OPEN SKY SECURED VISA®  
CREDIT CARDHOLDER AGREEMENT 

INTEREST RATES AND INTEREST CHARGES 

Annual Percentage Rate (APR) 
for Purchases 

14.25% 
Your APR will vary with the market based on the Prime Rate plus a margin  

APR for Balance Transfers 

APR for Cash Advances 

Penalty APR 

14.25% 
Your APR will vary with the market based on the Prime Rate plus a margin  
14.25% 
Your APR will vary with the market based on the Prime Rate plus a margin  
18.25% 

This APR will vary with the market based on the Prime Rate plus a margin 

The Penalty APR will apply to your Account if you: 

• 

fail to make any Minimum Payment by the date and time due (late 
payment); 

•  exceed your credit line; 
•  make a payment to us that is returned unpaid; or 
•  do any of the above on another account or loan you have with us or any 

of our related companies. 

How  Long  Will  the  Penalty  APR  Apply:    If  your  APR  is  increased  for  any  of 
these  reasons,  the  Penalty  APR  will  apply  until  you  make  six  consecutive 
minimum payments when due.  
There is no period in  which  you can avoid paying interest.  We begin charging 
interest  from  the  posting  date  for  purchases  and  the  transaction  date  for  cash 
advances.   

Paying Interest 

Minimum Interest Charge 

If you are charged interest, the charge will be no less than $1.00. 

For Credit Card Tips from the 
Federal Reserve Board 

To learn more about factors to consider when applying for or using a credit card, 
visit the website of the Consumer Financial Protection Bureau at http://www. 
Consumerfinance.gov/learnmore.  

SET-UP & MAINTENANCE FEES 

•  Annual Fee 

$50 annually. 

•  Expedited Card Fee 

$50 (optional one-time fee) 

TERMS TABLE CONTINUES ONTO FOLLOWING PAGE 

CAPITAL BANK Open Sky Secured VISA® Credit Card Agreement  10.29.12 

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TRANSACTION FEES 

•  Balance Transfer  

5% of the amount of each Balance Transfer  

•  Cash Advance  

5% of the amount of each Cash Advance 

•  Foreign Transaction 

3% of each Transaction in U.S. dollars 

Penalty Fees 

•  Late Payment 

•  Returned Payment  

$20  

$25 

How  We  Will  Calculate  Your  Balance:  We  use  a  method  called  “average  daily  balance  (including  new 
Transactions).” Please see Section 7. (c) of this Agreement for further details. 

The information described here about the costs of the Capital Bank Open Sky Secured Visa Credit Card is accurate 
as of the date this disclosure was provided to you.  (To ask any questions about any of these disclosures call us at 
toll-free telephone number 855-763-OPEN) or e-mail us at customercare@openskycc.com 

Billing Rights: Information on  your rights to  dispute  transactions and how to exercise those rights is  provided  in 
the section titled “Your Billing Rights” at the end of this Agreement. 

CAPITAL BANK Open Sky Secured VISA® Credit Card Agreement  10.29.12 

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SECTION  19  OF  THIS  AGREEMENT  IS  AN  ARBITRATION  PROVISION.  UNLESS  YOU  ACT  PROMPTLY  TO  REJECT  THE 
ARBITRATION PROVISION, IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE. FOR 
EXAMPLE, YOU WILL NOT BE ABLE TO BRING OR PARTICIPATE IN ANY CLASS PROCEEDING SUBJECT TO ARBITRATION. 

This Agreement governs the secured credit card account (“Account”) and related credit card (“Card”) provided by Capital 
Bank,  a  nationally  chartered,  FDIC-insured  Bank  headquartered  in  Rockville,  MD  (the  “Bank”).  In  this  Agreement,  the 
words  “we,”  “us,”  and  “our”  mean  the  Bank,  its  successors  and  assigns,  and,  for  purposes  of  the  Arbitration  Provision 
(Section  19)  the  other  persons  identified  in  the  Arbitration  Provision.  The  words  “you,”  “your”,  “yours”  and  “Cardholder” 
mean  everyone  responsible  for  this  Account,  including  the  person  who  applied  for,  received  and  accepted  this  Account 
and  the  person  to  whom  we  provide  the  Account  Statements  after  each  monthly  billing  cycle.  You  agree,  jointly  and 
severally,if  more  than  one  person  is  contractually  liable  for  the  Account,  to  comply  with,  and  be  bound  by,  this  entire 
Agreement. You should retain and carefully review this entire Agreement, and sign your Card before using it. Intending to 
be legally bound, you and we agree as follows: 

1. Accepting this Agreement. You accept and agree to the terms and conditions of this Agreement when you first use the 
Account or the Card.  

2.  Purchases  and  Cash  Advances.  You  may  use  your  Account  to  purchase  or  lease  goods  or  services  (each,  a 
“Purchase”) by presenting your Card or providing your Card number and additional information (for example, in online or 
telephone transactions) to participating merchants and establishments that honor the Card. You may also receive “Cash 
Advances”  on  your  Account:  (a)  to  obtain  cash  or  cash-like  equivalents  (for  example,  money  orders,  traveler’s  checks, 
stamps or other instruments convertible into cash) from any bank or other person that accepts the Card for such purpose; 
(b)  to  make  a  withdrawal  of  cash  from  an  automated  teller  machine  (“ATM”);  (c)  to  make  a  person-to-person  transfer 
conducted through the Internet or otherwise; and/or (d) to cash or make a payment using any check we provide to access 
the  Account  (a  “Statement  Check”).  To  qualify  for  Statement  Checks,  your  Credit  Limit  must  be    greater  than  $500.00, 
your Account must be current and you may not have been 30 days’ late in paying your Minimum Payment Due on more 
than two occasions since you opened your Account. Additional qualifications may apply. 

If  your  Credit  Limit  is  greater  than  $500.00,  you  may  obtain  Balance  Transfers  as  a  form  of  Cash  Advance  on  your 
Account by writing a Statement Check to pay an existing credit account or by calling the Capital Bank Card Center at 800-
859-6412 (605-782-3827 from outside the country) and requesting a Balance Transfer from an existing credit account. For 
all  purposes  of  this  Agreement,  and  no  matter  how  they  are  implemented,  Balance  Transfers  are  treated  as  a  kind  of 
Cash  Advances.  Purchases  and  Cash  Advances  (including  Balance  Transfers)  are  collectively  referred  to  as 
“Transactions.”  We  will  not  be  liable  to  you  (or  anyone  else)  if  any  ATM,  merchant  or  other  person  cannot  or  will  not 
process  a  Transaction  permitted  under  this  Agreement.  Unless  prohibited  by  applicable  law,  we  may  from  time  to  time 
limit the type, number and dollar amount of any Transaction, even if you have sufficient Available Credit (defined in 5.(e) 
below) to complete the Transaction, and may terminate or suspend your use of the Card or the Account, with or without 
notice to you before or at the time we take such action. We will not stop payment on any Statement Check. 

3. Use of the Account and the Card. You agree to use your Account and your Card only for personal, family or household 
purposes.  You  agree  that  you  will  not  use  your  Account  for  any  unlawful  purpose  or  to  engage  in  or  facilitate  Internet 
gambling.  Your  breach  of  this  Agreement  will  not  affect  or  limit  your  liability  to  us  with  respect  to  any  Transactions  or 
Balance Type. 

 4. Authorized User(s).  If you allow any other person to use your Account or your Card, that person will be an “Authorized 
User.”  You  are  responsible  for  all  use  of  your  Account,  including  Transactions  by  an  Authorized  User.  If  you  allow  an 
Authorized User to use your Account, such authorization will be deemed to extend to all Transactions by such Authorized 
User, even if not intended by you, and will continue until you have taken all steps necessary to prevent any further use of 
your Account by such Authorized User, even if you have advised us that such Authorized User is no longer authorized to 
use the Account. It is your responsibility to get any cards, checks or any other means of access to your Account from the 
Authorized User and destroy them or return them to us upon request. 

5. Secured Card; Pledged Deposit Account.  

(a)  As  a  condition  to  obtaining  this  Account,  you  are  opening  a  deposit  account  at  the  Bank,  or  at  another 
FDIC-insured institution designated by the Bank in its discretion (the “Deposit Bank”), in a minimum amount of at 
least $200.00.  We need not notify you of the identity of the Deposit Bank, if any, unless  you expressly request 
such information. The deposit account we open for  you, with us or the Deposit Bank, and  any  substitutions or 
renewals thereof, is referred to herein as the “Pledged Deposit Account.” You hereby appoint us your agent and 
attorney-in-fact and direct us to open the Pledged Deposit Account, to maintain records and deliver disclosures 
with respect to the Pledged Deposit Account (including records on behalf of the Deposit Bank, if any) and to take 
or  initiate  all  actions  with  respect  to  the  Pledged  Deposit  Account  as  are  contemplated  hereunder.  You  hereby 
direct  the  Deposit  Bank  to  deal  exclusively  and  directly  with  us  concerning  the  Pledged  Deposit  Account,  to 
comply with our instructions directing disposition of the funds on deposit in the Pledged Deposit Account from 
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time  to  time,  including  any  funds  deposited  after  the  effective  date  of  this  Agreement  (the  “Deposit  Funds”), 
without further consent by you, and to disregard any instructions received directly from you (whether or not such 
instructions are contrary to any instructions we have given the Deposit Bank).  

(b) You hereby pledge, assign and grant us  a first priority security interest in the  Pledged Deposit  Account 
and the Deposit Funds (together, the “Pledged Collateral”), and you authorize and direct us and the Deposit Bank 
to take all actions necessary or appropriate to ensure our rights in the Pledged Collateral. You acknowledge that, 
during  the  term  of  this  Agreement,  you  may  not  sell,  transfer,  assign,  pledge  or  create  any  security  interest 
(except  the  security  interest  created  hereby)  in  the  Pledged  Collateral.  You  agree  to  sign  all  applications  and 
further  documents  that  we  may  request  from  time  to  time  to  confirm  and  evidence  the  creation  of  the  Pledged 
Deposit  Account  and  our  security  interest  in  the  Pledged  Collateral,  and  you  authorize  us  to  sign  such 
documents on your behalf. If you do not pay your Account balance as and when due or you or we decide to close 
your  Account  for  any  reason,  you  authorize  us  to  apply  any  or  all  of  the  Deposit  Funds  to  your  outstanding 
Account  balance.  We  expressly  disclaim  any  security  interest  in  your  other  property  in  connection  with  your 
Account. 

(c)  You  may  not  make  withdrawals  of  Deposit  Funds.    You  will  not  receive  any  Deposit  Funds  until  we  are 
reasonably assured that the remaining Deposit Funds will be sufficient to secure in full all your obligations to us 
under this Agreement. This may take up to ten (10) weeks in some circumstances.  You will not receive a Deposit 
Funds refund if the remaining Deposit Funds are less than $1.00 in the event the Deposit Funds are used to fully 
satisfy your obligations to us under the Agreement. 

(d) If you default under this Agreement (see Section 14) and we exercise our rights as a secured creditor with 
respect to the Pledged Collateral (see Section 15.(e)) but the outstanding Account balance exceeds the Deposit 
Funds, you are and will remain liable for the difference, plus any further Fees and Interest that may subsequently 
accrue, until the Account balance is paid in full. 

(e)  Deposit  Funds  do  not  pay  interest.  Accordingly,  the  interest  rate  and  annual  percentage  yield  on  the 

Pledged Deposit Account are both 0.00% for the entire life of the Pledged Deposit Account. 

6. Credit Limit; Transaction Limits; Available Credit. 

(a) Your initial Credit Limit is disclosed on the card carrier used to deliver the Card to you. Your initial Credit Limit is 
based  on  the  amount  of  Deposit  Funds  that  you  initially  deposited  to  the  Pledged  Deposit  Account.  However,  we  will 
charge  your  $50.00  Annual  Fee  to  your  Account,  which  will  reduce  your  Available  Credit  by  that  amount.  (See  6.(e) 
below.) 

(b) You may request an increase in your Credit Limit at any time or from time to time, provided that, notwithstanding 
any language in this Agreement to the contrary: (i) any increase will be subject to underwriting approval; (ii) your Credit 
Limit will never without our express approval exceed the amount of Deposit Funds in the Pledged Deposit Account or the 
amount  that  we  reasonably  believe  will  allow  you  to  pay  the  Minimum  Payment  Due,  together  with  your  other  monthly 
expenses, each month; (iii) any deposit of additional Deposit Funds must be in the form of a check, money order or wire 
transfer (and not an ACH payment); (iv) your Credit Limit may not exceed $3,000.00 during the first 120 days after your 
Account is opened;(v) your Credit Limit, together with the credit limit on any other secured credit card account we have 
established for you may never exceed $5,000.00; (vi) the amount of a Cash Advance may not be less than $20 and the 
outstanding balance of Cash Advances (including Balance Transfers and including Interest Charges and Fees treated as 
Cash Advances) may never exceed 50% of your Credit Limit; and (vii) we may delay increasing your Credit Limit for up to 
five  (5)  business  days  after  we  approve  the  increase  in  Credit  Limit  and  receive  additional  Deposit  Funds,  in  order  to 
ensure that the payment to us has cleared. You agree to provide us from time to time with any information we reasonably 
request in order to assess your ability to make payments of the Minimum Payment Due based on the current Credit Limit 
or any contemplated Credit Limit. 

(c)  After  the  first  year  of  the  Account,  you  may  also  request  a  decrease  in  your  Credit  Limit  to  a  level  not  below 
$200.00 and a reduction in the Deposit Funds in the Pledged Deposit Account to a level not exceeding the reduced Credit 
Limit. In such event, we will immediately reduce your Credit Limit but you will not receive any Deposit Funds until we are 
reasonably assured that the remaining Deposit Funds will be sufficient to secure in full all your obligations to us under this 
Agreement, including your Account balance and obligations relating to authorized Transactions that are not yet reflected 
in your Account balance (“Pending Transactions”). This may take up to ten (10) weeks in certain circumstances. 

(d) After the first year, we will charge you a Credit Limit Increase Fee of $25.00 each time you add Deposit Funds and 
increase the Credit Limit and a Credit Limit Decrease Request Fee of $25.00 each time you request a reduction in your 
Credit Limit. 

(e)  The  amount  by  which  your  Credit  Limit  exceeds  the  sum  of:  (i)  your  outstanding  Account  balance  (including 
principal, Fees and Interest Charges); (ii) the dollar amount of all Pending Transactions; and (iii) funds you have sent us 

CAPITAL BANK Open Sky Secured VISA® Credit Card Agreement  10.29.12 

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that are not yet treated as “good” funds under Section 11.(e) for purposes of determining credit availability is referred to as 
your “Available Credit.” We are not required to approve any Transaction if the amount of the Transaction  exceeds  your 
Available  Credit.  However,  we  may  authorize  and  pay  any  such  Transaction  in  our  absolute  discretion.  Whenever  the 
outstanding balance of the Account exceeds your Credit Limit, you agree to pay us the difference on demand.  

(f) (i) Subject to applicable law, we may from time to time and in our sole discretion increase your Credit Limit to any 
level of our choice, even if the new Credit Limit exceeds the Deposit Funds in the Pledged Deposit Account. We may also 
decrease  your Credit Limit in our sole discretion, as low as $0. Additionally, we may at any time close  your Account, or 
limit  the  number  or  amount  of  Transactions  that  can  be  charged  to  your  Account  based  on  an  evaluation  of  various 
factors. We will promptly notify you in writing in the event we decide to take any such action on your Account. 

(ii) If we close your Account without cause or if we take any action described in Section 6.(f)(i) without cause and 
you give us written notice within thirty (30) days that you are closing your Account, we will disregard any reduction in your 
Credit  Limit  for  purposes  of  determining  your  Annual  Percentage  Rate  (“APR”).  Also,  if  we  reduce  your  Credit  Limit 
without  cause,  we  will  not  demand  immediate  payment  of  any  excess  of  the  Account  Balance  over  the  reduced  Credit 
Limit until such time as the reduced Credit Limit first equals or exceeds the outstanding Account Balance. 

7. Interest Charges. 

(a) General. Each Billing Cycle, we separately determine the Interest Charges on Purchases and the Interest Charges 
on Cash Advances (including Balance Transfers). Both for Purchases and Cash Advances (each, a “Balance Type”), we 
determine Interest Charges each Billing Cycle by multiplying the Balance Subject to Interest Charges (see 7.(c) below) by 
the  daily  Periodic Rate and by then multiplying the result  by  the  number of days in  the Billing  Cycle. For  each  Balance 
Type, the Balance Subject to Interest Charges is the Average Daily Balance (including new Transactions), as calculated 
pursuant to Section 6.(c) below. To get the total Interest Charges each Billing Cycle, we add together the Interest Charges 
for Purchases and the Interest Charges for Cash Advances. 

(b) Interest Rates.  

 (i) For each Balance Type, the Daily Periodic Rate and APR will equal the sum of a Margin and the Prime Rate 
determined as of the third Friday of the last calendar month ended before the beginning of the applicable Billing Cycle (the 
“Determination  Date”).    The  Margin  equals  11%.  The  “Prime  Rate”  is  the  highest  U.S.  Prime  Rate  as  published  in  the 
“Money  Rates”  section  of  The  Wall  Street  Journal  on  the  Determination  Date  (or,  if  The  Wall  Street  Journal  does  not 
publish such rate on such day, the previous day it does publish such rate). (If The Wall Street Journal stops publishing the 
U.S.  Prime Rate in  its “Money Rates” section, then  we may substitute another index and margin, in our sole discretion, 
subject to applicable law.)  For each Balance Type,  your rate will vary with the market based on the Prime Rate.  . The 
Daily Periodic Rate will be 1/365th of the APR rounded to the nearest 1/100,000th of 1%. The Daily Periodic Rate in effect 
at any time is disclosed on the monthly statement under “Interest Charge Calculation”.  The Daily Periodic Rate for your 
Purchase  APR  is  0.03904%,  Cash  Advance  APR  is  0.03904%  and  Penalty  APR  is  0.05000%.  Notwithstanding  the 
foregoing, the Daily Periodic Rate and APR will never exceed the maximum rates permitted by applicable law.  

(ii) Your APR may increase.  If and when the APR for each Balance Type increases, more Interest Charges will 
accrue and more of each payment will be applied to Interest Charges and less to principal. This will result in higher and/or 
more payments if you pay the Minimum Payment Due each month. If and when the APR decreases, less Interest Charges 
will  accrue  and  less  of  each  payment  will  be  applied  to  Interest  Charges  and  more  to  principal.  This  will  result  in  lower 
and/or fewer payments if you pay the Minimum Payment Due each month.  

 (c) Balances Subject to Interest Charge. 

(i)  For  each  Balance  Type,  the  Balance  Subject  to  Interest  Charges  is  the  Average  Daily  Balance  for  such 
Balance Type. The Average Daily Balance for a Billing Cycle equals the sum of the daily Purchases or Cash Advances 
balances, as applicable, for each day of the Billing Cycle, divided by the number of days in the Billing Cycle.  

(ii)The Purchases balance for each day in the Billing Cycle is computed as follows:  

(A) For each day (including the first day of the Billing Cycle), we start with the prior day’s closing balance of 

Purchases, if any.  

(B)  For  the  first  day  of  the  Billing  cycle,  we  add  any  unpaid  Interest  Charges  on  Purchases  that  accrued 

during the prior Billing Cycle. (This results in the monthly compounding of Interest Charges.) 

(C) For each day in the Billing Cycle (including the first day of the Billing Cycle), we add any new Purchases 
posted  to  your  Account  and  subtract  any  payments  or  credits  applied  to  Purchases.  However,  we  do  not  subtract  a 
second time any payments or credits that have already been subtracted in step (B) above.  

(D) We treat any negative daily balance as $0. 

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(iii) To get the daily balance of Cash Advances (including Balance Transfers) each day: (i) we take the previous 
day’s balance of Cash Advances (if any); (ii) we add any new Cash Advances; and (iii) we subtract any new payments or 
credits  applied  to  Cash  Advances.  For  the  first  day  of  each  Billing  Cycle,  we  also  add  any  unpaid  Interest  Charges  on 
Cash Advances that accrued during the prior Billing Cycle. (This results in the monthly compounding of Interest Charges.) 
If a Cash Advance obtained in a Billing Cycle is not posted in that  Billing Cycle, we add the Cash Advance to the daily 
balance on the first day of the next Billing Cycle instead of the day it was obtained. We treat any negative daily balance as 
$0. 

(d)   Interest Accrual Periods. We charge Interest Charges over the following periods: 

(i) On each Cash Advance, we charge Interest Charges from the later of the Cash Advance transaction or the first 

day of the Billing Cycle in which it is posted to your Account until it is repaid in full.  

(ii) On each Purchase, we charge Interest Charges from the day the Purchase is posted to the Account through 

the Interest End Date.   

(e) Classification of Fees as Purchases or Cash Advances (including Balance Transfers). For purposes of computing 

Interest Charges, Cash Advance Fees are treated as Cash Advances and all other Fees are treated as Purchases. 

8. Fees. Subject to applicable law, including the federal Truth in Lending Act and Regulation Z, you paid or agree to pay 
the following Fees:  

(a) Set-Up and Maintenance Fees. You paid or agree to pay the following Set-Up and Maintenance Fees: 

 (i) When we open your Account and each year on the anniversary date of your Account opening, we will charge 

you an Annual Fee of $50.00. 

 (ii)  If  you  requested  us  to  expedite  shipping  of  your  Card,  you  also  paid  a  one-time,  non-refundable  Expedited 

Card Fee of $50.00.  

            (iii) As set forth in Section 6.(d), after your Account is open for one year or more we will charge you a Credit Limit 
Increase  Fee  of  $25.00  each  time  you  add  Deposit  Funds  and  increase  the  Credit  Limit  and  a  Credit  Limit  Decrease 
Request Fee of $25.00 each time you request a reduction in your Credit Limit. 

(b) Transaction Fees; Currency Conversion.  

(i)  Each  time  you  obtain  a  Cash  Advance  (including  a  Balance  Transfer),  we  will  charge  a  Cash  Advance  Fee 

equal to 5% of the dollar amount of the Cash Advance.  

(ii) If you make a Purchase or obtain a Cash Advance in a foreign currency, the Transaction will be converted into 
a U.S. dollar amount in accordance with operating regulations or conversion procedures of VISA International (“VISA”) in 
effect  at  the  time  the  Transaction  is  processed.  Currently,  VISA  regulations  and  procedures  provide  that  the  currency 
conversion  rate  will  be  either  a  wholesale  market  rate  or  a  government-mandated  rate  in  effect  one  day  prior  to  the 
processing date. We charge a Foreign Currency Transaction Fee equal to three percent (3%) of the gross amount of the 
Transaction in U.S. Currency. The foreign merchant or financial institution may charge a separate fee. 

(c) Penalty Fees.  

(i) Each time we do not receive the Minimum Payment Due in full within one (1) day after the Payment Due Date, 
we will charge you a Late Fee of $20.00. We will never charge you a Late Fee exceeding the Minimum Payment Due that 
is late. 

(ii) Each time a check, instrument or other payment on your Account is returned to us unpaid for any reason or we 
must return any check or instrument you send us because it is not signed or is otherwise incomplete, we will charge you a 
Returned Payment Fee of $25.00. We will not charge a Returned Payment Fee if we are charging a Late Fee with respect 
to  the  same  Minimum  Payment  Due  and  will  never  charge  a  Returned  Payment  Fee  exceeding  the  related  Minimum 
Payment Due. 

(d) Additional Fees.  

(i) We will charge an Expedited Pay By Phone Fee of $10.00 each time you arrange for an expedited payment by 
calling  us  and  obtaining  the  assistance  of  a  live  representative  or  agent  of  ours.  Your  payment  will  be  credited  to  your 
Account  the  same  day,  if  received  on  or  before  5:00  p.m.  Eastern  Time  on  a  business  day  and  otherwise  on  the  next 
business day.  

(ii) We will charge you a Document Retrieval Fee of $5.00 each time you request and we provide you with a copy 
of  any  monthly  Account  Statement  (“Account  Statement”),  sales  draft  or  payment  instrument  previously  provided  you, 
unless the request is made in connection with a written notice of a billing error.  

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(iii) We will charge you Paper Statement Fee of $3.00 if you request us to deliver your Account Statements to you 
in  paper  through  the  U.S.  Postal  Service  rather  than  viewing  them  on   www.openskycc.com.  For  more  details  about 
delivery of your Account Statements, please refer to Section 10. below. 

(iv) If we add an Authorized User to your Account at your request, we will charge a one-time Authorized User Fee 

of $30.00.  

(v) We may charge additional fees for separate services we provide you in accordance with applicable law. 

9. Limits on Interest Charges and Fees.  

(a) Notwithstanding any language in this Agreement to the contrary, we will limit the total amount of any Transaction 
Fees (listed on the first page) that we impose during the first year after the Account is opened to twenty-five percent (25%) 
of your initial Credit Limit (or any lower Credit Limit that may apply during the first year after the Account is opened). If a 
charge  is  imposed  that  would  otherwise  exceed  this  limit,  then,  in  accordance  with  applicable  law,  we  will  make  the 
necessary corrections within a reasonable amount of time but no later than the end of the Billing Cycle following the Billing 
Cycle during which the limit was exceeded. 

(b)  It  is  not  the  intention  of  the  parties  that  anything  in  this  Agreement  should  result  in  the  assessment  of  Interest 
Charges  or  Fees  in  excess  of  those  permitted  by  applicable  law.  If  any  Interest  Charge  or  Fee  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.  

10.  Periodic  Account  Statements. We  will  send  you  an  Account  Statement  shortly  after  the  end  of  each  monthly  Billing 
Cycle  if  your  Account  has  a  debit  or  credit  balance  in  excess  of  $1.00  at  the  end  of  the  Billing  Cycle  or  any  Interest 
Charge has been imposed during the Billing Cycle. However, we are not obligated to send you an Account Statement if 
we deem  your  Account to  be uncollectible or applicable law does not require us to send  you an Account  Statement for 
other  reasons.  Your  Account  Statements  will  show  Transactions;  payments,  credits  and  adjustments;  Interest  Charges 
and  Fees;  the  Previous  Balance  and  New  Balance  on  your  Account;  your  Credit  Limit  and  Available  Credit;  and  the 
Minimum  Payment  Due  and  Payment  Due  Date.  As  you  consented  to  receive  e-disclosures  when  you  applied  for  this 
Account,  your  Account  Statements  are  posted  on   www.openskycc.com,  which  is  a  secure  website.  At  any  time  you 
may  notify  us  that  you  withdraw  your  consent  to  receive  electronic  statements  and  we  will  deliver  your  Account 
Statements to you in paper through the U.S. Postal Service. However, we will charge you a $3.00 Paper Statement Fee 
for each Account Statement we deliver to you in paper. 

11. Payments.  

(a) Each month, you must pay at least the Minimum Payment Due shown on your Account Statement by the “Cut-Off 
Time” on the Payment Due Date shown on your Account Statement, which will be at least twenty-five (25) days after the 
date of the Account Statement, typically on the same day of each calendar month. However, if the Payment Due Date falls 
on a day we do not receive mail (“non-business day”), we will not treat your payment as late for any purpose if we receive 
it by the Cut-Off Time on the next day we receive mail (a “business day”). The “Cut-Off Time” is 5:00 p.m. local time at the 
payment address specified on the Account Statement (or closing time of any of our offices at which you make payment in 
person). 

(b)  If  the  total  outstanding  balance  under  your  Account  at  the  end  of  a  Billing  Cycle,  as  shown  on  your  Account 
Statement (the “New Balance”), is less than $25.00, the Minimum Payment Due equals the New Balance. Otherwise, the 
Minimum  Payment  Due  equals  the  sum  of:  (i)  any  amount  past  due;  plus  (ii)  any  amount  by  which  the  New  Balance 
exceeds  your  Credit  Limit;  and  (iii)  the  greatest  of:  (A)  the  sum  of  the  Interest  Charges  and  Fees  reflected  on  your 
Account Statement (rounded to the nearest dollar); (B) two percent (2%) of the New Balance; or (C) $25.00. 

(c) You agree to make all payments by check or other negotiable instrument drawn on a financial institution located in 
the U.S. or by money order. Payments must be made in U.S. dollars. All payments, except disputed payments, must be 
mailed or delivered to us at the payment address shown on the front of your Account Statement (the “Payment Address”). 
Any  payments  received  after  the  Cut-Off  Time  on  a  business  day  will  be  credited  on  the  next  business  day.  However, 
credit to your Account may be delayed for up to five (5) days if we accept a payment that is: (i) not received by mail or 
messenger service at the Payment Address or in-person at one of our offices; (ii) not made in U.S. dollars by a check or 
other negotiable instrument drawn on a financial institution located in the U.S. or by money order; or (iii) not accompanied 
by  the  top  portion  of  your  Account  Statement.  Delayed  crediting  may  cause  you  to  incur  additional  Fees  and  Interest 
Charges,  subject  to  applicable  law.  You  may  not  use  a  Statement  Check  to  pay  any  amount  you  owe  under  this 
Agreement or any other amount you owe us. None of the following will constitute a payment made by you: (i) a 
credit posting from a merchant; (ii) a reversal of fees by us; or (iii) our offset of the Deposit Funds in the Pledged 
Deposit Account.  

CAPITAL BANK Open Sky Secured VISA® Credit Card Agreement  10.29.12 

Page 7 

 
 
 
(d) Subject to applicable law, we may apply payments and other credits to your Account in any manner we choose in 
our  sole  discretion.  For  payments  up  to  the  Minimum  Payment  Due,  we  typically  apply  payments  based  on  the  APR  of 
different  balances,  first  to  the  lowest  APR,  next  to  the  next-lowest  APR  and  so  on.  For  payments  in  excess  of  the 
Minimum Payment Due, we apply payments in the reverse order, first to balances with the highest APR. 

      (e) All credits for payments to your Card are subject to final payment by the institution on which the item of payment 
was drawn. Your Available Credit may not be restored for up to twenty (20) days after we receive your payment. 

12. Prepayment. At any time, you may pay all or any part of your outstanding Account balance. Payment of more than the 
Minimum Payment Due in one Billing Cycle will not relieve you of the obligation to pay the entire Minimum Payment Due 
in subsequent Billing Cycles. 

13.  Termination.  Subject  to  applicable  law,  we  may  terminate  your  right  to  credit  under  the  Account  at  any  time  in  our 
absolute discretion. You may also terminate your right to credit under the Account by calling the Capital Bank Card Center 
at 800-859-6412 (605-782-3827 from outside the country), or by writing to the Capital Bank Card Center, P.O. Box 5054, 
Sioux Falls, SD  57117-5054-5054. Any request to terminate your credit privileges will be effective only after we have had 
a reasonable  opportunity to act on such request. We will close the  Pledged Deposit Account after  your credit privileges 
are terminated and all amounts owing to us are repaid in full. However, it could take up to ten (10) weeks before we close 
the Pledged Deposit Account and return to you any Deposit Funds that remain after all your obligations to us have been 
paid in full. Except as provided above, termination of credit privileges, whether initiated by us or by you, will not affect any 
of  your  or  our  rights  and  obligations  under  this  Agreement,  including  without  limitation,  your  obligation  to  repay  any 
amounts you owe us according to the terms of this Agreement. On our demand or upon termination of credit privileges, 
you agree to surrender to us or destroy the Card. You agree that, if you attempt to use the Card after the termination of 
credit privileges (whether or not we have provided notice of such termination), the Card may be retained by a merchant, 
ATM or financial institution where you attempt to use the Card. 

14. Default. Subject to applicable law, we may declare you to be in default under this Agreement if any one or more of the 
following events occurs: 

(a) you fail to pay any Minimum Payment Due on or before your Payment Due Date; 

(b) you exceed your Credit Limit; 

(c) you use a check or instrument for payment which is dishonored; 

(d) you die or are declared legally incompetent; 

(e) any other creditor tries by legal process to take money of yours, including Deposit Funds, in our possession; 

(f) a petition is filed or other proceeding is commenced by or against you under the Federal Bankruptcy Code or any 

other applicable federal or state insolvency laws; 

(g) you become generally unable to pay your debts; 

(h) you provide us with any false or misleading information; 

(i) you breach any of your other obligations under this Agreement; or 

(j) you are in default of any other credit agreement you have with us or any of our affiliates.  

15.  Remedies.  In  the  event  of  any  default  under  this  Agreement,  we  may,  subject  to  applicable  law  (including  any 
applicable notice requirement): 

(a) without waiving any rights under subsection (b), allow you to repay your Account balance by paying the Minimum 

Payment Due each Billing Cycle; 

(b) declare all or any portion of your outstanding Account balance to be immediately due and payable, 

(c) immediately terminate or suspend your Account privileges and/or cancel your Card; 

(d) reduce your Credit Limit or otherwise limit your ability to make Transactions;  

(e)  exercise  our  rights  as  a  secured  creditor  with  respect  to  the  Pledged  Deposit  Account  and  the  Deposit  Funds; 

and/or 

(f) commence an action against you to collect all amounts owed in connection with this Agreement.  

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 Transaction if your Card is in default or we have determined to terminate or suspend your Account privileges or 
limit your ability to make Transactions. Interest Charges will continue to accrue until your total Account balance, including 
CAPITAL BANK Open Sky Secured VISA® Credit Card Agreement  10.29.12 

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accrued Interest Charges,  is paid  in full.  You  understand  and agree that, subject to  applicable  law, if  you  are in default 
under this Agreement, we may make collection calls to your home or cell phone and may use an automatic dialer and/or 
prerecorded messages with respect to such calls, even if the message is left on an answering machine. You agree such 
calls will not be considered “unsolicited” calls or telemarketing calls for purposes of state or federal law. 

16.  Delay  in  Enforcement.  We may  at  any  time  and  in  our  sole  discretion  delay  or  waive  enforcing  any  of  our  rights  or 
remedies under this Agreement or under applicable law without losing any of those or any other rights or remedies. Even 
if we do not enforce our rights or remedies at any one time, we may enforce them at a later date. 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. 

17. Notice and Cure. Prior to initiating a lawsuit or arbitration regarding a legal dispute or claim relating in any way to this 
Agreement  or  the  Account  (as  more  fully  defined  in  Section  19.(b)(iii),  a  “Claim”),  the  party  asserting  the  Claim  (the 
“Claimant”)  shall  give  the  other  party  (the  “Defending  Party”)  written  notice  of  the  Claim  (a  “Claim  Notice”)  and  a 
reasonable opportunity, not less than thirty (30) days, to resolve the Claim on an individual basis. Any Claim Notice to you 
shall be sent in writing by mail to the address for you maintained in our records. Any Claim Notice to us shall be sent by 
mail to Capital Bank, 200 Gibraltar Road, Suite 129, Horsham, PA 19044, attention Legal Claim (or such other address as 
we  subsequently  provide  you).  Any  Claim  Notice  you  send  must  provide  your  Account  Number  and  telephone  number. 
Any  Claim  Notice must  explain  the  nature  of  the  Claim  and  the  relief  that  is  demanded.  The  Claimant must  reasonably 
cooperate in providing any information about the Claim that the Defending Party reasonably requests.  

18.  Waiver  of  Right  to  Trial  by  Jury.  YOU  AND  WE  ACKNOWLEDGE  THAT  THE  RIGHT  TO  TRIAL  BY  JURY  IS  A 
CONSTITUTIONAL  RIGHT  BUT  MAY  BE  WAIVED  IN  CERTAIN  CIRCUMSTANCES.  TO  THE  EXTENT  PERMITTED 
BY LAW, YOU AND WE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT 
OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT 
AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE ARBITRATION PROVISION SET FORTH IN 
SECTION 18, IF APPLICABLE, WHICH CONTAINS ITS OWN SEPARATE JURY TRIAL WAIVER. 

19. Arbitration Provision. Unless you have exercised your right to reject arbitration under subsection (m) below, the 
following Arbitration Provision will apply: 

(a)  General: Either you or we may elect to arbitrate - and require the other party to arbitrate - any Claim (as defined 
below) under the following terms and conditions. If you or we elect to arbitrate a Claim, neither you nor we will have the 
right  to: (i) have  a court or a jury  decide the Claim; (ii) participate  in  a class action in court or in arbitration, either as  a 
class  representative  or  a  class  member;  (iii)  act  as  a  private  attorney  general  in  court  or  in  arbitration;  or  (iv)  join  or 
consolidate your Claim(s) with claims of any other person. The right to appeal and the right to pre-arbitration discovery are 
more limited in arbitration than in court. Other rights that you would have if you went to court may also not be available in 
arbitration.  

(b)  Definitions:  The  following  definitions  apply  to  this  Arbitration  Provision,  even  if  terms  defined  in  this  Arbitration 

Provision are defined differently elsewhere in this Agreement:  

(i) 

“We,” “us” and “our” mean the Bank, together with any subsequent holder of this Agreement. Also, these 
terms  include  the  parents,  subsidiaries,  affiliates  and  successors  of  such  companies,  as  well  as  the  officers,  directors, 
agents and employees of any of the foregoing. These terms also include any party named as a co-defendant with us in a 
Claim asserted by  you, such as marketing companies, credit bureaus, credit insurance companies, credit card servicers 
and debt collectors. “You,” “your” and “yours” include each and every person who uses a Card. 

(ii) 

“Administrator”  means  the  American  Arbitration  Association  (“AAA”),  1633  Broadway,  10th  Floor,  New 
York,  NY  10019,  www.adr.org,  800-778-7879;  JAMS,  620  Eighth  Avenue,  34th  Floor,  New  York,  NY  10018, 
www.jamsadr.com,  800.352.5267;  or  any  other  company  selected  by  mutual  agreement  of  the  parties.  If  both  AAA  and 
JAMS cannot or will not serve and the parties are unable to select an Administrator by mutual consent, the Administrator 
will  be  selected  by  a  court.  You  get  to  select  the  Administrator  if  you  give  us  written  notice  of  your  selection  with  your 
notice that you are electing to arbitrate any Claim or within twenty (20) days after we give you notice that we are electing 
to  arbitrate  any  Claim  (or,  if  you  dispute  our  right  to  require  arbitration  of  the  Claim,  within  twenty  (20)  days  after  that 
dispute is finally resolved). If you do not select the Administrator on time, we may do it. Notwithstanding any language in 
this  Arbitration  Provision  to  the  contrary,  no  arbitration  may  be  administered,  without  the  consent  of  all  parties  to  the 
arbitration, by any Administrator that has in place a formal or informal policy that is inconsistent with subsection (d) below 
captioned “No Class Actions” (the “Class Action Waiver”). 

(iii) 

“Claim”  means  any  claim,  dispute  or  controversy  between  you  and  us  that  in  any  way  arises  from  or 
relates  to  this  Agreement  or  the  Account,  including  disputes  arising  from  actions  or  omissions  prior  to  the  date  of  this 
Agreement.  “Claim”  has  the  broadest  reasonable  meaning,  and  includes  initial  claims,  counterclaims,  cross-claims  and 
third-party  claims.  It  includes  disputes  based  upon  contract,  tort,  consumer  rights,  fraud  and  other  intentional  torts, 
constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). 
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However, it does not include disputes about the validity, enforceability, coverage or scope of this Arbitration Agreement or 
any  part  thereof  (including,  without  limitation,  the  Class  Action  Waiver,  the  final  sentence  in  Section  18(j)  under  the 
caption  “Survival,  Severability,  Primacy”  and/or  this  sentence);  all  such  disputes  are  for  a  court  and  not  an  arbitrator  to 
decide. However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for 
the arbitrator, not a court, to decide. 

(c)  Starting  Arbitration:  To  start  an  arbitration,  you  or  we  must  give  written  notice  of  an  election  to  arbitrate.  This 
notice may be given after a lawsuit has been filed and may be given in papers or motions in the lawsuit. If such a notice is 
given,  the  Claim  shall  be  resolved  by  arbitration  under  this  Arbitration  Provision  and  the  applicable  rules  of  the 
Administrator then in effect. We will not elect to arbitrate any individual action brought by you in small claims court or your 
state’s equivalent court, when such action is transferred, removed, or appealed to a different court 

(d)  No  Class  Actions:  Notwithstanding  any  language  herein  to  the  contrary,  if  you  or  we  elect  to  arbitrate  a 
Claim, neither you nor we will have the right to: (i) participate in a class action in court or in arbitration, either as 
a  class  representative,  class  member  or  class  opponent;  (ii)  act  as  a  private  attorney  general  in  court  or  in 
arbitration; or (iii) join or consolidate your Claims with claims of any other person, and the arbitrator shall have 
no authority to conduct any such class, private attorney general or multiple-party proceeding.  

(e)  Location  and  Costs:  Any  arbitration  hearing  that  you  attend  will  take  place  in  a  location  that  is  reasonably 
convenient for you. If you cannot obtain a waiver of the Administrator’s or arbitrator’s filing, administrative, hearing and/or 
other fees, we will consider in good faith any request by you for us to bear such fees. We will pay for our own attorneys, 
experts and witnesses and will pay the reasonable fees and charges of your attorneys, experts and witnesses if you win 
the arbitration. We will pay any of the Administrator’s or arbitrator’s filing, administrative, hearing and/or other fees, and 
the fees and charges of your attorneys, experts and witnesses, if and to the extent we are required to pay such fees and 
charges by law or in order to make this Arbitration Provision enforceable. 

(f)   Arbitrator  Selection:  The  arbitrator  will  be  appointed  by  the  Administrator  in  accordance  with  the  rules  of  the 
Administrator. However, unless the parties agree otherwise, the arbitrator must be a retired or former judge or a lawyer 
with at least ten (10) years of experience.  

(g)  Discovery;  Getting  Information:  In  addition  to  the  parties’  rights  under  the  Administrator’s  rules  to  obtain 
information prior to the hearing, either party may ask the arbitrator for more information from the other party. The arbitrator 
will decide the issue in his or her sole discretion, after allowing the other party the opportunity to object.  

(h)  Effect  of  Arbitration  Award:  Any  court  with  jurisdiction  may  enter  judgment  upon  the  arbitrator’s  award.  The 
arbitrator’s award will be final and binding, except for: (1) any appeal right under the Federal Arbitration Act, 9 U.S.C. §1 
et seq. (the “FAA”); and (2) Claims involving more than $50,000. For Claims involving more than $50,000, any party may 
appeal the award to a three-arbitrator panel appointed by the Administrator, which will reconsider anew any aspect of the 
initial award that is appealed. The panel’s decision will be final and binding, except for any appeal right under the FAA. 
The costs of any appeal will be borne in accordance with subsection (e) above captioned “Location and Costs.”  

(i)   Governing  Law:  This  Agreement  governs  transactions  involving  interstate  commerce  and  accordingly  this 
Arbitration  Provision  shall  be  governed  by  the  FAA  and  not  by  any  state  law  concerning  arbitration.  The  arbitrator  shall 
follow  applicable  substantive  law  to  the  extent  consistent  with  the  FAA,  applicable  statutes  of  limitation  and  applicable 
privilege  rules,  and  shall  be  authorized  to  award  all  remedies  available  in  an  individual  lawsuit  under  applicable 
substantive law, including, without limitation, compensatory, statutory and punitive damages (which shall be governed by 
the  constitutional  standards  applicable  in  judicial  proceedings),  declaratory,  injunctive  and  other  equitable  relief,  and 
attorneys’ fees and costs. Upon the timely request of either party, the arbitrator shall write a brief explanation of the basis 
of  his  or  her  award.  The  arbitrator  will  follow  rules  of  procedure  and  evidence  consistent  with  the  FAA,  this  Arbitration 
Provision and the Administrator’s rules.  

(j)   Survival,  Severability,  Primacy:  This  Arbitration  Provision  shall  survive  the  termination  of  this  Agreement,  your 
fulfillment  or  default  of  your  obligations  under  this  Agreement  and/or  your  or  our  bankruptcy  (to  the  extent  permitted  by 
applicable  law).  In  the  event  of  any  conflict  or  inconsistency  between  this  Arbitration  Provision  and  the  Administrator’s 
rules  or  this  Agreement,  this  Arbitration  Provision  will  govern.  If  any  portion  of  this  Arbitration  Provision,  other  than  the 
Class Action Waiver, is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. If a 
determination is made that the Class Action Waiver is unenforceable, only this sentence of the Arbitration Provision will 
remain in force and the remaining provisions shall be null and void, provided that the determination concerning the Class 
Action Waiver shall be subject to appeal.  

(k)  Amendment/Termination: Notwithstanding any provision of this Agreement to the contrary, we will not amend this 
Arbitration Provision in a manner that adversely affects your rights or responsibilities in a material manner unless we give 
you a right to reject the amendment and/or the Arbitration Provision in its entirety. 

CAPITAL BANK Open Sky Secured VISA® Credit Card Agreement  10.29.12 

Page 10 

 
(l)   Special  Payment:  If  (i)  you  submit  a  Claim  Notice  on  your  own  behalf  (and  not  on  behalf  of  any  other  party)  in 
accordance  with  Section  17.,  captioned  “Notice  and  Cure”  (including  the  timing  requirements  thereof);  (ii)  we  refuse  to 
provide you with the relief you request; and (iii) an arbitrator subsequently determines that you were entitled to such relief 
(or  greater  relief),  the  arbitrator  shall  award  you  at  least  $7,500  and  will  double  the  attorneys’  fees  to  which  you  would 
otherwise be entitled.  

(m)  RIGHT TO REJECT ARBITRATION. You may reject this Arbitration Provision by mailing a special rejection 
notice to Capital Bank, 200 Gibraltar Road, Suite 129, Horsham, PA 19044, attention Arbitration Rejection, within 
sixty  (60)  days  after  you  apply  for  your  Account.  Any  rejection  notice  must  include  your  name,  address, 
telephone number, and Account number. 

20. Changes to this Agreement. Subject to applicable law, including the Truth in Lending Act and Regulation Z: 

(a) You agree that we may, in our sole discretion, from time to time change any of the terms and conditions of, or add 
new terms and conditions to, this Agreement, including changing the formula used to compute Interest Charges (including 
terms and conditions increasing margins, switching to a fixed APR, changing the method of computing Balances Subject 
to  Interest  Charge  and/or  imposing  penalty  rates  upon  default),  increasing  or  adding  Fees  (including  annual  or  other 
periodic fees) or changing your Credit Limit.  

(b) Any such changes will generally be effective immediately unless we are required by applicable law or elect, in our 
discretion, to provide you with advance written notice of the changes (and/or the reasons for the changes), afford you the 
right to reject the change and/or obtain your consent to the change (whether by written agreement, through the initiation of 
a Transaction after a specified date or through some other means). In such instances, those changes will be effective if, 
when and as stated in such notice. 

(c) Any changes may apply to your outstanding Account balance on the effective date of the change and to any future 

balances created after that date.  

(d)  No  change  to  any  term  of  this  Agreement  will  excuse  your  obligation  to  pay  all  amounts  owing  under  this 

Agreement. 

21. Governing Law. This Agreement is entered into between you and us in the State of Maryland, and your Account and 
this  Agreement  are  established  in  Maryland.  Except  as  set  forth  to  the  contrary  in  the  Arbitration  Provision,  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 of your residence, is governed by, and construed in accordance with, the laws of 
the State of Maryland, without regard to Maryland’s conflict of laws principles, and applicable federal laws and regulations. 

22.  ACH  Payments.  We  will  accept  ACH  payments  for  establishing  the  Pledged  Deposit  Account.  However,  before  we 
initiate any ACH payment for this purpose, we will verify your ownership of the bank account that will be used for the ACH 
payment by sending  you an email notification and by sending the account certain small deposits.  You must respond by 
confirming  the  amount  of  the  deposits. We  are  not  liable  for  the  fees  incurred  for  the  electronic  ACH  transactions  or  if 
there are not sufficient funds in your designated account at the institution listed on your application. 

23. Unauthorized Use of Your Card or Account. You agree to promptly notify us if you believe that your Card has been 
lost or stolen or that someone has used or may use your Card or Account without your permission by calling the Capital 
Bank  Card  Center  at  800-859-6412  (605-782-3827  from  outside  the  country),  or  by  writing  to  the  Capital  Bank  Card 
Center, P.O. Box 5054, Sioux Falls, SD  57117-5054-5054. TO HELP PROTECT AGAINST THE UNAUTHORIZED USE 
OF YOUR CARD OR ACCOUNT, YOU SHOULD NEVER WRITE YOUR PERSONAL IDENTIFICATION NUMBER (PIN) 
ON YOUR CARD OR KEEP ANY WRITTEN RECORD OF IT ON ANY MATERIAL THAT IS KEPT WITH YOUR CARD. 

You agree to assist us in determining the facts, circumstances and other pertinent information related to any loss, theft or 
possible unauthorized use of your Card or Account and to comply with such procedures as we may reasonably require in 
connection with our investigation, this may include the filing of one or more reports with the appropriate law enforcement 
authorities. Subject to applicable  law,  you acknowledge and  agree that  we may terminate our investigation if  you fail to 
cooperate  to  provide  us  with  assistance  or  to  comply  with  such  procedures,  and  we  otherwise  have  no  information  or 
knowledge of facts confirming  the unauthorized use  of  your Card or  Account. In  such circumstances,  we  will  deem any 
such  use  as  having  been  authorized  by  you  and  you  will  be  liable  for  the  amount  of  any  Transactions  plus  Interest 
Charges  and  Fees  incurred  with  any  such  use.  Subject  to  applicable  law,  you  also  acknowledge  and  agree  that 
unauthorized Card or Account use does not include use of your Card or Account by any person to whom you have given 
authority to use your Card or Account, even if you have attempted to limit the scope of the authority you have granted to 
any  Authorized  User  and  such  Authorized  User  has  exceeded  his  or  her  authority.  You  will  be  liable  for  all  use  of  the 
Account  or  any  Card  by  any  such  Authorized  User,  even  if  that  person  uses  the  Account  or  Card  in  ways  you  did  not 
intend. 

24. Verifications. We verify  your age, social security  number, residence and other identifying  information as required by 
applicable law. 
CAPITAL BANK Open Sky Secured VISA® Credit Card Agreement  10.29.12 

Page 11 

 
25. Re-evaluation of Financial Condition and Credit History. We may re-evaluate your financial condition and investigate 
any information you provided on your Card application at any time, and in the course of doing so, we may obtain a current 
credit report and ask you for any additional information about your financial condition by completing a Personal Financial 
Account Statement or such other form that we request from time to time. You authorize us and 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 the Card, including credit reports from consumer reporting agencies.  

26. Privacy Notice. We respect the privacy of information about you and your Account. Please read our Privacy Notice as 
it is part of this Agreement. We provide our Privacy Notice to all new customers and to current customers on an annual 
basis.  Changes  may  be  made 
is  always  available  at 
www.capitalbankmd.com 

to  our  Privacy  Notice.  Our  current  Privacy  Notice 

27.  Reporting  Information  to  Credit  Bureaus;  Identity  Theft.  We  may  report  information  about  your  Account  to  credit 
bureaus. Late payments, missed payments or other defaults on your Account may be reflected in your credit report. You 
have  the  right  to  dispute  the  accuracy  of  information  we  have  reported.  If  you  believe  that  any  information  about  your 
Account that we have reported to a credit bureau is inaccurate, or if you believe that you have been the victim of identity 
theft in connection with your Account or in connection with any other loan or extension of credit made by us, write us at: 
Capital Bank Card Center Fraud/Dispute Department, P.O. Box 5054, Sioux Falls, SD 57117-5054. Please include  your 
name, address, Account number, telephone number and a brief description of the problem. If available, please include a 
copy of the credit report in question. If you believe that you have been the victim of identity theft, submit an identity theft 
affidavit or identity theft report and, if applicable, and you have this information, include the number of the other loan or 
extension of credit made by us. 

28. Questions. If you have any questions about this Agreement or your Card, please contact us at 1-800-859-6412. 

29.  Account  Settlements.  Any  settlement  of  your  Account  balance  for  less  than  what  is  owed  requires  our  written 
agreement. 

30.  Bankruptcy  Notification.  All  bankruptcy  notices  and  related  correspondence  to  us  should  be  sent  to  the  following 
address: Capital Bank Card Center Bankruptcy Department, P.O. Box 5054, Sioux Falls, SD  57117-5054-5054. 

31. Change of Address and Other Information. You must notify us of any changes to your name, mailing or email address, 
home,  cell  or  business  phone  number,  employment  or  income  within  15  days.  You  can  notify  us  by  calling  the  Capital 
Bank  Card  Center  at  800-859-6412  (605-782-3827  from  outside  the  country),  or  by  writing  to  the  Capital  Bank  Card 
Center, P.O. Box 5054, Sioux Falls, SD  57117-5054-5054. We will rely on your mail and email addresses as they appear 
on our records for any and all Account communications we send to you unless and until either you or, in the case of your 
mailing address, the U.S. Postal Service, notifies us of a change of address and we have had a reasonable opportunity to 
act on such notice. 

32 Correspondence. To the extent permitted under applicable law, any written or electronic correspondence you send to 
us  will  not  be  effective  until  we  receive  and  have  had  a  reasonable  opportunity  to  act  on  such  correspondence.  Any 
written or electronic correspondence we send to you will, however, be effective and deemed delivered when mailed to you 
at  your  mail  address  (or  your  email  address  if  you  have  authorized  electronic  communications)  as  it  appears  on  our 
records. 

33. Telephone Monitoring and Recording. 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, for training and quality control 
purposes and as evidence of your authorization to act in connection with any Transaction or service contemplated by this 
Agreement. However, we are not under any obligation to monitor, record, retain or reproduce such items, unless required 
to do so by applicable law. 

34. Waiver of Rights. Except as may be prohibited by law or regulation, 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 
have not been paid (known as notice of dishonor or notice of default and non-payment). 

35. Third-Party Claims or Defenses. Except as otherwise provided in this Agreement and 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. 

36. 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/or  any  of  our 
rights  and  obligations  under  this  Agreement,  to  another  bank  or  other  third  party  without  prior  notice  to,  or  consent  by, 

CAPITAL BANK Open Sky Secured VISA® Credit Card Agreement  10.29.12 

Page 12 

 
you,  which  notice  or  consent  is  hereby  waived.  Should  we  do  so,  then  to  the  extent  of  any  such  sale,  assignment  or 
transfer, that bank or third party will take our place in this Agreement. 

37. Severability. Except as provided otherwise with respect to the Arbitration Provision, 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. 

38. Section Headings. The Section headings used in this Agreement are for convenience of reference only and do not in 
any way limit or define your or our rights or obligations hereunder. 

39. Entire Agreement. You acknowledge that the terms and conditions set forth in this Agreement and on your card carrier 
constitute  the  entire  agreement  between  you  and  us  with  respect  to  the  Account,  and  supersede  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 or the Card.  

Your Billing Rights: Keep This Document for Future Use 

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

What To Do If You Find A Mistake On Your Account Statement 

If you think there is an error on your statement, write to us at: 

Capital Bank Card Center 
P.O. Box 5054 
Sioux Falls, SD  57117-5054-5054 

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 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. 

CAPITAL BANK Open Sky Secured VISA® Credit Card Agreement  10.29.12 

Page 13 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
•  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 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 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 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: 

Capital Bank Card Center 
P.O. Box 5054 
Sioux Falls, SD  57117-5054-5054 

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  you  do  not  pay,  we  may  report  you  as 
delinquent. 

Additional Disclosures 

CALIFORNIA RESIDENTS: You may apply for an account in your name alone, regardless of your marital status.  

NEW  YORK  RESIDENTS:  You  may  contact  the  New  York  State  Banking  Department  at  1-877-226-

5697 to obtain a comparative listing of all credit card rates, fees and grace periods. 

OHIO RESIDENTS: The Ohio rules 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. 

VERMONT,  RHODE  ISLAND  AND  NEW  YORK  RESIDENTS:  A  credit  report  may  be  requested  in  connection  with 
your application. At your request, Capital Bank (CNB) will tell you whether or not a credit report was obtained and, if so, 
the name and address of the consumer reporting agency that furnished the report. CNB may also request credit reports 

CAPITAL BANK Open Sky Secured VISA® Credit Card Agreement  10.29.12 

Page 14 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
from time to time in connection with any update, renewal or extension of the credit account, whenever CNB believes that 
such action is appropriate. 

MARRIED  WISCONSIN  RESIDENTS:  No  provisions  of  any  marital  property  agreement,  unilateral  statement  under 
§766.59 of the Wisconsin Statutes, or court decree under §766.70 will adversely affect a creditor’s interest unless, prior to 
the time credit is granted, the creditor is furnished a copy of the agreement, statement or decree or has actual knowledge 
of  the  adverse  provision.  If  an  Account  is  opened  for  you,  you  must  notify  your  spouse  about  the  Account  before  any 
payment on the Account is due. YOUR SIGNATURE CONFIRMS THAT CREDIT EXTENDED UNDER THIS ACCOUNT 
WILL BE INCURRED IN THE INTEREST OF YOUR MARRIAGE OR FAMILY. 

Customer Identification Program 

In  accordance  with  the  USA  PATRIOT  Act,  Federal  law  requires  all  financial  institutions  to  obtain,  verify,  and  record 
information  that  identifies  each  individual  or  entity  opening  an  account.  This  includes  all  personal  and  commercial 
accounts. 

What This Means to Our Customers 

When you open an account, you will be asked for your name, address, social security or tax identification number, date of 
birth (if applicable) and other information that will allow us to identify you. You will also be asked to furnish your driver’s 
license or other identifying documents. We are required to follow this procedure each time an account is opened, even if 
you are a current customer. Thank you for helping us to follow this Federally-mandated procedure. 

You  can  view  a  complete  copy  of  the  current  Account  Agreement  on  our  website  at 
www.openskycc.com.    If  you  have  any  questions  or  want  to  discuss  these  account  terms, 
please 
to 
customercare@openskycc.com.  Our experienced specialists are here to help you. 

1.800.859.6412. 

  You 

email 

send 

also 

can 

call 

an 

us 

at 

CAPITAL BANK, N.A. 
One Church St. 
Rockville, MD  20850 
Phone: (855)-763-OPEN  Fax: 215-674-2637 

CAPITAL BANK Open Sky Secured VISA® Credit Card Agreement  10.29.12 

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