b'Annual Percentage Rate\n(APR) for Purchases\n\n19.9%\n\nAPR for Cash Advances 19.9%\nPaying Interest\n\nMinimum Interest\nCharge\nTo learn more about factors to consider when applying for or using a credit card, visit the\nwebsite of the Consumer Financial Protection Bureau at\nhttp://www.consumerfinance.gov/learnmore\n\nO\n\nFor Credit Card Tips\nfrom the Consumer\nFinancial Protection\nBureau\n\nLI\n\nN\n\nSet-up and\nMaintenance\nFees\n\n$50.00\n\nTransaction Fees\n\n3%\n\n$39.00\n$39.00\n\nBilling Rights:\n\nPY\n\nO\n\nC\n\nHow We Will Calculate Your Balance:\n\nE\n\nPenalty Fees\n\n5%\n\nN\n\n$8.00\n\n\x0cFEES AND INTEREST CHARGES:\nFEES AND INTEREST CHARGES:\nINTEREST CHARGES\nPeriodic INTEREST CHARGES: INTEREST CHARGES\nINTEREST CHARGES\nINTEREST CHARGES\nINTEREST CHARGES\nHow we calculate INTEREST CHARGES:\nINTEREST CHARGE\nCHARGE\n\nAverage Daily Balance\n\nHow we calculate Average Daily Balance and Daily Periodic Rate:\n\nAverage Daily Balance\nINTEREST CHARGE\nAverage Daily Balance\n\nINTEREST CHARGE\nINTEREST\nDaily Periodic Rate\n\nAverage Daily Balance\nDaily Balances\nAverage Daily Balance\nDaily Balance\n\nO\n\nDaily Periodic Rate\nANNUAL PERCENTAGE RATE\nassessed to your Credit Account.\nMinimum INTEREST CHARGE:\nINTEREST CHARGE\n\nINTEREST CHARGE\n\nN\n\nAnnual Fee:\n\nThe APR applicable to Purchases will be applied to fees\n\nCash Advance Fee:\n\nINTEREST CHARGE\n\nReturn Item Charge:\n\nLI\n\nForeign Currency Transaction Fee:\nLate Payment Fee:\n\nN\n\nOTHER CHARGES AND IMPORTANT INFORMATION:\n\nAdditional Card Fee:\nCredit Limit Increase Fee:\n\nE\nC\n\nCopying Fee:\nCredit Insurance:\nExpress Delivery Fee:\nWire Transfer Fee:\nTotal Minimum Amount Due:\n\nTRUTH IN SAVINGS DISCLOSURE - SECURITY DEPOSIT ACCOUNT\n\nTransaction Limitations:\n\n\xc2\xae\n\nPY\n\nO\n\nRate Information:\nMinimum Balance Limitations:\n\n\xc2\xae\n\nSee the Credit Card Contract for further information regarding this\nCredit Account. Retain these important documents.\n\n\xc2\xae\n\n\x0cPledge Agreement: As a security for the payment of all credit extended through your\nCredit Account, you pledge to, and grant First PREMIER Bank, its successors and\nassigns, a security interest in all funds now and hereafter deposited in your deposit\naccount. You authorize us to unconditionally restrict withdrawals from your deposit\naccount. If your Credit Account is in default, or if your Credit Account is terminated\nfor any reason, we may at any time thereafter, and without notice to you (unless\notherwise required by law), apply all or part of the funds in your deposit account to the\npayment of any and all amounts owed on your Credit Account. We may also exercise\nany other remedies under the terms of this Contract or otherwise available in law.\n\nLI\n\nvalidity or enforceability of the Credit Card Contract as a whole is for the arbitrator,\nnot a court, to decide.\nAgreement to Arbitrate: Any Claim shall be resolved and settled exclusively and\nfinally by binding arbitration, in accordance with this Provision. Binding arbitration\nshall not be required, however, for collection actions we bring in court if you default\non your Credit Account as set forth in the Credit Card Contract. Furthermore, both\nyou and we retain the right to pursue in a small claims court (or your state\xe2\x80\x99s equivalent\ncourt) any Claim that is within that court\xe2\x80\x99s jurisdiction, so long as the matter remains in\nsuch court and advances only on an individual (non-class, non-representative) basis.\nFor any Claims covered by this Provision, a party who asserted a Claim in a lawsuit\nin court may elect arbitration with respect to any Claim subsequently asserted in that\nor any related or unrelated lawsuit by any other party.\nClass Action Waiver: If a Claim is arbitrated, neither you nor we will have the right: (a)\nto participate in a class action, private attorney general action or other representative\naction in court or in arbitration, either as a class representative or class member;\nor (b) to join or consolidate Claims with Claims of any other persons. An award in\narbitration shall determine the rights and obligations of the named parties only, and\nonly with respect to the Claim(s) in arbitration, and shall not (i) determine the rights,\nobligations, or interests of anyone other than a named party, or resolve any Claim of\nanyone other than a named party; nor (ii) make an award for the benefit of, or against,\nanyone other than a named party. No arbitration administrator or arbitrator shall have\nthe power or authority to waive, modify, or fail to enforce this section, and any attempt\nto do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid\nand unenforceable. Any challenge to the validity of this Class Action Waiver shall be\ndetermined exclusively by a court and not by the administrator or any arbitrator. Thus,\nyou agree that UNDER THIS ARBITRATION PROVISION THERE IS NO RIGHT OR\nAUTHORITY FOR ANY CLAIMS TO BE LITIGATED IN COURT OR ARBITRATED\nON A CLASS BASIS. Arbitration will only be conducted on an individual Claim basis\nand there is no right or authority to consolidate or join any of your Claims with any\nother Claims. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY\nWAIVING ANY RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER\nOF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO\nARBITRATION UNDER THIS PROVISION.\nVoluntary Waiver of the Right to a Jury Trial: As a result of this Provision, neither\nyou nor we have the right to litigate any Claim in court or the right to a jury trial on any\nClaim, except as provided above. YOU AGREE THAT YOU ARE VOLUNTARILY\nAND KNOWINGLY WAIVING ANY RIGHT YOU MAY HAVE TO GO TO COURT OR\nTO HAVE A JURY TRIAL.\nGoverning Law: This agreement to arbitrate is made pursuant to a transaction\ninvolving interstate commerce and shall be governed by the Federal Arbitration Act,\n9 U.S.C. \xc2\xa7\xc2\xa7 1-16, as it may be amended. If for any reason the Federal Arbitration\nAct does not apply, the substantive law of the State of South Dakota shall govern\nthis Provision.\nArbitration Location and Procedure: Any arbitration hearing at which you wish\nto appear will take place at a location within the federal judicial district that includes\nyour billing address at the time the Claim is filed. The party bringing the Claim\nmay file its Claim at the American Arbitration Association (\xe2\x80\x9cAAA\xe2\x80\x9d), or an arbitration\norganization mutually agreed upon by the parties. The arbitration organization that\nis selected will administer the arbitration pursuant to its procedures in effect at the\ntime of filing, subject to this Provision. If you do not agree to file your claim with AAA,\nand the parties cannot agree on an alternative arbitration organization, an arbitrator\nwill be appointed by a court pursuant to the Federal Arbitration Act. In the event\nof a conflict or inconsistency between the respective organization\xe2\x80\x99s rules and this\nProvision or the Credit Card Contract, this Provision shall govern. The arbitration will\nbe conducted before a single arbitrator, whose authority is limited solely to individual\nClaims between you and us. The arbitration will not be consolidated with any other\narbitration proceeding. Any decision rendered in such arbitration proceeding will be\nfinal and binding on the parties, except for any appeal rights under the FAA, and\njudgment may be entered in a court of competent jurisdiction. The rules and forms\nof AAA may be obtained as follows: American Arbitration Association, 120 Broadway,\nFloor 21, New York, N.Y. 10271, website at www.adr.org.\nArbitrator\xe2\x80\x99s Authority: The arbitrator shall apply the applicable substantive law,\nconsistent with the Federal Arbitration Act; shall apply statutes of limitation; and shall\nhonor claims of privilege recognized at law. In conducting the arbitration proceeding,\n\nE\n\nN\n\nthe arbitrator shall not apply any federal or state rules of civil procedure or evidence.\nTHE RULES AND PROCEDURES OF THE AAA OR OTHER ARBITRATION\nORGANIZATION WILL GOVERN THE RIGHT TO ENGAGE IN PRE-ARBITRATION\nDISCOVERY. Either party may, however, request to expand the scope of discovery. If\na request is made, within 15 days of the requesting party\xe2\x80\x99s notice, the objecting party\nmay submit objections to the arbitrator with a copy of the objections provided to the\nparty requesting expansion. The grant or denial of a party\xe2\x80\x99s request will be in the sole\ndiscretion of the arbitrator, who shall notify the parties of the final decision within 20\ndays of the objecting party\xe2\x80\x99s submission.\nThe Arbitrator\xe2\x80\x99s Award: The arbitrator may award any damages or other relief or\nremedies that would apply under applicable law to an individual action brought in\ncourt, including, without limitation, punitive damages (which shall be governed by\nthe Constitutional standards employed by the courts), attorneys\xe2\x80\x99 fees and costs and\ninjunctive, equitable and declaratory relief (but only in favor of the individual party\nseeking relief and only to the extent necessary to provide relief warranted by that\nparty\xe2\x80\x99s individual claim). At the timely request of either party, the arbitrator shall\nwrite a brief explanation of the grounds for the decision. Judgment upon the award\nrendered by the arbitrator may be entered in any court having jurisdiction thereof. No\narbitration award between you and us will have any impact on any dispute involving\nanyone who is not a party to the arbitration, nor will an arbitration award between us\nand any other person have any impact to an arbitration between you and us.\nExpenses: Regardless of who demands arbitration, we will pay all expenses\nof arbitration, including the filing, administrative, hearing and arbitrator\xe2\x80\x99s fees\n(\xe2\x80\x9cArbitration Fees\xe2\x80\x9d), to the extent that the Arbitration Fees exceed the amounts you\nwould be required to pay for filing a lawsuit in state or federal court, whichever is\nless. If you have already paid a court filing fee, you will not be required to pay\nit again. Throughout the arbitration, each party shall bear his or her own attorney\nfees and expenses, such as witness and expert witness fees. If you prevail in the\narbitration of any Claim against us, we will reimburse you for any fees you paid to\nthe arbitration organization in connection with the arbitration. The arbitrator will have\nthe authority to award fees and costs of attorneys, witnesses and experts to the\nextent permitted by this Credit Card Contract, the administrator\xe2\x80\x99s rules or applicable\nlaw. With respect to Claim(s) asserted by you in an individual arbitration, we will pay\nyour reasonable attorney, witness and expert fees and costs if and to the extent you\nprevail, if applicable law requires us to or if we must bear such fees and costs in order\nfor this Arbitration Provision to be enforced.\nBinding Effect and Survival: You and we agree that, except as specifically provided\nfor above, the arbitrator\xe2\x80\x99s decision will be final and binding on all parties subject to this\nProvision. This Provision is binding upon you, us, and the heirs, successors, assigns\nand related third parties of you and us. This Provision shall survive termination of your\naccount, whether it be through voluntary payment of the debt in full by you, a legal\nproceeding initiated by us to collect a debt that you owe, a bankruptcy by you or a\nsale of your Credit Account by us.\nSeverability: If any part of this Provision is deemed or found to be unenforceable for\nany reason, the remainder shall be enforceable, except as follows:\nA. The parties to this Provision acknowledge that the provision titled \xe2\x80\x9cClass\nAction Waiver\xe2\x80\x9d is material and essential to the arbitration of any disputes between\nthe parties and is non-severable from this Provision. If the Class Action Waiver is\nlimited, voided or found unenforceable, then this Provision (except for this sentence)\nshall be null and void with respect to such proceeding, subject to the right to appeal\nthe limitation or invalidation of the Class Action Waiver. The parties acknowledge and\nagree that under no circumstances will a class action be arbitrated.\nB. If a Claim is brought seeking public injunctive relief and a court\ndetermines that the restrictions in the Class Action Waiver and/or elsewhere in this\nProvision prohibiting the arbitrator from awarding relief on behalf of third parties are\nunenforceable with respect to such Claim (and that determination becomes final\nafter all appeals have been exhausted), the Claim for public injunctive relief will\nbe determined in court and any individual Claims seeking monetary relief will be\narbitrated. In such a case the parties will request that the court stay the Claim for\npublic injunctive relief until the arbitration award pertaining to individual relief has\nbeen entered in court. In no event will a Claim for public injunctive relief be arbitrated.\n\nPY\n\nO\n\nC\n\nTERMS AND CONDITIONS OF YOUR\nREQUIRED DEPOSIT ACCOUNT\nThe following additional terms apply in connection with your required deposit account.\nDeposit: An initial deposit account balance is needed to open your Credit Account.\nThe initial deposit account balance amount needed is printed in the Truth In Savings\nAct Disclosure. Once your Credit Account is opened, you may make additional\ndeposits to your deposit account up to a maximum deposit account balance of\n$5,000.00. Any non-cash items tendered for deposit, (including items drawn on us)\nwill be given only provisional credit until collection is final. We are not responsible for\ntransactions initiated by mail or outside depository until we actually receive them.\nWithdrawals: Since this deposit account is collateral for your Credit Account,\nwithdrawals are not permitted from this deposit account while there remains an\noutstanding balance in your Credit Account or while you retain possession of any\nCard. In the event that your Credit Account is cancelled either by you or by us, we\nshall have a period of ninety (90) days from the earlier of the date of the return of\nyour Card or the expiration date of the Card for all charges made on the Card to clear.\nWhen we receive payment in full under your Credit Account, and upon the expiration\nof this period, we will remit to you the full amount remaining in your deposit account.\nAdditional Terms and Disclosures: Additional information about your deposit\naccount, including applicable federal Truth In Savings Act disclosures, were provided\nto you upon our receipt of your initial deposit or in the Truth In Savings Act Disclosure.\nOwnership of Account: Individuals--If the deposit account is opened in the name\nof one person, it means the owner does not intend to create any survivorship rights\nin any other person. Joint Accounts--If the deposit account is opened in the name\nof more than one person, each person intends that upon their death the balance in\nthe deposit account (subject to the pledge to us) will belong to the surviving person(s)\nnamed on the account.\nBankruptcy: If you become a debtor in any proceeding under the United States\nBankruptcy Code you agree that you will recognize us as a perfected secured creditor\nwith respect to the deposit account and that you will declare the deposit account as\nexempt property pursuant to the provisions of the United States Bankruptcy Code or\napplicable State exemption laws.\nAmendments: We may amend the terms and conditions applicable to Your Required\nDeposit Account separately from the remainder of this Contract at any time upon\nreasonable notice to you by mail, as required by law. If this is a joint account, notice\nby us to one of you is notice to both.\n\nARBITRATION AND LITIGATION\nThis Arbitration Provision (\xe2\x80\x9cProvision\xe2\x80\x9d or \xe2\x80\x9cArbitration Provision\xe2\x80\x9d) facilitates the prompt\nand efficient resolution of any disputes that may arise between you and us. Arbitration\nis a form of private dispute-resolution in which persons with a dispute waive their\nrights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their\ndisputes to a neutral third person (an arbitrator) for a binding decision. You have the\nright to opt out of this Arbitration Provision if you follow the instructions set out in the\nparagraph titled \xe2\x80\x9cRight to Opt Out\xe2\x80\x9d below.\nPLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ALL\nDISPUTES ARISING OUT OF OR RELATED TO THIS CREDIT CARD CONTRACT\nSHALL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES\nTHE RIGHT TO GO TO COURT. IN THE ABSENCE OF THIS ARBITRATION\nAGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR\nOPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY\nAND/OR TO PARTICIPATE IN OR BE REPRESENTED IN A CASE FILED IN\nCOURT BY OTHERS (INCLUDING, BUT NOT LIMITED TO, CLASS ACTIONS).\nEXCEPT AS OTHERWISE PROVIDED, ENTERING INTO THIS AGREEMENT\nCONSTITUTES A WAIVER OF YOUR RIGHT TO LITIGATE CLAIMS IN COURT\nBEFORE A JUDGE OR JURY.\nRIGHT TO OPT OUT: To opt out of this Arbitration Provision, you must mail a written\nnotice to us so that it is postmarked no later than 45 days after we mail your first Card\nto you. Your first Card is the one we mail to you at approximately the time your first\nAccount application is approved. Your right to opt out will not apply when we send\nyou a copy of your Credit Card Contract or this Provision, or when we send you an\nupdated version of your Credit Card Contract or this Provision, or when we send any\nreplacement Card. If you opt out of this Arbitration Provision, you will retain your right\nto litigate your dispute in a court, either before a judge or jury. The opt out notice\nmust include your name, address, and Account number, must be signed by you (or\nall of you if there is more than one Account holder) and must be mailed to us at: PO\nBox 5524, Sioux Falls, SD 57117-5524. If your written notice is not postmarked\nwithin 45 days from the date we mail your first Card to you, your right to opt out will\nterminate, and you agree that the terms of this Provision will apply. Your decision to\nopt out of this Provision will not affect your other rights or responsibilities under this\nCredit Card Contract.\nIf we later amend this Provision, we will let you know if you can opt out of that\namendment and, if so, how you can do so.\nParties and Matters Subject to Arbitration: For purposes of this Provision, \xe2\x80\x9cwe\xe2\x80\x9d and\n\xe2\x80\x9cus\xe2\x80\x9d include our employees, parent companies, subsidiaries, affiliates, beneficiaries,\nagents and assigns and other persons and entities you assert a Claim against in\nconnection with a Claim you assert against us. For purposes of this Provision, \xe2\x80\x9cClaim\xe2\x80\x9d\nmeans any claim, dispute or controversy by either you or us, arising out of or relating\nin any way to this Credit Card Contract, your Credit Account, any transaction on\nyour Credit Account and our relationship. \xe2\x80\x9cClaim\xe2\x80\x9d also refers to any interaction or\ncommunication between you and us that occurred prior to or concurrent with entering\ninto this Credit Card Contract, including those now in existence, regardless of\npresent knowledge. \xe2\x80\x9cClaim\xe2\x80\x9d shall refer to claims of every kind and nature, including,\nbut not limited to, initial claims, counterclaims, cross-claims and third-party claims.\nAll Claims are subject to arbitration, regardless of legal theory and remedy sought,\nincluding, but not limited to, claims based in contract, tort (including negligence,\nintentional tort, fraud and fraud in the inducement), agency, statutory law (federal\nand state), administrative regulations or any other source of law (including equity).\nNotwithstanding the foregoing, the word \xe2\x80\x9cClaim\xe2\x80\x9d does not include any dispute or\ncontroversy about the validity, enforceability, coverage or scope of this Arbitration\nProvision or any part thereof; all such disputes or controversies are for a court and\nnot an arbitrator to decide. However, any dispute or controversy that concerns the\n\nN\n\nSTATE DISCLOSURES\nCalifornia Residents: A married applicant may apply for a separate Credit Account.\n\nAs required by law, you are hereby notified that a negative credit reporting reflecting\non your credit record may be submitted to a Consumer Reporting Agency if you fail\nto fulfill the terms of your credit obligations. After credit approval, each applicant shall\nhave the right to use the Credit Account up to the limit of the Credit Account. Each\napplicant may be liable for amounts extended under the plan to any joint applicant.\nDelaware Residents: Service charges not in excess of those permitted by law will be\ncharged on the outstanding balances from month to month.\nKentucky Residents: You may pay the unpaid balance of your Credit Account in\nwhole or in part at any time.\nMaryland Residents: Finance charges will be imposed in amounts or at rates not in\nexcess of those permitted by law.\nVermont Residents: First PREMIER Bank may obtain a consumer report for any\nlegitimate purpose in connection with your Credit Account or your application,\nincluding but not limited to reviewing, modifying, renewing and collecting on your\nCredit Account. Upon your request, we (First PREMIER Bank) will inform you of the\nnames and addresses of any Consumer Reporting Agencies that have furnished the\nreports.\nOhio Residents: The Ohio laws against discrimination require that all creditors make\ncredit equally available to all credit worthy customers, and that Consumer Reporting\nAgencies maintain separate credit histories on each individual upon request. The\nOhio Civil Rights Commission administers compliance with this law.\nMarried Wisconsin Residents: No provision of any marital property agreement,\nunilateral statement, or court order applying to marital property will adversely affect a\ncreditor\xe2\x80\x99s interests unless prior to the time credit is granted, the creditor is furnished\nwith a copy of the agreement, statement, or court order, or has actual knowledge of\nthat provision.\nWashington Residents: A service charge will be computed on the outstanding\nbalance for each month. You may at any time pay your total unpaid balance.\n\nO\n\n\xe2\x80\xa2 At least three business days before an automated payment is scheduled, if you want\nto stop payment on the amount you think is wrong.\nYou must notify us of any potential errors in writing (or electronically). You may call\nus, but if you do we are not required to investigate any potential errors and you may\nhave to pay the amount in question.\nWhat Will Happen After We Receive Your Letter: When we receive your letter,\nwe must do two things:\n(1) Within 30 days of receiving your letter, we must tell you that we received your\nletter. We will also tell you if we have already corrected the error.\n(2) Within 90 days of receiving your letter, we must either correct the error or explain\nto you why we believe the bill is correct.\nWhile we investigate whether or not there has been an error:\n\xe2\x80\xa2 We cannot try to collect the amount in question, or report you as delinquent on\nthat amount.\n\xe2\x80\xa2 The charge in question may remain on your Statement, and we may continue to\ncharge you interest on that amount.\n\xe2\x80\xa2 While you do not have to pay the amount in question, you are responsible for the\nremainder of your balance.\n\xe2\x80\xa2 We can apply any unpaid amount against your credit limit.\nAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2 If we made a mistake: You will not have to pay the amount in question or any interest\nor other fees related to that amount.\n\xe2\x80\xa2 If we do not believe there was a mistake: You will have to pay the amount in\nquestion, along with applicable interest and fees. We will send you a statement of the\namount you owe and the date payment is due. We may then report you as delinquent\nif you do not pay the amount we think you owe.\nIf you receive our explanation but still believe your bill is wrong, you must write to us\nwithin 10 days telling us that you still refuse to pay. If you do so, we cannot report\nyou as delinquent without also reporting that you are questioning your bill. We must\ntell you the name of anyone to whom we reported you as delinquent, and we must let\nthose organizations know when the matter has been settled between us.\nIf we do not follow all of the rules above, you do not have to pay the first $50.00 of the\namount you question even if your bill is correct.\nYour Rights If You Are Dissatisfied With Your Credit Card Purchases: If you are\ndissatisfied with the goods or services that you have purchased with your credit Card,\nand you have tried in good faith to correct the problem with the merchant, you may\nhave the right not to pay the remaining amount due on the Purchase.\nTo use this right, all of the following must be true:\n(1) The Purchase must have been made in your home state or within 100 miles of\nyour current mailing address, and the Purchase price must have been more than\n$50.00. (Note: Neither of these are necessary if your Purchase was based on an\nadvertisement we mailed to you, or if we own the company that sold you the goods\nor services.)\n(2) You must have used your credit Card for the Purchase. Purchases made with\nCash Advances from an ATM or with a check that accesses your Credit Account do\nnot qualify.\n(3) You must not yet have fully paid for the Purchase.\nIf all of the criteria above are met and you are still dissatisfied with the Purchase,\ncontact us in writing (or electronically) at:\nFirst PREMIER Bank\nP.O. Box 5524\nSioux Falls, SD 57117-5524\nwww.mypremiercreditcard.com\nWhile we investigate, the same rules apply to the disputed amount as discussed\nabove. After we finish our investigation, we will tell you our decision. At that point, if\nwe think you owe an amount and you do not pay, we may report you as delinquent.\nYour Liability for Unauthorized Use of Your Credit Account: You will not be liable\nfor unauthorized use of your Card or Credit Account. However, to protect your rights,\nyou are required to notify us orally or in writing as soon as you are aware that your\nCard or Credit Account has been lost, stolen or used without your consent. Certain\nexceptions apply. To notify us of the loss, theft or possible unauthorized use of your\nCard, call us at 1-800-987-5521, 24 hours a day.\n\nM-131921\n\nSEC New\n\n08/20\n\nFirst PREMIER Bank\nCREDIT CARD AND DEPOSIT ACCOUNT CONTRACT\nAND ACCOUNT OPENING DISCLOSURES (cont\xe2\x80\x99d)\nThis Contract explains the terms and conditions of your Credit Account with us,\nincluding important provisions relating to arbitration and litigation. For additional\nimportant information on fees and INTEREST CHARGES and other contract\nprovisions that apply to your Credit Account, please review the Account\nOpening Disclosures printed on the card carrier containing your Card. Be sure\nto retain all Contract documents for future reference.\nYOUR CONTRACT WITH US\nYour Mastercard\xc2\xae or Visa\xc2\xae brand Credit Account is governed by the terms and\nconditions in this Contract and the Account Opening Disclosures printed on the card\ncarrier containing your Card (\xe2\x80\x9cContract\xe2\x80\x9d).\nApplicable Law: No matter where you live, our Contract with you and the terms of\nyour Credit Account will be governed by the laws of the State of South Dakota and\napplicable federal law.\nEffective Date: Unless you are a resident of the State of New York, this Contract is\neffective upon the earlier of (1) the first Purchase made or Cash Advance taken on\nyour Credit Account, and (2) the expiration of 30 days from the date we issue the\nCard to you if you do not provide us written notice of your desire to cancel within this\n30 days. If you are a resident of the State of New York, this Contract is not effective\nuntil the earlier of (1) the first Purchase made or Cash Advance taken on your Credit\nAccount, and (2) the date you move from the State of New York, unless the date you\nmove from the State of New York is less than 30 days from the date we issue a Card\nto you, in which case this Contract will be effective on the date that is 30 days from the\ndate we issue a Card to you (and not the date you move from the State of New York)\nif you do not provide us written notice of your desire to cancel within this 30 days. In\nall cases, if any fees are required to be paid prior to opening your Credit Account, this\nContract will not be effective and your Credit Account will not be opened until such\nfees are paid in full. You are not obligated to pay any fees or INTEREST CHARGES\n(other than any fees required to be paid prior to opening your Credit Account) until\nthis Contract is effective.\nDEFINITIONS USED IN THIS CONTRACT\nIn this Contract, \xe2\x80\x9cwe\xe2\x80\x9d, \xe2\x80\x9cus\xe2\x80\x9d and \xe2\x80\x9cour\xe2\x80\x9d each refer to First PREMIER Bank (the\n\xe2\x80\x9cBank\xe2\x80\x9d).\n\xe2\x80\x9cAuthorized User\xe2\x80\x9d means any person authorized by you to use the Card or Credit\nAccount.\n\xe2\x80\x9cBilling Cycle\xe2\x80\x9d begins on the day after the Statement Closing Date of the previous\nStatement and includes the Statement Closing Date of the current Statement.\n\xe2\x80\x9cCard\xe2\x80\x9d means all the plastic credit cards we issue to you or any other person who is\nauthorized to use the Credit Account. In the event we issue other devices by which\nyou can access your Credit Account, those devices will also be \xe2\x80\x9cCards\xe2\x80\x9d for purposes\nof this Contract.\n\xe2\x80\x9cClosing Date\xe2\x80\x9d means the last day of any Billing Cycle.\n\xe2\x80\x9cCredit Account\xe2\x80\x9d means the credit card account that we open for you and the\nrelationship that is established between you and us by this Contract. This Credit\nAccount is used to record transaction activity made by you when you access or\notherwise utilize the line of credit we extend to you when you use your Card.\n\xe2\x80\x9cNew Balance\xe2\x80\x9d means the outstanding balance of your Credit Account at the end\nof any Billing Cycle. The New Balance is the sum of the Previous Balance (defined\nas the New Balance shown on your last Statement) less payments and credits, plus\nnew Cash Advances and Purchases and our charges posted during the Billing Cycle.\n\xe2\x80\x9cPayment Due Date\xe2\x80\x9d means the date we must receive your payment, which is not\nless than 27 days from the Closing Date.\n\xe2\x80\x9cProper Form\xe2\x80\x9d means a payment sent by mail or courier that:\n\xe2\x80\xa2 is by check, money order, or cashier\xe2\x80\x99s check payable in US dollars (do not\nsend cash)\n\xe2\x80\xa2 is payable to First PREMIER Bank (no third-party checks)\n\xe2\x80\xa2 includes your payment coupon, or includes your name and account number on\nthe check\n\n\x0cABOUT YOUR PAYMENTS\nAmount of Payment, Avoiding Late Fees, and Payment Instructions: You must\nmake a payment by the Payment Due Date in each billing cycle that has a New\nBalance. The amounts you owe are shown in the \xe2\x80\x9cPayment Information\xe2\x80\x9d box on\nthe first page of your Statement. To avoid a Late Payment Fee, we must receive a\npayment at least equal to the Minimum Payment plus the Past Due Amount shown\non your Statement by 5 pm Central Time (referred to as the payment cutoff time) on\nyour Payment Due Date. You can make a payment by mail, by phone, by bill payment\nservice, or online. Instructions on making a payment and when the payment will be\ncredited to your account are included on your Statement. Generally, credits from\nmerchants are not treated as payments and will not reduce the amount you must pay\neach Billing Cycle. The Payment Due Date will be at least 27 days from the Statement\nClosing Date. Your Payment Due Date will be the same date each month. You can\npay all or any portion of your balance owed on your Account at any time.\nApplying Your Payments: We may apply your payment to whichever balances\nwe choose to the extent it does not exceed the Total Minimum Amount Due shown\non your Statement. The amount of your payment in excess of the Total Minimum\nAmount Due will be applied to balances subject to the highest APR prior to balances\nsubject to lower APRs. We may apply your payment to principal amounts, INTEREST\nCHARGES, fees and other charges in any order we choose, and we may change the\norder of application of payments from time to time at our discretion.\nAvailability of Credit: Available credit created as a result of payments posted to your\nCredit Account may not be available for up to 20 days, or even longer if circumstances\nwarrant an additional hold, or if we deem ourselves at risk for any reason. Your\navailable credit may be limited, from time to time, if you provide your Credit Account\nnumber or Card to a merchant that processes advance authorizations, such as\nhotels, motels and car rental. Such an authorization may limit your ability to make\nPurchases and take Cash Advances on your Credit Account until the authorization is\ncanceled by the merchant and your available credit is released.\nElectronic Check Presentment: When you send us a personal check, you authorize\nus to either use information from your check to make a one-time electronic transfer\nfrom your account, or to process the payment as a check transaction. If your check\nis processed electronically, your canceled check will not be returned to you by your\nfinancial institution. We will retain an image of your electronically processed check(s)\nas required by law. If requested prior to the time we are allowed by law to destroy\nelectronically processed checks, we will provide you with a copy of your electronically\nprocessed check(s) upon your request. Funds may be withdrawn from your bank\naccount as soon as the day your payment is received. We agree to accept your\nchecking account statement as proof of payment. The description on your checking\naccount statement will read: PREMIER CR CARD CHECK-PAYMT, serial number of\nthe check, amount of the payment and date of the transaction. If you choose to opt\nout of electronic check presentment, please call our Customer Service Department\nat 1-800-987-5521.\nLate Payments: We may accept late payments, partial payments or checks or other\npayment instruments marked to impose terms or conditions of acceptance such as\n\n\xe2\x80\x9cpaid in full\xe2\x80\x9d without waiving any of our rights under this Contract, and no attempt\nby you to impose any term or condition of acceptance will be effective against us.\nSatisfaction of a debt for less than the full amount due or imposition of any other\nterm or condition on us requires a written agreement, signed by an authorized Bank\nrepresentative.\nDEFAULT PROVISIONS\nEvents of Default: You will be in default of this Contract if any of the following occur\non this or any Related Credit Account:\n\xe2\x80\xa2 You do not pay at least the Total Minimum Amount Due on your Credit Account\non or before the Payment Due Date.\n\xe2\x80\xa2 You die or become legally incompetent.\n\xe2\x80\xa2 You become insolvent or bankrupt.\n\xe2\x80\xa2 You exceed or attempt to exceed your Credit Limit.\n\xe2\x80\xa2 You provide us with or have provided us with false or misleading information or\nsignatures at any time.\n\xe2\x80\xa2 You fail to comply with this Contract.\n\xe2\x80\xa2 You fail to make any payment or perform any promise in any agreement or\nobligation you have with us.\n\xe2\x80\xa2 Any judgment, lien, attachment or execution is issued against you or your\nproperty.\n\xe2\x80\xa2 You request an excessive number of replacement Cards.\n\xe2\x80\xa2 We reasonably believe that you will not pay amounts owed to us for any\nreason.\nIf You Are In Default: Upon your default of this Contract, we will have all remedies\nprovided by law including, without limitation, and without prior notice or demand, the\nright to:\n\xe2\x80\xa2 Deny use of your Credit Account.\n\xe2\x80\xa2 Close or refuse to renew your Credit Account.\n\xe2\x80\xa2 Demand the return of your Card(s).\n\xe2\x80\xa2 Declare your entire balance immediately due and payable.\n\xe2\x80\xa2 Initiate collection activity.\n\xe2\x80\xa2 Not replace your Card(s).\nCollection Costs: To the extent permitted by law, you must pay all court and\ncollection costs, including reasonable attorneys\xe2\x80\x99 fees, the costs of placing your Credit\nAccount in the Warning Bulletin and the costs of confiscating your Card, that we incur\nas a result of your default.\n\nE\n\nN\n\nCLOSING YOUR CREDIT ACCOUNT\nWe May Suspend or Close Your Credit Account: We may suspend your Credit\nAccount privileges or permanently cancel and close your Credit Account at any time,\nfor any reason.\nYou May Close Your Credit Account: You may cancel your Credit Account at\nany time by notifying us by telephone or in writing. Even after your Credit Account\nis closed, you remain responsible for paying any amounts you owe on the Credit\nAccount according to the terms of this Contract. If this is a joint Credit Account, either\nof you may request that the Credit Account be closed and we will honor that request.\nIf your account is billed a Monthly Fee, refer to the Account Opening Disclosures\nincluded on the credit card carrier for information about the billing of the fee when the\naccount is closed. If your account is billed an Annual Fee or Monthly Fee, refer to the\nback of your monthly Statement for information on how to avoid the fees.\nNon Use Inactivity Closure: If you have never made a payment or used your Credit\nAccount for a Purchase or Cash Advance, your Credit Account will be automatically\nclosed, and all fees posted to your Credit Account will be reversed, when your Credit\nAccount becomes 50 days delinquent (75 days from the initial Statement Closing\nDate if you are a resident of the State of New York).\n\n\xe2\x80\xa2 Your account is closed before you pay anything after receiving a billing\nstatement.\nWhen we will provide a partial refund. If your account is closed more than 11\ndays after the payment due date on your first billing statement, we will refund\nthe unpaid amount of the outstanding fees even if you have made a payment\nafter receiving a billing statement as long as you have not made a Purchase or\nobtained a Cash Advance. However, we will not refund any amount you have\npreviously paid, including any other fees billed to your account.\nWhen we will not provide a refund. We have no obligation to refund fees or\ninterest after you make a Purchase or obtain a Cash Advance following receipt\nof these disclosures.\nCredit Limit Increase Fee Refunds: We will refund the Credit Limit Increase Fee if\nyou reject the credit limit increase within 30 days after the date of the billing statement\non which the fee is billed. This will result in a reversal of the credit limit increase.\nOTHER TERMS AND CONDITIONS\nRequired Deposit: We require your Credit Account to be secured by a deposit\naccount which you must maintain at First PREMIER Bank. Additional terms and\nconditions governing the deposit account are explained elsewhere in this Contract.\nSeverability: If any provision of this Contract is invalid or unenforceable, it shall not\naffect the validity or enforceability of any other provision of this Contract.\nChanging This Contract: We may change this Contract from time to time. For\nexample, we may change your Credit Account number or the Minimum Payment, add\nnew INTEREST CHARGES or fees, change the ANNUAL PERCENTAGE RATE or\nchange the method of computing the balance upon which we impose INTEREST\nCHARGES. We may also make other changes. We will notify you in writing of any\nchange if required by law. Contract changes will apply to amounts you owe at the\ntime the change is effective and to new transactions on your Credit Account, unless\notherwise required by law.\nUse of Credit Reports: You authorize us to access and use your credit reports from\nthe consumer reporting agencies for any purpose permitted by law which may include\nwhether to extend, increase, or decrease credit, reviewing, renewing or servicing\nyour Credit Account, or determining whether to offer other products or services to\nyou.\nInformation Sharing: The following describes your agreement with us with respect\nto information sharing. By requesting, obtaining or using a Credit Account from us\nyou agree that we may release information in our records regarding you and your\nCredit Account:\n\xe2\x80\xa2 To comply with any properly served subpoena or similar request issued by a\nstate or federal agency or court.\n\xe2\x80\xa2 To share your credit performance with Consumer Reporting Agencies and\nother creditors who we reasonably believe are or may be doing business with\nyou on your Credit Account.\n\xe2\x80\xa2 To provide information on your Credit Account to any third party who we\nbelieve is conducting an inquiry in accordance with the Federal Fair Credit\nReporting Act.\n\xe2\x80\xa2 To share information with our employees, agents or representatives performing\nwork for us in connection with your Credit Account.\n\xe2\x80\xa2 To communicate information as to our transactions or experiences with you\nto persons or entities related by common ownership or affiliated by corporate\ncontrol or with any third party (including non-affiliates).\nWe may also share information such as: (1) information other than our own\ntransactions with you with persons or entities related to the Bank by common\nownership or corporate control; or (2) information on your Credit Account\nwith certain companies to provide or offer you selected products, services or\ncardholder benefits. You may direct us not to share one or both of these. If this is\nyour request call 1-800-987-5521 or notify us in writing at First PREMIER Bank, P.O.\nBox 5528, Sioux Falls, SD 57117-5528. Be sure to include your name, address and\nCredit Account number. You may receive a copy of our information on your Credit\nAccount by writing or calling us at the address or telephone number listed above.\nBy requesting or obtaining a Credit Account, you authorize us to check your credit\nhistory. You authorize your employer, bank and any other references listed to release\nand/or verify information to us and our affiliates in order to determine your eligibility\nfor the Credit Account and any renewal or future extension of credit. If you ask, you\n\nPY\n\nO\n\nC\n\nRECEIVING STATEMENTS, OTHER INFORMATION AND\nCOMMUNICATIONS FROM US\nWhere We Send Statements: We will send Statements and any other notices to\nyou at the address shown in our files. If this is a joint Credit Account, we can send\nStatements and notices to either of you. You agree to notify us promptly of any change\nin your address. We may accept address changes or corrections from the United\nStates Postal Service. We may also mail Statements and other communications to\nyou at any address we determine to be an address at which you can receive mail.\nIf you elect to receive Statements and other communications electronically, we may\nsend those Statements and communications as directed by you.\nWhen You Receive Your Statements: We will send you a Statement at the end of\neach monthly Billing Cycle in which your Credit Account has a debit or credit balance\nof more than $1.00, if an INTEREST CHARGE has been imposed or if other account\nactivity has occurred. Your Statements will arrive around the same time each month,\nhowever we reserve the right to change the date of your Billing Cycle at any time.\nUnderstanding Your Statement: The Statements we send to you will reflect the\nactivity and our INTEREST CHARGES and other charges, costs and fees on your\nCredit Account during the Billing Cycle. They will also show your Total Minimum\nAmount Due and Payment Due Date, which is the date by which we must receive\npayment. The information contained on the Statement will be deemed to be correct\nunless you advise us in writing of any error within 60 days of the date on which we\nsend your Statement. If there are more than one of you living at different addresses,\nwe will send the Statements only to the person named as the \xe2\x80\x9cApplicant\xe2\x80\x9d in your\napplication.\nConsent to calls and messages using autodialer, prerecorded message and\nartificial voice: You agree and expressly consent that we and our agents, affiliates,\ncontractors, subcontractors, and assignees may call or contact you at any cellular,\nmobile, home, work, or other telephone number, electronic mail address, or other\ndigital or electronic communication terminal, link, point or address of any kind\nwhatsoever that (a) you provide or use to contact us, (b) we obtain from a third party\nsuch as an employer, friend, family member, another creditor, or person with whom\nyou have done business, or (c) we obtain through any legal means, including without\nlimitation, a caller identification system that captures your number. You expressly\n\nLI\n\nUSING YOUR CREDIT ACCOUNT\nYour Promise To Pay: You agree to pay us for all charges, Cash Advances,\nINTEREST CHARGES, Purchases and fees incurred on your Credit Account by you,\nor by any Authorized User, as well as any other fees imposed by us, as explained\nin this Contract. If more than one person requests or accepts the Credit Account,\neach and every person individually and jointly are responsible for payment until the\naccount is paid in full.\nJoint Account Holders: If this is a joint Credit Account, each person who signed the\napplication: (1) may obtain Purchases and Cash Advances not to exceed the total\ncredit limit; (2) will be responsible for paying all amounts owed; and (3) can close\nthe Credit Account.\nAccessing Your Credit Line: You can use the Card and your Credit Account to make\nPurchases and obtain Cash Advances. Upon your request, you may be assigned a\n\nconsent to receiving calls, text messages and other communications from us, our\nagents, affiliates, contractors, subcontractors, and assignees on any number that\nis assigned to a cellular telephone service, wired telephone service, paging service,\nfacsimile machine, specialized mobile radio service, radio common carrier service,\ninternet protocol service, or other electronic, digital or analog service that is placed\nthrough or utilizes an automatic telephone dialing system, artificial voice or prerecorded message, or any other technology, even if you incur a cost when we contact\nyou. You accept responsibility for all costs you incur when contacted through any of\nthese means.\nIndemnification: You agree to indemnify us for all damages, costs and expenses,\nincluding reasonable attorney fees, we incur when we attempt to contact you at any\nthird party\xe2\x80\x99s telephone number that you provide to us, including any number for which\nyou fail to notify us is no longer associated with you as the subscriber.\nE-mail: By providing us with your e-mail address, you consent to receive\ncorrespondence electronically from us and our affiliates and service providers. You\nagree that we may communicate with you by e-mail for any lawful reason.\nOther Communication Devices: If you provide us with any other form of electronic\ncommunication mechanism, you agree that we may communicate with you by that\nmechanism for any lawful reason.\n\nN\n\nUSING YOUR CARD\nSign Your Card: Be sure to sign your Card before you use it.\nIf You Do Not Want the Card: If you do not want the Card and Credit Account, you\nmust contact us by telephone or in writing asking us to close your Credit Account.\nDo Not Give Your Card to Others: Cards may not be given to anyone else to use.\nOther people who want a Credit Account should apply separately.\nYour Responsibility for Authorized Users: If another person is given access to\nyour Credit Account with your express or implied permission, notwithstanding the\nprovision above, that person is an Authorized User, even if we did not issue an\nadditional Card in the Authorized User\xe2\x80\x99s name. At your request, and if we agree,\nwe may issue an additional Card in the name of an Authorized User with your Credit\nAccount number.\nYou will be responsible for all charges, Cash Advances, INTEREST CHARGES,\nPurchases and fees incurred by any Authorized User. We are not required to try to\nobtain payment from any Authorized User before requiring payment from you.\nIf you wish to remove an Authorized User from your Credit Account you must contact\nus either by telephone or in writing. You will still be responsible for payment of all\nPurchases, Cash Advances, INTEREST CHARGES and fees incurred or obtained\nby the Authorized User. We may close your existing Credit Account and issue you a\nnew Card and account number. You and each Authorized User agree that we may\nreport account information to Consumer Reporting Agencies in the names of both you\nand the Authorized User.\nLost or Stolen Cards: To protect your rights, you must notify us immediately at\n1-800-987-5521 if your Card is lost or stolen or if you suspect that it has been used or\nmay be used without your permission. If your Card is reported as lost or stolen or you\nare claiming unauthorized use of your Credit Account or Card, we may require you to\nfile one or more reports with the appropriate law enforcement agencies and us prior\nto our removal of possible unauthorized charges made against your Credit Account.\nYou will not be liable for unauthorized use of your Card. Certain exceptions apply.\nRefusal to Accept Your Card: We are not responsible if any person or merchant\ndoes not accept your Card, or if an ATM or other device fails to properly operate. All\ntransactions, even when you get a receipt, are subject to our final verification.\nCards Are Our Property: You agree to return each Card issued on your Credit\nAccount to us upon our demand.\n\nPersonal Identification Number (PIN). If a PIN is assigned to you, you can obtain a\nCash Advance at any authorized ATM by using the Card and PIN.\nUnderstanding Your Credit Limit: Your \xe2\x80\x9cCredit Limit\xe2\x80\x9d is the maximum amount of\ncredit we have approved for your Credit Account. The amount of your Credit Limit\nis printed on the card carrier containing your Card and on your Statements. Your\nbalance may not exceed your Credit Limit at any time. At our sole discretion, we\nmay honor Purchases or Cash Advances in excess of your Credit Limit without\nraising your Credit Limit. If we do, we may require you to pay us any amount over\nyour Credit Limit immediately. Decisions on Credit Limit increases may be based on\nyour performance under this Credit Account and other Related Credit Accounts you\nhave with us and other credit criteria. If we have previously allowed your balance to\nexceed your Credit Limit, it does not mean that we will permit your balance to exceed\nyour Credit Limit again. We reserve the right to approve or deny authorizations or\ntransactions from any merchant at our sole discretion.\nObtaining Cash Advances: You may take Cash Advances on your Credit Account\nin any of the following ways: By presenting the Card to us or any other participating\nMastercard\xc2\xae or Visa\xc2\xae financial institution to obtain cash, by using the Card at an\nauthorized merchant, other non-bank entity, or an Automated Teller Machine (ATM)\nor other device to obtain cash or cash equivalent, or to make a transfer from your\nCredit Account to any other deposit or loan account. Even if you use your Credit\nAccount to obtain cash from a non-bank entity, the transaction will be described as\na Bank Cash Advance.\nYou may not take Cash Advances in excess of $500.00 per day. The minimum Cash\nAdvance per transaction is $20.00. For Credit Accounts opened on or after June 1,\n2003, your initial Cash Advance limit will be 10% of your assigned Credit Limit. Once\nyour Credit Account has been open and active for a minimum of 90 days, has two\nconsecutive months of current payment history, is not currently delinquent and no\npayments have been returned for the past 60 days, your Cash Advance availability\nmay be increased to 50% of the assigned Credit Limit. For example, if your Credit\nLimit is $250.00, your beginning Cash Advance limit will be $25.00 and may increase\nto $125.00 once the criteria above are met.\n\nO\n\n\xe2\x80\x9cRelated Credit Account(s)\xe2\x80\x9d means any Credit Accounts established using the\nsame Social Security Number.\n\xe2\x80\x9cStatement\xe2\x80\x9d is a summary of your Credit Account activity provided to you at the end\nof each Billing Cycle.\n\xe2\x80\x9cTotal Minimum Amount Due\xe2\x80\x9d means the total minimum amount we request that\nyou pay each month as indicated on your Statement. This amount includes the\nMinimum Payment, any Past Due Amount and any Amount Over Limit Due, which is\nthe amount by which the New Balance exceeds your Credit Limit. (See the Minimum\nPayment provisions on the Account Opening Disclosures printed on the card carrier\ncontaining your Card for more information on how the \xe2\x80\x9cTotal Minimum Amount Due\xe2\x80\x9d\nis calculated.)\n\xe2\x80\x9cYou\xe2\x80\x9d and \xe2\x80\x9cyour\xe2\x80\x9d mean each and every person who is authorized to use the Credit\nAccount, including Authorized Users, joint account holders and other persons you\nauthorize to use the Card.\nOther important words used in this Contract begin with capital letters. They are\ndefined throughout this Contract.\n\nREFUND DISCLOSURE\nInitial Fee Refunds: The following describes our policy concerning the refund of\ninitial fees (those fees that are billed on your first statement):\nWhen we will provide a full refund. We will refund the initial fees if you have\nnot made a Purchase or obtained a Cash Advance and either of the following\nare true:\n\xe2\x80\xa2 Your account is closed within 11 days following the payment due date\nshown on your first billing statement; or\n\nwill be told whether or not consumer reports on you were requested and the names\nof the Consumer Reporting Agencies, with their addresses, that provided the reports.\nIf you designate an Authorized User to use your Card, you understand that account\ninformation may also be reported to Consumer Reporting Agencies in the Authorized\nUser\xe2\x80\x99s name.\nNo Waiver: Even if we do not exercise any right we may have against you, we do not\nintend to waive that right. We can exercise it against you in the future.\nBinding Effect Upon Death or Incompetency: If we pay a merchant for a Purchase\nor post a Cash Advance to your Credit Account before we receive actual written\nnotice of your death or incompetence, or if we pay a merchant for a Purchase made\nby you or post a Cash Advance taken by you prior to your death or incompetence,\nthat transaction will be a valid and binding Credit Account obligation upon you, your\nestate and your personal representatives.\nOur Liability To You: We have no liability to you, other than as placed on us by law.\nWe will meet our duty to care for your Credit Account(s) under reasonable banking\nprocedures. Our mere clerical error or honest mistake will not be considered a failure\nto perform any of our obligations.\nTransactions in Foreign Currencies: If you make a transaction in a foreign\ncurrency, it will be converted into U.S. dollars, and you agree to accept the converted\namount. Visa USA, Inc. or Mastercard International, Inc. will use its currency\nconversion procedures in effect when processing the transaction. The currency\nconversion rate will be a rate selected by Visa or Mastercard, as applicable, from\nthe range of rates available in wholesale currency markets for the applicable central\nprocessing date, which rate may vary from the rate Visa or Mastercard itself receives,\nor the government-mandated rate in effect for the applicable central processing date,\nin each instance, plus a foreign currency transaction fee in the amount disclosed\non your Account Opening Disclosures printed on the card carrier containing your\nCard. This fee will be paid to us and applied to all transactions posted to your Credit\nAccount in a foreign currency, including all Purchase transactions, Cash Advance\ntransactions, ATM transactions and returns and adjustments (e.g., for returned\nmerchandise). The currency conversion rate used on the processing date may be\ndifferent than the rate that was in effect on the date you conducted the transaction.\nWe do not set the currency conversion rate, and we do not receive any portion of\nit. We do, however, receive a foreign currency transaction fee as disclosed on your\nAccount Opening Disclosures printed on the card carrier containing your card.\nProhibition on Gambling and Illegal Transactions: Your Card and Credit Account\nmay not be used in connection with any gambling transaction (whether legal or\nillegal). Also, your Card and Credit Account may be used only for valid and lawful\npurposes. If you use, or allow someone else to use your Card or Credit Account for\nany unlawful purpose or for any gambling transaction, you will be responsible for\nsuch use and may be required to reimburse us for all amounts or expenses we pay\nas a result of such use.\nCall Recording: You agree and consent that we will record and may monitor\nany calls between you and us. This includes both calls to and originated by First\nPREMIER Bank, PREMIER Bankcard, LLC, our parent corporation, or any of our\naffiliates, agents, independent contractors or service providers.\nYOUR BILLING RIGHTS\nKEEP THIS DOCUMENT FOR FUTURE USE\nThis notice tells you about your rights and our responsibilities under the Fair\nCredit Billing Act.\nWhat To Do If You Find A Mistake On Your Statement: If you think there is an error\non your statement, write to us at:\nFirst PREMIER Bank\nP.O. Box 5524\nSioux Falls, SD 57117-5524\n(You may also contact us on the Web: www.mypremiercreditcard.com.)\nIn your letter, give us the following information:\n\xe2\x80\xa2 Account information: Your name and Credit Account Number.\n\xe2\x80\xa2 Dollar amount: The dollar amount of the suspected error.\n\xe2\x80\xa2 Description of problem: If you think there is an error on your bill, describe what you\nbelieve is wrong and why you believe it is a mistake.\nYou must contact us:\n\xe2\x80\xa2 Within 60 days after the error appeared on your Statement.\n\n\x0c'