b'Open-End Consumer\nCredit Agreements\nAnd Truth In Lending\nDisclosures\n\nEffective June 6, 2014\n\nFEDERALLY INSURED BY\n\n\x0cPATELCO CREDIT UNION\nOPEN-END CONSUMER CREDIT AGREEMENTS AND\nTRUTH IN LENDING DISCLOSURES\nVISA\xc2\xae CREDIT CARDS\nSECURED VISA\xc2\xae CREDIT CARD\nPERSONAL LINE OF CREDIT\nPAY DAY LINE OF CREDIT\nEffective: June 6, 2014\nThis booklet contains agreements and Truth in Lending Disclosures\nthat govern your use of the following Patelco Credit Union open-end\nconsumer credit programs:\nSecured VISA\xc2\xae Classic\nVISA\xc2\xae Gold\nVISA\xc2\xae Platinum\nPersonal Line of Credit\nVISA\xc2\xae Classic\nPay Day Line of Credit\nIn addition to this booklet, you will receive the following documents\nbefore you become obligated, if you have applied and been approved\nfor the relevant credit program:\nVISA\xc2\xae Gold, Platinum and Classic Programs: An account-opening disclosure that\ntells you the interest rate and variable rate formula that will apply\nto your account, fees applicable to your account, your credit limit,\nwhether the account is linked to a Patelco checking account as an\noverdraft protection source, and other important information.\nSecured VISA\xc2\xae Classic: An account-opening disclosure that tells you the\ninterest rate that will apply to your account, fees applicable to your\naccount, your credit limit, whether the account is linked to a Patelco\nchecking account as an overdraft protection source, and other\nimportant information, plus a Share Pledge Addendum, which you\nmust sign, to pledge shares as security for the account.\nPersonal Line of Credit: An account-opening disclosure that tells you the\ninterest rate that will apply to your account, fees applicable to your\naccount, your credit limit, whether the account is linked to a Patelco\nchecking account as an overdraft protection source, and other\nimportant information.\nPay Day Line of Credit: An account-opening disclosure that tells you the\ninterest rate that will apply to your account, fees applicable to your\naccount, your credit limit, and other important information about\nyour account.\nSome material in this booklet applies to all of the above credit products,\nwhile other material only applies to specific products. Material in bold\nface meets Truth in Lending disclosure requirements. Please carefully read all\nmaterial applicable to the credit products you have and keep for your\nrecords this booklet, any account opening disclosures you receive,\nand any notice of changes in terms.\nIn this booklet, \xe2\x80\x9cPatelco,\xe2\x80\x9d \xe2\x80\x9cwe,\xe2\x80\x9d and \xe2\x80\x9cus\xe2\x80\x9d mean Patelco Credit Union\nand our successors and assigns. \xe2\x80\x9cYou\xe2\x80\x9d means the borrower and, if\nthe context so indicates, any non-borrowing co-signer (guarantor)\nof the credit obligation. A person who submits a credit application\nas a \xe2\x80\x9cborrower\xe2\x80\x9d or \xe2\x80\x9capplicant\xe2\x80\x9d is a borrower. The singular implies the\nplural if there is more than one borrower. Unless otherwise indicated,\n\xe2\x80\x9cCard\xe2\x80\x9d or \xe2\x80\x9cCredit Card\xe2\x80\x9d means any VISA\xc2\xae credit card issued by Patelco\nCredit Union. \xe2\x80\x9cLine of Credit\xe2\x80\x9d unless otherwise indicated, refers to both\nPersonal Lines of Credit and Pay Day Lines of Credit. \xe2\x80\x9cAgreements\xe2\x80\x9d means\nthe Open-End Consumer Credit Agreements and Truth in Lending\nDisclosures contained in this booklet and any additional documents\nthat we provide to you at account opening. \xe2\x80\x9cAccount,\xe2\x80\x9d unless the\ncontext indicates otherwise, refers to an open-end credit account\nestablished under and governed by these Agreements.\nBy submitting a paper, oral or electronic application for a Patelco Credit\nUnion Credit Card, Personal Line of Credit, or Pay Day Line of Credit and\neither (a) using any access device issued to you, such as a Credit Card\n(\xe2\x80\x9cCard\xe2\x80\x9d) or special loan drafts (\xe2\x80\x9cLoan Draft\xe2\x80\x9d), or (b) accepting the loan\nof any funds after approval of your application, you and, if the context\nso indicates, any the non-borrowing co-signer, agree that any amounts\nborrowed from Patelco Credit Union (\xe2\x80\x9cPatelco,\xe2\x80\x9d \xe2\x80\x9cCredit Union,\xe2\x80\x9d \xe2\x80\x9cwe,\xe2\x80\x9d\nus\xe2\x80\x9d) now or in the future will be subject to the terms and conditions of\nthe applicable provisions of these Agreements. You confirm that any\nAccount opened under these Agreements will be used for personal,\nfamily or household purposes and not for business purposes.\n\n2\n\nA. ACCOUNT ACCESS\n1. Accounts governed by these Agreements are open-end or revolving\nlines of credit. Once your application for an Account governed by these\nAgreements is approved, you can borrow the full amount of your credit\nlimit, repay the principal in full or in part, and borrow again up to the\nmaximum as long as you are a Patelco member in good standing and\nyour creditworthiness remains acceptable to us. To be in good standing\nyou must be current on all obligations you have to Patelco as spelled out\nin agreements governing specific services you have and your general\nmembership agreements with Patelco, and you must have a satisfactory\nloan, account and membership history with Patelco.\n2. On joint accounts, each borrower can borrow up to the full amount of\nthe credit limit without the other\xe2\x80\x99s consent.\n3. Advances\na. Credit Card Advances: Credit Cards will be issued as instructed\non your application. To make a purchase or get a cash advance,\nyou can present the Card to a participating VISA plan merchant,\nto the Credit Union, or to another financial institution, and sign\nthe sales or cash advance draft imprinted with your Card number.\nKeep sales and cash advance drafts to reconcile your monthly\nstatements. You can also make purchases by giving your Card\nnumber to a merchant by telephone, over the Internet, or by\nother means, in which case your only record of the transaction\nmay be your monthly statement. You can also access the Account\nto obtain cash advances at designated ATMs, subject to additional\nATM terms at the end of this Agreement, and to obtain cash\nadvances via Online Banking in the form of either a deposit of\nthe advance amount to a Patelco account that you designate\nor a check payable to you and mailed to you at the address we\nhave for you in our your records. You agree to keep copies of your\ntransaction records to verify your monthly statement.\nb. Line of Credit Advances: You can request advances on a Line\nof Credit in person, by mail, by telephone, by PC-24, by CALL24, at ATMs, or at a CUSC. You can ask us to issue the advance\nin the form of a deposit to any Credit Union account of yours,\nor a check payable to you or any third party, or an electronic\nfunds transfer or wire transfer payable to you or to a third party\nyou designate. We can require that loan advances be issued in\nthe form of a check payable to you and mailed to you at your\naddress in our records, or in the form of a deposit to a Patelco\nshare account of yours, if in our reasonable judgment there is a\nrisk that following instructions to issue loan proceeds to a third\nparty would pose a risk of loss to Patelco.\nc. Loan Drafts: We may issue Loan Drafts on Credit Card or Personal\nLine of Credit Accounts from time to time. Any Borrower may sign\na Loan Draft payable to any person or entity that accepts personal\nchecks. When we pay the Loan Draft, it will post to the Account as a\ncash advance. There is no charge for printing or using Loan Drafts,\nbut if you request special handling, such as a stop payment, we may\ncharge you the same fee you would charge for the same service on\na regular Patelco check (share draft). Fees for special handling of\nchecks are shown on the Patelco Fee Schedule. If you do not wish to\nuse Loan Drafts, destroy them. You agree to notify us immediately\nif Loan Drafts issued to you are lost or stolen and to report any\nunauthorized Loan Drafts that appear on your Account statements.\nWe operate in an automated check-processing environment and\nin almost all cases we do not physically examine checks (including\nLoan Drafts) that clear. You agree that we have the right but not the\nobligation to refuse to pay Loan Drafts checks that are not signed\nby a Borrower, and we will not be responsible for any unauthorized\nLoan Drafts if you fail to report them within 60 days after we send\nyou the first statement on which they appear. If you wish to stop\npayment on a Loan Draft, you must notify us before the Loan Draft\nis presented to us for payment, and you must provide the exact\ndollar amount and Loan Draft number or we may not be able to find\nit and stop it. We will not be responsible for failure to stop Loan Draft\npayments if you do not give us the exact information we require in\nsufficient time (at least one business day prior to presentment) for\nus to act on your request. Merchant dispute rights do not apply to\nLoan Drafts. If a Loan Draft clears, you must resolve any disputes\ndirectly with the payee.\n\n\x0c4. Overdraft Protection\na. A Credit Card or Personal Line of Credit can, if you so request\non your credit application or another authenticated written\nrequest submitted to Patelco, be established as an overdraft\nprotection source on any Patelco Credit Union checking account\nyou designate, even if the owner(s) of the designated checking\naccount are not obligated to pay the Credit Card or Personal Line\nof Credit. If you designate your Credit Card or Personal Line of\nCredit as an overdraft protection source, loan advances can be\nrequested by any person authorized to transaction business on\nthe linked checking account by initiating any payment (debit)\ntransaction when sufficient funds are not available to cover it.\nThe Patelco Electronic Funds Transfer (EFT) Agreement and\nDisclosure) (\xe2\x80\x9cEFT Agreement\xe2\x80\x9d) describes methods by which\nEFT payments can be initiated on Patelco checking accounts.\nOverdraft protection advances will generally be made in\nmultiples of $100 (or the available credit, whichever is less)\nup to the amount necessary to cover the overdraft. Overdraft\nprotection advances are treated as Credit Card cash advances.\nb. A Pay Day Line of Credit may not be designated as an Overdraft\nProtection Plan on any Patelco checking (share draft) account.\n5. Our clearing a Loan Draft, authorizing a Credit Card transaction, or our\nissuance of a loan advance consistent with your written instructions,\nor your oral or electronic instructions that we accept in accordance\nwith reasonable security procedures, constitutes your acceptance of\nthe advance and consent to the terms of this Agreement.\n6. We can refuse to give you loan advances you request for any\nlawful reason. We will notify you in writing of the reasons for\nany refusal. Reasons for refusal include (a) your already having\nborrowed up to the credit limit, (b) an adverse changes in your\nfinancial or credit standing, (c) your failure to meet loan- or\naccount-related obligations to Patelco, (d) an adverse change in\nyour employment, (e) your insolvency, (f) your bankruptcy, (g) your\ndeath, (h) unavailability of funds to make loans, (i) our reasonable\nbelief that a requested transaction is illegal or unauthorized, or (j)\nour reasonable belief that you are using your Account to pay other\nobligations you have to Patelco.\n7. Credit Card fraud is always a risk. To protect Patelco and our\nmember-owners from losses associated with Credit Card fraud\nclaims, we reserve the right to block the purchase ability of\nCredit Cards we issue. We participate in a fraud protection\nsystem that may detect and block purchases that reflect unusual\nspending patterns (although we do not warrant that we will block\nunauthorized transactions before they occur). If you are planning\na major purchase for which you have available credit, or will be\ntraveling to a foreign country, you can minimize the risk that the\nfraud detection system will block your card by notifying the Credit\nUnion in advance at (800) 358-8228.\n8. You agree that you will not use or permit others to use any Patelco\ncredit product, account, access device or other Patelco product or\nservice, including but not limited to Credit Cards issued by Patelco, for\nillegal transactions such as illegal Internet gambling. We may refuse\nto honor any transaction we reasonably believe to be illegal. We may\nalso block or freeze accounts or decline transactions consistent with\nrequirements imposed by laws, regulations, or government agency\ndirectives. However, responsibility for determining the legality of\nauthorized transactions rests with you, not with Patelco. You cannot\nuse the actual or alleged illegality of any authorized transaction as\na defense to your obligation to pay it. Your permitting use of any\nPatelco credit product, account, access device or other Patelco\nproduct or service for illegal transactions is a material breach of these\nAgreements that will permit us to close the Account or discontinue the\nother product or service used for the illegal transaction.\n9. You are not permitted to transfer one Patelco credit Account balance\nto another Patelco credit Account balance, nor may you use advances\non Patelco credit accounts to pay other obligations you have to Patelco.\n10. When you use a Credit Card at a merchant point-of-sale terminal,\nselecting \xe2\x80\x9ccredit\xe2\x80\x9d rather than \xe2\x80\x9cdebit\xe2\x80\x9d will result in the transaction being\ntreated as a purchase rather than a cash advance.\n\n11. You can use a Patelco Credit Card to access Patelco checking and\nsavings accounts at ATMs. Please refer to the Electronic Funds\nTransfer Agreement and Disclosure in the Patelco Member Handbook\nfor information about using Credit Cards for direct access to your\nchecking and savings accounts at ATMs, including information on\nyour potential liability for unauthorized use of your Credit Card for\nthis type of access.\nB. RESPONSIBILITY FOR PAYMENT\n1. By signing or electronically submitting an application for a Credit Card or\nLine of Credit, whether designated as a borrower who will use the credit\nor a non-borrowing co-signer (guarantor) who undertakes payment\nresponsibility for payment but will not use the credit, you agree that you\nare responsible for payment of all sums borrowed and interest, fees, costs\nand other charges incurred under these Agreements. You understand\nthat you remain responsible to the Credit Union for payment, even if a\ncourt order or agreement to which the Credit Union is not a party, such\nas a divorce decree, orders another person to pay the debt. You can be\ndischarged from your obligation to pay only by a court order in an action\nto which we are a party or a written release executed by an authorized\nofficer of Patelco.\n2. Each Borrower and co-signer is also obligated to repay any charges\nresulting from the use of a Credit Card by an Authorized User, regardless\nof whether the Authorized User stayed within the limits of permission\ngiven to use the Credit Card. Patelco is not subject to agreements\nbetween you and Authorized Users limiting their use of the Credit Card.\nAn Authorized User is any person to whom a Borrower or co-signer has\ngiven actual, applied or apparent permission to use the Credit Card.\nC. CREDIT LIMIT\nWe will establish a credit limit on each Account you open. We can\nreview your credit limits periodically and ask you to provide updated\ncredit information. Our review may include checking your history\nwith third parties such as credit bureaus and verifying information\nyou give us with third parties such as your employer. As part of our\nreview process, we can increase or decrease your credit limit, increase\nor decrease your interest rate, require you to provide additional\nco-signers or security, or close your Accounts to future advances at\nany time. You can apply for a credit limit increase, but we have sole\ndiscretion as to whether to grant your request. Excessive applications\nmay result in fees. If any Account has been inactive for six consecutive\nmonths, we may close it. All Credit Card reissues are subject to\napproval. If we make any adverse change in the terms of any Account,\nor close any Account, we will provide you any notice required by law.\nD. REPAYMENT TERMS\n1. You promise to pay us at (a) one of our offices or (b) by mailing payment\nto us at the address we designate on your periodic statement, in U.S.\nDollars with payment instruments drawn on U.S. financial institutions,\nall sums advanced to you under these Agreements at any time plus a\nFinance Charge that we will determine as disclosed in these Agreements\nand in the Truth in Lending Account Opening Disclosure(s) provided\nto you. We can accept payment instruments bearing legends such as\n\xe2\x80\x9cpayment in full\xe2\x80\x9d without waiving our rights. You will pay monthly unless\nwe agree to another payment frequency in writing. The Finance Charge is\nthe amount of money that you pay for the money you borrow. The interest component\nof the Finance Charge is calculated by applying a periodic interest rate (which is a\nfraction of the ANNUAL PERCENTAGE RATE of interest) to the outstanding balance. Fees\napplicable to an Account may also be considered Finance Charges.\n2. Grace Period on Credit Card Purchases: If you paid your previous statement\xe2\x80\x99s\nbalance in full before its due date, or you had no previous balance at the\nbeginning of the billing cycle, you will have a grace period of 25 days on average\nto pay your Credit Card purchase balance without interest finance charges. If\nyou do not pay your balance in full before the end of the grace period, interest\nwill be assessed on your entire outstanding balance including new purchases.\nThere is no grace period on Credit Card cash advances. Overdraft protection\nadvances, if authorized, are considered cash advances.\n3. Interest Finance Charge Calculation\na. Credit Cards: Average Daily Balance Method, Including New Transactions\nInterest is calculated separately for (a) purchase balances and balance\n\n3\n\n\x0ctransfer balances and (b) cash advance balances. We arrive at the interest\nportion of the Finance Charge for each balance type by first calculating\nthe average daily Account balance for the statement period. To obtain the\ndaily Account balances of purchases and balance transfers, we add any new\npurchases or balance transfers to the previous day\xe2\x80\x99s purchase and balance\ntransfer balance, then subtract any payments or other credits applied to the\npurchase and balance transfer balance. To obtain the daily Account balances\nof cash advances, we add any new cash advances to the previous day\xe2\x80\x99s cash\nadvance balance, then subtract any payments or other credits applied to the\ncash advance balance. We then total the daily balances for the statement\nperiod and divide by the number of days in the period to get the Average\nDaily Balance. This figure is multiplied by the Monthly Periodic Rate (1/12 of\nthe APR) to obtain the interest component of the Finance Charge.\nb. Lines of Credit: Daily Balance Method Including New Transactions\nThe interest component of the Finance Charge is determined daily based\non the unpaid principal balance of funds loaned to you. Each day, we\ndetermine the balance outstanding by adding any new advances or charges\nto the previous day\xe2\x80\x99s balance and subtracting any payments and credits.\nThen we multiply the day\xe2\x80\x99s balance by the Daily Periodic Rate (1/365 of\nthe ANNUAL PERCENTAGE RATE) to determine the interest component of\nthe Finance Charge for the day. At the end of the billing cycle, the interest\ncharges for each day of the cycle are added together to determine the\ninterest component of the Finance Charge during the billing cycle. Interest\ncontinues to accrue from the day funds are loaned to you until the day they\nare repaid to us.\n4. Interest Rates:\na. When we approve your application, we determine the ANNUAL PERCENTAGE\nRATE that will apply to your Account. Among the factors we may lawfully\nconsider in setting your interest rate are your credit history, whether you\nmaintain direct deposit to a Patelco savings or checking account, whether\nyou elect an automatic payment method for your Credit Card or Line\nof Credit, and whether you qualify for Commitment Household status.\nAvailable rate discount programs may change from time to time. Before you\nbecome obligated, you will receive a separate Account Opening Disclosure\nthat will include the ANNUAL PERCENTAGE RATE and corresponding Periodic\nRate that will apply to your Account. If the ANNUAL PERCENTAGE RATE will\nbe variable, that fact, and the formula used to calculate the variable\nrate, will also be disclosed to you. In addition, any discount for which you\nqualify based on payment method, Household Commitment status or other\ncondition within your control will be disclosed to you.\nb. Credit Card interest rates are variable. The Index used to set variable interest\nrates on Credit Cards is the Prime Rate reported in the Federal Reserve\nBulletin on the first business day of the month prior to the month in which\nthe rate will take effect. For example, the Prime Rate published on the first\nbusiness day of January will determine the ANNUAL PERCENTAGE RATE that\nwill apply during a billing cycle that begins in February. Any introductory\ndiscounted interest rates and the times through which they will be effective\nwill be disclosed to you. Changes in variable rates will apply to the entire\nbalance outstanding as of the date of the change. We reserve the right to\nsubstitute a different variable rate formula if the current Index ceases to be\navailable, as long as the substitute formula is statistically similar as of the\ntime the substitution is made. We cannot, however, predict how substitute\nindexes might change in the future. We will give you notice required by law\nif we substitute a new variable rate formula.\nc. There is no limit on the amount by which variable rates can change, except\nthat Patelco will not charge a rate that exceeds any maximum allowed by\nlaw. We can decline to make an increase in an interest rate that an increase\nin the Index would permit without waiving our right to change interest\nrates in the future consistent with changes in the Index.\nd. If you qualified for a discounted interest rate because you met a specified\ncondition, that fact will be stated on your Account Opening Disclosure. If you\nlater cease to meet that condition, your interest rate (or the margin applied\nto the index to calculate a variable interest rate) will be increased by the\namount of the discount you received.\n5. The Board of Directors of Patelco, at its discretion, can, unless prohibited by law,\nauthorize a change in the fixed interest rates or variable interest rate formulas\noffered on open-end credit programs, or convert fixed-rate open-end credit\nprograms to variable-rate programs and vice versa. Patelco can also change\nthe rates offered to specific borrowers based on (a) account and credit history\nreview, or (b) discontinuation of rate discounts. If an unfavorable change in the\ninterest rate or variable rate formula applicable to your Account takes place,\n\n4\n\nthe following rules will apply: (a) You will be given a written Rate Change Notice\nat least 45 days before the change takes effect; (b) You will be able to pay off all\nbalances incurred within 14 days after mailing or electronic delivery date of the\nRate Change Notice at the fixed rate or under the variable rate formula in effect\nas of the mailing date of the Rate Change Notice, and (c) any loan advances\ntaken more than 14 days after the mailing date of the Rate Change Notice\nwill, on the effective date stated in the Rate Change Notice, convert to the rate\nstated in, or to the rate obtained applying the variable rate formula stated in,\nthe Rate Change Notice. These rules do not apply to Accounts that are disclosed\nas Variable Rate Accounts at Account opening. A change in the interest rate on\na Variable Rate Account will apply to the entire balance outstanding when the\nrate change takes effect.\n6. You can prepay what you owe you in full at any time without penalty.\n7. We will send you periodic statements of your Accounts.\nStatements will contain information about your Accounts as\nrequired by law. If you enroll in e-Statements, we will instead\nsend you e-mails each month notifying you that statements are\navailable for pickup on Patelco\xe2\x80\x99s secure web site. E-statements\nwill contain all the same legally required information that is\nprovided with paper statements.\n8. If you make payroll deduction or other automatic payments, it\nremains your responsibility to make sure your payment is made\non time. A late payroll or a change in the amount of your payroll\nmay disrupt payroll deduction. Payment by automatic transfer may\nnot occur if you do not have sufficient funds to make the required\npayment on the agreed date.\n9. If your outstanding balance on any Account exceeds your approved\ncredit limit, you must, upon written notice from us, make a single\nlump-sum payment sufficient to reduce the balance to the\nauthorized credit limit.\n10. Minimum Payments:\na. Credit Cards: Your minimum monthly payment will equal 2% of your\noutstanding balance or $24.00, whichever is greater. If an advance is\nan Overdraft Protection Plan advance, you must pay the amount in full\nby the payment due date.\nb. Personal Line of Credit: Your minimum monthly payment will equal 2%\nof your outstanding balance or $46.00, whichever is greater. If your\nadvance is an Overdraft Protection Plan advance, you must pay the\namount in full by the payment due date.\nc. Pay Day Line of Credit: Your minimum monthly payment will equal 2%\nof your outstanding balance or $46.00, whichever is greater.\nd. All minimum payments must include over-limit amounts, delinquent\namounts and fees.\n11. We may apply Account payments in any order allowed by law.\n12. Increases in your outstanding Account balance increase the required minimum\npayment, which will be reflected in the monthly statement.\n13.You will make monthly payments on or before the due date specified\nin your periodic statements.\n14.Foreign Transactions: For VISA\xc2\xae transactions initiated in foreign\ncurrencies, the exchange rate between the transaction currency\nand the billing currency (U.S. dollars) will be (a) a rate selected\nby VISA\xc2\xae from the range of rates available in wholesale currency\nmarkets for the applicable central processing date, which rate may\nvary from the rate VISA\xc2\xae itself receives, or (b) the governmentmandated rate in effect for the applicable central processing date.\nIf a transaction is initiated in a foreign country or foreign currency, a fee of 2%\nof the transaction amount in US dollars will be assessed.\n15.Payments in Foreign Currency. You agree to make all payments\nto us in U.S. Dollars using payment instruments drawn on U.S.\nfinancial institutions. We may, at our option, accept payments\nin foreign currency or checks drawn on non-U.S. banks. If we do,\nwe may impose service and collection charges, and you agree\nthe charges we set will be final.\n16.Payment Holds. We will promptly credit your payments as required\nby law. We may, however, delay for the maximum time allowed by\nlaw increasing your available credit or refunding credit balances until\n\n\x0cfinal collection of non-cash items presented to pay your Account. A\ndelay in increasing your available credit or issuing a refund will not by\nitself result in increased finance charges, but if an item presented for\npayment on your Account is returned unpaid, we can assess finance\ncharges retroactive to the date the payment was credited.\n17. Credit Cards: Special Considerations Regarding Merchant Transactions\na. If you made a purchase and the merchant discloses a policy\nsuch as \xe2\x80\x9cno returns,\xe2\x80\x9d \xe2\x80\x9cno refunds,\xe2\x80\x9d \xe2\x80\x9cno credit without receipt,\n\xe2\x80\x9cas is,\xe2\x80\x9d \xe2\x80\x9cstore credit only,\xe2\x80\x9d or \xe2\x80\x9call sales final,\xe2\x80\x9d you agree to be\nbound by that merchant\xe2\x80\x99s policy.\nb. When you use your Account to make travel or lodging\nreservations, you agree to request the merchant\xe2\x80\x99s cancellation\npolicy and follow it if you cancel. Otherwise, the merchant may\ncharge you unless you can provide us with the cancellation\ncode the merchant is required to give you.\nc. If you authorize a merchant to charge your Account for repeat\ntransactions with your Credit Card, you will notify the merchant\nwhen you want to discontinue the repeat transactions or if\nyour Account is closed.\nd. If you disagree with a transaction on your statement, you\nagree to provide any information or assistance we reasonably\nrequest. Otherwise you will pay us for any loss we incur, subject\nonly to any limits imposed by law.\ne. A merchant, such as hotel or rental car agency, may place\na \xe2\x80\x9chold\xe2\x80\x9d on your Account for anticipated charges. This may\nresult in your credit limit being unavailable for the duration of\nthe merchant hold, and as a result, other transactions may be\ndeclined due to lack of available credit.\nE. PAYMENT PROTECTION\nCredit Insurance/Debt Protection: Patelco may allow you to obtain payment\nprotection through a credit insurance or debt protection product. Depending on\nthe payment protection products you purchase, payment protection may make full\nor partial minimum monthly loan payments during your disability or involuntarily\nunemployment or pay all or part of your outstanding loan balance at your death.\nPurchase of payment protection is entirely voluntarily. Your decision whether\nto purchase payment protection will not affect Patelco\xe2\x80\x99s decision to make credit\navailable to you or the terms of credit offered to you. Payment protection charges,\nwhether characterized as insurance premiums or fees, are calculated monthly as a\npercentage of the outstanding loan balance and post to your account and accrue\ninterest at the applicable interest rate until paid in full. Costs and other terms of\npayment protection products will be disclosed on separate payment protection\nplan documents that will be provided to you before you become obligated to pay\nfor coverage. You can cancel payment protection products at any time, and they\nwill be automatically canceled if you fail to pay required fees or premiums.\n\n3. Special Services: You will pay actual costs for special handling such as overnight\nshipment of replacement plastic cards.\nG. CONSENSUAL AND STATUTORY LIEN ON SHARES\nSecured VISA\xc2\xae Classic: A Secured VISA\xc2\xae Classic Account will be secured by a\npledge of the Patelco Credit Union share account indicated on the Share Pledge\nAddendum, incorporated into this Agreement by reference. The Share Pledge\nAddendum also provides disclosures applicable to the pledged shares as required\nby the Truth in Savings Act.\nLines of Credit: You agree that, except to the extent prohibited by law or the terms\nof a Patelco share agreement, (a) if you have not made your required payment\nwithin ten days of its due date, we can take any Patelco shares in which you have an\ninterest without notice to you to collect your late payment; and (b) if you default\non your payments or otherwise default and we declare your Line of Credit due and\npayable and full, we can take any Patelco shares in which you have an interest to\nrecover all or part of what you owe without advance notice to you. This consent\napplies even to loan advances otherwise designated as \xe2\x80\x9csignature,\xe2\x80\x9d \xe2\x80\x9cpersonal,\xe2\x80\x9d or\n\xe2\x80\x98unsecured\xe2\x80\x9d advances. Unless you have pledged specific shares as security for a Line\nof Credit, this consent will not affect your right to withdraw funds prior to your\ndefault and Patelco\xe2\x80\x99s exercise of our rights under this consent. Your consent to our\ntaking shares to recover your delinquent obligations to Patelco is in addition to our\nright to impose a lien on shares to the extent of your obligations to Patelco under\nthe California Financial Code or equitable principles of offset.\nH. CHANGES IN TERMS\nWe can change the terms of these Agreements by giving you legally\nrequired notice. A \xe2\x80\x9cchange\xe2\x80\x9d can amend an existing term, add a new term,\nor delete an old term. Unless otherwise stated, if you do not want the\nchange(s) to apply to you, you can close the Account and pay off under\nthe old terms. If you keep the Account, the change will take effect on the\ndate stated in the notice.\nI. HONEST DEALING\nYou agree to tell us of any event that adversely affects your\ncreditworthiness or ability to pay. You agree to tell us if your name,\naddress, or employment changes. You agree not to request or accept\nloan advances if you have reason to believe you will be unable to make\nthe required payments. By using a Credit Card or requesting or accepting\nany loan advance, you declare under penalty of perjury that the credit\ninformation you supplied on any oral, written or electronic credit\napplication or loan advance request was accurate and complete, that\nyour personal finances are sound, and that you know of no reason why\ncreditors should make claims against you or why you would become a\nbankruptcy debtor now or in the future.\nJ. ADDITIONAL TERMS APPLICABLE TO CO-SIGNERS\n\nd. $1.00 per page for statement copies\n\nA co-signer is someone who agrees to be responsible for a loan but\ndoes not necessarily obtain any loan proceeds or benefit from the loan.\nAs a co-signer for any Account, you must repay any amount borrowed\nunder the applicable terms of these Agreements up to the credit limit.\nAll our rights against the borrower also apply against you, including our\nright to take any Patelco shares in which you have an interest if payment\ndefault occurs. You understand that if you had not agreed to repay the\namount borrowed, we would not have approved the credit request. We\ncan proceed against you if the payments are delinquent even before we\nproceed against the borrower. We will give you notice required by law of\nany action we take that could adversely affect you. You can stop being\nobligated for future advances by writing to us to that effect. But you\nwill still be jointly and individually liable with the borrower for amounts\noutstanding at the time we receive your notice. You acknowledge receipt\nof a copy of this Agreement and the separate \xe2\x80\x9cNotice to Co-Signer.\xe2\x80\x9d\n\ne. $8.00 per transaction slip copy.\n\nK. DEFAULT- ACCELERATION\n\nF. OTHER CHARGES\nThe following fees and charges can be added to your Line of Credit balance and\naccrue interest at the rates called for by this Agreement until paid in full.\n1. Credit Cards:\na. Account research is charged at $25.00 per hour, waived if a Credit Union\nerror is revealed.\nb. A late fee of $15.00 will be charged if the payment is 15 or more days late.\nc. Replacement of lost, stolen or damaged plastic cards is $10.00.\n\n2. Credit Lines:\na. Account research is charged at $25.00 per hour plus $1.00 per page for\nphotocopying, unless the research reveals a billing as defined by the Fair\nCredit Billing Act and Consumer Financial Protection Bureau Regulation Z.\nb. A late fee of the greater of $5 or 3% of the loan payment ($10.00 maximum)\nis assessed if payments are received more than ten days after the due date.\nc. Each Pay Day Line of Credit cash advance is charged a $10 fee. Each\nadvance of funds, even in the form of a check payable to a third party, is\ndeemed a cash advance.\n\n1. If you default on your payments, breach any other applicable term of\nthese Agreements, make any false statements to obtain credit, file for\nbankruptcy, or die, we can immediately declare your Account(s) in default\nand require payment of the Account balance(s) in full. Even if we accept a\nlate or partial payment, we are not waiving our right to accelerate payment\nand declare the entire unpaid balance due. Interest will continue to accrue\non the balance outstanding until paid in full.\n2. Your default on this Agreement gives us the right, to the maximum\nextent allowed by law, to discontinue other services to you. We may,\nfor example, close your Patelco checking account, or discontinue\nelectronic banking services such as ATM or Debit cards.\n\n5\n\n\x0c3. You agree that if you default on one obligation to Patelco, we\ncan, to the maximum extent allowed by law, declare all of your\nobligations to us, including Credit Card obligations, to be in\ndefault and accelerate them. Loans secured by your primary\nresidence are exempt from this provision.\nL. COLLECTION COSTS\nIf you fail to pay as agreed, you agree to pay all reasonable collection costs Patelco\nincurs prior to taking legal action. If we take legal action to collect what you owe,\nyou agree to pay our reasonable attorney\xe2\x80\x99s fees and costs to the maximum extent\nallowable by law, whether the action is a collection lawsuit, a proceeding to\nenforce our rights if you become a debtor in bankruptcy, or another type of action.\nWe can add collection costs, including attorney\xe2\x80\x99s fees, to your balance and they will\naccrue interest at the rate called for by this Agreement.\nM. OTHER RIGHTS APPLICABLE TO CREDIT CARDS\n1. Unauthorized Use of Lost or Stolen Cards. You agree to notify us promptly of the loss,\ntheft or other actual or possible unauthorized use of any Card we issue to you. Call\n(800) 358-8228. Although you are generally not be liable for unauthorized use (except\nthat you may be liable for up to $50 for unauthorized PIN-based transactions), all\nPatelco members benefit if unauthorized Card use losses are kept to a minimum.\nOnce you report your Card as lost or stolen, you agree not to attempt to\nuse it. A replacement card will usually be issued to you. If you find your\nCard after reporting it lost or stolen and attempt to use it, a merchant\nmay capture the Card and you will have to pay a card capture fee.\nIf you report your Card as stolen, you agree to cooperate with our\ninvestigation. Your failure to file a police report or otherwise cooperate\nwith our investigation may give us reasonable grounds to deny your\nclaim of unauthorized use. Although we will not close your Account\nsolely because you exercise your rights to report unauthorized activity\nor other errors under the Fair Credit Billing Act, our determination that\nyour report of unauthorized Card activity was not made in good faith\nmay be grounds for closing your Account to future use. If we decide that\nyou have an excessive number of lost or stolen cards, we may not issue\na replacement card or open a new account for you.\n2. Merchant Disputes. We are not responsible for the refusal of any merchant or other\nfinancial institution to honor you Card. We are subject to good faith claims and\ndefenses recognized by law (other than tort claims) arising out of goods or services\nyou purchase with the Card, but only if you have made a good faith attempt but have\nbeen unable to obtain satisfaction from the plan merchant and (a) your purchase was\nmade in response to an advertisement we sent or participated in sending you; (b) your\npurchase was made from a merchant we own or operate; or (c) your purchase cost more\nthan $50 and was made from a merchant in your state or within 100 miles of your\nhome. We are relieved from any liability if you have already paid us for the disputed\ntransaction. Any other disputes you must resolve directly with the merchant.\n3. Merchant Credits: A merchant who honors your Card and gives you credit for\nreturns or adjustments will do so by sending us a credit slip which we will post\nto your Account. Subject to Section D.16 of this Agreement, if your credits and/\nor payments exceed what you owe, we will hold and apply this credit balance\nagainst future transactions, or refund it on your written request if it is $1.00.\n4. Platinum VISA\xc2\xae Rebates: If you have a VISA\xc2\xae Platinum Account, you\nmay earn cash rebates in U.S. dollars when you use your Card for\npurchases. Rebate terms are subject to change without notice.\na. The rebate period runs annually from November 16 to\nNovember 15. The rebate to be paid is calculated each year on\nNovember 15. A rebate is paid only if you have earned $1.00 or\nmore in rebates. The rebate will be paid shortly after the end\nof the rebate period in the form of a deposit to your Patelco\nTiered Savings account. If there is more than one borrower on\nyour Platinum VISA Account, the rebate will be paid to the first\ncardholder listed on the billing statement for the Account. You\nmust notify us if an expected rebate has not been paid.\nb. You begin earning rebate credit with the first purchase during\na rebate period. No rebates are earned for cash advances. The\nrebate amount equals 1.0% of the purchase amount. No rebates\nare earned for cash advances or balance transfers. Your monthly\nstatement will show the amount of purchases during the billing\ncycle that are eligible for rebates. We can make adjustments due\nto account activity, such as returns of merchandise.\nc. If you close your Platinum VISA\xc2\xae account before the end of a\nrebate period, you forfeit earned but unpaid rebates.\n\n6\n\nd. If your Platinum VISA\xc2\xae becomes delinquent at the time a rebate\nis scheduled to be paid, we may, at our sole option, apply the\nrebate to reduce the balance you owe instead of depositing it to\nyour Tiered Savings account.\ne. If your Platinum VISA\xc2\xae Card is lost or stolen, earned rebates will\ncredited to your new account number\n5. U-Choose VISA\xc2\xae Gold Rewards: If you have a Patelco VISA\xc2\xae Gold\nCredit Card Account, you may participate in this program for a $25\nannual fee. Program terms are available upon request by contacting\nPatelco Credit Union.\n6. Tax Consequences of Credit Card Reward Programs: We make no\nwarranties or representations regarding possible tax implications\nof VISA\xc2\xae Platinum rebates or VISA\xc2\xae U-Choose Rewards. Consult\nyour tax advisor.\nN. TERMINATION\n1. We may terminate these Agreements and close your Accounts at any\ntime by sending you a written notice of the termination and the lawful\nbusiness reasons for so doing.\n2. We can close your Accounts without prior notice if you fail to pay\non time, or we have evidence or a reasonable belief that you are\nunable or unwilling to repay your Account balance. A significant increase in your obligations, your filing for bankruptcy relief, your unemployment, your failure to meet other obligations you have to us,\nor your death, are examples of circumstances that could lead us to\nclose your Account without notice. We will give you advance notice\nrequired by law for other terminations. If we close your Accounts\nwith or without notice due to your breach of this Agreement or any\nother agreement you have with us, your death or your bankruptcy,\nwe can demand that you pay off the entire balance at once.\n3. You can close your Accounts by sending us a written request and,\nif they have been issued to you, cutting all issued Cards and Loan\nDrafts in half and returning them to us.\n4. If we or you close your Account, you agree to surrender any issued\nCards and Loan Drafts to us. The Cards and Loan Drafts remain our\nproperty. Even if your Accounts are closed, you must still pay your\noutstanding balance in full under the terms of these Agreements.\n5. If you terminate a Share Pledge VISA\xc2\xae Credit Card Account, funds in\nthe share account pledged to secure payment will become available to you as your balance on this Account is paid down. When\nthe Account closed and is paid in full, the pledged share account\nwill also be closed and any remaining balance transferred to your\nPatelco Tiered Savings account.\nO. PROMOTIONAL SKIP PAYMENTS\nFrom time to time, we may offer you the opportunity to skip a payment on your\nAccount(s). The offer, if made, will be reflected on your periodic statement in the\nform of a zero minimum payment, a message telling you that you can skip your\npayment for that month, and an announcement of the fee, if any, for the skipped\npayment. Your failure to make a payment will constitute your acceptance of the\noffer and authorize us to deduct the skip payment fee, if any, from any Patelco\nsavings or checking account in which you have available funds. If you do not have\navailable funds to cover the fee, it will be added to your Account balance and accrue\ninterest at the rate called for by this Agreement. Interest will continue to accrue at\nthe interest rate then in effect for the related Account during the skip pay period.\nOn a joint loan, either borrower acting alone may request the skip payment.\nP. GENERAL TERMS\nThese Agreements reflect your contract with Patelco with respect to\nall transactions you make, even if sales, cash advance, credit slips or\nother documents you receive for merchants or other third parties to\nwhom you transfer loaned funds contain different terms. Patelco is\nnot subject to agreement between you and third parties except to the\nextent you exercise merchant dispute rights available under Consumer\nFinancial Protection Bureau Regulation Z or local law. Amendments\nto this Agreement are effective only if (a) implemented by a Patelco\nchange in terms notice, (b) ordered by a court in an action to which\nPatelco is a party, or (c) agreed to in writing by you and an authorized\nagent of Patelco. If any provision of this Agreement is invalid, the other\nparts will remain in effect. Applicable federal and California law and\nregulation will govern interpretation of this Agreement.\n\n\x0cBILLING RIGHTS:\nKEEP THIS NOTICE FOR FUTURE USE\n\nYOUR RIGHTS IF YOU ARE DISSATISFIED WITH YOUR\nCREDIT CARD PURCHASE\n\nState and Local Law: The following summary of your rights under\nfederal law does not cover all rights you may have under state or local\nlaw. If, under state or local law, you have a longer period of time in\nwhich to send an inquiry to us regarding your statement, reliance\non any such longer time period may result in your losing important\nrights that could be preserved by acting more quickly under federal\nlaw. State or local provisions, if any, only become operative upon\nthe expiration of the time period provided by Consumer Financial\nProtection Bureau Regulation Z for submitting a proper error notice.\n\nIf you are dissatisfied with the goods or services that you purchased with your credit\ncard, and you have tried in good faith to correct the problem with the merchant, you\nmay have the right not to pay the remaining amount due on the purchase.\nTo use this right, all of the following must be true:\n1. The purchase must have been made in your home state or within 100 miles of your\ncurrent mailing address, and the purchase price must have been more than $50. (Note:\nNeither of these are necessary if your purchase was based on an advertisement we\nmailed to you, or if we own the company that sold you the goods or services.)\n\nThis notice tells you about your rights and our responsibilities under\nthe Fair Credit Billing Act.\n\n2. You must have used your credit card for the purchases. Purchases made with\ncash advances from an ATM or with a check that accesses your credit card\naccount do not qualify.\n\nWHAT TO DO IF YOU FIND A MISTAKE ON YOUR STATEMENT\n\n3. You must not yet have fully paid for the purchase.\n\nIf you think there is an error on your statement, write us at P.O. Box 8020,\nPleasanton, CA 94588.\n\nIf all of the criteria above are met and you are still dissatisfied with the purchase,\ncontact us in writing at:\n\nIn your letter, give us the following information:\n\xe2\x80\xa2\n\nAccount information: Your name and account number\n\n\xe2\x80\xa2\n\nDollar amount: The dollar amount of the suspected error\n\n\xe2\x80\xa2\n\nDescription of problem: If you think there is an error on your bill, describe what\nyou believe is wrong and why you believe it is a mistake.\n\nYou must contact us:\n\xe2\x80\xa2\n\nWithin 60 days after the error appeared on your statement\n\n\xe2\x80\xa2\n\nAt least 3 business days before an automated payment is scheduled, if you want to\nstop payment on the amount you think is wrong.\n\nPatelco Credit Union, P.O. Box 8020, Pleasanton, CA 94588\nWhile we investigate, the same rules apply to the disputed amount as discussed\nabove. After we finish our investigation, we will tell you our decision. At that point,\nif we think you owe an amount and you do not pay, we may report you as delinquent.\nNOTICE TO CALIFORNIA RESIDENTS\nUnder California law, our right to recover credit extended to you\nfor credit card purchases is subject to any defenses that you have\nagainst the seller if:\n1. The purchase price of the item in question exceeded $50;\n\nYou must notify us of any potential errors in writing. You may call us, but if you do, we\nare not required to investigate any potential errors and you may have to pay the amount\nin question.\n\n2. The purchase was made in California;\n\nWHAT WILL HAPPEN AFTER WE RECEIVE YOUR LETTER\n\n4. You notify us in writing of the name of the seller, the date of\npurchase, the price paid, the goods or services purchased, and the\nacts that you took to obtain satisfaction from the seller.\n\nWhen we receive your letter, we must do two things:\n\xe2\x80\xa2\n\nWithin 30 days of receiving your letter, we must tell you that we received your\nletter. We will also tell you if we have already corrected the error.\n\n\xe2\x80\xa2\n\nWithin 90 days of receiving your letter we must either correct the error or explain\nto you why we believe the bill is correct.\n\nWhile we investigate whether or not there has been an error:\n\xe2\x80\xa2\n\nWe cannot try to collect the amount in question, or report you as delinquent\non that amount.\n\n\xe2\x80\xa2\n\nThe charge in question may remain on your statement, and we may continue\nto charge you interest on that amount.\n\n\xe2\x80\xa2\n\nWhile you do not have to pay the amount in question, you are responsible for\nthe remainder of your balance.\n\n\xe2\x80\xa2\n\nWe can apply any unpaid amount against your credit limit.\n\nAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2\n\nIf we made a mistake: you will not have to pay the amount in question or any\ninterest or other fees related to that amount.\n\n\xe2\x80\xa2\n\nIf we do not believe there was a mistake: We will send you a statement of the\namount you owe and the date the payment is due. We may then report you as\ndelinquent if you do not pay the amount we think you owe.\n\nIf you receive our explanation but still believe your bill is wrong, you must write to\nus within 10 days telling us that you still refuse to pay. If you do so, we cannot report\nyou as delinquent without also reporting that you are questioning your bill. We must\ntell you the name of anyone to whom we reported you as delinquent, and we must let\nthose organizations know when the matter has been settled between us.\nIf we do not follow all of the rules above, you do not have to pay the first $50 of the\namount you question even if your bill is correct.\n\n3. You made a written demand on the retailer and made a good faith\nattempt to get satisfaction of your complaint; and\n\nThe amount to which the defense applies is limited to the amount\noutstanding on the purchase as well as late charges and finance\ncharges at the time we receive the written demand.\nThis remedy is the only one you have against us. Your rights are limited\nto those circumstances outlined in California Civil Code \xc2\xa7 1747.90.\nPurchases with cash or check are not included in this section even\nthough you used your credit card to validate your credit.\nWe cannot penalize you by either giving out unfavorable credit\ninformation about you or canceling or refusing to renew your credit\ncard solely because you obtained relief under the remedies you have\nfor correcting billing errors.\nATM DISCLOSURE\nThis part of this disclosure includes special provisions applicable to\nthe use of a Credit Card to obtain cash advances at Automated Teller\nMachines (ATMs). This disclosure addresses only credit card cash\nadvances at ATMs. Refer to your separate Electronic Funds Transfer\ndisclosure for a complete disclosure of terms applicable to the use of\nplastic cards issued by Patelco, including any Credit Card issued under\nthis Agreement, to access Patelco savings and checking accounts.\nAvailable Services\nThe ATM you use may restrict the number of credit card transactions\nand the amount of each transaction. Each ATM owner determines hours\nof service, but ATMs are generally available 24 hours a day, 7 days a\nweek, subject to periodic closures for maintenance.\nDocumentation of Transactions\nThe ATM may generate a receipt for cash advance transaction, and ATM\ncash advance transactions will appear on your monthly statement.\n\n7\n\n\x0cCredit Union Liability\nWe will not be liable for failure to complete cash advance transactions if:\n1. Your Account does not have available credit to make the transaction;\n2. The ATM system was not working properly and you knew about the\nbreakdown when you started the transaction;\n\nPO BOX 8020\nPleasanton, CA 94588\n\n3. Your personal identification number (PIN) or Card has been\nreported lost or stolen and we have blocked its use;\n\n800.358.8228 patelco.org\n\n4. Circumstances beyond our control, such as communication\nmalfunction, fire, flood, electrical failure, or malfunction of\nthe central data processing facility prevent completion of the\ntransaction despite our reasonable precautions; or\n5. We establish other lawful exceptions and notify you of them.\nSecurity\nDo not use an ATM machine unless it appears safe to do so. Do not key\nin your PIN if someone is looking. Take your Card, receipt and money\nwhen you are done, put your money away quickly, and leave the site.\nNOTICE TO CO-SIGNER\n(Traduccion en Ingles Requiere Por Lay Ley)\nYou are being asked to guarantee this debt. Think carefully before\nyou do. If the borrower doesn\xe2\x80\x99t pay the debt, you will have to. Be\nsure you can afford to pay if you have to, and that you want to\naccept this responsibility.\nYou may have to pay up to the full amount of the debt if the\nborrower does not pay. You may also have to pay late fees or\ncollection costs, which increase this amount.\nThe creditor can collect this debt from you without first trying to\ncollect from the borrower. The creditor can use the same collection\nmethods against you that can be used against the borrower, such\nas suing you, garnishing your wages, etc. If this debt is ever in\ndefault, that fact may become part of your credit record.\nThis notice is not the contract that makes you liable for the debt.\nAISO PARA EL FIADOR\n(Spanish Translation Required by Law)\nSe le est\xc3\xa1 pidiendo que garantice esta deuda. Pi\xc3\xa9nselo con cuidado\nantes de ponerse de acuerdo. Si al persona que ha pedido este\npr\xc3\xa9stamo no pag\xc3\xb3 la deuda, usted tendr\xc3\xa1 que pagarla. Est\xc3\xa9 seguro de\nque usted podr\xc3\xa1 pagar si sea obligado a pagarla y de que usted desea\naceptar la responsabilidad.\nSi la persona que ha pedido el pr\xc3\xa9stamo no paga la deuda, es posible\nque usted tenga que pagar la suma total de la deuda, mas los cargos\npor tardarse en al pago o el costo de cobranza, lo cual aumenta el total\nde esta suma.\nEl acreedor (financiero) puede cobrarle a usted sin, primeramente,\ntratar do cobrarle al deudor. Los mismos metodos de cobranza que\npueden usarse contra el deudor, podran usarse contra usted, tales\ncomo presentar una demanda en corte, quitar parte de su sueldo, etc.\nSi alguna ves no se cumpla con la obligaci\xc3\xb3n de pagar esta deuda, se\npuede incluir esa informaci\xc3\xb3n en la historia de credito de usted.\nEste aviso no es el contrato mismo en que se le scha a usted la\nresponsabilidad de la deuda.\n\n\xc2\xa9 2014 Greene & Allison LLP. All rights reserved.\n\nPCUM005-0614\n\n\x0c'


b'First Command Bank Visa Cardholder Agreement (Classic)\nThe person(s) ("Cardholder," whether one or more) who signed and\nreturned the Application for a Visa ("Application") has requested\nFirst Command Bank ("Bank") to extend to Cardholder open-end\ncredit. The term "Cardholder" means each person who signed and\nreturned the Application and any other person who has agreed to\nbe responsible for the Account (defined below). As used in this\nAgreement, the term \xe2\x80\x9cperson\xe2\x80\x9d means an individual or an entity, as\napplicable. By Cardholder\'s use of the credit card ("Card"), furnished by Bank in reliance in part upon the information supplied by\nCardholder in the Application, Cardholder agrees with Bank as follows:\n1. Using the Account. Cardholder has accepted the revolving triparty account ("Account") made available to Cardholder by Bank.\nCardholder may use the Card to purchase or lease goods or services, or pay amounts that Cardholder owes, wherever the Card is\nhonored ("Credit Purchases"). Cardholder may also use the Card\nto obtain cash loans ("Cash Advances") from any financial institution that accepts the Card. Cardholder agrees that the Account will\nnot be used to access gambling web sites or to purchase illegal\ngoods or services. Bank may refuse to process any transaction that\nBank believes may violate this Agreement. If Cardholder provides\nthe Account number to make a purchase or obtain an advance without presenting the Card (such as for a mail order or telephone purchase), or if Cardholder authorizes someone else to make a charge\nto the Account, Cardholder\'s obligation to pay will be the same as\nif the Card itself was used. Cash Advances also may be obtained\nthrough use of the Card (a) upon execution of a written request of\nCardholder in a form furnished by any financial institution that is a\nmember, alone or in association with others, of Visa, Inc. or (b)\nupon Cardholder\'s execution of a written separate agreement with\nBank for a Visa overdraft financial agreement, if offered by Bank.\nAll Credit Purchases and Cash Advances are effected at the option\nof the retail merchant ("Seller") and/or cash advancing financial institution respectively, and Bank shall not be responsible for refusal\nby any Seller or cash advancing financial institution to honor the\nCard or any "Related Card," as defined in paragraph 2 below.\n2. Obligations on the Account. Cardholder (jointly or severally if\nmore than one) promises to pay Bank at the address specified on\nthe periodic statement (see paragraph 5 below) for all Credit Purchases and Cash Advances, together with any Finance Charge as\nherein provided, plus any other charges permitted by this Agreement, all such payments must be in lawful money of the United\nStates of America. Cardholder will pay in their equivalent in U.S.\ndollars all charges in a foreign currency, which equivalence will be\ndetermined by reference to the amount in U.S. dollars. Bank shall\nhave paid in good faith to the person presenting the item to Bank.\nCardholder shall be liable and agrees to pay Bank for Credit Purchases made by, or for Cash Advances extended to, Cardholder or\nanyone else using the Card unless the use of such Card is by a\nperson other than the Cardholder (a) who does not have actual,\nimplied, or apparent authority for such use and (b) from which Cardholder receives no benefit. Additionally, Cardholder shall be jointly\nand severally liable, and agrees to pay, for all Credit Purchases\nand Cash Advances obtained through the use of any other Card\nbearing Cardholder\'s Account number that has been issued to another person by reason of such person being a member of Cardholder\'s family, or otherwise issued upon Cardholder\'s request (all\nsuch Cards bearing the same Account number hereinafter collectively called "Related Cards"). Subject to any mandatory provisions\nof applicable law, all payments made by Cardholder will be applied\nto the balances on Cardholder\'s Account in the manner set forth\nlater in this Agreement.\n3. Credit Limit. Bank will inform Cardholder from time to time of\nthe maximum amount of debt ("Credit Limit") that may be outstanding in the Account at any time, and Bank, in its sole discretion may\nadjust the Credit Limit from time to time. Cardholder agrees not to\nuse or permit the use of the Card in any manner that would cause\nthe outstanding balance in the Account ever to exceed the Credit\nLimit. If Cardholder attempts a transaction which results in Cardholder\xe2\x80\x99s total outstanding balance (plus authorizations) exceeding\nCardholder\'s Credit Limit, Bank may: (a) permit the transaction\nwithout raising Cardholder\'s Credit Limit; (b) permit the transaction\nand treat the amount of the transaction that is more than the Credit\nLimit as immediately due; or (c) refuse to permit the transaction. If\nBank refuses to permit the transaction, Bank may advise the person who attempted the transaction that it has been refused. If Bank\nhas previously permitted Cardholder to exceed Cardholder\'s Credit\nLimit, it does not mean that Bank will permit Cardholder to exceed\nCardholder\'s Credit Limit on a subsequent date. Bank may designate that only a portion of Cardholder\'s Credit Limit is available for\nCash Advances. If Cardholder exceeds that limit, Cardholder will\nbe considered to have exceeded the Credit Limit for all purposes\nunder this Agreement.\n4. Notices. Bank will send periodic statements and any other notices to Cardholder at the address shown in Bank\'s files. If this is a\njoint Account, Bank can send periodic statements and notices to\neither Cardholder. Cardholder promises to inform Bank promptly,\nin writing, of any changes in Cardholder\'s address. Cardholder authorizes Bank, or anyone acting on Bank\'s behalf, to call or send a\n\ntext message to any number Cardholder provides or to any number\nwhere Bank may reasonably believe Bank can contact cardholder,\nincluding calls to mobile, cellular, or similar devices, and calls using\nautomatic telephone dialing systems and/or pre-recorded messages, or to send an email to any address where Bank reasonably\nbelieves Bank can contact Cardholder. Calls and messages may\nbe made for any lawful purpose, including but not limited to: suspected fraud or identity theft; obtaining information; Cardholder\'s\naccount transactions or servicing; collecting on Cardholder\'s account; and providing Cardholder information about products and\nservices.\n5. Periodic Statement. As of the end of each monthly billing cycle,\nCardholder will be furnished a periodic statement showing, among\nother things, (a) the amount owed ("Previous Balance") at the beginning of the billing cycle, (b) the amount of all Cash Advances,\nCredit Purchases and Finance Charge posted to the Account during the billing cycle, (c) the amount of all payments and credits\nposted to the Account during the billing cycle, and (d) the total\namount due ("New Balance") at the end of the billing cycle (which\namount is the sum of [a] and [b] less [c]), (e) the "Minimum Payment," and (f) the "Payment Due Date." If Cardholder is composed\nof more than one person, only one periodic statement will be provided.\n6. Minimum Payment. Cardholder agrees to pay to Bank, on or\nprior to the Payment Due Date shown on the periodic statement,\nthe sum of (a) either (i) the entire New Balance or (ii) at Cardholder\'s option, an amount which shall be at least 2.50% of the New\nBalance (rounded up to the nearest dollar) or $50.00, whichever is\ngreater, and (b) any amount that is past due and any amount that\nis over the Credit Limit. If the New Balance is less than $50.00, it\nshall be paid in full. Cardholder may pay more than the Minimum\nPayment, and may at any time pay the full amount owing to Bank.\nIf Cardholder pays more than the Minimum Payment, Cardholder\nmust still pay the Minimum Payment as reflected on the next periodic statement. The Payment Due Date for a billing cycle will be\nnot less than twenty-five (25) days after the preceding billing cycle\nends (the "Closing Date").\n7. Annual Fee. Bank does not charge an annual fee for the Card.\n8. Late Payment Fee. If Bank does not receive a payment from\nCardholder in at least the amount of the Minimum Payment within\n30 days after the Payment Due Date shown on the periodic statement, Bank may charge Cardholder a late payment fee in the\namount stated below in the Table of Charges. Cardholder will only\nbe charged a late payment fee for any Minimum Payment which is\nnot paid within 30 days after the Payment Due Date.\n9. Cash Advance Fee. Each time Cardholder uses the Card or a\nConvenience Check to obtain a Cash Advance, Bank will assess a\ncash advance fee in the amount stated in the Table of Charges.\n10. When Finance Charge Begins. Bank adds a Finance Charge\nto the Account for all Cash Advances from the later of (a) the day\nthe Cash Advance is posted to the Account, or (b) the first day of\nthe billing cycle in which the Cash Advance is posted until Cardholder pays the transaction(s) in full. For Credit Purchases, Bank\nadds a Finance Charge to the Account if the Cardholder does not\npay the New Balance in full by the Payment Due Date shown on\nthe periodic statement. If Bank adds a Finance Charge, Bank begins to charge the Finance Charge on all amounts Cardholder\nowes Bank (except "New Purchases") from the first day of the billing cycle; provided, however, any portion of the New Balance subject to a grace period that is paid prior to the expiration of the grace\nperiod will not be assessed a Finance Charge. For New Purchases,\nBank begins to charge the Finance Charge from the date Bank\nposts the New Purchase to the Account unless Cardholder has\npaid the New Balance in full on the previous periodic statement. A\nNew Purchase is one that appears on the periodic statement for\nthe first time.\n11. Calculation of Finance Charge. Bank calculates the Finance\nCharge on the Account by applying the "Periodic Rate" (defined\nbelow) to the "Average Daily Balance" of the Account. To obtain\nthe Average Daily Balance, Bank starts with the beginning balance\nof the Account on each day, excluding unpaid Finance Charges.\nBank adds any Cash Advances posted to the Account that day, and\nany New Purchases, unless Cardholder paid the New Balance in\nfull for the previous billing cycle by the Payment Due Date. Bank\nsubtracts any credits and payments (after any unpaid Finance\nCharges are paid) posted to the Account that day. This results in\nthe "Daily Balance." Then, Bank adds up all the Daily Balances for\nthe billing cycle and divides that by the total number of days in the\nbilling cycle. This results in the Average Daily Balance. The Finance Charge on the Account is calculated by multiplying the Average Daily Balance by the Periodic Rate which is .010417.\n\nTable of Charges\nInterest Rate and Interest Charges\n\nAnnual Percentage\nRate (APR)\n\n12.50% for Cash Ad-\n\nDefault APR and\nWhen It Applies\n\n18%\nThis APR may be applied\nto Cardholder\'s account\nwhen the full balance becomes due and payable\nand Cardholder has been\nnotified of the APR increase.\n\nPaying Interest\n\nCardholder\'s Payment Due\nDate is at least 25 days after the close of each billing\ncycle. Bank will not charge\nany interest on purchases\nif Cardholder pays the entire balance by the Payment Due Date each\nmonth. Bank will begin\ncharging interest on Cash\nAdvances on the transaction date.\n\nCredit Card Tips\nfrom the Federal\nReserve Board\n\nTo learn more about factors to consider when using\na credit card, visit the website of the Federal Reserve\nBoard at http://www.federalreserve.gov/creditcard\n\nvances and/or Credit Purchases.\n(The APR will vary with the\nmarket based on the Prime\nRate)**\n\nFees\nAnnual Fees\nNone\nTransaction Fees\n\xe2\x80\xa2 Balance Transfer None\n\xe2\x80\xa2 Cash Advance Either $2.00 or 2% of the\namount of each Cash Advance, whichever is\ngreater, but not more than\n$75.00 per Cash Advance\nPenalty Fees\n\xe2\x80\xa2 Late Payment The lesser of $15.00, or\n5% of each Minimum Payment which is not made\nwithin 30 days after the applicable Payment Due Date\n\xe2\x80\xa2 Over Credit Limit None\n\xe2\x80\xa2 Returned Payment $20.00\n** For Cash Advances and Credit Purchases, Bank adds 9% to\nthe Prime Rate to determine the variable APR (Periodic Rate\n.010417 as of January 1, 2016).\nHOW BANK WILL CALCULATE CARDHOLDER\xe2\x80\x99S BALANCE:\nBank uses the average daily balance method (including new transactions). See \xe2\x80\x9cCalculation of Finance Charge\xe2\x80\x9d section in this\nAgreement.\nFor Credit Purchases and Cash Advances, the APR varies with\nchanges to the Prime Rate. The \xe2\x80\x9cPrime Rate\xe2\x80\x9d is the highest prime\nrate published in the Money Rates column of the Wall Street JourNew Classic Account (1/1/2016)\n\n\x0cnal 30 days before the Closing Date on Cardholder\xe2\x80\x99s periodic statement (the \xe2\x80\x9cCalculation Date\xe2\x80\x9d). On January 1, 2016, the Prime Rate\nwas 3.50% therefore the APR was 12.50% as to Credit Purchases\nand Cash Advances. The APR will go up and down depending on\nthe Prime Rate as of each Calculation Date; however, the APR is\nsubject to change only on the first day of each billing cycle. If the\nPrime Rate and the corresponding APR increase, the Finance\nCharge also will increase and Cardholder\xe2\x80\x99s Minimum Payment may\nalso increase. The Prime Rate is only a pricing index and is not the\nlowest interest rate available.\nBILLING RIGHTS: Information on Cardholder\xe2\x80\x99s rights to dispute\ntransactions and how to exercise those rights are included in this\nAgreement. See \xe2\x80\x9cYour Billing Rights\xe2\x80\x9d section in this Agreement.\n12. Other Payment Terms. All payments received on or before (a)\n5 o\'clock p.m. (Fort Worth, Texas time) on Bank\'s business day at\nthe address indicated on the periodic statement, or (b) the closing\ntime of the applicable branch if payment is made in person, will be\ncredited to the Account as of the date of receipt of payment. If payment is made at any other location, credit for the payment may be\ndelayed up to 5 days. Bank can accept late or partial payments, as\nwell as payments that are marked with "Paid In Full" or any other\nsimilar language without losing or waiving any of Bank\xe2\x80\x99s rights or\nCardholder\'s obligations under this Agreement. Payment by check\nconstitutes Cardholder\'s authorization for Bank to make a one-time\nelectronic funds transfer from Cardholder\'s bank to make such payment. Bank is not responsible for any lost or stolen cash payments.\nPayments and credits to the Account will be applied in the following\norder:\n\xef\x82\xa8 Unpaid Finance Charge;\n\xef\x82\xa8 Late Fee;\n\xef\x82\xa8 Cash Advance from previous billing cycle;\n\xef\x82\xa8 Credit Purchases from previous billing cycle;\n\xef\x82\xa8 Cash Advances from current billing cycle; and\n\xef\x82\xa8 Credit Purchases from current billing cycle.\nIf two APRs apply to Cardholder\xe2\x80\x99s balance, after payment of accrued Finance Charges and late fees, Bank will allocate the rest of\nthe payment to the balance which has the higher APR.\n13. Convenience Checks. Bank may issue "Convenience\nChecks" to Cardholder that may be used to access the Account.\nUse of a Convenience Check will be treated as a Cash Advance in\nthe amount of the Check. Each Convenience Check will contain\nCardholder\'s Account Number, and may be used only by the person(s) whose name(s) is/are printed on it. Each Convenience\nCheck must be completed and signed in the same way as a regular\npersonal check. If Bank provides Convenience Checks for the Account, Cardholder may not use them to pay any amount Cardholder\nowes under this Agreement. Cardholder agrees that Bank need not\nreturn Convenience Checks to Cardholder after their use, and that,\nif Cardholder needs evidence of any payment represented by the\nConvenience Check, a photocopy or similar reproduction will be\nsatisfactory for such purposes. If Cardholder wishes to prevent\npayment of a Convenience Check, the instructions which Bank provides when the Convenience Checks are issued must be followed.\nIn the event payment of a Convenience Check has been stopped,\nCardholder agrees to hold Bank harmless and indemnify Bank for\nany losses, expenses and costs, including attorney\'s fees incurred\nby Bank, for preventing payment of any Convenience Check. Bank\nwill use its best efforts to stop payment, but will incur no liability to\nCardholder if it is unable to stop payment on a Convenience Check.\n14. Transaction Limits. Bank may establish limits on the amount\nCardholder may borrow or the types of transactions Bank will permit, such as one or more of the following:\n\xef\x82\xb7 Cash Advance, Balance Transfer, or Purchase Limits which is\nthe maximum balance for each type of transaction Cardholder\nmay have.\n\xef\x82\xb7 Daily limits which are limits on the number or total dollar\namount of certain transactions that Bank will authorize in a\nsingle day.\n\xef\x82\xb7 Location limits which are certain geographic or merchant locations where Bank may not permit transactions to be made\nusually due to a higher risk of fraud or illegal activity.\n\xef\x82\xb7 Legal limits or limits on the use of an Account Bank deems\nnecessary to comply with the law or prevent liability to Bank\nor anyone else.\n\xef\x82\xb7 Other limits which Bank may establish to prevent fraud or\nlosses on the Account or to protect Bank, its members, vendors, affiliates, or other persons.\nBank will advise Cardholder about some of the limits such as Cardholder\xe2\x80\x99s credit limit; however, for security and other reasons Bank\nwill not tell Cardholder about all the limits Bank sets. Cardholder\nagrees not to exceed the limits of which it has been informed or\nallow the Account to exceed those limits. Bank can increase, reduce, cancel, or suspend any of the limits or add new limits at any\ntime.\n15. Termination. Bank may terminate Cardholder\'s privileges under this Agreement or limit Cardholder\'s right to make Credit Purchases or receive Cash Advances at any time (and list Cardholder\'s Account in warning bulletins in the event of such termination)\nwithout any reason or without advance notice or resulting liability.\nIf Bank requests, Cardholder must return the Card and Convenience Checks to Bank. Cardholder agrees that Cardholder will not\ntry to make a Credit Purchase or obtain a Cash Advance after Cardholder has been notified that Cardholder\'s privilege to use the Account has been terminated. Cardholder may terminate this Agreement at any time. If Cardholder does terminate, all Cards and Con-\n\nvenience Checks previously issued on the Account must be returned to Bank. If Cardholder telephones Bank with the termination\nrequest, Bank may require that Cardholder confirm such intent to\nterminate in writing. Bank\'s or Cardholder\'s termination will not affect Cardholder\'s existing obligations under this Agreement or\nCardholder\'s liability for all charges posted to Cardholder\'s Account\nprior to the time all Cards and Convenience Checks are returned\nto Bank. When the Account is closed, Cardholder must contact\neveryone authorized to charge transactions to the Account, such\nas internet service providers, health clubs or insurance companies.\nThese transactions may continue to be charged to the Account until\nCardholder changes the billing. Also, if the Bank believes Cardholder has authorized a transaction or is attempting to use Cardholder\xe2\x80\x99s Account after Cardholder has requested to close the Account, Bank may allow the transaction to be charged to the Account. If the Account is terminated by Cardholder or by Bank for\nreasons other than Cardholder\'s default, Cardholder will be required to pay the outstanding balance on the Account according to\nthe terms of this Agreement immediately prior to such termination.\n16. Default. If (a) Cardholder defaults in any payment required to\nbe made on the Account or otherwise violates any provision of this\nAgreement, or (b) Cardholder dies or seeks to obtain any relief as\na debtor in any proceeding under any bankruptcy, insolvency, or\ndebtor relief law, or (c) Cardholder provides Bank with false or misleading information or signatures at any time, or (d) Cardholder fails\nto make any payment or perform any promise in any other agreement or obligation that Cardholder owes Bank, then Cardholder will\nbe in default under this Agreement. Bank, upon such default, may\nat its election (a) decline to extend further credit under this Agreement (and Cardholder agrees not to make further Credit Purchases\nor to obtain further Cash Advances) and (b) declare all amounts\nthen owed to Bank by Cardholder immediately due and payable,\nwithout prior notice or demand of any kind, except as may be required by applicable law. After Bank declares all amounts then\nowed to Bank by Cardholder to be due and payable, and terminates\nCardholder\xe2\x80\x99s credit privileges under the Account Bank, at its option\n(but only after providing to Cardholder notice if such is required by\napplicable law), may increase the Annual Percentage Rate up to\n18%, which is the Default Rate under the Table of Charges.\n17. Collection Charges. If Cardholder defaults, to the extent permitted by applicable law, Cardholder agrees to pay (a) all amounts\nactually incurred by Bank as court costs and attorneys\' fees set by\na court in connection with the collection of amounts due by Cardholder under the Account and (b) premiums or other identifiable\ncharges received in connection with the permitted sale of insurance. In addition, Bank may impose on Cardholder a processing\nfee of $20.00 if a check provided to Bank by Cardholder is dishonored for any reason. The dishonored check processing fee may be\nadded to the New Balance and is payable on the next following due\ndate, however, such fee will not accrue any Finance Charge.\n18. Governing Law. This Agreement is performable in Texas and\nis made pursuant to the provisions of Chapter 346 of the Texas\nFinance Code, as amended. THE VALIDITY, CONSTRUCTION,\nAND ENFORCEMENT OF THIS AGREEMENT AND ALL MATTERS ARISING OUT OF THE ISSUANCE AND USE OF THE\nCARD SHALL BE GOVERNED BY THE LAWS OF THE STATE\nOF TEXAS AND, TO THE EXTENT APPLICABLE, THE LAWS OF\nTHE UNITED STATES.\n19. Amendment. The terms of this Agreement including, but not\nlimited to, the rate or index, formula or provision of law used to\ncompute the ANNUAL PERCENTAGE RATE are subject to revision as to current and future balances, from time to time, by written\nnotice from Bank to Cardholder as provided by applicable law.\n20. Telephone Conversations. Cardholder agrees that Bank, its\nagents, or service companies may monitor and/or record any telephone communications with Cardholder.\n21. Liability for Unauthorized Use. Cardholder may be liable for\nunauthorized use of the Account. If the Card is lost or stolen, or if\nCardholder believes someone is using the Account without proper\nauthority, Cardholder must notify Bank immediately by calling 1800-325-3678. Cardholder will not be liable for unauthorized use\nthat occurs after Cardholder notifies Bank of the loss or theft of the\nCard or Convenience Check, or the possible unauthorized use of\nthe Account. Bank may terminate or limit access to the Account if\nCardholder has notified Bank, or if Bank has determined that the\nCard or Convenience Check may have been lost or stolen, or that\nthere may be unauthorized access to the Account. Cardholder\nagrees to provide Bank with complete cooperation in Bank\'s efforts\nto recover any stolen Card or Convenience Check and amounts\ndue from unauthorized users, and in prosecuting unauthorized users.\n22. Bank\xe2\x80\x99s Liability for Failing to Make Transfers. If Bank does\nnot complete a transaction to or from the Account on time or in the\ncorrect amount according to this Agreement, Bank may be liable\nfor Cardholder\'s losses or damages. However, there are some exceptions. Bank will not be liable, for instance: (a) if, through no fault\nof Bank\'s, the available credit is insufficient for the transaction or is\nunavailable for withdrawal (for example, because funds have not\nbeen finally collected or are subject to legal process); (b) if a computer system, ATM, or point of sale terminal did not have enough\ncash or was not working properly and Cardholder knew about the\nproblem when Cardholder started the transaction; (c) if Cardholder\nattempts to use the Account or the Card which has not been\nproperly activated; (d) if the Card has been reported as lost or stolen, has been suspended by Bank or Bank has reason to believe\nthe transaction is not authorized by Cardholder, or if Cardholder is\ntrying to defraud Bank; or (e) as otherwise provided in this Agreement.\n\n23. Assignment of Account. Cardholder agrees that Bank may at\nany time assign and transfer Cardholder\'s Account, this Agreement, and Bank\'s rights and obligations under this Agreement,\nwithout Cardholder\'s consent or notice to Cardholder. The person\nto whom the Account and Agreement is assigned shall be entitled\nto all of Bank\'s rights under this Agreement.\n24. Information Sharing. Cardholder authorizes Bank to share information concerning Cardholder and Cardholder\xe2\x80\x99s Account with\ncompanies related to Bank by common ownership. Cardholder authorizes Bank to share information with companies in which Bank\nhas an ownership interest, concerning purchases made by Cardholder using Cardholder\xe2\x80\x99s Account, for the purpose of obtaining\nspecial merchandise offers or discounts for Cardholder. Cardholder\ndoes not authorize Bank to disclose Cardholder\xe2\x80\x99s name, address,\ntelephone number or other personal information to these companies.\n25. Credit Reporting Agencies. Bank may review Cardholder\xe2\x80\x99s\ncredit history by obtaining information from credit reporting agencies and others. Bank may report information about Cardholder and\nCardholder\xe2\x80\x99s Account to credit reporting agencies. If Cardholder requests additional cards on Cardholder\xe2\x80\x99s Account for others, Bank\nmay report Account information in Cardholder\xe2\x80\x99s name as well as in\nthe names of those other people. A negative credit report which\nmay affect Cardholder\xe2\x80\x99s credit record may be submitted to a credit\nreporting agency if Cardholder fails to keep Cardholder\xe2\x80\x99s promises\nunder this Agreement. If Cardholder thinks Bank has reported information to a credit reporting agency that is not correct, Cardholder may write to Bank using the address listed on Cardholder\xe2\x80\x99s\nbilling statement or 1 FirstComm Plaza, Fort Worth, Texas 76109.\nPlease include Cardholder\xe2\x80\x99s name, address, Account number, telephone number, Social Security Number, and a brief description of\nthe problem and, if available, a copy of the credit reporting agency\nreport. Bank will investigate the matter. If Bank\xe2\x80\x99s investigation\nshows that Cardholder is correct, Bank will contact each credit reporting agency to which Bank reported the information and will request they correct the report. If Bank disagrees with Cardholder\nafter Bank\xe2\x80\x99s investigation, Bank will tell Cardholder in writing or by\ntelephone.\n26. Delay of Rights. Bank can waive or delay enforcement of any\nof its rights under this Agreement without losing them.\n27. Separable Provisions. If any provision of this Agreement is\nheld to be invalid or enforceable, the rest of this Agreement will not\nbe affected. Cardholder will not be held liable for Finance Charges\nor other fees and charges greater than the maximum allowed by\nlaw that applies.\n28. Limitation of Responsibility. Bank will not be responsible for\nmerchandise or services purchased by Cardholder with the Card or\nConvenience Check unless required by law. Any refund, adjustment or credit allowed by a Seller shall not be cash, but rather be\nby a credit advice to Bank which shall be shown as a credit on the\nperiodic statement. Bank will not be responsible for the refusal of\nany person to honor the Card or Convenience Check or if Cardholder is not able to use the Card at an ATM. (a) Bank will not be\nresponsible for merchandise or services purchased by Cardholder\nwith the Card or Convenience Check unless required by law. Any\nrefund, adjustment or credit allowed by a Seller shall not be cash,\nbut rather be by a credit advice to Bank which shall be shown as a\ncredit on the periodic statement. Bank will not be responsible for\nthe refusal of any person to honor the Card or Convenience Check\nor if Cardholder is not able to use the Card at an ATM[; and (b)\nBANK WILL NOT BE LIABLE TO CARDHOLDER FOR DELAYS\nOR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND BANK\'S CONTROL, INCLUDING, WITHOUT LIMITATION,\nACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF\nMERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEMFAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO CARDHOLDER\'S EQUIPMENT, ANY\nINTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE\nEVENT THAT BANK IS HELD LIABLE TO CARDHOLDER, CARDHOLDER WILL ONLY BE ENTITLED TO RECOVER CARDHOLDER\'S ACTUAL DAMAGES. IN NO EVENT SHALL CARDHOLDER\nBE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN\nCONTRACT, TORT OR OTHERWISE), EVEN IF CARDHOLDER\nHAS ADVISED BANK OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE\nEXTENT OTHERWISE PROHIBITED BY LAW.\n29. Transactions Made in Foreign Currencies. If Cardholder\nmakes a transaction in a foreign currency, the transaction will be\nconverted by Visa into a U.S. dollar amount in accordance with the\noperating regulations or conversion procedures in effect at the time\nthat the transaction is processed. Currently, those regulations and\nprocedures provide that the currency conversion rate to be used is\neither (a) a wholesale market rate or (b) a government-mandated\nrate in effect one (1) day prior to the processing date, increased by\none percent (1%) in each case. Visa retains this one percent as\ncompensation for performing the currency conversion service. The\ncurrency conversion rate in effect on the processing date may differ\nfrom the rate in effect on the transaction date or the posting date.\n30. USA Patriot Act. Bank is subject to the requirement of the USA\nPatriot Act (Title III of Pub. L. 107 56 [signed into law October 26,\n2001]) (the \xe2\x80\x9cAct\xe2\x80\x9d) and hereby notifies Cardholder that pursuant to\nthe requirements of the Act, it is required to obtain, verify, and record information that identifies Cardholder which information includes the name and address of Cardholder and other information\nthat will allow such Bank to identify Cardholder in accordance with\nthe Act.\nNew Classic Account (1/1/2016)\n\n\x0c31. Other Agreements. This Agreement supersedes all prior\nAgreements between Bank and Cardholder governing the use of\nthe Card and the Account.\nSTATE SPECIFIC INFORMATION\nCalifornia Residents: Cardholder (a) may use the Account up to\nits Credit Limit; (b) may be liable for amounts extended under the\nAccount to any joint Cardholder. As required by law, Cardholder is\nhereby notified that a negative credit report reflecting on Cardholder\'s credit record may be submitted to a credit reporting agency if\nCardholder fails to fulfill the terms of Cardholder\'s credit obligations.\nOhio Residents: Ohio anti-discrimination laws require creditors to\nmake credit equally available to all creditworthy customers and that\ncredit reporting agencies maintain separate credit histories on individuals upon request. The Ohio Civil Rights Commission administers these laws.\nNew York and Vermont Residents: Bank may obtain at any time\nCardholder\'s credit reports for any legitimate purpose associated\nwith the Account or the application or request for an Account, including but not limited to reviewing, modifying, renewing and collecting on Cardholder\'s Account. On Cardholder\'s request Cardholder will be informed if such a report was ordered. If so, Cardholder will be given the name and address of the consumer reporting agency furnishing the report. New York residents may contact\nthe New York State Banking Department (1-800-518-8866) for a\ncomparative list of credit card rates, fees, and grace periods.\nMarried Wisconsin Applicants: No provisions of any marital\nproperty agreement, unilateral statement, or court order applying\nto marital property will adversely affect a creditor\'s interests unless\nprior to the time credit is granted, the creditor is furnished a copy of\nthe agreement, statement or court order, or has actual knowledge\nof the provision.\nYOUR BILLING RIGHTS: Keep this Document for Future Use\nThis Notice contains important information about your rights and\nour responsibilities under the Fair Credit Billing Act. For purposes\nof this Notice, "we" and "us" mean Bank, and "you" and "your"\nmean Cardholder.\n\nIf we do not follow all of the rules above, you do not have to pay\nthe first $50 of the amount you question even if your bill is correct.\nYOUR RIGHTS IF YOU ARE DISSATISFIED WITH YOUR\nCREDIT CARD PURCHASES\nIf you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to\ncorrect the problem with the merchant, you may have the right not\nto pay the remaining amount due on the purchase.\nTo use this right, all of the following must be true:\n1. The purchase must have been made in your home state or\nwithin 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of\nthese are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold\nyou the goods or services.)\n2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check\nthat accesses your credit card Account do not qualify.\n3. You must not yet have fully paid for the purchase.\nIf all of the criteria above are met and you are still dissatisfied with\nthe purchase, contact us in writing on a separate sheet at the Cardmember Service address shown on your billing statement.\nWhile we investigate, the same rules apply to the disputed amount\nas discussed above. After we finish our investigation, we will tell\nyou our decision. At that point, if we think you owe an amount and\nyou do not pay, we may report you as delinquent.\n\nWHAT TO DO IF YOU FIND A MISTAKE ON YOUR STATEMENT\nIf you think there is an error on your statement, write to us on a\nseparate sheet at the Cardmember Service address shown on your\nbilling statement.\nIn your letter, give us the following information:\n\xef\x82\xb7 Account information: Your name and Account number.\n\xef\x82\xb7 Dollar amount: The dollar amount of the suspected error.\n\xef\x82\xb7 Description of problem: If you think there is an error on your bill,\ndescribe what you believe is wrong and why you believe it is a\nmistake.\nYou must contact us:\n\xef\x82\xb7 Within 60 days after the error appeared on your statement.\n\xef\x82\xb7 At least 3 business days before an automated payment is\nscheduled, if you want to stop payment on the amount you think\nis wrong.\nYou must notify us of any potential errors in writing. You may call\nus, but if you do we are not required to investigate any potential\nerrors and you may have to pay the amount in question.\nWHAT WILL HAPPEN AFTER WE RECEIVE YOUR LETTER\nWhen we receive your letter, we must do two things:\n1. Within 30 days of receiving your letter, we must tell you that we\nreceived your letter. We will also tell you if we have already corrected the error.\n2. Within 90 days of receiving your letter, we must either correct\nthe error or explain to you why we believe the bill is correct.\nWhile we investigate whether or not there has been an error:\n\xef\x82\xb7 We cannot try to collect the amount in question, or report\nyou as delinquent on that amount.\n\xef\x82\xb7 The charge in question may remain on your statement, and\nwe may continue to charge you interest on that amount.\n\xef\x82\xb7 While you do not have to pay the amount in question, you\nare responsible for the remainder of your balance.\n\xef\x82\xb7 We can apply any unpaid amount against your credit limit.\nAfter we finish our investigation, one of two things will happen:\n\xef\x82\xb7 If we made a mistake: You will not have to pay the amount\nin question or any interest or other fees related to that\namount.\n\xef\x82\xb7 If we do not believe there was a mistake: You will have to\npay the amount in question, along with applicable interest\nand fees. We will send you a statement of the amount you\nowe and the date payment is due. We may then report you\nas delinquent if you do not pay the amount we think you\nowe.\nIf you receive our explanation but still believe your bill is wrong, you\nmust write to us within 10 days telling us that you still refuse to pay.\nIf you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the\nname of anyone to whom we reported you as delinquent, and we\nmust let those organizations know when the matter has been settled between us.\nNew Classic Account (1/1/2016)\n\n\x0c'