b'Diners Club\xc2\xae\nCharge Card\nCardmember\nAgreement\n\n\x0cCardmember Agreement\nThis document and the card carrier that is sent with\nthe card together make up your Card Agreement and\nthroughout this document are referred to as Agreement\nor Card Agreement. The card carrier contains important\naccount information including the amount of any\nmembership fee. Please read and keep these documents\nfor your records. This Agreement is binding on you unless\nyou cancel your account within 30 days after receiving\nthe card and you have not used or authorized use of your\naccount.\nTo simplify this Agreement for you, the following\ndefinitions will apply. The words you, your, and yours\nmean all persons responsible for complying with this\nAgreement, including the person who applied to open\nthe account and the person to whom we address billing\nstatements. The word card means one or more cards\nor other access devices, such as account numbers, that\nwe have issued to permit you to obtain credit under this\nAgreement. The words we, us, and our mean BMO Harris\nBank N.A. and its successors and assigns, the issuer of your\naccount. The words authorized user mean any person to\nwhom you give permission to use your account.\nDisclosures for Active Duty Members of the Military\nand their Dependents\nThe following applies to members of the military and their\ndependents if, at the time you establish a covered account,\nyou are an active duty member of the military or you are\na dependent of an active duty member of the military (as\nset forth in the Military Lending Act, 10 U.S.C. 987, and its\nimplementing regulations).\nThe Arbitration Provision of this Agreement does not apply\nto individuals covered by this section.\nUsing Your Account and Your Credit Line\nThe card must be signed to be used. Whether you sign the\ncard or not, you are fully responsible for complying with\nall the terms of this Agreement, including the obligation\nto pay us for all balances due on your account as specified\nin this Agreement. Your card must only be used for lawful\ntransactions and may not be used to purchase goods or\nservices for resale.\nYour card can be used to buy or lease goods or services\nwherever the card is honored. Your account has a credit\nlimit, which may appear on your statement as a spend\nlimit. The full amount of the credit limit is available to use\nwhere the card is honored. Subject to applicable law, we\nmay reduce your credit limit at any time.\n\n\x0cYour account may also include a cash limit, which will be\na percentage of and subject to your credit limit. With the\nClub Cash\xc2\xae feature, your card can also be used to obtain\ncash through any bank or automated teller machine that\naccepts the card, subject to your credit limit. We may\nreduce your cash limit at any time, and we may limit the\nfrequency and amount of cash withdrawals you may make\nin any time period.\nWe will notify you of any new credit or cash limit either by\nsending you a notice or through your billing statement. A\nchange to your cash or credit limits may take effect before you\nreceive notification from us. You should always keep your total\nbalance below the credit limit. However, if the total due goes\nover your credit limit you must still pay us.\nAdditional Cards\nYou may request additional cards on your account for\nyourself or others and you may permit an authorized user\nto have access to the card or account number. However,\nif you do, you must pay us for all charges made by those\npersons, including charges for which you may not have\nintended to be responsible. You must notify us to revoke\nan authorized user\xe2\x80\x99s permission to use your account. If you\ndo so, we may close the account and issue a new card or\ncards with a different account number. You are responsible\nfor the use of each card issued on your account according\nto the terms of this Agreement.\nAnnual Membership Fee\nThe annual membership fee is $95 for the primary card\nand $35 for each additional card. The fee is non-refundable\nunless you notify us that you wish to cancel your account\nwithin 30 days from the mailing or delivery date of the\nbilling statement on which the fee is billed.\nBilling\nYour billing statement shows the total due, any interest\ncharges and fees imposed during the billing cycle, and\nthe payment due date. It also shows your current credit\nlimit; an itemized list of current charges, payments and\ncredits; an interest charge summary; and other important\ninformation. If we deem your account uncollectible or if we\ninstitute delinquency collection proceedings by sending it\nto an outside collection agency or attorney for collection,\nwe may, in our sole discretion, stop sending you billing\nstatements, unless otherwise prohibited by applicable law.\nYou must notify us of a change in your address by\ncontacting Customer Service by telephone or mail. We will\nmail or deliver the billing statement to only one address.\n\n\x0cAutomatic Billing Updater Service\nWe participate in the Mastercard\xc2\xae Automatic Billing\nUpdater (ABU) service. When your card number or\nexpiration date is updated, or your account is closed, we\nwill provide the updated card information to merchants\nwho participate in ABU with whom you have automatic\nbilling arrangements (such as telephone, cable companies,\ninsurance and health clubs). Since not all merchants\nparticipate in ABU, you should notify each merchant with\nwhom you have automatic billing arrangements of the\nupdated card information to ensure your payments are\nnot interrupted. If you do not want us to provide your card\nupdates through ABU, please call the customer service\nnumber on the back of your charge card and allow 60 days\nfor your opt out to take effect.\nHow We Determine the Balance\nThe total outstanding balance (the amount you owe us)\nappears as the \xe2\x80\x9cNew Balance\xe2\x80\x9d on the billing statement.\nTo determine the New Balance, we begin with the\noutstanding balance on your account at the beginning\nof each billing period, called the \xe2\x80\x9cPrevious Balance\xe2\x80\x9d on\nthe billing statement. We add any purchases and cash\nadvances and subtract any credits or payments credited as\nof that billing period. We then add the appropriate interest\ncharges and fees and make other applicable adjustments.\nTransaction Fee for Club Cash\xc2\xae Advances\nYou have obtained a cash advance for which we assess a\ncash advance transaction fee if you obtain funds from an\nautomated teller machine (ATM), through home banking,\nor through a financial institution; make a wire transfer;\nacquire a money order, traveler\xe2\x80\x99s check, lottery ticket,\nbetting or casino chip, or similar item; or engage in another\nsimilar transaction. For each cash advance, we add an\nadditional charge of 4.0% of the advance, but not less\nthan $4. The amount of the cash advance may include a\nsurcharge that the ATM owner imposes.\nCredit Balance\nYou may not maintain a credit balance in excess of your credit\nlimit. We will return to you any credit amount over $1.00 if the\namount has been on your account longer than six months. You\nmay request a refund of a credit balance at any time. We may\nreduce the amount of any credit balance by the amount of new\ncharges billed to your account.\n\n\x0cTransaction Fee for Purchases Made in\nForeign Currencies\nFor each purchase made in a foreign currency, we add to\nyour account an additional fee of 3.0% of the amount of\nthe purchase after its conversion into U.S. dollars.\nInformation on Foreign Currency\nConversion Procedures\nAny purchase you make in a foreign currency or any cash\nadvance you obtain in a foreign currency will be charged\nto your account in U.S. dollars after being converted by\nMastercard\xc2\xae*. Mastercard will act in accordance with its\nprocedures then in effect. Mastercard uses a Mastercard\nconversion rate in effect on the day the purchase or\ncash advance transaction is processed. The Mastercard\nconversion rate is either a government-mandated rate or a\nwholesale market rate.\nThe foreign currency conversion rate in effect on the\nprocessing date for a transaction may differ from the\nrate in effect on the sale or posting date on your billing\nstatement for that transaction. If a transaction is converted\nby a third party prior to that transaction being processed\nby Mastercard, the foreign currency conversion rate for that\ntransaction will be the rate selected by that third party.\nTotal Due\nEach month you must pay the Total Due that is shown\non your billing statement. Your Total Due equals the New\nBalance.\nPayments\nYou must pay the Total Due by the payment due date.\nInstructions for making payments are on your billing\nstatement. In order to be credited as of a particular day,\nyour payment must be received in the form specified, and\nby the hour specified, in those instructions. Do not send\ncash payments. We can accept late or partial payments,\nas well as payments that reflect \xe2\x80\x9cpaid in full\xe2\x80\x9d or other\nrestrictive endorsements, without losing any of our rights\nunder this Agreement. You agree to pay us in U.S. dollars\ndrawn on funds on deposit in the United States using a\npayment check, similar instrument, or automatic debit that\nwill be processed and honored by your bank. We reserve\nthe right to accept payments made in foreign currency and\ninstruments drawn on funds on deposit outside the United\nStates. If we do, we will select the effective currency\nconversion rate at our discretion and credit your account\nin U.S. dollars after deducting any fees or costs incurred\nin connection with processing your payment. If such fees\n\n\x0cor costs are not fully deducted at the time your account\nis credited for a payment, we will bill you separately for\nthem.\nOptional Payment Services\nOnline Payments. You may pay your account online or you\nmay request to make your payment by phone using our\noptional telephone payment service. Subject to applicable\nlaw, each time a representative of ours helps expedite your\npayment, you agree to pay us $14.95. Our representatives\nare trained to tell you this amount if you decide to use this\noptional telephone payment service.\nIn-Branch Payments. If you have a Diners Club branded\ncard, you may deliver your payment during normal\nbusiness hours to a Customer Service Representative at any\nbank branch identified by the BMO Harris name, brand or\nlogo. We will credit such payments on the day we receive\nthem.\nLate Fee\nAny portion of the Total Due from a previous billing period\nthat remains unpaid will appear as a Past Due balance\non the current card billing statement. In addition, we will\nimpose a late fee of up to $35. If you do not pay a Past\nDue amount for two consecutive billing cycles we will\nassess a late fee of up to $35 or 2.5% of the entire Past\nDue balance each time any portion of a Total Due balance\nis included in a Past Due balance and the Past Due Balance\nis more than $80. The fee will not exceed the amount\npermitted by applicable law.\nReturned Payment Fee\nSubject to applicable law, we may add a fee of up to\n$29 to the account when a payment check or similar\ninstrument is not honored, when we must return it\nbecause it cannot be processed, or when an automatic\ndebit is returned unpaid. At our option, we may assess this\nfee the first time your check or payment is not honored,\neven if it is honored upon resubmission. The fee will not\nexceed the amount permitted by applicable law.\nFees Disclosed at Time of Request\nUnless prohibited by law, we also may charge you other\nfees from time to time. If a fee applies to your account, we\nwill tell you the amount of the fee at the time you request\nthe service.\nSome fees that may apply to your account include:\n1.\t\x07A Replacement Card Fee if you request a replacement\nCard;\n\n\x0c2.\t\x07An Expedited Delivery Fee (in addition to any other\napplicable fees) if you ask us to send a card by\nexpedited delivery;\n3.\t\x07A Dual Statement Fee if you ask us to send your\nStatements in both paper and electronic form;\n4.\t\x07A Document Fee if you ask us to provide copies of\ndocuments, such as sales slips and receipts; and\n5.\t\x07An Expedited Payment Fee if a representative of ours\nhelps expedite your payment.\nLost or Stolen Cards or Account Numbers\nIf any card or account number is lost or stolen, or if you\nthink someone used or may use them without your\npermission, notify us at once by calling the Customer\nService telephone number shown on the billing statement\nor the number obtained by calling toll-free or local\nDirectory Assistance. We may require you to provide\ncertain information in writing to help us find out what\nhappened, and to comply with such procedures as we\nmay require in connection with our investigation. Don\xe2\x80\x99t\nuse the card or account number after we\xe2\x80\x99ve been notified,\neven if they are found or returned. You may be liable for\nunauthorized use of the account, but not for more than\n$50. You won\xe2\x80\x99t be liable for unauthorized purchases or\ncash advances made after we\xe2\x80\x99ve been notified of the loss\nor the theft; however, you must identify for us the charges\non the billing statement that were not made by you, or\nsomeone authorized by you, and from which you received\nno benefit.\nDefault\nYou default under this Agreement if you fail to pay,\nby its due date, the Total Due listed on each billing\nstatement; file for bankruptcy; pay by a check or similar\ninstrument that is not honored or that we must return\nbecause it cannot be processed; pay by automatic debit\nthat is returned unpaid; or default under any other Card\nAgreement that you have with us. If you default, we may,\nsubject to applicable law, close your account and demand\nimmediate payment of the total balance. For residents\nof New Hampshire: Reasonable attorneys\xe2\x80\x99 fees will be\nrewarded to you if you prevail in any action or suit brought\nby BMO Harris Bank N.A. Also, if you successfully assert\na partial defense or counterclaim to an action brought by\nBMO Harris Bank N.A., the court may withhold from BMO\nHarris Bank N.A. the entire amount or such portion of the\nattorneys\xe2\x80\x99 fees as the court considers equitable.\n\n\x0cPreauthorized Charges\nIf you default, if the card is lost or stolen, or we change\nyour account or account number for any reason, we\nmay suspend automatic charges on that account to third\nparty vendors for insurance premiums or other goods or\nservices. If preauthorized charges are suspended, you must\ncontact the third party vendor to reinstate them. You are\nresponsible for making direct payment for such charges\nuntil you reinstate automatic charges.\nCollection Costs\nIf we refer collection of your account to a lawyer who is\nnot our salaried employee, to the extent not prohibited\nby applicable law, you will be liable for any reasonable\nattorney\xe2\x80\x99s fees we incur, plus the costs and expenses of\nany legal action.\nARBITRATION\nPLEASE READ THIS PROVISION OF THE AGREEMENT\nCAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE\nRESOLVED BY BINDING ARBITRATION. ARBITRATION\nREPLACES THE RIGHT TO GO TO COURT, INCLUDING THE\nRIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A\nCLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION,\nA DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A\nJUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER\nAND MORE LIMITED THAN COURT PROCEDURES.\nAgreement to Arbitrate\nEither you or we may, without the other\xe2\x80\x99s consent, elect\nmandatory, binding arbitration for any claim, dispute, or\ncontroversy between you and us (called \xe2\x80\x9cClaims\xe2\x80\x9d).\nClaims Covered\n\xe2\x80\xa2\t\x07What Claims are subject to arbitration? All Claims\nrelating to your account, a prior related account, or our\nrelationship are subject to arbitration, including Claims\nregarding the application, enforceability, or interpretation\nof this Agreement and this arbitration provision. All\nClaims are subject to arbitration, no matter what legal\ntheory they are based on or what remedy (damages, or\ninjunctive or declaratory relief) they seek. This includes\nClaims based on contract, tort (including intentional\ntort), fraud, agency, your or our negligence, statutory\nor regulatory provisions, or any other sources of law;\nClaims made as counterclaims, cross-claims, thirdparty claims, interpleaders or otherwise; and Claims\nmade independently or with other claims. A party who\ninitiates a proceeding in court may elect arbitration\nwith respect to any Claim advanced in that proceeding\n\n\x0cby any other party. Claims and remedies sought as\npart of a class action, private attorney general or other\nrepresentative action are subject to arbitration on an\nindividual (non-class, non-representative) basis, and the\narbitrator may award relief only on an individual (nonclass, non-representative) basis.\n\xe2\x80\xa2\t\x07Whose Claims are subject to arbitration? Not only\nours and yours, but also Claims made by or against\nanyone connected with us or you or claiming through us\nor you, such as a co-applicant or authorized user of your\naccount, an employee, agent, representative, affiliated\ncompany, predecessor or successor, heir, assignee, or\ntrustee in bankruptcy.\n\xe2\x80\xa2\t\x07What time frame applies to Claims subject to\narbitration? Claims arising in the past, present, or\nfuture, including Claims arising before the opening of\nyour account, are subject to arbitration.\n\xe2\x80\xa2\t\x07Broadest interpretation. Any questions about whether\nClaims are subject to arbitration shall be resolved by\ninterpreting this arbitration provision in the broadest\nway the law will allow it to be enforced. This arbitration\nprovision is governed by the Federal Arbitration Act (the\n\xe2\x80\x9cFAA\xe2\x80\x9d).\n\xe2\x80\xa2\t\x07What about Claims filed in Small Claims Court?\nClaims filed in a small claims court are not subject\nto arbitration, so long as the matter remains in such\ncourt and advances only an individual (non-class, nonrepresentative) Claim.\nHow Arbitration Works\n\xe2\x80\xa2\t\x07How does a party initiate arbitration? The party filing\nan arbitration must choose one of the following two\narbitration firms and follow its rules and procedures\nfor initiating and pursuing an arbitration: American\nArbitration Association or JAMS. Any arbitration hearing\nthat you attend will be held at a place chosen by the\narbitration firm in the same city as the U.S. District Court\nclosest to your then current billing address, or at some\nother place to which you and we agree in writing. You\nmay obtain copies of the current rules of each of the\narbitration firms and forms and instructions for initiating\nan arbitration by contacting them as follows:\nAmerican Arbitration Association\n800-778-7879 (toll free) Website: www.adr.org\nJAMS\n800-352-5267 (toll free) Website: www.jamsadr.com\n\n\x0c\t\x07At any time you or we may ask an appropriate court to\ncompel arbitration of Claims, or to stay the litigation of\nClaims pending arbitration, even if such Claims are part\nof a lawsuit, unless a trial has begun or a final judgment\nhas been entered. Even if a party fails to exercise these\nrights at any particular time, or in connection with any\nparticular Claims, that party can still require arbitration at\na later time or in connection with any other Claims.\n\xe2\x80\xa2\t\x07What procedures and law are applicable in\narbitration? A single, neutral arbitrator will resolve\nClaims. The arbitrator will be either a lawyer with\nat least ten years experience or a retired or former\njudge, selected in accordance with the rules of the\narbitration firm. The arbitration will follow procedures\nand rules of the arbitration firm in effect on the date\nthe arbitration is filed unless those procedures and\nrules are inconsistent with this Agreement, in which\ncase this Agreement will prevail. Those procedures and\nrules may limit the discovery available to you or us. The\narbitrator will take reasonable steps to protect customer\naccount information and other confidential information if\nrequested to do so by you or us. The arbitrator will apply\napplicable substantive law consistent with the FAA and\napplicable statutes of limitations, will honor claims of\nprivilege recognized at law, and will have the power to\naward to a party any damages or other relief provided\nfor under applicable law. You or we may choose to have\na hearing and be represented by counsel. The arbitrator\nwill make any award in writing and, if requested by\nyou or us, will provide a brief statement of the reasons\nfor the award. An award in arbitration shall determine\nthe rights and obligations between the named parties\nonly, and only in respect of the Claims in arbitration, and\nshall not have any bearing on the rights and obligations\nof any other person, or on the resolution of any other\ndispute.\n\xe2\x80\xa2\t\x07Who pays? Whoever files the arbitration pays the initial\nfiling fee. If we file, we pay; if you file, you pay, unless\nyou get a fee waiver under the applicable rules of the\narbitration firm. If you have paid the initial filing fee\nand you prevail, we will reimburse you for that fee. If\nthere is a hearing, we will pay any fees of the arbitrator\nand arbitration firm for the first day of that hearing. All\nother fees will be allocated as provided by the rules of\nthe arbitration firm and applicable law. However, we\nwill advance or reimburse your fees if the arbitration\nfirm or arbitrator determines there is good reason for\nrequiring us to do so, or if you ask us and we determine\n\n\x0cthere is good reason for doing so. Each party will bear\nthe expense of that party\xe2\x80\x99s attorneys, experts, and\nwitnesses, and other expenses, regardless of which\nparty prevails, but a party may recover any or all\nexpenses from another party if the arbitrator, applying\napplicable law, so determines.\n\xe2\x80\xa2\t\x07Who can be a party? Claims must be brought in the\nname of an individual person or entity and must proceed\non an individual (non-class, non-representative) basis.\nThe arbitrator will not award relief for or against anyone\nwho is not a party. If you or we require arbitration of\na Claim, neither you, we, nor any other person may\npursue the Claim in arbitration as a class action, private\nattorney general action or other representative action,\nnor may such Claim be pursued on your or our behalf\nin any litigation in any court. Claims, including assigned\nClaims, of two or more persons may not be joined\nor consolidated in the same arbitration. However,\napplicants, co-applicants, authorized users on a single\naccount and/or related accounts, or corporate affiliates\nare here considered as one person.\n\xe2\x80\xa2\t\x07When is an arbitration award final? The arbitrator\xe2\x80\x99s\naward is final and binding on the parties unless a party\nappeals it in writing to the arbitration firm within fifteen\ndays of notice of the award. The appeal must request a\nnew arbitration before a panel of three neutral arbitrators\ndesignated by the same arbitration firm. The panel will\nconsider all factual and legal issues anew, follow the\nsame rules that apply to a proceeding using a single\narbitrator, and make decisions based on the vote of the\nmajority. Costs will be allocated in the same way they\nare allocated for arbitration before a single arbitrator. An\naward by a panel is final and binding on the parties after\nfifteen days has passed. A final and binding award is\nsubject to judicial review and enforcement as provided by\nthe FAA or other applicable law.\nSurvival and Severability of Terms\nThis arbitration provision shall survive: (i) termination or\nchanges in the Agreement, the account, or the relationship\nbetween you and us concerning the account; (ii) the\nbankruptcy of any party; and (iii) any transfer, sale or\nassignment of your account, or any amounts owed on your\naccount, to any other person or entity. If any portion of this\narbitration provision is deemed invalid or unenforceable,\nthe entire arbitration provision shall not remain in force.\nNo portion of this arbitration provision may be amended,\nsevered, or waived absent a written agreement between\nyou and us.\n\n\x0cCredit Reporting\nWe may report information about your account to credit\nbureaus. Late payments, missed payments, or other\ndefaults on your account may be reflected on your credit\nreport. If you request additional cards on your account\nfor others, you understand that we may report account\ninformation in your name as well as in the names of those\nother people. We may also obtain follow-up credit reports\non you (for example, when we review your account for\na credit line increase). If you wish to know the names of\nthe agencies we have contacted, write us at the Customer\nService address listed on the billing statement. We will try\nto notify you by telephone or by mail of any legal process\nserved on us in order to give you an opportunity to object\nto it, unless the law prohibits the notice. If you think\nwe reported erroneous information to a credit reporting\nagency, write us at the Customer Service address listed\non the billing statement. We will promptly investigate the\nmatter. We will then tell you if we agree or disagree with\nyou. If we agree, we will contact each credit reporting\nagency to which we reported and will request they correct\nthe report. If we disagree with you after our investigation,\nwe will tell you in writing or by telephone and instruct\nyou how to submit a statement of your position to those\nagencies. Your statement will become a part of your\ncredit record with them. As required by Utah law, you are\nhereby notified that a negative credit report reflecting on\nyour credit record may be submitted to a credit reporting\nagency if you fail to fulfill the terms of your credit\nobligations.\nConsent to Telephone Calls and Monitoring\nYou authorize us (which includes, for the purposes\nof this paragraph, our agents and representatives) to\ncontact you using automatic telephone dialing systems,\nartificial or prerecorded voice message systems, email\nand text messaging systems in order to provide you\nwith information regarding your account, including\ninformation about missed payments, the suspected misuse\nof your card, or general servicing items. You authorize\nus to make such contacts using any telephone numbers\n(including wireless, landline and Voice Over Internet\nProtocol numbers) you have supplied or will supply to\nus in connection with your account or any other account\nyou may have or will establish with us. You understand\nthat anyone with access to your telephone may listen\nto or read the messages we leave or send you, and you\nagree that we will have no liability for anyone accessing\nsuch messages. You further understand that, when you\nreceive a telephone call or text message, you may incur\n\n\x0ca charge from the company that provides you with\ntelecommunications, wireless and/or data services, and\nyou agree that we will have no liability for such charges.\nYou expressly authorize us to monitor and record your calls\nwith us. You agree that you are the owner and/or primary\nuser of any telephone number or email address you\nprovide to us and that you will notify us if this is no longer\ntrue as to any such telephone number or email address.\nClosing Your Account\nYou may close your account at any time by notifying\nus in writing or over the phone. However, you remain\nresponsible to pay the total balance according to the terms\nof this Agreement. We may close your account or suspend\nyour account privileges at any time for any reason not\nprohibited by applicable law without prior notice. We may\nalso reissue a different card or account number at any\ntime. You must return the card to us upon request.\nRefusal of the Card\nWe are not responsible if a transaction on your account is\nnot approved, either by us or by a third party, even if you\nhave sufficient credit available. We may limit the number\nof transactions that may be approved in one day. If we\ndetect unusual or suspicious activity on your account, we\nmay suspend your credit privileges until we can verify the\nactivity.\nChanging this Agreement\nWe may change the rates, fees, and terms of this\nAgreement from time to time as permitted by law.\nChanging terms includes adding, replacing, or deleting\nprovisions of this Agreement. These changes are\nbinding on you. Subject to applicable law, we will give\nyou advance written notice of the changes and a right\nto opt out to the extent required by law.\nEnforcing this Agreement\nWe can delay in enforcing or fail to enforce any of our\nrights under this Agreement without losing them.\nAssignment\nWe may assign any or all of our rights and obligations\nunder this Agreement to a third party.\nApplicable Law\nThe terms and enforcement of this Agreement shall be\ngoverned by federal law and the law of Illinois, where\nwe are located. This Agreement and your account are\ngoverned by, to the extent that state law applies, the law\nof Illinois without regard to its conflict of law principles.\n\n\x0cFurther, this Agreement is made in Illinois and credit is\nextended to you from Illinois, regardless of where you live\nor use your account.\nFor Maryland residents only, to the extent federal law\nand the laws of the State of Illinois do not apply, this\nAgreement is governed by Title 12, Subtitle 9 of the\nMaryland Commercial Law Article.\nNew Jersey Residents\nBecause certain provisions of this Agreement are subject\nto governing law, they may be void, unenforceable or\ninapplicable in some jurisdictions. None of these provisions\nare void, unenforceable or inapplicable with New Jersey.\nYour Billing Rights: Keep this Document for\nFuture Use\nThis notice tells you about your rights and our\nresponsibilities under the Fair Credit Billing Act.\nWhat To Do If You Find a Mistake On Your Statement\nIf you think there is an error on your statement, write to\nus at the address for billing inquiries and correspondence\nshown on the front of your statement.\nIn your letter, give us the following information:\n\xe2\x80\xa2 Account information: Your name and account number.\n\xe2\x80\xa2\t\x07Dollar amount: The dollar amount of the suspected error.\n\xe2\x80\xa2\t\x07Description of problem: If you think there is an error on\nyour bill, describe what you believe is wrong and why\nyou believe it is a mistake.\nYou must contact us:\n\xe2\x80\xa2 Within 60 days after the error appeared on your statement.\n\xe2\x80\xa2\t\x07At least 3 business days before an automated payment\nis scheduled, if you want to stop payment on the\namount you think is wrong.\nYou must notify us of any potential errors in writing.\nYou may call us, but if you do we are not required to\ninvestigate any potential errors and you may have to pay\nthe amount in question.\nWhat Will Happen After We Receive Your Letter\nWhen we receive your letter, we must do two things:\n1.\t\x07Within 30 days of receiving your letter, we must tell you\nthat we received your letter. We will also tell you if we\nhave already corrected the error.\n2.\t\x07Within 90 days of receiving your letter, we must either\ncorrect the error or explain to you why we believe the\nbill is correct.\nWhile we investigate whether or not there has been an\nerror:\n\n\x0c\xe2\x80\xa2\t\x07We cannot try to collect the amount in question, or\nreport you as delinquent on that amount.\n\xe2\x80\xa2\t\x07The charge in question may remain on your statement,\nand we may continue to charge you interest on that\namount.\n\xe2\x80\xa2\t\x07While you do not have to pay the amount in question,\nyou are responsible for the remainder of your balance.\n\xe2\x80\xa2\t\x07We can apply any unpaid amount against your revolving\ncredit limit.\nAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2\t\x07If we made a mistake: You will not have to pay the\namount in question or any interest or other fees related\nto that amount.\n\xe2\x80\xa2\t\x07If we do not believe there was a mistake: You\nwill have to pay the amount in question, along\nwith applicable interest and fees. We will send you\na statement of the amount you owe and the date\npayment is due. We may then report you as delinquent\nif you do not pay the amount we think you owe.\nIf you receive our explanation but still believe your bill\nis wrong, you must write to us within 10 days telling\nus that you still refuse to pay. If you do so, we cannot\nreport you as delinquent without also reporting that you\nare questioning your bill. We must tell you the name of\nanyone to whom we reported you as delinquent, and we\nmust let those organizations know when the matter has\nbeen settled between us.\nIf we do not follow all the rules above, you do not have to\npay the first $50 of the amount you question even if your\nbill is correct.\nYour Rights If You Are Dissatisfied With Your Credit\nCard Purchases\nIf you are dissatisfied with the goods or services that you\nhave purchased with your credit card, and you have tried\nin good faith to correct the problem with the merchant,\nyou may have the right not to pay the remaining amount\ndue on the purchase.\nTo use this right, all of the following must be true:\n1.\t\x07The purchase must have been made in your home state\nor within 100 miles of your current mailing address, and\nthe purchase price must have been more than $50. (Note:\nNeither of these are necessary if your purchase was\nbased on an advertisement we mailed to you, or if we\nown the company that sold you the goods or services.)\n2.\t\x07You must have used your credit card for the purchase.\nPurchases made with cash advances from an ATM or\n\n\x0cwith a check that accesses your credit card account do\nnot qualify.\n3. You must not yet have fully paid for the purchase.\nIf all of the criteria above are met and you are still\ndissatisfied with the purchase, contact us in writing at the\naddress for billing inquiries and correspondence shown on\nthe front of your statement.\nWhile we investigate, the same rules apply to the\ndisputed amount as discussed above. After we finish our\ninvestigation, we will tell you our decision. At that point, if\nwe think you owe an amount and you do not pay, we may\nreport you as delinquent.\n\nBanking products and services are subject to bank and credit approval and are provided\nby BMO Harris Bank N.A. Member FDIC.\n\xe2\x84\xa2\t\x07Diners Club, Diners Club International with the Split Circle Device and Club Cash are\nregistered trademarks of Diners Club International Ltd.\n* Mastercard is a registered trademark of Mastercard International Incorporated.\n\n\xc2\xae/\n\n\xc2\xae \t\x07\n\n\xc2\xa9 2018 BMO Harris Bank N.A. All Rights Reserved.\n\nF03-W759-0\n\n10058170 (06/18)\n\n\x0c'


b'Diners Club\xc2\xae Charge Card\n\nPricing Information Table\nPayment Information\nEach month you must pay the New Balance in full by the Payment Due Date.\n\nFees\nAnnual Membership Fee\n\n\xe2\x80\xa2 Primary Card Fee $95\n\xe2\x80\xa2 Additional Card Fee $35\n\nTransaction Fees\n\xe2\x80\xa2 \x07Transaction Fee for Club Cash\xc2\xae Advances\n\n\xe2\x80\xa2 Either $4.00 or 4% of the amount of each cash advance, whichever is greater\n\n\xe2\x80\xa2 Foreign Transaction Fees\n\n\xe2\x80\xa2 3% of each purchase transaction in U.S. dollars\n\n\xe2\x80\xa2 \x07Late Payment Fee\n\n\xe2\x80\xa2U\n\x07 p to $35. If you do not pay a Past Due amount for two consecutive billing cycles,\nyour fee will be up to $35 or 2.5% of the total Past Due amount.\n\n\xe2\x80\xa2 Returned Payment Fee\n\n\xe2\x80\xa2 Up to $29\n\n18-1236\n\nPenalty Fees\n\n\x0c'


b'Diners Club\xc2\xae\nCarte Blanche\xc2\xae Card\nCardmember Agreement\n\n\x0cCardmember Agreement\nThis document and the card carrier that is sent with the card together make up\nyour Card Agreement and throughout this document are referred to as Agreement\nor Card Agreement. The card carrier contains important account information\nincluding the amount of any membership fee. Please read and keep these\ndocuments for your records. This Agreement is binding on you unless you cancel\nyour account within 30 days after receiving the card and you have not used or\nauthorized use of your account.\nTo simplify this Agreement for you, the following definitions will apply. The\nwords you, your, and yours mean all persons responsible for complying with this\nAgreement, including the person who applied to open the account and the person\nto whom we address billing statements. The word card means one or more cards\nor other access devices, such as account numbers, that we have issued to permit\nyou to obtain credit under this Agreement. The words we, us, and our mean BMO\nHarris Bank N.A. and its successor and assigns, the issuer of your account. The\nwords authorized user mean any person to whom you give permission to use\nyour account.\nDisclosures for Active Duty Members of the Military and\ntheir Dependents\nThe following applies to members of the military and their dependents if, at the\ntime you establish a covered account, you are an active duty member of the\nmilitary or you are a dependent of an active duty member of the military (as set\nforth in the Military Lending Act, 10 U.S.C. 987, and its implementing regulations).\nThe Arbitration Provision of this Agreement does not apply to individuals covered\nby this section.\nUsing Your Account and Your Credit Line\nThe card must be signed to be used. Whether you sign the card or not, you are\nfully responsible for complying with all the terms of this Agreement, including\nthe obligation to pay us for all balances due on your account as specified in this\nAgreement. Your card must only be used for lawful transactions and may not be\nused to purchase goods or services for resale.\nYour card can be used to buy or lease goods or services wherever the card is\nhonored. Your account has a credit limit, which may appear on your statement as\na spend limit. The full amount of the credit limit is available to use where the card\nis honored. Subject to applicable law, we may reduce your credit limit at any time.\nYour account may also include a cash limit, which will be a percentage of and\nsubject to your credit limit. With the Club Cash\xc2\xae feature, your card can also be\nused to obtain cash through any bank or automated teller machine that accepts\nthe card, subject to your credit limit. We may reduce your cash limit at any time,\nand we may limit the frequency and amount of cash withdrawals you may make\nin any time period.\nWe will notify you of any new credit or cash limit either by sending you a notice\nor through your billing statement. A change to your cash or credit limits may take\neffect before you receive notification from us. You should always keep your total\nbalance below the credit limit. However, if the total due goes over your credit\nlimit you must still pay us.\nAdditional Cards\nYou may request additional cards on your account for yourself or others and you\nmay permit an authorized user to have access to the card or account number.\nHowever, if you do, you must pay us for all charges made by those persons,\nincluding charges for which you may not have intended to be responsible. You\nmust notify us to revoke an authorized user\xe2\x80\x99s permission to use your account.\nIf you do so, we may close the account and issue a new card or cards with a\ndifferent account number. You are responsible for the use of each card issued on\nyour account according to the terms of this Agreement.\nAnnual Membership Fee\nThe annual membership fee is $300 for the primary card and $150 for each\n\n\x0cadditional card. The fee is non-refundable unless you notify us that you wish to\ncancel your account within 30 days from the mailing or delivery date of the billing\nstatement on which the fee is billed.\nBilling\nYour billing statement shows the total due, any interest charges, and fees imposed\nduring the billing cycle, and the payment due date. It also shows your current\ncredit limit; an itemized list of current charges, payments and credits; an interest\ncharge summary; and other important information. If we deem your account\nuncollectible or if we institute delinquency collection proceedings by sending it\nto an outside collection agency or attorney for collection, we may, in our sole\ndiscretion, stop sending you billing statements, unless otherwise prohibited by\napplicable law.\nYou must notify us of a change in your address by contacting Customer Service\nby telephone or mail. We will mail or deliver the billing statement to only one\naddress.\nAutomatic Billing Updater Service\nWe participate in the Mastercard\xc2\xae Automatic Billing Updater (ABU) service. When\nyour card number or expiration date is updated, or your account is closed, we\nwill provide the updated card information to merchants who participate in ABU\nwith whom you have automatic billing arrangements (such as telephone, cable\ncompanies, insurance and health clubs). Since not all merchants participate in\nABU, you should notify each merchant with whom you have automatic billing\narrangements of the updated card information to ensure your payments are not\ninterrupted. If you do not want us to provide your card updates through ABU,\nplease call the customer service number on the back of your charge card and\nallow 60 days for your opt out to take effect.\nHow We Determine the Balance\nThe total outstanding balance (the amount you owe us) appears as the \xe2\x80\x9cNew\nBalance\xe2\x80\x9d on the billing statement. To determine the New Balance, we begin with\nthe outstanding balance on your account at the beginning of each billing period,\ncalled the \xe2\x80\x9cPrevious Balance\xe2\x80\x9d on the billing statement. We add any purchases\nand cash advances, and subtract any credits or payments credited as of that billing\nperiod. We then add the appropriate interest charges and fees and make other\napplicable adjustments.\nTransaction Fee for Club Cash\xc2\xae Advances\nYou have obtained a cash advance for which we assess a cash advance transaction\nfee if you obtain funds from an automated teller machine (ATM), through home\nbanking, or through a financial institution; make a wire transfer; acquire a money\norder, traveler\xe2\x80\x99s check, lottery ticket, betting or casino chip, or similar item;\nor engage in another similar transaction. For each cash advance, we add an\nadditional charge of 4.0% of the advance, but not less than $4. The amount of the\ncash advance may include a surcharge that the ATM owner imposes.\nCredit Balance\nYou may not maintain a credit balance in excess of your credit limit. We will return\nto you any credit amount over $1.00 if the amount has been on your account\nlonger than six months. You may request a refund of a credit balance at any time.\nWe may reduce the amount of any credit balance by the amount of new charges\nbilled to your account.\nTransaction Fee for Purchases Made in Foreign Currencies\nFor each purchase made in a foreign currency, we add to your account an\nadditional fee of 3.0% of the amount of the purchase after its conversion into\nU.S. dollars.\nInformation on Foreign Currency Conversion Procedures\nAny purchase you make in a foreign currency or any cash advance you obtain\nin a foreign currency will be charged to your account in U.S. dollars after being\nconverted by Mastercard\xc2\xae*. Mastercard will act according to its procedures then\n\n\x0cin effect. Mastercard uses a conversion rate in effect on the day the purchase or\ncash advance transaction is processed. The Mastercard conversion rate is either\na government-mandated rate or a wholesale market rate.\nThe foreign currency conversion rate in effect on the processing date for a\ntransaction may differ from the rate in effect on the sale or posting date on\nyour billing statement for that transaction. If a transaction is converted by a third\nparty prior to that transaction being processed by Mastercard, the foreign currency\nconversion rate for that transaction will be the rate selected by that third party.\nTotal Due\nEach month you must pay the Total Due that is shown on your billing statement.\nYour Total Due equals the New Balance.\nPayments\nYou must pay the Total Due shown on each statement by the payment due date.\nInstructions for making payments are on your billing statement. In order to\nbe credited as of a particular day, your payment must be received in the form\nspecified, and by the hour specified, in those instructions. Do not send cash\npayments. We can accept late or partial payments, as well as payments that\nreflect \xe2\x80\x9cpaid in full\xe2\x80\x9d or other restrictive endorsements, without losing any of our\nrights under this Agreement. You agree to pay us in U.S. dollars drawn on funds\non deposit in the United States using a payment check, similar instrument, or\nautomatic debit that will be processed and honored by your bank. We reserve\nthe right to accept payments made in foreign currency and instruments drawn\non funds on deposit outside the United States. If we do, we will select the\neffective currency conversion rate at our discretion and credit your account\nin U.S. dollars after deducting any fees or costs incurred in connection with\nprocessing your payment. If such fees or costs are not fully deducted at the time\nyour account is credited for a payment, we will bill you separately for them.\nOptional Payment Services\nOnline Payments. You may pay your account online or you may request to\nmake your payment by phone using our optional telephone payment service.\nSubject to applicable law, each time a representative of ours helps expedite your\npayment, you agree to pay us $14.95. Our representatives are trained to tell\nyou this amount if you decide to use this optional telephone payment service.\nIn-Branch Payments. If you have a Diners Club branded card, you may\ndeliver your payment during normal business hours to a Customer Service\nRepresentative at any bank branch identified by the BMO Harris name, brand or\nlogo. We will credit such payments on the day we receive them.\nLate Fee\nAny portion of the Total Due from a previous billing period that remains unpaid\nwill appear as a Past Due balance on the current card billing statement. In\naddition, we will impose a late fee of up to $35. If you do not pay a Past Due\namount for two consecutive billing cycles we will assess a late fee of up to $35\nor 2.5% of the entire Past Due balance each time any portion of a Total Due\nbalance is included in a Past Due balance and the Past Due Balance is more\nthan $80.00. The fee will not exceed the amount permitted by applicable law.\nReturned Payment Fee\nSubject to applicable law, we may add a fee of up to $29 to the account when\na payment check or similar instrument is not honored, when we must return it\nbecause it cannot be processed, or when an automatic debit is returned unpaid.\nAt our option, we may assess this fee the first time your check or payment is\nnot honored, even if it is honored upon resubmission. The fee will not exceed\nthe amount permitted by applicable law.\nFees Disclosed at Time of Request\nUnless prohibited by law, we also may charge you other fees from time to time.\nIf a fee applies to your account, we will tell you the amount of the fee at the\ntime you request the service.\n\n\x0cSome fees that may apply to your account include:\n1. A Replacement Card Fee if you request a replacement card;\n2.\t\x07An Expedited Delivery Fee (in addition to any other applicable fees) if you\nask us to send a card by expedited delivery;\n3.\t\x07A Dual Statement Fee if you ask us to send your Statements in both paper\nand electronic form;\n4.\t\x07A Document Fee if you ask us to provide copies of documents, such as\nsales slips and receipts; and\n5.\t\x07An Expedited Payment Fee if a representative of ours helps expedite your\npayment.\nLost or Stolen Cards or Account Numbers\nIf any card or account number is lost or stolen, or if you think someone\nused or may use them without your permission, notify us at once by calling\nthe Customer Service telephone number shown on the billing statement or\nthe number obtained by calling toll-free or local Directory Assistance. We\nmay require you to provide certain information in writing to help us find out\nwhat happened, and to comply with such procedures as we may require in\nconnection with our investigation. Don\xe2\x80\x99t use the card or account number after\nwe\xe2\x80\x99ve been notified, even if they are found or returned. You may be liable\nfor unauthorized use of the account, but not for more than $50. You won\xe2\x80\x99t be\nliable for unauthorized purchases or cash advances made after we\xe2\x80\x99ve been\nnotified of the loss or the theft; however, you must identify for us the charges\non the billing statement that were not made by you, or someone authorized\nby you, and from which you received no benefit.\nDefault\nYou default under this Agreement if you fail to pay, by its due date, the Total\nDue listed on each billing statement; file for bankruptcy; pay by a check or\nsimilar instrument that is not honored or that we must return because it cannot\nbe processed; pay by automatic debit that is returned unpaid; or default under\nany other Card Agreement that you have with us. If you default, we may,\nsubject to applicable law, close your account and demand immediate payment\nof the total balance. For residents of New Hampshire: Reasonable attorneys\xe2\x80\x99\nfees will be awarded for you if you prevail in any action or suit brought by\nBMO Harris Bank N.A. Also, if you successfully assert a partial defense or\ncounterclaim to an action brought by BMO Harris Bank N.A., the court may\nwithhold from BMO Harris Bank N.A. the entire amount or such portion of the\nattorneys\xe2\x80\x99 fees as the court considers equitable.\nPreauthorized Charges\nIf you default, if the card is lost or stolen, or we change your account or\naccount number for any reason, we may suspend automatic charges on that\naccount to third party vendors for insurance premiums or other goods or\nservices. If preauthorized charges are suspended, you must contact the third\nparty vendor to reinstate them. You are responsible for making direct payment\nfor such charges until you reinstate automatic charges.\nCollection Costs\nIf we refer collection of your account to a lawyer who is not our salaried employee,\nto the extent not prohibited by applicable law, you will be liable for any reasonable\nattorney\xe2\x80\x99s fees we incur, plus the costs and expenses of any legal action.\nARBITRATION\nPLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. IT PROVIDES\nTHAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION\nREPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND\nTHE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN\nARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A\nJUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED\nTHAN COURT PROCEDURES.\n\n\x0cAgreement to Arbitrate\nEither you or we may, without the other\xe2\x80\x99s consent, elect mandatory, binding\narbitration for any claim, dispute, or controversy between you and us (called\n\xe2\x80\x9cClaims\xe2\x80\x9d).\nClaims Covered\n\xe2\x80\xa2\t\x07What Claims are subject to arbitration? All Claims relating to your\naccount, a prior related account, or our relationship are subject to\narbitration, including Claims regarding the application, enforceability, or\ninterpretation of this Agreement and this arbitration provision. All Claims\nare subject to arbitration, no matter what legal theory they are based on\nor what remedy (damages, or injunctive or declaratory relief) they seek.\nThis includes Claims based on contract, tort (including intentional tort),\nfraud, agency, your or our negligence, statutory or regulatory provisions,\nor any other sources of law; Claims made as counterclaims, crossclaims, third-party claims, interpleaders or otherwise; and Claims made\nindependently or with other claims. A party who initiates a proceeding\nin court may elect arbitration with respect to any Claim advanced in that\nproceeding by any other party. Claims and remedies sought as part of\na class action, private attorney general or other representative action\nare subject to arbitration on an individual (non-class, non-representative)\nbasis, and the arbitrator may award relief only on an individual (nonclass, non-representative) basis.\n\xe2\x80\xa2\t\x07Whose Claims are subject to arbitration? Not only ours and yours, but\nalso Claims made by or against anyone connected with us or you or\nclaiming through us or you, such as a co-applicant or authorized user of\nyour account, an employee, agent, representative, affiliated company,\npredecessor or successor, heir, assignee, or trustee in bankruptcy.\n\xe2\x80\xa2\t\x07What time frame applies to Claims subject to arbitration? Claims arising\nin the past, present, or future, including Claims arising before the opening\nof your account, are subject to arbitration.\n\xe2\x80\xa2\t\x07Broadest interpretation. Any questions about whether Claims are subject\nto arbitration shall be resolved by interpreting this arbitration provision\nin the broadest way the law will allow it to be enforced. This arbitration\nprovision is governed by the Federal Arbitration Act (the \xe2\x80\x9cFAA\xe2\x80\x9d).\n\xe2\x80\xa2\t\x07What about Claims filed in Small Claims Court? Claims filed in a\nsmall claims court are not subject to arbitration, so long as the matter\nremains in such court and advances only an individual (non-class, nonrepresentative) Claim.\nHow Arbitration Works\n\xe2\x80\xa2\t\x07How does a party initiate arbitration? The party filing an arbitration must\nchoose one of the following two arbitration firms and follow its rules and\nprocedures for initiating and pursuing an arbitration: American Arbitration\nAssociation or JAMS. Any arbitration hearing that you attend will be held\nat a place chosen by the arbitration firm in the same city as the U.S.\nDistrict Court closest to your then current billing address, or at some other\nplace to which you and we agree in writing. You may obtain copies of the\ncurrent rules of each of the arbitration firms and forms and instructions\nfor initiating an arbitration by contacting them as follows:\nAmerican Arbitration Association\n800-778-7879 (toll free) Website: www.adr.org\nJAMS\n800-352-5267 (toll free) Website: www.jamsadr.com\nAt any time you or we may ask an appropriate court to compel arbitration\nof Claims, or to stay the litigation of Claims pending arbitration, even if such\nClaims are part of a lawsuit, unless a trial has begun or a final judgment has\nbeen entered. Even if a party fails to exercise these rights at any particular\ntime, or in connection with any particular Claims, that party can still require\narbitration at a later time or in connection with any other Claims.\n\n\x0c\xe2\x80\xa2\t\x07What procedures and law are applicable in arbitration? A single, neutral\narbitrator will resolve Claims. The arbitrator will be either a lawyer with\nat least ten years experience or a retired or former judge, selected in\naccordance with the rules of the arbitration firm. The arbitration will\nfollow procedures and rules of the arbitration firm in effect on the date\nthe arbitration is filed unless those procedures and rules are inconsistent\nwith this Agreement, in which case this Agreement will prevail. Those\nprocedures and rules may limit the discovery available to you or us.\nThe arbitrator will take reasonable steps to protect customer account\ninformation and other confidential information if requested to do so by\nyou or us. The arbitrator will apply applicable substantive law consistent\nwith the FAA and applicable statutes of limitations, will honor claims of\nprivilege recognized at law, and will have the power to award to a party\nany damages or other relief provided for under applicable law. You or\nwe may choose to have a hearing and be represented by counsel. The\narbitrator will make any award in writing and, if requested by you or us,\nwill provide a brief statement of the reasons for the award. An award in\narbitration shall determine the rights and obligations between the named\nparties only, and only in respect of the Claims in arbitration, and shall not\nhave any bearing on the rights and obligations of any other person, or on\nthe resolution of any other dispute.\n\xe2\x80\xa2\t\x07Who pays? Whoever files the arbitration pays the initial filing fee. If we\nfile, we pay; if you file, you pay, unless you get a fee waiver under the\napplicable rules of the arbitration firm. If you have paid the initial filing\nfee and you prevail, we will reimburse you for that fee. If there is a\nhearing, we will pay any fees of the arbitrator and arbitration firm for the\nfirst day of that hearing. All other fees will be allocated as provided by the\nrules of the arbitration firm and applicable law. However, we will advance\nor reimburse your fees if the arbitration firm or arbitrator determines\nthere is good reason for requiring us to do so, or if you ask us and\nwe determine there is good reason for doing so. Each party will bear\nthe expense of that party\xe2\x80\x99s attorneys, experts, and witnesses, and other\nexpenses, regardless of which party prevails, but a party may recover any\nor all expenses from another party if the arbitrator, applying applicable\nlaw, so determines.\n\xe2\x80\xa2\t\x07Who can be a party? Claims must be brought in the name of an\nindividual person or entity and must proceed on an individual (nonclass, non-representative) basis. The arbitrator will not award relief for\nor against anyone who is not a party. If you or we require arbitration of\na Claim, neither you, we, nor any other person may pursue the Claim\nin arbitration as a class action, private attorney general action or other\nrepresentative action, nor may such Claim be pursued on your or our\nbehalf in any litigation in any court. Claims, including assigned Claims,\nof two or more persons may not be joined or consolidated in the same\narbitration. However, applicants, co-applicants, authorized users on a\nsingle account and/or related accounts, or corporate affiliates are here\nconsidered as one person.\n\xe2\x80\xa2\t\x07When is an arbitration award final? The arbitrator\xe2\x80\x99s award is final and\nbinding on the parties unless a party appeals it in writing to the arbitration\nfirm within fifteen days of notice of the award. The appeal must request\na new arbitration before a panel of three neutral arbitrators designated\nby the same arbitration firm. The panel will consider all factual and legal\nissues anew, follow the same rules that apply to a proceeding using a\nsingle arbitrator, and make decisions based on the vote of the majority.\nCosts will be allocated in the same way they are allocated for arbitration\nbefore a single arbitrator. An award by a panel is final and binding on\nthe parties after fifteen days has passed. A final and binding award is\nsubject to judicial review and enforcement as provided by the FAA or\nother applicable law.\n\n\x0cSurvival and Severability of Terms\nThis arbitration provision shall survive: (i) termination or changes in the\nAgreement, the account, or the relationship between you and us concerning\nthe account; (ii) the bankruptcy of any party; and (iii) any transfer, sale or\nassignment of your account, or any amounts owed on your account, to any\nother person or entity. If any portion of this arbitration provision is deemed\ninvalid or unenforceable, the entire arbitration provision shall not remain in\nforce. No portion of this arbitration provision may be amended, severed, or\nwaived absent a written agreement between you and us.\nCredit Reporting\nWe may report information about your account to credit bureaus. Late\npayments, missed payments, or other defaults on your account may be\nreflected on your credit report. If you request additional cards on your account\nfor others, you understand that we may report account information in your\nname as well as in the names of those other people. We may also obtain\nfollow-up credit reports on you (for example, when we review your account\nfor a credit line increase). If you wish to know the names of the agencies we\nhave contacted, write us at the Customer Service address listed on the billing\nstatement. We will try to notify you by telephone or by mail of any legal\nprocess served on us in order to give you an opportunity to object to it, unless\nthe law prohibits the notice. If you think we reported erroneous information to\na credit reporting agency, write us at the Customer Service address listed on\nthe billing statement. We will promptly investigate the matter. We will then\ntell you if we agree or disagree with you. If we agree, we will contact each\ncredit reporting agency to which we reported and will request they correct\nthe report. If we disagree with you after our investigation, we will tell you in\nwriting or by telephone and instruct you how to submit a statement of your\nposition to those agencies. Your statement will become a part of your credit\nrecord with them. As required by Utah law, you are hereby notified that a\nnegative credit report reflecting on your credit record may be submitted to a\ncredit reporting agency if you fail to fulfill the terms of your credit obligations.\nConsent to Telephone Calls and Monitoring\nYou authorize us (which includes, for the purposes of this paragraph, our\nagents and representatives) to contact you using automatic telephone\ndialing systems, artificial or prerecorded voice message systems, email and\ntext messaging systems in order to provide you with information regarding\nyour account, including information about missed payments, the suspected\nmisuse of your card, or general servicing items. You authorize us to make\nsuch contacts using any telephone numbers (including wireless, landline and\nVoice Over Internet Protocol numbers) you have supplied or will supply to us\nin connection with your account or any other account you may have or will\nestablish with us. You understand that anyone with access to your telephone\nmay listen to or read the messages we leave or send you, and you agree that\nwe will have no liability for anyone accessing such messages. You further\nunderstand that, when you receive a telephone call or text message, you may\nincur a charge from the company that provides you with telecommunications,\nwireless and/or data services, and you agree that we will have no liability for\nsuch charges. You expressly authorize us to monitor and record your calls with\nus. You agree that you are the owner and/or primary user of any telephone\nnumber or email address you provide to us and that you will notify us if this is\nno longer true as to any such telephone number or email address.\nClosing Your Account\nYou may close your account at any time by notifying us in writing or over the\nphone. However, you remain responsible to pay the total balance according\nto the terms of this Agreement. We may close your account or suspend your\naccount privileges at any time for any reason not prohibited by applicable law\nwithout prior notice. We may also reissue a different card or account number\nat any time. You must return the card to us upon request.\n\n\x0cRefusal of the Card\nWe are not responsible if a transaction on your account is not approved, either\nby us or by a third party, even if you have sufficient credit available. We may\nlimit the number of transactions that may be approved in one day. If we detect\nunusual or suspicious activity on your account, we may suspend your credit\nprivileges until we can verify the activity.\nChanging this Agreement\nWe may change the rates, fees, and terms of this Agreement from time to time\nas permitted by law. Changing terms includes adding, replacing, or deleting\nprovisions of this Agreement. These changes are binding on you. Subject to\napplicable law, we will give you advance written notice of the changes and a\nright to opt out to the extent required by law.\nEnforcing this Agreement\nWe can delay in enforcing or fail to enforce any of our rights under this\nAgreement without losing them.\nAssignment\nWe may assign any or all of our rights and obligations under this Agreement\nto a third party.\nApplicable Law\nThe terms and enforcement of this Agreement shall be governed by federal law\nand the law of Illinois, where we are located. This Agreement and your account\nare governed by, to the extent that state law applies, the law of Illinois without\nregard to its conflict of law principles. Further, this Agreement is made in Illinois\nand credit is extended to you from Illinois, regardless of where you live or use\nyour account.\nFor Maryland residents only, to the extent federal law and the laws of the State\nof Illinois do not apply, this Agreement is governed by Title 12, Subtitle 9 of the\nMaryland Commercial Law Article.\nNew Jersey Residents\nBecause certain provisions of this Agreement are subject to governing law, they\nmay be void, unenforceable or inapplicable in some jurisdictions. None of these\nprovisions are void, unenforceable or inapplicable with New Jersey.\nYour Billing Rights: Keep this Document for Future Use\nThis notice tells you about your rights and our responsibilities\nunder the Fair Credit Billing Act\nWhat To Do If You Find a Mistake On Your Statement\nIf you think there is an error on your statement, write to us at the address for\nbilling inquiries and correspondence shown on the front of your statement.\nIn your letter, give us the following information:\n\xe2\x80\xa2 Account information: Your name and account number.\n\xe2\x80\xa2 Dollar amount: The dollar amount of the suspected error.\n\xe2\x80\xa2\t\x07Description of problem: If you think there is an error on your bill, describe\nwhat you believe is wrong and why you believe it is a mistake.\nYou must contact us:\n\xe2\x80\xa2 Within 60 days after the error appeared on your statement.\n\xe2\x80\xa2\t\x07At least 3 business days before an automated payment is scheduled, if you\nwant to stop payment on the amount you think is wrong.\nYou must notify us of any potential errors in writing. You may call us, but if you\ndo we are not required to investigate any potential errors and you may have to\npay the amount in question.\nWhat Will Happen After We Receive Your Letter\nWhen we receive your letter, we must do two things:\n1.\t\x07Within 30 days of receiving your letter, we must tell you that we received\nyour letter. We will also tell you if we have already corrected the error.\n\n\x0c2.\t\x07Within 90 days of receiving your letter, we must either correct the error or\nexplain to you why we believe the bill is correct.\nWhile we investigate whether or not there has been an error:\n\xe2\x80\xa2\t\x07We cannot try to collect the amount in question, or report you as delinquent\non that amount.\n\xe2\x80\xa2\t\x07The charge in question may remain on your statement, and we may continue\nto charge you interest on that amount.\n\xe2\x80\xa2\t\x07While you do not have to pay the amount in question, you are responsible for\nthe remainder of your balance.\n\xe2\x80\xa2 We can apply any unpaid amount against your revolving credit limit.\nAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2\t\x07If we made a mistake: You will not have to pay the amount in question or\nany interest or other fees related to that amount.\n\xe2\x80\xa2\t\x07If we do not believe there was a mistake: You will have to pay the amount in\nquestion, along with applicable interest and fees. We will send you a statement\nof the amount you owe and the date payment is due. We may then report you\nas delinquent if you do not pay the amount we think you owe.\nIf you receive our explanation but still believe your bill is wrong, you must write\nto us within 10 days telling us that you still refuse to pay. If you do so, we cannot\nreport you as delinquent without also reporting that you are questioning your bill.\nWe must tell you the name of anyone to whom we reported you as delinquent,\nand we must let those organizations know when the matter has been settled\nbetween us.\nIf we do not follow all the rules above, you do not have to pay the first $50 of\nthe amount you question even if your bill is correct.\nYour Rights if You are Dissatisfied with Your Credit Card\nPurchases\nIf you are dissatisfied with the goods or services that you have purchased with\nyour credit card, and you have tried in good faith to correct the problem with\nthe merchant, you may have the right not to pay the remaining amount due on\nthe purchase.\nTo use this right, all of the following must be true:\n1.\t\x07The purchase must have been made in your home state or within 100 miles\nof your current mailing address, and the purchase price must have been more\nthan $50. (Note: Neither of these are necessary if your purchase was based\non an advertisement we mailed to you, or if we own the company that sold\nyou the goods or services.)\n2.\t\x07You must have used your credit card for the purchase. Purchases made with\ncash advances from an ATM or with a check that accesses your credit card\naccount 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 the purchase,\ncontact us in writing at the address for billing inquiries and correspondence shown\non the front of your statement.\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\npoint, if we think you owe an amount and you do not pay, we may report you\nas delinquent.\nBanking products and services are subject to bank and credit approval and are provided by\nBMO Harris Bank N.A. Member FDIC.\n\t\x07Diners Club, Diners Club International with the Split Circle Device, Carte Blanche and Club Cash are\nregistered trademarks of Diners Club International Ltd.\n* Mastercard is a registered trademark of Mastercard International Incorporated.\n\n\xc2\xae\n\n\xc2\xae\n\n\xc2\xa9 2018 BMO Harris Bank N.A. All Rights Reserved.\nF03-W757-9\n\n10058169 (06/18)\n\n\x0c'


b'Summary of Credit Terms for BMO Wealth Management Premium Rewards Mastercard\xc2\xae\nInterest Rates and Interest Charges\nAnnual Percentage Rate (APR)\nfor Purchases\n\n11.99%. This APR will vary with the market based on the Prime Rate.\n\nAPR for Balance Transfers\n\n0% introductory APR for 12 months from date of first transfer when transfers are\ncompleted within 90 days from date of account opening.\n\nAfter that, your APR will be 11.99%. This APR will vary with the market based on the\nPrime Rate.\nAPR for Cash Advances\n24.24%\nThis APR will vary with the market based on the Prime Rate.\nHow to Avoid Paying Interest on Your due date is at least 21 days after the close of each billing cycle. We will not charge\nyou any interest on purchases if you pay your entire balance by the due date each\nPurchases\nmonth. We will begin charging interest on cash advances and balance transfers on the\ntransaction date.\nMinimum Interest Charge\n\nIf you are charged interest, the charge will be no less than $1.00.\n\nFor Credit Card Tips from the\nConsumer Financial Protection\nBureau\n\nTo learn more about factors to consider when applying for or using a credit card,\nvisit the website of the Consumer Financial Protection Bureau at\nhttp://www.consumerfinance.gov/learnmore.\n\nFees\n$175, after the first year from account opening.\n\nAnnual Fee\nTransaction Fees\n\xe2\x80\xa2 Balance Transfer\n\xe2\x80\xa2 Cash Advance\n\xe2\x80\xa2 Foreign Transaction\n\n\xe2\x80\xa2 Either $10 or 4% of the amount of each balance transfer, whichever is greater.\n\xe2\x80\xa2 Either $10 or 5% of the amount of each cash advance, whichever is greater.\n\xe2\x80\xa2 None\n\nPenalty Fees\n\xe2\x80\xa2 Late Payment\n\xe2\x80\xa2 Returned Payment\n\n\xe2\x80\xa2 Up to $39\n\xe2\x80\xa2 Up to $39\n\nHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9caverage daily balance (including new transactions).\xe2\x80\x9d See\nyour Credit Card Cardholder Agreement for more details.\nLoss of Introductory APR: We may end your introductory APR and apply the standard APR if you make a late payment.\nPenalty Fees: A single violation of each type will not exceed $29. However, if another violation of the same type occurs\nwithin six billing cycles, we will charge up to the maximum fee in the table above. The Late Payment and Returned Payment\nfees will not exceed the related Minimum Payment Due.\nPromotional/Introductory Rates and Your Grace Period: If you take advantage of an offer with an introductory or\npromotional APR, we will charge you interest on new Purchases, unless your new Purchases have a 0% APR, or you pay\nyour Account balance, including any Balance Transfers and Cash Advances, in full each month by your payment due date.\nBMO Harris Bank N.A. is the issuer of BMO Harris credit cards.\nNOTICE TO MARRIED WISCONSIN RESIDENTS: No provision of a marital property agreement, unilateral statement or court decree adversely affects our\nrights unless we get a copy of the agreement, statement or decree before we grant you credit. You agree that any credit granted will be used in the interest\nof your marriage or family. State law may require us to give notice of this credit card account to your spouse.\nOHIO RESIDENTS: The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that\ncredit reporting agencies maintain separate credit histories on each individual upon request. The Ohio civil rights commission administers compliance\nwith this law.\nNEW YORK RESIDENTS: New York residents may contact the New York State Department of Financial Services by telephone or visit its website for free\ninformation on comparative credit card rates, fees and grace periods. New York State Department of Financial Services: 1-800-342-3736 or\nhttp://www.dfs.ny.gov.\nIMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and\nmoney laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an\naccount. What this means for you: When you open an account, we will ask for your name, address, date of birth and other information that will allow us to\nidentify you. We may also ask to see your driver\xe2\x80\x99s license or other identifying documents.\n\nMastercard\xc2\xae is a registered trademark of Mastercard International Incorporated.\nBMO Wealth Management is a brand name that refers to BMO Harris Bank N.A. and certain of its affiliates that provide certain investment, investment advisory,\ntrust, banking, securities, insurance and brokerage products and services.\nBanking products and services are provided by BMO Harris Bank N.A. and are subject to bank and credit approval. BMO Harris Bank N.A. Member FDIC.\n\xc2\xa9 2021 BMO Harris Bank N.A. All Rights Reserved. (04/01/21)\nbmoharris.com\n\n\x0c'


b'BMO Harris Bank N.A. Pricing Information for BMO Harris Bank Platinum, Platinum Rewards, Cash\nBack, Premium Rewards, Premier Services Premium Rewards and Wealth Management Premium\nRewards credit cards\nInterest Rates and\nInterest Charges\n\nPlatinum\n\nPlatinum Rewards, Cash Back,\nPremium Rewards, Premier\nServices Premium Rewards,\nWealth Management Premium\nRewards\n\nAnnual Percentage\nRate (APR) for\nPurchases\n\n0.00% introductory APR for six or\n\nPrime Rate plus 8.74%\nto Prime Rate plus\n18.99%, based on your\n\nfifteen months from account opening\ndate. After that, your APR will be\n\nPrime Rate plus 8.74%\nto Prime Rate plus\n16.99%, based on your\n\ncreditworthiness. This APR will vary with\nthe market based on the Prime Rate.\n\ncreditworthiness. This APR will vary\nwith the market based on the Prime\nRate.\nAPR for Balance\nTransfer\n\nAPR for Cash\nAdvances\nPaying Interest\n\nMinimum Interest\nCharge\nFor Credit Card Tips\nfrom the Consumer\nFinancial Protection\nBureau\nFees\nAnnual Fee\nTransaction Fees\n\xef\x82\xb7 Balance Transfer\n\n0.00% introductory APR for twelve or fifteen months from date of first transfer\nwhen transfers are completed within 90 days from date of account opening.\nAfter that, your APR will be Prime Rate plus 8.74% to Prime Rate plus\n18.99%, based on your creditworthiness. This APR will vary with the market\nbased on the Prime Rate.\nPrime Rate plus 20.99% or Prime Rate plus 23.99%.\nThis APR will vary with the market based on the Prime Rate.\nYour due date is at least 21 days after the close of each billing cycle.\nWe will not charge you any interest on purchases if you pay your entire balance\nby the due date each month. We will begin charging interest\non Cash Advances and Balance Transfers on the transaction date.\nIf you are charged interest, the charge will be no less than $1.00.\nTo learn more about factors to consider when applying for or\nusing a credit card, visit the website of the Consumer Financial\nProtection Bureau at http://www.consumerfinance.gov/learnmore.\n\n$0 or $79 after the first year of account opening or\n$175 after the first year of account opening\n\n\xef\x82\xb7 Foreign Transaction\n\n\xef\x82\xb7 Either $10 or 3% of the amount of each balance transfer, whichever is greater\nor either $10 or 4% of the amount of each balance transfer, whichever is\ngreater\n\xef\x82\xb7 Either $10 or 3% of the amount of each cash advance, whichever is greater\nor either $10 or 5% of the amount of each cash advance, whichever is\ngreater\n\xef\x82\xb7 None or 3% of each transaction in U.S. dollars\n\nPenalty Fees\n\xef\x82\xb7 Late Payment\n\xef\x82\xb7 Returned Payment\n\n\xef\x82\xb7 Up to $37 or up to $39\n\xef\x82\xb7 Up to $37 or up to $39\n\n\xef\x82\xb7 Cash Advance\n\nREV (04/01/21)\n\n\x0cHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9caverage daily balance\n(including new transactions).\xe2\x80\x9d See your Agreement for more details.\nLoss of Introductory APR: We may end your introductory APR and apply the standard APR if you make\na late payment.\nPenalty Fees: A single violation of each type will not exceed $29. However, if another violation of the\nsame type occurs within six billing cycles, we will charge up to the maximum fee in the table above. The\nLate Payment and Returned Payment fees will not exceed the related Minimum Payment Due.\nBilling Rights: Information on your rights to dispute transactions and how to exercise those\nrights is provided in your Agreement.\nCash Limit: Your Cash Limit is 20% of your Credit Limit. If cash access is requested, your Cash Limit will\nappear on your billing statement. In addition to any limits imposed by the ATM operator, we may also\nimpose transaction limits on cash withdrawals. Please contact Customer Service at the provided phone\nnumber with any questions regarding your Cash Limit and Cash Advances.\nPromotional/Introductory Rates and Your Grace Period: If you take advantage of an offer\nwith an introductory or promotional APR, we will charge you interest on new Purchases, unless your new\nPurchases have a 0% APR, or you pay your Account balance, including any Balance Transfers and Cash\nAdvances, in full each month by your payment due date.\nMargins\nAnd Periodic Rates with Corresponding APRs\nPurchase Rate\nMargin\n8.74% to 18.99%\nPeriodic Rate\n0.03284% to 0.06093%\n(as of\n04/01/2021)\n(corresponding APR of\n11.99% to 22.24%)\n\nBalance Transfer Rate\n8.74% to 18.99%\n0.03284% to 0.06093%\n\nCash Advance Rate\n20.99% or 23.99%\n0.06641% or 0.07463%\n\n(corresponding APR of\n11.99% to 22.24%)\n\n(corresponding APR of\n24.24% or 27.24%)\n\nMinimum Payment Due: Refer to your Agreement for how we calculate your Minimum Payment Due.\n\nREV (04/01/21)\n\n\x0c'