b'Annual Percentage Rate\n(APR) for Purchases\n\n36.0%\n\nAPR for Cash Advances 36.0%\nPaying Interest\n\nMinimum Interest\nCharge\nTo learn more about factors to consider when applying for or using a credit card, visit the\nwebsite of the Consumer Financial Protection Bureau at\nhttp://www.consumerfinance.gov/learnmore\n\nO\n\nFor Credit Card Tips\nfrom the Consumer\nFinancial Protection\nBureau\n\nN\n\nSet-up and\nMaintenance\nFees\n\n$79.00\n\nLI\n\n$96.00\n\n$144.00\n\nTransaction Fees\n\n$8.00\n\nPenalty Fees\n\n$39.00\n$39.00\n\nBilling Rights:\n\nPY\n\nO\n\nC\n\nHow We Will Calculate Your Balance:\n\nE\n\nN\n\n3%\n\n5%\n\n\x0cFEES AND INTEREST CHARGES:\nFEES AND INTEREST CHARGES:\nINTEREST CHARGES\nPeriodic INTEREST CHARGES: INTEREST CHARGES\nINTEREST CHARGES\nINTEREST CHARGES\nINTEREST CHARGES\nHow we calculate INTEREST CHARGES:\nINTEREST CHARGE\nCHARGE\n\nAverage Daily Balance\n\nHow we calculate Average Daily Balance and Daily Periodic Rate:\n\nAverage Daily Balance\nINTEREST CHARGE\nAverage Daily Balance\n\nINTEREST CHARGE\nINTEREST\nDaily Periodic Rate\n\nAverage Daily Balance\nDaily Balances\nAverage Daily Balance\nDaily Balance\n\nO\n\nDaily Periodic Rate\nANNUAL PERCENTAGE RATE\nassessed to your Credit Account.\nMinimum INTEREST CHARGE:\nINTEREST CHARGE\n\nMonthly Fee:\n\nINTEREST CHARGE\n\nN\n\nAnnual Fee:\n\nThe APR applicable to Purchases will be applied to fees\n\nINTEREST CHARGE\n\nLI\n\nCash Advance Fee:\n\nForeign Currency Transaction Fee:\nLate Payment Fee:\n\nN\n\nReturn Item Charge:\n\nOTHER CHARGES AND IMPORTANT INFORMATION:\n\nCredit Limit Increase Fee:\n\nO\n\nC\n\nCopying Fee:\nCredit Insurance:\nExpress Delivery Fee:\nWire Transfer Fee:\nTotal Minimum Amount Due:\n\nE\n\nAdditional Card Fee:\n\nSee the Credit Card Contract for further information regarding this\nCredit Account. Retain these important documents.\n\nPY\n\n\x0c(3) You must not yet have fully paid for the Purchase.\nIf all of the criteria above are met and you are still dissatisfied with the Purchase,\ncontact us in writing (or electronically) at:\nFirst PREMIER Bank\nP.O. Box 5524\nSioux Falls, SD 57117-5524\nwww.mypremiercreditcard.com\nWhile we investigate, the same rules apply to the disputed amount as discussed\nabove. After we finish our investigation, we will tell you our decision. At that point, if\nwe think you owe an amount and you do not pay, we may report you as delinquent.\nYour Liability for Unauthorized Use of Your Credit Account: You will not be\nliable for unauthorized use of your Card or Credit Account. However, to protect\nyour rights, you are required to notify us orally or in writing as soon as you are\naware that your Card or Credit Account has been lost, stolen or used without\nyour consent. Certain exceptions apply. To notify us of the loss, theft or possible\nunauthorized use of your Card, call us at 1-800-987-5521, 24 hours a day.\n\nA JUDGE OR JURY AND/OR TO PARTICIPATE IN OR BE REPRESENTED IN\nA CASE FILED IN COURT BY OTHERS (INCLUDING, BUT NOT LIMITED TO,\nCLASS ACTIONS). EXCEPT AS OTHERWISE PROVIDED, ENTERING INTO\nTHIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO LITIGATE\nCLAIMS IN COURT BEFORE A JUDGE OR JURY.\nRIGHT TO OPT OUT: To opt out of this Arbitration Provision, you must mail a\nwritten notice to us so that it is postmarked no later than 45 days after we mail\nyour first Card to you. Your first Card is the one we mail to you at approximately the\ntime your first Account application is approved. Your right to opt out will not apply\nwhen we send you a copy of your Credit Card Contract or this Provision, or when\nwe send you an updated version of your Credit Card Contract or this Provision, or\nwhen we send any replacement Card. If you opt out of this Arbitration Provision,\nyou will retain your right to litigate your dispute in a court, either before a judge or\njury. The opt out notice must include your name, address, and Account number,\nmust be signed by you (or all of you if there is more than one Account holder)\nand must be mailed to us at: PO Box 5524, Sioux Falls, SD 57117-5524. If your\nwritten notice is not postmarked within 45 days from the date we mail your first\nCard to you, your right to opt out will terminate, and you agree that the terms of this\nProvision will apply. Your decision to opt out of this Provision will not affect your\nother rights or responsibilities under this Credit Card Contract.\nIf we later amend this Provision, we will let you know if you can opt out of that\namendment and, if so, how you can do so.\nParties and Matters Subject to Arbitration: For purposes of this Provision,\n\xe2\x80\x9cwe\xe2\x80\x9d and \xe2\x80\x9cus\xe2\x80\x9d include our employees, parent companies, subsidiaries, affiliates,\nbeneficiaries, agents and assigns and other persons and entities you assert a\nClaim against in connection with a Claim you assert against us. For purposes of\nthis Provision, \xe2\x80\x9cClaim\xe2\x80\x9d means any claim, dispute or controversy by either you or\nus, arising out of or relating in any way to this Credit Card Contract, your Credit\nAccount, any transaction on your Credit Account and our relationship. \xe2\x80\x9cClaim\xe2\x80\x9d also\nrefers to any interaction or communication between you and us that occurred prior\nto or concurrent with entering into this Credit Card Contract, including those now in\nexistence, regardless of present knowledge. \xe2\x80\x9cClaim\xe2\x80\x9d shall refer to claims of every\nkind and nature, including, but not limited to, initial claims, counterclaims, crossclaims and third-party claims. All Claims are subject to arbitration, regardless\nof legal theory and remedy sought, including, but not limited to, claims based\nin contract, tort (including negligence, intentional tort, fraud and fraud in the\ninducement), agency, statutory law (federal and state), administrative regulations\nor any other source of law (including equity). Notwithstanding the foregoing,\nthe word \xe2\x80\x9cClaim\xe2\x80\x9d does not include any dispute or controversy about the validity,\nenforceability, coverage or scope of this Arbitration Provision or any part thereof;\nall such disputes or controversies are for a court and not an arbitrator to decide.\nHowever, any dispute or controversy that concerns the validity or enforceability\nof the Credit Card Contract as a whole is for the arbitrator, not a court, to decide.\nAgreement to Arbitrate: Any Claim shall be resolved and settled exclusively\nand finally by binding arbitration, in accordance with this Provision. Binding\narbitration shall not be required, however, for collection actions we bring in court\nif you default on your Credit Account as set forth in the Credit Card Contract.\nFurthermore, both you and we retain the right to pursue in a small claims court\n(or your state\xe2\x80\x99s equivalent court) any Claim that is within that court\xe2\x80\x99s jurisdiction,\nso long as the matter remains in such court and advances only on an individual\n(non-class, non-representative) basis. For any Claims covered by this Provision, a\nparty who asserted a Claim in a lawsuit in court may elect arbitration with respect\nto any Claim subsequently asserted in that or any related or unrelated lawsuit by\nany other party.\nClass Action Waiver: If a Claim is arbitrated, neither you nor we will have the\nright: (a) to participate in a class action, private attorney general action or other\nrepresentative action in court or in arbitration, either as a class representative or\nclass member; or (b) to join or consolidate Claims with Claims of any other persons.\nAn award in arbitration shall determine the rights and obligations of the named\nparties only, and only with respect to the Claim(s) in arbitration, and shall not (i)\ndetermine the rights, obligations, or interests of anyone other than a named party,\nor resolve any Claim of anyone other than a named party; nor (ii) make an award\nfor the benefit of, or against, anyone other than a named party. No arbitration\nadministrator or arbitrator shall have the power or authority to waive, modify, or fail\n\nto enforce this section, and any attempt to do so, whether by rule, policy, arbitration\ndecision or otherwise, shall be invalid and unenforceable. Any challenge to the\nvalidity of this Class Action Waiver shall be determined exclusively by a court and\nnot by the administrator or any arbitrator. Thus, you agree that UNDER THIS\nARBITRATION PROVISION THERE IS NO RIGHT OR AUTHORITY FOR ANY\nCLAIMS TO BE LITIGATED IN COURT OR ARBITRATED ON A CLASS BASIS.\nArbitration will only be conducted on an individual Claim basis and there is no\nright or authority to consolidate or join any of your Claims with any other Claims.\nYOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING\nANY RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF\nANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO\nARBITRATION UNDER THIS PROVISION.\nVoluntary Waiver of the Right to a Jury Trial: As a result of this Provision,\nneither you nor we have the right to litigate any Claim in court or the right to a\njury trial on any Claim, except as provided above. YOU AGREE THAT YOU ARE\nVOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT YOU MAY HAVE TO\nGO TO COURT OR TO HAVE A JURY TRIAL.\nGoverning Law: This agreement to arbitrate is made pursuant to a transaction\ninvolving interstate commerce and shall be governed by the Federal Arbitration\nAct, 9 U.S.C. \xc2\xa7\xc2\xa7 1-16, as it may be amended. If for any reason the Federal\nArbitration Act does not apply, the substantive law of the State of South Dakota\nshall govern this Provision.\nArbitration Location and Procedure: Any arbitration hearing at which you wish\nto appear will take place at a location within the federal judicial district that includes\nyour billing address at the time the Claim is filed. The party bringing the Claim\nmay file its Claim at the American Arbitration Association (\xe2\x80\x9cAAA\xe2\x80\x9d), or an arbitration\norganization mutually agreed upon by the parties. The arbitration organization that\nis selected will administer the arbitration pursuant to its procedures in effect at\nthe time of filing, subject to this Provision. If you do not agree to file your claim\nwith AAA, and the parties cannot agree on an alternative arbitration organization,\nan arbitrator will be appointed by a court pursuant to the Federal Arbitration Act.\nIn the event of a conflict or inconsistency between the respective organization\xe2\x80\x99s\nrules and this Provision or the Credit Card Contract, this Provision shall govern.\nThe arbitration will be conducted before a single arbitrator, whose authority is\nlimited solely to individual Claims between you and us. The arbitration will not\nbe consolidated with any other arbitration proceeding. Any decision rendered in\nsuch arbitration proceeding will be final and binding on the parties, except for\nany appeal rights under the FAA, and judgment may be entered in a court of\ncompetent jurisdiction. The rules and forms of AAA may be obtained as follows:\nAmerican Arbitration Association, 120 Broadway, Floor 21, New York, N.Y. 10271,\nwebsite at www.adr.org.\nArbitrator\xe2\x80\x99s Authority: The arbitrator shall apply the applicable substantive law,\nconsistent with the Federal Arbitration Act; shall apply statutes of limitation; and\nshall honor claims of privilege recognized at law. In conducting the arbitration\nproceeding, the arbitrator shall not apply any federal or state rules of civil procedure\nor evidence. THE RULES AND PROCEDURES OF THE AAA OR OTHER\nARBITRATION ORGANIZATION WILL GOVERN THE RIGHT TO ENGAGE IN\nPRE-ARBITRATION DISCOVERY. Either party may, however, request to expand\nthe scope of discovery. If a request is made, within 15 days of the requesting\nparty\xe2\x80\x99s notice, the objecting party may submit objections to the arbitrator with\na copy of the objections provided to the party requesting expansion. The grant\nor denial of a party\xe2\x80\x99s request will be in the sole discretion of the arbitrator, who\nshall notify the parties of the final decision within 20 days of the objecting party\xe2\x80\x99s\nsubmission.\nThe Arbitrator\xe2\x80\x99s Award: The arbitrator may award any damages or other relief\nor remedies that would apply under applicable law to an individual action brought\nin court, including, without limitation, punitive damages (which shall be governed\nby the Constitutional standards employed by the courts), attorneys\xe2\x80\x99 fees and costs\nand injunctive, equitable and declaratory relief (but only in favor of the individual\nparty seeking relief and only to the extent necessary to provide relief warranted\nby that party\xe2\x80\x99s individual claim). At the timely request of either party, the arbitrator\nshall write a brief explanation of the grounds for the decision. Judgment upon the\naward rendered by the arbitrator may be entered in any court having jurisdiction\nthereof. No arbitration award between you and us will have any impact on any\n\nE\n\nN\n\ndispute involving anyone who is not a party to the arbitration, nor will an arbitration\naward between us and any other person have any impact to an arbitration\nbetween you and us.\nExpenses: Regardless of who demands arbitration, we will pay all expenses\nof arbitration, including the filing, administrative, hearing and arbitrator\xe2\x80\x99s fees\n(\xe2\x80\x9cArbitration Fees\xe2\x80\x9d), to the extent that the Arbitration Fees exceed the amounts\nyou would be required to pay for filing a lawsuit in state or federal court, whichever\nis less. If you have already paid a court filing fee, you will not be required to pay\nit again. Throughout the arbitration, each party shall bear his or her own attorney\nfees and expenses, such as witness and expert witness fees. If you prevail in the\narbitration of any Claim against us, we will reimburse you for any fees you paid\nto the arbitration organization in connection with the arbitration. The arbitrator will\nhave the authority to award fees and costs of attorneys, witnesses and experts\nto the extent permitted by this Credit Card Contract, the administrator\xe2\x80\x99s rules or\napplicable law. With respect to Claim(s) asserted by you in an individual arbitration,\nwe will pay your reasonable attorney, witness and expert fees and costs if and to\nthe extent you prevail, if applicable law requires us to or if we must bear such fees\nand costs in order for this Arbitration Provision to be enforced.\nBinding Effect and Survival: You and we agree that, except as specifically\nprovided for above, the arbitrator\xe2\x80\x99s decision will be final and binding on all parties\nsubject to this Provision. This Provision is binding upon you, us, and the heirs,\nsuccessors, assigns and related third parties of you and us. This Provision shall\nsurvive termination of your account, whether it be through voluntary payment of\nthe debt in full by you, a legal proceeding initiated by us to collect a debt that you\nowe, a bankruptcy by you or a sale of your Credit Account by us.\nSeverability: If any part of this Provision is deemed or found to be unenforceable\nfor any reason, the remainder shall be enforceable, except as follows:\nA. The parties to this Provision acknowledge that the provision titled\n\xe2\x80\x9cClass Action Waiver\xe2\x80\x9d is material and essential to the arbitration of any disputes\nbetween the parties and is non-severable from this Provision. If the Class Action\nWaiver is limited, voided or found unenforceable, then this Provision (except for\nthis sentence) shall be null and void with respect to such proceeding, subject to\nthe right to appeal the limitation or invalidation of the Class Action Waiver. The\nparties acknowledge and agree that under no circumstances will a class action be\narbitrated.\nB. If a Claim is brought seeking public injunctive relief and a court\ndetermines that the restrictions in the Class Action Waiver and/or elsewhere in this\nProvision prohibiting the arbitrator from awarding relief on behalf of third parties\nare unenforceable with respect to such Claim (and that determination becomes\nfinal after all appeals have been exhausted), the Claim for public injunctive relief\nwill be determined in court and any individual Claims seeking monetary relief will\nbe arbitrated. In such a case the parties will request that the court stay the Claim\nfor public injunctive relief until the arbitration award pertaining to individual relief\nhas been entered in court. In no event will a Claim for public injunctive relief be\narbitrated.\n\nPY\n\nO\n\nC\n\nARBITRATION AND LITIGATION\nThis Arbitration Provision (\xe2\x80\x9cProvision\xe2\x80\x9d or \xe2\x80\x9cArbitration Provision\xe2\x80\x9d) facilitates the\nprompt and efficient resolution of any disputes that may arise between you and\nus. Arbitration is a form of private dispute-resolution in which persons with a\ndispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and\ninstead submit their disputes to a neutral third person (an arbitrator) for a binding\ndecision. You have the right to opt out of this Arbitration Provision if you follow the\ninstructions set out in the paragraph titled \xe2\x80\x9cRight to Opt Out\xe2\x80\x9d below.\nPLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT\nALL DISPUTES ARISING OUT OF OR RELATED TO THIS CREDIT\nCARD CONTRACT SHALL BE RESOLVED BY BINDING ARBITRATION.\nARBITRATION REPLACES THE RIGHT TO GO TO COURT. IN THE ABSENCE\nOF THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE\nHAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE\n\nLI\n\nSTATE DISCLOSURES\nCalifornia Residents: A married applicant may apply for a separate Credit\nAccount. As required by law, you are hereby notified that a negative credit\nreporting reflecting on your credit record may be submitted to a Consumer\nReporting Agency if you fail to fulfill the terms of your credit obligations. After credit\napproval, each applicant shall have the right to use the Credit Account up to the\nlimit of the Credit Account. Each applicant may be liable for amounts extended\nunder the plan to any joint applicant.\nDelaware Residents: Service charges not in excess of those permitted by law will\nbe charged on the outstanding balances from month to month.\nKentucky Residents: You may pay the unpaid balance of your Credit Account in\nwhole or in part at any time.\nMaryland Residents: Finance charges will be imposed in amounts or at rates not\nin excess of those permitted by law.\nMaine Residents: Credit insurance provided herein is voluntary and you have the\nright to cancel such credit insurance at any time.\nVermont Residents: First PREMIER Bank may obtain a consumer report for any\nlegitimate purpose in connection with your Credit Account or your application,\nincluding but not limited to reviewing, modifying, renewing and collecting on\nyour Credit Account. Upon your request, we (First PREMIER Bank) will inform\nyou of the names and addresses of any Consumer Reporting Agencies that have\nfurnished the reports.\nOhio Residents: The Ohio laws against discrimination require that all creditors\nmake credit equally available to all credit worthy customers, and that Consumer\nReporting Agencies maintain separate credit histories on each individual upon\nrequest. The Ohio Civil Rights Commission administers compliance with this law.\nMarried Wisconsin Residents: No provision of any marital property agreement,\nunilateral statement, or court order applying to marital property will adversely\naffect a creditor\xe2\x80\x99s interests unless prior to the time credit is granted, the creditor\nis furnished with a copy of the agreement, statement, or court order, or has actual\nknowledge of that provision.\nWashington Residents: A service charge will be computed on the outstanding\nbalance for each month. You may at any time pay your total unpaid balance.\n\nN\n\nO\n\nYOUR BILLING RIGHTS\nKEEP THIS DOCUMENT FOR FUTURE USE\nThis notice tells you about your rights and our responsibilities under the\nFair Credit Billing Act.\nWhat To Do If You Find A Mistake On Your Statement: If you think there is an\nerror on your statement, write to us at:\nFirst PREMIER Bank\nP.O. Box 5524\nSioux Falls, SD 57117-5524\n(You may also contact us on the Web: www.mypremiercreditcard.com.)\nIn your letter, give us the following information:\n\xe2\x80\xa2 Account information: Your name and Credit Account Number.\n\xe2\x80\xa2 Dollar amount: The dollar amount of the suspected error.\n\xe2\x80\xa2 Description of problem: If you think there is an error on your bill, describe what\nyou believe is wrong and why you believe it is a mistake.\nYou must contact us:\n\xe2\x80\xa2 Within 60 days after the error appeared on your Statement.\n\xe2\x80\xa2 At least three business days before an automated payment is scheduled, if you\nwant to stop payment on the amount you think is wrong.\nYou must notify us of any potential errors in writing (or electronically). You may call\nus, but if you do we are not required to investigate any potential errors and you\nmay have to pay the amount in question.\nWhat Will Happen After We Receive Your Letter: When we receive your letter,\nwe must do two things:\n(1) Within 30 days of receiving your letter, we must tell you that we received your\nletter. We will also tell you if we have already corrected the error.\n(2) Within 90 days of receiving your letter, we must either correct the error or\nexplain to you why we believe the bill is correct.\nWhile we investigate whether or not there has been an error:\n\xe2\x80\xa2 We cannot try to collect the amount in question, or report you as delinquent on\nthat amount.\n\xe2\x80\xa2 The charge in question may remain on your Statement, and we may continue to\ncharge you interest on that amount.\n\xe2\x80\xa2 While you do not have to pay the amount in question, you are responsible for the\nremainder of your balance.\n\xe2\x80\xa2 We can apply any unpaid amount against your credit limit.\nAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2 If we made a mistake: You will not have to pay the amount in question or any\ninterest or other fees related to that amount.\n\xe2\x80\xa2 If we do not believe there was a mistake: You will have to pay the amount in\nquestion, along with applicable interest and fees. We will send you a statement\nof the amount you owe and the date payment is due. We may then report you as\ndelinquent if you do not pay the amount we think you owe.\nIf you receive our explanation but still believe your bill is wrong, you must write\nto us within 10 days telling us that you still refuse to pay. If you do so, we cannot\nreport you as delinquent without also reporting that you are questioning your bill.\nWe must tell you the name of anyone to whom we reported you as delinquent, and\nwe must let those organizations know when the matter has been settled between\nus.\nIf we do not follow all of the rules above, you do not have to pay the first $50.00 of\nthe amount you question even if your bill is correct.\nYour Rights If You Are Dissatisfied With Your Credit Card Purchases: If you\nare dissatisfied with the goods or services that you have purchased with your credit\nCard, and you have tried in good faith to correct the problem with the merchant,\nyou 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:\n(1) The Purchase must have been made in your home state or within 100 miles\nof your current mailing address, and the Purchase price must have been more\nthan $50.00. (Note: Neither of these are necessary if your Purchase was based\non an advertisement we mailed to you, or if we own the company that sold you\nthe goods or services.)\n(2) You must have used your credit Card for the Purchase. Purchases made with\nCash Advances from an ATM or with a check that accesses your Credit Account\ndo not qualify.\n\nM-131925\n\nUNS\n\n08/20\n\nFirst PREMIER Bank\nCREDIT CARD CONTRACT AND\nACCOUNT OPENING DISCLOSURES (cont\xe2\x80\x99d)\nThis Contract explains the terms and conditions of your Credit Account with us,\nincluding important provisions relating to arbitration and litigation. For additional\nimportant information on fees and INTEREST CHARGES and other contract\nprovisions that apply to your Credit Account, please review the Account\nOpening Disclosures printed on the card carrier containing your Card. Be\nsure to retain all Contract documents for future reference.\nYOUR CONTRACT WITH US\nYour Mastercard\xc2\xae or Visa\xc2\xae brand Credit Account is governed by the terms and\nconditions in this Contract and the Account Opening Disclosures printed on the\ncard carrier containing your Card (\xe2\x80\x9cContract\xe2\x80\x9d).\nApplicable Law: No matter where you live, our Contract with you and the terms\nof your Credit Account will be governed by the laws of the State of South Dakota\nand applicable federal law.\nEffective Date: Unless you are a resident of the State of New York, this Contract\nis effective upon the earlier of (1) the first Purchase made or Cash Advance taken\non your Credit Account, and (2) the expiration of 30 days from the date we issue\nthe Card to you if you do not provide us written notice of your desire to cancel\nwithin this 30 days. If you are a resident of the State of New York, this Contract is\nnot effective until the earlier of (1) the first Purchase made or Cash Advance taken\non your Credit Account, and (2) the date you move from the State of New York,\nunless the date you move from the State of New York is less than 30 days from\nthe date we issue a Card to you, in which case this Contract will be effective on\nthe date that is 30 days from the date we issue a Card to you (and not the date\nyou move from the State of New York) if you do not provide us written notice of\nyour desire to cancel within this 30 days. In all cases, if any fees are required to\nbe paid prior to opening your Credit Account, this Contract will not be effective and\nyour Credit Account will not be opened until such fees are paid in full. You are not\nobligated to pay any fees or INTEREST CHARGES (other than any fees required\nto be paid prior to opening your Credit Account) until this Contract is effective.\nDEFINITIONS USED IN THIS CONTRACT\nIn this Contract, \xe2\x80\x9cwe\xe2\x80\x9d, \xe2\x80\x9cus\xe2\x80\x9d and \xe2\x80\x9cour\xe2\x80\x9d each refer to First PREMIER Bank (the\n\xe2\x80\x9cBank\xe2\x80\x9d).\n\xe2\x80\x9cAuthorized User\xe2\x80\x9d means any person authorized by you to use the Card or\nCredit Account.\n\xe2\x80\x9cBilling Cycle\xe2\x80\x9d begins on the day after the Statement Closing Date of the previous\nStatement and includes the Statement Closing Date of the current Statement.\n\xe2\x80\x9cCard\xe2\x80\x9d means all the plastic credit cards we issue to you or any other person who\nis authorized to use the Credit Account. In the event we issue other devices by\nwhich you can access your Credit Account, those devices will also be \xe2\x80\x9cCards\xe2\x80\x9d for\npurposes of this Contract.\n\xe2\x80\x9cClosing Date\xe2\x80\x9d means the last day of any Billing Cycle.\n\xe2\x80\x9cCredit Account\xe2\x80\x9d means the credit card account that we open for you and the\nrelationship that is established between you and us by this Contract. This Credit\nAccount is used to record transaction activity made by you when you access or\notherwise utilize the line of credit we extend to you when you use your Card.\n\xe2\x80\x9cNew Balance\xe2\x80\x9d means the outstanding balance of your Credit Account at the\nend of any Billing Cycle. The New Balance is the sum of the Previous Balance\n(defined as the New Balance shown on your last Statement) less payments and\ncredits, plus new Cash Advances and Purchases and our charges posted during\nthe Billing Cycle.\n\xe2\x80\x9cPayment Due Date\xe2\x80\x9d means the date we must receive your payment, which is not\nless than 27 days from the Closing Date.\n\n\x0cN\n\nABOUT YOUR PAYMENTS\nAmount of Payment, Avoiding Late Fees, and Payment Instructions: You\nmust make a payment by the Payment Due Date in each billing cycle that has a\nNew Balance. The amounts you owe are shown in the \xe2\x80\x9cPayment Information\xe2\x80\x9d box\non the first page of your Statement. To avoid a Late Payment Fee, we must receive\na payment at least equal to the Minimum Payment plus the Past Due Amount\nshown on your Statement by 5 pm Central Time (referred to as the payment cutoff\ntime) on your Payment Due Date. You can make a payment by mail, by phone,\nby bill payment service, or online. Instructions on making a payment and when\nthe payment will be credited to your account are included on your Statement.\nGenerally, credits from merchants are not treated as payments and will not reduce\nthe amount you must pay each Billing Cycle. The Payment Due Date will be at\nleast 27 days from the Statement Closing Date. Your Payment Due Date will be\nthe same date each month. You can pay all or any portion of your balance owed\non your Account at any time.\nApplying Your Payments: We may apply your payment to whichever balances\nwe choose to the extent it does not exceed the Total Minimum Amount Due\nshown on your Statement. The amount of your payment in excess of the Total\nMinimum Amount Due will be applied to balances subject to the highest APR\nprior to balances subject to lower APRs. We may apply your payment to principal\namounts, INTEREST CHARGES, fees and other charges in any order we choose,\nand we may change the order of application of payments from time to time at our\ndiscretion.\nAvailability of Credit: Available credit created as a result of payments posted\nto your Credit Account may not be available for up to 20 days, or even longer\nif circumstances warrant an additional hold, or if we deem ourselves at risk for\nany reason. Your available credit may be limited, from time to time, if you provide\nyour Credit Account number or Card to a merchant that processes advance\nauthorizations, such as hotels, motels and car rental. Such an authorization may\nlimit your ability to make Purchases and take Cash Advances on your Credit\nAccount until the authorization is canceled by the merchant and your available\ncredit is released.\nElectronic Check Presentment: When you send us a personal check, you\nauthorize us to either use information from your check to make a one-time\n\nelectronic transfer from your account, or to process the payment as a check\ntransaction. If your check is processed electronically, your canceled check will\nnot be returned to you by your financial institution. We will retain an image of\nyour electronically processed check(s) as required by law. If requested prior to\nthe time we are allowed by law to destroy electronically processed checks, we\nwill provide you with a copy of your electronically processed check(s) upon your\nrequest. Funds may be withdrawn from your bank account as soon as the day your\npayment is received. We agree to accept your checking account statement as\nproof of payment. The description on your checking account statement will read:\nPREMIER CR CARD CHECK-PAYMT, serial number of the check, amount of the\npayment and date of the transaction. If you choose to opt out of electronic check\npresentment, please call our Customer Service Department at 1-800-987-5521.\nLate Payments: We may accept late payments, partial payments or checks or\nother payment instruments marked to impose terms or conditions of acceptance\nsuch as \xe2\x80\x9cpaid in full\xe2\x80\x9d without waiving any of our rights under this Contract, and no\nattempt by you to impose any term or condition of acceptance will be effective\nagainst us. Satisfaction of a debt for less than the full amount due or imposition\nof any other term or condition on us requires a written agreement, signed by an\nauthorized Bank representative.\nDEFAULT PROVISIONS\nEvents of Default: You will be in default of this Contract if any of the following\noccur on this or any Related Credit Account:\n\xe2\x80\xa2 You do not pay at least the Total Minimum Amount Due on your Credit\nAccount on or before the Payment Due Date.\n\xe2\x80\xa2 You die or become legally incompetent.\n\xe2\x80\xa2 You become insolvent or bankrupt.\n\xe2\x80\xa2 You exceed or attempt to exceed your Credit Limit.\n\xe2\x80\xa2 You provide us with or have provided us with false or misleading information\nor signatures at any time.\n\xe2\x80\xa2 You fail to comply with this Contract.\n\xe2\x80\xa2 You fail to make any payment or perform any promise in any agreement or\nobligation you have with us.\n\xe2\x80\xa2 Any judgment, lien, attachment or execution is issued against you or your\nproperty.\n\xe2\x80\xa2 You request an excessive number of replacement Cards.\n\xe2\x80\xa2 We reasonably believe that you will not pay amounts owed to us for any\nreason.\nIf You Are In Default: Upon your default of this Contract, we will have all remedies\nprovided by law including, without limitation, and without prior notice or demand,\nthe right to:\n\xe2\x80\xa2 Deny use of your Credit Account.\n\xe2\x80\xa2 Close or refuse to renew your Credit Account.\n\xe2\x80\xa2 Demand the return of your Card(s).\n\xe2\x80\xa2 Declare your entire balance immediately due and payable.\n\xe2\x80\xa2 Initiate collection activity.\n\xe2\x80\xa2 Not replace your Card(s).\nCollection Costs: To the extent permitted by law, you must pay all court and\ncollection costs, including reasonable attorneys\xe2\x80\x99 fees, the costs of placing your\nCredit Account in the Warning Bulletin and the costs of confiscating your Card,\nthat we incur as a result of your default.\n\nE\n\nO\n\nC\n\nCLOSING YOUR CREDIT ACCOUNT\nWe May Suspend or Close Your Credit Account: We may suspend your Credit\nAccount privileges or permanently cancel and close your Credit Account at any\ntime, for any reason.\nYou May Close Your Credit Account: You may cancel your Credit Account at\nany time by notifying us by telephone or in writing. Even after your Credit Account\nis closed, you remain responsible for paying any amounts you owe on the Credit\nAccount according to the terms of this Contract. If this is a joint Credit Account,\neither of you may request that the Credit Account be closed and we will honor\nthat request. If your account is billed a Monthly Fee, refer to the Account Opening\nDisclosures included on the credit card carrier for information about the billing\nof the fee when the account is closed. If your account is billed an Annual Fee or\n\nMonthly Fee, refer to the back of your monthly Statement for information on how\nto avoid the fees.\nNon Use Inactivity Closure: If you have never made a payment or used your\nCredit Account for a Purchase or Cash Advance, your Credit Account will be\nautomatically closed, and all fees posted to your Credit Account will be reversed,\nwhen your Credit Account becomes 50 days delinquent (75 days from the initial\nStatement Closing Date if you are a resident of the State of New York).\nREFUND DISCLOSURE\nInitial Fee Refunds: The following describes our policy concerning the refund of\ninitial fees (those fees that are billed on your first statement):\nWhen we will provide a full refund. We will refund the initial fees if you\nhave not made a Purchase or obtained a Cash Advance and either of the\nfollowing are true:\n\xe2\x80\xa2 Your account is closed within 11 days following the payment due\ndate shown on your first billing statement; or\n\xe2\x80\xa2 Your account is closed before you pay anything after receiving a\nbilling statement.\nWhen we will provide a partial refund. If your account is closed more than\n11 days after the payment due date on your first billing statement, we will\nrefund the unpaid amount of the outstanding fees even if you have made a\npayment after receiving a billing statement as long as you have not made\na Purchase or obtained a Cash Advance. However, we will not refund any\namount you have previously paid, including any other fees billed to your\naccount.\nWhen we will not provide a refund. We have no obligation to refund fees\nor interest after you make a Purchase or obtain a Cash Advance following\nreceipt of these disclosures.\nCredit Limit Increase Fee Refunds: We will refund the Credit Limit Increase\nFee if you reject the credit limit increase within 30 days after the date of the billing\nstatement on which the fee is billed. This will result in a reversal of the credit limit\nincrease.\nOTHER TERMS AND CONDITIONS\nSeverability: If any provision of this Contract is invalid or unenforceable, it shall\nnot affect the validity or enforceability of any other provision of this Contract.\nChanging This Contract: We may change this Contract from time to time. For\nexample, we may change your Credit Account number or the Minimum Payment,\nadd new INTEREST CHARGES or fees, change the ANNUAL PERCENTAGE\nRATE or change the method of computing the balance upon which we impose\nINTEREST CHARGES. We may also make other changes. We will notify you in\nwriting of any change if required by law. Contract changes will apply to amounts\nyou owe at the time the change is effective and to new transactions on your Credit\nAccount, unless otherwise required by law.\nUse of Credit Reports: You authorize us to access and use your credit reports\nfrom the consumer reporting agencies for any purpose permitted by law which\nmay include whether to extend, increase, or decrease credit, reviewing, renewing\nor servicing your Credit Account, or determining whether to offer other products\nor services to you.\nInformation Sharing: The following describes your agreement with us with\nrespect to information sharing. By requesting, obtaining or using a Credit Account\nfrom us you agree that we may release information in our records regarding you\nand your Credit Account:\n\xe2\x80\xa2 To comply with any properly served subpoena or similar request issued by\na state or federal agency or court.\n\xe2\x80\xa2 To share your credit performance with Consumer Reporting Agencies and\nother creditors who we reasonably believe are or may be doing business\nwith you on your Credit Account.\n\xe2\x80\xa2 To provide information on your Credit Account to any third party who we\nbelieve is conducting an inquiry in accordance with the Federal Fair Credit\nReporting Act.\n\xe2\x80\xa2 To share information with our employees, agents or representatives\nperforming work for us in connection with your Credit Account.\n\nPY\n\nRECEIVING STATEMENTS, OTHER INFORMATION AND\nCOMMUNICATIONS FROM US\nWhere We Send Statements: We will send Statements and any other notices\nto you at the address shown in our files. If this is a joint Credit Account, we can\nsend Statements and notices to either of you. You agree to notify us promptly\nof any change in your address. We may accept address changes or corrections\nfrom the United States Postal Service. We may also mail Statements and other\ncommunications to you at any address we determine to be an address at which\nyou can receive mail. If you elect to receive Statements and other communications\nelectronically, we may send those Statements and communications as directed\nby you.\nWhen You Receive Your Statements: We will send you a Statement at the end\nof each monthly Billing Cycle in which your Credit Account has a debit or credit\nbalance of more than $1.00, if an INTEREST CHARGE has been imposed or if\nother account activity has occurred. Your Statements will arrive around the same\ntime each month, however we reserve the right to change the date of your Billing\nCycle at any time.\nUnderstanding Your Statement: The Statements we send to you will reflect the\nactivity and our INTEREST CHARGES and other charges, costs and fees on your\nCredit Account during the Billing Cycle. They will also show your Total Minimum\nAmount Due and Payment Due Date, which is the date by which we must receive\npayment. The information contained on the Statement will be deemed to be\ncorrect unless you advise us in writing of any error within 60 days of the date\non which we send your Statement. If there are more than one of you living at\n\nLI\n\nUSING YOUR CREDIT ACCOUNT\nYour Promise To Pay: You agree to pay us for all charges, Cash Advances,\nINTEREST CHARGES, Purchases and fees incurred on your Credit Account\nby you, or by any Authorized User, as well as any other fees imposed by us,\nas explained in this Contract. If more than one person requests or accepts the\n\ndifferent addresses, we will send the Statements only to the person named as the\n\xe2\x80\x9cApplicant\xe2\x80\x9d in your application.\nConsent to calls and messages using autodialer, prerecorded message\nand artificial voice: You agree and expressly consent that we and our agents,\naffiliates, contractors, subcontractors, and assignees may call or contact you at any\ncellular, mobile, home, work, or other telephone number, electronic mail address,\nor other digital or electronic communication terminal, link, point or address of any\nkind whatsoever that (a) you provide or use to contact us, (b) we obtain from\na third party such as an employer, friend, family member, another creditor, or\nperson with whom you have done business, or (c) we obtain through any legal\nmeans, including without limitation, a caller identification system that captures\nyour number. You expressly consent to receiving calls, text messages and other\ncommunications from us, our agents, affiliates, contractors, subcontractors, and\nassignees on any number that is assigned to a cellular telephone service, wired\ntelephone service, paging service, facsimile machine, specialized mobile radio\nservice, radio common carrier service, internet protocol service, or other electronic,\ndigital or analog service that is placed through or utilizes an automatic telephone\ndialing system, artificial voice or pre-recorded message, or any other technology,\neven if you incur a cost when we contact you. You accept responsibility for all\ncosts you incur when contacted through any of these means.\nIndemnification: You agree to indemnify us for all damages, costs and expenses,\nincluding reasonable attorney fees, we incur when we attempt to contact you at\nany third party\xe2\x80\x99s telephone number that you provide to us, including any number\nfor which you fail to notify us is no longer associated with you as the subscriber.\nE-mail: By providing us with your e-mail address, you consent to receive\ncorrespondence electronically from us and our affiliates and service providers.\nYou agree that we may communicate with you by e-mail for any lawful reason.\nOther Communication Devices: If you provide us with any other form of\nelectronic communication mechanism, you agree that we may communicate with\nyou by that mechanism for any lawful reason.\n\nN\n\nUSING YOUR CARD\nSign Your Card: Be sure to sign your Card before you use it.\nIf You Do Not Want the Card: If you do not want the Card and Credit Account, you\nmust contact us by telephone or in writing asking us to close your Credit Account.\nDo Not Give Your Card to Others: Cards may not be given to anyone else to use.\nOther people who want a Credit Account should apply separately.\nYour Responsibility for Authorized Users: If another person is given access to\nyour Credit Account with your express or implied permission, notwithstanding the\nprovision above, that person is an Authorized User, even if we did not issue an\nadditional Card in the Authorized User\xe2\x80\x99s name. At your request, and if we agree,\nwe may issue an additional Card in the name of an Authorized User with your\nCredit Account number.\nYou will be responsible for all charges, Cash Advances, INTEREST CHARGES,\nPurchases and fees incurred by any Authorized User. We are not required to try\nto obtain payment from any Authorized User before requiring payment from you.\nIf you wish to remove an Authorized User from your Credit Account you must\ncontact us either by telephone or in writing. You will still be responsible for payment\nof all Purchases, Cash Advances, INTEREST CHARGES and fees incurred or\nobtained by the Authorized User. We may close your existing Credit Account and\nissue you a new Card and account number. You and each Authorized User agree\nthat we may report account information to Consumer Reporting Agencies in the\nnames of both you and the Authorized User.\nLost or Stolen Cards: To protect your rights, you must notify us immediately at\n1-800-987-5521 if your Card is lost or stolen or if you suspect that it has been\nused or may be used without your permission. If your Card is reported as lost or\nstolen or you are claiming unauthorized use of your Credit Account or Card, we\nmay require you to file one or more reports with the appropriate law enforcement\nagencies and us prior to our removal of possible unauthorized charges made\nagainst your Credit Account. You will not be liable for unauthorized use of your\nCard. Certain exceptions apply.\nRefusal to Accept Your Card: We are not responsible if any person or merchant\ndoes not accept your Card, or if an ATM or other device fails to properly operate.\nAll transactions, even when you get a receipt, are subject to our final verification.\nCards Are Our Property: You agree to return each Card issued on your Credit\nAccount to us upon our demand.\n\nCredit Account, each and every person individually and jointly are responsible for\npayment until the account is paid in full.\nJoint Account Holders: If this is a joint Credit Account, each person who signed\nthe application: (1) may obtain Purchases and Cash Advances not to exceed the\ntotal credit limit; (2) will be responsible for paying all amounts owed; and (3) can\nclose the Credit Account.\nAccessing Your Credit Line: You can use the Card and your Credit Account to\nmake Purchases and obtain Cash Advances. Upon your request, you may be\nassigned a Personal Identification Number (PIN). If a PIN is assigned to you, you\ncan obtain a Cash Advance at any authorized ATM by using the Card and PIN.\nUnderstanding Your Credit Limit: Your \xe2\x80\x9cCredit Limit\xe2\x80\x9d is the maximum amount of\ncredit we have approved for your Credit Account. The amount of your Credit Limit\nis printed on the card carrier containing your Card and on your Statements. Your\nbalance may not exceed your Credit Limit at any time. At our sole discretion, we\nmay honor Purchases or Cash Advances in excess of your Credit Limit without\nraising your Credit Limit. If we do, we may require you to pay us any amount\nover your Credit Limit immediately. Decisions on Credit Limit increases may be\nbased on your performance under this Credit Account and other Related Credit\nAccounts you have with us and other credit criteria. If we have previously allowed\nyour balance to exceed your Credit Limit, it does not mean that we will permit your\nbalance to exceed your Credit Limit again. We reserve the right to approve or deny\nauthorizations or transactions from any merchant at our sole discretion.\nObtaining Cash Advances: You may take Cash Advances on your Credit\nAccount in any of the following ways: By presenting the Card to us or any other\nparticipating Mastercard\xc2\xae or Visa\xc2\xae financial institution to obtain cash, by using\nthe Card at an authorized merchant, other non-bank entity, or an Automated Teller\nMachine (ATM) or other device to obtain cash or cash equivalent, or to make a\ntransfer from your Credit Account to any other deposit or loan account. Even if you\nuse your Credit Account to obtain cash from a non-bank entity, the transaction will\nbe described as a Bank Cash Advance.\nYou may not take Cash Advances in excess of $500.00 per day. The minimum\nCash Advance per transaction is $20.00. For Credit Accounts opened on or after\nJune 1, 2003, your initial Cash Advance limit will be 10% of your assigned Credit\nLimit. Once your Credit Account has been open and active for a minimum of 90\ndays, has two consecutive months of current payment history, is not currently\ndelinquent and no payments have been returned for the past 60 days, your Cash\nAdvance availability may be increased to 50% of the assigned Credit Limit. For\nexample, if your Credit Limit is $250.00, your beginning Cash Advance limit will be\n$25.00 and may increase to $125.00 once the criteria above are met.\n\nO\n\n\xe2\x80\x9cProper Form\xe2\x80\x9d means a payment sent by mail or courier that:\n\xe2\x80\xa2 is by check, money order, or cashier\xe2\x80\x99s check payable in US dollars (do not\nsend cash)\n\xe2\x80\xa2 is payable to First PREMIER Bank (no third-party checks)\n\xe2\x80\xa2 includes your payment coupon, or includes your name and account number\non the check\n\xe2\x80\x9cRelated Credit Account(s)\xe2\x80\x9d means any Credit Accounts established using the\nsame Social Security Number.\n\xe2\x80\x9cStatement\xe2\x80\x9d is a summary of your Credit Account activity provided to you at the\nend of each Billing Cycle.\n\xe2\x80\x9cTotal Minimum Amount Due\xe2\x80\x9d means the total minimum amount we request that\nyou pay each month as indicated on your Statement. This amount includes the\nMinimum Payment, any Past Due Amount and any Amount Over Limit Due, which\nis the amount by which the New Balance exceeds your Credit Limit. (See the\nMinimum Payment provisions on the Account Opening Disclosures printed on the\ncard carrier containing your Card for more information on how the \xe2\x80\x9cTotal Minimum\nAmount Due\xe2\x80\x9d is calculated.)\n\xe2\x80\x9cYou\xe2\x80\x9d and \xe2\x80\x9cyour\xe2\x80\x9d mean each and every person who is authorized to use the\nCredit Account, including Authorized Users, joint account holders and other\npersons you authorize to use the Card.\nOther important words used in this Contract begin with capital letters. They are\ndefined throughout this Contract.\n\n\xe2\x80\xa2 To communicate information as to our transactions or experiences with\nyou to persons or entities related by common ownership or affiliated by\ncorporate control or with any third party (including non-affiliates).\nWe may also share information such as: (1) information other than our own\ntransactions with you with persons or entities related to the Bank by common\nownership or corporate control; or (2) information on your Credit Account\nwith certain companies to provide or offer you selected products, services\nor cardholder benefits. You may direct us not to share one or both of these. If\nthis is your request call 1-800-987-5521 or notify us in writing at First PREMIER\nBank, P.O. Box 5528, Sioux Falls, SD 57117-5528. Be sure to include your name,\naddress and Credit Account number. You may receive a copy of our information\non your Credit Account by writing or calling us at the address or telephone number\nlisted above. By requesting or obtaining a Credit Account, you authorize us to\ncheck your credit history. You authorize your employer, bank and any other\nreferences listed to release and/or verify information to us and our affiliates in\norder to determine your eligibility for the Credit Account and any renewal or future\nextension of credit. If you ask, you will be told whether or not consumer reports\non you were requested and the names of the Consumer Reporting Agencies, with\ntheir addresses, that provided the reports. If you designate an Authorized User to\nuse your Card, you understand that account information may also be reported to\nConsumer Reporting Agencies in the Authorized User\xe2\x80\x99s name.\nNo Waiver: Even if we do not exercise any right we may have against you, we do\nnot intend to waive that right. We can exercise it against you in the future.\nBinding Effect Upon Death or Incompetency: If we pay a merchant for a\nPurchase or post a Cash Advance to your Credit Account before we receive\nactual written notice of your death or incompetence, or if we pay a merchant for\na Purchase made by you or post a Cash Advance taken by you prior to your\ndeath or incompetence, that transaction will be a valid and binding Credit Account\nobligation upon you, your estate and your personal representatives.\nOur Liability To You: We have no liability to you, other than as placed on us by\nlaw. We will meet our duty to care for your Credit Account(s) under reasonable\nbanking procedures. Our mere clerical error or honest mistake will not be\nconsidered a failure to perform any of our obligations.\nTransactions in Foreign Currencies: If you make a transaction in a foreign\ncurrency, it will be converted into U.S. dollars, and you agree to accept the\nconverted amount. Visa USA, Inc. or Mastercard International, Inc. will use its\ncurrency conversion procedures in effect when processing the transaction.\nThe currency conversion rate will be a rate selected by Visa or Mastercard, as\napplicable, from the range of rates available in wholesale currency markets for\nthe applicable central processing date, which rate may vary from the rate Visa\nor Mastercard itself receives, or the government-mandated rate in effect for the\napplicable central processing date, in each instance, plus a foreign currency\ntransaction fee in the amount disclosed on your Account Opening Disclosures\nprinted on the card carrier containing your Card. This fee will be paid to us and\napplied to all transactions posted to your Credit Account in a foreign currency,\nincluding all Purchase transactions, Cash Advance transactions, ATM transactions\nand returns and adjustments (e.g., for returned merchandise). The currency\nconversion rate used on the processing date may be different than the rate\nthat was in effect on the date you conducted the transaction. We do not set the\ncurrency conversion rate, and we do not receive any portion of it. We do, however,\nreceive a foreign currency transaction fee as disclosed on your Account Opening\nDisclosures printed on the card carrier containing your card.\nProhibition on Gambling and Illegal Transactions: Your Card and Credit\nAccount may not be used in connection with any gambling transaction (whether\nlegal or illegal). Also, your Card and Credit Account may be used only for valid\nand lawful purposes. If you use, or allow someone else to use your Card or Credit\nAccount for any unlawful purpose or for any gambling transaction, you will be\nresponsible for such use and may be required to reimburse us for all amounts or\nexpenses we pay as a result of such use.\nCall Recording: You agree and consent that we will record and may monitor\nany calls between you and us. This includes both calls to and originated by First\nPREMIER Bank, PREMIER Bankcard, LLC, our parent corporation, or any of our\naffiliates, agents, independent contractors or service providers.\n\n\x0c'