REFUNDO NOW
LOAN AGREEMENT AND PROMISSORY NOTE

TERMS AND CONDITIONS
The terms “Bank,” “we,” “us” and “our” refer to Evolve Bank & Trust, its affiliates, successors,
and/or assigns, if any. The terms “Refundo,” refer to Refundo, Inc., its affiliates, successors,
and/or assigns, if any. In this Refundo NOW Loan Agreement and Promissory Note (“Agreement”)
the terms “I”, “my”, “our(s)”, “you” and “your” refer to the applicant applying for a Deposit
Account or Refundo NOW Advance. You understand that reference to this Agreement with Bank shall
include any person to whom you transfer this Agreement. You may not assign this Agreement without
the prior written consent of Bank. By signing this Agreement you are requesting an advance on your
tax refund (the “NOW”) from Bank. NOW is a one-time, no-recourse loan for an amount no greater than
your tax refund (as defined below). A NOW is paid back with your tax refund but is not an actual
tax refund. You do not have to apply for a NOW. All NOW’s are subject to an APR of 36%, unless
otherwise set forth in the Truth-In-Lending Disclosure attached hereto as Exhibit A. Please see
Truth-In-Lending Disclosure attached hereto as Exhibit A for disclosures related to the NOW. You
agree and acknowledge that you have authorized Bank and Refundo to view and collect certain
confidential information, but you further agree and acknowledge that said authorization does not
create an agency relationship. You must also verify the applicant identifying information set forth
in this Agreement and the accompanying Application before signing this Agreement.
YOU AGREE AND UNDERSTAND A NOW MAY BE APPLIED FOR WITH OR WITHOUT RECEIVING A FEDERAL OR A STATE
REFUND TRANSFER. IF YOU ACCEPT THE NOW, YOU UNDERSTAND THAT THE TERMS OF THE NOW ARE GOVERNED BY
THIS AGREEMENT (INCLUDING EXHIBIT A INCORPORATED HEREIN).
PLEASE REVIEW THE DISCLOSURES ENCLOSED HEREIN (INCLUDING STATE AND REGULATION Z DISCLOSURES).
YOU AGREE TO SIGN THIS AGREEMENT ONLY AFTER REVIEWING AND UNDERSTANDING ALL DISCLOSURES. YOU 
UNDERSTAND AND ACKNOWLEDGE THAT THE ELECTRONIC RETURN ORIGINATOR/ELECTRONIC RETURN TRANSMITTER,
INDEPENDENT TAX PREPARER (“ERO”) PAYS TO THE BANK A FEE FOR EACH APPROVED NOW AND THAT SUCH ERO IS
STRICTLY PROHIBITED FROM CHARGING OR OTHERWISE PASSING THROUGH SUCH A FEE TO YOU.

You acknowledge that the Electronic Return Originator (“ERO”) has served, and continues to serve as
your agent in the completion and transmission of the Application(s) to Bank and Refundo, and you
fully understand that the ERO is an independent contractor and has no authority whatsoever, from
Bank or otherwise, to approve an Application for any Bank Product, including, but not limited to, a
Refund Transfer and NOW, or to otherwise negotiate the terms thereof.

You acknowledge that your ERO, as the case may be, is authorized to act and has so acted as your
agent in connection with the completion and transmission of the Application(s) to Bank for a NOW as
designated and is acting as your agent to arrange and/or accept delivery of your NOW check and any
other funds, if any, and you absolve Bank and Refundo from any liability should the ERO fail to
deliver the check(s) to you.

You understand, acknowledge and agree that if you elect to apply for a NOW, such election will not
constitute Bank’s approval of you as NOW candidate(s) nor shall such election constitute an
agreement by Bank to provide you with a NOW. You understand, acknowledge and agree that (i) Bank
may approve or deny advances subject to its internal qualification and eligibility criteria in its
sole discretion and, (ii) if approved as
(a) NOW candidate(s), you will receive a NOW equal to an amount no greater than the lesser of your
federal tax refund and $9,500, subject to the conditions and limitations herein. You further
understand and acknowledge that the NOW is a loan, you hereby acknowledge that you have been
informed that a NOW is optional and is not a requirement of obtaining a refund transfer and neither
is obtaining a refund transfer a requirement of obtaining a NOW.

You certify the following to be true: (i) your expected federal tax refund payment was not delayed
by the IRS last year, nor was your federal tax refund fully or partially withheld by the IRS last
year; (ii) you are not currently in any dispute or audit with the IRS; (iii) you do not have a
payment plan with the IRS; (iv) you do not have any outstanding tax liens; (v) you have not
previously filed a federal income tax return this year (including any amended or prior year
returns); (vi) you have not missed filing a required tax return in the last two (2) years; (vii)
you are not delinquent on student loan payments; you do not currently have a payment plan with any
bankruptcy court; (viii) you have not filed for Chapter 7, 11 or 13 bankruptcy in the last eighteen
(18) months; (ix) you have not made an estimated tax payment in 2020. You understand that
(i) the provision of the NOW proceeds to you constitutes an offer by Bank to enter into a loan
transaction with you and the terms of the proposed loan transaction are set forth in the Agreement;
(ii) your negotiation of the negotiable instrument associated with the NOW (or other receipt of NOW
proceeds) shall constitute your acceptance of Bank’s offer, thus obligating you to the terms of
this Agreement; (iii) as further described herein, you may reject Bank’s offer by canceling the NOW
by declining to negotiate the negotiable instrument provided in connection with the NOW and
returning it to the Bank or returning the NOW proceeds; (iv) Bank will make a NOW to you if the
Application is approved by Bank in its sole and absolute discretion; and (v) you can only apply for
a NOW through February 28, 2021. If you want to cancel the NOW and decline to negotiate the
negotiable instrument provided in connection with the NOW, you shall notify Bank within 48 hours of
the time you receive the NOW check of your intent to cancel by contacting Bank at (888) 820-7848.
If you cancel the NOW, you will promptly return the negotiable instrument provided in connection
with the NOW to Bank.

1. PROMISE TO PAY FROM YOUR FEDERAL/STATE TAX REFUND - If you are approved for a NOW, you promise
to pay to Bank the amount in Box 4 (the “Total of Payments”) of the foregoing Truth-In-Lending
Disclosure (Exhibit A) from your 2020 Federal Income Tax Refund, if any, and where allowed by law,
your 2020 State Income Tax Refund(s), if any (collectively “Refund”). Your payment will be due on
demand on or after the day your tax refund (“Final Due Date”) is deposited into the
limited/special-purpose custodial account designated by you when selecting Refundo as your
Authorized Payment Agent (“Deposit Account”). You agree that our initiating a withdrawal from the
Deposit Account will constitute a demand under this Agreement. You understand and agree that you
may also make a manual payment to your outstanding NOW balance at any time by mailing payment to
Bank at: Evolve Bank & Trust ℅ Refundo, Inc., P.O. Box 837, Elizabeth, NJ 07207. You also
understand that the Bank’s acceptance of any payment made that is less than the amount you owe Bank
is not an accord or satisfaction of your outstanding liability to Bank. All payments will be
applied first to the principal; and then to any unpaid fees then due, whether they are incurred as
a result of failed payments, processing fees assessed or ERO/Transmitter or other third-party
services. However, if you are delinquent, the application of your payments may change. You
understand that reference to this Loan Agreement and Promissory Note (the “Note”) to Bank shall
include any person to whom you transfer this Note.
2. INTEREST - Interest will be charged on unpaid principal until the full amount of principal has
been paid. Interest under this Note will accrue daily on the basis of a 365 day year. The interest
rate you will pay will be the rate you will pay both before and after any default. All parties
intend to contract in strict compliance with applicable usury law from time to time in effect. In
furtherance thereof, you and Bank stipulate and agree that none of the terms and provisions
contained herein shall ever be construed to create a contract to pay for the use, forbearance or
detention of money or interest in excess of the maximum amount of interest (including all charges
and fees) permitted to be charged by applicable law, from time to time. If a law that applies to
the NOW and sets maximum loan charges is finally interpreted so that the interest or other loan
charges collected or to be collected in connection with the NOW exceed the permitted limits, then:
(a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the
permitted limit; and (b) any sums already collected from you that exceeded permitted limits will be
refunded to you. Bank may choose to make this refund by reducing the principal owed under this Note
or by making a direct payment to you.
3.ORIGINATION FEE - If this NOW is subject to an origination fee, such fee will be deducted from
either the NOW proceeds and paid to the Bank or from any Federal Refund and/or State Refund. Any
origination fee is not refundable regardless of when, or if, the NOW is paid in full. You
acknowledge that the origination fee is considered part of the principal of your NOW and is subject
to the accrual of interest. The origination fee is determined by the principal amount of the NOW.
All NOWs are subject to an origination fee. The origination fee for a NOW that is originated prior
to the receipt of the IRS acknowledgment of the federal tax return with a principal amount of $500
is $14.80. The origination fee for a NOW with a principal amount of $1,000 is $29.60. The
origination fee for a NOW with a principal amount of $2,000 is $59.19. The origination fee for a
NOW with a principal amount of $3,000 is $88.79. The origination fee for a NOW with a principal
amount of $5,000 is $147.98. The origination fee for a NOW with a principal amount of
$6,500 is $192.37. The origination fee for a NOW with a principal amount of $9,500 is $281.15.
4. PREPAYMENTS AND PARTIAL PAYMENTS - You may make any payment early, in whole or in part, without
penalty or premium at any time. Any partial prepayment will be credited against the NOW balance as
described above. Any partial repayment does not postpone the Final Due Date unless expressly agreed
to in writing. If you prepay this Note in part, you agree that Bank may still deduct from your
Federal Refund and/or State Refund all fees described in the Refund Transfer Application and
Account Agreement and you understand that you must make payments until all amounts due under this
Note are paid in full. Bank may accept late payments or partial payments, even though marked “paid
in full”, without losing any rights under this Note.
5. PRIMARY NOW ELIGIBILITY CRITERIA AND REQUIREMENTS - To be eligible for a NOW you must be at
least 18 years of age. You must have your income tax return prepared by an approved tax preparer
with an approved tax year 2020 income source document. You must sign an authorization to have your
income tax return electronically filed by your tax preparer. You may not apply for a NOW that is
greater than the amount of your anticipated federal tax refund. You may not apply for a NOW on
behalf of any party that is deceased.
6. SECURED AGREEMENT - You hereby assign to Bank your (1) 2020 federal income tax refund, (2) and
unless otherwise prevented by law, your 2020 state income tax refund(s), (3) your funds in the
Deposit Account, and (4) any account in which the proceeds of such refunds are deposited, if any;
to the extent necessary to facilitate collection by Bank of any amounts authorized by this
agreement and the Refund Transfer Application and Account Agreement, with priority to amounts
authorized by this agreement. You also grant Bank a security interest in the same. You agree that
Bank may assign, sell, or transfer its ownership of all or part of its rights arising under this
agreement to a third party or affiliate of Bank. You may not revoke this security interest or any
assignment.
7. DEFAULT - You may be deemed in default (each, an “Event of Default”) of your obligations under
this Agreement if you: (1) fail to pay any amount due on the NOW; (2) file or have instituted
against it or any joint applicant any bankruptcy or insolvency proceedings or make any assignment
for the benefit of creditors; (3) commit fraud or make any material misrepresentation in connection
with this NOW, or in any other documents, applications or related materials, including your 2020
tax return, delivered to Bank in connection with the NOW; (4) fail to abide by the terms of this
Agreement or Refund Transfer Application and Account Agreement; or (5) breach any warranty or
representation made under this Agreement or provide untrue or false statements or information in
connection with the NOW or the application for a loan from Bank. Upon the occurrence of an Event of
Default, Bank may exercise all remedies available under applicable law and this Agreement,
including, without limitation, demand that you immediately pay all amounts owed on this Agreement.
The fact that Bank may not demand payment of the full amount of the NOW immediately upon the
occurrence of an Event of Default does not constitute a waiver of the default or of Bank’s
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REFUNDO NOW
LOAN AGREEMENT AND PROMISSORY NOTE

rights to require immediate payment or exercise other remedies for any Event of Default. You agree
that you shall reimburse all of Bank’s expenses relating to Bank’s collection of the payments after
an Event of Default, including attorneys’ fees and legal expenses.
8. CONTROLLING LAW - The provisions of this Note will be governed by federal laws and the laws of
the State of Tennessee to the extent not preempted, without regard to any principle of conflicts of
law. The unenforceability of any provision of this Note shall not affect the enforceability or
validity of any other provision of this Note.
9. JOINT AND SEVERAL LIABILITY - The liability of any joint applicant to repay in full the NOW is
in addition to and not in lieu of the obligations of the primary applicant to repay the NOW in
full. The joint applicant agrees to abide by the terms and conditions of this Note or any other
agreements or documents provided or executed as part of the application process as if an original
signatory. Bank (or its designee) has sole discretion to proceed against both you and any joint
applicant to recover all the amounts due under this Note. Further, Bank (or its designee) can
accept instructions from either you or the joint applicant, and notice given to either party shall
be binding on both parties, and all disclosures provided to a party will be deemed simultaneously
received by all parties.
10. MILITARY LENDING ACT-COVERED BORROWERS - Federal law provides important protections to active
duty members of the Armed Forces and their dependents relating to extensions of consumer credit. In
general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may
not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the
credit transaction or account: the costs associated with credit insurance premiums; fees for
ancillary products sold with the credit transaction; any application fee charged (other than
certain application fees for specified credit transactions or accounts); and any participation fee
charged (other than certain participation fees for a credit card account). To obtain oral
information regarding the Military Annual Percentage Rate and a description of the payment
obligation, covered borrowers may call the following toll-free number: 1-888-820-7848.
11. STATE LAW NOTICES -
11.1   CALIFORNIA RESIDENTS ONLY - A married applicant may apply for a separate account. If Bank
takes 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 compiles and maintains files on consumers on a nationwide basis.
11.2   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.
11.3   KANSAS: NOTICE TO CONSUMER - 1. Do not enter into this agreement before you read it. 2. You
are entitled to a copy of this agreement. 3. You may prepay the unpaid balance at any time without
penalty.
11.4   MASSACHUSETTS RESIDENTS ONLY - Massachusetts law prohibits discrimination based upon
marital status or sexual orientation.
11.5   MISSOURI AND NEBRASKA RESIDENTS - ORAL LOAN AGREEMENTS OR COMMITMENTS TO LOAN MONEY, TO
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 THE BANK 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.
11.6   NEW JERSEY RESIDENTS - The section headings of the agreement are a table of contents and
are 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) by which Bank is or may be permitted by “applicable law” are
permitted by New Jersey law and (ii) that may be or will be taken by Bank unless prohibited by
“applicable law” are permitted by New Jersey law.
11.7   NEW YORK, RHODE ISLAND, AND VERMONT RESIDENTS - You understand and agree that Bank may
obtain a consumer credit report in connection with this application and in connection with any
update or any 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 Bank 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.
11.8   OHIO RESIDENTS ONLY - 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.
11.9   WASHINGTON RESIDENTS ONLY - Oral agreements or oral commitments to loan money, to extend
credit or to forbear from enforcing repayment of a debt are not enforceable under Washington law.
11.10 WISCONSIN RESIDENTS ONLY: For married Wisconsin residents, your signature confirms that this
loan obligation is being incurred in the interest of your marriage or family. No provision of any
marital property agreement (premarital agreement), unilateral statement under § 766.59 of the
Wisconsin statutes or court decree under § 766.70 adversely affects Bank’s interest unless, prior
to the time that the loan is approved, Bank is furnished with a copy of the marital property
agreement, statement or decree or has actual knowledge of the adverse provision. If this loan for
which you are applying is granted, you will notify Bank if you have a spouse who needs to receive
notification that credit has been extended to you.
12. PROCEDURES FOR NOW - If you are approved for a NOW, Bank will disburse your NOW by check,
direct deposit, or prepaid debit card. Bank is under no obligation to provide you with a NOW unless
and until it approves your NOW application. Bank is not affiliated with your tax preparer and does
not warrant the accuracy of your tax return. By signing this Agreement you understand that you will
not receive your tax refund directly from the IRS. As requested by you in the Refund Transfer
Application and Account Agreement, you have designated Refundo as your Authorized Payment Agent. As
such, the IRS will send your tax refund into the Deposit Account. Refundo shall act as custodian of
such Deposit Account but you shall be the beneficial owner of such Deposit Account.
13. TRANSMITTAL OF APPLICATION FOR NOW - If you sign this Agreement and any IRS required form to
authorize electronic filing of your return (and equivalent state return, if applicable) prior to
the first day the IRS begins accepting e-filed tax returns, Bank will begin processing your request
for a NOW but your return will not be submitted electronically, via the transmitter, to the IRS
and/or state, until the first day the IRS begins accepting e-filed tax returns. If you sign this
Agreement and any IRS required form to authorize electronic filing of your return (and equivalent
state return, if applicable) after the first day the IRS begins accepting e-filed returns, your tax
preparer will electronically submit, via the transmitter, your tax return(s) to the IRS and/or
state. If you are requesting a NOW and your application is submitted after the last date that NOWs
are available, or if you are denied a NOW, your tax refund, if any, will be deposited into the
Deposit Account and disbursed pursuant to the terms of the separately signed Refund Transfer
Application and Agreement.
14. LIMITED OBLIGATION TO REPAY - NO RECOURSE - NOW IS OFFERED WITHOUT RECOURSE. Pursuant to the
terms of this agreement, Bank will ONLY be repaid for the NOW from your tax refund. If your tax
refund is less than anticipated and therefore fails to repay some or all of the NOW amount, you
will not be required to repay the difference. If Refundo, as your Authorized Payment Agent, does
not receive your tax refund but your tax refund is issued to you by some other means (such as a
check mailed directly from the Department of Treasury or state taxing authority), whether
intentionally or unintentionally, you will be required to repay the NOW immediately. As with
refunds received by Refundo, if your tax refund is less than anticipated, and therefore fails to
repay some or all of the NOW amount, you will not be required to repay Bank the difference.
15. DISCLOSURE OF INFORMATION - You acknowledge that, pursuant to a separate written agreement, you
have authorized your tax preparer to disclose all of your tax return information to Bank and
Refundo. You hereby also authorize Bank and Refundo to disclose to your tax preparer (i) your tax
return information and other information related to the evaluation and processing of this Agreement
and (ii) information related to your NOW.
16. CERTIFICATIONS - By signing the Agreement, you hereby certify, under penalty of law, that: (a)
you are at least 18 years of age; (b) you have not previously filed a 2020 Federal/State Income Tax
Return and have not filed a Federal Refund Transfer or State Refund Transfer or NOW Application or
any of them, since January 1, 2020, and have not applied for such similar products from any other
third party in connection with your 2020 Federal/State Income Tax Return; (c) that the
Application(s) are based upon a bona fide 2020 Federal/State Income Tax Return and that such return
is true, complete and accurate in all respects; and (d) your 2020 Federal/State Income Tax Return
and your tax withholding is based on valid source documents provided by your employer(s) (or any
agency providing information on behalf of your employer(s).
17. SEVERABILITY/MISCELLANEOUS - If any provision of this Agreement is held to be unenforceable,
the remainder of this Agreement shall remain in full force and effect. The provisions in this
Agreement survive the approval of this Agreement and the disbursement of any funds to you.
18. USA PATRIOT ACT - In order to help the government fight the funding of terrorism, money
laundering activities, and identity theft, the USA PATRIOT Act requires all financial institutions
to obtain, verify, and record information that identifies each person who applies for a NOW. What
that means to you is that when you apply for a NOW, you will need to provide your name, street
address, taxpayer identification number, date of birth, and other information that will allow us to
identify you including an unexpired, government-issued, photo ID or other similar identifying
documents.
19. AUTHORIZATION FOR RELEASE OF INFORMATION (SUBSTITUTE FMS FORM 13) - You authorize the Bureau of
Fiscal Service, its employees, agents, and contractors to disclose to Refundo any and all
information related to a debt owed by you to the United States Government, to a State, or any debt
enforced by a State, including child support obligations, and/or any payments made or due to you by
a Federal or State agency, and/or any tax return information disclosed to the Bureau of Fiscal
Service by the Internal Revenue Service in order to collect debt through the levy process under 26
U.S.C. Section 6331(h), and to conduct tax refund offset under 26 U.S.C. Sections 6402. Tax return
information is defined in 26 U.S.C. Section 6103(b). Information includes, but is not limited to,
correspondence and other information related to your debt(s) or payment(s), including your tax
refund payment(s). You acknowledge that neither the Bureau of Fiscal Service nor Refundo is
required to inform you of disclosures made under this authorization. This authorization will be
valid for twenty-four months from the date of the signing of this agreement, unless revoked sooner
by you in writing and the revocation is received and processed by FMS at this address: Supervisor,
TOP Call Center, PO Box 1686, Birmingham, Alabama 35201-1686, with a copy also sent to Refundo at
PO Box 837, Elizabeth, New Jersey 07207. A photocopy, scanned image, or facsimile copy of this
authorization has the same force and effect as an original. You hereby grant Refundo, through the
foregoing Authorization for Release of Information, authority to use any and all written,
electronic, and/or telephonic means to gather information related to any compliance matters and/or
debts on record with the Department of Treasury. Refundo has no duty and you have no expectation
that Refundo will provide you with the results of its communication with the IRS and/or Department
of Treasury.
20. POWER OF ATTORNEY - You hereby authorize Refundo PO Box 837, Elizabeth, NJ 07207, your
recognized representative, to receive and inspect your confidential tax information and to perform
acts that you can perform with respect to the following tax matters: Refundo shall have authority
to receive, and inspect your account transcripts, tax return transcripts, wage and earning
transcripts, and record of account

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REFUNDO NOW
LOAN AGREEMENT AND PROMISSORY NOTE

transcripts related to income tax and compliance matters for forms 1040, 1040A, and 1040EZ for the
years 2017 through 2020. You additionally grant Refundo authority to authorize disclosure to third
parties. You hereby grant Refundo, through this Power of Attorney, authority to use any and all
written, electronic, and/or telephonic means to gather information directly from the U.S.
Department of Treasury or other sources, related to any compliance matters and/or debts on record
with the Department of Treasury or any other agency with authority to offset your anticipated tax
refund. Refundo has no duty and you have no expectation that Refundo will provide you with the
results of its communication with the IRS and/or Department of Treasury. You further grant Bank the
authority to check the status of your refund, if delayed, or for any other reason, using any of the
foregoing means.
21. WAIVER OF RIGHT TO PARTICIPATE IN A CLASS ACTION (This provision may not apply in New York) -
By signing below you agree to waive your right to participate in a class action in regard to any
claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing,
present or future, and including statutory, common law, tort and equitable claims) arising out of
or relating to (i) the Agreement; (ii) any prior agreements between you and us; (iii) your
application for this or any prior transaction with us; (iv) advertisements, promotions or oral or
written statements relating to your Agreements with us or the relationship which result therefrom
(including, to the full extent permitted by applicable law, relationships with third-parties who
are not signatories to the Agreements); and (v) the validity, enforceability, or scope of this
waiver.
22. WAIVER OF JURY TRIAL AND ARBITRATION PROVISION (This provision may not apply in Illinois,
Indiana, or New York) - Arbitration is a process in which persons with a dispute:(i) waive their
rights to file a lawsuit and proceed in court and to have a jury trial to resolve their disputes;
and (ii) agree, instead, to submit their disputes to a neutral third person (an “arbitrator”) for a
decision. Each party to the dispute has an opportunity to present some evidence to the arbitrator.
Pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than
court trials. The arbitrator will issue a final and binding decision resolving the dispute, which
may be enforced as a court judgment. A court rarely overturns an arbitrator’s decision. You agree
that any and all disputes among your Tax Preparer, transmitter, Bank, Refundo, and yourself which
in any way arise out of or relate to this agreement or any dealings between or among any of these
parties shall be resolved solely by binding arbitration before the American Arbitration Association
(“AAA”) before a single arbitrator in an arbitration commenced in an arbitration as close as
possible to where you reside. Each party to any such arbitration shall bear its own separate costs
and expenses of the arbitration and shall share equally in the charges of the AAA, including the
fee of the arbitrator. However, if you are unable to pay any fee of the AAA or the arbitrator, we
agree to pay those fees for you. For Minnesota residents: you have the right to opt out of
arbitration within thirty (30) days of entering into this Agreement by emailing cx@refundo.com, and
you are not bound to arbitration if the claim or dispute involves a violation of Minn. Stat. Ann. §
270C.445(3b), or if you invoke remedies provided in Minn. Stat. Ann. § 270C.445(7).
23. ELECTRONIC DELIVERY NOTICE - Please read this Notice carefully. Scope of Consent -
 By signing this Agreement, you consent to the terms of this Electronic Delivery Notice. You agree
to (1) Communicate with us electronically and (2) Receive electronic delivery of: Notices,
information and communications about NOW and Bank’s other services, and your use of those services;
Disclosures that Bank may be required by law to provide or make available to you in writing - for
example, privacy notice, adverse action notice, etc. ("Disclosures"); Information, notices and
communications about your NOW, refund, or refund transfer, etc. ("Account Information"); and 3.
Receive electronic (instead of paper) versions of Online Info, Disclosures, Notices and Account
Information and admit that electronic versions are "writings" or documents in written form. In our
sole discretion, Bank may choose to provide you with paper (instead of electronic) versions of
Online Info, Disclosures, Notices and Account Information and to not electronically deliver such
items to you. Definition of Electronic Delivery "Electronic Delivery" means making information
available by (1) Posting such information on Refundo’s website www.refundo.com or other applicable
websites; (2) Transmitting such information in an e-mail (or, at our option, in an attachment to an
e-mail) to your e-mail address in our records; or (3) Sending a notice to your e-mail address in
our records that such information is available at our website or with instructions on how to access
such information or with links to such information. You agree that the method of electronic
delivery is at our sole option. Right To Withdraw Your Consent and Right to Request a Paper Copy:
You may withdraw your consent to communicate with us electronically, to receive electronic records
(instead of paper copies), and to receive electronic delivery of Online Info, Disclosures, Notices
and Account Information. Withdrawal of your consent will not affect the validity or enforceability
of Online Info, Disclosures, Notices and Account Information previously electronically delivered to
you. To withdraw your consent or to request a paper copy of Online Info, Disclosures, Notices or
Account Information, write us at Refundo, Attention: Electronic Disclosures, PO Box 837, Elizabeth,
NJ 07207. If you request a paper copy, a photocopy fee and research fee may apply. Your Duty To
Tell Us if You Change Your Email Address: By consenting to this Electronic Delivery Notice, you
also agree to notify us if your e-mail address changes, or if the email address that is printed on
the documents provided by your tax preparer is incorrect, write us at Refundo, Attention:
Electronic Disclosures, PO Box 837, Elizabeth, NJ 07207. Hardware And Software Requirements For
Accessing and Retaining Electronic Disclosures - To access and retain Online Info, Disclosures,
Notices and Account Information, you must have, or have access to: (1) A personal computer with
Internet access and an operating system capable of supporting PDF format, Adobe® Acrobat® Reader®,
version 11 or higher, and an Internet browser (such as Google Chrome 52.0.3203.94 or above or the
equivalent software) with a 128-bit encryption,(2) An e-mail account and e-mail software, (3)
Sufficient electronic storage capacity on your computer's hard drive or other data storage unit to
view, download, print and/or save Online Info, Disclosures, Notices and Account Information, and
(4) A printer that is capable of printing from your browser, e-mail software or hard drive or other
data storage unit, a paper copy of electronic versions of Online Info, Disclosures, Notices and
Account Information. If you have questions about the hardware or software requirements, please call
us at 908-445-5544 during our normal business hours (Monday through Friday, excluding holidays,
from 9:00 a.m. until 5:00 p.m. E.T.). Please print or save a copy of our Electronic Delivery 
Notice. If you are not able to access and save or print our Electronic Delivery Notice, you
cannot consent to our Electronic Delivery Notice or to electronic communications, electronic
records, and electronic delivery.
24. MISCELLANEOUS - Bank may, without notice to you, assign all of its rights, title and interest
in this Note to any other third party, and you further understand, acknowledge and agree that any
assignee may
sell, assign or transfer the Note and all associated documents and information related to the Note
without your consent or delivery of notice. You may not assign this Note without the prior written
consent of Bank. This Note inures to the successors, permitted assigns, heirs, and representatives
of you and Bank. You hereby waive demand notice of nonpayment, protest and all other notices or
demands whatsoever and hereby consent that, without notice to and without releasing the liability
of any party, the obligations evidenced by this Note may from time to time, in whole or in part, be
renewed, extended, modified, accelerated, compromised, settled or released by Bank. Any changes to
this Note must be in writing signed by you and Bank. Notices will be mailed to the addresses then
on record. This Note is subject to the arbitration provisions of this Agreement between Bank and
you, and the Refund Transfer Application and Account Agreement between Refundo and you, which is
incorporated by reference into this Agreement.

SIGNATURES: By signing YOUR NAME below you represent that everything you have stated in this
Agreement is true and correct to the best of your knowledge and that this Agreement, including the
status of your tax refund(s) and your tax withholding, is based on valid source documents provided
by your employer(s) (or any agency providing information on behalf of your employer(s). You
represent that you have read and understand each of the terms and conditions herein, INCLUDING BUT
NOT LIMITED TO THE AUTHORIZATION FOR RELEASE OF INFORMATION DESIGNATED IN PARAGRAPH 19 AND THE
POWER OF ATTORNEY DESIGNATED IN PARAGRAPH 20, and that you agree to each of these terms and
conditions. You acknowledge that you have received a completed copy of this Agreement, you have
received, read and understand this Agreement, Bank’s Privacy Policy, and all applicable state and
federal disclosures, among other things, including the WAIVER OF JURY TRIAL AND ARBITRATION
provision, which may substantially limit your rights in the event of a dispute; You authorize Bank
to obtain your consumer credit report through any credit reporting agency; You irrevocably
authorize Bank to deduct from your Federal refund and/or State refund the amount of the unpaid
balance of your NOW.