b'CARDHOLDER AGREEMENT\nRETAIL INSTALMENT CREDIT AGREEMENT\n1. YOUR BMW VISA\xc2\xae CARD AGREEMENT: This is the Cardholder Agreement (the \xe2\x80\x9cAgreement\xe2\x80\x9d) that establishes the terms of your Cardholder\nAccount (\xe2\x80\x9cAccount\xe2\x80\x9d) with BMW Bank of North America, P.O. Box 9210, Old Bethpage, NY 11804. Please read it carefully and keep it for your records.\nThe application or pre-approved acceptance you signed or otherwise submitted (including the accompanying federal and state notices), your Card, the\nCard Carrier we send with your Card, the Summary of Terms we provide on or with your Card Carrier and your signature (including any digital or\nelectronic signature) on the application or pre-approved acceptance, your Card, and any sales slip or other evidence of indebtedness are part of and are\nincorporated into this Agreement. Any use of your Card or Account constitutes your acceptance of the terms and conditions of this Agreement. This\nAgreement begins on the earlier of (a) the date you sign or otherwise submit an application or pre-approved acceptance that is approved by us or (b) the\nfirst date that you or someone authorized by you uses the Account in a transaction that we approve (in NY, the first date that you or someone authorized\nby you signs a sales slip or memorandum or the first date that another document is issued to you or someone authorized by you as evidence of a\ntransaction on your Account that we approve).\n2. CERTAIN DEFINITIONS: In this Agreement, the words \xe2\x80\x9cyou\xe2\x80\x9d and \xe2\x80\x9cyour\xe2\x80\x9d refer to each person (jointly and severally if more than one) who has applied\nfor the Account and any other person who has agreed to be responsible for the Account. The words \xe2\x80\x9cwe\xe2\x80\x9d, \xe2\x80\x9cus\xe2\x80\x9d and \xe2\x80\x9cour\xe2\x80\x9d refer to BMW Bank of North\nAmerica, its agents, successors or assigns. \xe2\x80\x9cCard\xe2\x80\x9d refers to each Visa Card that is issued by us for your Account. The term \xe2\x80\x9cCheck\xe2\x80\x9d refers to a\nconvenience check, a written Credit Device that we may issue to you. The term \xe2\x80\x9cCredit Device\xe2\x80\x9d refers to a Check, payee-designated check, draft, order,\nor other instrument or transaction that accesses the Account, other than a Card. Any Card or Credit Device must be destroyed or returned to us\nimmediately upon our request.\n3. USING YOUR ACCOUNT: You may use your Card or Account to purchase or lease goods or services or pay amounts you owe (collectively,\n\xe2\x80\x9cPurchases\xe2\x80\x9d) wherever the Card is honored. From time to time we may offer you the opportunity to use your Account or a Credit Device to pay amounts\nyou owe under accounts with other creditors (\xe2\x80\x9cBalance Transfers\xe2\x80\x9d). You may also use your Card or a Check to obtain cash loans (\xe2\x80\x9cCash Advances\xe2\x80\x9d)\nfrom any financial institution that accepts the Card.\nYou may obtain a Cash Advance by writing a Check. Checks will not be subject to any stop payment order and will not be returned to you. Each Check\nmay be used only by the person(s) whose name(s) is/are printed on it. Each Check must be completed and signed by you (or either of you) in the same\nmanner as a regular personal check. You may not use any Check we issue to you to pay any amount you owe under your Cardholder Agreement or\nunder any other credit agreement or account you may have with us. In addition to Check transactions, the following transactions will be treated as Cash\nAdvances:\n\xe2\x88\x92\n\xe2\x88\x92\n\xe2\x88\x92\n\nobtaining cash from participating Automated Teller Machines (\xe2\x80\x9cATM\xe2\x80\x9d);\nobtaining cash from participating financial institutions nationwide that have agreed with Visa to allow you to use your Card to obtain cash;\nobtaining money orders, wire transfers, casino or gaming chips, travelers\xe2\x80\x99 checks, foreign currency, vouchers redeemable for cash or similar\nitems.\n\nYou may not use your Card or Account for any gambling or for any illegal purpose.\nYou may not use your Card or Account to make purchases of cryptocurrency or digital currency from or through vendors identified as digital currency\nmarketplaces, exchanges, or brokers.\n4. OBLIGATIONS ON YOUR ACCOUNT: You authorize us to pay and charge your Account for all Purchases, Balance Transfers and Cash Advances\nmade or obtained by you or anyone you authorize or by anyone who has apparent authority to use your Card or Account. You promise to pay us for all of\nthese Purchases, Balance Transfers and Cash advances, plus any interest assessed on your Account and any other charges and fees you may owe\nunder the terms of this Agreement. You will be obligated to pay authorized charges to your Account whether resulting from (a) actual use of your Card or\na Credit Device, (b) mail order or telephone, internet or other electronic Purchases made without presenting the Card or (c) any other circumstance\nwhere you authorize a charge, or authorize someone else to make a charge, to your Account.\n5. JOINT ACCOUNTS: If this is a joint Account, each of you has the right to use the Account as provided for in this Agreement and is individually\nresponsible to pay the entire balance due. Either of you may give us notices required or make requests permitted under this Agreement. If each of you\ngives us notices or makes requests, and those notices or requests are conflicting, we may honor or refuse to honor either request at our option. We can\ndo so without notice to any person(s). We will not be liable for honoring or refusing to honor any conflicting request. We may require that you pay the full\namount owed without our first asking the other person(s) to pay.\n6. CREDIT LIMIT: Your maximum amount of credit we will extend to you (\xe2\x80\x9cCredit Limit\xe2\x80\x9d) is initially shown on the Card Carrier containing your Card. We\nmay designate that only a portion of your Credit Limit is available for Cash Advances (\xe2\x80\x9cCash Advance Credit Limit\xe2\x80\x9d) and you agree not to exceed that\nlimit. Therefore, since we may change any applicable Credit Limit from time to time, your latest Credit Limit(s) will appear on your Monthly Statement.\nYou agree not to make a Purchase or obtain a Balance Transfer or a Cash Advance that would cause the unpaid balance of your Account (including\ninterest, fees and other charges) to exceed any applicable Credit Limit. We may honor Purchases, Balance Transfers and Cash Advances in excess of\nany applicable Credit Limit at our sole discretion. If we do, this Agreement also applies to that excess and you agree to pay that excess immediately\nupon request. The fact that we may at any time honor a Purchase, Balance Transfer or Cash Advance in excess of the applicable Credit Limit does not\nobligate us to do so again.\nSubject to any restrictions under applicable law, you agree that we may change or cancel any applicable Credit Limit at any time without affecting your\nobligation to pay all amounts owed under this Agreement. For security reasons, we may limit the number or dollar amount of transactions that may be\naccomplished with your Card, Account or any Credit Device, and we have the right to limit authorizations to complete such transactions if we consider it\nnecessary to verify payments received.\n\n\x0c7. MONTHLY STATEMENTS: We will send a statement at the end of each monthly billing cycle (\xe2\x80\x9cMonthly Statement\xe2\x80\x9d) in which your Account has a\ndebit or credit balance of more than $1 or if interest has been imposed, or as required by applicable law. Among other things, your Monthly Statement\nwill show your New Balance, any interest, any Credit Limit(s) and credit available, the minimum amount you must pay (\xe2\x80\x9cMinimum Payment Due\xe2\x80\x9d) and\nthe date when payment is due (\xe2\x80\x9cPayment Due Date\xe2\x80\x9d).\nMinimum Monthly Payment: If the New Balance shown on your monthly statement is less than $20, your Minimum Monthly Payment due by the\nPayment Due Date) is your New Balance. Otherwise, the Minimum Monthly Payment for each billing cycle will be the greater of $20 or the total of (1) 1%\nof the New Balance, plus (2) any Interest Charge, plus (3) any Overlimit Fee, plus (4) any Late Fee, plus (5) any amount past due, plus (6) if we so elect,\nany amount over your Credit Limit, including any Cash Advance exceeding your Cash Advance Credit Limit, at the time of billing. You may pay more\nthan the Minimum Payment Due and may at any time pay the full amount you owe us without incurring any additional charge.\n8. PAYMENT ON ACCOUNT: Except as otherwise provided in this Agreement or any promotional offer, you must pay at least the Minimum Payment\nDue each billing cycle that there is a balance on your Account. All payments must be made in U.S. dollars. Any payment made by check or other\nnegotiable instrument must be drawn on a U.S. bank or a U.S. branch of a foreign bank.\nIf we receive a payment on your Account at the address shown on your Monthly Statement before 5:00 p.m. ET on any Processing Day or if you make a\npayment by telephone or internet your payment will be considered made on the date received. The term \xe2\x80\x9cProcessing Day\xe2\x80\x9d refers to any Sunday through\nFriday, excluding federal and state banking holidays on which we are not open for business. Your payment will not be considered received by us if the\npayment is later dishonored. Payments made by mail received at a location other than the payment address shown on the Monthly Statement may be\ndelayed by up to five Processing Days.\nPayments posted to your Account may not immediately result in additional available credit. Subject to any restrictions of applicable law, we will apply\nyour payments to the balances in your Account in whatever manner we determine. Generally, payment amounts that exceed the required Minimum\nPayment Due will be allocated to balances with higher Annual Percentage Rates (\xe2\x80\x9cAPR\xe2\x80\x9d) (including new transactions) before balances with lower\nAPRs.\n9. INTEREST: When your Account has a balance subject to interest (as described in Section 11 below), we will calculate interest by applying a daily\nperiodic rate to that balance. If you owe interest in any billing cycle, the charge will be no less than the minimum interest charge stated in the Summary\nof Terms.\n10. PERIODIC RATES: We will use one or more daily periodic rates to calculate how much interest you owe. Your periodic rates and corresponding\nAPRs will vary. The daily periodic rate is a rate equal to the APR divided by the number of days in that year. Except as otherwise provided in a\npromotional offer, the rate for Purchases (\xe2\x80\x9cPurchase Rate\xe2\x80\x9d), the rate for Cash Advances (\xe2\x80\x9cCash Advance Rate\xe2\x80\x9d), and the rate for Balance Transfers\n(\xe2\x80\x9cBalance Transfer Rate\xe2\x80\x9d) will be the rates shown in the Summary of Terms. Please see your Summary of Terms for details, including the current\nperiodic rates and corresponding APRs.\nPenalty Rate - The periodic rates and corresponding APRs on all balances will increase to the \xe2\x80\x9cPenalty Rate\xe2\x80\x9d (as described in your Summary of Terms)\nif: (a) your required Minimum Payment Due is not credited to your Account within five (5) days of the Payment Due Date or (b) a payment on your\nAccount is not honored by your bank or other financial institution. If the Penalty Rate is applied, it will apply to your Account until you have made the\nMinimum Payment Due by the Payment Due Date for six (6) consecutive months.\nVariable Rate \xe2\x80\x93 Except as provided in a promotional offer, the periodic rates and corresponding APRs on your account will vary with the market based\non the highest domestic bank \xe2\x80\x9cprime rate\xe2\x80\x9d as published in the \xe2\x80\x9cMoney Rates\xe2\x80\x9d section of The Wall Street Journal (the \xe2\x80\x9cPrime Rate\xe2\x80\x9d). We determine your\nAPRs for each billing cycle by adding the \xe2\x80\x9cMargins\xe2\x80\x9d described and shown in the Summary of Terms to the Prime Rate published two days prior to the\nbilling cycle closing date. If the Prime Rate increases, the daily periodic rates and corresponding APRs may increase, and as a result, the interest, the\nMinimum Payment Due, and the number of payments required to repay all amounts owed on the Account also may increase. Any new periodic rate will\napply to the existing balance of your Account to the extent permitted by applicable law.\n11. WHEN INTEREST BEGINS TO ACCRUE: Except as provided below, interest on Purchases, Cash Advances and Balance Transfers will accrue\nfrom the date of the transaction (or, at our option, from the date they are posted to your Account).\nPurchases \xe2\x80\x93You will not have to pay interest on Purchases if you pay your New Balance in full by the Payment Due Date shown on your Monthly\nStatement, which shall not be less than 22 days after the close of the billing cycle.\nCash Advances and Balance Transfers \xe2\x80\x93 Unless otherwise disclosed in a promotional offer, there is no period in which credit extended may be paid\nwithout incurring interest on Cash Advances or Balance Transfers.\n12. BALANCE SUBJECT TO INTEREST RATE: We will figure interest on your Account by applying the periodic rate applicable to the \xe2\x80\x9cdaily balance\xe2\x80\x9d of\nyour Balance Transfers, Cash Advances, and Purchases (if applicable) for each day in the billing cycle. To get the \xe2\x80\x9cdaily balance\xe2\x80\x9d, we take the beginning\nbalance of your Balance Transfers, Cash Advances, and Purchases (if applicable) each day, add any new Purchases, Cash Advances, Balance\nTransfers, and/or applicable fees, and subtract any payments and/or credits. This gives us the \xe2\x80\x9cdaily balance.\xe2\x80\x9d This Agreement provides for the\ncompounding of interest.\n13. FEES:\nAnnual Fee \xe2\x80\x94 If applicable, you agree to pay us when billed each year (subject to applicable federal law) a non-refundable Annual Fee in the amount\nstated in the Summary of Terms. Your payment of this fee will not affect any of our rights under this Agreement, including our right to terminate your\nAccount.\nTransaction Fees \xe2\x80\x94 Unless otherwise disclosed in a promotional offer, we will charge a one-time transaction fee for each Balance Transfer and Cash\nAdvance. The calculation of these fees is described in the Summary of Terms. The fee for a Balance Transfer will be added to your Balance Transfer\nbalance. The fee for a Cash Advance will be added to your Cash Advance balance.\nPenalty Fees \xe2\x80\x94 If we do not receive a payment from you in at least the amount of your Minimum Payment Due by the Payment Due Date shown on\nyour Monthly Statement, we may charge you a Late Payment Fee (as described in your Summary of Terms). If your bank does not honor the payment\n\n\x0cyou give us, or we must return a payment because it is unsigned or otherwise irregular, we may charge you a Returned Payment Fee (as described in\nyour Summary of Terms). The amount of the Late Payment or Return Payment Fee will be $25 for the first occurrence and $35 for any subsequent\noccurrence within six (6) billing cycles. No Penalty Fee will exceed the lesser of the amount stated in the Summary of Terms or the amount of the\nMinimum Payment Due when the payment was late or returned. We will charge only one Penalty Fee for any single event or transaction, even if it\ninvolves a late and returned payment in one cycle.\nAdministrative Fees \xe2\x80\x94 You may be charged administrative fees for photocopies of sales slips, duplicate copies of Monthly Statements, for the\nexpedited mailing or replacement of your Card and for any EMV or \xe2\x80\x9cchip\xe2\x80\x9d card you request. These fees will be disclosed to you at the time of the\nrequest.\n14. DEFAULT/COLLECTION COSTS: Subject to any restrictions of applicable law, your Account will be in default and we may demand immediate\npayment of the entire amount you owe us without giving you prior notice if: (a) in any month we do not receive your Minimum Payment Due by the\nPayment Due Date; (b) you otherwise fail to comply with this Agreement; (c) there is a filing for your bankruptcy; (d) you die or become incapacitated; or\n(e) we believe in good faith that the payment or performance of your obligations under this Agreement is impaired for any other reason. To the extent the\nstate where you live permits the charging of such fees and costs, you agree to pay all collection expenses actually incurred by us in the collections of\namounts you owe under this Agreement (including court costs and the fees of any collection agency to which we refer your Account) and, if we refer your\nAccount after your default to an attorney who is not our regularly salaried employee, you agree to pay the reasonable fees of such attorney. We will not\nbe obligated to honor any attempted use of your Account if default has occurred or we have determined to terminate your Account or limit your Account\nprivileges (as discussed in Section 15 below). WISCONSIN RESIDENTS: We will not charge you attorneys\xe2\x80\x99 fees, court costs, or other collection costs\nincurred as a result of your default.\n15. TERMINATION: Subject to any restrictions of applicable law, we may terminate your privileges under this Agreement or limit your right to make\nPurchases, obtain Cash Advances or initiate Balance Transfers at any time without notice or liability. If we ask, you must destroy your Cards and any\nunused Credit Devices. You agree that you will not try to make a Purchase, obtain a Cash Advance or initiate a Balance Transfer after you have been\nnotified that your privilege to use your Account has been terminated. You may terminate this Agreement at any time. If you do, you must destroy all\nCards and Credit Devices previously issued on the Account. If you call us, we may require that termination of your Account (by you or us) will not affect\nyour existing obligations under this Agreement or your liability for all amounts owed under the terms of this Agreement.\n16. NOTICES: We will send Monthly Statements and any other notices to you at the address shown in our filed. If this is a joint Account, we can send\nMonthly Statements and notices to either of you, unless otherwise required by applicable law. You promise to inform us promptly in writing of any\nchange in your address. We may, at our discretion, accept address corrections from the United States Postal Service.\n17. INTERNATIONAL TRANSACTIONS - FEE AND FOREIGN CURRENCY CONVERSION RATE: You may use your Card and your Account for\nPurchases and Cash Advances that qualify as \xe2\x80\x9cInternational Transactions\xe2\x80\x9d under this Agreement. For purposes of this Agreement, \xe2\x80\x9cInternational\nTransactions\xe2\x80\x9d include (a) Purchases and Cash Advances made in currencies other than U.S. Dollars from participating Visa merchants and (b)\nPurchases and Cash Advances made in U.S Dollars from participating Visa merchants located outside the U.S. For purposes of this Agreement,\nPurchases and Cash Advances made in U.S. Dollars from participating Visa merchants located in a U.S. territory, U.S. military base, U.S. embassy, or\nU.S. consulate are not deemed to be International Transactions.\nEach time you use your Card or Account to make an International Transaction, you agree to pay the International Transaction Fee stated in your\nSummary of Terms, whether the transaction is originally made in U.S. Dollars or converted to U.S. Dollars from a foreign currency.\nFor International Transactions converted to U.S. Dollars from a foreign currency, you agree to pay the converted amount plus the International\nTransaction Fee stated in your Summary of Terms. Conversion to U.S. Dollars may occur on a date other than the date of the transaction; therefore, the\ncurrency conversion rate may be different from the rate in effect at the time of the transaction. Visa\xc2\xae, and not us, determines the currency conversion\nrate that is used.\nTransactions made in currencies other than U.S. Dollars will be converted to U.S. Dollars under the regulations established by Visa Inc. in effect at the\ntime the transaction is processed by Visa\xc2\xae. Current Visa\xc2\xae regulations in effect provide that the currency conversion rate will be either a rate selected by\nVisa\xc2\xae from the range of rates available in wholesale currency markets, which rate may vary from the rate Visa itself receives, or the governmentmandated rate, as applicable, in each instance effective one day before the applicable Central Processing Date.\n18. SKIP/PROMOTIONAL FEATURES: From time to time, we may let you skip or reduce one or more Minimum Payments Due during a year and/or\nwe may temporarily reduce or eliminate interest on all or a portion of the outstanding balances on your Account or offer you other special terms. If we do,\nwe will advise you of the scope and duration of the applicable skip or promotional feature. We will end the skip or promotional feature and apply your\nregular rates and terms to the extent permitted by applicable law.\n19. CHANGES TO THIS AGREEMENT: Subject to applicable law, we can change the terms of, add new terms to, or delete terms from this\nAgreement at any time. We will give you notice of the change, addition or deletion as required by applicable law. As permitted by applicable law,\nany change, addition, or deletion to this Agreement will become effective at the time stated in our notice. Unless we state otherwise, the change,\naddition, or deletion will apply to all outstanding balances on your Account as well as to new transactions to the extent permitted by applicable law.\n20. CREDIT REPORTING; INACCURATE INFORMATION: You are hereby notified that a negative credit report reflecting on your credit record may be\nsubmitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. If you believe that we have information about you that is\ninaccurate or that we have reported or may report to a credit reporting agency information about you that is inaccurate, please notify us on the specific\ninformation that you believe is inaccurate by writing to us at BMW Bank of North America, P.O. Box 9210, Old Bethpage, NY 11804.\n21. TELEPHONE MONITORING AND RECORDING: In the regular course of our business we may monitor and record phone conversations made or\nreceived by us. You agree that we will have such right with respect to all phone conversations between you and us, whether initiated by you or us.\nSubject to any restrictions of applicable law, you agree that we may contact you for any reason regarding your Account, including collection of payments,\nusing (i) any contact information, including, but not limited to, an email address or cell phone number you provide at the time of application or in the\nfuture and (ii) an automated telephone dialing system and/or artificial or prerecorded voice message, even if you are charged for the call under your\nphone plan, unless you call us at 888-269-2273 to limit this consent.\n\n\x0c22. REFUSAL TO HONOR CARD: We are not responsible for refusals to honor your Card or Credit Devices. And, except as otherwise required by\napplicable law or regulation, we will not be responsible for merchandise or services purchased or leased through use of your Account.\n23. IRREGULAR PAYMENTS: We can accept late payments, partial payments, checks and money orders marked \xe2\x80\x9cPaid in Full\xe2\x80\x9d or language having the\nsame effect without losing any of our rights under this Agreement. No payment shall operate as an accord and satisfaction without our prior\nwritten approval. All written communications concerning disputed amounts, including any check or other payment instrument that indicates\nthat the payment constitutes \xe2\x80\x9cpayment in full\xe2\x80\x9d of the amount owed or that is tendered with other conditions or limitations or as full\nsatisfaction of a disputed amount, must be mailed or delivered to BMW Bank of North America, 2735 E. Parleys Way, Suite 301, Salt Lake City,\nUT 84109-1666.\n24. LIABILITY FOR UNAUTHORIZED USE OF YOUR CARD OR ACCOUNT: If you notice the loss or theft of your Card or a possible unauthorized use\nof your Card or Account, you should write to us immediately at BMW Card Services, P.O. Box 9210, Old Bethpage, NY 11804 or call us (toll free) at 888\nBMW CARD or (collect) at 410 581 9994. You will not be liable for any such unauthorized use that occurs after you notify us. You may, however, be\nliable for such unauthorized use that occurs before you notify us. In any case, your liability for such unauthorized use will not exceed $50.\n25. ASSIGNMENT: We may at any time assign your Account, any sums due on your Account, this Agreement or our rights or obligations under this\nAgreement. The person(s) to whom we make any such assignment shall be entitled to all of our rights under this Agreement, to the extent assigned. You\nmay not assign your Account or any of your rights or obligations under this Agreement.\n26. NO WAIVER; ENTIRE AGREEMENT: Our failure to exercise any of our rights under this Agreement, our delay in enforcing any of our rights, or our\nwaiver of our rights on any occasion shall not constitute a waiver of such rights on any other occasion. This Agreement, together with all documents\nincorporated herein, is the entire agreement between you and us relating to your Account. This Agreement cannot be changed except as explained in\nthis Agreement.\n27. GOVERNING LAW: THIS AGREEMENT AND YOUR ACCOUNT, AND ANY CLAIM, DISPUTE OR CONTROVERSY ARISING FROM OR\nRELATING TO THIS AGREEMENT OR YOUR ACCOUNT, WHETHER BASED ON CONTRACT, TORT, FRAUD AND OTHER INTENTIONAL TORTS,\nSTATUTE, REGULATION, CONSTITUTION, COMMON LAW AND/OR EQUITY, ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH\nTHE LAWS OF THE STATE OF UTAH (WITHOUT REGARD TO INTERNAL PRINCIPLES OF CONFLICTS OF LAW) AND APPLICABLE FEDERAL\nLAW. THE LEGALITY, ENFORCEABILITY AND INTERPRETATION OF THIS AGREEMENT AND THE AMOUNTS CONTRACTED FOR, CHARGED\nAND RECEIVED UNDER THIS AGREEMENT WILL BE GOVERNED BY SUCH LAWS. THIS AGREEMENT IS ENTERED INTO BETWEEN YOU AND\nUS IN UTAH. WE MAKE DECISIONS ABOUT GRANTING CREDIT TO YOU FROM, EXTEND CREDIT TO YOU UNDER THIS AGREEMENT FROM,\nAND ACCEPT YOUR PAYMENTS IN, UTAH.\n28. HEADINGS; CAPTIONS: Section and paragraph headings and captions used in this Agreement are for convenience and reference purposes only,\nand do not limit or affect the meaning of the provisions in this Agreement. Unless the context specifically requires otherwise, the use of the singular in\nthis Agreement includes the plural (and vice versa).\n29. INQUIRIES OR QUESTIONS: You may address any inquiries or questions which you have about your Account to BMW Bank of North America,\nP.O. Box 9210, Old Bethpage, NY 11804, or you may call us at 888 BMW CARD.\nCovered Borrowers under the Military Lending Act. Effective October 3, 2017 for New Accounts: Federal law provides important protections to\nmembers of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of\nthe Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit\ntransaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction;\nany application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other\nthan certain participation fees for a credit card account). To hear disclosures related to the Military Lending Act, please call this toll-free number: 1-877724-3317.\nMARYLAND RESIDENTS: Finance charges will be imposed on the outstanding balances from month to month in amounts or at rates not in excess of\nthose permitted by law. You have the right under Maryland Commercial Law Code Section 12-510 to receive an answer to a written inquiry concerning\nthe status of your Account.\nNEW JERSEY RESIDENTS: Because certain provisions of this Agreement are subject to applicable law, they may be void, unenforceable or\ninapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey.\nOHIO RESIDENTS: The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that\ncredit reporting agencies maintain separate credit histories on each individual upon request. The Ohio civil rights commission administers compliance\nwith this law.\nWISCONSIN RESIDENTS: No provision of a marital property agreement, a unilateral statement under Wisconsin Statutes section 766.59 or a court\ndecree under section 766.70 adversely affects the interest of the creditor unless the creditor, prior to the time the credit is granted, is furnished a copy of\nthe agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred.\n\nYOUR BILLING RIGHTS: Keep This Document For Future Use\nThis notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.\nWhat to Do If You Find a Mistake on Your Statement\nIf you think there is an error on your statement, contact us at 1-888-269-2273 or send a letter to:\nBMW Bank of North America\nP.O. Box 9210\n\n\x0cOld Bethpage, NY 11804\nIn your communication please provide the following information:\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nAccount information: Your name and account number.\nDollar amount: The dollar amount of the suspected error.\nDescription of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.\n\nYou must contact us:\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nWithin 60 days after the error appeared on your statement.\nAt least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.\n\nWhat Will Happen After We Receive Your Communication:\nWe must do two things:\n1.\n2.\n\nWithin 30 days of notification, we must tell you that we received your communication. We will also tell you if we have already corrected\nthe error.\nWithin 90 days of receiving your communication, we must either correct the error or explain to you why we believe the bill is correct.\n\nWhile we investigate whether or not there has been an error:\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nWe cannot try to collect any amount in question, or report you as delinquent on that amount.\nThe charge in question may remain on your statement, and we may continue to charge you interest on that amount.\nWhile you do not have to pay the amount in question, you are responsible for the remainder of your balance.\nWe can apply any unpaid amount against your credit limit.\n\nAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nIf we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.\nIf we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send\nyou a statement of the amount that you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount\nwe think you owe.\n\nIf you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we\ncannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you\nas delinquent, and we must let those 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 of the amount you question, even if your bill is correct.\nYour Rights If You Are Dissatisfied With Your Credit Card Purchases\nIf you are dissatisfied with the goods or services that you have purchased with your credit card and you have tried in good faith to correct the problem\nwith the merchant, you may have the right not to pay the remaining amount due on the purchase.\nTo use this right, all of the following must be true:\n1.\n\n2.\n3.\n\nThe purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must\nhave been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if\nwe own the company that sold you the goods or services.)\nYou must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses\nyour credit card account do not qualify.\nYou must not yet have fully paid for the purchase.\n\nIf all of the criteria above are met and you are still dissatisfied with the purchase, contact us at 1-888-269-2273 or send a letter to:\nBMW Bank of North America\nP.O. Box 9210\nOld Bethpage, NY 11804\nWhile we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At\nthat point, if we think you owe an amount and you do not pay, we may report you as delinquent.\n\nM-125079\n\n4/2018\n\n\x0cCARDHOLDER AGREEMENT\nRETAIL INSTALMENT CREDIT AGREEMENT\n1. YOUR BMW VISA\xc2\xae SIGNATURE CARD AGREEMENT: This is the Cardholder Agreement (the \xe2\x80\x9cAgreement\xe2\x80\x9d) that establishes the terms of your\nCardholder Account (\xe2\x80\x9cAccount\xe2\x80\x9d) with BMW Bank of North America, P.O. Box 9210, Old Bethpage, NY 11804. Please read it carefully and keep it for\nyour records. The application or pre-approved acceptance you signed or otherwise submitted (including the accompanying federal and state notices),\nyour Card, the Card Carrier we send with your Card, the Summary of Terms we provide on or with your Card Carrier and your signature (including any\ndigital or electronic signature) on the application or pre- approved acceptance, your Card, and any sales slip or other evidence of indebtedness are part\nof and are incorporated into this Agreement. Any use of your Card or Account constitutes your acceptance of the terms and conditions of this\nAgreement. This Agreement begins on the earlier of (a) the date you sign or otherwise submit an application or pre-approved acceptance that is\napproved by us or (b) the first date that you or someone authorized by you uses the Account in a transaction that we approve (in NY, the first date that\nyou or someone authorized by you signs a sales slip or memorandum or the first date that another document is issued to you or someone authorized by\nyou as evidence of a transaction on your Account that we approve).\n2. CERTAIN DEFINITIONS: In this Agreement, the words \xe2\x80\x9cyou\xe2\x80\x9d and \xe2\x80\x9cyour\xe2\x80\x9d refer to each person (jointly and severally if more than one) who has applied\nfor the Account and any other person who has agreed to be responsible for the Account. The words \xe2\x80\x9cwe\xe2\x80\x9d, \xe2\x80\x9cus\xe2\x80\x9d and \xe2\x80\x9cour\xe2\x80\x9d refer to BMW Bank of North\nAmerica, its agents, successors or assigns. \xe2\x80\x9cCard\xe2\x80\x9d refers to each Visa Card that is issued by us for your Account. The term \xe2\x80\x9cCheck\xe2\x80\x9d refers to a\nconvenience check, a written Credit Device that we may issue to you. The term \xe2\x80\x9cCredit Device\xe2\x80\x9d refers to a Check, payee-designated check, draft, order,\nor other instrument or transaction that accesses the Account, other than a Card. Any Card or Credit Device must be destroyed or returned to us\nimmediately upon our request.\n3. USING YOUR ACCOUNT: You may use your Card or Account to purchase or lease goods or services or pay amounts you owe (collectively,\n\xe2\x80\x9cPurchases\xe2\x80\x9d) wherever the Card is honored. From time to time we may offer you the opportunity to use your Account or a Credit Device to pay amounts\nyou owe under accounts with other creditors (\xe2\x80\x9cBalance Transfers\xe2\x80\x9d). You may also use your Card or a Check to obtain cash loans (\xe2\x80\x9cCash Advances\xe2\x80\x9d)\nfrom any financial institution that accepts the Card.\nYou may obtain a Cash Advance by writing a Check. Checks will not be subject to any stop payment order and will not be returned to you. Each Check\nmay be used only by the person(s) whose name(s) is/are printed on it. Each Check must be completed and signed by you (or either of you) in the same\nmanner as a regular personal check. You may not use any Check we issue to you to pay any amount you owe under your Cardholder Agreement or\nunder any other credit agreement or account you may have with us. In addition to Check transactions, the following transactions will be treated as Cash\nAdvances:\n-\n\nobtaining cash from participating Automated Teller Machines (\xe2\x80\x9cATM\xe2\x80\x9d);\nobtaining cash from participating financial institutions nationwide that have agreed with Visa to allow you to use your Card to obtain cash;\nobtaining money orders, wire transfers, casino or gaming chips, travelers\xe2\x80\x99 checks, foreign currency, vouchers redeemable for cash or similar\nitems.\n\nYou may not use your Card or Account for any gambling or for any illegal purpose.\nYou may not use your Card or Account to make purchases of cryptocurrency or digital currency from or through vendors identified as digital currency\nmarketplaces, exchanges, or brokers.\n4. OBLIGATIONS ON YOUR ACCOUNT: You authorize us to pay and charge your Account for all Purchases, Balance Transfers and Cash Advances\nmade or obtained by you or anyone you authorize or by anyone who has apparent authority to use your Card or Account. You promise to pay us for all of\nthese Purchases, Balance Transfers and Cash advances, plus any interest assessed on your Account and any other charges and fees you may owe\nunder the terms of this Agreement. You will be obligated to pay authorized charges to your Account whether resulting from (a) actual use of your Card or\na Credit Device, (b) mail order or telephone, internet or other electronic Purchases made without presenting the Card or (c) any other circumstance\nwhere you authorize a charge, or authorize someone else to make a charge, to your Account.\n5. JOINT ACCOUNTS: If this is a joint Account, each of you has the right to use the Account as provided for in this Agreement and is individually\nresponsible to pay the entire balance due. Either of you may give us notices required or make requests permitted under this Agreement. If each of you\ngives us notices or makes requests, and those notices or requests are conflicting, we may honor or refuse to honor either request at our option. We can\ndo so without notice to any person(s). We will not be liable for honoring or refusing to honor any conflicting request. We may require that you pay the full\namount owed without our first asking the other person(s) to pay.\n6. CREDIT LIMIT: Your maximum amount of credit we will extend to you (\xe2\x80\x9cCredit Limit\xe2\x80\x9d) is initially shown on the Card Carrier containing your Card. We\nmay designate that only a portion of your Credit Limit is available for Cash Advances (\xe2\x80\x9cCash Advance Credit Limit\xe2\x80\x9d) and you agree not to exceed that\nlimit. Therefore, since we may change any applicable Credit Limit from time to time, your latest Credit Limit(s) will appear on your Monthly Statement.\nYou agree not to make a Purchase or obtain a Balance Transfer or a Cash Advance that would cause the unpaid balance of your Account (including\ninterest, fees and other charges) to exceed any applicable Credit Limit. We may honor Purchases, Balance Transfers and Cash Advances in excess of\nany applicable Credit Limit at our sole discretion. If we do, this Agreement also applies to that excess and you agree to pay that excess immediately\nupon request. The fact that we may at any time honor a Purchase, Balance Transfer or Cash Advance in excess of the applicable Credit Limit does not\nobligate us to do so again.\nSubject to any restrictions under applicable law, you agree that we may change or cancel any applicable Credit Limit at any time without affecting your\nobligation to pay all amounts owed under this Agreement. For security reasons, we may limit the number or dollar amount of transactions that may be\naccomplished with your Card, Account or any Credit Device, and we have the right to limit authorizations to complete such transactions if we consider it\nnecessary to verify payments received.\n7. MONTHLY STATEMENTS: We will send a statement at the end of each monthly billing cycle (\xe2\x80\x9cMonthly Statement\xe2\x80\x9d) in which your Account has a\ndebit or credit balance of more than $1 or if interest has been imposed, or as required by applicable law. Among other things, your Monthly Statement\n\n\x0cwill show your New Balance, any interest, any Credit Limit(s) and credit available, the minimum amount you must pay (\xe2\x80\x9cMinimum Payment Due\xe2\x80\x9d) and\nthe date when payment is due (\xe2\x80\x9cPayment Due Date\xe2\x80\x9d).\nMinimum Monthly Payment: If the New Balance shown on your monthly statement is less than $20, your Minimum Monthly Payment due by the\nPayment Due Date) is your New Balance. Otherwise, the Minimum Monthly Payment for each billing cycle will be the greater of $20 or the total of (1) 1%\nof the New Balance, plus (2) any Interest Charge, plus (3) any Overlimit Fee, plus (4) any Late Fee, plus (5) any mount past due, plus (6) if we so elect,\nany amount over your Credit Limit, including any Cash Advance exceeding your Cash Advance Credit Limit, at the time of billing. You may pay more\nthan the Minimum Payment Due and may at any time pay the full amount you owe us without incurring any additional charge.\n8. PAYMENT ON ACCOUNT: Except as otherwise provided in this Agreement or any promotional offer, you must pay at least the Minimum Payment\nDue each billing cycle that there is a balance on your Account. All payments must be made in U.S. dollars. Any payment made by check or other\nnegotiable instrument must be drawn on a U.S. bank or a U.S. branch of a foreign bank.\nIf we receive a payment on your Account at the address shown on your Monthly Statement before 5:00 p.m. ET on any Processing Day or if you make a\npayment by telephone or internet your payment will be considered made on the date received. The term \xe2\x80\x9cProcessing Day\xe2\x80\x9d refers to any Sunday through\nFriday, excluding federal and state banking holidays on which we are not open for business. Your payment will not be considered received by us if the\npayment is later dishonored. Payments made by mail received at a location other than the payment address shown on the Monthly Statement may be\ndelayed by up to five Processing Days.\nPayments posted to your Account may not immediately result in additional available credit. Subject to any restrictions of applicable law, we will apply\nyour payments to the balances in your Account in whatever manner we determine. Generally, payment amounts that exceed the required Minimum\nPayment Due will be allocated to balances with higher Annual Percentage Rates (\xe2\x80\x9cAPR\xe2\x80\x9d) (including new transactions) before balances with lower APRs.\n9. INTEREST: When your Account has a balance subject to interest (as described in Section 11 below), we will calculate interest by applying a daily\nperiodic rate to that balance. If you owe interest in any billing cycle, the charge will be no less than the minimum interest charge stated in the Summary\nof Terms.\n10. PERIODIC RATES: We will use one or more daily periodic rates to calculate how much interest you owe. Your periodic rates and corresponding\nAPRs will vary. The daily periodic rate is a rate equal to the APR divided by the number of days in that year. Except as otherwise provided in a\npromotional offer, the rate for Purchases (\xe2\x80\x9cPurchase Rate\xe2\x80\x9d), the rate for Cash Advances (\xe2\x80\x9cCash Advance Rate\xe2\x80\x9d), and the rate for Balance Transfers\n(\xe2\x80\x9cBalance Transfer Rate\xe2\x80\x9d) will be the rates shown in the Summary of Terms. Please see your Summary of Terms for details, including the current\nperiodic rates and corresponding APRs.\nPenalty Rate \xe2\x80\x93 The periodic rates and corresponding APRs on all balances will increase to the \xe2\x80\x9cPenalty Rate\xe2\x80\x9d (as described in your Summary of Terms)\nif: (a) your required Minimum Payment Due is not credited to your Account within five (5) days of the Payment Due Date or (b) a payment on your\nAccount is not honored by your bank or other financial institution. If the Penalty Rate is applied, it will apply to your Account until you have made the\nMinimum Payment Due by the Payment Due Date for six (6) consecutive months.\nVariable Rate \xe2\x80\x93 Except as provided in a promotional offer, the periodic rates and corresponding APRs on your account will vary with the market based\non the highest domestic bank \xe2\x80\x9cprime rate\xe2\x80\x9d as published in the \xe2\x80\x9cMoney Rates\xe2\x80\x9d section of The Wall Street Journal (the \xe2\x80\x9cPrime Rate\xe2\x80\x9d). We determine your\nAPRs for each billing cycle by adding the \xe2\x80\x9cMargins\xe2\x80\x9d described and shown in the Summary of Terms to the Prime Rate published two days prior to the\nbilling cycle closing date. If the Prime Rate increases, the daily periodic rates and corresponding APRs may increase, and as a result, the interest, the\nMinimum Payment Due, and the number of payments required to repay all amounts owed on the Account also may increase. Any new periodic rate will\napply to the existing balance of your Account to the extent permitted by applicable law.\n11. WHEN INTEREST BEGINS TO ACCRUE: Except as provided below, interest on Purchases, Cash Advances and Balance Transfers will accrue\nfrom the date of the transaction (or, at our option, from the date they are posted to your Account).\nPurchases \xe2\x80\x93You will not have to pay interest on Purchases if you pay your New Balance in full by the Payment Due Date shown on your Monthly\nStatement, which shall not be less than 22 days after the close of the billing cycle.\nCash Advances and Balance Transfers \xe2\x80\x93 Unless otherwise disclosed in a promotional offer, there is no period in which credit extended may be paid\nwithout incurring interest on Cash Advances or Balance Transfers.\n12. BALANCE SUBJECT TO INTEREST RATE: We will figure interest on your Account by applying the periodic rate applicable to the \xe2\x80\x9cdaily balance\xe2\x80\x9d of\nyour Balance Transfers, Cash Advances, and Purchases (if applicable) for each day in the billing cycle. To get the \xe2\x80\x9cdaily balance\xe2\x80\x9d, we take the beginning\nbalance of your Balance Transfers, Cash Advances, and Purchases (if applicable) each day, add any new Purchases, Cash Advances, Balance\nTransfers, and/or applicable fees, and subtract any payments and/or credits. This gives us the \xe2\x80\x9cdaily balance.\xe2\x80\x9d This Agreement provides for the\ncompounding of interest.\n13. FEES:\nAnnual Fee \xe2\x80\x94 If applicable, you agree to pay us when billed each year (subject to applicable federal law) a non-refundable Annual Fee in the amount\nstated in the Summary of Terms. Your payment of this fee will not affect any of our rights under this Agreement, including our right to terminate your\nAccount.\nTransaction Fees \xe2\x80\x94 Unless otherwise disclosed in a promotional offer, we will charge a one-time transaction fee for each Balance Transfer and Cash\nAdvance. The calculation of these fees is described in the Summary of Terms. The fee for a Balance Transfer will be added to your Balance Transfer\nbalance. The fee for a Cash Advance will be added to your Cash Advance balance.\nPenalty Fees \xe2\x80\x94 If we do not receive a payment from you in at least the amount of your Minimum Payment Due by the Payment Due Date shown on\nyour Monthly Statement, we may charge you a Late Payment Fee (as described in your Summary of Terms). If your bank does not honor the payment\nyou give us, or we must return a payment because it is unsigned or otherwise irregular, we may charge you a Returned Payment Fee (as described in\nyour Summary of Terms). The amount of the Late Payment or Return Payment Fee will be $25 for the first occurrence and $35 for any subsequent\noccurrence within six (6) billing cycles. No Penalty Fee will exceed the lesser of the amount stated in the Summary of Terms or the amount of the\n\n\x0cMinimum Payment Due when the payment was late or returned. We will charge only one Penalty Fee for any single event or transaction, even if it\ninvolves a late and returned payment in one cycle.\nAdministrative Fees \xe2\x80\x94 You may be charged administrative fees for photocopies of sales slips, duplicate copies of Monthly Statements, for the\nexpedited mailing or replacement of your Card and for any EMV or \xe2\x80\x9cchip\xe2\x80\x9d card you request. These fees will be disclosed to you at the time of the\nrequest.\n14. DEFAULT/COLLECTION COSTS: Subject to any restrictions of applicable law, your Account will be in default and we may demand immediate\npayment of the entire amount you owe us without giving you prior notice if: (a) in any month we do not receive your Minimum Payment Due by the\nPayment Due Date; (b) you otherwise fail to comply with this Agreement; (c) there is a filing for your bankruptcy; (d) you die or become incapacitated; or\n(e) we believe in good faith that the payment or performance of your obligations under this Agreement is impaired for any other reason. To the extent the\nstate where you live permits the charging of such fees and costs, you agree to pay all collection expenses actually incurred by us in the collections of\namounts you owe under this Agreement (including court costs and the fees of any collection agency to which we refer your Account) and, if we refer your\nAccount after your default to an attorney who is not our regularly salaried employee, you agree to pay the reasonable fees of such attorney. We will not\nbe obligated to honor any attempted use of your Account if default has occurred or we have determined to terminate your Account or limit your Account\nprivileges (as discussed in Section 15 below). WISCONSIN RESIDENTS: We will not charge you attorneys\xe2\x80\x99 fees, court costs, or other collection costs\nincurred as a result of your default.\n15. TERMINATION: Subject to any restrictions of applicable law, we may terminate your privileges under this Agreement or limit your right to make\nPurchases, obtain Cash Advances or initiate Balance Transfers at any time without notice or liability. If we ask, you must destroy your Cards and any\nunused Credit Devices. You agree that you will not try to make a Purchase, obtain a Cash Advance or initiate a Balance Transfer after you have been\nnotified that your privilege to use your Account has been terminated. You may terminate this Agreement at any time. If you do, you must destroy all\nCards and Credit Devices previously issued on the Account. If you call us, we may require that termination of your Account (by you or us) will not affect\nyour existing obligations under this Agreement or your liability for all amounts owed under the terms of this Agreement.\n16. NOTICES: We will send Monthly Statements and any other notices to you at the address shown in our filed. If this is a joint Account, we can send\nMonthly Statements and notices to either of you, unless otherwise required by applicable law. You promise to inform us promptly in writing of any\nchange in your address. We may, at our discretion, accept address corrections from the United States Postal Service.\n17. INTERNATIONAL TRANSACTIONS - FEE AND FOREIGN CURRENCY CONVERSION RATE: You may use your Card and your Account for\nPurchases and Cash Advances that qualify as \xe2\x80\x9cInternational Transactions\xe2\x80\x9d under this Agreement. For purposes of this Agreement, \xe2\x80\x9cInternational\nTransactions\xe2\x80\x9d include (a) Purchases and Cash Advances made in currencies other than U.S. Dollars from participating Visa merchants and (b)\nPurchases and Cash Advances made in U.S Dollars from participating Visa merchants located outside the U.S. For purposes of this Agreement,\nPurchases and Cash Advances made in U.S. Dollars from participating Visa merchants located in a U.S. territory, U.S. military base, U.S. embassy, or\nU.S. consulate are not deemed to be International Transactions.\nEach time you use your Card or Account to make an International Transaction, you agree to pay the International Transaction Fee stated in your\nSummary of Terms, whether the transaction is originally made in U.S. Dollars or converted to U.S. Dollars from a foreign currency.\nFor International Transactions converted to U.S. Dollars from a foreign currency, you agree to pay the converted amount plus the International\nTransaction Fee stated in your Summary of Terms. Conversion to U.S. Dollars may occur on a date other than the date of the transaction; therefore, the\ncurrency conversion rate may be different from the rate in effect at the time of the transaction. Visa\xc2\xae, and not us, determines the currency conversion\nrate that is used.\nTransactions made in currencies other than U.S. Dollars will be converted to U.S. Dollars under the regulations established by Visa Inc. in effect at the\ntime the transaction is processed by Visa\xc2\xae. Current Visa\xc2\xae regulations in effect provide that the currency conversion rate will be either a rate selected by\nVisa\xc2\xae from the range of rates available in wholesale currency markets, which rate may vary from the rate Visa itself receives, or the governmentmandated rate, as applicable, in each instance effective one day before the applicable Central Processing Date.\n18. SKIP/PROMOTIONAL FEATURES: From time to time, we may let you skip or reduce one or more Minimum Payments Due during a year and/or\nwe may temporarily reduce or eliminate interest on all or a portion of the outstanding balances on your Account or offer you other special terms. If we do,\nwe will advise you of the scope and duration of the applicable skip or promotional feature. We will end the skip or promotional feature and apply your\nregular rates and terms to the extent permitted by applicable law.\n19. CHANGES TO THIS AGREEMENT: Subject to applicable law, we can change the terms of, add new terms to, or delete terms from this\nAgreement at any time. We will give you notice of the change, addition or deletion as required by applicable law. As permitted by applicable law,\nany change, addition, or deletion to this Agreement will become effective at the time stated in our notice. Unless we state otherwise, the change,\naddition, or deletion will apply to all outstanding balances on your Account as well as to new transactions to the extent permitted by applicable law.\n20. CREDIT REPORTING; INACCURATE INFORMATION: You are hereby notified that a negative credit report reflecting on your credit record may be\nsubmitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. If you believe that we have information about you that is\ninaccurate or that we have reported or may report to a credit reporting agency information about you that is inaccurate, please notify us on the specific\ninformation that you believe is inaccurate by writing to us at BMW Bank of North America, P.O. Box 9210, Old Bethpage, NY 11804.\n21. TELEPHONE MONITORING AND RECORDING: In the regular course of our business we may monitor and record phone conversations made or\nreceived by us. You agree that we will have such right with respect to all phone conversations between you and us, whether initiated by you or us.\nSubject to any restrictions of applicable law, you agree that we may contact you for any reason regarding your Account, including collection of payments,\nusing (i) any contact information, including, but not limited to, an email address or cell phone number you provide at the time of application or in the\nfuture and (ii) an automated telephone dialing system and/or artificial or prerecorded voice message, even if you are charged for the call under your\nphone plan, unless you call us at 888-269-2273 to limit this consent.\n22. REFUSAL TO HONOR CARD: We are not responsible for refusals to honor your Card or Credit Devices. And, except as otherwise required by\napplicable law or regulation, we will not be responsible for merchandise or services purchased or leased through use of your Account.\n\n\x0c23. IRREGULAR PAYMENTS: We can accept late payments, partial payments, checks and money orders marked \xe2\x80\x9cPaid in Full\xe2\x80\x9d or language having the\nsame effect without losing any of our rights under this Agreement. No payment shall operate as an accord and satisfaction without our prior\nwritten approval. All written communications concerning disputed amounts, including any check or other payment instrument that indicates\nthat the payment constitutes \xe2\x80\x9cpayment in full\xe2\x80\x9d of the amount owed or that is tendered with other conditions or limitations or as full\nsatisfaction of a disputed amount, must be mailed or delivered to BMW Bank of North America, 2735 E. Parleys Way, Suite 301, Salt Lake City,\nUT 84109-1666.\n24. LIABILITY FOR UNAUTHORIZED USE OF YOUR CARD OR ACCOUNT: If you notice the loss or theft of your Card or a possible unauthorized use\nof your Card or Account, you should write to us immediately at BMW Card Services, P.O. Box 9210, Old Bethpage, NY 11804 or call us (toll free) at 888\nBMW CARD or (collect) at 410 581 9994. You will not be liable for any such unauthorized use that occurs after you notify us. You may, however, be\nliable for such unauthorized use that occurs before you notify us. In any case, your liability for such unauthorized use will not exceed $50.\n25. ASSIGNMENT: We may at any time assign your Account, any sums due on your Account, this Agreement or our rights or obligations under this\nAgreement. The person(s) to whom we make any such assignment shall be entitled to all of our rights under this Agreement, to the extent assigned. You\nmay not assign your Account or any of your rights or obligations under this Agreement.\n26. NO WAIVER; ENTIRE AGREEMENT: Our failure to exercise any of our rights under this Agreement, our delay in enforcing any of our rights, or our\nwaiver of our rights on any occasion shall not constitute a waiver of such rights on any other occasion. This Agreement, together with all documents\nincorporated herein, is the entire agreement between you and us relating to your Account. This Agreement cannot be changed except as explained in\nthis Agreement.\n27. GOVERNING LAW: THIS AGREEMENT AND YOUR ACCOUNT, AND ANY CLAIM, DISPUTE OR CONTROVERSY ARISING FROM OR\nRELATING TO THIS AGREEMENT OR YOUR ACCOUNT, WHETHER BASED ON CONTRACT, TORT, FRAUD AND OTHER INTENTIONAL TORTS,\nSTATUTE, REGULATION, CONSTITUTION, COMMON LAW AND/OR EQUITY, ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH\nTHE LAWS OF THE STATE OF UTAH (WITHOUT REGARD TO INTERNAL PRINCIPLES OF CONFLICTS OF LAW) AND APPLICABLE FEDERAL\nLAW. THE LEGALITY, ENFORCEABILITY AND INTERPRETATION OF THIS AGREEMENT AND THE AMOUNTS CONTRACTED FOR, CHARGED\nAND RECEIVED UNDER THIS AGREEMENT WILL BE GOVERNED BY SUCH LAWS. THIS AGREEMENT IS ENTERED INTO BETWEEN YOU AND\nUS IN UTAH. WE MAKE DECISIONS ABOUT GRANTING CREDIT TO YOU FROM, EXTEND CREDIT TO YOU UNDER THIS AGREEMENT FROM,\nAND ACCEPT YOUR PAYMENTS IN, UTAH.\n28. HEADINGS; CAPTIONS: Section and paragraph headings and captions used in this Agreement are for convenience and reference purposes only,\nand do not limit or affect the meaning of the provisions in this Agreement. Unless the context specifically requires otherwise, the use of the singular in\nthis Agreement includes the plural (and vice versa).\n29. INQUIRIES OR QUESTIONS: You may address any inquiries or questions which you have about your Account to BMW Bank of North America,\nP.O. Box 9210, Old Bethpage, NY 11804, or you may call us at 888 BMW CARD.\nCovered Borrowers under the Military Lending Act. Effective October 3, 2017 for New Accounts: Federal law provides important protections to\nmembers of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of\nthe Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit\ntransaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction;\nany application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other\nthan certain participation fees for a credit card account). To hear disclosures related to the Military Lending Act, please call this toll-free number: 1-877724-3317.\nMARYLAND RESIDENTS: Finance charges will be imposed on the outstanding balances from month to month in amounts or at rates not in excess of\nthose permitted by law. You have the right under Maryland Commercial Law Code Section 12-510 to receive an answer to a written inquiry concerning\nthe status of your Account.\nNEW JERSEY RESIDENTS: Because certain provisions of this Agreement are subject to applicable law, they may be void, unenforceable or\ninapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey.\nOHIO RESIDENTS: The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that\ncredit reporting agencies maintain separate credit histories on each individual upon request. The Ohio civil rights commission administers compliance\nwith this law.\nWISCONSIN RESIDENTS: No provision of a marital property agreement, a unilateral statement under Wisconsin Statutes section 766.59 or a court\ndecree under section 766.70 adversely affects the interest of the creditor unless the creditor, prior to the time the credit is granted, is furnished a copy of\nthe agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred.\n\nYOUR BILLING RIGHTS: Keep This Document For Future Use\nThis notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.\nWhat to Do If You Find a Mistake on Your Statement\nIf you think there is an error on your statement, contact us at 1-888-269-2273 or send a letter to:\nBMW Bank of North America\nP.O. Box 9210\nOld Bethpage, NY 11804\n\n\x0cIn your communication please provide the following information:\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nAccount information: Your name and account number.\nDollar amount: The dollar amount of the suspected error.\nDescription of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.\n\nYou must contact us:\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nWithin 60 days after the error appeared on your statement.\nAt least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.\n\nWhat Will Happen After We Receive Your Communication:\nWe must do two things:\n1.\n2.\n\nWithin 30 days of notification, we must tell you that we received your communication. We will also tell you if we have already corrected\nthe error.\nWithin 90 days of receiving your communication, we must either correct the error or explain to you why we believe the bill is correct.\n\nWhile we investigate whether or not there has been an error:\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nWe cannot try to collect any amount in question, or report you as delinquent on that amount.\nThe charge in question may remain on your statement, and we may continue to charge you interest on that amount.\nWhile you do not have to pay the amount in question, you are responsible for the remainder of your balance.\nWe can apply any unpaid amount against your credit limit.\n\nAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nIf we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.\nIf we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send\nyou a statement of the amount that you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount\nwe think you owe.\n\nIf you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we\ncannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you\nas delinquent, and we must let those 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 of the amount you question, even if your bill is correct.\nYour Rights If You Are Dissatisfied With Your Credit Card Purchases\nIf you are dissatisfied with the goods or services that you have purchased with your credit card and you have tried in good faith to correct the problem\nwith the merchant, you may have the right not to pay the remaining amount due on the purchase.\nTo use this right, all of the following must be true:\n1.\n\n2.\n3.\n\nThe purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must\nhave been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if\nwe own the company that sold you the goods or services.)\nYou must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses\nyour credit card account do not qualify.\nYou must not yet have fully paid for the purchase.\n\nIf all of the criteria above are met and you are still dissatisfied with the purchase, contact us at 1-888-269-2273 or send a letter to:\nBMW Bank of North America\nP.O. Box 9210\nOld Bethpage, NY 11804\nWhile we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At\nthat point, if we think you owe an amount and you do not pay, we may report you as delinquent.\n\nM-125081\n\n4/2018\n\n\x0c'


b'VISA CREDIT CARD AGREEMENT AND FEDERAL TRUTH-IN-LENDING DISCLOSURE\nSTATEMENT\n\nIn the following Visa Credit Card Agreement and Federal\nTruth-in-Lending Disclosure Statement (\xe2\x80\x9cAgreement\xe2\x80\x9d), the\nwords \xe2\x80\x9cI,\xe2\x80\x9d \xe2\x80\x9cme,\xe2\x80\x9d \xe2\x80\x9cmine,\xe2\x80\x9d \xe2\x80\x9cmy,\xe2\x80\x9d \xe2\x80\x9cus,\xe2\x80\x9d \xe2\x80\x9cthey,\xe2\x80\x9d \xe2\x80\x9ctheir,\xe2\x80\x9d and \xe2\x80\x9cour\xe2\x80\x9d\nmean each and all of those who apply for or use a Digital\nFederal Credit Union (DCU) Visa Card(s) whether Prime\nOwner, Co-Borrower, or other authorized user. The words\n\xe2\x80\x9cyou,\xe2\x80\x9d \xe2\x80\x9cyour,\xe2\x80\x9d and \xe2\x80\x9cyours\xe2\x80\x9d mean DCU. \xe2\x80\x9cCard\xe2\x80\x9d means Visa\nPlatinum, or Visa Platinum Rewards issued to me and any\nduplicates you may issue. \xe2\x80\x9cAccount\xe2\x80\x9d means my Visa Credit\nCard Account with you. \xe2\x80\x9cStatement\xe2\x80\x9d means my Visa Monthly\nStatement of activity and payment information. "Letter" means\nthe Visa Credit Card Approval Letter that is sent once a Visa is\napproved and is incorporated herein by reference. This account\nis subject to the Visa Additional Federal Disclosure Table &\nSchedule of Fees and Service Charges also incorporated herein\nby reference. I agree to its terms and conditions as well as the\nfollowing terms and conditions and any amendments thereto,\nby requesting and receiving, signing, using, or permitting others\nto use the Visa Card(s) and/or Account issued to me by DCU.\n\nPAYMENT\n\nI promise to repay you in United States dollars at your office,\nor at the address indicated on my Statement, all sums advanced\nto me or any person I permit to use this account as well as any\napplicable FINANCE CHARGE, fee, or service charge in\naccordance with the terms and at the rates set forth herein.\nPayments will be credited to my DCU balance upon receipt. I\nwill allow one business day for payments to be reflected in my\navailable balance with Visa.\n\nANNUAL PERCENTAGE RATE (APR)\n\nThe APR used to calculate the FINANCE CHARGE when applicable on DCU\'s Visa Credit Card Accounts is a variable rate.\nThe APR for my Visa Credit Card Account was stated in the\nLetter and was based in part on my personal credit history.\n\nPERIODIC FINANCE CHARGE\n\nFINANCE CHARGE begins to accrue from the date the transaction is posted to my Account. The FINANCE CHARGE is calculated (and stored) each day during the billing cycle by taking the\nbeginning day\xe2\x80\x99s balance and multiplying it by the Periodic Rate\ndivided by 365. The total FINANCE CHARGE for the Billing\nCycle is the sum of all stored FINANCE CHARGES for that\ncycle. No FINANCE Charge will be imposed on new purchases\nwhich appear for the first time during the Billing Cycle if the\nentire Previous Statement Balance (including unpaid FINANCE\nCHARGE) is paid in full by the payment Due Date and there is\nno new cash advance activity. Cash Advances will incur a daily\nFINANCE CHARGE for each day the Cash Advance balance\nremains on the account. You define Cash Advance in this disclosure under ACCESSING THE ACCOUNT.\nFINANCE CHARGE is calculated using the balance as of the\nbeginning of each day in the Billing Cycle. While transactions\nactually posted to my account on the Billing Cycle Close Date\nwill be included in the Balances and other Totals at the bottom of\neach statement, they will not have been used in the calculation of\n\nthat cycle\xe2\x80\x99s FINANCE CHARGE as the beginning balance for\nthat day would have already been determined.\n\nAverage Daily Balance: Although the FINANCE CHARGE is\ncalculated daily, the Average Daily Balance is provided on my\nstatement for reference. The Average Daily Balance is the total\nFINANCE CHARGE for the cycle divided by the number of\ndays in the cycle divided by the Periodic Rate. The Periodic\nRate is APR divided by 365. I understand there may be minor\nvariations due to rounding.\n\nMILITARY LENDING ACT DISCLOSURE\n\nFor extensions of Consumer Credit to Covered Borrowers,\nas those terms are defined within the Military Lending Act\nregulations under 12 USC 232, Federal law provides important\nprotections to members of the Armed Forces and their\ndependents relating to extensions of consumer credit. In general,\nthe cost of consumer credit to a member of the Armed Forces\nand his or her dependent may not exceed an annual percentage\nrate of 36 percent. This rate must include, as applicable to the\ncredit transaction or account: The costs associated with credit\ninsurance premiums; fees for ancillary products sold in\nconnection with the credit transaction; any application fee\ncharged (other than certain application fees for specified credit\ntransactions or accounts); and any participation fee charged\n(other than certain participation fees for a credit card account).\nTo hear this disclosure and a description of you payment\nobligation, please contact DCU toll free at 800.328.8797,\nweekdays from 8:00 am to 9:00 pm and Saturdays from\n9:00 am to 3:00 pm, Eastern time.\n\nMINIMUM PAYMENT\n\nI must pay at least the \xe2\x80\x9cRequired Payment Due\xe2\x80\x9d by the payment\n\xe2\x80\x9cDue Date\xe2\x80\x9d shown on my Statement. The \xe2\x80\x9cRequired Payment\nDue\xe2\x80\x9d includes the Minimum Payment Due, Past Due amounts,\nany outstanding fees, and any amount in excess of my Credit\nLimit, as applicable. I may pay more than the Required Payment\nDue, pay more frequently or pay the Previous Balance which\nincludes any FINANCE CHARGE due, and by doing so will\nreduce my FINANCE CHARGE. Information regarding my\nMinimum Payment Due is stated in the Disclosure Table.\n\nAPPLICATION OF PAYMENTS\n\nI understand that any Payment received is applied in the following order as applicable: (1) Miscellaneous and Late Fees, (2) all\nunpaid FINANCE CHARGE, (3) principal. Principal is reduced\nin the following order:\n\xe2\x80\xa2 Purchase balance as of last statement\n\xe2\x80\xa2 Cash advance balance as of last statement\n\xe2\x80\xa2 Purchase this cycle\n\xe2\x80\xa2 Cash advances this cycle\nPayments received that are in excess of the required minimum\nwill be applied to balances in descending rate order as applicable.\nIf all principal balances have the same rate, the payment is\napplied to those balances that are in-grace first (e.g. new\nPurchases), then to non-grace balances (e.g. Cash Advance/Other\nDebit balances).\n\nLATE CHARGE\n\nA Late Charge will be assessed on my Account if my \xe2\x80\x9cRequired\nPayment Due\xe2\x80\x9d is not received by you at the address on the front\nof my Statement by the payment \xe2\x80\x9cDue Date.\xe2\x80\x9d The \xe2\x80\x9cRequired\n\nPayment Due\xe2\x80\x9d will include the Minimum Payment Due, Past\nDue Amounts, any Fees and Late Charges, and any amount in\nexcess of my Credit Limit.\n\nOTHER FEES\n\nAdditional fees, as stated in your Schedule of Fees and Service\nCharges, may apply.\n\nCREDIT LIMIT\n\nYou established a Credit Limit for me. This was stated in my\nLetter. I agree not to let the unpaid balance exceed this Credit\nLimit. I agree to advise you of any change in my financial\ncondition which may affect my creditworthiness. I agree that I\nwill update the credit information I have provided you, from\ntime to time, on your request. I may request an increase in my\nCredit Limit with the understanding that Credit Limit increases\nmust be approved by you.\n\nPURCHASES, ADVANCES, AND LIMITATIONS\n\nI may make purchases and request advances in accordance with\nthe current loan policies up to my Credit Limit. I understand and\nagree that all purchases, advances, and other transactions\nrequested by me are subject to your authorization and/or approval\nand that, for security reasons you may limit the number of these\ntransactions authorized daily. If circumstances beyond your\nreasonable control (such as the electronic authorization system\nbeing \xe2\x80\x9cdown\xe2\x80\x9d) prevent authorization from being obtained, I\nunderstand that approval may be based on an adjusted Credit\nLimit, not to exceed my actual available Credit Limit.\n\nACCESSING THE ACCOUNT\n\nI may authorize a purchase by presenting my Card or Card\nNumber to a participating VISA plan merchant. Authorized\nCash Advances, for purpose of this disclosure and reflected on\nmy Statement as such, would be transactions by any of the following methods: presenting my Card or Card Number to you or\nanother financial institution and signing or authorizing a cash\nadvance draft; my properly completing a VISA draft; using my\nPersonal Identification Number (PIN) in conjunction with my\nCard at an Automated Teller Machine (ATM) or other type of\nelectronic terminal that provides access to the VISA system;\ntransferring or withdrawing funds directly from my DCU Visa\nAccount through Online Banking, your home banking system;\nauthorizing a Balance Transfer whether via your home banking\nsystem, in-person at a branch location, or over the phone via\nyour Call Center; or, having previously authorized your advancing of funds from this Account to clear the amount of any overdraft on my DCU Checking Account up to my available Credit\nLimit, in such increments as you may determine, and without\nany advance notice to me.\nMy Card and/or Account may not be used for any illegal\nactivity or transaction. Further, I may not utilize my Card\nand/or Account for the purchase of any goods or services on the\nInternet that involves gambling of any sort. Such transactions\ninclude, but may not be limited to, any quasi-cash or online\ngambling transaction, any electronic commerce transaction\nconducted on an open network, and any betting transaction\nincluding the purchase of lottery tickets or casino gaming chips\nor off-track betting or wagering. However, in the event that a\ncharge or transaction described in this paragraph is approved\n\nand processed, I will still be responsible for such charges.\n\nELECTRONIC FUNDS TRANSFER\n\nIn the event that the use of my Card or Account Number\nconstitutes an electronic funds transfer, the terms and conditions of the \xe2\x80\x9cElectronic Services Disclosure and Agreements\xe2\x80\x9d I\nreceived from you will govern such transactions to the extent\nthat it expands or amends this Agreement.\n\nPREPAYMENT OR IRREGULAR PAYMENTS\n\nAlthough I must pay the Total Minimum Payment Due, I understand that I have the right to make additional payments at any\ntime without penalty. I also understand I will only be charged a\nFINANCE CHARGE to the date I repay my entire loan. I may\nmake larger payments without penalty and this may reduce the\ntotal amount of FINANCE CHARGE I will repay. Any partial\npayment that (a) delays or (b) accelerates the repayment of\nmy unpaid balance will (a) increase or (b) decrease my\nFINANCE CHARGE.\n\nDEFAULT\n\nI may be considered to be in default if (a) I do not pay the Total\nMinimum Payment Due on time, (b) my share account(s) is\nseized or attached by legal process and I have authorized you to\nautomatically transfer payments from such account(s) to my\nVISA account, (c) I exceed my Credit Limit, (d) I fail to adhere to\nany of the terms of this Agreement, (e) my creditworthiness is\nimpaired, (f) I die, become insolvent or I am the subject of\nbankruptcy or receivership proceedings, (g) I am in default on any\nother loan(s) with you, or (h) I have made any misrepresentation\nin connection with the loan application and/or this Agreement. If\nI am in default, you may terminate this Agreement, terminate any\naccumulated points (if applicable), and demand immediate\npayment of my entire loan. I understand that FINANCE\nCHARGES, Late Charges and other fees (if any) permitted under\nthis Agreement will continue to accrue until I repay my entire\nloan. I also agree to pay your collection costs, reasonable\nattorney\'s fees, and court costs should they become necessary. If I\nam in default at the time of reissue of my Card(s), you will not\nreissue my Card(s).\n\nTERMINATION\n\nYou may terminate this Agreement upon adverse re-evaluation\nof my creditworthiness or my default. By giving written notice,\neither you or I may terminate this Agreement for other good\ncause. In addition, you may suspend credit privileges or reduce\nmy credit limit upon adverse re-evaluation of my creditworthiness. Written requests to remove a borrower\'s right to obtain\nadvances or make purchases under this Agreement will\npermanently close the account to any further advances or\npurchases. I must write you at: DCU, Attn: Operations,\n220 Donald Lynch Blvd., PO Box 9130,Marlborough, MA\n01752-9130. In no event will any termination relieve me of my\nobligation to repay sums already borrowed, Late Charges, Fees\nand Late Charges, collection costs, reasonable attorney\'s fees,\ncourt costs, and FINANCE CHARGE.\n\nCHANGE OF NAME, ADDRESS, EMPLOYMENT, OR CREDITWORTHINESS\n\nI agree to notify you of any change in my name, address,\nemployment, or creditworthiness.\n\nLATE PAYMENTS AND INCREASE TO APR\n\nIf I fail to pay at least the total \xe2\x80\x9cMinimum Payment Due\xe2\x80\x9d by the\npayment \xe2\x80\x9cDue Date\xe2\x80\x9d my payment will be considered late and I\nmay be considered in default. If my payment is considered 60\ndays late at any time, I understand the Annual Percentage Rate\n(APR) used in calculating the FINANCE CHARGE, will be\nchanged to that stated in the enclosed Disclosure Table. The\nadjusted rate will be effective as of the date stated in the notice\nwhich you will send me no later than 45-days prior to\nimplementing the change and will remain in effect indefinitely\nunless the first six (6) payments due after the application of the\nPenalty Rate are made on time, in which case the rate will be\nrestored to that which was in effect prior to the Penalty Rate being\napplied. If at anytime you consider my account in default, I\nunderstand you may demand full payment and return of my\nCard(s). I also agree to pay outstanding Fees, collection costs,\nreasonable attorney fees, and court costs as applicable.\n\nRESPONSIBILITY\n\nI agree to repay you according to the terms of this Agreement for\nall purchases, advances, FINANCE CHARGES, Fees and Late\nCharges, and collection costs arising from the use of the Account\nby me or any other person I permit to use my Account even if\nthat person exceeds my permission. Any person using the\nAccount is jointly and severally responsible with me.\n\nCHANGE IN TERMS\n\nThis agreement is the contract which applies to all transactions\non my Account even though the sales, cash advance, credit, or\nother slips I sign or receive may contain different terms. I\nunderstand that you may amend, modify, add to, or delete from\nthis Agreement any of the terms and conditions including the\nmethod of application and the amount of FINANCE CHARGE,\neffective as to any subsequent advance, by mailing a notice of\nthe change to me at my last known address. I also understand\nthat any such notice will be mailed at least forty-five (45) days\nprior to the effective date of the change as required by Federal\nor other law. Notice of the change in terms is required, but may\nbe sent as late as the effective date of the change where the\nchange has been agreed to in writing by me.\n\nSURRENDER OF CARD(S)\n\nThe Card(s) remains your property and I agree to surrender the\nCard to you upon request. You may cancel, modify, or restrict\nthe use of the Card and/or Account with or without notice: if\nmy Account is in default, if you are aware that I have violated\nany term of this or any other DCU Disclosure or Account\nAgreement whether or not you suffer a loss, or when necessary\nto maintain or restore the security of my Account(s) which you\nmay choose to do, for example, if my Card remains inactive in\nexcess of twelve months and there is no outstanding balance.\n\nLOST OR STOLEN CARD(S) AND\nUNAUTHORIZED USE\n\nI agree to notify you within 48 hours if I believe my Card(s) has\nbeen lost or stolen. To report a lost or stolen Card(s), or the\nunauthorized use of my Card(s), Account Number, Personal\nIdentification Number (PIN), or any combination of the three, I\nmust call you at: 503.263.6700 or 800.328.8797, or write you at:\nDCU, Attn: Operations, 220 Donald Lynch Blvd., PO Box 9130,\n\n\x0cMarlborough, MA 01752-9130. I may be liable for the unauthorized use of my Account. I will not be liable for unauthorized use that occurs after I notify you by phone or when you\nreceive my written notification at the above address. In any\ncase, my liability for unauthorized use will not exceed $50.00.\nHowever, in accordance with Visa International, Inc. Operating\nRules and Regulations, my liability for fraudulent transactions\nresulting from the use of a lost/stolen Card will be $0.\n\nTRANSACTION SLIPS\n\nMy Statement will identify the merchant, electronic terminal,\nor financial institution at which transactions were made but\nsales, cash advances, credit, or other slips cannot be returned\nwith the Statement. I will retain the slips furnished at the time\nof transaction in order to verify my Statement activity. You\nmay charge a Duplicate Copy fee for any photostatic copies of\nslips I request.\n\nCREDIT INFORMATION\n\nI authorize you to investigate my credit standing when opening,\nrenewing, or reviewing my Account and I authorize you to disclose information regarding my Account to others who inquire\nof you about my credit standing to the extent authorized by law.\n\nPLAN MERCHANT DISPUTES\n\nYou are not responsible for the refusal of any plan merchant\nor financial institution to honor my Card. You are subject to\nclaims and defenses (other than tort claims) arising out of\ngoods or services I purchase with the Card, only if I have\nmade a good faith attempt but have been unable to obtain\nsatisfaction from the plan merchant, and (a) my purchase was\nmade in response to an advertisement you sent or participated\nin sending me; or (b) my purchase cost more than $50 and\nwas made from a plan merchant in my state or within 100\nmiles of my current mailing address. I must resolve any other\ndispute directly with the plan merchant.\n\nFOREIGN TRANSACTIONS\n\nPurchase and Cash Advances I make in foreign countries and\nin foreign currencies will be billed to me in U.S. dollars. The\nexchange rate between transaction currency and the billing\ncurrency used for processing international transactions is a\nrate selected by Visa from the range of rates available in\nwholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself\nreceives; or the government-mandated rate in effect for the\napplicable central processing date.\n\nPAYMENTS MARKED \xe2\x80\x9cPAID IN FULL\xe2\x80\x9d\n\nYou may accept checks or other types of payment which are\nmarked \xe2\x80\x9cpayment in full\xe2\x80\x9d or use other language to indicate\nfull satisfaction of any indebtedness, without being bound by\nsuch language or waiving any rights under this Agreement.\nFull satisfaction of indebtedness shall be accepted by you only\nin a written agreement, signed by an authorized representative.\n\nRETURNS AND ADJUSTMENTS\n\nMerchants and others who honor my Card may give credit for\nreturns or adjustments, and they will do so by transmitting a\n\ncredit to my Account. If this credit exceeds my outstanding\nbalance, any residual will be transferred to my share account.\n\nDELAY IN ENFORCEMENT\n\nYou can delay enforcing any of your rights under this\nAgreement without losing them.\n\nGOVERNING LAW\n\nI understand and agree that this Agreement is made in\nMassachusetts and shall be governed by the Laws of the\n\nCommonwealth of Massachusetts to the extent that\nMassachusetts law is not inconsistent with controlling federal\nlaw. I also understand that Massachusetts\' choice of law rules\nshall not be applied if they would result in the application of\nnon-Massachusetts law.\n\nINTEGRATED DOCUMENT(S)\n\nAny separate sheet of paper labeled \xe2\x80\x9cAdditional Federal\nDisclosure\xe2\x80\x9d which is delivered with or separate from this\ndocument is an integrated part of this Agreement and is\nincorporated by this reference.\n\nADDITIONAL TERM APPLICABLE TO VISA\nCHECKS\n\nCheck Uses: I can use my Visa Checks (\xe2\x80\x9cChecks\xe2\x80\x9d) to\npurchase goods and services or to obtain cash up to the\namount of my Credit Limit. Use of my Checks is a cash\nadvance on my Visa Account.\n\nLimitations: You are not required to honor a Check that will\ncause me to exceed my Credit Limit. You will not pay a\nCheck if at the time the Check is presented, I am in default or\nyou have suspended, terminated, or canceled my Account.\nEach Check must be in the form you have issued to me.\nChecks may be used only by the person(s) whose name(s) is\nprinted on the Checks. I am responsible for all authorized use\nof my Checks. I may not use my Checks to pay any amount\nwhich I owe you under my Account.\n\nPeriodic Statements: My Statement will show me an itemization of the Checks posted to my Account during the billing\ncycle. Checks paid by you will not be returned to me with my\nStatement.\nReturned Check Fee: You will charge a fee per returned\nCheck which will be billed to my Account, if my Check(s)\ncannot be paid.\n\nStop Payment: Provided such request is timely, so that you\nshall have a reasonable opportunity to act upon it under your\nrules, I may order a Stop Payment on a Check drawn on my\nAccount, other than one that has been guaranteed. You may,\nbut shall not be obligated to, receive such order orally. In such\nevent, the order shall be valid for only fourteen (14) days\nthereafter unless confirmed in writing. Written stop payment\norders will remain in effect only six (6) months unless\nrenewed in writing. I have the burden of establishing the fact\nand amount of loss resulting from payment contrary to a bind-\n\ning stop payment. You will charge a fee when I place a Stop\nPayment on my check(s) which will be billed to my Account.\n\nSurrender of Visa Checks: Checks are your property. You\nreserve the right to revoke them at any time. I agree to return\nthem at your request.\n\nCOPY RECEIVED\n\nI acknowledge receipt of this copy of your \xe2\x80\x9cVisa Credit Card\nAgreement and Federal Truth-in-Lending Disclosure\nStatement\xe2\x80\x9d and accept and agree to its terms and conditions.\n\nNOTICE\n\nSee the statement below for important information regarding\nmy right to dispute billing errors.\n\nMY BILLING RIGHTS\n\n(KEEP THIS NOTICE FOR FUTURE REFERENCE)\nThis notice contains important information about my rights\nand your responsibilities under the Fair Credit Billing Act.\n\nNOTIFICATION IN CASE OF ERRORS OR\nQUESTIONS ABOUT MY STATEMENT\n\nIf I think my Statement is wrong, or if I need more information about a transaction on my Statement, I must write you on\na separate sheet at: DCU, Attn: Operations, 220 Donald Lynch\nBlvd., PO Box 9130, Marlborough, MA 01752-9130.\n\nI must write as soon as possible. You must receive notification\nfrom me no later than sixty (60) days after you send me the\nFIRST Statement on which the problem or error appeared. I\nmay telephone you but doing so WILL NOT preserve my\nrights. In my letter, I must:\n1. Tell you my name and account number;\n2. Reference the dollar amount of the suspected\nerror; and,\n3. Describe the error or the transaction and explain as\nclearly as I can why I believe it is an error or why I\nneed more information.\n\nIf I have authorized you to make my Credit Card payment\nautomatically from my Savings or Checking Account, I can\nstop the payment on any amount I think is wrong. To stop the\npayment, I must write you at: Digital Federal Credit Union,\nAttn: Account Services, 220 Donald Lynch Blvd., PO Box\n9130, Marlborough, MA 01752-9130. You must RECEIVE\nmy letter no later than three (3) business days before the automatic payment is scheduled to occur.\n\nMY RIGHTS AND YOUR RESPONSIBILITIES\nAFTER YOU RECEIVE MY WRITTEN NOTICE\nYou must acknowledge my letter within thirty (30) days, unless\nyou have corrected the error within that time. Within ninety\n(90) days, you must either correct the error or explain why you\nbelieve the Statement was correct.\nAfter you receive my letter and during your investigation, you\ncannot try to collect any amount I question or report me as\ndelinquent for my failure to pay this amount. You can continue\n\nto send me a Statement for the amount I question, including\nany FINANCE CHARGES and you can apply any unpaid\namount against my credit limit. I do not have to pay the amount\nin question while you are investigating but am still obligated to\npay the portion(s) of my Statement that are not in question.\nIf you find that you made an error, I will not have to pay any\nFINANCE CHARGE related to any questioned amount. If\nyou did not make an error, I may have to pay applicable\nFINANCE CHARGES and I will have to make up any missed\npayments on the questioned amount. In either case, you will\nsend me a Statement showing the amount I owe and the date\nthat it is due. If I then fail to pay the amount that you think I\nowe, you may report me as delinquent. However, if your\nexplanation does not satisfy me and I write to you within ten\n(10) days telling you that I refuse to pay, you must make\neveryone that you report to aware that I have questioned your\nStatement and you must tell me the name of anyone you\nreport to. Further, you must notify anyone that you report to\nupon resolution of this matter.\nIf you do not follow these rules, you cannot collect the first $50\nof the questioned amount, even if my Statement was correct.\n\nVISA\xc2\xae CREDIT CARD\nAGREEMENT AND FEDERAL\nTRUTH-IN-LENDING\nDISCLOSURE STATEMENT\nIMPORTANT DOCUMENT\nPLEASE KEEP FOR YOUR\nRECORDS\n\nSPECIAL RULES FOR CARD PURCHASES\n\nIf I have a problem with the quality of property or services\npurchased with my Credit Card, and I have tried in good faith\nto correct the problem with the merchant, I may have the right\nto not pay the remaining amount due on that property or\nservice provided (a) I made the purchase in my home state or\nwithin 100 miles of my current mailing address; and (b) the\npurchase was for more than $50.\nThese limitations do not apply if you own or operate the\nmerchant, or if you mailed the advertisement for the\nproperty or services.\n\nSEVERABILITY\n\nIf any provision of this Agreement is found to be unlawful\nor unenforceable, that provision shall be deleted from this\nAgreement and the remaining provisions shall remain in\nfull force and effect.\n\nEffective January 2019\n\nM718 D514B (1.2019)\n\n220 Donald Lynch Blvd \xe2\x80\xa2 PO Box 9130\nMarlborough, MA 01752-9130\n508.263.6700 \xe2\x80\xa2 800.328.8797\ndcu.org \xe2\x80\xa2 dcu@dcu.org\nTTY: 800.395.5146 (For Hearing Impaired Only)\n\n\x0c- Additional Federal Disclosure Table Annual Percentage Rate (APR) for Purchases,\nBalance Transfers, and Cash Advances\n\n8.50% to 18.00%\n\nwhen you open your account, based on your\nDCU Visa creditworthiness. After that, your APR will vary with the market based on\nPrime Rate*.\nDCU Rewards Visa\nwhen you open your account, based on your\ncreditworthiness. After that, your APR will vary with the market based on\nPrime Rate*.\n\n11.25% to 18.00%\n\nDCU Secured Visa\nPenalty APR (delinquency) and When It\nApplies\nHow Long Will the Penalty APR Apply?\n\nHow to Avoid Paying Interest on Purchases\nFees\nMinimum Interest Charge\nFor\nCredit\nAnnual\nFeeCard Tips from the Consumer\nFinancial Protection Bureau\nFees\nAnnual Fee\nMinimum Finance Charge:\n\xe2\x80\xa2 Balance Transfer\n\xe2\x80\xa2 Cash Advance\n\xe2\x80\xa2 Foreign Currency Transaction\nPenalty Fees:\n\xe2\x80\xa2 Late Payment\n\xe2\x80\xa2 Overlimit\n\n11.50% after that, your APR will vary with the market based on Prime Rate*.\n18.00%\nThis APR may be applied to your account if you make a late payment.\nIf your APR is increased for this reason, the Penalty APR will apply until you\nhave made six consecutive payments (minimum or higher) when due, beginning with the first payment due following the effective date of the change.\nYour due date is approximately 25 days after the close of each billing cycle.\nWe will not charge you interest on purchases if you pay your entire balance by\nthe due date each month.\nNone\nTo learn more about factors to consider when applying for or using a credit card, visit the website\nNone\nof the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore\n\nNone\nNone\nNone\nNone\nUp to $35.00 per occurrence\nNone\n\nHow We Will Calculate Your Balance: We use a method called "average daily balance (including new purchases)".\n* The Prime Rate used to determine your APR is the Prime Rate as published in the Wall Street Journal at the end of the month immediately\n\npreceding the start of each billing cycle.\nThe above information is current as of March 30th, 2020, and is subject to change after that date. Please contact us at any branch, by emailing us\nat dcu@dcu.org or by calling 800.328.8797 if you wish to ascertain what changes, if any, have been made to the Credit Union\'s Visa credit card program\nsince that date. (See also DCU\xe2\x80\x99s Visa Credit Card Agreement and Federal Truth in Lending Disclosure Statement).\nM718a X467A (3.2020)\n\n\x0c'