b"SECURED CREDIT CARD\nAGREEMENT\n(Personal Accounts)\n\nBy requesting or accepting a Secured Mastercard\xef\xa3\xa8 Credit\nCard account (\xe2\x80\x9cCredit Card account\xe2\x80\x9d or \xe2\x80\x9cAccount\xe2\x80\x9d) with Bank\nof the West, you agree to be bound by all the terms of this\nAgreement. In this Agreement, the words \xe2\x80\x9cyou\xe2\x80\x9d or \xe2\x80\x9cyour\xe2\x80\x9d\nmean everyone who has requested or accepted a Credit\nCard account with us. The words \xe2\x80\x9cwe,\xe2\x80\x9d \xe2\x80\x9cus,\xe2\x80\x9d \xe2\x80\x9cour,\xe2\x80\x9d or \xe2\x80\x9cBank\xe2\x80\x9d\nmean Bank of the West. If you do not accept this\nAgreement, you must notify us in writing within 5 days after\nreceipt. Use of your card or any feature (including a balance\ntransfer) of your Credit Card Agreement shall constitute\nacceptance of this Agreement.\n1. Use. Your Credit Card account card (\xe2\x80\x9cCard\xe2\x80\x9d) may be\nused as a credit card for purchases of goods or services\nfrom participating merchants (\xe2\x80\x9cPurchases\xe2\x80\x9d) or to get Cash\nAdvances from us or any other financial institution displaying\nthe \xe2\x80\x9cMastercard\xe2\x80\x9d\xe2\x80\x9d logo, or to purchase certain items such as\ntraveler's cheques, foreign currency, money orders, wire\ntransfers, lottery tickets, and (except as noted below) funds\nto be used for wagers or gambling (all of which are\ncollectively referred to as \xe2\x80\x9cCash Advances\xe2\x80\x9d) up to your\nCredit Limit; provided, however, you may not use your Card\n(i) to make Purchases or obtain Cash Advances for any\nillegal transaction, or (ii) for any internet or online gambling\ntransactions. Transactions for online or internet gambling\nwill not be approved. If you use your Card for any illegal or\nprohibited transaction, this Agreement also applies to such\ntransaction and you agree to pay any and all amounts\nrelated to such transaction pursuant to the terms of this\nAgreement. We may, in our sole discretion, restrict the use\nof or terminate your Card if we notice excessive use of your\nCard or other suspicious activities or if we reasonably\nbelieve the Card is or has been used for one or more illegal\nor prohibited transactions. You can also obtain a Cash\nAdvance by writing a special Mastercard check\n(\xe2\x80\x9cConvenience Check\xe2\x80\x9d). The Cash Advance will be posted\nto your Credit Card account when the Convenience Check\nreaches us. If you stop payment on a Convenience Check,\nyour Credit Card account will be charged $16.00 (or as\npermitted by law) for each stop payment. We may designate\nthat only a portion of your Credit Limit is available for Cash\nAdvances. In addition, you may request that we pay other\ncreditors on your behalf and transfer approved amounts to\nyour Account (\xe2\x80\x9cBalance Transfers\xe2\x80\x9d).\nYour Card may also be used in certain automated\nterminals to gain access to your Credit Card accounts. We\nhave no responsibility for the failure of any machine,\nmerchant, financial institution, or any other party to honor\nyour Card. Your Card and Credit Card account may be used\nonly for valid and lawful purposes. If you use or allow\nsomeone else to use the Card or Credit Card account for\nany other purpose, you will be responsible for such use and\nmay be required to reimburse us for all amounts or\nexpenses we pay as a result of such use.\n2. Credit Limit. Your Credit Limit for the Credit Card\naccount you have with us will be based on the amount\ndescribed in paragraph 21. You agree that your total\ncharges, including Purchases, Cash Advances, Balance\nTransfers, INTEREST CHARGES, and fees that may be\ndue will not exceed your Credit Limit. If you do go over your\nCredit Limit, you must repay the excess amount\nimmediately, and we may reduce the available Credit Limit\nof any other Credit Card account you have with us until such\ntime the excess amount is repaid. You may apply to\nincrease your Credit Limit at any time but we are not\nobligated to increase your Credit Limit at any time.\nFurthermore, we reserve the right to lower your Credit Limit\nat any time. For security reasons, we may limit the number\nor amount of transactions that may be accomplished with\nyour Card or Credit Card account, and we have the right to\nlimit authorizations to make transactions if we consider it\nnecessary to verify Payments received on your Credit Card\naccount. If we accept a payment from you in excess of your\nBW-SCCAG (Rev. 10/2020)\n\noutstanding balance, your available Credit Limit will not be\nincreased by the amount of the overpayment nor will we be\nrequired to authorize transactions for an amount in excess\nof your Credit Limit.\n3. Temporary Reduction of Credit Limit. Merchants,\nsuch as car rental companies and hotels, may request prior\ncredit approval from us for an estimated amount of your\nPurchases, even if you ultimately do not pay by credit. If our\napproval is granted, your available Credit Limit will\ntemporarily be reduced by the amount authorized by us. If\nyou do not ultimately use your Credit Card account to pay\nfor your Purchases or if the actual amount of Purchases\nposted to your Credit Card account varies from the\nestimated amount approved by us, it is the responsibility of\nthe merchant, not us, to cancel the prior credit approval\nbased on the estimated amount. The failure of the merchant\nto cancel a prior credit approval may result in a temporary\nreduction of your available Credit Limit, but will not increase\nthe amount you owe us under this Agreement.\n4. Agreement to Pay. When you use your Card or Credit\nCard account, or when you permit anyone to use it, you\nagree to pay the amount of any and all transactions\n(including any which may have been made in violation of this\nAgreement), and the INTEREST CHARGES, and fees that\nmay become due as shown on the periodic statement. You\nagree that we may change or cancel your Credit Card\naccount at any time without affecting your obligation to pay\nthe amounts that you owe under this Agreement.\n5. Periodic Statement. Each month we will send you a\nperiodic statement for each Credit Card account you have\nwith us covering the previous billing period. We may not\nsend you a statement if your balance is less than $1 and\nthere were no transactions during the billing period. The\nstatement will have a \xe2\x80\x9cStatement Period Date\xe2\x80\x9d, \xe2\x80\x9cStatement\nClosing Date\xe2\x80\x9d and a \xe2\x80\x9cPayment Due Date,\xe2\x80\x9d and will show,\namong other things, your \xe2\x80\x9cPrevious Balance,\xe2\x80\x9d your \xe2\x80\x9cNew\nBalance,\xe2\x80\x9d and your minimum monthly payment, which will be\nshown as \xe2\x80\x9cMinimum Payment Due.\xe2\x80\x9d\n6. Payment. You must make a payment by the \xe2\x80\x9cPayment\nDue Date.\xe2\x80\x9d You have two choices: You may pay the entire\n\xe2\x80\x9cNew Balance\xe2\x80\x9d or you may pay in installments by paying at\nleast the \xe2\x80\x9cMinimum Payment Due.\xe2\x80\x9d When your payment is\nproperly received, we will allocate your payment in a manner\nwe determine except as otherwise required by law. The\nMinimum Payment is applied first to fees, then to\nINTEREST CHARGES and finally to principal. We apply the\nMinimum Payment to balances with lower APRs, including\nintroductory APRs, before balances with higher APRs.\nPayments made in excess of the Minimum Payment will be\napplied first to balances with the highest ANNUAL\nPERCENTAGE RATE (APR) and then to each successive\nbalance bearing the next highest ANNUAL PERCENTAGE\nRATE.\nPayments must be mailed to the BankCard Center\naddress specified in your periodic statement and reach the\nBankCard Center during our regular business day by 5:00\np.m. Pacific Time for the payment to be credited the same\nbusiness day. Payments made in person at one of our\nbranches, or made by telephone, or made through our\nwebsite or another website controlled by a third party on our\nbehalf must be received by 5:00 p.m. Pacific Time to be\ncredited the same business day. Payments received after\nthe cutoff time of 5:00 p.m. Pacific Time are credited as of\nthe following business day. If you fail to properly make\npayments, crediting of such payments may be delayed and\nyou may incur late charges and additional interest as a\nresult of the delay. Even when your payment is credited to\nyour account, we may delay the availability of part or all of\nyour payment amount as credit for up to 15 days.\nIf a payment is returned to us for any reason, we may\napply a Returned Payment Fee of $27 for the first violation\nand $38 for each subsequent violation within the next six\nbilling cycles. The Returned Payment Fee for Iowa residents\n\n\x0cis $27 for the first violation and $30 for each subsequent\nviolation within the next six billing cycles. If the Returned\nPayment Fee is greater than the Minimum Payment Due,\nthe fee will be equal to the Minimum Payment Due.\nFrom time to time, we may let you skip or reduce one or\nmore monthly payments during a year and/or we may\ntemporarily reduce or eliminate certain INTEREST\nCHARGES on all or a portion of your Credit Card account\nbalance or offer you other special terms. If we do, we will\nadvise you of the scope and duration of the applicable skip\nor promotional feature. When the skip or promotional\nfeature ends, your regular rates and all the terms of the\nAgreement will resume.\n7. Minimum Payment - Late Payment Fee. At least the\namount of the \xe2\x80\x9cMinimum Payment Due\xe2\x80\x9d must be received by\nus by the \xe2\x80\x9cPayment Due Date.\xe2\x80\x9d If it is not, we may apply a\nLate Payment fee of $27 for the first violation and $38 for\neach subsequent violation within the next six billing cycles.\nThe Late Payment fee for Iowa residents is $27 for the first\nviolation and $30 for each subsequent violation within the\nnext six billing cycles. If the Late Payment fee is greater\nthan the Minimum Payment Due, the fee will be equal to the\nMinimum Payment Due. If such charge would result in an\nINTEREST CHARGE greater than the maximum allowed by\nlaw, we will only charge the maximum allowable rate. Your\nMinimum Payment Due will be 3% of the New Balance plus\nany Late Payment fee (with a minimum of the lesser of $27\nor your New Balance) and any amount over your credit limit\nand past due amount.\n8. How to Avoid Paying Interest on Purchases. There\nmay be different treatment of INTEREST CHARGES for\nPurchases, Balance Transfers, and Cash Advances, even\nthough they are computed the same way. You may avoid\npaying an INTEREST CHARGE on Purchases if we receive\nthe entire New Balance by the Payment Due Date. If we do\nnot receive the entire New Balance by the Payment Due\nDate, the INTEREST CHARGE will be charged on the\nPurchases from the date of the transaction. INTEREST\nCHARGES on all other balances, including Cash Advances\nand Balance Transfers, begin on the transaction date and\nwill be assessed even if your entire New Balance is paid by\nthe Payment Due Date.\n9. Computing Your INTEREST CHARGE. We figure the\nINTEREST CHARGE on each Credit Card account by\napplying the periodic rate to the \xe2\x80\x9cAverage Daily Balance\xe2\x80\x9d of\neach Balance Category on the Credit Card account,\nincluding current transactions. Balance Categories include\nPurchases,\nBalance\nTransfers,\nCash\nAdvances,\nIntroductory Rates and any special rate offers we may make\navailable from time to time. If you are charged interest, the\ncharge will be no less than $1.00 (the minimum interest\ncharge will appear as \xe2\x80\x9cMinimum Charge\xe2\x80\x9d in the fees section\nof your statement).\na. Average Daily Balance. To obtain the daily balance\nfor each Balance Category we take the beginning balance\neach day and add new transactions applicable to each\ncategory, and subtract any payments, credits, and refunds\napplied to the category. To figure your Average Daily\nBalance for each Balance Category, we add all your daily\nbalances and divide by the number of days in the billing\nperiod.\nb. Figuring the INTEREST CHARGE. We compute the\nINTEREST CHARGE for each Balance Category by\nmultiplying the Average Daily Balances by the applicable\nDaily Periodic Rate, and then we multiply the result by the\nnumber of days in the billing period. To determine the Daily\nPeriodic Rate for each Balance Category, we divide the\napplicable ANNUAL PERCENTAGE RATE in effect for the\nbilling period by 365 (366 for leap year). The way we get the\nANNUAL PERCENTAGE RATE for each Balance Category\ndescribed below under \xe2\x80\x9cVariable Rate.\xe2\x80\x9d\nc. Variable Rate. The current ANNUAL PERCENTAGE\nRATE for all variable rates is shown on the Account\nOpening Disclosure which has been provided to you with\nthis Agreement. The Daily Periodic Rate and the\ncorresponding ANNUAL PERCENTAGE RATE may change\neach month on the first day of each of your billing cycles.\nEach date on which the rate of interest could change is\ncalled a \xe2\x80\x9cChange Date.\xe2\x80\x9d Changes will be based on changes\nBW-SCCAG (Rev. 10/2020)\n\nin the \xe2\x80\x9cIndex.\xe2\x80\x9d The Index is the Prime Rate published in the\n\xe2\x80\x9cMoney Rates\xe2\x80\x9d table of The Wall Street Journal on the\nbusiness day immediately preceding the day your billing\ncycle ends. If the Index is no longer available, we will\nchoose a new index which is based upon comparable\ninformation and will give you notice of our choice. The\nANNUAL PERCENTAGE RATE may increase or decrease\neach month if the Index changes. Any new rate will be\napplied as of the first day of your billing cycle during which\nthe Index has changed. If the ANNUAL PERCENTAGE\nRATE increases, you will pay a higher INTEREST\nCHARGE, which may result in a higher minimum payment.\nYour interest rate for Purchases and Balance Transfers\non your Credit Card account is based on a variable rate\nequal to the sum of the Index plus a \xe2\x80\x9cRate Spread\xe2\x80\x9d of 18.74\npercentage points. The interest rate for Cash Advances on\nyour Account is based on a variable rate equal to the sum of\nthe Index plus a \xe2\x80\x9cRate Spread\xe2\x80\x9d of 21.74 percentage points.\nImmediately before each Change Date we will determine the\nnew interest rate by adding the Rate Spread to the Index.\nThe new interest rate will become effective at the start of\nyour first billing cycle after the Change Date. Only one\nANNUAL PERCENTAGE RATE and Daily Periodic Rate will\nbe in effect for each Balance Category during the billing\nperiod. The ANNUAL PERCENTAGE RATE will not exceed\nthe maximum rate permitted by law. The effect of any\nincrease in the ANNUAL PERCENTAGE RATE and the\nDaily Periodic Rate would be to increase the amount of\nINTEREST CHARGE or interest you must pay and thus\nincrease your monthly payments.\n10. Transaction Fees. You also agree to pay us the\nappropriate fees listed below (as permitted by applicable\nlaw) which may be amended from time to time by us. You\nauthorize us to charge your Credit Card account for the\nfollowing fees due to us. Balance Transfer fee: 4.00% of\neach balance transferred, $10 minimum. Cash Advance fee:\n4.00% of each Cash Advance, $10 minimum.\n11. Foreign Transaction Fee. Transactions that you\nmake in a foreign currency or that you make outside of the\nUnited States of America even if it is made in U.S. dollars\nare considered foreign transactions.\nIf you make a\ntransaction in a foreign currency it will be billed to you in\nU.S. Dollars. The conversion rate to U.S. Dollars will be\ndetermined by Visa International or Mastercard International\nin accordance with their operating regulations or conversion\nprocedures in effect at the time the transaction is\nprocessed. Currently, their regulations and procedures\nprovide that the currency conversion rate they use is either\n(1) a government-mandated rate or (2) a wholesale market\nrate, whichever is applicable, in effect one day prior to the\nprocessing date. We do not determine the currency\nconversion rate which is used. You agree to pay the\nconverted amount in U.S. funds. In addition, Visa or\nMastercard will charge us (the Bank) an international\ntransaction fee, currently equal to one percent (1.00%) of\nthe transaction amount. We will charge you the international\ntransaction fee imposed on us plus an additional two\npercent (2.00%) of the transaction amount whether that\ntransaction was originally made in U.S. dollars or was made\nin another currency and converted to U.S. dollars. These\ntwo fees will be aggregated and shown as one Foreign\nTransaction Fee on your statement.\n12. Annual Fee. We will assess an Annual Cardholder\nFee of $25 for each year your Account is open, whether or\nnot you use your Account and regardless of the number of\ncards issued on your Account. You can avoid the Annual\nCardholder Fee if you terminate your Account within 30 days\nafter the date of the periodic statement in which the Annual\ncardholder fee is posted. Otherwise, the Annual Cardholder\nfee will not be refunded in whole or in part and shall be owed\nto us by you even if your Account is subsequently changed,\nsuspended, closed or terminated for any reason.\n13. Other Fees. As allowed by law, we may charge, and\nyou agree to pay, fees for certain services or requests made\nby you, such as but not limited to: Automated Teller Machine\n(\xe2\x80\x9cATM\xe2\x80\x9d) transactions conducted at machines not operated\nby us, requests for copies of billing statements, sales drafts,\nor other records of your Account, or if you request a\nreplacement card(s). However, we will not charge fees for\n\n\x0ccopies of documents requested for a billing dispute. These\nfees may change from time to time. We will inform you of\nthe fee(s) that you will incur prior to when the applicable\nservice(s) is(are) provided or when you make the request(s),\nas applicable. You authorize us to charge your Credit Card\naccount for any such fees that you incur. We reserve the\nright to waive a fee from time to time but a waiver does not\nmean we will continue to waive such fee in the future.\n14. Interest Charges for Covered Members of the\nArmed Forces and Their Dependents: Federal law\nprovides important protections to members of the Armed\nForces and their dependents relating to extensions of\nconsumer credit. In general, the cost of consumer credit to a\nmember of the Armed Forces and his or her dependent may\nnot exceed an ANNUAL PERCENTAGE RATE of 36%. This\nrate must include, as applicable to the credit transaction or\naccount: the costs associated with credit insurance\npremiums; fees for ancillary products sold in connection with\nthe credit transaction; any application fee charged (other\nthan certain application fees for specified credit transactions\nor accounts); and any participation fee charged (other than\ncertain participation fees for a credit card account).\nIf you are a covered member of the armed forces or a\ndependent, you will not be charged annual fees, transaction\nfees, or penalty fees so that your cost may not exceed the\nMilitary Lending Act ANNUAL PERCENTAGE RATE cap.\nArmed Forces members and their dependents can hear\nabout the protections provided to them by calling 1-866-7612689 (TTY users call 1-800-659-5495).\n15. Default. We may declare the entire balance for the\nCredit Card accounts due and payable at once with or\nwithout notice or demand if any of these events (a \xe2\x80\x9cDefault\xe2\x80\x9d)\nhappens:\na. If you miss a payment under this Agreement or any\nother obligation you owe us; or\nb. If you violate any terms of this Agreement.\nIf you are in Default, we may terminate your Credit Card\naccount, make no more additional loans, and require you to\nimmediately repay the entire unpaid balance of all amounts\ndue on your Credit Card account, including but not limited to\nall loan amounts, late charges and other charges assessed\nbut not paid, and all of the INTEREST CHARGES accrued\nbut not paid. If we terminate your Credit Card account, your\nobligation to repay the amounts you already owe us would\ncontinue.\nAt our option, we may also take action short of\nterminating your Credit Card account. If we take such lesser\naction initially, we reserve the right to terminate your Credit\nCard account and accelerate all amounts due under this\nAgreement regardless of whether any additional events\nhave occurred which would permit termination and\nacceleration.\n16. Automated Terminal Services\na. Automated Terminals. You may use your Card in\nthe following automated terminals:\n(1) Any Bank of the West automated teller machines.\n(2) Any other automated teller machine that is\nparticipating in a network and accepts our Card (\xe2\x80\x9cNetwork\nATM\xe2\x80\x9d) and\n(3) Any point-of-sale terminal that accepts our Card\n(\xe2\x80\x9cPOS terminal\xe2\x80\x9d).\nb. Services Available at an Automated Terminal\n(1) You may use your Card at a Bank of the West or\nany Network ATM to:\n(a) Get a Cash Advance from your Credit Card\naccount.\n(b) Get your Credit Card account balances. These\nbalances may not include some transactions recently made\nin your Credit Card account. Some of the services described\nin subparagraphs (a) and (b) may not be available at all\nNetwork ATMs.\n(c) You may use your Card at a POS terminal to\npurchase certain merchandise. The amount of your\npurchase will automatically be charged to your Credit Card\naccount as a Purchase.\nc. Limits of Automated Terminal Services - Cash\nAdvances. You may get a Cash Advance from a Bank of\nthe West Automated Terminal up to an aggregate amount of\n$500 each calendar day, provided that this amount does not\nBW-SCCAG (Rev. 10/2020)\n\nexceed your Credit Limit. This amount may be less for Cash\nAdvances from Network ATMs.\nd. Card and Secret Code (PIN) Use. You are\nresponsible for all transactions in which you use your Card\nin an automated terminal, or the use of the Card by anyone\nelse who uses it with your permission. Security in use of the\nCard is provided by the secret code, which we will provide\nyou, and the magnetically encoded stripe on the Card.\nPlease keep the Card safe and also protect the secret code.\nUse the Card and the secret code as instructed at all times.\nPlease notify us of any mechanical or operating failure in\nconnection with the use of your Card. Do not permit anyone\nelse to use your Card and do not disclose your secret code\nor record it on the Card. The Card remains the property of\nthe Bank and can be revoked and repossessed at any time.\nYou must return it to us when asked.\ne. Fees for Using Automated Terminal Services.\nFees may be charged for transactions made at automated\nteller machines not operated by us as described in\nparagraph 13-Other Fees.\n17. Lost or Stolen Card; Your Liability for\nUnauthorized Use. Tell us AT ONCE if you believe your\nCard has been lost or stolen. Telephoning is the best way of\nkeeping your possible losses down.\nYou may be liable for the unauthorized use of your Card\nas a credit card. You will not be liable for unauthorized use\nof your Card as a credit card which occurs after you notify\nus at the telephone number or address stated in paragraph\n18, orally or in writing, of loss, theft, or possible unauthorized\nuse. In any case, your liability for unauthorized use of your\nCard as a credit card will not exceed $50.00.\n18. Where to Call or Write. If you believe your Card has\nbeen lost or stolen or that someone is using your Card or\nCredit Card account without your permission, call:\n1-800-996-2638 (for TTY call 1-800-659-5495) or write to:\nBank of the West, BankCard Security Department, PO Box\n2078 Omaha, NE 68103-2078\n19. Our Business Days. Our business days are Monday\nthrough Friday, except for bank holidays.\n20. Credit Investigation and Disclosure. You authorize\nus, both now and in the future, to check your credit and\nemployment history and to release information about our\ncredit experience with you in response to legitimate credit\ninquiries. If you believe that we have incorrect information or\nhave reported inaccurate information about you to a credit\nbureau, please call us at 1-800-996-2638 (for TTY call 1800-659-5495). As required by law, you are hereby notified\nthat a negative credit report reflecting on your credit history\nmay be submitted to a credit reporting agency if you fail to\nfulfill the terms of your credit obligations.\n21. Security Interest. This Credit Card account is\nsecured by a deposit account (\xe2\x80\x9cDeposit Account\xe2\x80\x9d) in your\nname only with Bank of the West. The amount you\ndeposited in the Deposit Account (subject to the minimum\namount required and maximum amount allowed by the\nBank) is your credit limit. The Deposit Account will be used\nas collateral to secure the obligations you incur in\nconnection with your Credit Card account. You grant the\nBank a security interest in, and assign to the Bank, all funds\nin your Deposit Account. You agree that you will be bound\nby the agreement (\xe2\x80\x9cDeposit Account Agreement\xe2\x80\x9d) for your\nDeposit Account and that your Deposit Account is subject to\nthis Agreement. You grant the Bank exclusive control over\nthe Deposit Account, the right to redeem, collect and\nwithdraw any part or the full amount of the Deposit Account\nupon any default under this Agreement or if your Credit Card\naccount is closed for any reason. The Bank may apply funds\nin the Deposit Account to pay off any balance on the Credit\nCard account if the Credit Card account is closed for any\nreason. You may not make or otherwise arrange for any\ndeposits to or withdrawals from the Deposit Account while\nthe Deposit Account secures your Credit Card account. The\nDeposit Account will not be eligible for Auto-Save or Savings\nOverdraft Protection while the Deposit Account secures your\nCredit Card Account. You provide the security interest and\nassignment as security for any and all amounts you may\nowe (including but not limited to interest, fees and charges\nwhich may accrue under your Credit Card account). The\nbalance of your Deposit Account is only refundable after\n\n\x0cyour Credit Card account is closed and all amounts owed to\nthe Bank are paid (any remaining amount you request to be\nrefunded may take up to 30 days to be returned to you).\nYou agree to pay all charges and follow all practices set\nforth in the Deposit Account Agreement for the Deposit\nAccount that secures your Credit Card account and abide by\nall future changes to the terms and charges for the Deposit\nAccount.\n22. Collection. You promise to pay all collection costs,\nincluding, without limitation, mailgram charges, reasonable\nlawyers\xe2\x80\x99 fees and court costs, as permitted by law.\n23. If There are More Than One of You. Each of you\nindividually, or all of you together, will be liable under this\nAgreement. We may collect from or sue any one of you, or\nmake any settlements or extensions with any one of you,\nwithout giving up our rights against the other. You\nunderstand that any one of you can make Purchases, get\nCash Advances, or perform Balance Transfers under this\nAgreement which will be binding upon all of you.\n24. Compliance with Law/Sanctions. You agree to\ncomply with all applicable laws and regulations, including\nthose relating to anti-bribery, anti-money laundering, the\nfight against terrorism, and sanctions (\xe2\x80\x9cSanctions\xe2\x80\x9d), that\napply to the Bank or BNP Paribas S.A. You represent that\nyou are not the target of Sanctions. You agree to hold the\nBank harmless from liability for any actions taken by the\nBank to comply with applicable laws and regulations,\nincluding Sanctions.\n25. No Waiver of Rights. If we choose to waive any of\nthe terms or conditions of this Agreement on a case-by-case\nbasis, such as by not declaring the entire balance due when\nthe minimum monthly payment has not been made on time,\nit does not mean that we have waived, or given up, our right\nto exercise any of our rights or remedies under this\nAgreement in the future. We are not required to use any\nparticular kind of demand or notice in order to collect\namounts due to us under this Agreement. No indulgence or\nacceptance by us of delinquent or partial payments\nconstitutes a waiver of our rights or of any provision of this\nAgreement. No waiver of any existing default shall be\ndeemed to waive any subsequent default.\n26. Changing Terms. We can change, add to, delete or\notherwise modify the terms of this Agreement at any time in\nany way permitted by law. We will send you a notice of\nchange at least 45 days (or as required by applicable law)\nbefore the effective date of the change. We do not have to\nsend you an advance notice of the change if it favors you,\nsuch as by reducing rates, or increasing the maximum credit\nlimit. Except in cases where we are changing terms due to\nthe Minimum Payment Due not being received within 60\ndays of the Payment Due Date, you agree that the change\nmay cover all transactions made 15 days after we mail the\nnotice. If you do not agree to the change, a method for\nrejecting the change and closing the Account will be\nprovided in the Change of Terms Notice. You agree that if\nyou use your card after the effective date of the change, this\nwill constitute your agreement with the change.\n27. Canceling this Agreement. We have the right to\ncancel this Agreement at any time by sending a notice to\nany one of you in writing. You also have the same right to\ncancel this Agreement at any time by sending us a notice in\nwriting. If this Agreement is canceled by you or us, your\nobligation is to repay amounts you already owe under this\nAgreement, and you must return your Card to us or destroy\nthe card. In either case, the Account will be closed and you\nwill no longer have access to the Account.\n28. Governing Law. This Agreement will be governed by\nthe laws of the State of Nebraska, and, as applicable,\nfederal law, regardless of where the transactions are made.\n29. Monitoring/Recording Telephone Calls. Our\nsupervisory personnel may listen to and record your\ntelephone calls to us for the purpose of monitoring and\nimproving the quality of service you receive.\n30. Severability. All other provisions of this Agreement\nshall remain in full force even if one or more provisions of\nthis Agreement are held invalid, illegal, void or\nunenforceable by any rule or law, administrative order or\njudicial decision.\n\nBW-SCCAG (Rev. 10/2020)\n\n31. Authorized User. If you elect to have an authorized\nuser, you will be liable for all transactions made by that user\non your Account. Any authorized user is not a contractually\nliable party.\n32. Our Communications with You. You agree that we,\nany of our affiliates, agents, independent contractors or\nservice providers may monitor and record telephone calls\nregarding your banking services to assure the quality of our\nservice or for other reasons. You expressly consent that we,\nany of our affiliates, agents, independent contractors or\nservice providers may use written, electronic, or verbal\nmeans, or any other medium, as permitted by law and\nincluding, but not limited to, mail and facsimile, to contact\nyou. Your consent includes, but is not limited to, contact by\nmanual calling methods, prerecorded or artificial voice\nmessages, text messages, e-mails and/or automatic\ntelephone dialing systems. You agree that we, any of our\naffiliates, agents, independent contractors or service\nproviders may contact you by using any e-mail or any\ntelephone number you provide, including a telephone\nnumber for a cellular phone or other wireless device,\nregardless of whether you incur any charges as a result.\n33. RESOLUTION OF DISPUTES BY ARBITRATION.\nPLEASE READ THIS ARBITRATION PROVISION\nCAREFULLY. EXCEPT AS OTHERWISE PROVIDED, YOU\nWAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT\nBEFORE A JUDGE OR JURY AND TO BRING OR\nPARTICIPATE\nIN\nANY\nCLASS\nOR\nOTHER\nREPRESENTATIVE ACTION.\na. Agreement to Arbitrate Disputes. Except as\notherwise provided, if you are unable to resolve a dispute\nwith us informally, you and we agree that the dispute will be\nresolved through the binding arbitration process set forth in\nthis arbitration provision upon demand by either you or us.\nb. Disputes Covered By Arbitration. Except as\notherwise provided, any dispute relating to or arising out of\nyour Account or this Agreement, including any aspect of any\nagreement governed by this Agreement, or prior or later\nversions of this Agreement, and any changes to the terms of\nthis Agreement will be subject to arbitration. Except as\nexpressly provided, all disputes are subject to arbitration no\nmatter the legal theory or remedy (damages, or injunctive or\ndeclaratory relief) sought. Disputes include (1) any\nunresolved claims concerning any services relating to your\nAccount, including, without limitation, Purchases, Balance\nTransfers, Cash Advances, INTEREST CHARGES, your\nuse of any of our banking locations or facilities, or any\nmeans you use to access your Account; (2) any claims that\narose before you and we entered into this Agreement (such\nas disputes related to advertising) and after the termination\nof this Agreement; (3) not only claims made directly by you,\nbut also made by anyone connected with you or claiming\nthrough you, such as an authorized user, a beneficiary,\nemployee, representative, agent, predecessor or successor,\nheir, assignee, or trustee in bankruptcy; (4) not only claims\nthat relate directly to us, but also our parent, affiliates,\nsuccessors, assignees, employees, and agents and claims\nfor which we may be directly or indirectly liable, even if we\nare not properly named at the time the claim is made; (5)\nclaims based on any theory of law, contract, statute,\nregulation, tort (including fraud or any intentional tort), or any\nother legal or equitable ground, and include claims made as\ncounterclaims,\ncross-claims,\nthird\nparty\nclaims,\ninterpleaders or otherwise; (6) claims made as part of a\nclass action or other representative action, being expressly\nunderstood and agreed that arbitration of such claims must\nproceed on an individual (non-class, non-representative)\nbasis; and (7) claims relating to the enforceability or\ninterpretation of this arbitration provision. A party who\ninitiates a proceeding in court may elect arbitration with\nrespect to any dispute advanced in that proceeding by any\nother party. This arbitration provision shall survive any\ntermination of this Agreement or your Account.\nc. Disputes Not Covered By Arbitration. Disputes\nfiled by you or by us individually in a small claims court are\nnot subject to arbitration if the disputes remain in such court\nand advance only as an individual claim for relief.\nd. Opt Out. You have the right to opt out of arbitration\nby sending a signed written notice stating your decision to\n\n\x0copt out of arbitration to BANK OF THE WEST at Loan\nServicing, P.O. Box 3631, Omaha, NE 68103 within 30 days\nafter the date you opened your Account (\xe2\x80\x9cAccount Open\nDate\xe2\x80\x9d).\ne. Commencing an Arbitration. The party initiating\narbitration must choose one of the following arbitration\nforums to administer arbitration under the forum\xe2\x80\x99s rules\n(except as modified by this Agreement): (i) the American\nArbitration Association (\xe2\x80\x9cAAA\xe2\x80\x9d) under AAA\xe2\x80\x99s Consumer\nArbitration Rules available at www.adr.org or 1-800-7787879; (ii) JAMS under JAMS\xe2\x80\x99 Comprehensive Arbitration\nRules & Procedures or Streamlined Arbitration Rules &\nProcedures, including JAMS\xe2\x80\x99 Consumer Minimum\nStandards (but not JAMS\xe2\x80\x99 Class Action Procedures),\navailable at www.jamsadr.com or 1-800-352-5267.\nf. Arbitration Procedure. Arbitration shall be decided\nby a single neutral arbitrator selected in accordance with\nAAA\xe2\x80\x99s or JAMS\xe2\x80\x99 rules, as applicable. The arbitrator will\ndecide the dispute in accordance with the terms of our\nagreements and applicable substantive law, including the\nFederal Arbitration Act and applicable statutes of limitation.\nThe arbitrator shall honor claims of privilege recognized at\nlaw. Except as otherwise provided, the arbitrator may award\ndamages or other relief (including injunctive relief) available\nto the individual claimant under applicable law. The\narbitrator will not have the authority to award relief to, or\nagainst, any person or entity who is not a party to the\narbitration. An award in arbitration shall determine the rights\nand obligations between the named parties only, and only\nwith respect to the dispute in arbitration and shall not have\nany bearing on the rights and obligations of any other\npersons, or on the resolution of any other dispute. The\narbitrator will take reasonable steps to protect your Account\ninformation and other proprietary or confidential information.\nAny arbitration hearing shall take place in the same city as\nthe U.S. District Court closest to your home address, unless\nthe parties agree in writing to a different location or the\narbitrator so orders. If you seek a total recovery of $10,000\nor less, you may choose whether the arbitration will be\nconducted solely on the basis of documents submitted to\nthe arbitrator, through a telephonic hearing, or by an inperson hearing in accordance with AAA\xe2\x80\x99s or JAMS\xe2\x80\x99 rules. At\nyour or our request, the arbitrator will issue a reasoned\nwritten decision sufficient to explain the essential findings\nand conclusions on which the award is based. The\narbitrator\xe2\x80\x99s award shall be final and binding, subject to\njudicial review only to the extent allowed under the Federal\nArbitration Act. You or we may seek to have the award\nvacated or confirmed and entered as a judgment in any\ncourt with jurisdiction.\ng. No Class Action or Joinder of Parties. You and we\nagree that no class action, private attorney general or other\nrepresentative claims may be pursued in arbitration and no\nsuch action may be pursued in court if either you or we elect\narbitration. Unless mutually agreed to by you and us, claims\nof two or more persons may not be joined, consolidated, or\notherwise brought together in the same arbitration (unless\nthose persons are joint account holders or beneficiaries on\nyour Account or related accounts, or parties to a single\ntransaction or related transaction).\n\nh. Public Injunctive Relief Waiver. If either you or we\nelect to arbitrate a dispute, neither you nor we will have the\nright to seek a public injunction in arbitration or in court, if\nsuch a waiver is permitted by the FAA. If any waiver of\npublic injunctive relief in this arbitration provision (as set\nforth in any part of this arbitration provision) is found to be\ninvalid or unenforceable, and that decision is not reversed\non appeal, any claim for a public injunction will be decided\nin court after all other disputes to be decided in arbitration\nunder this arbitration provision are arbitrated and the\narbitration award regarding individual relief has been\nentered in court. In no event will a claim for public\ninjunctive relief be arbitrated. As set forth in \xe2\x80\x9cSeverability\xe2\x80\x9d\nbelow, the invalidity or unenforceability of this paragraph\nwill not affect the validity or enforceability of the remainder\nof this arbitration provision.\ni. Arbitration Costs. We will pay the filing,\nadministrative and/or arbitrator\xe2\x80\x99s fees or compensation\n(\xe2\x80\x9cArbitration Fees\xe2\x80\x9d) that we are required to pay pursuant to\nthe arbitration forums\xe2\x80\x99 rules or the law. In addition, with\nrespect to Arbitration Fees that you are required to pay\nunder the arbitration forum\xe2\x80\x99s rules in connection with an\nindividual arbitration you have commenced against us, if you\nwould like us to consider paying them because you are\nunable to do so, you must first request a waiver or reduction\nof the Arbitration Fees from the arbitration forum. If the\nrequest is denied or you remain unable to pay the reduced\nArbitration Fees, we will consider paying them if we receive\na written request by you sent to Bank of the West Legal\nDepartment, 180 Montgomery Street, San Francisco,\nCalifornia 94104.\nj. Applicable Law. You and we are participating in\ntransactions that involve interstate commerce and this\narbitration provision and any resulting arbitration are\ngoverned by the Federal Arbitration Act. To the extent state\nlaw applies, the laws of the state governing your Account\nrelationship apply. No state statute pertaining to arbitration\nshall apply.\nk. Severability. Except as provided in \xe2\x80\x9dPublic Injunctive\nRelief Waiver,\xe2\x80\x9d if any part of this arbitration provision\nregarding joinder, consolidation, class actions, class\narbitrations, general public or private attorney general\nactions is found to be illegal or unenforceable, that invalid\npart shall not be severable and this entire agreement to\narbitrate disputes shall be unenforceable. If any other part of\nthis arbitration provision, including \xe2\x80\x9cPublic Injunctive Relief\nWaiver,\xe2\x80\x9d is deemed to be invalid or unenforceable, that\ninvalid part will be severed from the remainder of this\narbitration provision and the remainder of this arbitration\nprovision will be enforced.\n\nYour Billing Rights\nKeep This Notice for Future Use\nThis notice tells you about your rights and our responsibilities 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 us\nat:\nBank of the West\nBankCard Customer Service Department\nPO Box 2319\nOmaha, NE 68172-9793\nIn your letter, give us the following information:\n\xe2\x80\xa2 Account information: Your name and Credit Card\naccount number.\n\xe2\x80\xa2 Dollar amount: The dollar amount of the suspected\nerror.\nBW-SCCAG (Rev. 10/2020)\n\n\xe2\x80\xa2\n\nDescription of problem: If you think there is an error\non your bill, describe what you believe is wrong and\nwhy you believe it is a mistake.\nYou must contact us:\n\xe2\x80\xa2 Within 60 days after the error appeared on your\nstatement.\n\xe2\x80\xa2 At least 3 business days before an automated\npayment is scheduled, if you want to stop payment\non the amount you think is wrong.\nYou must notify us of any potential errors in writing [or\nelectronically]. You may call us, but if you do we are not\n\n\x0crequired to investigate any potential errors and you may\nhave to pay the amount in question.\nWhat Will Happen After We Receive Your Letter\nWhen we receive your letter, we must do two things:\n1. Within 30 days of receiving your letter, we must tell you\nthat we received your letter. We will also tell you if we have\nalready corrected the error.\n2. Within 90 days of receiving your letter, we must either\ncorrect the error or explain to you why we believe the bill is\ncorrect. While we investigate whether or not there has\nbeen an error:\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nWe cannot try to collect the amount in question, or\nreport you as delinquent on that amount.\nThe charge in question may remain on your\nstatement, and we may continue to charge you\ninterest on that amount.\nWhile you do not have to pay the amount in\nquestion, you are responsible for the remainder of\nyour balance.\nWe can apply any unpaid amount against your\ncredit limit.\n\nAfter we finish our investigation, one of two things will\nhappen:\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nIf we made a mistake: You will not have to pay the\namount in question or any interest or other fees\nrelated to that amount.\nIf we do not believe there was a mistake: You will\nhave to pay the amount in question, along with\napplicable interest and fees. We will send you a\nstatement of the amount you owe and the date\npayment is due. We may then report you as\ndelinquent if you do not pay the amount we think\nyou owe.\n\nIf you receive our explanation but still believe your bill is\nwrong, you must write to us within 10 days telling us that you\nstill refuse to pay. If you do so, we cannot report you as\ndelinquent without also reporting that you are questioning\nyour bill. We must tell you the name of anyone to whom we\nreported you as delinquent, and we must let those\norganizations know when the matter has been settled\nbetween us.\nIf we do not follow all of the rules above, you do not have\nto pay 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 in\ngood faith to correct the problem with the merchant, you\nmay 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. The purchase must have been made in your home state\nor within 100 miles of your current mailing address, and the\npurchase price must have been more than $50. (Note:\nNeither of these are necessary if your purchase was based\non an advertisement we mailed to you, or if we own the\ncompany that sold you the goods or services.)\n2. You must have used your credit card for the purchase.\nPurchases made with cash advances from an ATM or with a\ncheck that accesses your Credit Card account do not\nqualify.\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:\nBank of the West\nBankCard Customer Service Department\nPO Box 2319\nOmaha, NE 68172-9793\nBW-SCCAG (Rev. 10/2020)\n\nWhile we investigate, the same rules apply to the disputed\namount as discussed above.\nAfter 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.\nNOTICE FOR WISCONSIN RESIDENTS: Any holder of this\nCredit Card Agreement is subject to all claims and defenses\nwhich the debtor could assert against the seller of goods or\nservices obtained pursuant hereto or with the proceeds\nhereof. Recovery hereunder by the debtor shall not exceed\namounts paid by the debtor hereunder.\n\n\x0c"


b"CREDIT CARD AGREEMENT\n(Personal Accounts)\n\nBy requesting or accepting any Platinum Mastercard\xef\xa3\xa8 or\nCash Back World Mastercard\xef\xa3\xa8 account (individually or\ncollectively called \xe2\x80\x9cCredit Card account\xe2\x80\x9d or \xe2\x80\x9cAccount\xe2\x80\x9d) with\nBank of the West, you agree to be bound by all the terms of\nthis Agreement and as applicable, the Bank of the West Cash\nBack Rewards Program Rules. In this Agreement, the words\n\xe2\x80\x9cyou\xe2\x80\x9d or \xe2\x80\x9cyour\xe2\x80\x9d mean everyone who has requested or\naccepted a Credit Card account with us. The words \xe2\x80\x9cwe,\xe2\x80\x9d\n\xe2\x80\x9cus,\xe2\x80\x9d \xe2\x80\x9cour,\xe2\x80\x9d or \xe2\x80\x9cBank\xe2\x80\x9d mean Bank of the West. If you do not\naccept this Agreement or Program Rules, you must notify us\nin writing within 5 days after receipt. Use of your card or any\nfeature (including a balance transfer) of your Credit Card\nAgreement shall constitute acceptance of this Agreement\nand Program Rules.\n1. Use. Your Platinum Mastercard or Cash Back World\nMastercard (individually or collectively called \xe2\x80\x9cCard\xe2\x80\x9d) may be\nused as a credit card for purchases of goods or services from\nparticipating merchants (\xe2\x80\x9cPurchases\xe2\x80\x9d) or to get Cash\nAdvances from us or any other financial institution displaying\nthe \xe2\x80\x9cMasterCard\xe2\x80\x9d logo, or to purchase certain items such as\ntraveler's cheques, foreign currency, money orders, wire\ntransfers, lottery tickets, and (except as noted below) funds\nto be used for wagers or gambling (all of which are\ncollectively referred to as \xe2\x80\x9cCash Advances\xe2\x80\x9d) up to your Credit\nLimit; provided, however, you may not use your Card (i) to\nmake Purchases or obtain Cash Advances for any illegal\ntransaction, or (ii) for any internet or online gambling\ntransactions. Transactions for online or internet gambling will\nnot be approved. If you use your Card for any illegal or\nprohibited transaction, this Agreement also applies to such\ntransaction and you agree to pay any and all amounts related\nto such transaction pursuant to the terms of this Agreement.\nWe may, in our sole discretion, restrict the use of or terminate\nyour Card if we notice excessive use of your Card or other\nsuspicious activities or if we reasonably believe the Card is\nor has been used for one or more illegal or prohibited\ntransactions. You can also obtain a Cash Advance by writing\na special Mastercard check (\xe2\x80\x9cConvenience Check\xe2\x80\x9d). The\nCash Advance will be posted to your Credit Card account\nwhen the Convenience Check reaches us. If you stop\npayment on a Convenience Check, your Credit Card account\nwill be charged $16.00 (or as permitted by law) for each stop\npayment. We may designate that only a portion of your Credit\nLimit is available for Cash Advances. In addition, you may\nrequest that we pay other creditors on your behalf and\ntransfer approved amounts to your Account (\xe2\x80\x9cBalance\nTransfers\xe2\x80\x9d).\nYour Card may also be used in certain automated terminals\nto gain access to your Credit Card accounts. We have no\nresponsibility for the failure of any machine, merchant,\nfinancial institution, or any other party to honor your Card.\nYour Card and Credit Card account may be used only for\nvalid and lawful purposes. If you use or allow someone else\nto use the Card or Credit Card account for any other purpose,\nyou will be responsible for such use and may be required to\nreimburse us for all amounts or expenses we pay as a result\nof such use.\n2. Credit Limit. We will notify you of the Credit Limit for\neach Credit Card account you have with us. You agree that\nyour total charges, including Purchases, Cash Advances,\nBalance Transfers, INTEREST CHARGES, and fees that\nmay be due will not exceed your Credit Limit. If you do go\nover your Credit Limit, you must repay the excess amount\nimmediately, and we may reduce the available Credit Limit of\nany other Credit Card account you have with us until such\ntime the excess amount is repaid. You may apply to increase\nyour Credit Limit at any time but we are not obligated to\nincrease your Credit Limit at any time. Furthermore, we\nreserve the right to lower your Credit Limit at any time. For\nsecurity reasons, we may limit the number or amount of\ntransactions that may be accomplished with your Card or\nCredit Card account, and we have the right to limit\nauthorizations to make transactions if we consider it\nBW-CCAG (Rev. 10/2020)\n\nnecessary to verify Payments received on your Credit Card\naccount. If we accept a payment from you in excess of your\noutstanding balance, your available Credit Limit will not be\nincreased by the amount of the overpayment nor will we be\nrequired to authorize transactions for an amount in excess of\nyour Credit Limit.\n3. Temporary Reduction of Credit Limit. Merchants,\nsuch as car rental companies and hotels, may request prior\ncredit approval from us for an estimated amount of your\nPurchases, even if you ultimately do not pay by credit. If our\napproval is granted, your available Credit Limit will\ntemporarily be reduced by the amount authorized by us. If\nyou do not ultimately use your Credit Card account to pay for\nyour Purchases or if the actual amount of Purchases posted\nto your Credit Card account varies from the estimated\namount approved by us, it is the responsibility of the\nmerchant, not us, to cancel the prior credit approval based\non the estimated amount. The failure of the merchant to\ncancel a prior credit approval may result in a temporary\nreduction of your available Credit Limit, but will not increase\nthe amount you owe us under this Agreement.\n4. Agreement to Pay. When you use your Card or Credit\nCard account, or when you permit anyone to use it, you agree\nto pay the amount of any and all transactions (including any\nwhich may have been made in violation of this Agreement),\nand the INTEREST CHARGES, and fees that may become\ndue as shown on the periodic statement. You agree that we\nmay change or cancel your Credit Card account at any time\nwithout affecting your obligation to pay the amounts that you\nowe under this Agreement.\n5. Periodic Statement. Each month we will send you a\nperiodic statement for each Credit Card account you have\nwith us covering the previous billing period. We may not send\nyou a statement if your balance is less than $1 and there\nwere no transactions during the billing period. The statement\nwill have a \xe2\x80\x9cStatement Period Date\xe2\x80\x9d, \xe2\x80\x9cStatement Closing\nDate\xe2\x80\x9d and a \xe2\x80\x9cPayment Due Date,\xe2\x80\x9d and will show, among other\nthings, your \xe2\x80\x9cPrevious Balance,\xe2\x80\x9d your \xe2\x80\x9cNew Balance,\xe2\x80\x9d and\nyour minimum monthly payment, which will be shown as\n\xe2\x80\x9cMinimum Payment Due.\xe2\x80\x9d\n6. Payment. You must make a payment by the \xe2\x80\x9cPayment\nDue Date.\xe2\x80\x9d You have two choices: You may pay the entire\n\xe2\x80\x9cNew Balance\xe2\x80\x9d or you may pay in installments by paying at\nleast the \xe2\x80\x9cMinimum Payment Due.\xe2\x80\x9d When your payment is\nproperly received, we will allocate your payment in a manner\nwe determine except as otherwise required by law. The\nMinimum Payment is applied first to fees, then to INTEREST\nCHARGES and finally to principal. We apply the Minimum\nPayment to balances with lower APRs, including introductory\nAPRs, before balances with higher APRs. Payments made in\nexcess of the Minimum Payment will be applied first to\nbalances with the highest ANNUAL PERCENTAGE RATE\n(APR) and then to each successive balance bearing the next\nhighest ANNUAL PERCENTAGE RATE.\nPayments must be mailed to the BankCard Center address\nspecified in your periodic statement and reach the BankCard\nCenter during our regular business day by 5:00 p.m. Pacific\nTime for the payment to be credited the same business day.\nPayments made in person at one of our branches, or made\nby telephone, or made through our website or another\nwebsite controlled by a third party on our behalf must be\nreceived by 5:00 p.m. Pacific Time to be credited the same\nbusiness day. Payments received after the cutoff time of 5:00\np.m. Pacific Time are credited as of the following business\nday. If you fail to properly make payments, crediting of such\npayments may be delayed and you may incur late charges\nand additional interest as a result of the delay. Even when\nyour payment is credited to your Account, we may delay the\navailability of part or all of your payment amount as credit for\nup to 15 days.\nIf a payment is returned to us for any reason, we may\napply a Returned Payment Fee of $27 for the first violation\nand $38 for each subsequent violation within the next six\nbilling cycles. The Returned Payment Fee for Iowa residents\nis $27 for the first violation and $30 for each subsequent\n\n\x0cviolation within the next six billing cycles. If the Returned\nPayment Fee is greater than the Minimum Payment Due, the\nfee will be equal to the Minimum Payment Due.\nFrom time to time, we may let you skip or reduce one or\nmore monthly payments during a year and/or we may\ntemporarily reduce or eliminate certain INTEREST\nCHARGES on all or a portion of your Credit Card account\nbalance or offer you other special terms. If we do, we will\nadvise you of the scope and duration of the applicable skip\nor promotional feature. When the skip or promotional feature\nends, your regular rates and all the terms of the Agreement\nwill resume.\n7. Minimum Payment - Late Payment Fee. The \xe2\x80\x9cMinimum\nPayment Due\xe2\x80\x9d must be received by us by the \xe2\x80\x9cPayment Due\nDate.\xe2\x80\x9d If it is not, we may apply a Late Payment Fee of up to\n$27 for the first violation and up to $38 for each subsequent\nviolation within the next six billing cycles. The Late Payment\nFee for Iowa residents is up to $27 for the first violation and\nup to $30 for each subsequent violation within the next six\nbilling cycles. If such charge would result in an INTEREST\nCHARGE greater than the maximum allowed by law, we will\nonly charge the maximum allowable rate. Your Minimum\nPayment Due will be 3% of the New Balance plus any Late\nPayment Fee (with a minimum of the lesser of $27 or your\nNew Balance) and any amount over your credit limit and past\ndue amount.\n8. How to Avoid Paying Interest on Purchases. There\nmay be different treatment of INTEREST CHARGES for\nPurchases, Balance Transfers, and Cash Advances, even\nthough they are computed the same way. You may avoid\npaying an INTEREST CHARGE on Purchases if we receive\nthe entire New Balance by the Payment Due Date. If we do\nnot receive the entire New Balance by the Payment Due\nDate, the INTEREST CHARGE will be charged on the\nPurchases from the date of the transaction. INTEREST\nCHARGES on all other balances, including Cash Advances\nand Balance Transfers, begin on the transaction date and will\nbe assessed even if your entire New Balance is paid by the\nPayment Due Date.\n9. Computing Your INTEREST CHARGE. We figure the\nINTEREST CHARGE on each Credit Card account by\napplying the periodic rate to the \xe2\x80\x9cAverage Daily Balance\xe2\x80\x9d of\neach Balance Category on the Credit Card account, including\ncurrent transactions. Balance Categories include Purchases,\nBalance Transfers, Cash Advances, Introductory Rates and\nany special rate offers we may make available from time to\ntime. If you are charged interest, the charge will be no less\nthan $1.00 (the minimum interest charge will appear as\n\xe2\x80\x9cMinimum Charge\xe2\x80\x9d in the fees section of your statement).\na. Average Daily Balance. To obtain the daily balance\nfor each Balance Category we take the beginning balance\neach day and add new transactions applicable to each\ncategory, and subtract any payments, credits, and refunds\napplied to the category. To figure your Average Daily\nBalance for each Balance Category, we add all your daily\nbalances and divide by the number of days in the billing\nperiod.\nb. Figuring the INTEREST CHARGE. We compute the\nINTEREST CHARGE for each Balance Category by\nmultiplying these Average Daily Balances by the applicable\nDaily Periodic Rate, and then we multiply the result by the\nnumber of days in the billing period. To determine the Daily\nPeriodic Rate for each Balance Category, we divide the\napplicable ANNUAL PERCENTAGE RATE in effect for the\nbilling period by 365 (366 for leap year). The way we get the\nANNUAL PERCENTAGE RATE for each Balance Category\nis described below under \xe2\x80\x9cFixed Rate\xe2\x80\x9d and \xe2\x80\x9cVariable Rate.\xe2\x80\x9d\nc. Fixed Rate. Introductory ANNUAL PERCENTAGE\nRATES for Purchases, Balance Transfers or Cash Advances\nmay vary, if applicable. Please refer to your Account Opening\nDisclosures for specific introductory period and ANNUAL\nPERCENTAGE RATES associated with your Account. After\nthe Introductory Period ends, your regular ANNUAL\nPERCENTAGE RATES for Purchases, Balances Transfers\nor Cash Advances will apply.\nd. Variable Rate. The current ANNUAL PERCENTAGE\nRATE for all variable rates is shown on the Account Opening\nDisclosure which has been provided to you with this\nAgreement. The Daily Periodic Rate and the corresponding\nBW-CCAG (Rev. 10/2020)\n\nANNUAL PERCENTAGE RATE may change each month on\nthe first day of each of your billing cycles. Each date on which\nthe rate of interest could change is called a \xe2\x80\x9cChange Date.\xe2\x80\x9d\nChanges will be based on changes in the \xe2\x80\x9cIndex.\xe2\x80\x9d The Index\nis the Prime Rate published in the \xe2\x80\x9cMoney Rates\xe2\x80\x9d table of The\nWall Street Journal on the business day immediately\npreceding the day your billing cycle ends. If the Index is no\nlonger available, we will choose a new index which is based\nupon comparable information and will give you notice of our\nchoice. The ANNUAL PERCENTAGE RATE may increase or\ndecrease each month if the Index changes. Any new rate will\nbe applied as of the first day of your billing cycle during which\nthe Index has changed. If the ANNUAL PERCENTAGE\nRATE increases, you will pay a higher INTEREST CHARGE,\nwhich may result in a higher minimum payment.\nThe interest rate for Purchases and Balance Transfers\non your Platinum Credit Card account is based on a variable\nrate equal to the sum of the Index plus a \xe2\x80\x9cRate Spread\xe2\x80\x9d of\n11.74 to 19.74 percentage points, based on your\ncreditworthiness. The interest rate for Purchases (after the\nIntroductory Period) and Balance Transfers on your Cash\nBack World Credit Card account is based on a variable rate\nequal to the sum of the Index plus a \xe2\x80\x9cRate Spread\xe2\x80\x9d of 12.74\nto 19.74 percentage points, based on your creditworthiness.\nThe interest rate for Cash Advances on your Account is\nbased on a variable rate equal to the sum of the Index plus a\n\xe2\x80\x9cRate Spread\xe2\x80\x9d of 21.74 percentage points. Immediately\nbefore each Change Date we will determine the new interest\nrate by adding the Rate Spread to the Index. The new interest\nrate will become effective at the start of your first billing cycle\nafter the Change Date. Only one ANNUAL PERCENTAGE\nRATE and Daily Periodic Rate will be in effect for each\nBalance Category during the billing period. The ANNUAL\nPERCENTAGE RATE will not exceed the maximum rate\npermitted by law. The effect of any increase in the ANNUAL\nPERCENTAGE RATE and the Daily Periodic Rate would be\nto increase the amount of INTEREST CHARGE or interest\nyou must pay and thus increase your monthly payments.\n10. Transaction Fees. You also agree to pay us the\nappropriate fees listed below (as permitted by applicable law)\nwhich may be amended from time to time by us. You\nauthorize us to charge your Credit Card account for the\nfollowing fees due to us. Cash Advance fee: 4.00% of each\nCash Advance, $10 minimum. Balance Transfer fee 4.00%\nof each balance transferred, $10 minimum.\n11. Foreign Transaction Fee. Transactions that you make\nin a foreign currency or that you make outside of the United\nStates of America even if it is made in U.S. dollars are\nconsidered foreign transactions. If you make a transaction in\na foreign currency it will be billed to you in U.S. Dollars. The\nconversion rate to U.S. Dollars will be determined by\nMastercard International in accordance with their operating\nregulations or conversion procedures in effect at the time the\ntransaction is processed. Currently, their regulations and\nprocedures provide that the currency conversion rate they\nuse is either (1) a government-mandated rate or (2) a\nwholesale market rate, whichever is applicable, in effect one\nday prior to the processing date. We do not determine the\ncurrency conversion rate which is used. You agree to pay\nthe converted amount in U.S. funds. In addition, Mastercard\nwill charge us (the Bank) an international transaction fee,\ncurrently equal to one percent (1.00%) of the transaction\namount. We will charge you the international transaction fee\nimposed on us plus an additional two percent (2.00%) of the\ntransaction amount whether that transaction was originally\nmade in U.S. dollars or was made in another currency and\nconverted to U.S. dollars. These two fees will be aggregated\nand shown as one Foreign Transaction Fee on your\nstatement.\n12. Other Fees. As allowed by law, we may charge, and\nyou agree to pay, fees for certain services or requests made\nby you, such as but not limited to: Automated Teller Machine\n(\xe2\x80\x9cATM\xe2\x80\x9d) transactions conducted at machines not operated by\nus, requests for copies of billing statements, sales drafts, or\nother records of your Account, or if you request a\nreplacement card(s). However, we will not charge fees for\ncopies of documents requested for a billing dispute. These\nfees may change from time to time. We will inform you of the\nfee(s) that you will incur prior to when the applicable\n\n\x0cservice(s) is(are) provided or when you make the request(s),\nas applicable. You authorize us to charge your Credit Card\naccount for any such fees that you incurs. We reserve the\nright to waive a fee from time to time but a waiver does not\nmean we will continue to waive such fee in the future.\n13. Interest Charges for Covered Members of the\nArmed Forces and Their Dependents: Federal law\nprovides important protections to members of the Armed\nForces and their dependents relating to extensions of\nconsumer credit. In general, the cost of consumer credit to a\nmember of the Armed Forces and his or her dependent may\nnot exceed an ANNUAL PERCENTAGE RATE of 36%. This\nrate must include, as applicable to the credit transaction or\naccount: the costs associated with credit insurance\npremiums; fees for ancillary products sold in connection with\nthe credit transaction; any application fee charged (other than\ncertain application fees for specified credit transactions or\naccounts); and any participation fee charged (other than\ncertain participation fees for a credit card account).\nIf you are a covered member of the armed forces or a\ndependent, you will not be charged annual fees, transaction\nfees, or penalty fees so that your cost may not exceed the\nMilitary Lending Act ANNUAL PERCENTAGE RATE cap.\nArmed Forces members and their dependents can hear\nabout the protections provided to them by calling 1-866-7612689 (TTY users call 1-800-659-5495).\n14. Default. We may declare the entire balance for all\nCredit Card accounts due and payable at once with or without\nnotice or demand if any of these events (a \xe2\x80\x9cDefault\xe2\x80\x9d)\nhappens:\na. If you miss a payment under this Agreement or any\nother obligation you owe us; or\nb. If you violate any terms of this Agreement.\nIf you are in Default, we may terminate your Credit Card\naccount, make no more additional loans, and require you to\nimmediately repay the entire unpaid balance of all amounts\ndue on your Credit Card account, including but not limited to\nall loan amounts, late charges and other charges assessed\nbut not paid, and all of the INTEREST CHARGES accrued\nbut not paid. If we terminate your Credit Card account, your\nobligation to repay the amounts you already owe us would\ncontinue.\nAt our option, we may also take action short of\nterminating your Credit Card account. If we take such lesser\naction initially, we reserve the right to terminate your Credit\nCard account and accelerate all amounts due under this\nAgreement regardless of whether any additional events have\noccurred which would permit termination and acceleration.\n15. Automated Terminal Services\na. Automated Terminals. You may use your Card in the\nfollowing automated terminals:\n(1) Any Bank of the West automated teller machines.\n(2) Any other automated teller machine that is\nparticipating in a network and accepts our Card (\xe2\x80\x9cNetwork\nATM\xe2\x80\x9d) and\n(3) Any point-of-sale terminal that accepts our Card\n(\xe2\x80\x9cPOS terminal\xe2\x80\x9d).\nb. Services Available at an Automated Terminal\n(1) You may use your Card at a Bank of the West or\nany Network ATM to:\n(a) Get a Cash Advance from your Credit Card\naccount.\n(b) Get your Credit Card account balances. These\nbalances may not include some transactions recently made\nin your Credit Card account. Some of the services described\nin subparagraphs (a) and (b) may not be available at all\nNetwork ATMs.\n(c) You may use your Card at a POS terminal to\npurchase certain merchandise. The amount of your purchase\nwill automatically be charged to your Credit Card account as\na Purchase.\nc. Limits of Automated Terminal Services - Cash\nAdvances. You may get a Cash Advance from a Bank of the\nWest Automated Terminal up to an aggregate amount of\n$500 each calendar day, provided that this amount does not\nexceed your Credit Limit. This amount may be less for Cash\nAdvances from Network ATMs.\nd. Card and Secret Code (PIN) Use. You are\nresponsible for all transactions in which you use your Card in\nBW-CCAG (Rev. 10/2020)\n\nan automated terminal, or the use of the Card by anyone else\nwho uses it with your permission. Security in use of the Card\nis provided by the secret code, which we will provide you, and\nthe magnetically encoded stripe on the Card. Please keep\nthe Card safe and also protect the secret code. Use the Card\nand the secret code as instructed at all times. Please notify\nus of any mechanical or operating failure in connection with\nthe use of your Card. Do not permit anyone else to use your\nCard and do not disclose your secret code or record it on the\nCard. The Card remains the property of the Bank and can be\nrevoked and repossessed at any time. You must return it to\nus when asked.\ne. Fees for Using Automated Terminal Services. Fees\nmay be charged for transactions made at automated teller\nmachines not operated by us as described in paragraph 12Other Fees.\n16. Lost or Stolen Card; Your Liability for\nUnauthorized Use. Tell us AT ONCE if you believe your\nCard has been lost or stolen. Telephoning is the best way of\nkeeping your possible losses down.\nYou may be liable for the unauthorized use of your Card\nas a credit card. You will not be liable for unauthorized use of\nyour Card as a credit card which occurs after you notify us at\nthe telephone number or address stated in paragraph 17,\norally or in writing, of loss, theft, or possible unauthorized\nuse. In any case, your liability for unauthorized use of your\nCard as a credit card will not exceed $50.00.\n17. Where to Call or Write. If you believe your Card has\nbeen lost or stolen or that someone is using your Card or\nCredit Card account without your permission, call:\n1-800-996-2638 (for TTY call 1-800-659-5495) or write to:\nBank of the West, BankCard Security Department, PO Box\n2078, Omaha, NE 68103-2078.\n18. Our Business Days. Our business days are Monday\nthrough Friday, except for bank holidays.\n19. Credit Investigation and Disclosure. You authorize\nus, both now and in the future, to check your credit and\nemployment history and to release information about our\ncredit experience with you in response to legitimate credit\ninquiries. If you believe that we have incorrect information or\nhave reported inaccurate information about you to a credit\nbureau, please call us at 1-800-996-2638 (for TTY call 1-800659-5495). As required by law, you are hereby notified that\na negative credit report reflecting on your credit history may\nbe submitted to a credit reporting agency if you fail to fulfill\nthe terms of your credit obligations.\n20. Security Interest. We have no security for any\namounts which become due under this Agreement, even\nthough any other agreement you may have with us, such as\na mortgage, may provide for such a security interest, unless\nyou have given us a specific security interest in connection\nwith this Agreement, which is described on the Supplement\nattached to this Agreement.\n21. Collection. You promise to pay all collection costs,\nincluding, without limitation, mailgram charges, reasonable\nlawyers\xe2\x80\x99 fees and court costs, as permitted by law.\n22. If There are More Than One of You. Each of you\nindividually, or all of you together, will be liable under this\nAgreement. We may collect from or sue any one of you, or\nmake any settlements or extensions with any one of you,\nwithout giving up our rights against the other. You understand\nthat any one of you can make Purchases, get Cash\nAdvances, or perform Balance Transfers under this\nAgreement which will be binding upon all of you.\n23. Compliance with Laws/Sanctions. You agree to\ncomply with all applicable laws and regulations, including\nthose relating to anti-bribery, anti-money laundering, the fight\nagainst terrorism, and sanctions (\xe2\x80\x9cSanctions\xe2\x80\x9d), that apply to\nthe Bank or BNP Paribas S.A. You represent that you are not\nthe target of Sanctions. You agree to hold the Bank harmless\nfrom liability for any actions taken by the Bank to comply with\napplicable laws and regulations, including Sanctions.\n24. No Waiver of Rights. If we choose to waive any of the\nterms or conditions of this Agreement on a case-by-case\nbasis, such as by not declaring the entire balance due when\nthe minimum monthly payment has not been made on time,\nit does not mean that we have waived, or given up, our right\nto exercise any of our rights or remedies under this\nAgreement in the future. We are not required to use any\n\n\x0cparticular kind of demand or notice in order to collect\namounts due to us under this Agreement. No indulgence or\nacceptance by us of delinquent or partial payments constitute\na waiver of our rights or of any provision of this Agreement.\nNo waiver of any existing default shall be deemed to waive\nany subsequent default.\n25. Changing Terms. We can change, add to, delete or\notherwise modify the terms of this Agreement at any time in\nany way permitted by law. We will send you a notice of\nchange at least 45 days (or as required by applicable law)\nbefore the effective date of the change. We do not have to\nsend you an advance notice of the change if it favors you,\nsuch as by reducing rates, or increasing the maximum credit\nlimit. Except in cases where we are changing terms due to\nthe Minimum Payment Due not being received within 60 days\nof the Payment Due Date, you agree that the change may\ncover all transactions made 15 days after we mail the notice.\nIf you do not agree to the change, a method for rejecting the\nchange and closing the Account will be provided in the\nChange of Terms Notice. You agree that if you use your\ncard after the effective date of the change, this will constitute\nyour agreement with the change.\n26. Canceling this Agreement. We have the right to\ncancel this Agreement at any time by sending a notice to any\none of you in writing. You also have the same right to cancel\nthis Agreement at any time by sending us a notice in writing\nor calling the BankCard Center at 1-800-996-2638 (for TTY\ncall 1-800-659-5495). If this Agreement is canceled by you or\nus, your obligation is to repay amounts you already owe\nunder this Agreement. In either case, the Account will be\nclosed and you will no longer have access to the Account.\n27. Governing Law. This Agreement will be governed by\nthe laws of the State of Nebraska, and, as applicable, federal\nlaw, regardless of where the transactions are made.\n28. Monitoring/Recording Telephone Calls. Our\nsupervisory personnel may listen to and record your\ntelephone calls to us for the purpose of monitoring and\nimproving the quality of service you receive.\n29. Severability. All other provisions of this Agreement\nshall remain in full force even if one or more provisions of this\nAgreement are held invalid, illegal, void or unenforceable by\nany rule or law, administrative order or judicial decision.\n30. Authorized User. If you elect to have an authorized\nuser, you will be liable for all transactions made by that user\non your Account. Any authorized user is not a contractually\nliable party.\n31. Our Communications with You. You agree that we,\nany of our affiliates, agents, independent contractors or\nservice providers may monitor and record telephone calls\nregarding your banking services to assure the quality of our\nservice or for other reasons. You expressly consent that we,\nany of our affiliates, agents, independent contractors or\nservice providers may use written, electronic, or verbal\nmeans, or any other medium, as permitted by law and\nincluding, but not limited to, mail and facsimile, to contact\nyou. Your consent includes, but is not limited to, contact by\nmanual calling methods, prerecorded or artificial voice\nmessages, text messages, e-mails and/or automatic\ntelephone dialing systems. You agree that we, any of our\naffiliates, agents, independent contractors or service\nproviders may contact you by using any e-mail or any\ntelephone number you provide, including a telephone\nnumber for a cellular phone or other wireless device,\nregardless of whether you incur any charges as a result.\n32. RESOLUTION OF DISPUTES BY ARBITRATION.\nPLEASE READ THIS ARBITRATION PROVISION\nCAREFULLY. EXCEPT AS OTHERWISE PROVIDED, YOU\nWAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT\nBEFORE A JUDGE OR JURY AND TO BRING OR\nPARTICIPATE\nIN\nANY\nCLASS\nOR\nOTHER\nREPRESENTATIVE ACTION.\na. Agreement to Arbitrate Disputes. Except as\notherwise provided, if you are unable to resolve a dispute\nwith us informally, you and we agree that the dispute will be\nresolved through the binding arbitration process set forth in\nthis arbitration provision upon demand by either you or us.\nb. Disputes Covered By Arbitration. Except as\notherwise provided, any dispute relating to or arising out of\nyour Account or this Agreement, including any aspect of any\nBW-CCAG (Rev. 10/2020)\n\nagreement governed by this Agreement, or prior or later\nversions of this Agreement, and any changes to the terms of\nthis Agreement will be subject to arbitration. Except as\nexpressly provided, all disputes are subject to arbitration no\nmatter the legal theory or remedy (damages, or injunctive or\ndeclaratory relief) sought. Disputes include (1) any\nunresolved claims concerning any services relating to your\nAccount, including, without limitation, Purchases, Balance\nTransfers, Cash Advances, INTEREST CHARGES, your use\nof any of our banking locations or facilities, or any means you\nuse to access your Account; (2) any claims that arose before\nyou and we entered into this Agreement (such as disputes\nrelated to advertising) and after the termination of this\nAgreement; (3) not only claims made directly by you, but also\nmade by anyone connected with you or claiming through you,\nsuch as an authorized user, a beneficiary, employee,\nrepresentative, agent, predecessor or successor, heir,\nassignee, or trustee in bankruptcy; (4) not only claims that\nrelate directly to us, but also our parent, affiliates,\nsuccessors, assignees, employees, and agents and claims\nfor which we may be directly or indirectly liable, even if we\nare not properly named at the time the claim is made; (5)\nclaims based on any theory of law, contract, statute,\nregulation, tort (including fraud or any intentional tort), or any\nother legal or equitable ground, and include claims made as\ncounterclaims, cross-claims, third party claims, interpleaders\nor otherwise; (6) claims made as part of a class action or\nother representative action, being expressly understood and\nagreed that arbitration of such claims must proceed on an\nindividual (non-class, non-representative) basis; and (7)\nclaims relating to the enforceability or interpretation of this\narbitration provision. A party who initiates a proceeding in\ncourt may elect arbitration with respect to any dispute\nadvanced in that proceeding by any other party. This\narbitration provision shall survive any termination of this\nAgreement or your Account.\nc. Disputes Not Covered By Arbitration. Disputes\nfiled by you or by us individually in a small claims court are\nnot subject to arbitration if the disputes remain in such court\nand advance only as an individual claim for relief.\nd. Opt Out. You have the right to opt out of arbitration\nby sending a signed written notice stating your decision to\nopt out of arbitration to BANK OF THE WEST at Loan\nServicing, P.O. Box 3631, Omaha, NE 68103 within 30 days\nafter the date you opened your Account (\xe2\x80\x9cAccount Open\nDate\xe2\x80\x9d).\ne. Commencing an Arbitration. The party initiating\narbitration must choose one of the following arbitration\nforums to administer arbitration under the forum\xe2\x80\x99s rules\n(except as modified by this Agreement): (i) the American\nArbitration Association (\xe2\x80\x9cAAA\xe2\x80\x9d) under AAA\xe2\x80\x99s Consumer\nArbitration Rules available at www.adr.org or 1-800-7787879; (ii) JAMS under JAMS\xe2\x80\x99 Comprehensive Arbitration\nRules & Procedures or Streamlined Arbitration Rules &\nProcedures, including JAMS\xe2\x80\x99 Consumer Minimum Standards\n(but not JAMS\xe2\x80\x99 Class Action Procedures), available at\nwww.jamsadr.com or 1-800-352-5267.\nf. Arbitration Procedure. Arbitration shall be decided\nby a single neutral arbitrator selected in accordance with\nAAA\xe2\x80\x99s or JAMS\xe2\x80\x99 rules, as applicable. The arbitrator will\ndecide the dispute in accordance with the terms of our\nagreements and applicable substantive law, including the\nFederal Arbitration Act and applicable statutes of limitation.\nThe arbitrator shall honor claims of privilege recognized at\nlaw. Except as otherwise provided, the arbitrator may award\ndamages or other relief (including injunctive relief) available\nto the individual claimant under applicable law. The arbitrator\nwill not have the authority to award relief to, or against, any\nperson or entity who is not a party to the arbitration. An award\nin arbitration shall determine the rights and obligations\nbetween the named parties only, and only with respect to the\ndispute in arbitration and shall not have any bearing on the\nrights and obligations of any other persons, or on the\nresolution of any other dispute. The arbitrator will take\nreasonable steps to protect your Account information and\nother proprietary or confidential information. Any arbitration\nhearing shall take place in the same city as the U.S. District\nCourt closest to your home address, unless the parties agree\nin writing to a different location or the arbitrator so orders. If\n\n\x0cyou seek a total recovery of $10,000 or less, you may choose\nwhether the arbitration will be conducted solely on the basis\nof documents submitted to the arbitrator, through a\ntelephonic hearing, or by an in-person hearing in accordance\nwith AAA\xe2\x80\x99s or JAMS\xe2\x80\x99 rules. At your or our request, the\narbitrator will issue a reasoned written decision sufficient to\nexplain the essential findings and conclusions on which the\naward is based. The arbitrator\xe2\x80\x99s award shall be final and\nbinding, subject to judicial review only to the extent allowed\nunder the Federal Arbitration Act. You or we may seek to\nhave the award vacated or confirmed and entered as a\njudgment in any court with jurisdiction.\ng. No Class Action or Joinder of Parties. You and we\nagree that no class action, private attorney general or other\nrepresentative claims may be pursued in arbitration and no\nsuch action may be pursued in court if either you or we elect\narbitration. Unless mutually agreed to by you and us, claims\nof two or more persons may not be joined, consolidated, or\notherwise brought together in the same arbitration (unless\nthose persons are joint account holders or beneficiaries on\nyour Account or related accounts, or parties to a single\ntransaction or related transaction).\nh. Public Injunctive Relief Waiver. If either you or we\nelect to arbitrate a dispute, neither you nor we will have the\nright to seek a public injunction in arbitration or in court, if\nsuch a waiver is permitted by the FAA. If any waiver of\npublic injunctive relief in this arbitration provision (as set\nforth in any part of this arbitration provision) is found to be\ninvalid or unenforceable, and that decision is not reversed\non appeal, any claim for a public injunction will be decided\nin court after all other disputes to be decided in arbitration\nunder this arbitration provision are arbitrated and the\narbitration award regarding individual relief has been\nentered in court. In no event will a claim for public injunctive\nrelief be arbitrated. As set forth in \xe2\x80\x9cSeverability\xe2\x80\x9d below, the\ninvalidity or unenforceability of this paragraph will not affect\nthe validity or enforceability of the remainder of this\narbitration provision.\n\ni. Arbitration Costs. We will pay the filing,\nadministrative and/or arbitrator\xe2\x80\x99s fees or compensation\n(\xe2\x80\x9cArbitration Fees\xe2\x80\x9d) that we are required to pay pursuant to\nthe arbitration forums\xe2\x80\x99 rules or the law. In addition, with\nrespect to Arbitration Fees that you are required to pay under\nthe arbitration forum\xe2\x80\x99s rules in connection with an individual\narbitration you have commenced against us, if you would like\nus to consider paying them because you are unable to do so,\nyou must first request a waiver or reduction of the Arbitration\nFees from the arbitration forum. If the request is denied or\nyou remain unable to pay the reduced Arbitration Fees, we\nwill consider paying them if we receive a written request by\nyou sent to Bank of the West Legal Department, 180\nMontgomery Street, San Francisco, California 94104.\nj. Applicable Law. You and we are participating in\ntransactions that involve interstate commerce and this\narbitration provision and any resulting arbitration are\ngoverned by the Federal Arbitration Act. To the extent state\nlaw applies, the laws of the state governing your Account\nrelationship apply. No state statute pertaining to arbitration\nshall apply.\nk. Severability. Except as provided in \xe2\x80\x9dPublic Injunctive\nRelief Waiver,\xe2\x80\x9d if any part of this arbitration provision\nregarding joinder, consolidation, class actions, class\narbitrations, general public or private attorney general\nactions is found to be illegal or unenforceable, that invalid\npart shall not be severable and this entire agreement to\narbitrate disputes shall be unenforceable. If any other part of\nthis arbitration provision, including \xe2\x80\x9cPublic Injunctive Relief\nWaiver,\xe2\x80\x9d is deemed to be invalid or unenforceable, that\ninvalid part will be severed from the remainder of this\narbitration provision and the remainder of this arbitration\nprovision will be enforced.\n\nYour Billing Rights\nKeep This Notice for Future Use\nThis notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.\n\xe2\x80\xa2\n\nWhat To Do If You Find a Mistake on Your Statement\nIf you think there is an error on your statement, write to us at:\nBank of the West\nBankCard Customer Service Department\nPO Box 2319\nOmaha, NE 68172-9793\nIn your letter, give us the following information:\n\xe2\x80\xa2 Account information: Your name and Credit Card\naccount number.\n\xe2\x80\xa2 Dollar amount: The dollar amount of the suspected\nerror.\n\xe2\x80\xa2 Description of problem: If you think there is an error\non your bill, describe what you believe is wrong and\nwhy you believe it is a mistake.\nYou must contact us:\n\xe2\x80\xa2 Within 60 days after the error appeared on your\nstatement.\n\xe2\x80\xa2 At least 3 business days before an automated\npayment is scheduled, if you want to stop payment\non the amount you think is wrong.\nYou must notify us of any potential errors in writing [or\nelectronically]. You may call us, but if you do we are not\nrequired to investigate any potential errors and you may have\nto pay the amount in question.\n\nAfter we finish our investigation, one of two things will\nhappen:\n\nWhat Will Happen After We Receive Your Letter\nWhen we receive your letter, we must do two things:\n1. Within 30 days of receiving your letter, we must tell you\nthat we received your letter. We will also tell you if we have\nalready corrected the error.\n2. Within 90 days of receiving your letter, we must either\ncorrect the error or explain to you why we believe the bill is\ncorrect. While we investigate whether or not there has\nbeen an error:\n\nIf you receive our explanation but still believe your bill is\nwrong, you must write to us within 10 days telling us that you\nstill refuse to pay. If you do so, we cannot report you as\ndelinquent without also reporting that you are questioning\nyour bill. We must tell you the name of anyone to whom we\nreported you as delinquent, and we must let those\norganizations know when the matter has been settled\nbetween us.\n\nBW-CCAG (Rev. 10/2020)\n\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nWe cannot try to collect the amount in question, or\nreport you as delinquent on that amount.\nThe charge in question may remain on your\nstatement, and we may continue to charge you\ninterest on that amount.\nWhile you do not have to pay the amount in\nquestion, you are responsible for the remainder of\nyour balance.\nWe can apply any unpaid amount against your\ncredit limit.\n\nIf we made a mistake: You will not have to pay the\namount in question or any interest or other fees\nrelated to that amount.\nIf we do not believe there was a mistake: You will\nhave to pay the amount in question, along with\napplicable interest and fees. We will send you a\nstatement of the amount you owe and the date\npayment is due. We may then report you as\ndelinquent if you do not pay the amount we think\nyou owe.\n\n\x0cIf we do not follow all of the rules above, you do not have to\npay the first $50 of the amount you question even if your bill\nis 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 in\ngood faith to correct the problem with the merchant, you may\nhave the right not to pay the remaining amount due on the\npurchase.\nTo use this right, all of the following must be true:\n1. The purchase must have been made in your home state\nor within 100 miles of your current mailing address, and the\npurchase price must have been more than $50. (Note:\nNeither of these are necessary if your purchase was based\non an advertisement we mailed to you, or if we own the\ncompany that sold you the goods or services.)\n2. You must have used your credit card for the purchase.\nPurchases made with cash advances from an ATM or with a\ncheck that accesses your Credit Card account do not qualify.\n3. You must not yet have fully paid for the purchase.\nIf all of the criteria above are met and you are still\ndissatisfied with the purchase, contact us in writing at:\nBank of the West\nBankCard Customer Service Department\nPO Box 2319\nOmaha, NE 68172-9793\nWhile we investigate, the same rules apply to the disputed\namount as discussed above.\nAfter we finish our\ninvestigation, we will tell you our decision. At that point, if we\nthink you owe an amount and you do not pay, we may report\nyou as delinquent.\nNOTICE FOR WISCONSIN RESIDENTS: Any holder of this\nCredit Card Agreement is subject to all claims and defenses\nwhich the debtor could assert against the seller of goods or\nservices obtained pursuant hereto or with the proceeds\nhereof. Recovery hereunder by the debtor shall not exceed\namounts paid by the debtor hereunder.\n\nBW-CCAG (Rev. 10/2020)\n\n\x0c"