by us.)

NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT OR HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE NAF CODE.  FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.  THE ARBITRATOR�S DECISION WILL BE FINAL AND BINDING.  NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.