b'Credit Card Account Agreement\n\nP-1896\nRev. 3/20\n\nTable of Contents\nSUMMARY OF KEY TERMS\nAGREEMENT TERMS\nCosts\nOverdraft Protection\nPayments\nCard Account\nAgreement (CA)\nSUMMARY OF\nKEY TERMS\n\nAmendment (Changes) and Assignment\nAdditional Information\nArbitration Provision\nYour Billing Rights\nDefinitions\nEach bolded word or phrase is defined in the definitions section at the\nend of this Agreement. A copy of the Agreement may be found online at\nwww.suntrust.com/personal-banking/credit-cards. The most current\nversion of this Card Account Agreement shall be published online. The\nonline version of the agreement supersedes any prior written version.\n\nWhen are You bound\nby the\nCA Terms?\n\nYour Card Account Agreement with SunTrust starts and You agree to\nthe terms when (1) You accept and/or sign the Card or (2) You or an\nAuthorized User use(s) the Card or Account, thus obtaining Credit from\nSunTrust.\n\nWhat types of\ntransactions might You\nmake with the Card/\nAccount and how are\nthese transactions\nitemized on Your bill\neach month?\n\n\xe2\x80\xa2 You may use Your Card/Account to make legal Purchases, Cash\nAdvances, Overdraft Advances and Balance Transfers. You are\nresponsible for transactions that You, other Cardholders, and\nAuthorized Users make, whether the transactions are legal or not.\n\nWhat You Pay, when,\nhow, and what happens\nif You pay late?\n\n\xe2\x80\xa2 SunTrust will send You a monthly Statement (bill). You agree to pay\nall Authorized Charges on the Statement. You have the option of\npaying in full the New Balance shown on each Statement or paying in\ninstallments that at least equal the amount of the Minimum Payment\nshown on Your Statement. In either case, the payment Due Date will\nbe at least 25 days after the Closing Date of Your Statement.\n\n\xe2\x80\xa2 Each type of transaction has different associated costs and terms;\neach transaction type and associated costs are grouped together\nand detailed in Your monthly Statement (Card Account bill) by\ntransaction type. The combined outstanding amount of each\ntransaction type is Your New Balance due on Your Account each\nmonth (Billing Period). You must pay all Interest Charges, fees, and\nOther Charges properly charged to Your Account.\n\n\xe2\x80\xa2 The Minimum Payment will include any amount past due or over\nYour Credit Limit plus the greater of (1) $25.00, (2) 2% of the New\nBalance, or (3) 1% of the New Balance plus current Interest Charges\nand Other Charges. If the New Balance is less than $25.00, the\nMinimum Payment will be the New Balance. If You pay more than the\nMinimum Payment, You still must make the Minimum Payment on\nsubsequent Statements until You have fully paid what You owe. You\nmust pay in U.S. dollars, without restrictive terms, and in accordance\nwith the Standard Payment Instructions.\n\xe2\x80\xa2 If You do not pay at least the Minimum Payment by the Due Date,\nSunTrust will charge a Late Payment fee, unless Your Account is\nexempt from Late Payment fees. If You make a Late Payment, You\nwill be in Default and You may be subject to rate increases. If You\nare in Default for any reason, SunTrust can require that the entire\noutstanding full Balance on Your Account be immediately paid.\nHow will SunTrust apply\nYour payments?\n\n\xe2\x80\xa2 You agree that the Minimum Payments on Your Account will be\napplied in the order SunTrust selects.\n\xe2\x80\xa2 SunTrust may allocate Your Minimum Payments to Balances starting\nwith the lowest APR (Annual Percentage Rate). Payments in excess of\nthe Minimum Payment will generally be applied first to Balances\n\n3\n\n\x0cHow will SunTrust apply\nYour payments?\n\nwith the highest APR and any remaining portion to the other Balances\nin descending order based on their APRs, unless SunTrust is required\nby applicable law to use a different payment application method in\nconnection with a deferred interest or similar program.\n\xe2\x80\xa2 Payments are normally applied to restore Your available Credit\n(the amount of Your unused Credit Limit). There may be a delay in\nrestoring Your available Credit until SunTrust determines whether\na payment is likely to be returned for insufficient funds or for some\nother reason.\n\nWhat other important\nterms exist in the CA?\n\nYour liability for unauthorized use of the Card \xe2\x80\x93 what to do/what\nhappens if Your Card is stolen.\n\nWhat other important\nterms exist in the CA?\n\nCredit Limits, Authorization, and Convenience Checks \xe2\x80\x93 spending\nlimits/transaction authorization.\nIndividual Liability \xe2\x80\x93 each Cardholder is individually and jointly liable\nfor all Authorized Charges.\nTermination \xe2\x80\x93 You or SunTrust can terminate or suspend Your Credit at\nany time with/without cause.\nSharing of Information \xe2\x80\x93 how SunTrust safeguards your information/\nhow-when SunTrust may disclose Your information to others; refers to\nSunTrust\xe2\x80\x99s Privacy Statement.\nArbitration \xe2\x80\x93 the way in which You and SunTrust agree to resolve\nclaims; You have the right to opt out of arbitration as the agreed upon\nclaims resolution method.\nBilling Dispute Rights \xe2\x80\x93 details Your rights if You dispute charges/are\nnot satisfied with good/services You procure from merchants using Your\nCard/Account.\nDefined Terms \xe2\x80\x93 defines all essential terms used in the CA.\n\nInterest Charges and\nTransaction Fees in\nGeneral:\n\nSunTrust calculates Interest Charges using the Average Daily Balance\n(including new transactions) method. SunTrust also uses compounded\ninterest in calculating Interest Charges. Compounded interest means\nthat interest is added to the principal that You owe and interest then\napplied each successive Billing Period on the outstanding Balance and\nnew charges. [See the Card Mailer for disclosure of APRs, corresponding\nDPRs (Daily Periodic Rate), Minimum Interest Charge, transaction\nfees, and Other Charges.]\n\nInterest Rates and\nInterest Charges based\nupon Credit Inquiries:\n\nYour eligibility for Credit, initial and on-going Interest Rates, and\nother CA terms may vary based upon Your credit worthiness. You\nauthorize SunTrust to make or have made any credit, employment,\nand investigative inquiries about You that SunTrust deems appropriate\nabout: (1) whether SunTrust will provide You with a Card Account and\nif so at what rates/terms, (2) modifications to Your Card Account rates/\nterms while You maintain the Account, or (3) collection of Credit under\nYour Account and other permissible purposes as the law allows.\n\nCost on Purchases:\nSunTrust will charge the\nInterest Charge (unless\ninapplicable because\nof the Grace Period) on\nYour Purchases from the\ntransaction date.\n\n\xe2\x80\xa2 Any Purchase Balance not paid by the Due Date on the Statement\nwill incur an Interest Charge on the following month\xe2\x80\x99s Statement.\n\xe2\x80\xa2 The cost for Purchases (DPR Interest Charge, when it applies) is the\nAverage Daily Balance on Purchases multiplied by (1) the number of\ndays in the Billing Period and (2) the applicable DPR.\n\xe2\x80\xa2 You will have a Grace Period on any new Purchases that are reflected\nfor the first time on Your current Statement if You pay Your New\nBalance on time each Billing Period. Those new Purchases will not\nbe subject to an Interest Charge during the Billing Period reflected in\nthe current Statement if You satisfy the conditions for applicability of\nthe Grace Period.\n\n4\n\n\x0cCosts on Cash Advances:\nSunTrust will charge the\nInterest Charge on Your\nCash Advances from the\ndate they are posted to\nYour Account.\n\nThe costs for Cash Advances consist of (1) interest computed at the\napplicable DPR on the Average Daily Balance (for Cash Advances) and\n(2) Cash Advance transaction fees. The DPR Interest Charge is the\nAverage Daily Balance on Cash Advances multiplied by (1) the number\nof days in the Billing Period and (2) the applicable DPR. Cash Advances\ndo not have a Grace Period.\n\nCost on Overdraft\nAdvances:\nSunTrust will charge the\nInterest Charge on Your\nOverdraft Advances from\nthe date they are posted\nto Your Account.\n\nThe cost on Overdraft Advances (DPR Interest Charge) is the Average\nDaily Balance on Overdraft Advances multiplied by (1) the number of\ndays in the Billing Period and (2) the applicable DPR. In accordance\nwith its Rules and Regulations for Deposit Accounts, SunTrust will assess\nYou its usual deposit account fee for such service, separately, and as\npart of Your deposit Account fees. Overdraft Advances do not have a\nGrace Period.\n\nCosts on Balance\nTransfers:\nWhen SunTrust provides\nYou a Balance Transfer\ncheck or Balance\nTransfer request form\nor when You request\na Balance Transfer,\nSunTrust will charge the\nInterest Charge on Your\nBalance Transfer from\nthe date it is posted to\nYour Account.\n\n\xe2\x80\xa2 The costs for Balance Transfers consist of (1) interest computed\nat the applicable DPR on the Average Daily Balance (for Balance\nTransfers) and (2) Balance Transfer transaction fees.\n\nForeign Currency\nExchange on\n\n\xe2\x80\xa2 All Purchase and Cash Advance transactions processed in a foreign\ncurrency will be converted to U.S. dollars under the regulations\n(which affect rate and actual date of the exchange) of the Card\nAssociation before being charged to Your Account.\n\nNon-US Transactions:\n\n\xe2\x80\xa2 The DPR Interest Charge is the Average Daily Balance on Balance\nTransfers multiplied by (1) the number of days in the Billing Period\nand (2) the applicable DPR.\n\xe2\x80\xa2 SunTrust may from time to time offer You Balance Transfer\nPromotional Offers with different Balance Transfer Interest Charges\nand transaction fees than the Card Mailer terms. Those different\nInterest Charges and fees will be disclosed in the Balance Transfer\nPromotional Offer. Unless SunTrust informs You otherwise, Balance\nTransfers do not have a Grace Period.\n\n\xe2\x80\xa2 If Your Account has a foreign currency transaction fee, it will be\nshown on the Card Mailer.\n\xe2\x80\xa2 Conversion may occur on a date other than the date of the transaction\nor the date the transaction is posted to Your Statement, which may\naffect the conversion rate used. If a Credit transaction is processed\nand has a processing date different than the original transaction, then\nthe exchange rate of the Credit can be greater/less than that of the\noriginal transaction.\nOther Charges:\n\nLate Payment Fee. Unless Your Account is exempt from Late Payment\nfees, if SunTrust has not received at least the Minimum Payment by its\nDue Date as shown on a Statement, SunTrust will add a Late Payment\nfee to Your Purchase Balance based on the New Balance outstanding\nas of the Closing Date for the Statement.\nAnnual Fee. If Your Account has an annual fee, it will be shown on the\nCard Mailer, and SunTrust will add the annual fee to Your Purchase\nBalance.\nReturned Payment Fee. Unless Your Account is exempt from Returned\nPayment fees, SunTrust will add a Returned Payment fee to Your\nPurchase Balance if (1) a payment that You make or authorize is\nreturned to SunTrust unpaid; or (2) any Balance Transfer, Cash\nAdvance, or Promotional Balance check is dishonored for any reason.\nThis fee may be imposed even if Your payment is later re-presented to\nand paid by Your financial institution.\nStop Payment Fee. SunTrust will add a $39.00 stop payment fee to\nYour Purchase Balance if You ask SunTrust to stop payment on any\nConvenience Check drawn on Your Account or on any Balance Transfer\nrequest.\n\n5\n\n\x0cOther Charges:\n\nDocumentation Fee. SunTrust will provide copies of Statements,\nsales drafts, etc., to You upon request. If You request copies of more\nthan two items during a Billing Period, SunTrust will add a fee to Your\nPurchase Balance up to $5.00 for each additional copy unless prohibited\nby applicable law. SunTrust will not impose any fee if Your request is\nmade in connection with written notice of a billing error.\n\nMinimum Interest\nCharges:\n\nIf You incur Interest Charges in any Billing Period, a minimum Interest\nCharge will post to Your Account (such minimum Interest Charge\nshown as the \xe2\x80\x9cMinimum Interest Charge\xe2\x80\x9d on Your Statement).\n\nChanges\n\nSunTrust can change some of Your rates and other terms in\naccordance with applicable law. This table shows some possible\nchanges.\n\nType of change\n\nWhat may trigger change\n\nAdvance notice of change\n\nInterest Rate increase\non new charges\n\nIn the first year, a\nPromotional Rate ends or\nthe Index Rate changes;\nafter that, any reason\n\nPromotional Rate ends or Index Rate\nchanges, no notice; otherwise, 45 days\n\nInterest Rate increase\non existing Balances\n\nPromotional period ends,\nIndex Rate changes, or Your\nAccount is in a workout\narrangement\n\nNo notice requirement or per terms of\nthe workout arrangement\n\nIncrease or decrease to\nCredit Limit\n\nAny reason\n\nNone\n\nSome fees and other\nterms\n\nCan change for any reason\n\nUp to 45 days for certain fees and\nMinimum Payment changes\n\nYour Card Account Agreement with SunTrust starts and You agree to these terms when You accept\nand/or sign the Card or You or an Authorized User use(s) the Card or Account, thus obtaining\ncredit from SunTrust.\nCosts\nYou may use Your Card and Account to make Purchases, Cash Advances, Overdraft Advances and\nBalance Transfers. Each type of charge will have its own Balance. Each type of Balance may have a\nseparate DPR and corresponding Interest Charges.\nYou agree to pay SunTrust for all credit extended on Your Account, plus any Interest Charges,\nOther Charges and other fees and amounts properly charged to Your Account. You agree to use\nYour Account only for legal transactions. It is not SunTrust\xe2\x80\x99s responsibility to make sure You only\nuse Your Account for legal transactions, and You will remain responsible to pay for any transactions\nwhether legal or not. SunTrust may decline authorization for any Internet gambling transaction.\nSunTrust will not be liable if You engage in an illegal transaction.\nInterest Charges and\nTransaction Fees\n\nThe conditions under which Interest Charges and transaction fees apply\ndepend upon whether the transaction is a Purchase, Cash Advance,\nOverdraft Advance, Balance Transfer, or Promotional Offer.\n\nSunTrust calculates Interest Charges using the Average Daily Balance (including new transactions)\nmethod. SunTrust also uses compounded interest in calculating Interest Charges. Compounded\ninterest means that interest is added to the principal that You owe and interest then applied each\nsuccessive Billing Period on the outstanding Balance and new charges.\nInterest Charges that apply on Your Account are set forth in the Card Mailer.\nInterest Charge for\nPurchases\n\nCost: Interest Charge (Average Daily Balance for Purchases x no. days\nin Billing Period x DPR)\n\nAny Purchase Balance not paid by the Due Date on the Statement will incur an Interest Charge on\nthe following month\xe2\x80\x99s Statement. The cost for Purchases (DPR Interest Charge, when it applies) is\nthe Average Daily Balance on Purchases multiplied by (1) the number of days in the Billing Period\nand (2) the applicable DPR.\n6\n\n\x0cYou will have a Grace Period on any new Purchases that are reflected for the first time on Your\ncurrent Statement if You pay Your New Balance on time each Billing Period. Those new Purchases\nwill not be subject to an Interest Charge during the Billing Period reflected in the current\nStatement if You satisfy the conditions for applicability of the Grace Period.\nSunTrust will charge the Interest Charge (unless inapplicable because of the Grace Period) on Your\nPurchases from the transaction date.\nThe DPR for Purchases (that are subject to Interest Charges) may or may not vary each month\nbased on changes in the Index Rate. The Card Mailer discloses whether the Account is subject to a\nVariable or a Non-variable APR.\nInterest Charge and\nTransaction Fees for\nCash Advances\n\nCosts: Interest Charge (Average Daily Balance for Cash Advances x no.\ndays in Billing Period x DPR) + Cash Advance transaction fees.\n\nThe costs for Cash Advances consist of (1) interest computed at the applicable DPR on the Average\nDaily Balance (for Cash Advances) and (2) Cash Advance transaction fees.\nThe DPR Interest Charge is the Average Daily Balance on Cash Advances multiplied by (1) the\nnumber of days in the Billing Period and (2) the applicable DPR. The Cash Advance transaction fee\nis disclosed in the Card Mailer.\nThe DPR for Cash Advances may or may not vary each month based on changes in the Index Rate.\nThe Card Mailer discloses whether the Account is subject to a Variable or a Non-variable APR.\nSunTrust will charge the Interest Charge on Your Cash Advances from the date they are posted to\nYour Account. Cash Advances do not have a Grace Period.\nInterest Charge for\nOverdraft Advances\n\nCost: Interest Charge (Average Daily Balance for Overdraft Advances x\nno. days in Billing Period x DPR)\n\nThe cost on Overdraft Advances (DPR Interest Charge) is the Average Daily Balance on Overdraft\nAdvances multiplied by (1) the number of days in the Billing Period and (2) the applicable DPR. In\naccordance with its Rules and Regulations for Deposit Accounts, SunTrust will assess You its usual\ndeposit account fee for such service, separately, and as part of Your deposit account fees.\nThe DPR for Overdraft Advances may or may not vary each month based on changes in the Index\nRate. The Card Mailer discloses whether the Account is subject to a Variable or a Non-variable\nAPR.\nSunTrust will charge the Interest Charge on Your Overdraft Advances from the date they are\nposted to Your Account. Overdraft Advances do not have a Grace Period.\nInterest Charge and\nTransaction Fees for\nBalance Transfers\n\nCosts: Interest Charge (Average Daily Balance for Balance Transfers x\nno. days in Billing Period x DPR) + Balance Transfer transaction fees.\n\nThe costs for Balance Transfers consist of (1) interest computed at the applicable DPR on the\nAverage Daily Balance (for Balance Transfers) and (2) Balance Transfer transaction fees.\nThe DPR Interest Charge is the Average Daily Balance on Balance Transfers multiplied by (1) the\nnumber of days in the Billing Period and (2) the applicable DPR. The Balance Transfer transaction\nfee for a \xe2\x80\x98regular\xe2\x80\x99 Balance Transfer or \xe2\x80\x98Promotional Balance\xe2\x80\x99 Balance Transfer is disclosed in\nthe Card Mailer; provided, that SunTrust may from time to time offer You Balance Transfer\nPromotional Offers with different Balance Transfer Interest Charges and transaction fees than\nthe Card Mailer terms. Those different Interest Charges and fees will be disclosed in the Balance\nTransfer Promotional Offer. SunTrust will add the Balance Transfer fee to the \xe2\x80\x98Balance Transfer\xe2\x80\x99\nBalance of Your Account, unless SunTrust informs You when You make a Balance Transfer that the\nBalance Transfer amount and Balance Transfer fee will be added to another category of Balance\n(e.g., Purchases or Cash Advances).\nUnless SunTrust informs You otherwise, Balance Transfers do not have a Grace Period. When\nSunTrust provides You a Balance Transfer check or Balance Transfer request form or when You\nrequest a Balance Transfer, SunTrust will charge the Interest Charge on Your Balance Transfer\nfrom the date it is posted to Your Account.\nThe DPR for Balance Transfers (that are subject to Interest Charges) may or may not vary each\nmonth based on changes in the Index Rate. The Card Mailer discloses whether the Account is\nsubject to a Variable or a Non-variable APR.\n7\n\n\x0cInterest Charge for\nPromotional Balances\n\nCost: Interest Charge (Average Daily Balance for Promotional Balances\nx no. days in Billing Period x Promotional Rate DPR)\n\nSunTrust may from time to time offer You a Promotional Rate on certain Purchases or Balance\nTransfers through Promotional Offers. If You accept a Promotional Offer, the resulting\nPromotional Balance will be subject to the terms of that specific Promotional Offer and this\nAgreement. In each Promotional Balance program, any new or different terms of the program\nnot disclosed in this Agreement (such as the APR, effective dates and other special terms) will be\ndetailed in the Promotional Offer.\nThe DPR Interest Charge is the Average Daily Balance on Promotional Balances multiplied by (1)\nthe number of days in the Billing Period and (2) the applicable DPR.\nThe Promotional Rate will apply to those Promotional Balances until the Promotional Offer\nTermination Date. A Promotional Balance will not, after the Termination Date, be eligible for\nanother Promotional Rate.\nAfter the Termination Date, Your Promotional Rate will change to Your regular Purchases DPR,\nunless disclosed otherwise in the Promotional Offer. If the reason for the Termination Date is\na Delinquency Triggering Event, SunTrust will change the DPR that applies to Your new and\noutstanding Promotional Balances to the Purchase DPR and corresponding APR, after SunTrust\nprovides You any notice required by applicable law.\nMinimum Interest Charge\nIf You incur Interest Charges in any Billing Period, a minimum Interest Charge will post to Your\nAccount (such minimum Interest Charge shown as the \xe2\x80\x9cMinimum Interest Charge\xe2\x80\x9d on Your\nStatement). If You incur Interest Charges in any Billing Period, the Minimum Interest Charge\nwill be no less than the amount disclosed in the Card Mailer. SunTrust may allocate the Minimum\nInterest Charge among Your various Balances in the manner that SunTrust elects as permitted by\napplicable law.\nForeign Currency Exchange for Non-US Transactions\nAll Purchase and Cash Advance transactions processed in a foreign currency will be converted\nto U.S. dollars under the regulations of the Card Association before being charged to Your\nAccount. (The exchange rate that the Card Association uses to convert currency is a rate the Card\nAssociation selects either from the range of rates available in the wholesale currency markets\nfor the applicable processing date (which rate may vary from the rate the Card Association itself\nreceives) or the government-mandated rate in effect on the applicable processing date.)\nConversion may occur on a date other than the date of the transaction or the date the transaction\nis posted to Your Statement, which may affect the conversion rate used. If a Credit transaction is\nprocessed and has a processing date different than the original transaction, then the exchange rate\nof the Credit can be greater/less than that of the original transaction.\nIf Your Account has a foreign currency transaction fee, it will be shown on Your Card Mailer and\nwill be calculated after each Purchase transaction has been converted from a foreign currency.\nOther Charges\nLate Payment Fee. Unless Your Account is exempt from Late Payment fees, if SunTrust has not\nreceived at least the Minimum Payment by its Due Date as shown on a Statement, SunTrust will\nadd a Late Payment fee to Your Purchase Balance based on the New Balance outstanding as of the\nClosing Date for the Statement. The Late Payment fee is stated on the Card Mailer.\nAnnual Fee. If Your Account has an annual fee, it will be shown on the Card Mailer, and SunTrust\nwill add the annual fee to Your Purchase Balance. If an annual fee is applicable to Your Account,\nSunTrust will provide You with notice of that annual fee in the manner required by law and explain\nhow You may terminate Credit availability under the Account to avoid paying any such annual fee.\nIf You do not terminate the Account, the terms disclosed will continue to apply.\nReturned Payment Fee. Unless Your Account is exempt from Returned Payment fees, SunTrust\nwill add a Returned Payment fee to Your Purchase Balance if (1) a payment that You make or\nauthorize is returned to SunTrust unpaid (for example, if a check or an electronic funds transfer\nto SunTrust is returned for insufficient funds or is returned because it is not signed or cannot be\nprocessed for any reason); or (2) any Balance Transfer, Cash Advance, or Promotional Balance\ncheck is dishonored for any reason. This fee may be imposed even if Your payment is later represented to and paid by Your financial institution. The Returned Payment fee is stated on the\nCard Mailer.\n8\n\n\x0cStop Payment Fee. SunTrust will add a $39.00 stop payment fee to Your Purchase Balance if\nYou ask SunTrust to stop payment on any Convenience Check drawn on Your Account or on any\nBalance Transfer request.\nDocumentation Fee. SunTrust will provide copies of Items to You upon request. If You request\ncopies of more than two Items during a Billing Period, SunTrust will add a fee to Your Purchase\nBalance up to $5.00 for each additional copy unless prohibited by applicable law. SunTrust will not\nimpose any fee if Your request is made in connection with written notice of a billing error.\nOverdraft Protection\nIf You elect to link Your SunTrust eligible Consumer Checking Account, Savings Account or Money\nMarket Savings Account to this SunTrust Credit Card for overdraft protection (the \xe2\x80\x9cProtected\nAccount\xe2\x80\x9d), funds will be transferred from Your Credit Card Account (the \xe2\x80\x9cProtector Account\xe2\x80\x9d)\ninto Your Protected Account when checks, bill pay, or other debit transactions would cause Your\nProtected Account to be overdrawn if those transactions are paid.\nTransfers will be made in $100 increments from the Protector Account to Your Protected Account.\nThese transfers shall be considered a \xe2\x80\x9cCash Advance\xe2\x80\x9d as that term is defined under Your Credit\nCard Account Agreement. Fees and interest rates for Cash Advances are disclosed to clients in\ntheir Credit Card Account Agreement and may be higher than those associated with other Credit\nCard transactions. There is no Grace Period for Cash Advances, meaning finance charges will\naccrue from the date the Cash Advance is posted to Your Credit Card Account. If the available\nCredit on Your Credit Card Account (i.e. Credit Limit or the available Cash Advance limit) is\ninsufficient to cover the entire overdraft, we may make transfers to pay individual debit Items up to\nthe available accessible Credit on Your Credit Card Account. For example, if Your deposit account\nhas a Balance of $10.00 and a check or other debit item for $80.00 is presented for payment, which\nif paid would cause Your deposit account to be overdrawn, a transfer of $100 will be made from\nYour Credit Card Account to Your deposit account and an overdraft protection Cash Advance of\n$100 will post to this Account. We will also charge an additional Overdraft Protection transfer fee\nto Your Protected Account for each day a transfer is made, as disclosed in the Personal Deposit\nAccounts Fee Schedule.\nBe advised that we reserve the right to not initiate transfers to cover overdrafts and to return the\ndebit item(s) for non-sufficient funds. By way of example only, we ordinarily will not initiate an\noverdraft transfer or advance funds as a Cash Advance under the following circumstances: (i) if You\nare in Default under Your Credit Card Account Agreement; (ii) if the Cash Advance would cause\nYou to exceed the available Credit for a given transaction; (iii) if Your Credit Card is in a closed or\nblocked status (e.g. due to fraud); (iv) if You fail to make a Credit Card payment by its Due Date;\nand/or (v) if You exceed any Credit Card limit on Your Credit Card Account. In these instances,\nan overdraft or returned item fee for each debited item will be charged to the Protected Account,\nwhich is disclosed in the Personal Deposit Accounts Fee Schedule.\nOverdraft protection is only available for active Credit Card Accounts, but be advised that linking a\ndeposit account to a Credit Card does not automatically activate that Card. Conversely, cancelling\noverdraft protection will not cancel a Credit Card.\nA Cash Advance transfer to the Protected Account due to overdraft protection will not activate\nYour Credit Card. Cancelling overdraft protection will not close Your Credit Card. However, closing\na Credit Card Account will cancel the overdraft protection service.\nPayments\nWhat You Pay, When, How, and what happens if You pay late\nSunTrust will send Your Statement to the address that the Bank has on file for You. You agree\nto pay all Authorized Charges on the Statement. You have the option of paying in full the New\nBalance shown on each Statement or paying in installments that at least equal the amount of the\nMinimum Payment shown on Your Statement.\nIn either case, the payment Due Date will be at least 25 days after the Closing Date. The Minimum\nPayment will include any amount past due or over the Credit Limit plus the greater of (1) $25.00,\n(2) 2% of the New Balance, or (3) 1% of the New Balance plus current Interest Charges and Other\nCharges. The Minimum Payment amount will either be rounded up or down to the nearest dollar.\nIf the New Balance is less than $25.00, the Minimum Payment will be the New Balance. If You\npay more than the Minimum Payment, You still must make the Minimum Payment on subsequent\nStatements until You have fully paid what You owe.\n9\n\n\x0cYou must pay in U.S. dollars, without restrictive terms, and in accordance with the Standard\nPayment Instructions. You must contact SunTrust at least 3 business days before an automated\npayment is scheduled, if You want to stop payment on the amount You think is wrong.\nIf You do not pay at least the Minimum Payment by the Due Date, SunTrust will charge a Late\nPayment fee, unless Your Account is exempt from Late Payment fees. If You make a Late\nPayment, You will be in Default and You may be subject to rate increases. If You are in Default\nfor any reason, SunTrust can require that the entire full Balance on Your Account be immediately\npaid. If You do not immediately pay SunTrust the entire full Balance due when required, except as\nspecifically addressed in the Arbitration Provision of this Agreement, You will be liable to SunTrust\nfor collection costs that SunTrust incurs, including reasonable attorneys\xe2\x80\x99 fees and expenses of\nlegal actions to the extent permitted by applicable law. Where required by state law SunTrust will\nprovide You with notice and a right to remedy Your Default in accordance with that law. SunTrust\xe2\x80\x99s\nacceptance of a payment after the payment Due Date or after You have exceeded Your Credit\nLimit does not waive SunTrust\xe2\x80\x99s right to require immediate payment of Your entire full Balance.\nHow SunTrust will apply payments\nYou agree that the Minimum Payments on Your Account will be applied in the order SunTrust\nselects in accordance with applicable law. SunTrust may allocate Your Minimum Payments to\nBalances starting with the lowest APR. Payments in excess of the Minimum Payment will generally\nbe applied first to Balances with the highest APR and any remaining portion to the other Balances\nin descending order based on their APRs, unless SunTrust is required by applicable law to use a\ndifferent payment application method in connection with a deferred interest or similar program.\nPayments are normally applied to restore Your available Credit (the amount of Your unused Credit\nLimit). There may be a delay in restoring Your available Credit until SunTrust determines whether\na payment is likely to be returned for insufficient funds or for some other reason.\nAmendment (Changes)\nIMPORTANT NOTICE: In accordance with applicable law, SunTrust may unilaterally change the\nAPRs, Other Charges, and other terms of this Agreement at any time. This includes modifications,\ndeletions and the addition of new provisions, including non-financial provisions (for example,\nSunTrust may add provisions relating to SunTrust\xe2\x80\x99s enforcement rights or the resolution of claims\nand disputes). SunTrust will send You notice in the manner and method (written communication\nor update to online Agreement) and time required by law for the changes being made to Your\nAccount and/or this Agreement. The online version of the Agreement is available at https://www.\nsuntrust.com/PersonalBanking/EverydayBanking/CreditCards. Changes to this Agreement will be\nautomatically effective on the date SunTrust specifies or provides an updated Agreement, except\nas otherwise provided in any change in terms notice SunTrust provides. You are bound by changes\nto this Agreement as of the date updates are published. However, use of Your Account is not\nnecessary for a change in terms to be effective. You will have the right to reject a change in terms\nand pay off Your Account in the same manner and under the same terms and conditions as then in\neffect, as described in any change in terms notice. SunTrust may terminate or suspend Your ability\nto use the Account if You reject certain changes, to the extent permitted by applicable law and as\ndescribed in any change in terms notice that SunTrust provides.\nAssignment Rights\nSunTrust has the right to Assign its rights under this Agreement, the Account, and any amount\nYou owe to SunTrust. SunTrust may Assign its rights without my consent and without prior notice\nto me. The rights and benefits of SunTrust under the Agreement and Account shall automatically\ntransfer to SunTrust\xe2\x80\x99s successors and assigns, including any entity that acquires SunTrust and/or is\ncreated through a merger with SunTrust. You do not have the right to assign or transfer Your rights\nunder this Agreement or the Account.\nAdditional Information\nYour liability for unauthorized use of the Card\nTo report a lost/stolen Card call: 866.732.1683. State that You are reporting a lost/stolen\nCard. You must notify the Bank promptly in the event of loss, theft, or unauthorized use of Your\nCard. This notification responsibility means that You should regularly check Your Statements to\nreview charges that post to Your Account to confirm that unauthorized charges have not posted to\nYour Account.\n10\n\n\x0cYou may be liable for the unauthorized use of Your Card. If unauthorized use of Your Account\noccurs, You agree to cooperate with SunTrust and law enforcement authorities in identifying the\nunauthorized user. However, You will not be liable for unauthorized use that occurs after You\nnotify SunTrust orally or in writing of the loss, theft, or possible unauthorized use. In any case,\nYour liability will not exceed $50 for each occurrence of loss or theft or any lesser amount required\nby applicable law or the requirements of the Card Association. You may write to SunTrust at:\nCardholder Services, P.O. Box 621569, Orlando, FL 32862-1569.\nOwnership of the Card\nYour Card and any Convenience Checks or other Credit instrument or device that SunTrust\nprovides to You are SunTrust\xe2\x80\x99s property and must be returned to SunTrust or SunTrust\xe2\x80\x99s agent\nimmediately upon demand. At SunTrust\xe2\x80\x99s request You will destroy Your Card, other Credit\ninstruments or devices and/or special checks, by cutting them in half and surrendering those items\nto SunTrust or SunTrust\xe2\x80\x99s agent by mailing them to SunTrust or dropping them off at SunTrust\xe2\x80\x99s\noffice.\nCredit Limits, Authorization, and Convenience Checks\nUnless Your Account type or SunTrust permits You to exceed Your Credit Limit, You agree to not\nexceed the Credit Limit that SunTrust establishes for You, but if You do, You agree to pay the\nover Credit Limit amount as part of Your next Minimum Payment. SunTrust may raise or lower\nYour Credit Limit at SunTrust\xe2\x80\x99s discretion, as permitted by applicable law. SunTrust is not liable\nto You for decreases that affect Your Credit Limit or spending limits. Each of You may request\nan increase to the Credit Limit of a joint Account. If You were required to have a joint Account\nbecause one of You was less than 21 years of age when Your Account was opened and that\nindividual remains less than 21 years of age when SunTrust considers raising the Credit Limit of\nYour joint Account, SunTrust will not increase the Credit Limit until all of You approve and assume\nin writing joint liability for an increase to the Credit Limit of the joint Account. SunTrust may\nestablish separate limits that restrict the amount of the Credit Limit available for Cash Advances\nor Balance Transfers. SunTrust may decline authorization for any transaction at any time. SunTrust\nis not liable for declining authorization for any transaction, regardless of SunTrust\xe2\x80\x99s reason. All\ntransactions on Your Account are subject to approval based upon Your Account status, available\nCredit, credit history and other factors. You may not stop the payment of any Card transaction.\nSunTrust may reject and return unpaid any Convenience Check that You write for any reason.\nYou must pay SunTrust for any Convenience Check that SunTrust pays, even if SunTrust were\npermitted to reject and return the Convenience Check, unless the Convenience Check constitutes\nunauthorized use. SunTrust may refuse to issue Convenience Checks or, upon notice to You, refuse\nto permit the use of Convenience Checks already issued. You may call SunTrust at 800.477.9702\nto place a stop payment on an unpaid Convenience Check. SunTrust will charge the stop payment\nfee. You must provide SunTrust the date, amount, name of payee, and the number of the\nConvenience Check. If any information You provide is incorrect or if You do not afford SunTrust a\nreasonable opportunity to act on Your request, SunTrust may not be able to stop payment. Once\na Convenience Check has been paid, SunTrust will not be able to reverse the payment. Your stop\npayment request will remain valid for 6 months. You must renew Your request before it expires if\nYou want SunTrust to continue honoring the stop payment request after the initial 6 month period.\nYou agree to hold harmless and indemnify SunTrust from any losses, expenses and costs, including\nattorneys\xe2\x80\x99 fees incurred by SunTrust, for preventing or failing to prevent payment.\nIndividual Liability\nYou, as a Cardholder, are liable for all Credit obtained under Your Account(s), whether obtained\nby You, another Cardholder or an Authorized User of the Account. If there is more than one\nCardholder on the Account, each of You is liable, jointly and severally, for all Credit obtained\nunder the Account(s), regardless of which of You obtains that Credit or benefits from it.\nTermination\nEither You or SunTrust may terminate this Agreement or suspend Your Credit privileges under this\nAgreement at any time, with or without cause. You will not try to make any Purchases or Balance\nTransfers or try to obtain any Cash Advances or Overdraft Advances on Your Account after Your\nCredit privileges have been terminated or suspended. However, this Agreement will otherwise\nremain in full force and effect until You pay all sums due SunTrust.\n\n11\n\n\x0cApplicable Law\nApplicable Law. Except as expressly set forth in the Arbitration Provision of this Agreement, this\nAgreement and the interpretation and enforcement thereof (including but not limited to the\nexportation of interest rates) will be governed by Federal law applicable to SunTrust and, to the\nextent not preempted by Federal law, the laws of the State of Georgia without regard to its conflicts\nof law provisions and principles. If there is any conflict between any of the terms and conditions of\nthis Agreement and applicable Federal or State law, this Agreement will be considered changed to\nthe extent necessary to comply with the applicable law. You agree that all terms of this Agreement\nare material to the determination of interest. SunTrust accepts this Agreement in its home state,\nGeorgia.\nMilitary Lending Act\nThe Military Lending Act provides protections for certain members of the Armed Forces and their\ndependents (\xe2\x80\x9cCovered Borrowers\xe2\x80\x9d). The provisions of this section apply to Covered Borrowers under\nthe Military Lending Act. If you would like more information about whether you are a Covered\nBorrower and whether this section applies to you, please contact us at 1-844-310-5891. Statement\nof MAPR. Federal law provides important protections to members of the Armed Forces and their\ndependents relating to extensions of consumer credit. In general, the cost of consumer credit to\na member of the Armed Forces and his or her dependent may not exceed an Annual Percentage\nRate of 36%. This rate must include, as applicable to the credit transaction or account: (1) the\ncosts associated with credit insurance premiums; (2) fees for ancillary products sold in connection\nwith the credit transaction; (3) any application fee charged (other than certain application fees for\nspecified credit transactions or accounts); and (4) any participation fee charged (other than certain\nparticipation fees for a credit card account). Oral Disclosures. In order to hear important Military\nLending Act disclosures and payment information provided in this Agreement, please call 1-844-3105891. Applicability of Jury Trial Waiver, Class Action Waiver, and Arbitration Provision. The Jury Trial\nWaiver, Class Action Waiver, and Arbitration Provision set forth in this Note do not apply to Covered\nBorrowers under the Military Lending Act.\nJury Trial Waiver\nUNLESS YOU ARE A COVERED BORROWER UNDER THE MILITARY LENDING ACT AND TO THE EXTENT\nPERMITTED BY APPLICABLE LAW, FOR ANY MATTERS NOT SUBMITTED TO ARBITRATION, YOU AND\nSUNTRUST HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVE THE RIGHT\nTO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION ARISING OUT OF THIS AGREEMENT, RELATING\nTO THE ACCOUNT, ANY CREDIT TRANSACTION, OR ANY OTHER DISPUTE OR CONTROVERSY BETWEEN\nYOU AND SUNTRUST OR ANY OF SUNTRUST\xe2\x80\x99S EMPLOYEES, OFFICERS, DIRECTORS, PARENTS,\nCONTROLLING PERSONS, SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS.\nLitigation Class Action Waiver\nTO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY MATTERS NOT SUBMITTED TO\nARBITRATION, YOU AND SUNTRUST HEREBY AGREE THAT ANY LITIGATION ARISING OUT OF THIS\nAGREEMENT, RELATING TO THE ACCOUNT, ANY CREDIT TRANSACTION, OR ANY OTHER DISPUTE\nOR CONTROVERSY BETWEEN YOU AND SUNTRUST OR ANY OF SUNTRUST\xe2\x80\x99S EMPLOYEES, OFFICERS,\nDIRECTORS, PARENTS, CONTROLLING PERSONS, SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS\nWILL PROCEED ON AN INDIVIDUAL BASIS AND WILL NOT PROCEED AS PART OF A CLASS ACTION,\nCOLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION AND\nYOU AND SUNTRUST HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVE\nANY RIGHT TO PROCEED IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL\nACTION OR OTHER REPRESENTATIVE ACTION OR TO SERVE AS A CLASS REPRESENTATIVE.\nOther Products and Services\nSunTrust will, at Your request, arrange for an overnight courier to deliver additional or replacement\nCards on an expedited basis. The charge assessed by the overnight courier will be added to Your\nAccount Balance. From time to time, new products, optional services or enhancements (for\nexample, insurance or Card registration) may be offered on Your Account. SunTrust is not liable\nfor these features, services and enhancements, when they are the responsibility of a third party\nprovider. You agree to hold SunTrust harmless from any claims, actions or damages resulting from\nYour use of any of these features, services or enhancements, when permitted by applicable law.\nSunTrust reserves the right to adjust, add, or delete benefits and services at any time.\n\n12\n\n\x0cCredit Inquiries\nYou authorize SunTrust to make or have made any credit, employment, and investigative\ninquiries that SunTrust deems appropriate related to the extension or collection of Credit under\nthe Account. If You dispute credit information SunTrust is reporting about You, You may notify\nSunTrust at Cardholder Services, Attention: Dispute Department, P.O. Box 620548, Orlando, FL\n32862-0548.\nConsumer Reporting Agencies (Credit Bureaus)\nIt is standard banking industry practice and within federal and state law for SunTrust routinely to\nprovide data about customer loan repayment and transactions to consumer reporting agencies and\nother creditors. SunTrust may report information about Your Account(s) to credit bureaus. Late\nPayments, missed payments, or other Defaults on Your Account(s) may be reflected in Your credit\nreport.\nSharing of Information\nSunTrust may, to the extent and in the manner permitted by applicable law, communicate\ninformation about SunTrust\xe2\x80\x99s experiences and transactions with You to consumer reporting\nagencies, SunTrust\xe2\x80\x99s affiliates, and others who may properly receive that information. You may\nrefer to SunTrust\xe2\x80\x99s Privacy Statement for more details about how SunTrust collects, uses, retains,\ndiscloses, and safeguards information about You and Your Account. SunTrust\xe2\x80\x99s Privacy Statement\nis provided when consumer Cardholders establish a customer relationship with SunTrust, once\neach year while Cardholders maintain a customer relationship with SunTrust, and at other times\nrequired by law. You may request an additional copy of SunTrust\xe2\x80\x99s Privacy Statement by calling\nSunTrust at 866.732.1683 or sending a written request to SunTrust at Cardholder Services,\nAttention: Customer Service, P.O. Box 621629, Orlando, FL 32862-1629.\nWaiver\nSunTrust\xe2\x80\x99s failure to exercise, or SunTrust\xe2\x80\x99s delay in exercising, any of SunTrust\xe2\x80\x99s rights under the\nAgreement for any reason will not mean that SunTrust will be unable to exercise those rights later.\nSeverability\nThe invalidity of any provision of the Agreement will not affect the validity of any other provision.\nEntire Agreement\nThis Agreement, as modified from time to time in accordance with applicable law by any change\nin terms that SunTrust will deliver to You (in writing or via update to Agreement terms that\nare published at www.suntrust.com/personal-banking/credit-cards), constitutes the entire\nAgreement between You and SunTrust, and supersedes any prior negotiation or understanding\nbetween You and SunTrust concerning the subject matter of this Agreement. Section headings are\nfor convenience only and are to be disregarded when interpreting this Agreement.\nNew Jersey Residents\nAll provisions of this Agreement are valid, enforceable and applicable in New Jersey.\nIllegal Transaction\nAny financial service that SunTrust provides pursuant to this Agreement may be used for any\ntransaction permitted by law in accordance with this Agreement. You agree that illegal use of any\nfinancial service will be deemed an action of Default and/or breach of contract and that SunTrust\nmay terminate any such financial service and/or other related services at SunTrust\xe2\x80\x99s discretion. You\nwill remain responsible for paying for a transaction, even if it is not permissible. If any illegal use\noccurs, You also agree to waive any right to sue SunTrust for such illegal use or any activity directly\nor indirectly related to it and indemnify and hold SunTrust harmless from any suits or other legal\naction or liability, directly or indirectly, resulting from such illegal use.\nEmergency Card Replacement and Cash Disbursement\nYou and any Authorized User agree and authorize SunTrust to provide Your personal data to\nthe Card Association, its members, or their respective contractors for the purpose of providing\nEmergency Card Replacement and Emergency Cash Disbursement benefits to You on Your Account.\n\n13\n\n\x0cArbitration Provision\nREAD THIS PROVISION CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW DISPUTES\nAND CLAIMS AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.\nYOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS SET FORTH BELOW. If You\ndo not reject this arbitration agreement, for a Claim subject to arbitration, neither You nor we\nwill have the right to: (1) have a court or a jury decide the Claim; (2) engage in informationgathering (discovery) to the same extent as in court; (3) participate in a class action in court or\nin arbitration; or (4) join or consolidate a Claim with claims of any other person. The right to\nappeal is more limited in arbitration than in court and other rights in court may be unavailable\nor limited in arbitration.\nClaims Subject to Arbitration. A \xe2\x80\x9cClaim\xe2\x80\x9d subject to arbitration is any claim, dispute or controversy\nbetween You and us (other than an Excluded Claim or Proceeding as set forth below), whether\npreexisting, present or future, which arises out of or relates to the Account, these rules and\nregulations, any transaction conducted with us in connection with the Account or these rules and\nregulations, or our relationship. \xe2\x80\x9cClaim\xe2\x80\x9d has the broadest possible meaning and includes initial\nclaims, counterclaims, cross-claims, third- party claims and federal, state, local and administrative\nclaims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional\ntorts, constitution, statute, regulation, ordinance, common law and equity and includes claims\nfor money damages and injunctive or declaratory relief. \xe2\x80\x9cClaim\xe2\x80\x9d also includes disputes concerning\ncommunications involving telephones, cell phones, automatic dialing systems, artificial or\nprerecorded voice messages, text messages, emails or facsimile machines and alleged violations of\nthe Telephone Consumer Protection Act and other statutes or regulations involving telemarketing.\nUpon the demand of You or us, Claim(s) will be resolved by individual (not class or class-wide)\nbinding arbitration in accordance with the terms specified in this arbitration agreement.\nSpecial Definition of \xe2\x80\x9cWe,\xe2\x80\x9d \xe2\x80\x9cUs\xe2\x80\x9d and \xe2\x80\x9cOur.\xe2\x80\x9d Solely for purposes of this arbitration agreement, the\nterms \xe2\x80\x9cwe,\xe2\x80\x9d \xe2\x80\x9cus\xe2\x80\x9d and \xe2\x80\x9cour,\xe2\x80\x9d in addition to the meanings set forth in these rules and regulations,\nalso refer to SunTrust\xe2\x80\x99s employees, officers, directors, parents, controlling persons, subsidiaries,\naffiliates, successors and assigns. \xe2\x80\x9cWe,\xe2\x80\x9d \xe2\x80\x9cus\xe2\x80\x9d and \xe2\x80\x9cour\xe2\x80\x9d also apply to third parties if You assert a\nClaim against such third parties in connection with a Claim You assert against us.\nExcluded Claim or Proceeding. Notwithstanding the foregoing, \xe2\x80\x9cClaim\xe2\x80\x9d does not include any\ndispute or controversy about the validity, enforceability, coverage or scope of this arbitration\nagreement or any part thereof (including, without limitation, the Class Action Waiver set forth\nbelow, this sentence, and/or the last sentence of the Survival and Severability paragraph below); all\nsuch disputes or controversies are for a court and not an arbitrator to decide. However, any dispute\nor controversy that concerns the validity or enforceability of the rules and regulations as a whole is\nfor the arbitrator, not a court, to decide. In addition, the following claims or proceedings will not be\nsubject to this arbitration agreement: (1) any individual action brought by You or us in small claims\ncourt or Your state\xe2\x80\x99s equivalent court, unless such action is transferred, removed, or appealed to\na different court; (2) the exercising of any self-help rights, including set-off as described in the\nparagraph below titled \xe2\x80\x9cRight of Offset and Security Interest,\xe2\x80\x9d or (3) any individual action in court\nby one party that is limited to preventing the other party from using a self- help remedy and that\ndoes not involve a request for damages or monetary relief of any kind. The institution and/or\nmaintenance of any such right, action or litigation shall not constitute a waiver of the right of either\nof the parties to compel arbitration regarding any other dispute subject to arbitration pursuant to\nthis arbitration agreement. Moreover, this arbitration agreement will not apply to any Claims that\nare the subject of (a) a class action filed in court that is pending as of the effective date of this\narbitration agreement in which You are alleged to be a member of the putative class (however, You\nand we will continue to be bound by any prior version of this arbitration agreement), or (b) a motion\nto compel arbitration filed by us against You before the effective date of this arbitration agreement\npursuant to a prior version of this arbitration agreement (however, You and we will continue to be\nbound by any prior version of this arbitration agreement).\nFederal Arbitration Act. Notwithstanding any choice of law or other provision in these rules and\nregulations, the parties agree and acknowledge that this agreement evidences a transaction\ninvolving interstate commerce and that the Federal Arbitration Act (Title 9 of the United States\nCode) (\xe2\x80\x9cFAA\xe2\x80\x9d) shall govern its interpretation and enforcement and proceedings pursuant thereto.\nTo the extent state law is applicable under the FAA, the law of the state governing Your account\nrelationship with us shall apply.\n\n14\n\n\x0cArbitration Class Action Waiver. Notwithstanding any other provision of these rules and regulations,\nif either You or we elect to arbitrate a Claim, neither You nor we will have the right: (a) to\nparticipate in a class action, private attorney general action or other representative action in court\nor in arbitration, either as a class representative or class member; or (b) to join or consolidate\nClaims with claims of any other persons. No arbitrator shall have authority to conduct any\narbitration in violation of this provision. (Provided, however, that the Class Action Waiver does not\napply to any lawsuit or administrative proceeding filed against us by a state or federal government\nagency even when such agency is seeking relief on behalf of a class of borrowers including You.\nThis means that we will not have the right to compel arbitration of any claim brought by such an\nagency).\nArbitration Procedures. If You or we elect to arbitrate a Claim, the electing party must notify the\nother party in writing. This notice can be given after the beginning of a lawsuit and can be given in\npapers filed in the lawsuit. Otherwise, Your notice must be sent to SunTrust Bank Legal Department,\nAttn: General Counsel- Arbitration Election, Mail Code 0643, 303 Peachtree Street, N.E., 9th Floor,\nAtlanta, Georgia 30308, and our notice must be sent to the most recent address for You in our\nfiles. Any arbitration hearing that You attend must take place in a venue reasonably convenient\nto You. If a party files a lawsuit in court asserting Claim(s) that are subject to arbitration and the\nother party files a motion to compel arbitration with the court which is granted, it will be the\nresponsibility of the party prosecuting the Claim(s) to commence the arbitration proceeding with\nan arbitration administrator in accordance with this arbitration agreement and the administrator\xe2\x80\x99s\nrules and procedures. Even if all parties have opted to litigate a Claim in court, You or we may elect\narbitration with respect to any Claim made by a new party or any Claim later asserted by a party\nin that or any related or unrelated lawsuit (including a Claim initially asserted on an individual\nbasis but modified to be asserted on a class, representative or multi-party basis). Nothing in that\nlitigation shall constitute a waiver of any rights under this arbitration agreement.\nThe arbitration will be administered by JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614, www.\njamsadr.com, 1-800-352-5267. The rules and forms of JAMS may be obtained by writing to JAMS\nat the address listed above or visiting their website. If JAMS is unable or unwilling to serve as\nadministrator, the parties may agree upon another administrator or, if they are unable to agree,\na court shall determine the administrator. No company may serve as administrator, without the\nconsent of all parties, if it adopts or has in place any formal or informal policy that is inconsistent\nwith and purports to override the terms of this arbitration agreement. The arbitration will proceed\nin accordance with this arbitration agreement and the administrator\xe2\x80\x99s rules and procedures in effect\nat the time of commencement of the arbitration including any expedited procedures but in the\nevent of a conflict, the provisions of this arbitration agreement shall control.\nA single arbitrator will be appointed by the administrator and, unless You and us agree otherwise,\nmust be a practicing attorney with ten or more years of experience or a retired judge. The\narbitrator will not be bound by judicial rules of procedure and evidence that would apply in a\ncourt, nor by state or local laws that relate to arbitration provisions or proceedings. The arbitrator\nwill honor and enforce statutes of limitation and claims of privilege recognized under applicable\nlaw. In determining liability or awarding damages or other relief, the arbitrator will follow the\napplicable substantive law, consistent with these rules and regulations and the FAA, that would\napply if the matter had been brought in court. The arbitrator may award any damages or other\nrelief or remedies that would apply under applicable law to an individual action brought in court.\nFor Claim(s) that total less than $75,000 and at Your written request, we will pay all filing, hearing\nand/or other fees charged by the administrator and arbitrator to You for Claim(s) asserted by You\nin arbitration after You have paid an amount equivalent to the fee, if any, for filing such Claim(s)\nin state or federal court (whichever is less) in the judicial district in which You reside. If You have\nalready paid a filing fee for asserting the Claim(s) in court, You will not be required to pay that\namount again. In addition, the administrator may have a procedure whereby You can seek a waiver\nof fees charged to You by the administrator and arbitrator. We will always pay any fees or expenses\nthat we are required to pay by law or the administrator\xe2\x80\x99s rules or that we are required to pay for\nthis arbitration agreement to be enforced. The arbitrator will have the authority to award attorneys\nand expert witness fees and costs to the extent permitted by either these rules and regulations, the\nadministrator\xe2\x80\x99s rules or applicable law. The arbitrator shall award You Your reasonable attorneys\xe2\x80\x99\nand expert witness fees and costs (a) if and to the extent You prevail on Claim(s) You assert against\nus in an individual arbitration commenced by You, or (b) to the extent required under applicable law\nfor this arbitration agreement to be enforced. The arbitrator shall write a brief explanation of the\ngrounds for the decision. A judgment on the award may be entered by any court having jurisdiction.\n\n15\n\n\x0cSurvival and Severability. This arbitration agreement shall survive the closing of Your Account\nand the termination of any relationship between us, including the termination of these rules and\nregulations. If any part of this arbitration agreement is deemed or found to be unenforceable for\nany reason, the remainder shall be enforceable, except that: (a) The parties to these rules and\nregulations acknowledge that the Class Action Waiver is material and essential to the arbitration\nof any disputes between the parties and is non severable from this arbitration agreement. If the\nClass Action Waiver is limited, voided or found unenforceable as to any Claim(s), then the parties\xe2\x80\x99\narbitration agreement (except for this sentence) shall be null and void with respect to such Claim(s)\n(but not as to any other Claim(s) that have been or are later brought), subject to the right to appeal\nthe limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that\nunder no circumstances will a class action be arbitrated; and (b) If a Claim is brought seeking public\ninjunctive relief and a court determines that the restrictions in the paragraph titled \xe2\x80\x9cClass Action\nWaiver\xe2\x80\x9d or elsewhere in this agreement prohibiting the arbitrator from awarding relief on behalf of\nthird parties are unenforceable with respect to such Claim (and that determination becomes final\nafter all appeals have been exhausted), the Claim for public injunctive relief will be determined\nin court and any individual Claims seeking monetary relief will be arbitrated. In such a case the\nparties will request that the court stay the Claim for public injunctive relief until the arbitration\naward pertaining to individual relief has been entered in court. In no event will a Claim for public\ninjunctive relief be arbitrated.\nEffect of Arbitration Award. The arbitrator\xe2\x80\x99s award shall be final and binding on all parties, except\nfor any right of appeal provided by the FAA. However, if the amount of the Claim exceeds $150,000\nor involves a request for injunctive or declaratory relief that could foreseeably involve a cost or\nbenefit to either party exceeding $150,000, any party can, within thirty (30) days after the entry\nof the award by the arbitrator, appeal the award to a three- arbitrator panel administered by the\nAdministrator. The panel shall reconsider anew any aspect of the initial award requested by the\nappealing party. The decision of the panel shall be by majority vote. Reference in this arbitration\nprovision to \xe2\x80\x9cthe arbitrator\xe2\x80\x9d shall mean the panel if an appeal of the arbitrator\xe2\x80\x99s decision has been\ntaken. The costs of such an appeal will be borne in accordance with the above paragraph titled\n\xe2\x80\x9cArbitration Procedures.\xe2\x80\x9d Any final decision of the appeal panel is subject to judicial review only as\nprovided under the FAA. No arbitration award involving the parties will have any preclusive effect\nas to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will\nan arbitration award in prior disputes involving other parties have preclusive effect in an arbitration\nbetween the parties to this agreement.\nNotice and Cure; Special Payment. Prior to initiating a Claim, You may give us a written Claim\nNotice describing the basis of Your Claim and the amount You would accept in resolution of the\nClaim, and a reasonable opportunity, not less than thirty (30) days, to resolve the Claim. Such\na Claim Notice must be sent to us by certified mail, return receipt requested, at SunTrust Bank\nLegal Department, Attn: General Counsel- Claim Notice, Mail Code 0643, 303 Peachtree Street,\nN.E., 9th Floor, Atlanta, Georgia 30308. This is the sole and only method by which You can submit\na Claim Notice. If (i) You submit a Claim Notice in accordance with this Paragraph on Your own\nbehalf (and not on behalf of any other party); (ii) You cooperate with us by promptly providing the\ninformation we reasonably request; (iii) we refuse to provide You with the relief You request; and\n(iv) the matter then proceeds to arbitration and the arbitrator subsequently determines that You\nwere entitled to such relief (or greater relief), You will be entitled to a minimum award of at least\n$7,500 (not including any arbitration fees and attorneys\xe2\x80\x99 fees and costs to which You will also be\nentitled). We encourage You to address all Claims You have in a single Claim Notice and/or a single\narbitration. Accordingly, this $7,500 minimum award is a single award that applies to all Claims\nYou have asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not\ncontemplated.\n\n16\n\n\x0cRight to Reject Arbitration Agreement. You may reject this arbitration agreement and therefore\nnot be subject to being required to resolve any claim, dispute or controversy by arbitration. To\nreject this arbitration agreement, You and only You personally, must send us written notice of Your\ndecision so that we receive it at the address listed below within forty-five (45) days of the opening\nof Your Account. Such notice must include a statement that You wish to reject the arbitration\nagreement section of these rules and regulations along with Your name, address, Account name,\nAccount number and Your signature and must be mailed to the SunTrust Bank Legal Department,\nAttn: Arbitration Rejection, P.O. Box 4418, Mail Code 0643, Atlanta, GA 30302-4418. This is the sole\nand only method by which You can reject this arbitration agreement and any attempt to reject\nthis arbitration agreement by any other person or through any other method or form of notice,\nincluding the filing of a lawsuit, will be ineffective. You agree that Your rejection of this arbitration\nagreement shall not be imputed to any other person or entity or be deemed to be a rejection of\nthis arbitration agreement by any person or entity other than You. Nor shall Your rejection of this\narbitration agreement eliminate the obligation of other persons or entities who wish to reject\nthis arbitration agreement to personally comply with the notice and time requirements of this\nparagraph. Rejection of this arbitration agreement will not affect any remaining terms of these\nrules and regulations and will not result in any adverse consequence to You or Your Account. You\nagree that our business records will be final and conclusive with respect to whether You rejected\nthis arbitration agreement in a timely and proper fashion. This arbitration agreement provision\nwill apply to You and us and to Your Account unless You reject it by providing proper and timely\nnotice as stated herein.\nYour Billing Rights\nKeep this notice for future use. It informs You about Your rights and SunTrust\xe2\x80\x99s responsibilities\nunder the Fair Credit Billing Act.\nWhat to do if You find a mistake on Your Statement\n\xe2\x80\xa2 If You think there is an error on Your Statement, write SunTrust at:\n\xe2\x97\xa6 SunTrust Bank\nCardholder Services, P.O. Box 620548, Orlando, FL 32862-0548\nAttn: Dispute Department\n\xe2\x80\xa2 In Your letter, give SunTrust the following information:\n\xe2\x97\xa6 Account information: Your name and Account number\n\xe2\x97\xa6 Dollar amount: The amount of the suspected error\n\xe2\x97\xa6 Description of problem: If You think there is an error on Your Statement, describe what You\nbelieve is wrong and why You believe it is a mistake.\n\xe2\x80\xa2 You must contact SunTrust:\n\xe2\x97\xa6 Within 60 days after the error appeared on Your statement.\n\xe2\x97\xa6 At least 3 business days before an automated payment is scheduled, if You want to stop\npayment on the amount You think is wrong.\n\xe2\x80\xa2 You must notify SunTrust of any potential errors in writing. You may also call SunTrust, but\nSunTrust is not required to investigate any potential errors and You may have to pay the amount\nin question unless You provide written notice of the suspected error.\n\n17\n\n\x0cWhat will happen after SunTrust receives Your letter\n\xe2\x80\xa2 When SunTrust receives Your letter, SunTrust must do two things:\n\xe2\x97\xa6 Within 30 days of receiving Your letter, SunTrust must inform You that SunTrust received Your\nletter; SunTrust will also inform You if SunTrust has already corrected the error.\n\xe2\x97\xa6 Within 90 days after receiving Your letter, SunTrust must either correct the error or explain to\nYou why SunTrust believes the bill is correct.\n\xe2\x80\xa2 While SunTrust investigates whether or not there has been an error:\n\xe2\x97\xa6 SunTrust may not (1) attempt to collect the amount in question or (2) report You as delinquent\non that amount;\n\xe2\x97\xa6 The charge in question may remain on Your Statement, and SunTrust may continue to charge\nYou interest on that amount;\n\xe2\x97\xa6 While You do not have to pay the amount in question, You are responsible for the remainder of\nYour Balance; and\n\xe2\x97\xa6 SunTrust may apply any unpaid amount against Your Credit Limit.\n\xe2\x80\xa2 After SunTrust finishes the investigation, one of two things will happen:\n\xe2\x97\xa6 If SunTrust made a mistake, You will not have to pay the amount in question or any interest or\nother fees related to that amount; or\n\xe2\x97\xa6 If SunTrust does not believe there was a mistake, You will have to pay the amount in question,\nalong with applicable interest and fees; SunTrust will send You a statement of the amount You\nowe and the date payment is due; and SunTrust may then report You as delinquent if You do\nnot pay the amount SunTrust states that You owe.\n\xe2\x80\xa2 If You receive SunTrust\xe2\x80\x99s explanation but still believe Your bill is wrong, You must write to\nSunTrust within 10 days telling SunTrust that You still refuse to pay. If You do so, SunTrust cannot\nreport You as delinquent without also reporting that You are questioning Your bill. SunTrust must\ntell You the name of anyone to whom SunTrust reported You as delinquent, and SunTrust must\nlet those organizations know when the matter has been settled between SunTrust and You.\n\xe2\x80\xa2 If SunTrust does not follow all of the rules above, You do not have to pay the first $50 of the\namount You question even if Your bill is correct.\nYour rights If You are dissatisfied with a Purchase\n\xe2\x80\xa2 If You are dissatisfied with the goods or services that You Purchase with Your Card/Account, and\nYou have tried in good faith to correct the problem with the merchant, You may have the right\nnot to pay the remaining amount due on the Purchase. To use this right, all of the following must\nbe true:\n\xe2\x97\xa6 The Purchase must have been made in Your home state or within 100 miles of Your current\nmailing address, and the purchase price must have been more than $50. (Note: Neither of these\nconditions applies if Your Purchase was based on an advertisement SunTrust mailed to You, or\nif SunTrust owns the company that sold You the goods or services.)\n\xe2\x97\xa6 You must have used Your Card for the Purchase. Purchases made with cash advances from an\nATM or with a check that accesses Your Account do not qualify.\n\xe2\x97\xa6 You must not yet have fully paid for the Purchase.\n\xe2\x80\xa2 If all of the criteria above are met and You are still dissatisfied with the purchase, contact\nSunTrust in writing at:\n\xe2\x97\xa6 SunTrust Bank\nCardholder Services, P.O. Box 620548, Orlando, FL 32862-0548\nAttn: Dispute Department\nWhile SunTrust investigates, the same rules apply to the disputed amount as discussed above. After\nSunTrust finishes the investigation, SunTrust will tell You SunTrust\xe2\x80\x99s decision. At that point, if\nSunTrust thinks You owe an amount and You do not pay, SunTrust may report You as delinquent.\n\n18\n\n\x0cDefinitions\nAccount \xe2\x80\x93 The credit card Account(s) SunTrust approves for Your use that is/are subject to the terms\nand conditions of this Agreement.\nAgreement \xe2\x80\x93 Your Card Account Agreement with SunTrust for the Account, which contract is made\nup of these terms and conditions, Your application or response to SunTrust\xe2\x80\x99s solicitation, and the\ndocuments that accompany delivery of Your Card (Card Mailer).\nAPR (Annual Percentage Rate) \xe2\x80\x93 The cost of Your Credit as a yearly rate. Different APRs may apply\nto different Balances on Your Account, such as Your Balance on Purchases or Your Balance on Cash\nAdvances. SunTrust uses the applicable APR to calculate the Interest Charge that You owe on the\nAccount. The Card Mailer discloses applicable APRs and whether the Account is subject to a Variable\nor Non-Variable APR.\nNon-Variable APR \xe2\x80\x93 The DPR subject to the Non-Variable Rate will be based on an APR that does\nnot vary with changes in an Index Rate. The Card Mailer discloses the APR for the Non-Variable\nRate as of the date Your Account was opened.\nVariable APR \xe2\x80\x93The variable APR will be based on the Index Rate plus a Margin. The Card Mailer\ndiscloses the APR for the Variable Rate. An increase in the Index Rate may result in a higher\nMinimum Payment.\nAssign \xe2\x80\x93 SunTrust Assigns Your Account and this Agreement if SunTrust sells or transfers to another\nparty any or all of SunTrust\xe2\x80\x99s rights or obligations under this Agreement, including any amount\nthat You owe SunTrust on the Account. If SunTrust Assigns Your Account, the party who receives\nthe assignment will have SunTrust\xe2\x80\x99s rights under this Agreement, subject to the extent of the\nassignment.\nAuthorized Charges \xe2\x80\x93 Any Purchases, Balance Transfers, Cash Advances, Overdraft Advances, and\nPromotional Balances that You or any Authorized User makes on the Account and any fees and\nInterest Charges owing on the Account.\nAuthorized User \xe2\x80\x93 Any person You authorize to use the Card (whether Cardholder or not and\nwhether or not such use exceeds the limit You authorized or intended).\nAverage Daily Balance \xe2\x80\x93 To get the Average Daily Balance, SunTrust adds the outstanding Balance\n(including new transactions and deducting payments and credits) for each transaction type for each\nday in the Billing Period; SunTrust adds together all the daily Balances for each separate transaction\ntype, and then divides by the number of days in the Billing Period.\nBalance \xe2\x80\x93 Every charge on the Account, including transactions that You make and Interest Charges\nand fees that SunTrust assesses, falls into a specific Balance, such as the Balance on Purchases,\nBalance Transfers, Cash Advances, Overdraft Advances, and Promotional Balances. Fees that are\nbased on a specific transaction are assigned to the same Balance as the applicable transaction.\nFor example, a cash advance fee on a Purchase is assigned to the Balance on Purchases. Fees that\nare not specific to a given transaction with the Card (like a Returned Payment) are assigned to the\nBalance on Purchases.\nBalance Transfer \xe2\x80\x93 Credit SunTrust extends resulting from a Balance Transfer that You request\nby any means (including telephone, Convenience Check, or Balance Transfer request form that\nSunTrust provides). SunTrust\xe2\x80\x99s policy is not to allow You to transfer any Balance You owe from any\nother account with SunTrust or SunTrust\xe2\x80\x99s respective affiliates. SunTrust may permit You to transfer\nbalances from other credit card companies or financial institutions to Your Account up to the amount\nof Your Credit Limit. If You request an amount that SunTrust does not approve, SunTrust may process\na partial Balance Transfer for less than the amount that You requested or SunTrust may decline the\nentire request. SunTrust is not liable if SunTrust does not approve a requested Balance Transfer (in\nwhole or in part). Balance Transfer requests that are incomplete or illegible will not be approved.\nSunTrust reserves the right to make Balance Transfers in the order SunTrust selects. In order to\npreserve Your dispute rights, You should not transfer balances from other credit card companies or\nfinancial institutions if those balances are in dispute. You should allow up to 8 weeks for Balance\nTransfers to be completed. You should continue to monitor the other accounts and continue to pay\nthe minimum payment due on those accounts until You receive statements from those creditors\nshowing that the balances have been paid in full. This confirmation may not happen until after the\ntransactions appear on the Statement SunTrust sends You. You are solely responsible for any late\npayments, ongoing finance charges and disputed amounts on Your other accounts. If You want Your\nother accounts closed following a Balance Transfer, You are responsible for doing so.\n\n19\n\n\x0cBilling Period \xe2\x80\x93 The time interval between the dates of Your regular billing Statements. Your first\nBilling Period may be less than one month. All Credit terms, including Minimum Interest Charges,\nwill apply in each Billing Period including the first Billing Period.\nCard \xe2\x80\x93 Your Card is/are the physical Card(s), the Account number, or any device (such as a check)\nthat You or an Authorized User can use to access Your Account.\nCard Association \xe2\x80\x93 the applicable credit card association through which Your Card Account is\nsponsored (e.g., Visa\xc2\xae or MasterCard\xc2\xae).\nCardholder \xe2\x80\x93 The natural person to whom SunTrust issues a Card at his/her request or\napplication, or a natural person who has agreed to pay obligations arising from another person\xe2\x80\x99s\nuse of the Card or Account.\nCard Mailer \xe2\x80\x93 the mail that delivers Your Card and includes Your Agreement and other terms\nassociated with Your Card Account when SunTrust sends Your Card to You.\nCash Advance \xe2\x80\x93 Credit SunTrust extends to You in the form of a loan from the Account. A Cash\nAdvance occurs when You: (1) obtain cash from an ATM (automated teller machine), (2) obtain\ncash from any other source, (3) make a wire transfer, (4) buy foreign currency, (5) buy traveler\xe2\x80\x99s\nchecks, (6) buy money orders, (7) buy lottery tickets, or (8) buy gambling chips or wagers.\nCash Advance Credit Limit \xe2\x80\x93 The maximum amount of Credit that SunTrust establishes from\ntime to time and makes available to You on the Account for Cash Advances. Any Cash Advance\nCredit Limit SunTrust establishes may be less than the Credit Limit that otherwise applies to Your\nAccount. The Cash Advance Credit Limit is stated on the Card Mailer.\nCash Equivalent Transactions \xe2\x80\x93 Transactions performed using a merchant or service provider that\nVisa\xc2\xae or MasterCard\xc2\xae identifies as a seller of travelers checks, foreign currency, money orders,\nwire transfers, lottery tickets, funds used for wagers or gambling, or similar products or services.\nThese transactions are treated as Cash Advances on Your Account.\nClosing Date \xe2\x80\x93 The last day of a Billing Period.\nConvenience Check \xe2\x80\x93 A check that the Bank provides which You may use to access Your Account\nto make a Purchase or a Balance Transfer.\nCovered Provider \xe2\x80\x93 means any third party that provides any product or service in connection\nwith the Credit if (and only if) You assert a Claim against such third party in connection with a\nClaim You assert against SunTrust.\nCredit \xe2\x80\x93 means the credit extension You receive under this Agreement. Credit Limit \xe2\x80\x93 Your Credit\nLimit will appear on each monthly Statement.\nFor Accounts with Spending Limits: The maximum amount of Credit that SunTrust establishes\nfrom time to time and makes available to You on the Account.\nFor Accounts with no Pre-Set Spending Limits: No pre-set spending limit does not mean\nunlimited spending. Your Account will be assigned a revolving Credit Limit. SunTrust may restrict\nthe amount of Your Credit Limit that is available for Balance Transfers. For Cash Advances,\nYou may only spend up to Your assigned Cash Advance Credit Limit. For Purchases, You may\nbe authorized to exceed Your assigned Credit Limit. Each transaction You make is authorized\nbased on factors such as (1) Your Account history; (2) credit record; (3) absence or presence\nof suspected fraud; and (4) performance and delinquency patterns. If You attempt to make a\nPurchase transaction that exceeds your Credit Limit, Your Account will be evaluated based\nupon the length of time Your Account has been open and Account usage, performance and\ndelinquency patterns or presence of suspected fraud; and (4) performance and delinquency\npatterns. If You attempt to make a Purchase transaction that exceeds your Credit Limit,\nYour Account will be evaluated based upon the length of time Your Account has been open\nand Account usage, performance and delinquency patterns with SunTrust or with Your other\ncreditors, and Your ability to pay. In certain circumstances, SunTrust may ask for additional\nfinancial records to authorize a transaction. If You are authorized to exceed Your Credit Limit,\nYou will be required to pay, as part of your Minimum Payment, the amount by which Your\nNew Balance exceeds Your Credit Limit. SunTrust encourages You to provide us with notice of\nforthcoming unusual activity, such as, high transaction amounts, high velocity, or changes in\ngeographic patterns.\n\n20\n\n\x0cDefault \xe2\x80\x93 Subject to applicable law and any right that You may have under that law, SunTrust may\nrequire immediate payment of Your entire Account Balance and You will be in Default if (1) You\ndo not make at least the Minimum Payment on or before the payment Due Date, (2) a Cardholder\nor Authorized User exceeds or tries to exceed the Credit Limit without SunTrust\xe2\x80\x99s permission,\n(3) A payment You make is rejected or cannot be processed, (4) SunTrust reasonably believes\nthat a Cardholder\xe2\x80\x99s ability to pay SunTrust is materially impaired (for example, if You become\nsubject to bankruptcy or insolvency proceedings or if an attachment or garnishment proceedings\nare instituted against You or Your property), (5) You provide SunTrust with false, misleading or\nfraudulent information or a false signature, (6) a Cardholder dies or is legally declared incompetent\nor incapacitated, (7) You fail to comply with any provision of this Agreement, (8) You or an\nAuthorized User makes illegal use of any financial service under the Account or (9) You or an\nAuthorized User continues to use an Account or Card that has been closed.\nDelinquency Triggering Event \xe2\x80\x93 A Delinquency Triggering Event occurs if You fail to make a\nMinimum Payment within 60 days of its payment Due Date.\nDPR (Daily Periodic Rate) \xe2\x80\x93 the daily periodic rate is calculated from the applicable APR. The\nDPR is equal to the applicable APR divided by 365 (or 366 in a leap year). SunTrust may use\nDPR to calculate the Interest Charge as described in this Agreement. Interest Charges resulting\nfrom the application of DPRs will accrue daily and be calculated on the Average Daily Balances\n(including new transactions) for each Account feature (Purchases, Cash Advances, Balance\nTransfers, Overdraft Advances, and Promotional Balances).\nDue Date \xe2\x80\x93 This is the date by which SunTrust must receive Your payment in order for it to be on\ntime. Your Due Date will be stated on Your Statement. It will occur on the same calendar day of\neach month. It will be at least 21 days after the date SunTrust mails Your Statement and at least\n25 days after the end of Your most recently concluded Billing Period (Closing Date). To be timely,\nSunTrust must receive Your payment on or before the Due Date and by the time stated on Your\nStatement. If no time is stated on Your Statement, Your payment is timely if SunTrust receives\nit by 5:00 p.m. Eastern Time on the Due Date; provided, however, that if You make a payment\ndirectly to SunTrust personnel at a SunTrust branch, Your payment will be credited to Your\nAccount same day as the day of the payment. Payments initiated through SunTrust\xe2\x80\x99s automated\ntelephone service, with a customer service representative, or via SunTrust\xe2\x80\x99s web site will be\nsubject to the 5:00 p.m. payment cut-off time.\nCrediting of Payments to Account: Payments that SunTrust receives prior to 5:00 p.m. Eastern\nTime at the mailing address shown on the front of Your Statement and in the Standard Payment\nInstructions will be credited to Your Account as of the date of receipt. Payments that SunTrust\nreceives after 5:00 p.m. Eastern Time will be credited as of the next day, unless You make the\npayment directly to SunTrust personnel at a SunTrust branch after 5:00 p.m., as stated above.\nIf SunTrust accepts a payment received at any other location than the address stated in Your\nStatement and in the Standard Payment Instructions, with no payment coupon enclosed, or that\ndoes not conform to the Standard Payment Instructions, that payment may be subject to a delay\nin crediting of up to 5 days after the date of receipt. This delay may result in additional Interest\nCharges, Other Charges, and possible suspension of Your Account. Payments initiated through\nSunTrust\xe2\x80\x99s automated telephone service (if available) or via SunTrust\xe2\x80\x99s web site will be subject to\nthe 5:00 p.m. payment cut-off time.\nGrace Period \xe2\x80\x93 The time period during which You may avoid paying interest on certain\ntransactions. As stated in the Card Mailer, the Grace Period is at least 25 days after the close of\neach Billing Period. This Agreement defines the kinds of transactions that are subject to a Grace\nPeriod (See Interest Charges and Transaction Fees Section). If a particular transaction is subject\nto a Grace Period, Your Account starts in a Grace Period for that transaction. The Grace Period\nwill continue if You pay Your New Balance on time each Billing Period. You will lose the Grace\nPeriod if You do not pay Your New Balance in a given Billing Period. To regain Your Grace Period\nafter You lose it, You must pay Your New Balance on time for 1 Billing Period. If You lose Your\nGrace Period for transactions to which the Grace Period previously applied, You will owe interest\non any unpaid Balance. Interest on those transactions will begin to accrue from the end of the\nBilling Period for which You failed to pay Your New Balance. For any such transactions that You\nmake after You lose Your Grace Period, You will pay interest from the Transaction Date until the\ntime that You regain the Grace Period for transactions of this type.\n\n21\n\n\x0cIndex Rate \xe2\x80\x93 The rate used for making variable rate adjustments to Your APR. The Index Rate\nis the Prime Rate as quoted in the \xe2\x80\x9cMoney Rates\xe2\x80\x9d section of The Wall Street Journal (Eastern\nEdition) on the 28th day (or if the 28th day is not a business day, the next business day thereafter)\nof the prior calendar month. If The Wall Street Journal (Eastern Edition) is not published or the\nPrime Rate is not given on any of these dates, then the Index Rate will be determined by using\nthe immediately preceding published Prime Rate for such date. If the Prime Rate is no longer\navailable, SunTrust will choose a new index and notify You as required by applicable law. Index\nRate changes will be effective on Your Billing Period that commences on or after the first day of\nthe next succeeding month after the Index Rate is published. (For example, if a new Index Rate\nis published on June 28th, the new APR would be effective as of the first day of the Billing Period\nthat commences July 1 or after). An Index Rate increase will increase the applicable APR, which\nmay increase Your Minimum Payment.\nInterest Charge \xe2\x80\x93 The cost of Your Credit on the Account as a dollar amount that SunTrust derives\nby applying Your DPR to the Average Daily Balance.\nItems \xe2\x80\x93 Statements, sales drafts and/or payment instruments.\nJoint Ownership Considerations \xe2\x80\x93 If a deposit Account (i.e. Protected Account) is jointly\nowned, any owner of BOTH the deposit Account AND the Credit Card Account (i.e. the Protector\nAccount) may enroll in overdraft protection without the consent of the other owners of that\ndeposit Account. However, any owner of either the deposit Account OR Credit Card Account\nmay cancel overdraft protection without the consent of other owners. If a jointly owned deposit\nAccount is enrolled in overdraft protection: (i) all deposit Account holders will be responsible\nfor all overdraft protection advances regardless of which person writes a check or initiates a\ntransaction that causes an overdraft (e.g. as a debit Card Purchase); and (ii) all deposit Account\nholders authorize us to share information about the Protected Account with each owner of\nProtector Account, such as type of Account and partial Account number. We reserve the right to\ncancel, suspend, or change the terms or conditions of Your overdraft protection service at any\ntime, for any reason.\nLate Payment \xe2\x80\x93 A payment that You make that SunTrust does not receive before the Due Date.\nMargin \xe2\x80\x93 The rate added to the Index Rate to determine Your APR.\nMinimum Payment \xe2\x80\x93 The Minimum Payment due on Your Account as shown on Your Statement.\nNew Balance \xe2\x80\x93 The entire Balance of Purchases, Cash Advances, Overdraft Advances, Balance\nTransfers and any Promotional Balances outstanding on Your Account on the Closing Date, plus all\naccrued Interest Charges and Other Charges as of such date.\nNotice Address for Arbitration \xe2\x80\x93 means, except as otherwise specified in the Arbitration\nProvision, the address that must be used for giving notices under the Provision. The initial Notice\nAddress for You is the latest address SunTrust has in SunTrust\xe2\x80\x99s files. The initial Notice Address for\nSunTrust is: SunTrust Bank Legal Department, Attention: General Counsel \xe2\x80\x93 Arbitration Election,\n303 Peachtree Street N.E., Suite 3600, Mail Code 0643, Atlanta, Georgia 30308, although SunTrust\nmay give You notice at any time that SunTrust has changed SunTrust\xe2\x80\x99s Notice Address.\nOther Charges \xe2\x80\x93 Charges to Your Account as described in the Other Charges Section of this\nAgreement, including fees for: Late Payments*, Annual Fee, Returned Payments*, Stop\nPayments*, Documentation*, and Phone Payments*. *SunTrust will consider reversal of\nthese Other Charges fees on open Accounts in good standing if circumstances warrant such\nconsideration, such as claims of Bank errors and other mitigating factors.\nOverdraft Advance \xe2\x80\x93 Credit SunTrust extends to You in the form of a loan from the Account to\ncover an overdraft on a deposit account that You designate at SunTrust. You must enroll in the\nSunTrust overdraft protection program to receive this form of Credit.\nPromotional Balance \xe2\x80\x93 Credit SunTrust extends for an introductory and other designated\nPurchase or Balance Transfer transaction, subject to discounted fees and/or a different DPR\nthan your standard DPR for Purchases. Your use of a Promotional Offer from SunTrust results in a\nPromotional Balance.\nPromotional Rate \xe2\x80\x93 The DPR applied to Promotional Balances.\nProtected Account \xe2\x80\x93 An eligible SunTrust Consumer Checking Account, Savings Account, or\nMoney Market Savings Account linked to this SunTrust Consumer Credit Card for overdraft\nprotection.\nProtector Account \xe2\x80\x93 Your SunTrust Consumer Credit Card Account.\n\n22\n\n\x0cPurchase \xe2\x80\x93 Credit SunTrust extends to You when You or an Authorized User (1) use(s) the Card\nor Account to purchase goods, labor, insurance or services through sellers and lessors that honor\nYour Card or Account for the purpose of completing a Purchase or (2) use(s) a Convenience Check\nor other Credit instrument that SunTrust provides for You to make a Purchase.\nReturned Payment \xe2\x80\x93 A payment that You make that Your financial institution does not honor. If\nYou have a Returned Payment, SunTrust will assess a fee in accordance with the terms of this\nAgreement. If SunTrust resubmits a Returned Payment and Your financial institution subsequently\nhonors it, SunTrust will still assess a Returned Payment fee because Your financial institution\noriginally returned the payment as unpaid. If Your financial institution returns a payment more\nthan once, SunTrust will not charge more than one Returned Payment fee. If You make a new\npayment to SunTrust, however, and Your financial institution does not honor it, SunTrust will\nassess an additional Returned Payment fee.\nStandard Payment Instructions \xe2\x80\x93 These instructions require You to pay your credit Card bill as\nfollows. Pay (1) in U.S. dollars, (2) not in cash, unless You pay at one of SunTrust\xe2\x80\x99s branches, (3)\nfrom a U.S. deposit account or cashier\xe2\x80\x99s check drawn on a U.S. financial institution, (4) without\nrestrictive language (e.g., \xe2\x80\x9cpayment in full\xe2\x80\x9d) included or attached to the payment, and (5) not\nfrom a credit account that SunTrust provides You, such as a Convenience Check drawn on this\nAccount. If You make payment in a paper form (like a check, money order, or cashier\xe2\x80\x99s check),\nYou must include the payment coupon from Your Statement or write Your Card Account number\non the payment. If SunTrust decides in the Bank\xe2\x80\x99s discretion to accept a form of payment that\ndoes not meet these Standard Payment Instructions, SunTrust does not waive the Bank\xe2\x80\x99s right to\ncontinue to require payments that comply with these instructions. If SunTrust decides to accept\na payment that You make in a foreign currency, SunTrust will choose the conversion rate to\napply. The date You mail the payment is different from the date the Bank receives the payment.\nThe payment date is the date that the Bank receives Your payment in accordance with these\nStandard Payment Instructions. If You fail to comply with these Standard Payment Instructions,\ncredit to Your Account for the payment may be delayed. This delay may result in additional\nInterest Charges, Other Charges, and possible suspension of Your Account. Contact SunTrust at\n866.732.1683 to inquire about phone pay. Mailed payments should be sent to:\nSunTrust Bank\nCardholder Services\nP.O. Box 791278\nBaltimore, MD 21279-1278\nNOTE: Any disagreement that You may have with respect to charges on Your Statement must be\npresented to SunTrust in writing separately from your payment and to a different address than\nwhere Your payments are sent. (See the \xe2\x80\x9cYour Billing Rights\xe2\x80\x9d Section of this Agreement.)\nStatement \xe2\x80\x93 SunTrust will send You a bill at the end of each Billing Period if Your Account has a\ndebit Balance of any amount or a credit Balance of more than $1, unless SunTrust has decided\nYour Account is uncollectible or has closed or suspended Your Account for collection proceedings\nagainst You. The Statement will tell You the total Balance that You owe the Bank as of the end of\nthe last Billing Period. It will also tell You the Minimum Payment that You must pay the Bank by\nthe stated Due Date.\nSunTrust \xe2\x80\x93 means (1) SunTrust Bank, the bank that is providing You Credit, and will include (2)\nany person(s) to whom the Credit is transferred or assigned; (3) any Covered Provider; (4) the\nparents, controlling persons, subsidiaries and affiliates of the companies in (1)-(3) above; (5) the\nsuccessors and predecessors of the companies in (1)-(4) above; and (6) the officers, directors and\nemployees of the companies in (1)-(5) above. SunTrust may also be referred to as \xe2\x80\x9cthe Bank.\xe2\x80\x9d\nSolely for purposes of the Arbitration Provision contained in this Agreement, the term \xe2\x80\x9cSunTrust\xe2\x80\x9d\nshall also apply to any third parties if You assert a Claim against such third parties in connection\nwith a Claim You assert against SunTrust.\nTermination Date \xe2\x80\x93 This is the last day a Promotional Rate will apply to a Promotional Balance.\nIt will be the earlier of (1) the last day specified in the Promotional Balance offer or (2) the date\nidentified in any notice to You when a Delinquency Triggering Event occurs.\nTransaction Date \xe2\x80\x93 The Transaction Date of a Purchase is the sale date. The Transaction Date\nof a Balance Transfer, Cash Advance, or Overdraft Advance is the date that You request such\na transaction.\nYou, Your and Yours \xe2\x80\x93 means the Cardholder(s).\n1\nThe Personal Deposit Account Fee Schedule is accessible at https://www.suntrust.com/Static/Documents/Personal_Banking/\nDeposit_Account_Disclosures/FSRETAILE.pdf.\n\n23\n\n\x0cThe pricing addendum for SunTrust Private Wealth Management Card is accurate as of June 30, 2021.\nInterest Rates and Interest Charges\nAnnual Percentage Rate\n(APR) for Purchases\n\nPrime Rate + 2.99% to Prime Rate + 6.99%\n\nAPR for Balance Transfers\n\nPrime Rate + 2.99% to Prime Rate + 6.99%\nThis APR will vary with the market based on the Prime Rate.\n\nAPR for Cash Advances\nand Overdraft Advances\n\nPrime Rate + 21.74%\nThis APR will vary with the market based on the Prime Rate.\n\nPaying Interest\n\nYour due date is at least 25 days after the close of each billing cycle. We will not charge you\nany interest on purchases if you pay your entire balance by the due date each month. We\nwill begin charging Interest on Cash Advances and Balance Transfers on the transaction\ndate.\n\nMinimum Interest Charge\n\nIf you are charged interest, the charge will be no less than $0.50.\n\nThis APR will vary with the market based on the Prime Rate.\n\nFees\nAnnual Fee\nTransaction Fees\n\xe2\x80\xa2 Balance Transfer\n\xe2\x80\xa2 Cash Advance\n\n\xe2\x80\xa2 $0 intro annual fee for the first year, $450 thereafter. Annual Fee will be waived if the\n\nprimary account holder is a PWM client.1\n\n\xe2\x80\xa2 $10.00 or 3% of the amount of the transfer, whichever is greater.\n\n\xe2\x80\xa2 $10.00 or 4% of the amount of each advance, whichever is greater.\n\n\xe2\x80\xa2 Foreign Transaction\n\n\xe2\x80\xa2 None\n\nPenalty Fees\n\xe2\x80\xa2 Late Payment\n\xe2\x80\xa2 Return Payment\n\n\xe2\x80\xa2 Up to $39\n\xe2\x80\xa2 Up to $39\n\nHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9caverage daily balance\xe2\x80\x9d (including new transactions).\nth\n\nPrime Rate: We use the prime rate quoted in the \xe2\x80\x9cMoney Rates\xe2\x80\x9d section of The Wall Street Journal on the 28 day (or if the\nth\n28 day is not a business day, the next business day thereafter) of the prior calendar month.\n1 Private Wealth Management (PWM) means the group within SunTrust Bank that provides a full array of wealth management products and professional\nservices to high net worth clients seeking active management of their financial resources. SunTrust Private Wealth Management is a marketing name\nused by SunTrust Bank, SunTrust Banks Trust Company (Cayman) Limited, SunTrust Delaware Trust Company and SunTrust Investment Services,\nInc., which are affiliates of SunTrust Banks, Inc. Banking and trust products and services, including investment management products and services, are\nprovided by SunTrust Bank and its affiliates. Securities, insurance (including annuities) and investment advisory products and services are offered by\nSunTrust Investment Services, Inc., an SEC registered investment adviser and broker-dealer, member FINRA, SIPC, and a licensed insurance agency.\n\nSunTrust Bank, now Truist Bank, Member FDIC. \xc2\xa92020 Truist Financial Corporation. SunTrust\xc2\xae, the SunTrust logo, and Truist are service marks of Truist\nFinancial Corporation. All rights reserved.\n24\n\n\x0c'