TCM Bank, N.A. Cardholder Agreement - Effective:  March 1, 2016 

This  Cardholder  Agreement  (“Agreement”),  the  card  carrier  we  send  with  your  credit  card,  the  accompanying  sheet  entitled 
“Account  Opening  Disclosure”  and  the  application  you  signed  or  otherwise  submitted  (collectively,  the  “Cardholder 
Documents”) govern the use of your TCM Bank, N.A. VISA® or MasterCard® credit card (“Card”) account (your “Account”). 
All of the Cardholder Documents are part of and are incorporated into this Agreement. By signing (including by any electronic 
or digital signature) your Card, your Account application, any accepted sales slip, or any other document in connection with the 
use of your Card or your Account, or by using your Card or allowing someone else to use it, you agree to the terms and conditions 
of this Agreement.  Please read this Agreement thoroughly and retain a copy for your records. As used in this Agreement: we, us, 
our, and similar terms mean TCM Bank, N.A., and all of its respective parents, wholly or majority owned subsidiaries, affiliates, 
predecessors,  successors,  assigns,  employees,  officers,  and  directors  (collectively,  “TCM”).  The  words  you,  yours,  and 
Cardholder mean all persons responsible for complying with this Agreement, including the applicant and any co-applicant who 
applied to open the Account and the person to whom we address Account statements. Since you asked us to open the Account, 
you are the “Primary  Cardholder,” and you will have an Account with us. You may request that we issue a Card to another 
person  and,  if  we  do,  that  person  will  be  called  an  “Additional  Cardholder”  on  your  Account  and  the  Card  will  be  an 
“Additional Card.” 

This Agreement is governed by federal law and, to the extent not preempted by federal law, by Florida law.  

Use of the Card. You may use the Card to obtain legal goods and services from any person or establishment accepting the Card 
(“Purchase(s)”), to obtain loans (“Cash Advance(s)”) from us up to the applicable limits on your Account and to take advantage of 
other features of the Card. As used in this Agreement, the term “Purchases” will include Purchases and Balance Transfers, and 
the term “Cash Advances” will include; a) Cash Advances, b) Convenience Checks, c) obtaining funds through an automated 
teller machine (ATM) or a financial institution, d) purchasing a wire transfer, money order, foreign currency, travelers cheques, 
or stored value load, or e) engaging in another similar transaction. As used in this Agreement, all amounts charged to an Account, 
which include the Annual Card fee, if any, or other fees, and any Finance Charges imposed under the Agreement, will be called 
“Charges”. Charges include (but are not limited to) any Purchase, Balance Transfer, Cash Advance or Convenience Check in 
which you have evidenced intent to incur a Charge, regardless of whether you have signed a charge form.  

You are responsible for paying all amounts charged to the Account by either you or any Additional Cardholders. You agree to 
notify us at once if the Card or any Convenience Checks we may issue on your Account are lost or stolen, or if you suspect they 
are being used without your permission. You agree to use the Account only for legal purchases of goods and services. Cards may 
not be used for gambling purposes, whether online or otherwise. If you do use your Card for illegal purposes or gambling, you 
will be in default under this Agreement and we may terminate your Account, but you still will be liable to us for all Charges relating 
to such transactions and all other transactions on your Account.  You should not use the Card after the expiration date. If you want 
to cancel your Account or any Additional Cards, you must contact us and destroy the Card or any Additional Cards. We reserve 
the right to deny authorization for any requested Charge. 

Transfers: You may not transfer your Account or any of your rights and obligations under this Agreement.  Any such transfer 
will be void. 

Additional Cards: You, as the Primary Cardholder, are responsible for all Charges on your Account. Any Additional Cards 
may be canceled by you or by us. You agree to make sure that any Additional Cards issued on your Account are used in a 
manner consistent with this Agreement. You also authorize us to discuss your Account with Additional Cardholders in the 
course of maintaining your Account. We may, in our sole discretion, pursue Additional Cardholders for payment of their own 
Charges if you fail to pay those Charges.  

Credit Limit: We have provided you a separate written notice stating the credit limit for Purchases on your account.  In addition, 
your  monthly  statements  will  show  the  amount  of  credit  available  to  you  for  Purchases  and  for  Cash  Advances  and  the 
ANNUAL PERCENTAGE RATES (APRs) for Purchases and for Cash Advances, as of the monthly statement date. You 
agree not to use the Account in any way that would make the unpaid balance of your Account exceed the applicable credit limit. 
We will not honor any Card transaction that would cause the unpaid balance of your Account to exceed applicable credit limits 
(“Over Limit Transactions”). However, if we, in our discretion, honor any Over Limit Transaction, you agree to promptly pay the 
amount that is in excess of the applicable credit limit. At our discretion, and subject to applicable law, we may increase, reduce, or 
cancel your credit line or the balance transfer portion or cash advance portion of your credit line, at any time. A change to your 
credit line does not affect your obligation to pay us. 

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Promotional Offers:  At our discretion, we may offer you a promotional ANNUAL PERCENTAGE RATE for all or a part of 
any balances or for certain types of transactions. The period of time for which the promotional rate applies may be limited. 
Any applicable promotional rate, the corresponding periodic rates, and the period of time during which it will be in effect will 
appear on the Account Opening Disclosure or be included on a promotional letter. Any promotional rate offer will be subject to 
the terms of the offer and this Agreement.  

Renewal of Cards and Cancellation: The Card will be valid within the period embossed on the Card. We will issue you renewal 
or replacement Cards before the current Card expires unless your Account is cancelled by you or by us.  

Liability for Charges and Finance Charges: You may use the Card to obtain Purchase(s) and Cash Advance(s) from us up 
to the applicable limits on your Account. You are liable to us for all Charges you make and all Charges made by holders of any 
Cards and Additional Cards issued to you. Additional Cardholders using a Primary Cardholder’s Account are not liable for 
obligations incurred by the Primary Cardholder or by other Additional Cardholders.  However, by each use of the Additional 
Card, the Additional Cardholder will be indicating his or her agreement to pay us for that transaction and related Charges if you 
fail or refuse to pay that obligation.  

Payments: Each month’s Total Minimum Payment for your Account is due by the Payment Due Date on your monthly statement. 
The Total Minimum Payment will include any amount past due. You must pay us in U.S. currency,  with a draft or a check 
drawn on a U.S. bank and payable in U.S. dollars, with a negotiable instrument payable in U.S. dollars and clearable through 
the  U.S.  banking  system,  or  with  a  telephonic  or  electronic  payment  authorization  in  U.S.  Funds.  If  we  decide  to  accept  a 
payment made in some other form, your payment will not be credited until it is converted into one of the forms described in the 
previous sentence. We may charge you any costs we incur in converting your payment. If any payment made on your Account 
is not honored for its full amount or because of an incorrect account number, we may charge your Account a Late Payment Fee 
or a Returned Check Fee to cover collection costs on that payment in addition to any other applicable fees. We may accept late 
payments, partial payments, or any payments marked as being payment in full or as being settlement of any dispute without 
losing any of our rights under this Agreement or under the law. Our acceptance of such payments does not mean we agree to 
change this Agreement in any way. You agree to pay all court costs plus all reasonable attorney’s fees if we must refer your 
Account to any attorney who is not our employee, subject to the law of your jurisdiction.  

Monthly Statement  – Total Minimum Payment: The Total Minimum Payment required is the new balance shown on your 
monthly billing statement if the amount is equal to or less than $15.00. Otherwise, it is the greater of: (A) 3.0% of the New 
Balance (rounded up to the nearest dollar), (B) $15.00, or (C) 1% of the New Balance (rounded up to the nearest dollar) plus any 
unpaid FINANCE CHARGES and unpaid fees. If applicable, the Total Minimum Payment will include any amount in excess 
of your credit limit and any amount past due. You may pay more than the Total Minimum Payment or you may pay the total New 
Balance at any time. Your Total Minimum Payment will be applied in any order at our discretion. Payments in excess of the Total 
Minimum Payment will be applied to balances with the highest APR first and then to lower rate balances in descending order of 
APRs.  

How to Avoid Payment of Finance Charges for Purchases: 

Grace Period for Purchases (including Balance Transfers):  To get a grace period on purchases, you must pay the new balance 
in full by the due date each billing period.  If you do not, you will accrue INTEREST CHARGES on all Purchases from the date 
the Purchase is posted to your Account.  The grace period is not less than 23 days.  

Grace Period for Cash Advances (including Convenience Checks and other charges defined on page 1): On Cash Advances 
there is no grace period, and FINANCE CHARGES on Cash Advances are always assessed from the day of the Cash Advance 
transaction or the first day of the billing cycle in which it is posted to your account, whichever is later, until the day we receive 
payment in full of all outstanding Cash Advances. 

Calculation of Monthly Periodic Rate:   
A.  The  Monthly  Periodic  Rates  for  Purchases  and  Cash  Advances  are  based  on  ANNUAL  PERCENTAGE  RATES  for 
Purchases and Cash Advances, respectively, which may be adjusted monthly. The Monthly Periodic Rate for Purchases and Cash 
Advances for each billing period is 1/12th of the ANNUAL PERCENTAGE RATE for Purchases and 1/12th of the ANNUAL 
PERCENTAGE RATE for Cash Advances respectively in effect for that billing period, rounded to the nearest ten thousandth 
of a percentage point.  

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B. The Account Opening Disclosure states the ANNUAL PERCENTAGE RATES applicable to your Account, subject to 
Paragraph C below. Please call us at (800) 883-0131 or write to us at TCM Bank, PO Box 31537, Tampa, FL 33633, if you did 
not receive the Account Opening Disclosure or to learn the most current ANNUAL PERCENTAGE RATES.    

C. For purposes of this Agreement, the Prime Rate used to determine your ANNUAL PERCENTAGE RATES for a billing 
period is the U.S. Prime Rate published in The Wall Street Journal on the 1st day (or if the 1st day is not a business day, the 
preceding business day) of the prior month. Your APR will increase if the Prime Rate increases. Your minimum payment and/or 
number of payments will increase if your APR increases. In the event that The Wall Street Journal ceases to be published or 
ceases to publish the Prime Rate, we may refer to the Prime Rate published in any other newspaper of general circulation in New 
York, New York, or we may substitute a similar reference rate at our sole discretion. Subject to applicable law, any balances 
transferred from another account to this Account shall be governed by the terms and conditions of this Agreement. 

Finance Charge Calculation Method and Computation of Average Daily Balance Subject to Finance Charge.  
How Will We Calculate Your Balance: We use a method called “Average Daily Balance (including new transactions).”  

• We calculate periodic rate finance charges separately for each type of balance (e.g. Purchases and Cash Advances as defined on 
Page 1). For a billing period, we figure a portion of the FINANCE CHARGE on your Account by applying the monthly Periodic 
Rate to the respective “average daily balances” of the Purchases and/or Cash Advances (including current transactions). There is a 
$1.00 minimum FINANCE CHARGE when a FINANCE CHARGE is assessed. 

• To get the average daily balance for Purchases, we take the beginning balance of Purchases on your Account each day, add any 
new Purchases, and subtract any payments or credits, non-accruing fees, and unpaid FINANCE CHARGES. This gives us the 
daily balance for Purchases. Then, we add up all the daily balances of Purchases for the billing period and divide the total by the 
number of days in the billing period. This gives us the average daily balance of Purchases.  

•  To get the average daily balance for Cash Advances, we take the beginning balance of Cash Advances on your Account each 
day, add any new Cash Advances, and subtract any payments or, non-accruing fees, and unpaid FINANCE CHARGES. This 
gives us the daily balance for Cash Advances. Then, we add up all the daily balances of Cash Advances for the billing period and 
divide the total by the number of days in the billing period. This gives us the average daily balance of Cash Advances.    

• Credits received from merchants are effective as of posting date. 

•  For FINANCE CHARGE calculation purposes, the billing period/billing cycle begins on the day after the Statement/Closing 
Date of the previous billing period, and includes the Statement/Closing Date of the current billing period. The number of days in 
the billing period may vary. 

Transaction Fee for Cash Advances: For each Cash Advance (as defined on Page 1), we add an additional Cash Advance Fee 
of either $5 or 3% of the U.S. dollar amount of the Cash Advance, whichever is greater.  There is no maximum Cash Advance 
Fee.  The Cash Advance Fee is a FINANCE CHARGE.  This Cash Advance Fee may cause the ANNUAL PERCENTAGE 
RATE on the billing statement on which the Cash Advance first appears to exceed the nominal ANNUAL PERCENTAGE 
RATE. 

Transaction Fee for Charges Made in Foreign Countries: If you incur a Charge in a foreign currency, it may be converted 
into U.S. dollars. If the foreign currency is converted into U.S. dollars, the exchange rate used to convert the currency used in 
an international transaction into the billing currency shall, in each instance, be either a rate selected by Visa or MasterCard. The 
conversion may occur after the transaction date and the conversion rate may differ from the rate of exchange in effect at the 
time of the transaction. You agree to pay the converted amount to us in U.S. dollars. In addition, if a currency conversion occurs, 
an International Transaction Fee of 1% of the U.S. dollar amount will be applied to those transactions. If the foreign transaction 
was transacted in U.S. dollars, an International Transaction Fee of 0.8% of the U.S. dollar amount will be applied to those 
transactions. The International Transaction Fee is a FINANCE CHARGE.  This International Fee may cause the ANNUAL 
PERCENTAGE RATE on the billing statement on which the Charge made in a foreign currency first appears to exceed the 
nominal ANNUAL PERCENTAGE RATE.   

Transaction Fee for Balance Transfers: You may transfer a balance from another account to this Account.  For each Balance 
Transfer, we will add an additional Balance Transfer Fee of 3% of the U.S. dollar amount of the Balance Transfer. There is no 
maximum Balance Transfer Fee. There is no Balance Transfer Fee for balance transfers made at time of initial application for 
an  Account.     The  Balance  Transfer  Fee is a  FINANCE  CHARGE.    The  Balance Transfer  Fee  may  cause  the  ANNUAL 

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PERCENTAGE RATE on the billing statement on which the Balance Transfer first appears to exceed the nominal ANNUAL 
PERCENTAGE RATE.   

Default: We may consider your Account to be in default at any time if you fail to pay us any payment when it is due, if you 
attempt  to  borrow  more  than  the applicable  limits  on  your  Account, if  your  payment  is  returned  by  your  bank  or  financial 
institution, or if you breach any other promise or obligation under this Agreement. Subject to applicable law, we also may 
consider your Account in default at any time if any statement made by you to us in connection with this credit program was 
false or misleading, if you breach any other promise or obligation under this Agreement or any other agreement that you may 
have with us or with any of our affiliates, or if we have any reason to believe you may not be creditworthy. Upon your default 
and subject to any limitations or requirements of applicable law, you agree to pay all other reasonable costs, including reasonable 
attorney’s fees, incurred by us (1) in collecting the balance due, including FINANCE CHARGES, if any, whether or not suit is 
brought against you, and (2) in protecting ourselves from any harm that we may suffer as a result of your default. We may also, 
upon your default, subject to applicable law, declare the entire amount of your obligations to us immediately due and payable 
and suspend or cancel your Account privileges.  

Delinquency  Assessments:  Your  Account  may  be  considered  delinquent if you fail to pay us at least the Total Minimum 
Payment by the Payment Due Date shown on each monthly statement. If your Account remains delinquent at the statement closing 
date, subject to applicable law, we will add a Late Payment Fee (see #4 in Fees, below). You will only be charged one Late Payment 
Fee for any monthly Total Minimum Payment which is not paid by the Payment Due Date.  

Suspension/Cancellation: In addition to any of the actions we may take under this Agreement, we may suspend or cancel your 
Account privileges at our sole option, subject to applicable law, at any time with or without cause and without giving you notice, 
including but not limited to a situation in which (1) you cease to be an account holder in good standing with respect to any other 
accounts you may have with TCM Bank, N.A., or (2) you are in default. Any such action on our part will not cancel your obligations 
to pay us the outstanding balance, Finance Charges, and other charges due on your Account under the terms of the Agreement in 
effect at the time of the cancellation or suspension of your account or as subsequently amended. You agree to pay us all such obligations 
despite any suspension or cancellation of your account.  

Fees: We may charge the following fees, subject to applicable law:  

1. ANNUAL FEE: The Account Opening Disclosure accompanying this Agreement states whether an annual fee applies to 
your account and, if so, the amount of the fee.  

2. RETURNED CHECKS: A fee of up to $35 will be charged for checks returned for insufficient funds or for an incorrect 
account number. 

3. STOP PAYMENT ORDERS: If you request us to stop payment on a Convenience Check drawn on your Account, we may 
charge your Account a fee of $29.   

4. LATE PAYMENT FEE: We will charge a late fee of up to $35. 

5. RESEARCH FEE: You agree to pay $3 for each photocopy of a sales slip you request and $4 for each duplicate copy of a 
monthly statement you request. However, we will not impose these fees if you request such items in connection with a billing error 
dispute which you have notified us of in writing.  

Insurance: If you use the Account to buy insurance, you give us permission to pay premiums for you when due. You agree to repay 
us according to the terms of this Agreement. You must tell us in writing if you no longer wish us to pay premiums for you. If your 
Account is canceled, we will stop paying the premiums for you. 

Waiver: Our failure to exercise any of our rights under this Agreement, or our waiver of our rights on any one occasion, shall not 
constitute a waiver of such rights on any other occasion.  

Consumer Reports: You authorize us and our affiliates to make whatever credit investigations we deem appropriate and to obtain 
and exchange any information we may receive from consumer reports and other sources. We may ask consumer-reporting agencies 
for consumer reports of your credit history. Upon request, we will tell you whether a consumer report was requested and the name 
and address of the agency that furnished it. As permitted by law, we may furnish information concerning your Account to consumer 
reporting agencies. If we determine that your account is past due, adverse credit information may appear on your consumer report 
and the consumer reports of any Additional Cardholders on your Account.  

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Telephone Monitoring: From time to time, we may monitor telephone calls between you or Additional Cardholders and us to 
assure the quality of our customer service.  

Benefits and Services: We reserve the right to add, modify, or delete any benefit or service offered with the Card at any time without 
notice to you.  

Change of Billing Address – Notices: You must notify us immediately of any change in your billing address. Any notice given 
by us shall be deemed to be given when deposited in the United States Mail, postage prepaid, addressed to you at the latest billing 
address shown on our records.  

Change of Rates, Fees, Terms – Assignment: We may assign Card accounts to our affiliates or to some other financial institution 
at any time. We may also change the rates, fees, and terms of this Agreement at any time, in accordance with applicable law. 
We will notify you of changes if we are required to do so by law, and you may be given the opportunity to reject those changes 
to the extent required by law or otherwise in our discretion. If you choose not to accept those changes, you may terminate this 
Agreement by notifying us in writing. However, your Account will be closed and you will remain responsible for all Charges 
made before you terminated the Agreement. 

Revocation and Voluntary Cancellation: We can revoke your right to use the Card at any time. We can do this whether or not 
you have violated this Agreement and without giving you notice. If we revoke the Card, you must return the Card to us if we 
request. Also, if a merchant that accepts Cards asks you to surrender an expired or revoked Card, you must do so. You may not 
use the Card after it has expired or after it has been revoked. If you ask us to cancel your Account, but you continue to use your 
Account after the date of cancellation, we will consider such use as your request for reinstatement of your Account. We may 
then reinstate your Account and bill you accordingly.  

Severability:    If  any  part  of  this  Agreement  conflicts  with  applicable  law,  that  law  will  control,  and  this  Agreement  will  be 
considered changed to the extent necessary to comply with that law.  If any part of this Agreement is determined by a court of valid 
jurisdiction to be invalid, the remainder of this Agreement will remain in effect. 

To Cardholders in the United States. Your Billing Rights – Keep This Notice for Future Use. This notice contains important 
information about your rights and our responsibilities under the Fair Credit Billing Act.  
What To Do If You Find a Mistake on Your Statement. If you think there is an error on your statement, write to us at:  TCM Bank, 
N.A., Customer Service, P.O. Box 31481, Tampa, FL 33631-3481.   
In your letter, give us the following information:  
  • Account information: Your name and account number.  
  • Dollar amount: The dollar amount of the suspected error.  
  • Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe  
     it is a mistake. 
You must contact us: 
  • Within 60 days after the error appeared on your statement. 
  • At least 3 business days before an automatic payment is scheduled, if you want to stop payment on the amount you think is 
wrong. 

You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential 
errors and you may have to pay the amount in question.  

What Will Happen After We Receive Your Letter. 
When we receive your letter, we must do two things: 
  1.  Within 30 days of receiving your letter, we must tell you that we received your letter.  We will also tell you if we have already 
corrected the error. 
  2.  Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. 

While we investigate whether or not there has been an error: 
  • We cannot try to collect the amount in question, or report you as delinquent on that amount. 
  • The charge in question may remain on your statement, and we may continue to charge you interest on that amount.   
  • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. 
  • We can apply any unpaid amount against your credit limit.  

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After we finish our investigation, one of two things will happen: 
  • If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.  
  • If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees.   

We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do 
not pay the amount we think you owe. 

If you receive our explanation but still believe your bill is wrong, you must write to us within ten (10) days telling us that you still 
refuse to pay.  If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must 
tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter 
has been settled between us. 

If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is 
correct.  
Your Rights If You Are Dissatisfied With Your Credit Card Purchases 
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to 
correct the problem with merchant, you may have the right not to pay the remaining amount due on the purchase.  

To use this right, all of the following must be true:  
  1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase 
price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we 
made to you, or if we own the company that sold you the goods or services.) 

  2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that 
accesses your credit card account do not qualify. 

  3. You must not yet have fully paid for the purchase. 

If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: TCM Bank, N.A., 
Customer Service, P.O. Box 31481, Tampa, FL 33631-3481.   
While we investigate, the same rules apply to the disputed amount as discussed above.  After we finish our investigation, we will 
tell you our decision.  At that point, if we think you owe an amount and do not pay, we may report you as delinquent.  

State Laws Require the Following Notices:   California Residents: A married applicant may apply for a separate account.  
After approval, each applicant shall have the right to use this account to the extent of the credit limit set by the creditor and each 
applicant may be liable for the amount extended under this account to any joint applicant.  Delaware Residents:  Service charges 
not in excess of those permitted by law will be charged on the outstanding balances from month to month.  New York Residents:  
New York residents may contact the New York State Banking Department at 1-800-518-8866 to obtain a comparative listing of 
credit card rates, fees and grace periods.  Ohio Residents:  The Ohio laws against discrimination require that all creditors make 
credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on 
each individual upon request.  The Ohio Civil Rights Commission administers compliance with this law.  Married Wisconsin 
Residents:  Your signature confirms that this loan obligation is being incurred in the interest of your marriage or family. No 
provision of any marital property agreement, unilateral statement or court decree adversely affects a creditor’s interest unless, 
prior  to  the  time  the  credit  is  granted,  the  creditor  is  furnished  a  copy  of  the  agreement,  statement  or  decree  or  has  actual 
knowledge of the adverse provision.  

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M-117245

SELECT CARD ALLIANCE AGREEMENT for MasterCard® and Visa®
Effective February 12, 2016 

This Agreement governs the terms and conditions of your Account, which is issued by Fifth 
Third Bank, Cincinnati, OH. You should retain and carefully review this entire Agreement. You 
and we agree as follows:

We give this Agreement to our cardholders when they are approved for an Account, or 
when they request it. By opening an Account and making Transactions, you agree to use 
this Account only for personal, family or household purposes and to comply with this entire 
Agreement. Unless otherwise specified, the words you, your and yours mean anyone who 
applied to us for an Account and whose application we have approved, and who uses the 
Account with your permission. The words we, our, us and Fifth Third mean Fifth Third 
Bank and its successors and assigns.

DEFINITIONS
AAA: The American Arbitration Association.
AAA Rules: The AAA Rules and Procedures.
Account: Unless the context provides otherwise, your account that you can access  

with your Select Card Alliance MasterCard or Visa credit card.

Account Statement: The periodic statement we mail to you in connection with  

your Account.

Agreement: This Select Card Alliance Agreement for MasterCard and Visa.
Applicable Law: At any time, any applicable (a) federal, state or local statutes, 
regulations, licensing requirements, regulatory bulletins or guidance, regulatory 
examinations, agreements or orders, (b) rule, regulation, restriction, requirement 
or contractual term of Visa, MasterCard or other card network, and (c) judicial or 
administrative interpretations of any of the foregoing.

APR: Annual percentage rate.
ATM: Automated teller machine.
Available Credit Limit: The difference between the balances you owe us and  

your Account credit limit.

Billing Cycle: Time periods we use to manage your Account; each Billing Cycle  

is approximately one month long.

Business Day: Monday through Friday, excluding holidays.
Card: Unless the context provides otherwise, each MasterCard and/or VISA card  

that we issue on your Account.

Cash Advance: A transaction in which you (a) use your Card to get cash from an ATM; 
(b) present your Card to any bank or other person that accepts the Card to get cash or 
cash-like equivalents (for example, money orders, traveler’s checks or other payment 
instruments) from your Account; (c) use a Convenience Check, or (d) use your Card or 
your Account number to make a person-to-person transfer conducted through the Internet 
or otherwise; or (e) quasi-cash transactions.

Claim: Any claim, dispute or controversy between you and us arising from or relating to 

this Agreement, any prior agreement that you may have had with us or the relationships 
resulting from the Agreement or any prior agreement, including the validity, enforceability 
or scope of this provision, the Agreement or any prior agreement. Claim includes claims of 
every kind and nature, including but not limited to initial claims, counterclaims, cross-claims 
and third-party claims and claims based upon contract, tort, fraud and other intentional 
torts, statute, common law and equity. The term Claim is to be given the broadest possible 
meaning and includes, by way of example and without limitation, any claim, dispute or 
controversy that arises from or relates to (a) the Account created by the Agreement or any 
prior agreement or any balances on the Account, (b) advertisements, promotions or oral 
or written statements related to the Account or the terms of financing, and (c) your use of 
the Account.

Convenience Check: A check that may be used to access your Account.
Current Billing Cycle: A Billing Cycle that just ended.
EFT: Electronic funds transfer.
FAA: Federal Arbitration Act.
Foreign Transaction: A Transaction that occurs or is submitted to us from outside  

the United States or in a foreign currency.

International Transaction Fee: A fee imposed for each Transaction outside of  

the U.S. or in a foreign currency.

MasterCard: MasterCard International.Minimum Amount Due: The minimum amount 

you must pay by the Payment  
Due Date shown on the front of your Account Statement.

Daily Periodic Rate: The periodic rate that applies to certain Transactions calculated on a 

daily basis.

New Balance: The new balance on your Account shown on the front of your  

Account Statement.

Payment Address: The remittance address indicated on the front of your  

Account Statement.

Payment Due Date: The date shown on the front of your Account Statement  

by which we must receive payment for the Billing Cycle.

PIN: Personal identification number.
POS: Point of sale.
Purchase: A purchase or lease of goods or services made with your Card or your Account.
Transaction: A Purchase or a Cash Advance.
U.S.: United States.
Visa: Visa International.
WSJ Prime Rate: The highest prime rate published in the “Money Rates” section  

of the online version of The Wall Street Journal.

HOW TO USE YOUR CARD AND ACCESS YOUR ACCOUNT
1. Card Transactions, Purchases and Cash Advances. You may use your Account 
and your Card to make a Purchase or obtain a Cash Advance by presenting your Card or your 
Account number to participating merchants and establishments where the Card is honored. 

You may also use your Card to transfer balances from other creditors, to make other 
transactions by means of balance transfer coupons or checks, or for any other transactions 
that we encourage you to make through an introductory or promotional offer, in accordance 
with the additional terms and conditions that we may offer from time to time. Unless we tell 
you otherwise, we will also treat any such balance transfer or other transaction as a Purchase. 

You agree that any debt incurred using your Account or your Card is valid, regardless  
of the purpose of the Transaction.

Purchases from a merchant that are directly convertible to cash (sometimes called “quasi-
cash” transactions), such as purchases of casino gaming chips, money orders, wire transfer 
services, travelers cheques or foreign currency, may not be permitted with your Card. You may 
not use your Card or your Account for any illegal transaction or any gambling transaction. We 
reserve the right to decline any such transaction without notice.

Unless prohibited by Applicable Law, we may, from time to time, limit the type, number and 
dollar amounts of any Transactions, even if you have sufficient available credit. We may also 
terminate or suspend your use of your Account and Card and access to your Account without 
notice unless prohibited by Applicable Law.

2. Credit Limit. We may establish an Account credit limit. You agree not to let the sum 
of all Transactions posted to your Account, plus any finance charges, fees and other charges 
provided for in this Agreement, exceed your Account credit limit as communicated to you from 
time to time. 

Your initial Account credit limit will be disclosed in the document that accompanies your Card. 
Your Account Statement may also show that only part of your Account credit limit may be 
used for Cash Advances. 

Cash Advances, including Convenience Checks and Ready Reserve transactions, are charged 
against your Cash Advance credit limit. Unless we inform you otherwise, your Cash Advance 
credit limit will be up to 50% of your total Account credit limit.

We may refuse to authorize or accept any Transaction on your Account or Card that would 
cause you to exceed your Available Credit Limit. If we, in our sole discretion, decide to 
authorize or accept a Transaction on your Account or Card that would exceed your Available 
Credit Limit, we will not be liable to you if we do. Subject to Applicable Law, we may charge 
to and deduct from your Account the amount of the Transaction and other related fees 
provided for in this Agreement. We may also request that you immediately repay us the 
amount in excess of your Available Credit Limit, suspend your Account or Card privileges and 
terminate this Agreement.

3. Convenience Checks. We may issue Convenience Checks to you, which may be used 
to access your Account. We will treat any Convenience Check issued to you that we pay as a 
Cash Advance (except for a Convenience Check issued to you as part of a promotional offer 
which, unless we tell you otherwise, will be treated as a Purchase), and we will deduct the 
amount of the Convenience Check from your Cash Advance credit limit. Each Convenience 
Check must be denominated in U.S. dollars and completed and signed by you in the same 
manner as a personal check. If we provide you with Convenience Checks for your Account, 
you may not use them to pay any amount you owe on your Account. You may not request, 
and we will not honor, a stop payment on any Convenience Check. We reserve the right to 
return any Convenience Check unpaid if (a) the amount of the Convenience Check exceeds 
your Cash Advance credit limit; (b) your Account is not in good standing or you are otherwise 
in default of this Agreement; (c) your Card or Convenience Checks have been reported 
lost or stolen or your Account may have been subject to unauthorized use; (d) you use a 
Convenience Check to pay any amount you owe on your Account; or (e) for any other reason. 
We will not be liable if we choose to return any Convenience Check unpaid.

4. Unauthorized Use. You must notify us immediately and assist us in our investigation 
if your Card is lost or stolen or you believe someone is using your Account or a Card without 
your permission. If you notice the loss or theft of your Card or a possible unauthorized use of 
your Card or Account, you should write to us immediately at: Select Card Alliance, P.O. Box 
495933, Cincinnati, OH 45249-5933 or call us at: 877-881-6018. We may still require you 
to provide notice in writing. 

5. Third-Party Claims or Defenses. We are not responsible if a third party refuses 
to accept or honor your Card or Account, even if you have sufficient available credit. Except 
as required by Applicable Law, we will not be responsible for any claim or defense you may 
have against any third party that arises out of or in connection with any Transaction with your 
Account or Card or any services or goods or other property purchased or leased using your 
Account or Card.

PAYING YOUR BILLS
6. Periodic Account Statements. Except as otherwise stated in this Agreement, we will 
send you an Account Statement. Unless you make other arrangements with us, your Account 
Statement will be mailed to you by regular mail to your address as it appears on our records.

We will send your Account Statement for each Billing Cycle at the end of which your Account 
has a debit or credit balance in excess of $1.00 or on which a finance charge has been 
imposed. Generally, you will receive 12 Account Statements each year your Account is open. 
We will not send your Account Statement if (a) we deem your Account uncollectible, (b) 
delinquency collection proceedings have been instituted, or (c) for any other reason permitted 
by Applicable Law. 

7. Payments. Your payment is due on or before the Payment Due Date shown on your 
Account Statement. You must pay at least the Minimum Amount Due shown on your Account 
Statement on a monthly basis, which will be the greater of (a) 2% of the New Balance, (b) 
0.5% of the New Balance plus total billed finance charges and any fees, or (c) $25.00.  
Any New Balance less than $25.00 is payable in full. The Minimum Amount Due shown on 
your Account Statement will also include any amount past due and any amount by which your 
Account exceeds its credit limit. You agree to make all payments by check or other negotiable 
instrument drawn on a U.S. branch of a financial institution located in the U.S. or by money 
order. Payments must be denominated in U.S. dollars. 

All payments submitted by mail, except disputed payments, must be mailed or delivered to us 
at the Payment Address. Any payments received after 5:00 p.m. Central Time on any Business 
Day will be credited on the next Business Day. Credit to your Account may be delayed for up 
to 5 days if the payment is (a) not received at the Payment Address, (b) not made in U.S. 
dollars drawn on a U.S. branch of a financial institution located in the U.S. or by money order, 
or (c) not accompanied by the top portion of your Account Statement. Delayed crediting 
may cause you to incur additional fees and finance charges. (You understand that payments 
submitted by mail may not be made, and may not be deemed received by us, at any location 
other than the Payment Address.) All credits for payments to your Account are subject to final 
payment by the institution on which the item of payment was drawn. 

Although we may post payments as of the date we receive them, your Available Credit Limit 
may not be restored for up to 10 days after we receive your payment. Payments on your 
Account that exceed the Minimum Amount Due will be allocated first to the Account balance 
with the highest APR, and then to each consecutive Account balance bearing the next highest 
APR, at the time payment is posted to your Account. Payments on your Account that do not 

exceed the Minimum Amount Due will be applied in the following order: finance charges, 
fees, the Account balance with the lowest APR, then to each consecutive Account balance 
bearing the next lowest APR at the time payment is posted to your Account.
We may, in our sole discretion, offer you the ability to make your payments on an expedited 
basis. When you authorize us to process an expedited payment to your Account, we may 
charge you a fee. The amount of the fee will be disclosed to you at the time of the payment. 
We are not responsible if your financial institution dishonors an expedited payment for any 
reason, and we will retain the fee in those circumstances.

8. Prepayment. You may pay without penalty any portion of the entire New Balance or 
more than your Minimum Amount Due before the Payment Due Date. You understand that by 
making a prepayment, the total amount you owe us will be reduced but that you must pay 
the Minimum Payment Due in successive Billing Cycles as reflected in your Account Statement.

DETERMINATION OF FINANCE CHARGES
9. Daily Periodic Rate. We determine the Daily Periodic Rate by dividing the applicable 
APR by 365. 

10. Minimum Finance Charge. If you incur finance charges in any Billing Cycle that 
total less than $1.00, the finance charge that will be charged to your Account is $1.00.

11. APR.
(a) Purchases and Cash Advances. Documents accompanying your Card, which are 
incorporated by reference into this Agreement, disclose the APR for Purchases and  
Cash Advances in effect when your Account is opened. 

Variable APR for Purchases. If the APR for Purchases is a variable rate based on the 
WSJ Prime Rate plus a margin, we will calculate the rate monthly by adding the applicable 
margin for those Transactions to the WSJ Prime Rate. (A “margin” is the percentage we add 
to the WSJ Prime Rate to calculate the APR.) This APR may vary (increase and decrease), 
but will not exceed 24.99% (corresponding Daily Periodic Rate of 0.0685%). Any increase 
or decrease in the WSJ Prime Rate will result in an increase or decrease in your Daily Periodic 
Rate and the APR, and as a result, the finance charge and the Minimum Amount Due will 
change and may result in a smaller part of your payment being applied to reduce principal. 
We determine the WSJ Prime Rate two days prior to the closing date of your Billing Cycle. 
Changes to the Daily Periodic Rate and corresponding APR for Purchases will be applied to 
your existing Account balance and to subsequent Transactions effective as of the first day of 
the Billing Cycle in which we determine the interest rate.  If The Wall Street Journal does 
not publish the prime rate, or if it changes the definition of prime rate, we may, at our sole 
discretion, substitute another index.
(b) Changes to Rates. Subject to Applicable Law, we may change the Daily Periodic Rate and 
corresponding APR for Purchases and Cash Advances if you are in default of this Agreement, 
or if we, in our sole discretion and from time to time, decide to take such action. (Please see 
the sections of this Agreement entitled “Penalty APR for Payments Late by 60 Days or More,” 
“Penalty APR for Other Default,” “Changes to this Agreement” and “Default.”)
(c) Introductory Purchase, Balance Transfer and Promotional APR Offers. At our discretion, 
we may offer you an introductory or promotional APR for all or a part of your Transactions. 
For example, we may offer you a promotional APR to encourage specific transactions, 
such as transferring balances from accounts you have with others, or an introductory APR 
for Purchases when you open an Account. The period of time for which the introductory 
or promotional APR applies may be limited. Any introductory or promotional APR offer will 
be subject to the terms of the offer and this Agreement. If applicable, we will disclose 
information regarding any introductory or promotional APRs and the period of time during 
which they are in effect in the document that accompanies your Card or in materials we 
send you about the offer after you obtain your Card. If i) we receive a Minimum Amount 
Due after its Payment Due Date; (ii) your total outstanding balance exceeds your Account 
credit limit on the closing date of a Billing Cycle; or (iii) (A) a check, similar instrument or 
electronic payment order that you have used for payment on your Account has been returned 
to us unpaid for any reason, (B) we must return a check or other instrument because it is not 
signed or is otherwise incomplete, or (C) a Convenience Check used to access your Account is 
not honored for any reason, we will, subject to Applicable Law, adjust the APR to the APR then 
in effect or the penalty APR, as applicable.  
(d) Penalty APR for Payments Late by 60 Days or More. Subject to Applicable Law, we
reserve the right to increase the APR to 24.99% (corresponding Daily Periodic Rate of
0.0685%) on all new and outstanding Account balances each time we do not receive at least
the Minimum Amount Due within 60 days of its Payment Due Date. Once you become subject 
to this penalty APR, we may change your APR for outstanding balances back to the respective 

APRs in effect for your Account (not including any promotional APR), but only if you bring your 
Account current and then, for six (6) consecutive Billing Cycles, you pay at least the Minimum 
Amount Due by the Payment Due Date. Any other variable or non-variable APR that would 
otherwise apply to new and outstanding Account balances will change to this penalty APR.
(e) Penalty APR for Other Default. Subject to Applicable Law, we reserve the right to
increase the APR to 24.99% (corresponding Daily Periodic Rate of 0.0685%) on all new
Transactions on your Account that occur more than 14 days after we send you notice of the
increased APR each time (i) we receive a Minimum Amount Due after its Payment Due Date
but before 60 days after its Payment Due Date. Once you become subject to this penalty APR, 
we may change your APR back to the respective APRs in effect for your Account (not including
any promotional APR), but only if you bring your Account current (if applicable), and then for
six (6) consecutive Billing Cycles, you pay at least the Minimum Amount Due by the Payment
Due Date. Any other variable or non-variable APR that would otherwise apply to new Account 
balances will change to this penalty APR.

12. Balance Subject to Finance Charge and Finance Charges.
(a) Balance Subject to Finance Charge. We will treat all fees (excluding Cash Advance fees) 
as Purchases for the purpose of computing the average daily balance for Purchases. We 
will treat Cash Advance fees as Cash Advances for the purpose of computing the average 
daily balance for Cash Advances. We calculate the balances of Purchases that are subject to 
a finance charge separately, based on the average daily balance of those Purchases in the 
Current Billing Cycle. We calculate the balance of Cash Advances that is subject to a finance 
charge separately, based on the average daily balance of those Cash Advances in the Current 
Billing Cycle. To determine the average daily balance for each type of Transaction (that 
is, Purchases and Cash Advances) during the Current Billing Cycle, we take the beginning 
balance of each type of Transaction each day, add any new Transactions of that type, and 
subtract any payments or credits applied to that type of Transaction that day. This gives us 
the daily balance for that type of Transaction. The daily balance for each type of Transaction 
is considered to be $0 for any day on which those portions of your Account have a credit 
balance. Then, we add all of the daily balances for the Current Billing Cycle and divide the 
total by the number of days in the Current Billing Cycle. This gives us an average daily balance 
of each type of Transaction for your Current Billing Cycle.
(b) Finance Charges. No finance charges (other than International Transaction Fees) will be 
imposed on Purchases if you pay in full the New Balance shown on the Account Statement for 
your Current Billing Cycle by the Payment Due Date. If you have not done so, a finance charge 
will accrue from the transaction date on Purchases at the applicable APR for Purchases until 
the date payment in full is posted to your Account.

Billing Cycles. In any event, the late payment fee will not be greater than your Minimum 
Amount Due for the Billing Cycle for which your payment was late.
International Transaction Fee. There is a finance charge in the form of a transaction 
fee equal to 3% of the U.S. dollar amount of each Foreign Transaction.  
This fee will be in addition to any other applicable transaction fees.
Expedited Card Delivery Fee. Subject to Applicable Law, we will charge a delivery fee 
of $30 per Account if delivery of your Card is expedited.
Expedited Phone Payment. Subject to Applicable Law, we will assess a fee  
of $9.95 for expedited payments taken over the phone.
Replacement Card Fee. We will assess a replacement card fee of $10 if we replace your 
Card at your request.
Convenience Check Fee. Unless your offer indicates otherwise, we will assess a finance 
charge in the form of a convenience check fee equal to 4% of the total dollar amount of 
each convenience check used.
Documentation Fee. We will provide copies of billing statements, sales drafts and 
payment instruments (“Items”) to you upon request. We will impose a fee of $5 for each 
copy of an Item unless prohibited by Applicable Law. We will not impose any fee if your 
request is made in connection with notice of a billing error.
Other Fees. We may institute a standard charge or charges for the issuance, reissuance or 
use of the Card or for the reinstatement of any Card or Account privileges which have been 
suspended, as well as an annual fee and per item fee for each Transaction, and you agree to 
pay us such charges and fees.

14. Foreign Currency Transactions. If a Transaction is made in a foreign currency, 
we and MasterCard or Visa, depending on which Card is used, will convert the Transaction 
into a U.S. dollar amount. MasterCard and Visa will act in accordance with their operating 
regulations or conversion procedures in effect at the time the Transaction is processed. 
Currently, their regulations and procedures provide that the currency conversion rate used is 
either: (1) a wholesale market rate, or (2) a government-mandated rate in effect one day 
prior to the processing date. The currency conversion rate calculated in this manner that is in 
effect on the processing date may differ from the rate in effect on the transaction date or the 
posting date.

15. Billing Errors. A statement of your right to dispute billing errors appears below.

YOUR BILLING RIGHTS – KEEP THIS NOTICE FOR FUTURE USE

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

A finance charge will be imposed on Cash Advances from the Transaction date and included in 
the average daily balance of Cash Advances at the applicable APR for Cash Advances until the 
date payment in full is posted to your Account. There is no grace period or time period within 
which to pay and avoid a finance charge on Cash Advances.

What To Do If You Find a Mistake on Your Statement. 
If you think there is an error on your statement, write to us at: 
Select Card Alliance, P.O. Box 495933, Cincinnati, OH 45249-5933

The total finance charge for a Billing Cycle is the sum of the finance charges for Purchases and 
Cash Advances. To compute the periodic rate portion of finance charges for your Current Billing 
Cycle, we multiply the average daily balance of each type of your Transactions in the Current 
Billing Cycle by the applicable Daily Periodic Rates for that cycle and multiply this number 
by the number of days in the Current Billing Cycle. Fees for Cash Advances and International 
Transactions, if any, are added to and included in the total finance charges for your Current 
Billing Cycle.

13. Fees.
Balance Transfer Fee. Unless your offer indicates otherwise, we will assess a finance 
charge in the form of a balance transfer fee equal to 4% of the total dollar amount of the
balance you are transferring from another account to your Account.
Annual/Monthly Fee. Certain cards may have an annual or monthly fee. If your Card has 
one of these fees, the amount of this fee is disclosed in the application for your Account and 
also will be disclosed in the document that accompanies your Card. This fee is assessed for the 
use of the Account and associated services, and for (i) Annual Fees, will be identified as a fee 
on your Account Statement in the first Billing Cycle after you open your Account and annually 
thereafter, and (ii) Monthly Fees, will be identified as a fee on your Account Statement each 
month.
Cash Advance Fee. We will assess a finance charge in the form of a Cash Advance fee 
equal to the greater of $5 or 4% of the total dollar amount advanced for each Cash Advance 
on your Account.
Late Payment Fee. If we do not receive the Minimum Amount Due by the Payment Due 
Date, there is a late payment fee of $25. Any subsequent late fees will be $35 until you 
make your required Minimum Amount Due by the Payment Due Date for six consecutive 

Ensure you give us the following information when contacting us:
•  Account Information: Your name and Account number.
•  Dollar amount: The dollar amount of the suspected error.
•  Description of Problem: If you think there is an error on your bill, describe what you believe 

is wrong and why you believe it is a mistake.

You must contact us:
•  Within 60 days after the error appeared on your statement.
•  At least 3 Business Days before an automated payment is scheduled, if you want  

to stop payment on the amount you think is wrong.

You must notify us of any potential errors in writing. You may call us, but if you do, we are 
not required to investigate any potential errors and you may have to pay the amount in 
question.

What Will Happen After We Receive Your Letter. 
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you that we received your letter. We 

will also tell you if we have already corrected the error.

2. Within 90 days of receiving your letter, we must either correct the error or explain to you 

why we believe the bill is correct.

While we investigate whether or not there has been an error:
• We cannot try to collect the amount in question, or report you as delinquent on  

that amount.

•  The charge in question may remain on your statement, and we may continue to charge 

you interest on that amount.

•  While you do not have to pay the amount in question, you are responsible for the 

remainder of your balance.

•  We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
•  If we made a mistake: You will not have to pay the amount in question or any interest or 

other fees related to that amount.

•  If we do not believe there was a mistake: You will have to pay the amount in question, 
along with applicable interest and fees. We will send you a statement of the amount you 
owe and the date payment is due. We may then report you as delinquent if you do not 
pay the amount we think you owe.

If you receive our explanation but still believe your bill is wrong, you must write to us 
within 10 days telling us that you still refuse to pay. If you do so, we cannot report you 
as delinquent without also reporting that you are questioning your bill. We must tell you 
the name of anyone to whom we reported you as delinquent, and we must let those 
organizations know when the matter has been settled between us. If we do not follow all of 
the rules above, you do not have to pay the first $50 of the amount you question, even if 
your bill is correct.

Your Rights If You Are Dissatisfied With Your Card Purchase. If you are dissatisfied with the 
goods or services that you have purchased with your Card, and you have tried in good faith 
to correct the problem with the merchant, you may have the right not to pay the remaining 
amount due on the Purchase. To use this right, all of the following must be true:
1. The Purchase must have been made in your home state or within 100 miles of your current 
mailing address, and the Purchase price must have been more than $50. (Note: Neither of 
these are necessary if your purchase was based on an advertisement we mailed to you, or 
if we own the company that sold you the  
goods or services.)

2. You must have used your Card for the Purchase. Purchases made with Cash Advances from 

an ATM do not qualify.

3. You must not yet have fully paid for the Purchase. If all of the criteria above are met and 
you are still dissatisfied with the Purchase, contact us in writing at: Select Card Alliance, 
P.O. Box 495933, Cincinnati, OH 45249-5933.

While we investigate, the same rules apply to the disputed amount as discussed above. After 
we finish our investigation, we will tell you our decision. At that point, if we think you owe us 
an amount and you do not pay, we may report you as delinquent.    

GENERAL PROVISIONS
16. Accepting this Agreement. This Agreement will be effective on either the date you 
sign or otherwise submit an application for the Account that we approve or the date you use, 
or someone you authorized uses, the Card or the Account, whichever is earlier. You agree that 
by using the Account or the Card, signing an Account application or other Account document 
or otherwise accepting the Account or the Card, you accept the terms and conditions of this 
Agreement.

17. Promise to Pay. By using your Card or your Account, you promise to pay us for all 
Transactions made on your Account, as well as any fees, finance charges or other charges. If 
this is a joint account, each of you, together and individually, is responsible for all amounts 
owed, even if only one of you uses the Account.

18. Your Responsibility. You are responsible for all Transactions and other amounts 
posted to your Account arising from the authorized use of your Account or Card. If you 
have authorized another person to use your Account or Card in any way, we will deem 
your authorization to include the authorization to make Transactions of any kind using your 
Account or Card and to incur related fees and charges. We will also deem your authorization 
to continue until you revoke it by preventing that person from using your Account or Card. We 
are not responsible for controlling any person whom you have asked us to add to your Account 
or someone you let use your Account or Card. You should think carefully before allowing 
anyone to become an authorized user on your Account because you are allowing that person 
to use the Account as you can. If you wish to remove that person’s ability to use your Account 
or Card, you must notify us in writing. This notice will not be effective until we receive and 
have had a reasonable opportunity to act on it.

OUR RIGHTS AND HOW THEY AFFECT YOU
19. Delays in Enforcement. We can delay enforcing or not enforce any of our rights 
under this Agreement without losing our right to enforce them in the future. For example, 
we may accept late payments or payments that are marked “payment in full” or with other 
restrictive endorsements without losing any of our rights under this Agreement.

20. Termination. Subject to Applicable Law, we may terminate this Agreement or revoke 
your right to use your Account or Card, along with your right to make future Transactions, at 
any time and for any reason without notice to you. You or anyone you authorized to use the 
Card or Account may terminate your Account and use of your Card at any time by calling us 
at 877-881-6018, or writing to us at Select Card Alliance, P.O. Box 495933, Cincinnati, OH 
45249-5933. Any request to terminate your Account will be effective after we have had a 
reasonable opportunity to act on such request. The termination of this Agreement, whether 
initiated by us or you, will not affect any of your or our rights and obligations under this 
Agreement. If this Agreement is terminated, you must still repay any amounts you owe us, 
even if we allow a Transaction to be completed with your Account or Card after this Agreement 
has been terminated. You agree to give to us or to destroy all of the Cards issued on your 
Account when we ask you to or when this Agreement is terminated. If someone attempts to 
use a Card after this Agreement is terminated, the Card may be retained. A Card also may be 
retained when you try to use it when certain other events occur.

21. Default. Subject to Applicable Law, your Account will be in default under this 
Agreement if any one of the following occurs: (a) you become generally unable to pay your 
debts, (b) you die or are declared legally incompetent, (c) you use a check or instrument 
for payment that is dishonored, (d) you fail to pay the Minimum Amount Due on or before 
your Payment Due Date, (e) any other creditor tries by legal process to take money of yours 
in our possession, (f) a petition is filed or other proceeding is commenced by or against you 
under the federal bankruptcy act or any other applicable federal or state insolvency laws, 
(g) you provide us with any false or misleading information, (h) you breach any of your 
other obligations under this Agreement, (i) you exceed your Account credit limit, (j) you are 
in default of any other credit agreement you have with us or any of our affiliates, or (k) we 
believe in good faith that you may not pay or perform your obligations under this Agreement. 
The payment of any fee charged by us will not cure the default that caused the fee.

22. Our Additional Rights When You Are in Default. If your Account is in default 
under this Agreement, we may, subject to Applicable Law, (a) require you to pay any portion 
of your outstanding Account balance immediately, (b) allow you to repay your Account subject 
to the terms and conditions of this Agreement, (c) immediately terminate your Account 
and cancel all Cards, (d) reduce your Account credit limit or otherwise limit your ability to 
make Transactions as discussed in this Agreement, (e) commence a legal proceeding against 
you to collect all amounts owed in connection with this Agreement, or (f) increase the APR 
for Purchases and Cash Advances. We also may charge you court costs and reasonable 
attorneys’ fees that we actually incur, as permitted by Applicable Law, if your Account is sent 
for collection to an attorney who is not our salaried employee. We will not be obligated to 
honor any attempted use of your Card or your Account if your Account is in default, or we 
have decided to terminate your Account or limit your ability to make Transactions as discussed 
in this Agreement. Except as otherwise provided for in this Agreement, finance charges will 
continue to accrue at the APR in effect at the time of default until your total Account balance, 
including such accrued finance charges, is paid in full. You agree that, subject to Applicable 
Law, if your Account is in default under this Agreement, you will accept calls from us at your 
home and your place of business regarding collection of your Account. You understand and 
agree that the calls to your home may be automatically dialed and a recorded message may 
be played. You agree such calls will not be considered “unsolicited” calls or telemarketing 
calls for purposes of state or federal law.

23. Reevaluation of Financial Condition and Credit History. We may reevaluate 
your financial condition and investigate any information you provided on your Account 
application at any time. In the course of doing so, we may obtain a current credit report and 
ask you for additional information about your financial condition by completing a Personal 
Financial Statement or such other form that we request from time to time. You give us 
your permission to obtain any information about you that we believe would be beneficial to 
facilitate our determination of your eligibility for the Account and Cards, including credit reports 
from consumer reporting agencies. We May, as a result of any such re-evaluation, (i) increase 
your credit line; (ii) decrease your credit line; (iii) or deem your account to be in default.

24. Communicating With You; Consent To Contact By Electronic And Other 
Means. To the extent permitted by applicable law, you consent that we may contact you 
at any telephone number that you have provided or any number we have for you in our 
records, including your cellular or other wireless device to service your account or for collection 
purposes. We have your permission to contact you by any means available, including by text 
message. You also agree that we may contact you using prerecorded messages or automatic 
dialers. When we use the words “we” and “us” in this paragraph, we are also referring to our 
affiliates, agents and service providers. If you give us an email address, you also consent to 
our contacting you by email. 

25. Telephone Monitoring and Recording. You acknowledge that your telephone 
calls and other communications you provide to us may be monitored and recorded for training 
and quality control purposes. You agree that we may monitor, record, retain and reproduce 
your telephone calls and any other communications you provide to us, regardless of how 
transmitted to us, as evidence of your authorization to act in connection with any Transaction, 
your Account or other service contemplated by this Agreement.  We will not be liable for any 
losses or damages that are incurred as a result of these actions. We are not, however, under 
any obligation to monitor, record, retain or reproduce such items, unless required to do so by 
Applicable Law.

26. Arbitration. You and we each agree that any Claim will be arbitrated instead of 
litigated in court under the circumstances and procedures set forth below. Any Claim will 
be resolved upon the election of arbitration by you or us pursuant to this provision and the 
American Arbitration Association (AAA) Rules in effect at the time the Claim is filed. (If for any 
reason the AAA is unable or unwilling or ceases to serve as arbitration administrator, another 
nationally recognized arbitration organization utilizing similar rules and procedures will be 
substituted by us.) With respect to Claims covered by this provision, a party who has asserted 
a Claim in a lawsuit in court may elect arbitration with respect to any Claim subsequently 
asserted in that lawsuit by any other party or parties. IF ARBITRATION IS CHOSEN BY 
ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO 
LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN 
PREARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE AAA RULES. FURTHER, YOU 
WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY 
CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET 
FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER 
RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN 
ARBITRATION.

The AAA Rules and forms of the AAA may be obtained by calling 800-778-7879 or by visiting 
the AAA’s Web site at www.adr.org. All Claims must be filed at any AAA office.

There will be no authority for any Claims to be arbitrated on a class action basis. Any 
arbitration hearing that you attend will take place in the federal judicial district in which you 
reside. At your written request, we will temporarily advance up to $500 towards the filing, 
administrative and/or hearing fees for any Claim that you may file against us after you 
have paid an amount equivalent to the fee, if any, for filing such a Claim in state or federal 
court (whichever is less) in the judicial district in which you reside. At the conclusion of the 
arbitration, the arbitrator will decide who will ultimately be responsible for paying the filing, 
administrative and/or hearing fees in connection with the arbitration. Unless inconsistent 
with Applicable Law, each party will bear the expense of that party’s attorneys’, experts’ and 
witness fees, regardless of which party prevails in the arbitration.

This provision is made pursuant to a transaction involving interstate commerce and will be 
governed by the Federal Arbitration Act (FAA), 9 U. S. C. §§ 1 et seq., as amended. The 
arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes 
of limitations and will honor claims of privilege recognized at law. Judgment upon the award 
rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s 
decision will be final and binding, except for any right of appeal provided by the FAA and 
except that, if the amount in controversy exceeds $100,000, any party can appeal the award 
to a three-arbitrator panel administered by the AAA, which will reconsider de novo any aspect 
of the initial award requested by the appealing party. The decision of the panel will be by 
majority vote. The costs of such an appeal will be borne by the appealing party regardless of 
the outcome of the appeal.

As solely used in this provision, the terms we and us will for all purposes mean Fifth Third 
Bank, all of its parents, wholly- or majority-owned subsidiaries, affiliates, predecessors, 
successors and assigns, and all of their independent contractors, agents, employees, directors 
and representatives.

This provision will survive termination of your Account, as well as the repayment of all 
outstanding amounts incurred in connection with this Agreement. If any portion of this 
provision is deemed invalid or unenforceable under any law or statute consistent with the FAA, 
it will not invalidate the remaining portions of this arbitration provision or the Agreement. In 
the event of a conflict or inconsistency between the AAA Rules and this arbitration provision, 
this provision will govern.

27. Changes to this Agreement. Subject to Applicable Law, we can change this 
Agreement at any time, regardless of whether you have access to your Account, by adding, 
deleting or modifying any provision (including increasing any rate of finance charge, 
increasing or adding fees or charges (including annual fees), changing the method of 
computing balances subject to finance charge, changing your Account credit limit, changing 
the date upon which finance charges begin to accrue, changing the Minimum Amount Due 
or limiting the number or amount of Transactions on your Account). Any such changes will 
generally be effective immediately unless we are required by Applicable Law to provide you 
with advance written notice of the proposed changes. If this is the case, those changes will be 
effective immediately following the effective date stated in the notice. Subject to Applicable 
Law, any such changes will apply to your outstanding Account balance on the effective date 
of the change and to any future balances created after that date. If we give you the right to 
reject a change (whether because it is required by Applicable Law or otherwise), and  you do 
not notify us by the date stated in a notice, or if you notify us but then use your Account after 
the date stated in the notice, you will be deemed to accept all changes in the notice and to 
accept and confirm all terms of your Agreement and all changes in prior notices we have sent 
you regardless of whether you have access to your Account. If you reject a change that we 
make, we will close your Account. No change to any term of this Agreement will affect your 
obligation to pay all amounts you owe under this Agreement.

28. Waiver of Rights. Except as may be prohibited by Applicable Law, you agree to 
waive any right you may have for us to act promptly in bringing any action(s) against you 
(known as diligence); to demand payments of amounts due (known as presentment); to 
obtain an official certification of non-payment (known as protest); and to give notice that 
amounts due will not be paid (known as notice of dishonor or notice of default and non-
payment).

29. Change of Address. We will rely on the address we have for you in our records for 
any Account communications we send to you unless and until either you or the U.S. Postal 
Service notifies us of a change of address and we have had a reasonable opportunity to act 
on such notice. If your Account is a joint Account, each of you appoints the other as your 
agent to designate the address to which any and all Account communications, including the 
Account Statement, may be sent to you.

30. Correspondence. To the extent permitted by Applicable Law, any communication 
you send to us will not be effective until we receive it and have had a reasonable opportunity 
to act on it. Any communication we send to you will, however, be effective and deemed 
delivered when mailed to you at your address as it appears on our records.

31. Assignment. You may not sell, assign or transfer your Account or Card or any of your 
rights and obligations under this Agreement. We may, however, sell, assign or transfer your 
Account, or any balance due thereunder, and our rights and obligations under this Agreement 
to another entity without your consent and without prior notice. That entity will take our place 
in this Agreement.

32. Severability. If any provision of this Agreement is deemed to be void or unenforceable 
by a court of competent jurisdiction, or any governmental agency, that provision will continue 
to be enforceable to the extent permitted by that court or agency, and the remainder of that 
provision will no longer be considered as part of this Agreement. All other provisions of this 
Agreement will, however, remain in full force and effect.

33. Governing Law. This Agreement is entered into between you and us in the State of 
Ohio, and your Account and this Agreement, and any claim, dispute or controversy arising 
from or relating to your Account or this Agreement, whether based in contract, tort, fraud 
or otherwise and regardless of the place where you live, is governed by, and construed in 
accordance with, the laws of the State of Ohio, without regard to Ohio’s conflict of laws 
principles, and applicable federal laws and regulations. The legality, enforceability and 
interpretation of this Agreement and the amounts contracted for under this Agreement also are 
governed by Ohio law and applicable provisions of federal law, and all amounts granted under 
this Agreement are extended from the State of Ohio.

34. Entire Agreement. You acknowledge that this Agreement, as amended from 
time to time, and the documents accompanying your Card that apply to your Account, 
which are incorporated by reference into this Agreement, make up the entire agreement 
between you and us and supersedes and may not be contradicted by evidence of any prior 
or contemporaneous written or oral communications and understandings between you and 
us concerning the Account and the Card. Neither you nor we intend that anything in this 
Agreement should result in the assessment of fees or charges in excess of those permitted by 
Applicable Law. If any fee or charge assessed under this Agreement is finally determined to 
be in excess of that permitted by Applicable Law, the excess amount will be applied to reduce 
the outstanding balance in your Account or, if there is no outstanding balance, will be refunded 
to you. You agree that any documentation provided to you that indicates that a Transaction 
was made shall be admissible as evidence of such Transaction and shall be proof that such 
transaction or transfer was made.

35. Rewards Program Terms and Conditions. If you are enrolled in a Rewards 
program, terms of the program can be found at www.managemyrew.com.

36. Questions. If you have any questions about this Agreement or your Card,  
please contact us at 877-881-6018.

37. Section Headings. The Section headings used in this Agreement are only meant 
to organize this Agreement, and do not in any way limit or define your or our rights or 
obligations hereunder.