Pinnacle   Pinnacle              Standard                  
                     WORLD      Platinum   Platinum    Rewards    Standard   Secured 
                   MasterCard�  MasterCard�  MasterCard�  MasterCard�  MasterCard�  MasterCard� 
  Interest Rates/Charges 
  Annual Percentage Rate 
                   9.99%      9.99%      13.24%      14.24%     14.24%     14.24% 
  (APR) for Purchases 
                   APRs for Purchases will vary with the market based on the Prime Rate. 
  APR for Balance  0% Introductory  0% Introductory  0% Introductory  0% Introductory  0% Introductory  N/A 
  Transfers        APR for 12  APR for 12  APR for 12  APR for 6  APR for 6 
                   months. After  months. After  months. After  months. After  months. After 
                   that, your APR  that, your APR  that, your APR  that, your APR  that, your APR 
                   will be 10.99%.  will be 10.99%.  will be 14.24%.  will be 15.24%.  will be 15.24%. 
                   Non-intro APRs for Balance Transfers will vary with the market based on the Prime Rate. 
  APR for Cash Advances  21.99%  21.99%  21.99%      21.99%     21.99%     21.99% 
                   APRs for Cash Advances will vary with the market based on the Prime Rate. 
  Paying Interest  Your due date is at least 25 days after the close of each billing cycle. We will not charge you any interest 
                   on Purchases if you pay your entire balance by the due date each month.  
  For Credit Card Tips from  To learn more about factors to consider when applying for or using a credit card, visit the website of the 
  the Consumer Financial  Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore.  
  Protection Bureau 
  Fees      
  Annual Fee       $75. Waived for  $50. Waived for  None  $35.  Waived  None  $50 
                   PinnaclePlus  PinnaclePlus or     for first year. 
                   Checking   Pinnacle 
                   Account    Checking 
                              Account 
  Transaction Fees 
                   Greater of $10  Greater of $10  Greater of $10  Greater of $10  Greater of $10  N/A 
    Balance Transfer 
                   or 3% of each  or 3% of each  or 4% of each  or 4% of each  or 4% of each 
                   balance    balance    balance     balance    balance 
                   transfer   transfer   transfer    transfer   transfer 
    Cash Advance   Greater of $10  Greater of $10  Greater of $10  Greater of $10  Greater of $10  Greater of 
                   or 2% of each  or 3% of each  or 3% of each  or 3% of each  or 3% of each  $10 or 3% of 
   
                   cash advance  cash advance  cash advance  cash advance  cash advance  each cash 
   
                                                                           advance 
   
    Account Transfer  $0      $0         $10         $10        $10        NA 
    Foreign Transaction   None  None     None        None       None       None 
  Penalty Fees      
    Late Payment   Up to $25 
    Returned Payment  Up to $20 
   How We Will Calculate Your Balance: We use a method called �average daily balance (including new transactions).� See your Credit Card 
   Agreement (the "Agreement") for details.  
   Loss of Introductory APR: We may end your introductory APR if you make a late payment. 
   Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your Agreement. 
   APRs are accurate as of 10/13. The Margin corresponding to each APR equals the APR minus the Prime Rate of 3.25%.   
   Daily Periodic rates are as follows: 
  Purchases        0.027370%  0.027370%  0.036274%   0.039014%  0.039014%  0.039014% 
  Balance Transfers  0% intro; then  0% intro; then  0% intro; then  0% intro; then  0% intro; then  N/A 
                   0.030109%  0.030109%  0.039014%   0.014175%  0.014175% 
  Cash Advances    0.060246%  0.060246%  0.060246%   0.060246%  0.060246%  0.060246% 
      
      
      
      
      
      
      
      
                                                                         Rev. 9/2013 
                          FIRST NIAGARA CREDIT CARD AGREEMENT 
                          (RETAIL INSTALMENT CREDIT AGREEMENT) 
            
           SECTION  11  OF  THIS  AGREEMENT  IS  AN  ARBITRATION PROVISION.  UNLESS  YOU 
           HAVE  REJECTED  OR  PROMPTLY  REJECT  THE  ARBITRATION  PROVISION  (SEE 
           SECTION 11(n)), THE ARBITRATION PROVISION WILL HAVE A SUBSTANTIAL EFFECT 
           ON YOUR RIGHTS IN THE EVENT OF A DISPUTE, INCLUDING YOUR RIGHT TO BRING 
           OR PARTICIPATE IN ANY CLASS PROCEEDING. 
            
           1. General; Certain Definitions; Rate and Fee Disclosures. This Agreement governs the terms of your 
           Credit Card (�Card�) and Credit Card Account (�Account�) from First Niagara Bank, N.A., a national 
           bank headquartered in New York (the �Bank�). As used in this Agreement, the words �we,� �us� and 
           �our� mean the Bank, the Bank�s successors and assigns, and, for purposes of the Arbitration Provision 
           (Section 11), the other persons identified in the Arbitration Provision. �Our Notice Address� means P.O. 
           Box 928, Lockport, NY 14095-0928, or such other address as we subsequently specify by notice to you. 
           The words �you,� �your,� �yours� and �Cardholder� mean each and every person liable as a holder of the 
           Card.  
            
           We have previously provided or are currently providing you with certain �Rate and Fee Disclosures,� 
           which are a part of this Agreement. Most of the Rate and Fee Disclosures were or are in the form of a 
           chart meeting the requirements of the Federal Truth in Lending Act (�TILA�) and Regulation Z under 
           TILA. The  Rate and  Fee Disclosures include  information about the interest rate  on your Account, 
           including  the  Index  and  Margin  for  determining  the  interest  rate  and  a  current  or  recent  Annual 
           Percentage Rate (�APR�) and Daily Periodic Rate as of a specified time. They also include information 
           about certain fees we charge, as referenced in Section 6(a). For Cardholders who, prior to May 18, 2012, 
           had  a  credit  card  and  account  replaced  by  a  Card  and  Account  under  this  Agreement  (�Initial 
           Cardholders�), the Rate and Fee Disclosures have been supplemented over time by one or more Change 
           in Terms Notices, including a Change in Terms Notice delivered in the Spring of 2012 (the �2012 Spring 
           Notice�). All such Change in Terms Notices are part of the Rate and Fee Disclosures (and, hence, are part 
           of this Agreement). For Cardholders who are not Initial Cardholders, the Rate and Fee Disclosures may 
           be provided in or with a Card carrier (the �Card Carrier�), which is also part of this Agreement. At any 
           time, you can obtain a copy of your entire Agreement, without charge, including updated Rate and Fee 
           Disclosures, as amended, by writing us at Our Notice Address, calling us toll-free at 800-626-0900 or 
           otherwise contacting us using the Customer Service contact information shown on the front of your 
           monthly statements.  
           For Initial Cardholders, this Agreement is dated and is effective on May 18, 2012. For other Cardholders, 
           this Agreement is dated and effective on the date you first use your Card or your Account. The effective 
           date  of  this  Agreement is  the  �Effective  Date.�  You  should  retain  and  carefully  review  the  entire 
           Agreement and should sign your Card before using it. When you use your Account (or sign or keep the 
           Card) you agree to and are bound by the terms and conditions of this Agreement. 
            
           2. Purchases, Cash Advances and Balance Transfers. You may use your Account to purchase or lease 
           goods or services (each such transaction, a �Purchase�) by presenting your Card or providing your Card 
           number and additional information 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 (unless we tell you we will treat the transfer as a Purchase); (d) to transfer funds into 
           a deposit account you have with us, including for at least some Cardholders and deposit accounts, 
                                                                    Rev. 9/2013 
           automatic fund transfers to cover overdrafts that would otherwise occur on the deposit account (an 
           �Account Transfer�); (e) to cash or make a payment using any check we provide to access the Account (a 
           �Convenience Check�); and/or (f) to obtain a �Balance Transfer� by using other procedures we establish 
           for  making  a  Balance  Transfer.  For  all  purposes  of  this  Agreement,  and  no  matter  how  they  are 
           implemented, Balance Transfers and Account Transfers are treated as Cash Advances. Purchases and 
           Cash Advances (including Account Transfers and 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 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. You agree 
           not to post-date any Convenience Check or attempt to stop payment on any Convenience Check. You 
           further agree that we may honor any Convenience Check regardless of whether you have post-dated or 
           attempted to stop payment on the Convenience Check. 
            
           3. Prohibited Uses of Account; Authorized Users. You agree that you will only use the Account 
           for personal, family and household purposes and will not use the Account for any unlawful 
           purpose, to engage in or facilitate internet gambling, to buy �margin stock� or to pay any amount 
           owed to us. You further agree not to use the Account to conduct Transactions in any country or 
           territory or with any individual or entity that is subject to economic sanctions administered and 
           enforced by the U.S. Department of the Treasury�s Office of Foreign Assets Control (�OFAC�). 
           However, if you do engage in Transactions in violation of this paragraph, you will still be liable 
           to us with respect to such Transactions. If you authorize or allow any other person to use your 
           Account (an �Authorized User�), to the extent permitted by applicable law 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 the 
           Account by such Authorized User and/or have advised us that such Authorized User is no longer 
           authorized to use the Account. If you voluntarily provide your Card and/or any related Personal 
           Identification Number (PIN) to any other person, that person is an Authorized User. 
            
           4.  Credit  Limit;  Transaction  Limits.  You  may  engage  in  repeated  Transactions  under  the 
           Account, and the amount of credit available to you will generally be replenished to the extent 
           that you repay any outstanding balance. The �Credit Limit� equals the total amount you are 
           permitted to have outstanding under the Account at any time. We may establish at any time a 
           separate credit limit (the �Cash Advances Credit Limit�) on the total outstanding balance of Cash 
           Advances. The Credit Limit and Cash Advances Credit Limit are disclosed on your Card Carrier, 
           and the Credit Limit will also be shown each month on your monthly statement. You agree not to 
           engage in any Transaction if the outstanding balance of your Account is in excess of the Credit 
           Limit or would exceed the Credit Limit after the Transaction or if the outstanding balance of 
           Cash Advances on your Account is in excess of the Cash Advances Credit Limit or would 
           exceed the Cash Advances Credit Limit after the Transaction. You agree that we are not required 
           to honor any such Transaction. However, if you engage in such a Transaction and we honor such 
           a Transaction, you agree to pay all amounts exceeding the Credit Limit (and the amount of all 
           Cash Advances exceeding the Cash Advances Credit Limit) immediately upon our demand. 
           IMPORTANT CREDIT AVAILABILITY INFORMATION: When you make a payment, we 
           may delay making the payment amount available to re-borrow for a period of up to 7 business 
           days. We may decrease your Credit Limit and/or Cash Advances Credit Limit, suspend or 
           terminate your credit privileges, limit the number or dollar amount of Transactions that can be 
                                                                   Rev. 9/2013 
            
           charged to your Account or close your Account at any time, with or without prior notice, subject 
           to any limitations under applicable law. We will promptly notify you in writing if we take any 
           such action. We may increase your Credit Limit and/or Cash Advances Credit Limit at any time 
           or from time to time, whether or not you request an increase, provided that any increase will be 
           subject to our underwriting approval in our absolute discretion. You agree to provide us from 
           time to time with any financial or other information we reasonably request to determine your 
           appropriate Credit Limit and/or Cash Advances Credit Limit. 
            
           5. Interest Charges. 
           (a) General; Minimum Interest Charges. Each billing cycle, we separately determine the interest 
           charges on standard Purchases, standard Cash Advances and each separate kind of promotional 
           Transaction. For each such �Balance Type,� we determine interest charges each billing cycle by 
           multiplying the Balance Subject to Interest Rate for such Balance Type by the Daily Periodic 
           Rate for such Balance Type and by then multiplying the result by the number of days in the 
           billing cycle. For each Balance Type, the Balance Subject to Interest Rate is the average daily 
           balance (including new Transactions), as calculated pursuant to Section 5(c) below. To get the 
           total interest charges each billing cycle, we add together the interest charges for all Balance 
           Types. However, if there are any interest charges in a billing cycle, the minimum interest charge 
           equals $0.50 or, if less, any minimum interest charge set forth in the Rate and Fee Disclosures. 
           (If there is no reference to a minimum interest charge in the Rate and Fee Disclosures, there will 
           be no minimum interest charge.)  
            
           (b) Interest Rates. (i) In connection with a special promotion, we may charge a fixed rate of interest 
           (which could be as low as a 0% Annual Percentage Rate (�APR�)), and we may charge interest based on 
           an index of our choice. For Initial Cardholders who exercised a right set forth in their 2012 Spring Notice 
           to reject a change in interest rates, we charge a 0% APR on all balances that were outstanding as of the 
           end of the final billing cycle that began prior to the Effective Date. Otherwise, all interest rates may vary 
           based on the �Prime Rate,� as defined below, plus a margin. The Daily Periodic Rate will equal the APR 
           divided by 365. 
            
           (ii) For each billing cycle, the �Prime Rate� is determined as of the first day of the calendar 
           month ended before the beginning of the billing cycle (the �Determination Date�). The �Prime 
           Rate� is the highest U.S. Prime Rate 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 any notice and other requirements of applicable law.) 
           Each billing cycle, the APR for each Balance Type will equal the Prime Rate as of the most 
           recent Determination Date plus the applicable margin set forth in your Rate and Fee Disclosures. 
           However, we will not increase the APR for any billing cycle if we have increased or decreased 
           the APR within three months prior to the beginning of such billing cycle. For example, if we 
           increase or decrease your APR for a billing cycle beginning July 1 in a given year, we will not 
           increase your APR for any billing cycle beginning prior to October 1 of the same year. 
            
           (iii) If and when the APR for a 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 make the minimum required payment (the �Minimum 
                                                                   Rev. 9/2013 
            
           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) Balance Subject to Interest Rate; Grace Period on Purchases. For each Balance Type, the 
           Balance Subject to Interest Rate is the total of the closing daily balances for such Balance Type 
           for all the days in the billing cycle (we treat any negative balance as $0), divided by the number 
           of days in such cycle. Normally, the closing daily balance for each Balance Type equals the 
           balance at the beginning of the day, plus any new Transactions of such type and less any 
           payments or credits applied to such Transactions. However, this is subject to certain adjustments: 
           (i) At the beginning of each billing cycle, we add to the Cash Advances balance any interest on 
           Cash Advances and Cash Advance Fees from the prior billing cycle, and we add to the Purchases 
           balance any interest on Purchases and any other fees from the prior billing cycle not yet added to 
           the  Purchases  balances.  This  results  in  the  monthly  compounding  of  interest.  (ii)  When  a 
           promotional period for a particular promotion ends, as of the beginning of the next billing cycle 
           we will transfer the remaining promotional balance to the regular Purchases balance or regular 
           Cash Advances balance, as applicable. (iii) If your Account balance is $0 at the beginning of a 
           billing cycle or you pay the entire Account balance as of the beginning of the billing cycle by the 
           Payment Due Date that falls in such billing cycle, the billing cycle is a �grace period� and your 
           Balance Subject to Interest Rate on Purchases and your interest charge on Purchases for the 
           billing cycle are both $0. (iv) If the billing cycle is not a grace period but immediately follows a 
           grace period, all payments and credits that are made by the Payment Due Date and are applied to 
           Purchases will first be applied to Purchases from prior billing cycles as of the first day of the 
           billing cycle and will then be applied to prior Purchases in the current billing cycle as of the day 
           of such Purchases (and will not be applied as of the day such payments or credits were actually 
           made or posted). (v) If you get a grace period on Purchases for a billing cycle on account of a 
           payment check that is dishonored in the next billing cycle or a credit that is reversed in the next 
           billing cycle due to the resolution of a billing dispute, we will charge you as of the beginning of 
           the next billing cycle the interest charges you avoided in the prior billing cycle due to the 
           dishonored or reversed payment or credit. 
            
           (d) Interest Accrual Periods. On each Cash Advance, we start charging interest charges from the later of 
           the date of the Cash Advance or the first day of the billing cycle in which it is posted to your Account. On 
           each Purchase: (i) If you get a grace period for the billing cycle in which the Purchase is posted to the 
           Account (the �Purchase Cycle�) and for the next billing cycle (the �Next Cycle�), we charge no interest 
           charges at all. (ii) If you get a grace period for the Purchase Cycle but not for the Next Cycle, we start 
           charging interest charges from the first day of the Next Cycle. (iii) If you do not get a grace period for the 
           Purchase Cycle, we charge interest charges from the later of the date of the Purchase or the first day of the 
           billing cycle in which it is posted to your Account. 
            
           (e) Classification of Fees as Purchases or Cash Advances. For purposes of computing interest 
           charges, Cash Advance Fees are treated as Cash Advances and all other Fees are treated as 
           Purchases. 
            
           6. Fees.  
           (a) Set-up and Maintenance, Transaction and Penalty Fees. Subject to subsection (c), you agree 
           to pay the following fees, in the amounts, at the rates and pursuant to the formulas set forth in the 
                                                                   Rev. 9/2013 
            
           Rate  and  Fee  Disclosures:  (i)  Annual  Fee  (if  applicable,  as  set  forth  in  the Rate  and  Fee 
           Disclosures); (ii) Cash Advance Fee for each Cash Advance that is not a Balance Transfer or 
           Account Transfer; (iii) Account Transfer Fee for each Account Transfer; (iv) Balance Transfer 
           Fee for each Balance Transfer; (v) Late Fee for each Minimum Payment Due that is not paid in 
           full within five days after the Payment Due Date; (vi) NSF Fee each time a check, instrument or 
           other payment on your Account is returned to us unpaid for any reason and each time we must 
           return any payment check or instrument you send us because it is not signed or is otherwise 
           incomplete; (vii) Overlimit Fee each time your Account balance exceeds your Credit Limit at the 
           end of a billing cycle; and (viii) Foreign Transaction Fee (if applicable, as set forth in the Rate 
           and Fee Disclosures) for each Purchase from or Cash Advance obtained through a merchant or 
           financial institution outside the United States. The Foreign Transaction Fee is charged on the 
           gross amount of the Transaction in U.S. Currency. We charge this fee even if the Transaction is 
           denominated in U.S. Dollars. The foreign merchant or financial institution may charge a separate 
           fee. If the Transaction was made in a foreign currency, the Transaction will be converted into a 
           U.S. dollar amount by MasterCard or the foreign merchant or financial institution in accordance 
           with its operating regulations or conversion procedures at the time the Transaction is processed. 
           We do not make the currency conversions ourselves. 
            
           (b) Additional Fees. Subject to subsection (c), we may charge an Expedited Card Delivery Fee of 
           $25 if you request us to expedite the delivery of a Card. Additionally, if you request a special 
           service � for example, if you ask for an additional copy of a statement or have a customer service 
           representative of ours process a payment by phone on an expedited basis � we may charge a fee 
           for such service in accordance with applicable law. We will tell you about the fee before you 
           become liable to pay the fee. 
            
           (c) Fee Limitations. As set forth in the Rate and Fee Disclosures, we charge some but not all 
           customers Annual Fees, Overlimit Fees and Foreign Transaction Fees. Additionally, the fees set 
           forth  in  subsections  (a)  and  (b)  are  subject  to  the  following  limitations,  regardless  of  any 
           inconsistent language in the Rate and Fee Disclosures: (i) We do not intend to charge and you 
           are not obligated to pay any fee (or any amount) prohibited by applicable law, including TILA 
           and Regulation Z. (ii) We do not charge any Late Fee exceeding $25 or the amount of the 
           Minimum Payment Due that is late, whichever is less. (iii) We do not charge any Returned 
           Payment Fee if we are charging a Late Fee with respect to the same Minimum Payment Due. 
           Also, we do not charge any Returned Payment Fee exceeding $25 or the amount of the related 
           Minimum Payment Due, whichever is less. (iv) We do not charge any Overlimit Fee unless you 
           are an Initial Cardholder who expressly consented to our charging this fee prior to May 18, 2012.  
            
           7. Monthly Statements. We will send you monthly statements if and when required by applicable 
           law. Your monthly statements will show, among other matters: 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.  
            
           8. Payments.  
           (a) Each month, you must pay at least the Minimum Payment Due shown on your monthly statement by 
           the �Cut-Off Time� on the Payment Due Date shown on your monthly statement. The Payment Due Date 
           will be at least 25 days after the date of the monthly statement, typically on the same day of each calendar 
                                                                   Rev. 9/2013 
            
           month. If the Payment Due Date falls on a day we do not receive mail (a �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 monthly statement (or closing time of any office of ours you use to make payment in-person).  
            
           (b) The Minimum Payment Due will always equal at least $25 or the New Balance shown on your 
           monthly statement, whichever is less. Subject to this limitation, your minimum payment will equal the 
           sum of the following amounts, rounded up to the nearest dollar: (1) 1% of the New Balance shown on 
           your statement; (2) any interest and fees shown on your statement; (3) any Past Due Amount shown on 
           your statement. 
            
           (c) You agree to make all payments by check or other negotiable instrument drawn on a financial 
           institution located in the U.S., by money order, by electronic transfer of funds to an account we 
           designate pursuant to separate instructions we give you or by some other method we expressly 
           permit. 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 monthly 
           statement (the �Payment Address�) or must be given to us in person at one of our branches. 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 monthly statement. Delayed crediting may cause you to 
           incur additional fees and interest charges, subject to applicable law.  
            
           (d) Subject to applicable law, including TILA and Regulation Z, we may apply payments and 
           other credits to your Account in any manner we choose in our sole discretion.  
            
           (e) 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. 
            
           9. 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 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 agreement you have with us or any of our affiliates.  
            
           10. Our Rights Upon Default. Upon any default, we may take any of the following actions, 
           subject to applicable law (including any applicable notice requirement and/or right to cure): (a) 
           either declare all or any portion of your outstanding Account balance to be immediately due and 
           payable or, without waiving any rights, allow you to repay your Account balance by paying the 
                                                                   Rev. 9/2013 
            
           Minimum Payment Due each billing cycle; (b) terminate or suspend your Account privileges 
           and/or cancel your Card; (c) reduce your Credit Limit or otherwise limit your ability to make 
           Transactions; or (d) 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  (including  court  costs  and  attorneys�  fees  in  connection  with  appeals  and/or 
           bankruptcy proceedings), as permitted by applicable law, if your Account is sent for collection to 
           an attorney who is not our salaried employee. You understand and agree that, subject to 
           applicable law, if you are in default under this Agreement, we or any agent of ours 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 that such calls will not be considered �unsolicited� calls or telemarketing 
           calls for purposes of state or federal law. 
            
           11.  Arbitration  Provision.  Unless  you  have  exercised  or  exercise  your  right  to  reject 
           arbitration under subsection (n) below, the following Arbitration Provision will apply: 
            
           (a) General: Either you or we may elect to arbitrate or 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 Cardholder or Authorized User. 
            
           (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. The party initiating an arbitration selects the Administrator. 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 would purport to override subsection (d) below, captioned �No 
           Class Actions� (the �Class Action Waiver�). 
            
                                                                   Rev. 9/2013 
            
           (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). 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 subsection (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 or Demanding Arbitration: To start an arbitration, the party asserting the Claim (the 
           �Claimant�) must commence the arbitration in accordance with the Administrator�s rules. To 
           require arbitration of a Claim, the party defending the Claim (the �Defending Party�) must give 
           the Claimant a written demand for arbitration. This demand may be given after a lawsuit has 
           been filed and may be given in papers or motions in the lawsuit. If an arbitration is commenced 
           or  an  arbitration  demand  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 collection action we initiate or any individual action brought by you in 
           small claims court or your state�s equivalent court, except if 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 
           otherwise; (ii) act as a private attorney general in court or in arbitration; or (iii) join or 
           consolidate Claims by or against you with claims by or against 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. Even if you do not 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 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 
                                                                   Rev. 9/2013 
            
           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 privilege rules that would apply in 
           a court proceeding, 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 or insolvency (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 with respect to any Claim 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. 
            
           (l) Notice and Cure. Prior to initiating a lawsuit or arbitration regarding a legal dispute or claim relating 
           in any way to this Agreement (as more fully defined in the Arbitration Provision, a �Claim�), the 
           Claimant shall give the Defending Party written notice of the Claim (a �Claim Notice�) and a reasonable 
           opportunity, not less than 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 collection letter we 
           send to this address shall be deemed to be a Claim Notice. Any Claim Notice to us shall be sent to us by 
           certified mail, return receipt requested, at the Notice Address, Attn: Legal Claim (or such other address as 
                                                                   Rev. 9/2013 
            
           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. Upon receipt of a Claim Notice, we will credit your Account for 
           the standard cost of a certified letter. 
            
           (m) Special Payment: If (i) you submit a Claim Notice on your own behalf (and not on behalf of 
           any other party) in accordance with subsection (l), 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 in addition to the attorney, witness and expert fees and 
           costs to which you are entitled.  
            
           (n) RIGHT TO REJECT ARBITRATION. You may reject this Arbitration Provision by 
           sending us a written rejection notice in accordance with this subsection (n). We must 
           receive the rejection notice prior to the Effective Date or within 45 days after the Effective 
           Date. You may not reject arbitration by phone or by any method other than the method 
           described in this subsection (n). In order for a rejection notice to be valid and effective, it 
           must:  (i)  state  that  you  (or  both  or  all  of  you,  if  more  than  one)  wish  to  reject  the 
           Arbitration Provision; (ii) state your name, address and Account number; (iii) be signed by 
           you (or both or all of you, if more than one); and (iv) be sent by certified mail, return 
           receipt requested, to First Niagara Bank, N.A., P.O. Box 558, Harleysville, PA 19438 Attn: 
           Arbitration Rejection. Upon receipt of this notice, we will credit your Account for the 
           standard cost of a certified letter. 
            
           12. Miscellaneous 
           (a)  Changes  to  this  Agreement.  Subject  to  the  Arbitration  Provision  and  applicable  law, 
           including TILA and Regulation Z: (i) 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 or increasing or 
           adding  fees.  (ii)  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. (iii) 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. (iv) No change to any term of this Agreement will excuse your obligation 
           to pay all amounts owing under this Agreement. 
            
           (b) Governing Law. 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, federal law and, to the extent state law applies, New York law 
           (without regard to New York conflict of laws principles). However, the applicable statute of 
           limitations period for all purposes under this Agreement (including the right to collect debt) will 
           be the longer period provided by the law of New York or the jurisdiction where you live. 
                                                                   Rev. 9/2013 
            
            
           (c) Correspondence. All notices to us must be sent to Our Notice Address, with such attention 
           as may be specified in this Agreement. To the extent permitted under applicable law, any notice 
           you send us will not be effective until we receive and have had a reasonable opportunity to act on 
           such notice. 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. 
            
           (d) Reporting Information to Credit Bureaus; Identity Theft. We may report information about your 
           Account  to  other  creditors,  other  financial  institutions  and  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 Our Notice Address, Attn: Fraud/Dispute. 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, you should send us a police report or written statement in a form we provide you alleging 
           that you are the victim of identity theft for a specific debt. Once we receive such documentation, we will 
           cease all debt collection activity until we have reviewed the materials, determined that the debt is still 
           collectible, complied with all obligations under Section 12(z) and sent you a written notice describing the 
           basis for our determination. 
            
           (e) Bankruptcy Notification. All bankruptcy notices and related correspondence to us must be 
           sent to us at Our Notice Address, Attn: Bankruptcy Notice.  
            
           (f) Notices of Change in Circumstances. 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 us toll-free at 800-626-0900 (888-781-3634 from outside 
           the country), or by writing us at Our Notice Address. We will rely on your mail and email 
           addresses as they appear on our records for any and all Account communications we send 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. 
            
           (g) Partial Payments Marked Payment in Full. Any check or other payment you send us for 
           less than the total outstanding balance on your Account that is marked �payment in full� 
           or with any similar language or that you otherwise tender as full satisfaction of a disputed 
           amount must be sent to Our Notice Address, Attn: Payment of Disputed Amount. We may 
           deposit any such payment without such deposit effecting a satisfaction of the disputed 
           amount. 
            
           (h) Inadvertent Overcharges. It is not our intention to charge any interest charges, Fees or other 
           amounts in excess of those permitted by applicable law or this Agreement. If any interest charge, 
           Fee or other amount is finally determined to be in excess of that permitted by applicable law or 
           this Agreement, 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.(i) Delay in Enforcement. 
           We may at any time and in our sole discretion delay or waive enforcing any of our rights or 
                                                                   Rev. 9/2013 
            
           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.  
            
           (j) 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 us toll-free at 800-626-0900 (888-781-3634 from outside the 
           country), or by writing to Our Notice Address, Attn: Fraud/Dispute. 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,  including  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 provide us with any such assistance or to 
           comply with such procedures, and we otherwise have no 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. 
            
           (k) Verifications. We verify your age, social security number, residence and other identifying 
           information as required by applicable law. 
            
           (l) Credit Reports; Evaluation of Financial Condition and Credit History. You understand and agree 
           that we may obtain a consumer credit report in connection with your request for credit and in 
           connection with any updates, renewals or extensions of any credit as a result of your request. If you 
           ask, you will be informed whether or not such a report was obtained and, if so, the name and 
           address of the agency that furnished the report. You understand and agree that we may obtain a 
           consumer credit report in connection with the review or collection of any Transaction made by you 
           or for other legitimate purposes related to such Transactions.  
            
           (m) Account Settlements. Any settlement of your Account balance for less than what is owed 
           requires our written agreement. 
            
           (n) 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, quality control, evidentiary and other purposes. However, we 
           are not under any obligation to monitor, record, retain or reproduce such items, unless required to 
           do so by applicable law. 
                                                                   Rev. 9/2013 
            
            
           (o) Third-Party Claims or Defenses. Except as otherwise provided in this Agreement or 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.  
            
           (p) Assignment. You may not sell, assign or transfer your Account or Card or any of your rights 
           and obligations under this Agreement. However, we may 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 you. 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. 
            
           (q) Severability. Except as provided otherwise in 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. 
            
           (r) 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. 
            
           (s) Entire Agreement. You acknowledge that this Agreement (which includes the Card Carrier 
           and the Rate and Fee Disclosures) constitutes the entire agreement between you and us with 
           respect to the Account and the Card, 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. If we offer or provide rewards in connection with 
           the Account, the agreement and/or disclosures relating to such rewards are separate and not part 
           of this Agreement.  
            
           (t) Security. Notwithstanding any language in any other agreement to the contrary, the Account 
           and your performance under this Agreement are not secured.  
            
           (u) Multiple Cardholders and/or Guarantors. If there are more than one of you and/or one or 
           more guarantors of your obligations under this Agreement: (i) Each of you may engage in any 
           permitted Transaction, without any further authorization from any other of you. (ii) Each of you 
           and  each  guarantor  is  jointly  and  individually  liable  for  all  of  your  obligations  under  this 
           Agreement. We may proceed against any or all of you and/or any or all guarantor(s), and may 
           choose not to proceed against any or all of you and/or any or all guarantor(s), without losing any 
           of our rights against any or all of you and/or any or all guarantors. (iii) You agree not to give 
           conflicting instructions to us. If you do, however, we may ignore all conflicting instructions or 
           instead determine in our discretion to honor any instruction of our choice. (iv) Any of you may 
           terminate the Account at any time. 
            
           (v) Termination of Account. We may close or suspend your Account and/or revoke your Card at any time 
           without prior notice, whenever permitted by applicable law. We may do this at any time and for any 
           reason permitted by law, even if you are not in default. In the event we give you notice that the Account 
                                                                   Rev. 9/2013 
            
           has been terminated or you give us notice that you desire to terminate the Account, upon our request you 
           must return to us all Cards and all unused Convenience Checks. We may either honor or dishonor any 
           request by you to terminate the Account if you fail to return all Cards and unused Convenience Checks. 
           You will remain liable for all Transactions on the Account, including previously authorized recurring 
           Transactions, that are paid after you or we give notice of termination. 
            
           (w) Formal Requirements to Collect Debt. You agree that we are not obligated to: (i) make a 
           formal demand for payment under this Agreement; (ii) provide formal notice that any amount 
           due under this Agreement has not been paid; and/or (iii) provide a certification that any amount 
           due under this Agreement was not paid by the due date. To the extent permitted by applicable 
           law, you agree that, in any collection proceeding by the Bank or a direct or indirect purchaser of 
           the Bank�s rights in your Account, unless you provide affirmative evidence, sufficient to the 
           finder of fact, that our business records are incorrect, the records we maintain in the ordinary 
           course  of  business,  including  monthly  statements  and/or  summaries  of  information  in  our 
           computer records, certified by any custodian of our records as accurate reflections of statements 
           or information in our business records, provide adequate proof of the amounts due hereunder.  
            
           (x) Refunds and Allowances. Any refund or allowance provided to you with respect to any 
           Transaction shall be provided in the form of an Account credit and not a cash payment. 
            
           (y) Security at ATM Facilities. You should take precautions when using your Card (or any other 
           credit or debit card) at an automated teller machine (�ATM�). (i) Under New York law, the 
           activity of each ATM facility must be recorded by a surveillance camera or cameras. (ii) 
           You should close the entry door completely upon entering and exiting an ATM facility. (iii) 
           You  should  not  permit  any  unknown  persons  to  enter  an  ATM  facility  after  regular 
           banking hours. (iv) You should place withdrawn cash securely upon your person before 
           exiting the ATM facility. (v) Complaints concerning security in the ATM facility should be 
           directed to the banking institution�s security department (our phone number for such 
           complaints is 716-625-7500) or the New York State Department of Financial Services at 
           877-226-5697. The nearest available public telephone should be used to call the police if 
           emergency assistance is needed.  
            
           (z) Additional Notices. NOTICE TO THE BUYER: 1. Do not sign this credit agreement 
           before you read it or if it contains any blank space. 2. You are entitled to a completely filled 
           in copy of this credit agreement.  
            
           You may contact the New York State Banking Department to obtain a comparative listing 
           of all credit card rates, fees and grace periods. (New York State Banking Department � 
           877-226-5697) 
            
                      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 Monthly Statement 
           If you think there is an error on your statement, write to us at First Niagara Bank, N.A., P.O. Box 
           928, Lockport, NY 14095-0928. 
            
                                                                   Rev. 9/2013 
            
           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 (and until we have complied 
           with our obligations above): 
                � 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. 
            
                                                                   Rev. 9/2013 
            
           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 First Niagara Bank, N.A., P.O. Box 928, Lockport, NY 14095-0928. 
                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. 
            
                         FIRST NIAGARA CREDIT CARD AGREEMENT 
                        (RETAIL INSTALMENT CREDIT AGREEMENT)  
                                            
                                            
           First Niagara Bank, N.A. 
           By:  
                       
           Matthew C. Wagner, Senior Vice President Director Consumer Business Management 
            
                                                                   Rev. 9/2013