Please read the following important agreements and disclosures. This is a credit application for the GreenSky^® Program, which is offered by participating financial institutions, and submitting it means that you have read and agree to all the steps described below. These agreements and disclosures can be found online anytime at www.greensky.com/disclosures. Please retain a copy of them for your records.

Definitions: For the purposes of these disclosures, the following definitions apply:

“Lender,” “us,” “we” or “our” shall include any financial institution participating in the GreenSky^® Loan Program (the “GreenSky^® Program”).

“You” or “your” shall include any applicant and any co-applicant collectively, submitting an application for a loan with the GreenSky^® Program.

1. APPLICATION AGREEMENTS AND DISCLOSURES FOR GREENSKY^® CONSUMER LOAN PROGRAM

We are providing the following Disclosures to you in connection with your application for a loan from one of the Lenders.

Important Disclosures:

By submitting this application for credit, you agree that you have read and understand the following:

1. THE FOLLOWING IS 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 a new 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.
2. In providing your income as part of this application, or in providing any subsequent update to your income, you should provide total available wages, retirement benefits, and any income from investments or rental properties. If you include non-taxable income or benefits, you should increase them by 25%. Alimony, child support, or separate maintenance payments is optional and need not be revealed if you do not wish to have it considered as a basis for repaying your loan.
3. If you request, you will be informed whether a credit report was requested and, if so, the name and address of the consumer reporting agency that furnished the report.
4. If approved for a loan, you will be required to activate your loan account, and we will ask you to accept your Installment Loan Agreement (“Agreement”) by signing it electronically. The dated electronic record of your acceptance of the Agreement will evidence your signature of the Agreement and have the same legal effect as a physical signature.
5. If approved for a loan, your loan may include an Origination Fee up to $89.00 that will be charged by your lender as a non-refundable upfront cost of credit charge. Any Origination Fee will be disclosed in your Truth in Lending Disclosure Statement and Loan Agreement and reflected in the estimated APR and Finance Charge. It will be assessed at the time of your first transaction and become payable when your first payment is due.
6. Notice to All Applicants, Including New York, Rhode Island and Vermont Residents: A consumer credit report may be requested in connection with this application or in connection with updates, renewals or extensions of credit granted as a result of this application. Upon your request, you will be informed whether or not such a report was requested and, if so, the name and address of the agency that furnished the report.
7. The following state-specific notices apply, as indicated, to California, Delaware, Maryland, New York, Ohio, Vermont, and Wisconsin applicants:
   
   California Residents: If you are married, you may apply for a separate account.
   Delaware Residents: Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month.
   Maryland Residents: Finance charges will be made in amounts or at rates not in excess of those permitted by law.
   New York Residents: New York residents may contact the New York State Department of Financial Services by telephone or visit its website for free information on comparative credit card rates, fees, and grace periods. You can call the New York State Department of Financial Services at 1-800-342-3736 or visit www.dfs.ny.gov.
   Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio civil rights commission administers compliance with this law.
   Vermont Residents: We are engaged in loan production.
   Married Wisconsin Residents: If you are applying for individual credit or joint credit with someone other than your spouse, and your spouse also lives in Wisconsin, combine your financial information with your spouse’s financial information. If you are married: (i) You confirm that this Loan is being incurred in the interest of your marriage or family. (ii) No provision of any marital property agreement, unilateral agreement, or court decree under Wisconsin’s Marital Property Act will adversely affect a creditor's interest unless before the time credit is granted, the creditor is furnished a copy of that agreement or decree or is given complete information about the agreement or decree. (iii) You understand and agree that we will provide a notice of the extension of credit to your spouse for his or her information. If the Loan for which you are applying is granted, prior to your use of the loan proceeds, and at least 10 business days before your first payment is due, you will notify us if you have a spouse by sending your name and your spouse’s name and address, to us at the Notice Address in Section 11 of your Loan Agreement, Attention: Wisconsin Resident.

Important Applicant Agreements:
By submitting this application for credit, you agree to the following:

1. You are applying for any product that we may offer as part of the GreenSky^® Program, including a fixture secured loan, regardless of any product your merchant may have specifically discussed with you.
2. All of the statements (whether verbally or written) communicated to us and to your merchant related to this application are true and correct and are made for the purposes of obtaining credit.
3. If more than one applicant is applying, each applicant intends to apply for joint credit and none is a co-signer (a “co-signer” is a person who agrees to be liable for the debt of another person without receiving the benefit of the loan; a “joint applicant” is a person who intends to apply for joint credit and will receive the benefit of the loan). Although we allow joint applicants to apply for joint credit, we do not allow borrowers to use “co-signers”.
4. You will provide additional financial information upon request.
5. You are requesting that your lender issue you a shopping pass card if your credit application is approved.

By submitting this loan application, you expressly authorize us and our agents, service providers and representatives to:

1. Obtain a credit report on you for this application and for any other legal purpose, including any account update, extension of credit, or review or collection of your loan.
2. Share with your merchant, any sponsor of your Merchant and any manufacturer, including, respectively for each, any service providers, parent/affiliate entities, and franchisors/franchisees: (i) the application information (including our credit decision, and your credit score), and (ii) if approved, the loan information (including your approved credit limit, loan status, the repayment period, approved APR, account number, and any loan disbursement transactions).
3. Share with any co-applicant loan related information, including but not limited to, your credit decision, proposed loan terms, and personal credit scores, which will have the same effect as personal delivery to you.
4. Contact you about our products, services, special offers and other promotions at any email address provided to us now or in the future. Contact you at any mobile number and any future mobile number that you provide by phone or text message using an automated telephone dialing system or artificial or prerecorded voices, for any legal purpose, including but not limited to, servicing and collecting any loan. You may revoke your consent at any time by contacting us at 1-866-936-0602 or P.O. Box 2730, Alpharetta, GA 30023.
5. Share with your merchant your contact information including address, email address, and telephone number.
6. Contact your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, to our third party service provider, solely to verify your identity and prevent fraud for the duration of the business relationship. See the GreenSky^® Program Privacy Policy https://www.greensky.com/privacy-policy for how we treat data collected online through the GreenSky^® Program websites, online through the GreenSky^® Program mobile applications that link to this Privacy Policy, and offline via mail, telephone, and in person. If you are approved for a loan through the GreenSky^® Program, your information may also be subject to a privacy policy specific to your lender under the GreenSky^® Program.

2. MARKETING DISCLOSURES AND CONSENT FOR COLLECTION/RECEIPT OF INFORMATION FOR MARKETING PURPOSES

In addition to providing personal information in connection with a GreenSky^® Program Loan application, you agree that you are providing a copy of any information, including personally-identifiable information (“PII”), to GreenSky Marketing, LLC for its collection, use, and disclosure consistent with the GreenSky^® Program Privacy Policy at https://www.greensky.com/privacy-policy, including, but not limited to, using and sharing such information with unaffiliated third-parties for their marketing purposes. You also authorize your GreenSky^® Program Lender to provide GreenSky Marketing, LLC with all information about you and your GreenSky^® Program loan, including, but not limited to, details about your loan and loan performance so that GreenSky Marketing, LLC may use and/or disclose such information for GreenSky Marketing, LLC (and/or its affiliates and third-parties) to provide you with various marketing offers. You understand and agree that your written instruction and authorizations are voluntary and shall remain in effect until you revoke them by submitting an opt-out request through the webform, or by contacting us at 833-215-6867.

GreenSky^® Program NMLS #1416362

Please read the following important agreements and disclosures. This is a credit application, and submitting it means that you have read and agree to all the steps described below. These agreements and disclosures can be found online anytime at www.greensky.com/disclosures/#patient. Please retain a copy of them for your records.

Definitions:
For the purposes of these disclosures, the following definitions apply:
“Lender,” “us,” “we” or “our” shall include any financial institution, and their agents, service providers, and representatives, participating in the GreenSky Patient Solutions^® Program.
“You” or “your” shall include any applicant and any co-applicant, if any, collectively, submitting an application for a loan with the GreenSky Patient Solutions^® Program.

APPLICATION AGREEMENTS AND DISCLOSURES FOR THE GREENSKY PATIENT SOLUTIONS^® PROGRAM

We are providing the following Disclosures to you in connection with your application for a loan from one of the financial institutions offering the GreenSky Patient Solutions^® Program.

GreenSky Patient Solutions^® Program NMLS #1416362

Please read the following important notices, certification, and authorizations before submitting an application. Please retain a copy of these for your records. These disclosures can be found online anytime at www.greensky.com/disclosures.

Definitions:
For the purposes of these disclosures, the following definitions apply:
“Lender,” “us,” “we” or “our” shall include any financial institution participating in the GreenSky^® Program.
“You” shall include any applicant and any co-applicant, if any, collectively, submitting an application for a loan with the GreenSky^® Program.

Important Notices from Us to You:

1. THE FOLLOWING IS 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 a new 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.
2. In providing your income as part of this application or any subsequent update to your income, Alimony, child support, or separate maintenance payments need not be revealed if you do not wish to have them considered.
3. If you request, you will be informed whether a credit report was requested and, if so, the name and address of the consumer reporting agency that furnished this report.
4. Where applicable, you will be charged a one-time Account Activation Fee (finance charge) of $39 at the time of first purchase.
5. If approved for a loan, a Shopping Pass will be issued to you. Use of your Shopping Pass or otherwise using your installment loan to make a purchase, whether in store, online, on the telephone, with your merchant or otherwise by any borrower authorized on the loan agreement, will constitute acceptance of the loan and the loan agreement governing the Shopping Pass by all borrowers. The physical and electronic records of any such purchase will constitute the signature of all borrowers on the loan agreement.
6. The following state-specific notices apply, as indicated, to California, Ohio, and Wisconsin applicants:
   California Residents: If you are married, you may apply for a separate account.
   Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio civil rights commission administers compliance with this law.
   Married Wisconsin Residents: If you are applying for individual credit or joint credit with someone other than your spouse, and your spouse also lives in Wisconsin, combine your financial information with your spouse’s financial information. No provision of any marital property agreement, unilateral statement under Section 766.59 of the Wisconsin statutes or court order under section 766.70 adversely affects the interest of the lender, unless the lender, prior to the time credit is granted, is furnished a copy of the agreement, statement of decree or has actual knowledge of the adverse provision when the obligation to the lender is incurred. If married, you understand that your lender must inform your spouse if a credit account is opened for you.

Important Certifications and Authorizations from You to Us:

Applicant Certifications:

By submitting this application for credit, you certify the following:

1. You are applying for any product that we may offer as part of the GreenSky^® Program regardless of any product your merchant may have specifically discussed with you.
2. All of the statements (whether verbally or written) communicated to us and to your merchant related to this application are true and correct and are made for the purposes of obtaining credit.
3. If more than one applicant is applying, each applicant intends to apply for joint credit and none is a co-signer (a “co-signer” is a person who agrees to be liable for the debt of another person without receiving the benefit of the loan, whereas a “joint applicant” is a person who intends to apply for joint credit and will receive the benefit of the loan; although we allow joint applicants to apply for joint credit, we do not allow borrowers to use “co-signers”).

Applicant Authorizations:

By submitting this loan application, you expressly authorize us to:

1. Obtain a credit report on you for any legal purpose in connection with this loan application, including any account update, extension of credit, or review or collection of your loan.
2. Share with your merchant our credit decision, including your credit score, and if approved, the credit decision and loan information, including, but not limited to, your approved credit limit, the repayment period for your loan, your approved APR, and account number. You also agree to provide additional financial information upon request.
3. Share with any co-applicant loan related information, including but not limited to, your credit decision, proposed loan terms, and personal credit scores, which will have the same effect as personal delivery to you.
4. Contact you about our products, services, special offers and other promotions at any email address provided to us now or in the future. Contact you at any mobile number and any future mobile number that you provide by phone or text message using an automated telephone dialing system or artificial or prerecorded voices, for any legal purpose, including but not limited to, servicing and collecting any loan. You may revoke your consent at any time by contacting us at 1-866-936-0602 or P.O. Box 2730, Alpharetta, GA 30023.
5. Share with your merchant your contact information including address, email address, and telephone number.

GreenSky^® NMLS #1416362

GreenSky^® Program Arbitration Agreement

Last Updated: April 27, 2026

THIS AGREEMENT REQUIRES CLAIMS TO BE ARBITRATED UNLESS YOU (1) ARE SUBJECT TO THE PROTECTIONS OF THE MILITARY LENDING ACT OR (2) EXERCISE YOUR RIGHT TO REJECT ARBITRATION UNDER SECTION (g) IN ACCORDANCE WITH ITS REQUIREMENTS. THIS AGREEMENT ALSO FORBIDS CLASS ACTIONS.

This Agreement does not apply to service members and their dependents who are entitled to protection under the Military Lending Act (10 U.S.C. § 987). If you would like more information about whether you may be entitled to protection under the Military Lending Act and whether this Agreement applies to you, please call us at 877-266-2945 (toll-free).

The GreenSky^® Program is a consumer loan program offered by participating federally insured, federal- or state-chartered financial institutions (the “Lenders”), primarily through a network of merchants.

GreenSky, LLC, GreenSky Servicing, LLC and certain of their affiliates (collectively, “Program Administrator”) are financial technology companies that license to the Lenders a technology platform and certain program names (including the trademark GreenSky^®) for their use in connection with the Lenders’ participation in the GreenSky^® Program. In addition, Program Administrator administers the GreenSky^® Program on behalf of, and at the direction and control of, the Lenders. Program Administrator is not a lender and does not offer or make loans through the GreenSky^® Program.

By applying for a prequalification request and/or a loan from the GreenSky^® Program, the applicant (“you”) acknowledges and agrees that your application is being submitted to the Lenders for consideration, and that, in connection with your application, Program Administrator (as agent and service provider for the Lenders) will perform certain administrative services for and on behalf of one or more of the Lenders to facilitate the Lenders’ receipt and evaluation of your prequalification request and/or loan application. In connection with such activities, Program Administrator’s services are provided for and on behalf of the Lenders. Program Administrator’s services are not provided for or on behalf of you and there are no commissions or fees directly charged by Program Administrator to you in connection with the performance of those services by Program Administrator, which services are performed for and on behalf of the Lenders.

In connection with your application (“Application”) for a prequalification request (a “Prequalification”) and/or a loan (a “Loan”) from the GreenSky^® Program, you, Lenders and Program Administrator hereby agree to the terms of this GreenSky^® Program Arbitration Agreement (this “Agreement”).

IF ARBITRATION IS CHOSEN BY ANY PARTY, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THE CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, WHETHER OR NOT ARBITRATION IS CHOSEN BY ANY PARTY, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO ANY CLAIM OR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAVE A JURY TRIAL ON ANY CLAIM.

ARBITRATION PROCEDURES ARE GENERALLY SIMPLER THAN THE RULES THAT APPLY IN COURT AND DISCOVERY IS MORE LIMITED. THE ARBITRATOR’S DECISIONS WILL BE AS ENFORCEABLE AS ANY COURT ORDER AND WILL BE SUBJECT TO VERY LIMITED REVIEW BY A COURT. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

YOU MAY EXERCISE YOUR RIGHT TO REJECT ARBITRATION IN THE MANNER, AND WITHIN THE TIME, SPECIFIED IN SECTION (g) BELOW. PLEASE NOTE THAT IF YOU DO NOT WANT THIS ARBITRATION PROVISION TO APPLY TO YOU, YOU MUST OPT OUT AS PROVIDED IN SECTION (g) BELOW. EVEN IF YOU HAVE PREVIOUSLY OPTED OUT OF ARBITRATION FOR A DIFFERENT PRODUCT OR SERVICE OFFERED BY THE GREENSKY^® PROGRAM OR A LENDER, YOU MUST SEPARATELY OPT OUT OF THIS AGREEMENT IF YOU DO NOT WANT IT TO APPLY TO YOU BECAUSE THE GREENSKY^® PROGRAM AND LENDERS MANAGE YOUR ARBITRATION OPT-OUT AT THE PRODUCT OR SERVICE LEVEL.

1. Definitions.

For purposes of this Agreement, “Claim” means any current or future claim, dispute, or controversy, whether preexisting, present, or future, which arises out of or relates to this Agreement, your Application, the Prequalification, the Loan, the events leading up to or preceding this Agreement, your Application, Prequalification or Loan (for example, any disclosures, advertisements, promotions, or oral or written statements made by us), any product or service provided by us or third parties in connection with the Agreement, your Application, the Prequalification, or Loan (including, without limitation, any third parties providing any product or service for or on behalf of us in connection with this Agreement, your Application, the Prequalification, the Loan, the events leading up to this Agreement, your Application, the Prequalification or this Loan or the transactions contemplated hereby or thereby, including any administrator of the GreenSky^® Program), any transaction conducted with us, credit reporting regarding your Application, the Prequalification, the Loan, the servicing or collection of amounts You owe us and the manner of servicing or collection of such amounts or the relationship between You and us. “Claim” also includes disputes arising out of or related to the interpretation or application of this Agreement, including its enforceability, revocability, scope, or validity, including whether any party has waived their right to demand arbitration. An arbitrator, not a court or judge, will decide these matters. “Claim” has the broadest meaning possible and, without limiting the generality of the foregoing, includes: (i) initial claims, counterclaims, crossclaims and third-party claims; and (ii) claims for money damages and injunctive or declaratory relief based upon any theory of recovery, including contract, tort, statute, regulation, common law, equity, or otherwise.

For purposes of this Agreement, “us”, “we”, and “our” includes all Lenders, Program Administrator and any of their respective successors, affiliates, assigns, agents, and service providers (including, without limitation, any third parties providing any product or service for or on behalf of us in connection with this Agreement, your Application, the Prequalification, the Loan, the events leading up to this Agreement, your Application, the Prequalification, or the Loan or the transactions contemplated hereby or thereby, including any administrator of the GreenSky^® Program).

Notwithstanding the foregoing, the term “Claim” does not include:

1. any claim for public injunctive relief under California law. In any action including a claim for public injunctive relief under California law, whether such a claim is correctly one for public injunctive relief or private injunctive relief shall be determined by a court and any adjudication of a claim for public injunctive relief shall be determined by a court, but any Claims seeking monetary relief and/or other injunctive relief shall be arbitrated. In such cases the parties agree and will request that the court stay the request for public injunctive relief until the award pertaining to the individual monetary relief and/or other injunctive relief has been determined by an arbitrator and entered in court. The foregoing provisions of this subparagraph (i) shall be null and void in the event California law and/or federal law preempting California law changes to permit the waiver of a public injunctive relief claim; in that event, it is agreed that a public injunctive relief claim is waived and that neither you nor we shall pursue any such claim in any forum. In no event will a claim for public injunctive relief be arbitrated; or
2. any individual action brought by you or us in small claims court or a state’s equivalent court, unless such action is transferred, removed or appealed to a different court, in which case either party may elect arbitration.

2. Claim Notices; Meet and Confer.

Informal efforts to resolve disputes can result in prompt and efficient resolutions. Before initiating an arbitration or a lawsuit, the party seeking to commence any such proceeding (“Claimant”) must give the other party (the “Respondent”) written notice of the Claim (a “Claim Notice”). A Claim Notice from You must be sent to us at GreenSky^® Program, Attn: Legal Department, 5565 Glenridge Connector, Suite 700, Atlanta, GA 30342. Any Claim Notice transmitted by us will be sent to you at an address we have for you in our records, including but not limited to your physical address or email address. The Claim Notice must explain in detail the nature of the Claim and include any supporting facts, the requested relief, and Claimant’s address and phone number. Any Claim Notice must be signed by the Claimant. A notice or letter to you stating that any amount you owe us is past due will serve as a Claim Notice.

Claimant and Respondent must try to resolve the Claim on an individual basis and without initiating or otherwise filing an arbitration or a lawsuit for at least 30 days (the “Pre-Filing Period”) after the date Respondent receives the Claim Notice from Claimant. During the Pre-Filing Period, either party may request that the parties participate personally in a meeting (a “Meet-and-Confer”), which may occur in person, virtually, or by conference call to attempt in good faith to resolve the Claim. The Meet-and-Confer is limited to Claims between you and us. If you are represented by counsel, your counsel may also participate in the Meet-and-Confer. We may participate through any of our representatives or counsel.

Claimant may not initiate an arbitration or lawsuit until Claimant complies in full with this requirement. The Claim Notice shall not apply to claims that are asserted only as counterclaims or cross-claims. The statute of limitations or other time-based defenses for any Claim will be tolled for 60 days following service of a proper Claim Notice.

3. Arbitration.

You or we may elect to resolve any Claim by individual binding arbitration. This election may be made by the party asserting the Claim or the party defending the Claim. Claims will be decided by one neutral arbitrator who will be a retired judicial officer or an attorney with at least ten years of experience; however, if we both agree, we may select another person with different qualifications.

The arbitration will be administered by the American Arbitration Association (“AAA”) or JAMS (each, an “Arbitration Administrator”). The Arbitration Administrator’s applicable rules shall apply and the Mass Arbitration Supplementary Rules (AAA) or Mass Arbitration Procedures and Guidelines (JAMS) (or successor mass arbitration rules, procedures or guidelines adopted by the Arbitration Administrator) shall apply if the Arbitration Administrator’s definition of Mass Arbitration is met. If the AAA and JAMS are unavailable or unwilling to administer the arbitration, another arbitration provider shall be selected by the parties or by the court. Any party initiating an arbitration shall certify that the demand for arbitration complies with the requirements of Federal Rule of Civil Procedure 11(b) and that the party has complied with the requirements of Section (b), above. A court will have authority to enforce this Section (c), including the power to enjoin the filing or prosecution of an arbitration without the party first complying with Section (b). The court also may enjoin the assessment or collection of arbitration fees incurred as a result of such arbitration. Further, unless prohibited by applicable law, the Arbitration Administrator shall not accept nor administer any arbitration unless the claimant has complied with Section (b).

You or we may elect to arbitrate any Claim at any time unless it has been filed in court and trial has begun or unless final judgment has been entered, regardless of whether, how, and to what extent the party electing arbitration has litigated the Claim in court. Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration of a Claim made by a new party or any new Claim later asserted by a party in that or any related or unrelated lawsuit. You or we also may elect arbitration of a Claim that the parties initially opted to litigate in court if that Claim is later modified (including to be asserted on a class, representative or multi-party basis or to seek different or additional relief).

This Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the “FAA”), and it is acknowledged and agreed that this Agreement and your Application affects interstate commerce. The arbitrator will apply applicable substantive law, statutes of limitations, and privileges. The arbitrator shall be empowered to grant motions to dismiss and motions for summary judgment (including partial summary judgment) to the same extent as a state or federal court would be empowered to do so. Subject to the limitations of this Agreement, the arbitrator may award any relief available in an individual action in court. Any award of punitive damages will be subject to the same limitations as an award of punitive damages in court. The arbitration will be confidential, but you may notify any government authority of your Claim. Judgment upon any arbitration award may be entered in any court having subject matter jurisdiction over the Claim and personal jurisdiction over You and us.

4. Mass Filing.

If a Claim is part of a “Mass Arbitration” under the Arbitration Administrator’s rules, the parties agree that the additional procedures in this Section (d) shall apply. The parties further acknowledge that electing to be part of a Mass Arbitration may delay the adjudication of a Claim. If Claims qualify as a Mass Arbitration, counsel for the parties shall each select 10 claimants from each side (20 claimants total) to proceed in individual arbitrations as part of a staged process (“Stage One”). After Stage One is complete, the parties shall promptly engage in a global mediation. If the remaining Claims are not resolved after the global mediation, counsel for each side shall select 50 new claimants (100 claimants total) to proceed in individual arbitrations (“Stage Two”). After Stage Two is complete, the parties shall promptly engage in a second global mediation regarding the remaining Claims. If the remaining Claims are not resolved, the Arbitration Administrator shall administer the remaining Claims in concurrent batches of 50 claimants, with each batch assigned to one arbitrator, who shall conduct individual arbitrations.

5. Arbitration Fees and Decisions.

Unless it would conflict with law or render the arbitration provision in this Agreement invalid:

1. The Arbitration Administrator will decide each party’s share of arbitration fees and costs for arbitration based on applicable law and the Administrator’s rules.
2. A party is entitled to recover its reasonable attorney fees and costs, arbitrator compensation, and Arbitration Administrator administrative fees if the other party brings or defends a Claim for purposes of harassment or that the arbitrator deems to be frivolous or pursued in bad faith.
3. The parties agree that the provisions of Federal Rule of Civil Procedure 68, and, to the extent that substantive State laws are involved in the Claim, equivalents to Federal Rule of Civil Procedure 68 under the laws of such State, shall apply to any Claim and be enforced by the arbitrator.>

6. Minimum Recovery.

If You comply with the requirements of this Agreement and the arbitrator awards You an amount of money that exceeds the value of our last written settlement before the arbitrator issues the award, then we will pay You $500 in lieu of any smaller award. In determining whether You are entitled to the minimum $500 recovery, the arbitrator shall not consider amounts offered or awarded for attorneys’ fees or costs. Any disputes as to recovery of the $500 minimum recovery shall be resolved by the arbitrator and must be raised within 14 days of the arbitrator’s ruling on the merits. Before the arbitrator has determined the amount, if any, to which You are entitled, You may not disclose the amount of any settlement offer to the arbitrator.

7. Arbitration Opt-Out; Your Right to Reject Arbitration.

YOU MAY REJECT THIS ARBITRATION PROVISION BY WRITING US AT GREENSKY^® LOAN PROGRAM, P.O. BOX 2730, ALPHARETTA, GA 30023, ATTENTION: LEGAL, AND STATING THE FOLLOWING IN YOUR NOTICE (I) YOUR NAME, (II) YOUR ADDRESS, (III) YOUR PHONE NUMBER AND (IV) THAT YOU ARE EXERCISING YOUR RIGHT TO REJECT ARBITRATION UNDER SECTION(g) OF YOUR GREENSKY^® PROGRAM ARBITRATION AGREEMENT (A “REJECTION NOTICE”). YOUR REJECTION NOTICE MUST BE RECEIVED WITHIN 45 DAYS AFTER THE DATE YOU SUBMIT YOUR APPLICATION AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOUR REJECTION NOTICE COMPLIES WITH THESE REQUIREMENTS, THE ARBITRATION PROVISION IN THIS AGREEMENT WILL NOT APPLY TO YOU. REJECTION OF THE ARBITRATION PROVISION WILL NOT AFFECT YOUR OTHER RIGHTS OR RESPONSIBILITIES UNDER THIS AGREEMENT.

8. Class Action Waiver and Other Limitations on Arbitration.

WHETHER OR NOT EITHER PARTY ELECTS TO RESOLVE A CLAIM BY ARBITRATION, THAT CLAIM SHALL BE PURSUED AND RESOLVED ON AN INDIVIDUAL BASIS ONLY. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE PURSUED OR RESOLVED IN ANY FORUM ON A CLASS BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY OR ON BEHALF OF OTHER BORROWERS OR OTHER PERSONS. FURTHER, IN ANY ARBITRATION, THERE WILL BE RIGHT OR AUTHORITY FOR ANY CLAIM TO BE PURSUED ON BEHALF OF THE GENERAL PUBLIC, THE ARBITRATOR SHALL NOT HAVE THE POWER TO AWARD ANY DECLARATORY, INJUNCTIVE, OR OTHER RELIEF FOR THE BENEFIT OF THE GENERAL PUBLIC, OTHER BORROWERS, OR OTHER PERSONS. The arbitrator’s authority is limited to Claims between You and us alone. Claims may not be joined or consolidated unless agreed to in writing by You and us. Any judgment confirming an arbitration award will apply only to the specific case or proceeding and cannot be used in any other case or proceeding except to enforce the award. No determination by the arbitrator may be used in any other case or proceeding except a case or proceeding between You and us. Despite any other provision and without waiving the right to appeal such decision, if any portion of this Section (h) is deemed invalid or unenforceable as to a particular claim or remedy, then: (i) the entire arbitration provision set forth in Section (c) will not apply to that claim or remedy; and (ii) no determination by the arbitrator shall be considered by the court with respect to that claim or remedy.

9. Jury Trial Waiver.

WHETHER OR NOT EITHER PARTY ELECTS TO RESOLVE A CLAIM BY ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO HAVE A JURY TRIAL ON ANY CLAIM TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10. Survival and Severability.

This Agreement will apply even if your Application is declined. This Agreement will survive payment of all amounts due pursuant to any Loan or the applicable loan agreement, termination of any account, voiding of any Loan, any legal proceeding to collect the Loan, any bankruptcy and any sale or transfer of any Loan, the applicable loan agreement or any and all rights thereunder. In the case of a sale or transfer of any Loan, the applicable loan agreement or any and all rights thereunder, the buyer will be bound by and may enforce the terms of this Agreement. If any part of this Agreement is held invalid, the rest of this Agreement will continue to apply. But, if a court rules that an arbitrator can decide a Claim on a class or other representative basis or can award public injunctive relief and the ruling becomes final, only this Section (j) will apply and the remainder of this Agreement will be void.