b'Annual Percentage Rate\n(APR) for Purchases\n\n0.0%\n\nAPR for Initial Balance\nTransfer\n\n0.0%\n\n19.9%\n\nAPR for Cash Advances 0.0%\n19.9%\nPaying Interest\n\nO\n\nMinimum Interest\nCharge\n\nTo learn more about factors to consider when applying for or using a credit card, visit the\nwebsite of the Consumer Financial Protection Bureau at\nhttp://www.consumerfinance.gov/learnmore\n\nSet-up and\nMaintenance\nFees\n\nLI\n\nN\n\nFor Credit Card Tips\nfrom the Consumer\nFinancial Protection\nBureau\n\nNone\nNone\n\nN\n\n$84.00\n\nTransaction Fees\n\n$8.00\n\n5%\n\nE\n\n3%\nPenalty Fees\n$39.00\n\nHow We Will Calculate Your Balance:\n\nPY\n\nO\n\nBilling Rights:\n\nC\n\n$39.00\n\n\x0cFEES AND INTEREST CHARGES:\nINTEREST CHARGES\n\nFEES AND INTEREST CHARGES:\nPeriodic INTEREST CHARGES: INTEREST CHARGES\nINTEREST CHARGES\nINTEREST CHARGES\n\nINTEREST CHARGES\nHow we calculate INTEREST CHARGES:\nINTEREST CHARGE\nCHARGE\n\nAverage Daily Balance\nAverage Daily Balance\nINTEREST CHARGE\nAverage Daily Balance\n\nHow we calculate Average Daily Balance and Daily Periodic Rate:\n\nINTEREST CHARGE\nINTEREST\nDaily Periodic Rate\n\nAverage Daily Balance\nDaily Balances\nAverage Daily Balance\nDaily\n\nO\n\nBalance\n\nMonthly Fee:\n\nANNUAL\nANNUAL\nANNUAL\nThe APR applicable to Purchases will be applied to fees assessed to your Credit\nINTEREST CHARGE\n\nINTEREST CHARGE\n\nN\n\nDaily Periodic Rate\nPERCENTAGE RATE\nPERCENTAGE RATE\nPERCENTAGE RATE\nAccount.\nMinimum INTEREST CHARGE:\n\nCash Advance Fee:\n\nINTEREST CHARGE\n\nLI\n\nForeign Currency Transaction Fee:\nLate Payment Fee:\n\nN\n\nReturn Item Charge:\n\nOTHER CHARGES AND IMPORTANT INFORMATION:\n\nAdditional Card Fee:\n\nO\n\nC\n\nCopying Fee:\nCredit Insurance:\nExpress Delivery Fee:\nWire Transfer Fee:\nTotal Minimum Amount Due:\n\nE\n\nCredit Limit Increase Fee:\n\nSee the Credit Card Contract for further information regarding this\nCredit Account. Retain these important documents.\n\nPY\n\n\x0caffect a creditor\xe2\x80\x99s interests unless prior to the time credit is granted, the creditor\nis furnished with a copy of the agreement, statement, or court order, or has actual\nknowledge of that provision.\nWashington Residents: A service charge will be computed on the outstanding\nbalance for each month. You may at any time pay your total unpaid balance.\nARBITRATION AND LITIGATION\nThis Arbitration Provision (\xe2\x80\x9cProvision\xe2\x80\x9d or \xe2\x80\x9cArbitration Provision\xe2\x80\x9d) facilitates the\nprompt and efficient resolution of any disputes that may arise between you and us.\nArbitration is a form of private dispute-resolution in which persons with a dispute\nwaive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead\nsubmit their disputes to a neutral third person (an arbitrator) for a binding decision.\nYou have the right to opt out of this Arbitration Provision if you follow the instructions\nset out in the paragraph titled \xe2\x80\x9cRight to Opt Out\xe2\x80\x9d below.\nPLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ALL\nDISPUTES ARISING OUT OF OR RELATED TO THIS CREDIT CARD CONTRACT\nSHALL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES\nTHE RIGHT TO GO TO COURT. IN THE ABSENCE OF THIS ARBITRATION\nAGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR\nOPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY\nAND/OR TO PARTICIPATE IN OR BE REPRESENTED IN A CASE FILED IN\nCOURT BY OTHERS (INCLUDING, BUT NOT LIMITED TO, CLASS ACTIONS).\nEXCEPT AS OTHERWISE PROVIDED, ENTERING INTO THIS AGREEMENT\nCONSTITUTES A WAIVER OF YOUR RIGHT TO LITIGATE CLAIMS IN COURT\nBEFORE A JUDGE OR JURY.\nRIGHT TO OPT OUT: To opt out of this Arbitration Provision, you must mail a written\nnotice to us so that it is postmarked no later than 45 days after we mail your first\nCard to you. Your first Card is the one we mail to you at approximately the time your\nfirst Account application is approved. Your right to opt out will not apply when we\nsend you a copy of your Credit Card Contract or this Provision, or when we send\nyou an updated version of your Credit Card Contract or this Provision, or when we\nsend any replacement Card. If you opt out of this Arbitration Provision, you will\nretain your right to litigate your dispute in a court, either before a judge or jury. The\nopt out notice must include your name, address, and Account number, must be\nsigned by you (or all of you if there is more than one Account holder) and must be\nmailed to us at: PO Box 5524, Sioux Falls, SD 57117-5524. If your written notice\nis not postmarked within 45 days from the date we mail your first Card to you, your\nright to opt out will terminate, and you agree that the terms of this Provision will\napply. Your decision to opt out of this Provision will not affect your other rights or\nresponsibilities under this Credit Card Contract.\nIf we later amend this Provision, we will let you know if you can opt out of that\namendment and, if so, how you can do so.\nParties and Matters Subject to Arbitration: For purposes of this Provision,\n\xe2\x80\x9cwe\xe2\x80\x9d and \xe2\x80\x9cus\xe2\x80\x9d include our employees, parent companies, subsidiaries, affiliates,\nbeneficiaries, agents and assigns and other persons and entities you assert a\nClaim against in connection with a Claim you assert against us. For purposes of\nthis Provision, \xe2\x80\x9cClaim\xe2\x80\x9d means any claim, dispute or controversy by either you or\nus, arising out of or relating in any way to this Credit Card Contract, your Credit\nAccount, any transaction on your Credit Account and our relationship. \xe2\x80\x9cClaim\xe2\x80\x9d\nalso refers to any interaction or communication between you and us that occurred\nprior to or concurrent with entering into this Credit Card Contract, including those\nnow in existence, regardless of present knowledge. \xe2\x80\x9cClaim\xe2\x80\x9d shall refer to claims of\nevery kind and nature, including, but not limited to, initial claims, counterclaims,\ncross-claims and third-party claims. All Claims are subject to arbitration, regardless\nof legal theory and remedy sought, including, but not limited to, claims based\nin contract, tort (including negligence, intentional tort, fraud and fraud in the\ninducement), agency, statutory law (federal and state), administrative regulations or\nany other source of law (including equity). Notwithstanding the foregoing, the word\n\xe2\x80\x9cClaim\xe2\x80\x9d does not include any dispute or controversy about the validity, enforceability,\ncoverage or scope of this Arbitration Provision or any part thereof; all such disputes\nor controversies are for a court and not an arbitrator to decide. However, any\ndispute or controversy that concerns the validity or enforceability of the Credit Card\nContract as a whole is for the arbitrator, not a court, to decide.\nAgreement to Arbitrate: Any Claim shall be resolved and settled exclusively and\nfinally by binding arbitration, in accordance with this Provision. Binding arbitration\n\nLI\n\nshall not be required, however, for collection actions we bring in court if you default\non your Credit Account as set forth in the Credit Card Contract. Furthermore,\nboth you and we retain the right to pursue in a small claims court (or your state\xe2\x80\x99s\nequivalent court) any Claim that is within that court\xe2\x80\x99s jurisdiction, so long as the\nmatter remains in such court and advances only on an individual (non-class,\nnon-representative) basis. For any Claims covered by this Provision, a party who\nasserted a Claim in a lawsuit in court may elect arbitration with respect to any Claim\nsubsequently asserted in that or any related or unrelated lawsuit by any other party.\nClass Action Waiver: If a Claim is arbitrated, neither you nor we will have the\nright: (a) to participate in a class action, private attorney general action or other\nrepresentative action in court or in arbitration, either as a class representative or\nclass member; or (b) to join or consolidate Claims with Claims of any other persons.\nAn award in arbitration shall determine the rights and obligations of the named\nparties only, and only with respect to the Claim(s) in arbitration, and shall not (i)\ndetermine the rights, obligations, or interests of anyone other than a named party,\nor resolve any Claim of anyone other than a named party; nor (ii) make an award\nfor the benefit of, or against, anyone other than a named party. No arbitration\nadministrator or arbitrator shall have the power or authority to waive, modify, or fail\nto enforce this section, and any attempt to do so, whether by rule, policy, arbitration\ndecision or otherwise, shall be invalid and unenforceable. Any challenge to the\nvalidity of this Class Action Waiver shall be determined exclusively by a court and\nnot by the administrator or any arbitrator. Thus, you agree that UNDER THIS\nARBITRATION PROVISION THERE IS NO RIGHT OR AUTHORITY FOR ANY\nCLAIMS TO BE LITIGATED IN COURT OR ARBITRATED ON A CLASS BASIS.\nArbitration will only be conducted on an individual Claim basis and there is no\nright or authority to consolidate or join any of your Claims with any other Claims.\nYOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING\nANY RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF\nANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO\nARBITRATION UNDER THIS PROVISION.\nVoluntary Waiver of the Right to a Jury Trial: As a result of this Provision,\nneither you nor we have the right to litigate any Claim in court or the right to a\njury trial on any Claim, except as provided above. YOU AGREE THAT YOU ARE\nVOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT YOU MAY HAVE TO\nGO TO COURT OR TO HAVE A JURY TRIAL.\nGoverning Law: This agreement to arbitrate is made pursuant to a transaction\ninvolving interstate commerce and shall be governed by the Federal Arbitration Act,\n9 U.S.C. \xc2\xa7\xc2\xa7 1-16, as it may be amended. If for any reason the Federal Arbitration\nAct does not apply, the substantive law of the State of South Dakota shall govern\nthis Provision.\nArbitration Location and Procedure: Any arbitration hearing at which you wish\nto appear will take place at a location within the federal judicial district that includes\nyour billing address at the time the Claim is filed. The party bringing the Claim\nmay file its Claim at the American Arbitration Association (\xe2\x80\x9cAAA\xe2\x80\x9d), or an arbitration\norganization mutually agreed upon by the parties. The arbitration organization that\nis selected will administer the arbitration pursuant to its procedures in effect at the\ntime of filing, subject to this Provision. If you do not agree to file your claim with AAA,\nand the parties cannot agree on an alternative arbitration organization, an arbitrator\nwill be appointed by a court pursuant to the Federal Arbitration Act. In the event\nof a conflict or inconsistency between the respective organization\xe2\x80\x99s rules and this\nProvision or the Credit Card Contract, this Provision shall govern. The arbitration will\nbe conducted before a single arbitrator, whose authority is limited solely to individual\nClaims between you and us. The arbitration will not be consolidated with any other\narbitration proceeding. Any decision rendered in such arbitration proceeding will\nbe final and binding on the parties, except for any appeal rights under the FAA,\nand judgment may be entered in a court of competent jurisdiction. The rules and\nforms of AAA may be obtained as follows: American Arbitration Association, 120\nBroadway, Floor 21, New York, N.Y. 10271, website at www.adr.org.\nArbitrator\xe2\x80\x99s Authority: The arbitrator shall apply the applicable substantive law,\nconsistent with the Federal Arbitration Act; shall apply statutes of limitation; and\nshall honor claims of privilege recognized at law. In conducting the arbitration\nproceeding, the arbitrator shall not apply any federal or state rules of civil procedure\nor evidence. THE RULES AND PROCEDURES OF THE AAA OR OTHER\nARBITRATION ORGANIZATION WILL GOVERN THE RIGHT TO ENGAGE IN\n\nE\n\nN\n\nPRE-ARBITRATION DISCOVERY. Either party may, however, request to expand\nthe scope of discovery. If a request is made, within 15 days of the requesting party\xe2\x80\x99s\nnotice, the objecting party may submit objections to the arbitrator with a copy of\nthe objections provided to the party requesting expansion. The grant or denial of\na party\xe2\x80\x99s request will be in the sole discretion of the arbitrator, who shall notify the\nparties of the final decision within 20 days of the objecting party\xe2\x80\x99s submission.\nThe Arbitrator\xe2\x80\x99s Award: The arbitrator may award any damages or other relief or\nremedies that would apply under applicable law to an individual action brought in\ncourt, including, without limitation, punitive damages (which shall be governed by\nthe Constitutional standards employed by the courts), attorneys\xe2\x80\x99 fees and costs\nand injunctive, equitable and declaratory relief (but only in favor of the individual\nparty seeking relief and only to the extent necessary to provide relief warranted\nby that party\xe2\x80\x99s individual claim). At the timely request of either party, the arbitrator\nshall write a brief explanation of the grounds for the decision. Judgment upon the\naward rendered by the arbitrator may be entered in any court having jurisdiction\nthereof. No arbitration award between you and us will have any impact on any\ndispute involving anyone who is not a party to the arbitration, nor will an arbitration\naward between us and any other person have any impact to an arbitration between\nyou and us.\nExpenses: Regardless of who demands arbitration, we will pay all expenses\nof arbitration, including the filing, administrative, hearing and arbitrator\xe2\x80\x99s fees\n(\xe2\x80\x9cArbitration Fees\xe2\x80\x9d), to the extent that the Arbitration Fees exceed the amounts you\nwould be required to pay for filing a lawsuit in state or federal court, whichever is\nless. If you have already paid a court filing fee, you will not be required to pay it\nagain. Throughout the arbitration, each party shall bear his or her own attorney\nfees and expenses, such as witness and expert witness fees. If you prevail in the\narbitration of any Claim against us, we will reimburse you for any fees you paid to\nthe arbitration organization in connection with the arbitration. The arbitrator will have\nthe authority to award fees and costs of attorneys, witnesses and experts to the\nextent permitted by this Credit Card Contract, the administrator\xe2\x80\x99s rules or applicable\nlaw. With respect to Claim(s) asserted by you in an individual arbitration, we will pay\nyour reasonable attorney, witness and expert fees and costs if and to the extent you\nprevail, if applicable law requires us to or if we must bear such fees and costs in\norder for this Arbitration Provision to be enforced.\nBinding Effect and Survival: You and we agree that, except as specifically\nprovided for above, the arbitrator\xe2\x80\x99s decision will be final and binding on all parties\nsubject to this Provision. This Provision is binding upon you, us, and the heirs,\nsuccessors, assigns and related third parties of you and us. This Provision shall\nsurvive termination of your account, whether it be through voluntary payment of the\ndebt in full by you, a legal proceeding initiated by us to collect a debt that you owe,\na bankruptcy by you or a sale of your Credit Account by us.\nSeverability: If any part of this Provision is deemed or found to be unenforceable\nfor any reason, the remainder shall be enforceable, except as follows:\nA. The parties to this Provision acknowledge that the provision titled\n\xe2\x80\x9cClass Action Waiver\xe2\x80\x9d is material and essential to the arbitration of any disputes\nbetween the parties and is non-severable from this Provision. If the Class Action\nWaiver is limited, voided or found unenforceable, then this Provision (except for\nthis sentence) shall be null and void with respect to such proceeding, subject to\nthe right to appeal the limitation or invalidation of the Class Action Waiver. The\nparties acknowledge and agree that under no circumstances will a class action be\narbitrated.\nB. If a Claim is brought seeking public injunctive relief and a court\ndetermines that the restrictions in the Class Action Waiver and/or elsewhere in this\nProvision prohibiting the arbitrator from awarding relief on behalf of third parties\nare unenforceable with respect to such Claim (and that determination becomes\nfinal after all appeals have been exhausted), the Claim for public injunctive relief\nwill be determined in court and any individual Claims seeking monetary relief will\nbe arbitrated. In such a case the parties will request that the court stay the Claim\nfor public injunctive relief until the arbitration award pertaining to individual relief\nhas been entered in court. In no event will a Claim for public injunctive relief be\narbitrated.\n\nPY\n\nO\n\nC\n\nSTATE DISCLOSURES\nCalifornia Residents: A married applicant may apply for a separate Credit\nAccount. As required by law, you are hereby notified that a negative credit reporting\nreflecting on your credit record may be submitted to a Consumer Reporting Agency\nif you fail to fulfill the terms of your credit obligations. After credit approval, each\napplicant shall have the right to use the Credit Account up to the limit of the Credit\nAccount. Each applicant may be liable for amounts extended under the plan to any\njoint applicant.\nDelaware Residents: Service charges not in excess of those permitted by law will\nbe charged on the outstanding balances from month to month.\nKentucky Residents: You may pay the unpaid balance of your Credit Account in\nwhole or in part at any time.\nMaine Residents: Credit insurance provided herein is voluntary and you have the\nright to cancel such credit insurance at any time.\nMaryland Residents: Finance charges will be imposed in amounts or at rates not\nin excess of those permitted by law.\nVermont Residents: First PREMIER Bank may obtain a consumer report for any\nlegitimate purpose in connection with your Credit Account or your application,\nincluding but not limited to reviewing, modifying, renewing and collecting on your\nCredit Account. Upon your request, we (First PREMIER Bank) will inform you of the\nnames and addresses of any Consumer Reporting Agencies that have furnished\nthe reports.\nOhio Residents: The Ohio laws against discrimination require that all creditors\nmake credit equally available to all credit worthy customers, and that Consumer\nReporting Agencies maintain separate credit histories on each individual upon\nrequest. The Ohio Civil Rights Commission administers compliance with this law.\nMarried Wisconsin Residents: No provision of any marital property agreement,\nunilateral statement, or court order applying to marital property will adversely\n\nN\n\nYOUR BILLING RIGHTS\nKEEP THIS DOCUMENT FOR FUTURE USE\nThis notice tells you about your rights and our responsibilities under the Fair\nCredit Billing Act.\nWhat To Do If You Find A Mistake On Your Statement: If you think there is an\nerror on your statement, write to us at:\nFirst PREMIER Bank\nP.O. Box 5524\nSioux Falls, SD 57117-5524\n(You may also contact us on the Web: www.mypremiercreditcard.com.)\nIn your letter, give us the following information:\n\xe2\x80\xa2 Account information: Your name and Credit Account Number.\n\xe2\x80\xa2 Dollar amount: The dollar amount of the suspected error.\n\xe2\x80\xa2 Description of problem: If you think there is an error on your bill, describe what you\nbelieve is wrong and why you believe it is a mistake.\nYou must contact us:\n\xe2\x80\xa2 Within 60 days after the error appeared on your Statement.\n\xe2\x80\xa2 At least three business days before an automated payment is scheduled, if you\nwant to stop payment on the amount you think is wrong.\nYou must notify us of any potential errors in writing (or electronically). You may call\nus, but if you do we are not required to investigate any potential errors and you may\nhave to pay the amount in question.\nWhat Will Happen After We Receive Your Letter: When we receive your letter,\nwe must do two things:\n(1) Within 30 days of receiving your letter, we must tell you that we received your\nletter. We will also tell you if we have already corrected the error.\n(2) Within 90 days of receiving your letter, we must either correct the error or explain\nto you why we believe the bill is correct.\nWhile we investigate whether or not there has been an error:\n\xe2\x80\xa2 We cannot try to collect the amount in question, or report you as delinquent on\nthat amount.\n\xe2\x80\xa2 The charge in question may remain on your Statement, and we may continue to\ncharge you interest on that amount.\n\xe2\x80\xa2 While you do not have to pay the amount in question, you are responsible for the\nremainder of your balance.\n\xe2\x80\xa2 We can apply any unpaid amount against your credit limit.\nAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2 If we made a mistake: You will not have to pay the amount in question or any\ninterest or other fees related to that amount.\n\xe2\x80\xa2 If we do not believe there was a mistake: You will have to pay the amount in\nquestion, along with applicable interest and fees. We will send you a statement\nof the amount you owe and the date payment is due. We may then report you as\ndelinquent if you do not pay the amount we think you owe.\n\nIf you receive our explanation but still believe your bill is wrong, you must write to us\nwithin 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\nlet those organizations know when the matter has been settled between us.\nIf we do not follow all of the rules above, you do not have to pay the first $50.00 of\nthe amount you question even if your bill is correct.\nYour Rights If You Are Dissatisfied With Your Credit Card Purchases: If you\nare dissatisfied with the goods or services that you have purchased with your credit\nCard, and you have tried in good faith to correct the problem with the merchant, 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:\n(1) The Purchase must have been made in your home state or within 100 miles of\nyour current mailing address, and the Purchase price must have been more than\n$50.00. (Note: Neither of these are necessary if your Purchase was based on an\nadvertisement we mailed to you, or if we own the company that sold you the goods\nor services.)\n(2) You must have used your credit Card for the Purchase. Purchases made with\nCash Advances from an ATM or with a check that accesses your Credit Account\ndo not qualify.\n(3) You must not yet have fully paid for the Purchase.\nIf all of the criteria above are met and you are still dissatisfied with the Purchase,\ncontact us in writing (or electronically) at:\nFirst PREMIER Bank\nP.O. Box 5524\nSioux Falls, SD 57117-5524\nwww.mypremiercreditcard.com\nWhile we investigate, the same rules apply to the disputed amount as discussed\nabove. After we finish our investigation, we will tell you our decision. At that point, if\nwe think you owe an amount and you do not pay, we may report you as delinquent.\nYour Liability for Unauthorized Use of Your Credit Account: You will not be\nliable for unauthorized use of your Card or Credit Account. However, to protect your\nrights, you are required to notify us orally or in writing as soon as you are aware\nthat your Card or Credit Account has been lost, stolen or used without your consent.\nCertain exceptions apply. To notify us of the loss, theft or possible unauthorized use\nof your Card, call us at 1-800-987-5521, 24 hours a day.\n\nO\n\neach instance, plus a foreign currency transaction fee in the amount disclosed on\nyour Account Opening Disclosures printed on the card carrier containing your Card.\nThis fee will be paid to us and applied to all transactions posted to your Credit\nAccount in a foreign currency, including all Purchase transactions, Cash Advance\ntransactions, ATM transactions and returns and adjustments (e.g., for returned\nmerchandise). The currency conversion rate used on the processing date may be\ndifferent than the rate that was in effect on the date you conducted the transaction.\nWe do not set the currency conversion rate, and we do not receive any portion of\nit. We do, however, receive a foreign currency transaction fee as disclosed on your\nAccount Opening Disclosures printed on the card carrier containing your card.\nProhibition on Gambling and Illegal Transactions: Your Card and Credit Account\nmay not be used in connection with any gambling transaction (whether legal or\nillegal). Also, your Card and Credit Account may be used only for valid and lawful\npurposes. If you use, or allow someone else to use your Card or Credit Account for\nany unlawful purpose or for any gambling transaction, you will be responsible for\nsuch use and may be required to reimburse us for all amounts or expenses we pay\nas a result of such use.\nCall Recording: You agree and consent that we will record and may monitor\nany calls between you and us. This includes both calls to and originated by First\nPREMIER Bank, PREMIER Bankcard, LLC, our parent corporation, or any of our\naffiliates, agents, independent contractors or service providers.\n\nM-131936\n\nIDTNA\n\n08/20\n\nFirst PREMIER Bank\nCREDIT CARD CONTRACT AND\nACCOUNT OPENING DISCLOSURES (cont\xe2\x80\x99d)\nThis Contract explains the terms and conditions of your Credit Account with us,\nincluding important provisions relating to arbitration and litigation. For additional\nimportant information on fees and INTEREST CHARGES and other contract\nprovisions that apply to your Credit Account, please review the Account\nOpening Disclosures printed on the card carrier containing your Card. Be sure\nto retain all Contract documents for future reference.\nYOUR CONTRACT WITH US\nYour Mastercard\xc2\xae or Visa\xc2\xae brand Credit Account is governed by the terms and\nconditions in this Contract and the Account Opening Disclosures printed on the card\ncarrier containing your Card (\xe2\x80\x9cContract\xe2\x80\x9d).\nApplicable Law: No matter where you live, our Contract with you and the terms of\nyour Credit Account will be governed by the laws of the State of South Dakota and\napplicable federal law.\nCertain Agreements and Waivers: You understand that you are acknowledging,\nconfirming and ratifying the debt transferred to your Credit Account as an Initial\nBalance Transfer (\xe2\x80\x9cOld Debt\xe2\x80\x9d), to the full extent allowed by law, you are waiving\nany defense that would prevent us from collecting the Old Debt. The defenses you\nare waiving include a defense that the time may have expired for filing a lawsuit\nto collect the Old Debt. The Statue of Limitations requires a lawsuit be filed within\na specific time after a debt is in default and would prevent the collection of the\ndebt in a court of law if a lawsuit is not filed within the required time. You agree\nthat this Contract: (1) serves as your written acknowledgement of the justness and\naccuracy of the Old Debt; (2) evidences your willingness and promise to pay the\nOld Debt pursuant to the terms of this Contract; and (3) serves as your signature\nto, and acceptance of, this Contract to the full extent required by any applicable\nlaw and establishes a written agreement between you and us. Even though your\nagreement to transfer the Old Debt to a Credit Account with us would allow us to\nsue you for non-payment of the Old Debt if you do not pay as agreed (as explained\npreviously), we irrevocably agree that we will not sue for collection of any portion\nof the Old Debt at any time. We do not, however, waive our right to sue you for any\nbalance other than the Old Debt, such as Purchases, Cash Advances, INTEREST\nCHARGES, costs and fees, that are created after your Credit Account is opened.\nYou also understand that by transferring the Old Debt to a Credit Account with us,\nthe Old Debt will be included in the balance on your Credit Account that we may\nreport to Consumer Reporting Agencies. The Fair Credit Reporting Act prohibits\nreporting balances which were charged off more than seven years previously. By\ntransferring the Old Debt to a Credit Account with us, the balance of the Old Debt\nwill become a new obligation on your Credit Account which may be reported to\nConsumer Reporting Agencies beyond the seven-year period applicable to the Old\nDebt. You agree not to use this Credit Account unless you sign the back of your\nCard and accept the conditions of this Contract.\nEffective Date: This Contract is effective upon the transfer of the Old Debt to your\nCredit Account as an Initial Balance Transfer. If, after reading this Contract, you\ndo not agree to all terms hereof, you must notify us in writing within 30 days after\nwe mail this Contract to you that you do not wish to be bound by the terms of the\nContract and your Credit Account will be closed and the Initial Balance Transfer\napplied to your Credit Account will be reversed. The settled amount of the debt\nthat had been transferred to your Credit Account will then be subject to collection\nefforts. You will be responsible for any other Purchase or Cash Advance applied to\nyour Credit Account even if your Credit Account is cancelled as described in this\nparagraph. You may or may not be able to renegotiate a new settlement with the\nowner of the debt.\nDEFINITIONS USED IN THIS CONTRACT\nIn this Contract, \xe2\x80\x9cwe\xe2\x80\x9d, \xe2\x80\x9cus\xe2\x80\x9d and \xe2\x80\x9cour\xe2\x80\x9d each refer to First PREMIER Bank (the\n\xe2\x80\x9cBank\xe2\x80\x9d).\n\xe2\x80\x9cAuthorized User\xe2\x80\x9d means any person authorized by you to use the Card or Credit\nAccount.\n\n\x0cmay increase to $125.00 once the criteria above are met. In any event, you will not\nbe able to obtain a Cash Advance to the extent you do not have available credit.\nRECEIVING STATEMENTS, OTHER INFORMATION AND\nCOMMUNICATIONS FROM US\nWhere We Send Statements: We will send Statements and any other notices\nto you at the address shown in our files. If this is a joint Credit Account, we can\nsend Statements and notices to either of you. You agree to notify us promptly\nof any change in your address. We may accept address changes or corrections\nfrom the United States Postal Service. We may also mail Statements and other\ncommunications to you at any address we determine to be an address at which\nyou can receive mail. If you elect to receive Statements and other communications\nelectronically, we may send those Statements and communications as directed by\nyou.\nWhen You Receive Your Statements: We will send you a Statement at the end\nof each monthly Billing Cycle in which your Credit Account has a debit or credit\nbalance of more than $1.00, if an INTEREST CHARGE has been imposed or if\nother account activity has occurred. Your Statements will arrive around the same\ntime each month, however we reserve the right to change the date of your Billing\nCycle at any time.\nUnderstanding Your Statement: The Statements we send to you will reflect the\nactivity and our INTEREST CHARGES and other charges, costs and fees on your\nCredit Account during the Billing Cycle. They will also show your Total Minimum\nAmount Due and Payment Due Date, which is the date by which we must receive\npayment. The information contained on the Statement will be deemed to be correct\nunless you advise us in writing of any error within 60 days of the date on which we\nsend your Statement. If there are more than one of you living at different addresses,\nwe will send the Statements only to the person named as the \xe2\x80\x9cApplicant\xe2\x80\x9d in your\napplication.\nConsent to calls and messages using autodialer, prerecorded message\nand artificial voice: You agree and expressly consent that we and our agents,\naffiliates, contractors, subcontractors, and assignees may call or contact you at any\ncellular, mobile, home, work, or other telephone number, electronic mail address,\nor other digital or electronic communication terminal, link, point or address of any\nkind whatsoever that (a) you provide or use to contact us, (b) we obtain from a\nthird party such as an employer, friend, family member, another creditor, or person\nwith whom you have done business, or (c) we obtain through any legal means,\nincluding without limitation, a caller identification system that captures your number.\nYou expressly consent to receiving calls, text messages and other communications\nfrom us, our agents, affiliates, contractors, subcontractors, and assignees on any\nnumber that is assigned to a cellular telephone service, wired telephone service,\npaging service, facsimile machine, specialized mobile radio service, radio common\ncarrier service, internet protocol service, or other electronic, digital or analog\nservice that is placed through or utilizes an automatic telephone dialing system,\nartificial voice or pre-recorded message, or any other technology, even if you incur\na cost when we contact you. You accept responsibility for all costs you incur when\ncontacted through any of these means.\nIndemnification: You agree to indemnify us for all damages, costs and expenses,\nincluding reasonable attorney fees, we incur when we attempt to contact you at\nany third party\xe2\x80\x99s telephone number that you provide to us, including any number\nfor which you fail to notify us is no longer associated with you as the subscriber.\nE-mail: By providing us with your e-mail address, you consent to receive\ncorrespondence electronically from us and our affiliates and service providers. You\nagree that we may communicate with you by e-mail for any lawful reason\nOther Communication Devices: If you provide us with any other form of electronic\ncommunication mechanism, you agree that we may communicate with you by that\nmechanism for any lawful reason.\n\nLI\n\nthe payment cutoff time) on your Payment Due Date. You can make a payment\nby mail, by phone, by bill payment service, or online. Instructions on making a\npayment and when the payment will be credited to your account are included on\nyour Statement. Generally, credits from merchants are not treated as payments\nand will not reduce the amount you must pay each Billing Cycle. The Payment\nDue Date will be at least 27 days from the Statement Closing Date. Your Payment\nDue Date will be the same date each month. You can pay all or any portion of\nyour balance owed on your Account at any time.\nApplying Your Payments: We may apply your payment to whichever balances\nwe choose to the extent it does not exceed the Total Minimum Amount Due shown\non your Statement. The amount of your payment in excess of the Total Minimum\nAmount Due will be applied to balances subject to the highest APR prior to\nbalances subject to lower APRs. We may apply your payment to principal amounts,\nINTEREST CHARGES, fees and other charges in any order we choose, and we\nmay change the order of application of payments from time to time at our discretion.\nAvailability of Credit: Available credit created as a result of payments posted\nto your Credit Account may not be available for up to 20 days, or even longer\nif circumstances warrant an additional hold, or if we deem ourselves at risk for\nany reason. Your available credit may be limited, from time to time, if you provide\nyour Credit Account number or Card to a merchant that processes advance\nauthorizations, such as hotels, motels and car rental. Such an authorization may\nlimit your ability to make Purchases and take Cash Advances on your Credit\nAccount until the authorization is canceled by the merchant and your available\ncredit is released.\nElectronic Check Presentment: When you send us a personal check, you\nauthorize us to either use information from your check to make a one-time electronic\ntransfer from your account, or to process the payment as a check transaction. If\nyour check is processed electronically, your canceled check will not be returned\nto you by your financial institution. We will retain an image of your electronically\nprocessed check(s) as required by law. If requested prior to the time we are allowed\nby law to destroy electronically processed checks, we will provide you with a copy of\nyour electronically processed check(s) upon your request. Funds may be withdrawn\nfrom your bank account as soon as the day your payment is received. We agree to\naccept your checking account statement as proof of payment. The description on\nyour checking account statement will read: PREMIER CR CARD CHECK-PAYMT,\nserial number of the check, amount of the payment and date of the transaction. If\nyou choose to opt out of electronic check presentment, please call our Customer\nService Department at 1-800-987-5521.\nLate Payments: We may accept late payments, partial payments or checks or\nother payment instruments marked to impose terms or conditions of acceptance\nsuch as \xe2\x80\x9cpaid in full\xe2\x80\x9d without waiving any of our rights under this Contract, and\nno attempt by you to impose any term or condition of acceptance will be effective\nagainst us. Satisfaction of a debt for less than the full amount due or imposition\nof any other term or condition on us requires a written agreement, signed by an\nauthorized Bank representative.\n\nE\n\nN\n\nC\n\nIf You Are In Default: Upon your default of this Contract, we will have all remedies\nprovided by law including, without limitation, and without prior notice or demand,\nthe right to:\n\xe2\x80\xa2 Deny use of your Credit Account.\n\xe2\x80\xa2 Close or refuse to renew your Credit Account.\n\xe2\x80\xa2 Demand the return of your Card(s).\n\xe2\x80\xa2 Declare your entire balance immediately due and payable.\n\xe2\x80\xa2 Initiate collection activity.\n\xe2\x80\xa2 Not replace your Card(s).\nCollection Costs: To the extent permitted by law, you must pay all court and\ncollection costs, including reasonable attorneys\xe2\x80\x99 fees, the costs of placing your\nCredit Account in the Warning Bulletin and the costs of confiscating your Card, that\nwe incur as a result of your default.\nCLOSING YOUR CREDIT ACCOUNT\nWe May Suspend or Close Your Credit Account: We may suspend your Credit\nAccount privileges or permanently cancel and close your Credit Account at any\ntime, for any reason.\nYou May Close Your Credit Account: You may cancel your Credit Account at\nany time by notifying us by telephone or in writing. Even after your Credit Account\nis closed, you remain responsible for paying any amounts you owe on the Credit\nAccount according to the terms of this Contract. If this is a joint Credit Account,\neither of you may request that the Credit Account be closed and we will honor\nthat request. If your account is billed a Monthly Fee, refer to the Account Opening\nDisclosures included on the credit card carrier for information about the billing of the\nfee when the account is closed. If your account is billed an Annual Fee or Monthly\nFee, refer to the back of your monthly Statement for information on how to avoid\nthe fees.\nNo Initial Payment Closure: If you do not make your initial Minimum Payment\nwithin 85 days of the Account Opening Date, your Credit Account will be\nautomatically closed and the Initial Balance Transfer posted to your Credit Account\nwill be reversed.\nREFUND DISCLOSURE\nInitial Fee Refunds: The following describes our policy concerning the refund of\ninitial fees (those fees that are billed on your first statement):\nWhen we will provide a full refund. We will refund the initial fees if you have\nnot made a Purchase or obtained a Cash Advance and either of the following\nare true:\n\xe2\x80\xa2 Your account is closed within 11 days following the payment due date\nshown on your first billing statement; or\n\xe2\x80\xa2 Your account is closed before you pay anything after receiving a\nbilling statement.\nWhen we will provide a partial refund. If your account is closed more than 11\ndays after the payment due date on your first billing statement, we will refund\nthe unpaid amount of the outstanding fees even if you have made a payment\nafter receiving a billing statement as long as you have not made a Purchase\nor obtained a Cash Advance. However, we will not refund any amount you\nhave previously paid, including any other fees billed to your account.\nWhen we will not provide a refund. We have no obligation to refund fees\nor interest after you make a Purchase or obtain a Cash Advance following\nreceipt of these disclosures.\nCredit Limit Increase Fee Refunds: We will refund the Credit Limit Increase\nFee if you reject the credit limit increase within 30 days after the date of the billing\nstatement on which the fee is billed. This will result in a reversal of the credit limit\nincrease.\n\nPY\n\nABOUT YOUR PAYMENTS\nAmount of Payment, Avoiding Late Fees, and Payment Instructions: You\nmust make a payment by the Payment Due Date in each billing cycle that has\na New Balance. The amounts you owe are shown in the \xe2\x80\x9cPayment Information\xe2\x80\x9d\nbox on the first page of your Statement. To avoid a Late Payment Fee, we\nmust receive a payment at least equal to the Minimum Payment plus the Past\nDue Amount shown on your Statement by 5 pm Central Time (referred to as\n\nDEFAULT PROVISIONS\nEvents of Default: You will be in default of this Contract if any of the following occur\non this or any Related Credit Account:\n\xe2\x80\xa2 You do not pay at least the Total Minimum Amount Due on your Credit\nAccount on or before the Payment Due Date.\n\xe2\x80\xa2 You die or become legally incompetent.\n\xe2\x80\xa2 You become insolvent or bankrupt.\n\xe2\x80\xa2 You exceed or attempt to exceed your Credit Limit.\n\xe2\x80\xa2 You provide us with or have provided us with false or misleading information\nor signatures at any time.\n\xe2\x80\xa2 You fail to comply with this Contract.\n\xe2\x80\xa2 You fail to make any payment or perform any promise in any agreement or\nobligation you have with us.\n\xe2\x80\xa2 Any judgment, lien, attachment or execution is issued against you or your\nproperty.\n\xe2\x80\xa2 You request an excessive number of replacement Cards.\n\xe2\x80\xa2 We reasonably believe that you will not pay amounts owed to us for any\nreason.\n\nO\n\nUSING YOUR CREDIT ACCOUNT\nYour Promise To Pay: You agree to pay us for all charges, Cash Advances,\nINTEREST CHARGES, Purchases and fees incurred on your Credit Account\nby you, or by any Authorized User, as well as any other fees imposed by us, as\nexplained in this Contract. If more than one person requests or accepts the Credit\nAccount, each and every person individually and jointly are responsible for payment\nuntil the account is paid in full.\nJoint Account Holders: If this is a joint Credit Account, each person who signed\nthe application: (1) may obtain Purchases and Cash Advances not to exceed the\ntotal credit limit; (2) will be responsible for paying all amounts owed; and (3) can\nclose the Credit Account.\nAccessing Your Credit Line: You can use the Card and your Credit Account to\nmake Purchases and obtain Cash Advances. Upon your request, you may be\nassigned a Personal Identification Number (PIN). If a PIN is assigned to you, you\ncan obtain a Cash Advance at any authorized ATM by using the Card and PIN.\nUnderstanding Your Credit Limit: Your \xe2\x80\x9cCredit Limit\xe2\x80\x9d is the maximum amount\nof credit we have approved for your Credit Account. Your Credit Limit is the same\namount as your Initial Balance Transfer when you open your Credit Account, so\nyou will not be able to use your card for other Purchases or Cash Advances until\nyou make a payment. The amount of available credit at any time will be your Credit\nLimit minus the balance of your Initial Balance Transfer and any other Purchases,\nCash Advances, INTEREST CHARGES, fees and other charges. When your Credit\nAccount is first opened, your available credit will be $0 until you pay at least the Total\nMinimum Amount Due. The amount of available credit will not necessarily be equal\nto the amount of payments made to your Credit Account because fees, INTEREST\nCHARGES and other charges may be applied to your Credit Account. The amount\nof your Credit Limit is printed on the card carrier containing your Card and on your\nStatements. Your balance may not exceed your Credit Limit at any time. At our sole\ndiscretion, we may honor Purchases or Cash Advances in excess of your Credit\nLimit without raising your Credit Limit. If we do, we may require you to pay us any\namount over your Credit Limit immediately. Decisions on Credit Limit increases may\nbe based on your performance under this Credit Account and other Related Credit\nAccounts you have with us and other credit criteria. If we have previously allowed\nyour balance to exceed your Credit Limit, it does not mean that we will permit your\nbalance to exceed your Credit Limit again. We reserve the right to approve or deny\nauthorizations or transactions from any merchant at our sole discretion.\nObtaining Cash Advances: You may take Cash Advances on your Credit Account\nin any of the following ways: By presenting the Card to us or any other participating\nMastercard\xc2\xae or Visa\xc2\xae financial institution to obtain cash, by using the Card at an\nauthorized merchant, other non-bank entity, or an Automated Teller Machine (ATM)\nor other device to obtain cash or cash equivalent, or to make a transfer from your\nCredit Account to any other deposit or loan account. Even if you use your Credit\nAccount to obtain cash from a non-bank entity, the transaction will be described as\na Bank Cash Advance.\nYou may not take Cash Advances in excess of $500.00 per day. The minimum Cash\nAdvance per transaction is $20.00. For Credit Accounts opened on or after June\n1, 2003, your initial Cash Advance limit will be 10% of your assigned Credit Limit.\nOnce your Credit Account has been open and active for a minimum of 90 days,\nhas two consecutive months of current payment history, is not currently delinquent\nand no payments have been returned for the past 60 days, your Cash Advance\navailability may be increased to 50% of the assigned Credit Limit. For example, if\nyour Credit Limit is $250.00, your beginning Cash Advance limit will be $25.00 and\n\nN\n\nUSING YOUR CARD\nSign Your Card: Be sure to sign your Card before you use it.\nIf You Do Not Want the Card: If you do not want the Card and Credit Account, you\nmust contact us by telephone or in writing asking us to close your Credit Account.\nDo Not Give Your Card to Others: Cards may not be given to anyone else to use.\nOther people who want a Credit Account should apply separately.\nYour Responsibility for Authorized Users: If another person is given access to\nyour Credit Account with your express or implied permission, notwithstanding the\nprovision above, that person is an Authorized User, even if we did not issue an\nadditional Card in the Authorized User\xe2\x80\x99s name. At your request, and if we agree, we\nmay issue an additional Card in the name of an Authorized User with your Credit\nAccount number.\nYou will be responsible for all charges, Cash Advances, INTEREST CHARGES,\nPurchases and fees incurred by any Authorized User. We are not required to try\nto obtain payment from any Authorized User before requiring payment from you.\nIf you wish to remove an Authorized User from your Credit Account you must contact\nus either by telephone or in writing. You will still be responsible for payment of all\nPurchases, Cash Advances, INTEREST CHARGES and fees incurred or obtained\nby the Authorized User. We may close your existing Credit Account and issue you a\nnew Card and account number. You and each Authorized User agree that we may\nreport account information to Consumer Reporting Agencies in the names of both\nyou and the Authorized User.\nLost or Stolen Cards: To protect your rights, you must notify us immediately at\n1-800-987-5521 if your Card is lost or stolen or if you suspect that it has been used\n\nor may be used without your permission. If your Card is reported as lost or stolen or\nyou are claiming unauthorized use of your Credit Account or Card, we may require\nyou to file one or more reports with the appropriate law enforcement agencies and\nus prior to our removal of possible unauthorized charges made against your Credit\nAccount. You will not be liable for unauthorized use of your Card. Certain exceptions\napply.\nRefusal to Accept Your Card: We are not responsible if any person or merchant\ndoes not accept your Card, or if an ATM or other device fails to properly operate.\nAll transactions, even when you get a receipt, are subject to our final verification.\nCards Are Our Property: You agree to return each Card issued on your Credit\nAccount to us upon our demand.\n\nO\n\n\xe2\x80\x9cBilling Cycle\xe2\x80\x9d begins on the day after the Statement Closing Date of the previous\nStatement and includes the Statement Closing Date of the current Statement.\n\xe2\x80\x9cCard\xe2\x80\x9d means all the plastic credit cards we issue to you or any other person who\nis authorized to use the Credit Account. In the event we issue other devices by\nwhich you can access your Credit Account, those devices will also be \xe2\x80\x9cCards\xe2\x80\x9d for\npurposes of this Contract.\n\xe2\x80\x9cClosing Date\xe2\x80\x9d means the last day of any Billing Cycle.\n\xe2\x80\x9cCredit Account\xe2\x80\x9d means the credit card account that we open for you and the\nrelationship that is established between you and us by this Contract. This Credit\nAccount is used to record transaction activity made by you when you access or\notherwise utilize the line of credit we extend to you when you use your Card.\n\xe2\x80\x9cNew Balance\xe2\x80\x9d means the outstanding balance of your Credit Account at the end\nof any Billing Cycle. The New Balance is the sum of the Previous Balance (defined\nas the New Balance shown on your last Statement) less payments and credits,\nplus new Cash Advances and Purchases and our charges posted during the Billing\nCycle.\n\xe2\x80\x9cPayment Due Date\xe2\x80\x9d means the date we must receive your payment, which is not\nless than 27 days from the Closing Date.\n\xe2\x80\x9cProper Form\xe2\x80\x9d means a payment sent by mail or courier that:\n\xe2\x80\xa2 is by check, money order, or cashier\xe2\x80\x99s check payable in US dollars (do not\nsend cash)\n\xe2\x80\xa2 is payable to First PREMIER Bank (no third-party checks)\n\xe2\x80\xa2 includes your payment coupon, or includes your name and account\nnumber on the check\n\xe2\x80\x9cRelated Credit Account(s)\xe2\x80\x9d means any Credit Accounts established using the\nsame Social Security Number.\n\xe2\x80\x9cStatement\xe2\x80\x9d is a summary of your Credit Account activity provided to you at the\nend of each Billing Cycle.\n\xe2\x80\x9cTotal Minimum Amount Due\xe2\x80\x9d means the total minimum amount we request that\nyou pay each month as indicated on your Statement. This amount includes the\nMinimum Payment, any Past Due Amount and any Amount Over Limit Due, which is\nthe amount by which the New Balance exceeds your Credit Limit. (See the Minimum\nPayment provisions on the Account Opening Disclosures printed on the card carrier\ncontaining your Card for more information on how the \xe2\x80\x9cTotal Minimum Amount Due\xe2\x80\x9d\nis calculated.)\n\xe2\x80\x9cYou\xe2\x80\x9d and \xe2\x80\x9cyour\xe2\x80\x9d mean each and every person who is authorized to use the Credit\nAccount, including Authorized Users, joint account holders and other persons you\nauthorize to use the Card.\nOther important words used in this Contract begin with capital letters. They are\ndefined throughout this Contract.\n\nOTHER TERMS AND CONDITIONS\nSeverability: If any provision of this Contract is invalid or unenforceable, it shall not\naffect the validity or enforceability of any other provision of this Contract.\nChanging This Contract: We may change this Contract from time to time. For\nexample, we may change your Credit Account number or the Minimum Payment,\nadd new INTEREST CHARGES or fees, change the ANNUAL PERCENTAGE\nRATE or change the method of computing the balance upon which we impose\nINTEREST CHARGES. We may also make other changes. We will notify you in\nwriting of any change if required by law. Contract changes will apply to amounts\n\nyou owe at the time the change is effective and to new transactions on your Credit\nAccount, unless otherwise required by law. We will not change our promise not to\nsue you for the balance of your Old Debt transferred to this Credit Account when\nyour Credit Account is first opened.\nUse of Credit Reports: You authorize us to access and use your credit reports\nfrom the consumer reporting agencies for any purpose permitted by law which\nmay include whether to extend, increase, or decrease credit, reviewing, renewing\nor servicing your Credit Account, or determining whether to offer other products\nor services to you.\nInformation Sharing: The following describes your agreement with us with respect\nto information sharing. By requesting, obtaining or using a Credit Account from us\nyou agree that we may release information in our records regarding you and your\nCredit Account:\n\xe2\x80\xa2 To comply with any properly served subpoena or similar request issued by a\nstate or federal agency or court.\n\xe2\x80\xa2 To share your credit performance with Consumer Reporting Agencies and\nother creditors who we reasonably believe are or may be doing business with\nyou on your Credit Account.\n\xe2\x80\xa2 To provide information on your Credit Account to any third party who we\nbelieve is conducting an inquiry in accordance with the Federal Fair Credit\nReporting Act.\n\xe2\x80\xa2 To share information with our employees, agents or representatives\nperforming work for us in connection with your Credit Account.\n\xe2\x80\xa2 To communicate information as to our transactions or experiences with you\nto persons or entities related by common ownership or affiliated by corporate\ncontrol or with any third party (including non-affiliates).\nWe may also share information such as: (1) information other than our own\ntransactions with you with persons or entities related to the Bank by common\nownership or corporate control; or (2) information on your Credit Account\nwith certain companies to provide or offer you selected products, services or\ncardholder benefits. You may direct us not to share one or both of these. If this\nis your request call 1-800-987-5521 or notify us in writing at First PREMIER Bank,\nP.O. Box 5528, Sioux Falls, SD 57117-5528. Be sure to include your name, address\nand Credit Account number. You may receive a copy of our information on your\nCredit Account by writing or calling us at the address or telephone number listed\nabove. By requesting or obtaining a Credit Account, you authorize us to check your\ncredit history. You authorize your employer, bank and any other references listed to\nrelease and/or verify information to us and our affiliates in order to determine your\neligibility for the Credit Account and any renewal or future extension of credit. If you\nask, you will be told whether or not consumer reports on you were requested and\nthe names of the Consumer Reporting Agencies, with their addresses, that provided\nthe reports. If you designate an Authorized User to use your Card, you understand\nthat account information may also be reported to Consumer Reporting Agencies in\nthe Authorized User\xe2\x80\x99s name.\nNo Waiver: Even if we do not exercise any right we may have against you, we do\nnot intend to waive that right. We can exercise it against you in the future.\nBinding Effect Upon Death or Incompetency: If we pay a merchant for a\nPurchase or post a Cash Advance to your Credit Account before we receive\nactual written notice of your death or incompetence, or if we pay a merchant for a\nPurchase made by you or post a Cash Advance taken by you prior to your death or\nincompetence, that transaction will be a valid and binding Credit Account obligation\nupon you, your estate and your personal representatives.\nOur Liability To You: We have no liability to you, other than as placed on us by law.\nWe will meet our duty to care for your Credit Account(s) under reasonable banking\nprocedures. Our mere clerical error or honest mistake will not be considered a\nfailure to perform any of our obligations.\nTransactions in Foreign Currencies: If you make a transaction in a foreign currency,\nit will be converted into U.S. dollars, and you agree to accept the converted amount.\nVisa USA, Inc. or Mastercard International, Inc. will use its currency conversion\nprocedures in effect when processing the transaction. The currency conversion\nrate will be a rate selected by Visa or Mastercard, as applicable, from the range of\nrates available in wholesale currency markets for the applicable central processing\ndate, which rate may vary from the rate Visa or Mastercard itself receives, or the\ngovernment-mandated rate in effect for the applicable central processing date, in\n\n\x0c'