Summary of Terms for 
First Progress 
Secured Credit Cards 
As of 8/15/2014 

Interest Rates and 
Interest Charges 

Platinum Elite 
MasterCard®  Secured 
Credit Card 

Platinum Select 
MasterCard®  Secured 
Credit Card 

Platinum Prestige 
MasterCard®  Secured 
Credit Card 

Annual Percentage Rate 
(APR) for Purchases 

Prime Rate plus Margin 
of 16.74%* 

Prime Rate plus Margin 
of 11.74%* 

Prime Rate plus Margin 
of 8.74%* 

APR for Cash Advances  Prime Rate plus Margin 

of 21.74%* 

Prime Rate plus Margin 
of 16.74%* 

Prime Rate plus Margin 
of 15.74%* 

Paying Interest 

Your payment due date is at least 25 days after the close of each billing cycle. W e will 
not charge you interest on purchases if you pay your entire balance by the due date 
each month. W e will begin charging interest on cash advances on the date of the cash 
advance. 

Minimum Interest Charge 

If you are charged interest, the charge will be no less than $1.50 

Fees 

Annual Fee 

Transaction Fees 

Cash Advance 

$29 

$39 

$44 

Either $10.00 or 3% of the amount of each Cash Advance, whichever is greater 

Foreign Transaction 

3% of the transaction amount 

Penalty Fees 

Late Payment 

Returned Payment 

Up to $37 

Up to $26 

How We Will Calculate Your Balance: We use a method called “daily balance”.   See the Cardholder Agreement for more details. 
* These APRs will vary with the market based on the Prime Rate. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
First Progress CARDHOLDER AGREEMENT 

® 
MASTERCARD 
NEW YORK RESIDENTS: 
RETAIL INSTALMENT CREDIT AGREEMENT 
Dear Cardmember: 

This agreement ("Agreement" or “Cardholder Agreement”), as modified from time to time, will govern the 
use   of   your   First   Progress   MasterCard   Account   ("Account")   by   any   person   designated   on   the 
application,  acceptance  certificate  or  other  written  document  (including  an  electronic  record)  that  you 
signed  or  otherwise  submitted  for  this  Account  ("Application"),  which  is  part  of  this  Agreement  and 
incorporated  herein  by  reference.  The  accompanying  Summary  of  Terms  is  hereby  incorporated  into 
and  made  a  part  of  this  Agreement.   Before  you  use  any  credit  card  ("Card")  that  we  issue  to  you, 
please  thoroughly  read  this  Agreement,  including  the  accompanying  Summary  of  Terms  and  the 
following additional documents, which are part of this Agreement and incorporated herein by reference: 
(i)  the  card  mailer  provided  with  your  Card(s)  when  we  opened  your  Account  ("Card  Mailer"),  (ii)  your 
most  recent  cardholder statement  (existing Accounts only), and  (iii)  any notification  of  changes to  your 
Account  (existing  Accounts  only).  If  you  do  not  wish  to  be  bound  by  this  Agreement  or  to  activate  the 
Account,  do  not use  the  Card and  cut the Card  in  half  and  return  it  to  us at  First  Progress  Card,  P.O. 
Box  84010,  Columbus,  GA  31908-4010.  Any  acceptance,  signing  or  use  of  the  Card  or  Account  will 
constitute  your  consent  and  agreement  to  all  terms,  conditions  and  provisions  set  forth  below  (in  New 
York,  you  must  sign  a  sales  slip  or  memorandum).  If  you  elect  to  close  your  Account  and  notify  us  in 
writing before you make any charges for Purchases or Cash Advances to your Account or pay any Fees, 
including  the  Annual  Fee,  you  will  not  be  responsible  for  any  Fees,  including  the  Annual  Fee,  or  any 
Interest. In such a case, any Fees or Interest charged will be credited back to your Account.  New York 
Residents: You will not be required to pay any annual fee until after the date that you  first sign a sales 
slip or memorandum. 

Please  save  this  Agreement  for  future  reference.  It  contains  important  state  and  federal  disclosures, 
including  Regulation  Z  disclosures  and  disclosures  regarding  your  rights  in  case  of  errors  or  inquiries 
about your bill. 
In this Agreement, "we", "us", and "our" refer to Synovus Bank, 1125 1st  Avenue, Columbus GA  31901, 
the  issuer  of  the  Card,  and  to  its  successors  and  assigns.  The  words  "you"  and  "your"  refer  to  the 
person  who  applied for the  Account,  any co-signer, co-obligor or  guarantor, and each  person  to  whom 
we  issue  a  Card  at  your  request  or  who  uses  a  Card  with  your  consent  (an  "Authorized  User").  The 
words  "Business  Day"  mean  any  day  (excluding  Saturday  and  Sunday  or  legal  holiday)  on  which 
banking  institutions  are  open  for  general  business  in  Georgia.  "Purchases"  mean  using  your  Card  or 
Account  to pay for goods or services.  "Cash Advance" means using  your Card  or Account  to  get  cash 
from ATMs or banks that accept the card or by using cash advance checks ("Convenience Checks") we 
may provide to you. "Interest" means the interest charges  we impose on a Purchase or Cash Advance 
or on Fees or previously accrued interest charges. "Fees" means other amounts added to your Account 
from  time  to  time,  including  Cash  Advance  Fees,  Foreign  Transaction  Fees,  Late  Fees,  Annual  Fees, 
Returned  Payment  Fees,  and  other  fees  we  charge  as  specified  in  this  Agreement.  "Finance  Charge" 
includes both Interest and certain Fees. 

This  Agreement  becomes  effective  on  the  date  (the  "Effective  Date")  we  establish  your  Account  and 
your Deposit Account following the last to occur of (i) our receipt and approval of your Application, and 
(ii) our receipt and final collection of good funds comprising your payment of your initial Deposit (in New 
York, on the date that you first sign a sales slip or memorandum after receipt of the Agreement, if not an 
existing customer). 

To avoid unauthorized use of your Card, please sign the back of your Card immediately. 

1 

 
 
 
 
 
 
 
In the “Security Interest” section that follows next, “Cardholder Agreement” refers to this Agreement, 
including the Security Interest section. 

Security Interest. As a condition to approving an Account for you, you must maintain a deposit with us 
of  not  less  than  $300  (the  "Deposit").  Your  Deposit  will  be  held  in  a  comingled  non-interest  bearing 
deposit account with other customers' deposits ("Deposit Account"). The Deposit Account is insured by 
the  Federal  Deposit  Insurance  Corporation  to  the  extent  permitted  by  law.  You  grant  us  a  security 
interest in and pledge and assign to us that portion of the Deposit Account represented by your Deposit, 
including  any  funds  deposited  following  the  Effective  Date  of  your  Cardholder  Agreement,  to  secure 
payment  of  all  of  your  existing  and  future  obligations  under  your  Cardholder  Agreement  and  on  your 
Account (the "Security Interest"). Except for the Security Interest you are providing us,  you shall cause 
the  Deposit  to  remain  unencumbered  (i.e.  not  subject  to  any  lien,  judgment,  attachment or  execution). 
You may add funds to the Deposit Account only with our approval. If we approve such addition of funds, 
they must be mailed to us using a paper check at the address we specify at the time of approval. You 
are not permitted to initiate electronic transfers to or from the Deposit Account. You may not withdraw or 
transfer funds  from  the  Deposit  Account  other  than  by  our  refund  to  you  of  any  amounts  remaining  of 
your Deposit after your Account is closed and each of the following have occurred: (i) all amounts owed 
to  us  on  your  Account  or  otherwise  owed  under  your  Cardholder  Agreement  are  paid  in  full,  (ii)  we 
receive from you all unexpired Cards, cut in half, and (iii) a period of up to 10 weeks has elapsed since 
your  Account  was  closed  and  your  unexpired  Cards  returned  to  us,  during  which  we  may  retain  any 
amounts  remaining  of  your  Deposit  to  allow  for  any  outstanding  transactions  to  be  posted  to  your 
Account.  If  you  or  we  close  your  Account  for  any  reason,  or  you  are  in  Default  (as  provided  in  your 
Cardholder Agreement), you authorize us, to the extent not prohibited by law, to apply all or any part of 
your  funds  in  the  Deposit  Account  towards  the  outstanding  balance  of  your  Account  and  any  other 
amounts owed under your Cardholder Agreement without giving you prior notice. If we choose not to, or 
otherwise  fail  to  apply  your  funds  in  the  Deposit  Account  towards  amounts  owed  on  the  Account  or 
otherwise  owed  under  your  Cardholder  Agreement,  you  agree  that:  (a)  we  do  not  thereby  waive  any 
right we have to do so at any later time, and to the extent not prohibited by law we may so apply such 
funds at any time, in our sole discretion; and (b) you are not thereby excused from the performance of 
any  obligation  owing  with  respect  to  the  Account  or  otherwise  under  your  Cardholder  Agreement. 
However, if the Account is closed by you or by us for any reason, and we fail to apply your funds in the 
Deposit  Account  towards  amounts  owed  on  the  Account  or  otherwise  owed  under  your  Cardholder 
Agreement,  you  may  request  in  writing  that  we  apply  your  funds  in  the  Deposit  Account  towards  such 
amounts. We will honor any such written request within 10 days after we receive it at P.O. Box 84010, 
Columbus, GA 31908-4010. If the amount of your funds in the Deposit Account exceeds the amount you 
owe us, then, we will refund to you any amounts of your Deposit remaining in the Deposit Account after 
all obligations owed to us are satisfied subject to the time period restrictions described above. Except for 
your Deposit in the Deposit Account, we do not have a security interest in any  other of your property in 
connection with your Account. Funds in the Deposit Account are not held in trust for the Cardholder. 

2 

 
 
 
 
 
 
is 

1.  Using  Your  Card.  You  may  use  your  Card  to 
make  Purchases  or  obtain  Cash  Advances  if  your 
Account 
in  good  standing  and  you  have 
Available Credit, as defined in Section 2 below.   If 
you   give   your   Account   number   to   make   a 
Purchase  or  obtain  a  Cash  Advance  without 
presenting  your  Card  (such  as  for  a  mail  order, 
telephone,  or  Internet  purchase),  the  legal  effect 
will be  the  same  as if the  Card  itself  was used  by 
you.  If  we,  at  our  option,  give  you  a  Personal 
Identification  Number  (PIN),  you  may  also  use 
your  Card  and  a  PIN  to  obtain  Cash  Advances  at 
any  automated  teller  machine  ("ATM")  that  bears 
the  MasterCard  logo.  We  may  impose  restrictions 
on your Account at any time, including restrictions 
on (a) the number of transactions allowed per day; 
(b) the dollar amount of transactions approved; (c) 
your ability to obtain Cash Advances; and (d) your 
ability to use your Card at an ATM. 

You  agree  to  use  your  Account  only  for  personal, 
family  or  household  purposes.  Your  Account  may 
be  used  only  for  valid  and  lawful  purposes.  If  you 
use, or allow someone else to use, your Card and 
Account 
for  any  other  purpose,  you  will  be 
responsible  for  such  use  and  may  be  required  to 
reimburse  us for  all amounts  or  expenses  we  pay 
as a result of such use. You may not use the Card 
or  your  Account  for  any  illegal  transaction  or  any 
gambling  transaction.  We  will  decline  identifiable 
gambling transactions. 

You  should  not  keep  your  PIN  with  your  Card.  If 
you  believe  that  anyone  has  gained  unauthorized 
access 
to  your  PIN,  you  should  advise  us 
immediately,  following  the  procedures  under  the 
heading "Lost or Stolen Card." 

2.  Credit  Limit  and  Available  Credit.  The 
maximum  permitted  outstanding  balance  for  your 
Account  (including  principal,  accrued  Interest  and 
fees,  whether  billed  or  unbilled)  is  your  credit  limit 
("Credit  Limit").  Your  credit  available  ("Available 
Credit")  is  the  Credit  Limit  less  your  outstanding 
balance   and   any   amounts   we   at   our   sole 
discretion  may  add  to  keep  your  outstanding 
balance  below  your  Credit  Limit,  such  as  Interest 
Charges and Fees incurred but not yet billed. The 
initial Credit Limit for your Account will be equal to 

the  amount  of  the  Deposit  that  you  make  with  us, 
which   must   be   at   least   $300   (see   "Security 
Interest"  above).  However,  your  initial  Credit  Limit 
may  not  exceed  $2,000,  or  any  higher  amount 
stated   in   the   solicitation   or   application.   Your 
initially  available  credit  will  be  equal  to  your  initial 
Credit  Limit,  less  the  Annual  Fee  in  the  amount 
specified   in   the   accompanying   Summary   of 
Terms, imposed after your Account is opened. For 
example,  if  your  initial  Credit  Limit  is  $300  and  if 
your  Annual  Fee  specified  in  the  accompanying 
Summary  of  Terms  is  $44,  your  initially  available 
credit  would  be  $256.  (The  renewal  Annual  Fee, 
when  imposed  annually  thereafter,  would  also 
reduce  your  then  available  credit  by  $44.)  Or,  for 
example,  if  your  initial  Credit  Limit  is  $300  and  if 
your  Annual  Fee  specified  in  the  accompanying 
Summary  of  Terms  is  $39,  your  initially  available 
credit  would  be  $261.   (The  renewal  Annual  Fee, 
when  imposed  annually  thereafter,  would  also 
reduce  your then available  credit  by $39.)   Or,  for 
example,  if  your  initial  Credit  Limit  is  $300  and  if 
your  Annual  Fee  specified  in  the  accompanying 
Summary  of  Terms  is  $29,  your  initially  available 
credit  would  be  $271.   (The  renewal  Annual  Fee, 
when  imposed  annually  thereafter,  would  also 
reduce  your  then  available  credit  by  $29.)  Your 
Credit  Limit  may  be  increased  only  with  our 
approval. For cardholders under the age of 21 with 
a  co-signer,  the  cosigner  must  sign  a  written 
statement  approving 
taking 
the 
responsibility  for  repayment  of  the  increase.  If  we 
approve  your  request  to  do  so,  your  Credit  Limit 
and  Available  Credit  may  be  increased  by  your 
making  an  additional  deposit  with  good  funds  to 
your   Account,   by   mailing   them   to   us   at   the 
address  we  specify  at  the  time  of  approval.  We 
may  choose  to  increase  your  Credit  Limit  without 
requiring  you  to  add  to  the  Deposit  Account.  Any 
increases in  your Credit Limit are subject to credit 
approval.   The   maximum   Credit   Limit   you   can 
obtain  over  time  is  $5,000.  Payments  you  make 
on  your  Account  will  not  increase  your  Available 
Credit  until  we  are  assured  that  the  payment  has 
not been dishonored. This payment hold may take 
up 
"Credit 
Availability/Payment Hold" below at Section 5). 

increase  and 

days 

(see 

(10) 

ten 

to 

3 

 
 
 
 
You  agree  not  to  make  any  Purchase  or  obtain 
any  Cash  Advance  that  would  cause  the  unpaid 
principal  balance  of  your  Account  to  exceed  your 
Available Credit. We are not required to allow  you 
to  make Purchases  or Cash  Advances  that, along 
with   billed   and   unbilled   Finance   Charges   and 
Fees,  would  cause  your  outstanding  Account 
balance to exceed your Credit Limit, but, if we do, 
you  will  be  liable  for  any  such  amount.  If  you 
exceed your Credit Limit, we may, at our option, (i) 
charge  you  for  all  Purchases  and  Cash  Advances 
without  giving  up  any  of  our  rights  (ii)  require  that 
you  immediately  pay  to  us  any  amount  in  excess 
of  your  Credit  Limit,  or  (iii)  suspend  or  terminate 
your  use  of  the  Card  or  Account.  If  you  request 
that  your  Credit  Limit  be 
increased  either 
permanently or temporarily,  we have no obligation 
to   do   so;   however,   we   may   make   such   an 
increase if we choose without giving up or waiving 
any  of  our  rights,  and  without  having  to  honor 
other uses which would cause your Credit Limit to 
be  exceeded.  We  may  permanently  increase  or 
decrease    your    Credit    Limit    as    we    deem 
appropriate  with  notice  if  required  by  applicable 
law. 

Changes  in  your  Credit  Limit  do  not  affect  your 
obligation  to  pay  all  amounts  that  you  owe  under 
this Agreement. 

3.      Billing  Statement,  Initial  Annual  Fee  and 
Credit  Availability.  The  initial  Annual  Fee  in  the 
amount  specified  in  the  accompanying  Summary 
of  Terms  will  be  billed  to  your  Account  following 
Card  issuance  and  will  appear  on  your  monthly 
billing    statement    ("Billing    Statement").    Your 
current   Credit   Limit   and   Available   Credit   will 
appear  on  each  Billing  Statement.  Payments  you 
make  on  your  Account  will  not  increase  your 
Available  Credit  until  we  are  assured  that  the 
payment  has  not  been  dishonored.  This  payment 
hold  may  take  up  to  ten  (10)  days  (see  "Credit 
Availability/Payment Hold" below at Section 5). 

4.      Payments.  You  promise  to  pay  us  for  all 
Purchases  or  Cash  Advances  (including  amounts 
advanced  to  any  Authorized  User)  under  this 
Agreement,  plus  all  Interest,  Minimum  Interest 
Charges  and  Fees  assessed  on  those  amounts, 
and   all   other   costs   that   are   applied   to   your 
Account.  You may at any time pay more than  the 

minimum  payment  due  or  pay  the  total  unpaid 
balance  in  full  without  incurring  any  additional 
charge for prepayment. You must pay at least the 
minimum  payment  due  each  month  ("Minimum 
Payment    Due")    as    shown    on    your    Billing 
Statement  so  that  we  receive  it  at  our  processing 
facility   by   5:00   P.M.   Eastern   Time   on   your 
Payment  Due  Date.  The  Payment  Due  Date  will 
be  at  least  twenty-five  (25)  days  after  the  Billing 
Cycle  Closing  Date  and  will  be  the  same  date  of 
each calendar month. All payments must be made 
in  U.S.  dollars,  and  all  checks  or  other  items 
tendered  in  payment  must  be  drawn  on  a  U.S. 
financial  institution.  Payments  must  be  made  in 
accordance  with  any  other  instructions  shown  on 
the Billing Statement. You may make payments to 
our  processing  facility  by  mail  at  the  remittance 
address  shown  on 
face  of  your  Billing 
the 
Statement, online via www.firstprogress.com or by 
phone at 1-866-706-5543. Payments by mail must 
be by check or money order and accompanied by 
the    remittance    coupon    from    your    Billing 
Statement.  Payments  received  in  proper  form  at 
our  processing  facility  by  5  PM  Eastern  Time  on 
any day will be credited to your Account as of that 
day.  Payments  received  in  proper  form  at  our 
processing facility after 5 PM Eastern Time on any 
day will be credited to your Account as of the next 
day. Payments received by any other method may 
be  subject  to  a  delay  in  crediting  of  up  to  5  days 
the  date  of  receipt.  Payments  are  not 
after 
accepted  at  Synovus  Bank  locations.  Delayed 
crediting  of  payments  may  cause  you  to  incur 
additional  charges,  including,  but  not  limited  to,  a 
Late   Fee   and   additional   Interest   charges.   The 
Minimum  Payment  Due  will  equal  the  greater  of 
$37  or  5%  of  your  outstanding  balance,  plus  any 
past  due  amount  and  any  balance  in  excess  of 
your Credit Limit. 

Payments  will  be  applied  from  time  to  time  in  any 
manner  that  we  determine  to  be  in  accordance 
with applicable law, but will ordinarily be applied to 
Interest,  Fees,  and  other  charges  before  principal 
balances.  Payments  in  excess  of  the  Minimum 
Payment  Due  will  be  applied,  in  accordance  with 
applicable  law,  to  your  highest  rate  balances. 
Payments  you  make  on  your  Account  will  not 
increase   your   Available   Credit   until   we   are 
assured 
the  payment  has  not  been 
dishonored. This payment hold may take up to ten 
4 

that 

 
 
 
 
 
(10)  days  (see  "Credit  Availability/Payment  Hold" 
below at Section 5). 

Paying  by  Check.  If  you  pay  by  check,  you 
authorize  us  to  use  information  on  your  check  to 
make   a   one-time   electronic   debit   from   your 
account  at  the  financial  institution  indicated  on 
your  check.  This  electronic  debit  will  be  for  the 
amount  of  your  check;  no  additional  amount  will 
be  added  to  the  electronic  debit.  We  will  process 
your   payment   using   the   Automated   Clearing 
House  (ACH)  system.  When  we  use  information 
from  your  check  to  make  an  electronic  fund 
transfer,  funds  may  be  withdrawn 
from  your 
account as soon as the same day we receive your 
payment.  Electronically  processed  checks  (and 
checks  presented  electronically)  are  not  returned 
to  you  by  your  bank,  but  a  copy  can  be  retrieved 
by  contacting  your  bank.  We  will  retain  an  image 
of your electronically processed check as required 
by  law.  Please  contact  the  Customer  Service 
Department  at  the  telephone  number  on  your 
Billing  Statement  if  you  have  questions  about 
electronic  check  conversion  or  if  you  prefer not  to 
have your check information used in this way. 

Stopping  Convenience  Check  Payments:  You 
agree to notify us in writing sufficiently in advance 
to    request    that    we    stop    payment    on    a 
Convenience   Check.   We   may,   but   are   not 
required  to,  accept  an  oral  stop  payment  request. 
Although we may attempt to stop payment, we are 
under no liability for failure to stop payment. 

5.  Credit  Availability/Payment  Hold.  Payments 
made  by  guaranteed  funds  (for  example,  money 
orders, cashier's checks and Western Union Quick 
Collect)  will  increase  your  Available  Credit  on  the 
day  your  payment  is  posted  to  your  Account.  For 
all  other  payments  (for  example  payments  made 
via  a  checking  account  or  payments  made  via 
another  third  party  payment  system,  which  may 
utilize  a  checking  account),  depending  on  the 
payment  amount  and/or  how  long  your  Account 
has  been  opened,  and  if  you  have  previously 
made  a  payment  that  was  not  honored  for  any 
reason,  such  payment  will  not  increase  your 
Available  Credit  until  we  are  assured  that  the 
payment  has  not  been  dishonored.  This  payment 
hold  may  take  up  to  ten  (10)  days.  If  you  use  a 
payment   service   provided   by   a   third   party   to 

deliver  your  payment  to  us,  that  third  party  may 
charge you a fee for such service; such third party 
fees  are  not  paid  to  us  and  we  will  not  bill  these 
fees to your Account; however, you may authorize 
those charges if you wish. 

the  right 

and  Delay 

to  process  every 

Irregular  Payments 

6. 
in 
Enforcement,  Waivers  and  Releases.  We  can 
accept  late  payments,  partial  payments,  checks, 
and   money   orders   marked   "paid   in   full"   or 
language  having  the  same  effect  without  losing 
any  of  our  rights  under  this  Agreement.  We  are 
under no obligation to hold a post dated check and 
item 
we  reserve 
presented  as  if  dated  the  same  date  received  by 
us  unless  you  give  us  adequate  notice  and  a 
reasonable  opportunity  to  act  on  it.  Except  where 
such  notice  and  opportunity is  given,  you  may not 
hold  us  liable  for  depositing  any  postdated  check. 
You agree not to send us partial payments marked 
recourse,"  or  similar 
"paid 
language.  If  you  send  such  a  payment,  we  may 
accept it without losing any of our rights under this 
Agreement.  All  written 
communications 
concerning  disputed  amounts, 
including  a 
check  or  other  payment  instrument  that  (a) 
indicates 
the  payment  constitutes 
“payment  in  full”  or  is  otherwise  tendered  as 
full  satisfaction of a disputed amount,  or (b) is 
tendered  with  other  conditions  or  limitations, 
must  be  marked  or  delivered  to  us  at  the 
address  for  account  inquiries  shown  on  your 
Billing Statement, not the Payment Address. 

full,"  "without 

that 

in 

7.  Billing  Statements.  We  will  promptly  send  a 
Billing  Statement  at  the  end  of  each  monthly 
Billing  Cycle  if  your  Account  has  a  debit  or  credit 
balance greater than $1.00 or if a Finance Charge 
has   been   imposed.   The   Billing   Statement   will 
show  the  Previous  Balance,  Purchases  and  Cash 
Advances  posted  during  the  Billing  Cycle,  any 
Interest Charges, Other Charges and fees, and all 
payments,  debits,  and  credits  to  your  Account 
through  the  Billing  Cycle  Closing  Date.  It  will  also 
show, among other things, your New Balance, the 
Minimum  Payment  Due,  and  the  Payment  Due 
Date  (which  will  be  at  least  twenty-five  (25)  days 
after the Billing Cycle Closing Date). 

8.  Lost  or  Stolen  Card.  If  you  notice  the  loss  or 
theft  of  your  Card  or  a  possible  unauthorized  use 
of  your Card, write  to us at  First Progress Card, 

5 

 
 
 
 
 
 
 
PO Box 84010, Columbus, GA 31908-4010 or call 
us  toll  free  at  1-866-706-5543.  You  will  not  be 
liable  for  any  unauthorized  use  of  your  Card  that 
occurs  after  you  notify  us.  In  any  case,  your 
liability  will  not  exceed  $50.00.  In  New  York,  you 
will  not  be  liable  for unauthorized  use  of  the  Card 
that occurs prior to the Effective Date. 

9. Paying Interest. Interest accrues on Purchases 
beginning  on  the  date  a  Purchase  is  posted  to 
your  Account.  However, 
interest  will  not  be 
imposed on Purchases we post to your Account in 
any  Billing  Cycle  in  which  the  Previous  Balance 
shown  on  your  Billing  Statement  for  that  Billing 
Cycle  is  zero  or  paid  in  full  by  the  Payment  Due 
Date during that Billing Cycle, if you pay your New 
Balance  in  full  by  the  Payment  Due  Date  shown 
on   that   Billing   Statement.   Interest   accrues   on 
Cash Advances beginning on the transaction date. 
There  is  no  time  within  which  you  can  pay  the 
balance of a Cash Advance to avoid Interest. How 
to  Avoid  Paying  Interest  on  Purchases:  Your 
Payment  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 
New  Balance  by  the  Payment  Due  Date  each 
month. 

How  We  Compute  the  Annual  Percentage  Rate 
(APR)  and  Daily  Periodic  Rate.  The  APR  for 
Purchases  and  the  APR  for  Cash  Advances  are 
calculated  by  adding  the  Margins  disclosed  in  the 
accompanying  Summary  of  Terms  to  the  Prime 
Rate  reported  in  The  Wall  Street  Journal  on  the 
first Tuesday of every month, or if The Wall Street 
Journal  is  not  published  on  that  day,  on  the  next 
publication  day.  APRs  are  adjusted  monthly, 
effective  as  of  the  first  day  of  your  first  Billing 
Cycle  ending  on  or  after  the  date  of  the  Prime 
Rate  change.  APRs  will   vary  with  the  market 
based  on  variations  in  the  Prime  Rate.  The 
applicable  Daily  Periodic  Rate  will  be  equal  to 
1/365  of  the  applicable  APR.  The  accompanying 
Summary   of   Terms   shows   the   Daily   Periodic 
Rates  and  corresponding APRs  determined under 
the  above  formula,  as  of  the  date  specified  in  the 
Summary  of  Terms.  If  the  Prime  Rate  increases 
the Daily Periodic Rate and corresponding Annual 
Percentage  Rate  under  the  above  formula  may 
increase.  As  a  result,  the  Interest  Charges,  the 
Minimum   Payment   Due   and   the   number   of 

payments may also increase. 

Minimum  Interest  Charge.  If  your  Account  is 
subject to an Interest charge during any Billing 
Cycle,  the  Minimum  Interest  Charge  will  be 
$1.50,  if  the  calculated  Interest  charge  would 
otherwise be less. 

How   We   Compute   the   Balance   Subject   to 
Interest Rate. 
Interest for a Billing Cycle  is calculated separately 
for  Purchase  and  Cash  Advance  balances. 
Convenience  Checks  are  included  in  the  Cash 
Advance  balance.  For  each  balance  type  we  use 
the  daily  balance  method 
(including  current 
transactions).  For  each  balance  type,  we  figure 
the  interest  charge  on  your  account  by  applying 
the    applicable    Daily    Periodic    Rate    to    the 
applicable "daily balance" of your account for each 
day in the Billing Cycle. To get the "daily balance" 
for  Purchases,  we  take  the  beginning  Purchases 
balance  of  your  account  each  day  (including  any 
unpaid  Interest,  Minimum  Interest  Charges  and 
Fees), add any new Purchases and Fees, and any 
Interest  accrued  on 
the  previous  day's  daily 
balance, and subtract the applicable portion of any 
new   payments   or   credits.   To   get   the   "daily 
the 
for  Cash  Advances,  we 
balance" 
beginning    Cash    Advances    balance    of    your 
account  each  day  (including  any  unpaid  Interest 
and  Fees),  add  any  new  Cash  Advances  and 
Fees,  and  any  Interest  accrued  on  the  previous 
day's  daily  balance,  and  subtract  the  applicable 
portion  of  any  new  payments  or  credits.  (All  Fees 
are   included   in   the   Purchases   daily   balance 
except  Cash  Advance  Fees  and  Foreign 
Transaction   Fees   related   to   Cash   Advances, 
which  are  included  in  the  Cash  Advances  daily 
balance.)  The  total  Interest  for  the  Billing  Cycle  is 
the  sum  of  the  daily  interest  charges  for  each 
balance   type   for   each   day   during   that   Billing 
Cycle.  Your  Billing  Statement  will  show a  Balance 
Subject  to  Interest  Rate  for  each  balance  type. 
That  Balance  Subject  to  Interest  Rate  is  the 
average  of  the  daily  balances  during  the  Billing 
Cycle, which is their sum divided by the number of 
days in the Billing Cycle. 

take 

The method we use to figure the daily balance and 
Interest results in daily compounding of interest. 

6 

 
 
 
 
 
 
10. Fees 

Cash  Advance  Fee.  In  addition  to  the  periodic 
Interest  on  Cash  Advances,  a  Cash  Advance  Fee 
as  specified  in  the  accompanying  Summary  of 
Terms  will  be  posted  to  your  Account,  and  such 
fee  is  included  in  your  daily  balance  for  Cash 
Advances  for  the  purpose  of  calculating  Interest. 
The Cash Advance Fee is a Finance Charge. 

in 

Foreign  Transaction  Fee.  We  will  assess  a 
the 
Foreign  Transaction  Fee  as  specified 
for  any 
accompanying  Summary  of  Terms 
transaction  made  in  a  foreign  currency  that  is 
converted 
to  U.S.  dollars  by  MasterCard 
International. This Foreign Transaction Fee will be 
applied  to  all  transactions  posted  to  your  Account 
in  a  foreign  currency,  including  all  Purchases, 
Cash   Advances,   and   returns   and   adjustments 
(e.g., 
the 
purpose  of  calculating  Interest  is  included  in  the 
daily  balance  for  the  same  daily  balance  type 
(e.g.,  Purchases  or  Cash  Advances)  as 
the 
transaction  to  which  the  Foreign  Transaction  Fee 
relates. A portion of each Foreign Transaction Fee 
is  passed  on  by  us  to  MasterCard  International  in 
connection  with  each  foreign  transaction.  The 
Foreign Transaction Fee is a Finance Charge. 

for  returned  merchandise)  and 

for 

Other Fees. The following fees will be charged to 
your  Account  as  a  Purchase  for  the  purpose  of 
calculating Interest: 

Annual  Fee:  Your  Account  will  be  assessed  an 
Annual  Fee  as  specified  in  the  accompanying 
Summary  of  Terms  after  your  Account  is  opened 
and  annually  thereafter.  The  Annual  Fee  is  non- 
refundable   except   as   provided   in   Section   13 
below.  Your  payment  of  the  Annual  Fee  does  not 
affect  our  right  to  close  your  Account  or  to  limit 
your ability to make transactions on your Account. 

Late  Payment  Fee.  If  we  do  not  receive  at  least 
the  Minimum  Payment  Due  by  the  Payment  Due 
Date shown on  your Billing Statement, you  will be 
charged a Late Payment Fee of up to up to $26.00 
(up  to  $37.00  if  you  have  been  subject  to  a  Late 
Payment  Fee  during  any  of  the  preceding  six 
Billing  Cycles).  We  may  also  refer  to  this  Fee  as 
the "late fee" or "late charge." 

Returned   Payment   Fee.   If   your   payment   by 
check  or  other  payment  instrument  (including  an 
electronic funds transfer or a telephone authorized 
draft)  is  not  honored  for  any  reason  or  cannot  be 
processed,  we  will  charge  a  Returned  Payment 
Fee of up to $26.00. 

Billing  Statement  Copy  Fee.  If  you  request  an 
additional copy of  a Billing Statement that is more 
than  six  (6)  months  old,  we  will  charge  you  a 
Billing  Statement  Copy  Fee  of  $1.00  for  each 
Billing  Statement  requested  to  the  extent  not 
prohibited by law. 

Expedited  Telephone  Payment  Fee.  We  may 
make available at our customer service number an 
expedited  telephone  payment  service  involving 
assistance by one of our associates or agents. We 
will  charge  a  $10.00  Expedited  Telephone 
Payment  Fee 
for  each  expedited  payment 
authorized by telephone in this way. 

11.  Default/Collection  Costs.  Subject  to  the 
limitations  of  applicable  law,  your  Account  will  be 
in  default  ("Default"),  and  we  may  demand 
immediate  payment  of  the  entire  amount  you  owe 
us  without  giving  you  prior  notice,  if:  (a)  your 
Minimum  Payment  Due  is  not  received  by  the 
Payment  Due  Date;  (b)  you  make  Purchases  or 
obtain  Cash  Advances  in  excess  of  your  Credit 
Limit; (c) you become insolvent or are a party to a 
bankruptcy   proceeding;   (d)   you   die;   (e)   you 
misuse the Account or Card or violate any term of 
this  Agreement;  (f)  any  judgment  or  lien  is  fled 
against  you  or  the  Deposit;  (g)  to  the  extent 
permitted  by  law,  we  reasonably believe  that  your 
ability  to  repay  your  obligations  to  us  has  been 
materially impaired; (h) you fail to honor any of the 
terms  or  your  promises  made  in  this  Agreement, 
or  (i)  you  provide  us  with  any  false  or  misleading 
information  or  signatures  on  the  Application  or  in 
any  other  communication  with  us  or  on  any  other 
account with us. We shall also have the right to all 
including,  without 
remedies  provided  by 
limitation,  closing  or  refusing 
to  renew  your 
Account  and  demanding  return  of  your  Card(s). 
Our failure to declare your Account in default does 
not  excuse  you 
from  performing  all  of  your 
obligations under this Agreement, and such failure 
shall   not   constitute   a   waiver   of   our   rights   to 
declare the Account in default and  terminate your 

law 

7 

 
 
 
 
 
 
 
 
 
ability  to  use  the  Account  and  the  Card  at  a  later 
time  or  upon  the  occurrence  of  the  same  or  a 
different event of default. 

is  not  our 

If  we  refer  your  Account  for  collection  to  an 
regularly  salaried 
attorney  who 
employee,  you  agree  to  pay  the  reasonable  fees 
of such attorney and, whether or not an attorney is 
retained,  all  court  and  other  collection  costs, 
including  any  amounts  actually  incurred  by  us  in 
recovering your Card(s), to the greatest extent not 
prohibited by law. 

12.      Refusals  to  Honor  Card.  We  are  not 
responsible if any bank,  merchant or other person 
refuses  to  honor  your  Card.  Except  as  otherwise 
required  by  law  or  regulations,  we  will  not  be 
responsible    for    merchandise    or    services 
purchased through use of your Card. 

13.   Account  Closing  Prior  to  Use;  Annual  Fee 
Refund.  If  you  elect  to  close  your  Account  and 
notify  us  in  writing  before  you  make  any  charges 
for  Purchases  or  Cash  Advances  to  your  Account 
or  pay  any  Fees,  including  the  Annual  Fee,  you 
will not  be  responsible  for  any Fees, including  the 
Annual  Fee,  or  any  Interest.  In  such  a  case,  any 
Fees  or  Interest  charged  will  be  credited  back  to 
your  Account.  (New  York  Residents:  You  will  not 
be  required  to  pay  any  Fee,  including  the  Annual 
Fee,  or  any  Interest  until  after  the  date  that  you 
first  sign  a  sales  slip  or  memorandum.)  Except  as 
provided above, to the extent not prohibited by law 
the  Annual  Fee  is  non-refundable  unless,  in  the 
case of a renewal Annual Fee, you sent us written 
notice   of   termination   in   accordance   with   (and 
within  the  30  day  period  specified  in)  our  annual 
renewal  notice  sent  to  you  prior  to  your  Billing 
Cycle  in  which  the  renewal  Annual  Fee  is  billed. 
However,  if  we  close  your  Account  for  a  reason 
other than at your request and other than for your 
Default,  as  set  forth  in  Section  11  above,  you  will 
be  entitled  to  a  pro-rata  refund  of  the  portion  of 
your  Annual  Fee  which  corresponds 
the 
remaining  portion  of  the  annual  period  for  which 
the Annual Fee was imposed. 

to 

14.  Termination.  You  or  we  may  close  your 
Account  or  terminate  your  privileges  under  this 
Agreement  or  cancel  or  limit  your  privileges  to 
make Purchases or obtain Cash Advances at any 

time,  with  or  without  cause,  subject  to  applicable 
notice requirements. If you or we terminate your 
Account,  you  promise  that  any  amounts  that 
you owe us at the time of termination, plus any 
new  Purchases  or  Cash  Advances,  plus  any 
Interest  Charges,  other  Finance  Charges  and 
other Fees and charges that will continue to be 
imposed  at  the  rates  and  in  the  amounts 
specified  in  this  Agreement,  will  be  repaid 
according  to  this  Agreement.  You  agree  that 
you  will  not  try  to  make  any  Purchases  or  obtain 
Cash  Advances  after  you  have  been  notified  that 
your  privileges  to  use  your  Account  have  been 
canceled.  To  terminate  your  Account,  you  must 
give  us  written  notice  of  your  intent  to  terminate 
your  Account  at  the  address  for  inquiries  shown 
on  your  Billing  Statement.  Your  notice  of 
termination  will  become  effective  as  soon  as  we 
can  reasonably  act  on  it.  If  you  or  we  close  your 
Account  for  any  reason,  you  authorize  us,  to  the 
extent  not  prohibited  by  law,  to  apply  all  or  any 
part  of  your  funds  in  the  Deposit  Account  towards 
all  amounts  owed  on  the  Account  or  otherwise 
owed  under  this  Agreement,  as  provided  above 
under "Security Interest". 

15.  Notices.  We  will  send  Billing  Statements  and 
any  other  notices  to  you  at  the  address  shown  in 
our  files.  You  promise  to  inform  us  promptly  in 
writing  of  any  change  in  your  address  or  other 
contact information. Any written notice from you to 
us regarding this Agreement or your Account must 
be  sent  to  us  at  First  Progress  Card,  PO  Box 
84010,  Columbus,  GA  31908-4010  or  call  us  toll 
free  at  1-866-706-5543,  or  to  such  other  address 
as  we  may  give  you,  and  shall  be  effective  only 
when 
In 
determining  your  last  known  address,  we  can 
accept address corrections received from the U.S. 
Postal Service. 

received  by  us  at  such  address. 

16.  Changes  in  Agreement  Terms.  We  can 
change  any  term  of  this  Agreement,  including  the 
rate at which or manner in which Interest Charges 
or  other  Finance  Charges  or  Fees  are  calculated, 
in  our  sole  discretion,  upon  such  notice  to  you,  if 
any,  as  is  required  by  law.  Changes  in  Interest 
Charges  or  other  Finance  Charges  or  Fees  will 
apply to all new activity on  your Account once the 
change 
is  effective,  and  may  apply  to  your 
outstanding balance when not prohibited by law. 

8 

 
 
 
 
 
 
 
BY 

BE 

RESOLVED 

17. Arbitration. 
PLEASE  READ  THIS  PROVISION  OF  THE 
AGREEMENT  CAREFULLY.  UNLESS  YOU 
EXERCISE  YOUR  RIGHT  TO  OPT-OUT  OF 
ARBITRATION  IN  THE  MANNER  DESCRIBED 
BELOW,  YOU  AGREE  THAT  ANY  DISPUTE 
WILL 
BINDING 
ARBITRATION.  ARBITRATION  REPLACES  THE 
RIGHT  TO  GO  TO  COURT,  INCLUDING  THE 
RIGHT  TO  HAVE  A  JURY  TRIAL,  TO  ENGAGE 
IN  DISCOVERY 
(EXCEPT  AS  MAY  BE 
PROVIDED    FOR    IN    THE    ARBITRATION 
RULES),  AND  TO  PARTICIPATE  AS  A 
REPRESENTATIVE  OR  MEMBER  OF  ANY 
CLASS  OF  CLAIMANTS  OR 
IN  ANY 
CONSOLIDATED  ARBITRATION  PROCEEDING 
OR  AS  A  PRIVATE  ATTORNEY  GENERAL. 
OTHER  RIGHTS  THAT  YOU  WOULD  HAVE  IF 
YOU  WENT  TO  COURT  MAY  ALSO  BE 
UNAVAILABLE IN ARBITRATION. 

Agreement  to  Arbitrate.  You  and  we  agree  that 
any  Dispute  (defined  below)  will  be  resolved  by 
Arbitration.    This    agreement    to    arbitrate    is 
governed  by the  Federal Arbitration Act,  9  U.S.C. 
§ 1 et seq., and the substantive law of the State of 
Georgia (without applying its choice-of-law rules). 

independent 

What  Arbitration  Is.  "Arbitration"  is  a  means  of 
third  party  resolve  a 
having  an 
Dispute. A "Dispute" is any claim or controversy of 
any kind between you and us. The term Dispute is 
to  be  given  its  broadest  possible  meaning  and 
includes,  without  limitation,  all  claims  or  demands 
(whether  past,  present,  or  future,  including  events 
that  occurred  prior  to  the  opening  of  this  Account 
and whether or not a credit card  is issued), based 
on  any  legal  or  equitable  theory  (contract,  tort,  or 
otherwise)  and  regardless  of  the  type  of  relief 
sought (i.e., money, injunctive relief, or declaratory 
relief). A Dispute includes, by way of example and 
without  limitation,  any  claim  based  upon  a  federal 
or state constitution, statute, ordinance, regulation, 
or  common  law,  and  any  issue  concerning  the 
validity,  enforceability,  or  scope  of  this  arbitration 
agreement. 

Opt-Out  of  Arbitration.  You  may  opt-out  or 
reject  arbitration  by  sending  a  notice 
(“Rejection   Notice”)   that   we   receive   within 

forty-five (45) Business Days after the Effective 
Date.  Any  Rejection  Notice  must  be  signed  by 
you  and  must  include  your  name,  address, 
telephone  number  and  last  four  digits  of  the 
Account number. 

Where to Send Notice to Opt-out of Arbitration. 
You  must  mail  the  Rejection  Notice  by  certified 
mail  return  receipt  requested  or  send 
it  by 
messenger  service  (such  as  Federal  Express)  to 
us  at  First  Progress  Card,  PO  Box  84010, 
Columbus,  GA  31908-4010.  In  the  event  of  any 
dispute  concerning  whether  you  have  provided  a 
Rejection  Notice  within  the  time  permitted,  you 
must  provide  a  signed  receipt  confirming  that  you 
sent  it  to  us  in  time.  This  is  the  only  method  you 
can use to reject this arbitration provision. 

How  Arbitration  Works.  If  a  Dispute  arises,  the 
party  asserting  the  claim  or  demand  must  initiate 
arbitration,  provided  you  or  we  may  first  try  to 
resolve the matter informally or through customary 
business   methods,   including   collection   activity. 
The party fling for arbitration must choose either of 
the  following  arbitration  firms  for  initiating  and 
pursuing  arbitration: 
the  American  Arbitration 
Association  ("AAA")  or  JAMS,  The  Resolution 
Experts  ("JAMS")  (collectively  "Administrators").  If 
the parties mutually agree, a private party, such as 
a retired judge, may serve as the arbitrator. If  you 
claim  you  have  a  Dispute  with  us,  but  do  not 
initiate  for  arbitration  or  select  an  arbitrator,  we 
may  do  so.  You  may  obtain  copies  of  the  current 
rules of each of the arbitration firms and forms and 
instructions    for    initiating    for    arbitration    by 
contacting them as follows: 

American Arbitration Association 335 
Madison Avenue, Floor 10 New York, NY 
10017-4605 Website: www.adr.org 

JAMS 1920 Main Street Suite 300 Irvine, 
CA 92614 Website: www.jamsadr.com 

The  policies  and  procedures  of  the  selected 
arbitration  firm  will  apply  provided  such  policies 
and  procedures are consistent  with  this arbitration 
agreement.  To  the  extent  the  arbitration  firm’s 
rules or procedures are different than the terms of 
this 
this  arbitration  agreement, 
arbitration agreement will apply. 

terms  of 

the 

9 

 
 
 
 
 
 
 
 
 
 
 
Waiver  of  Jury  Trial  and  Class  Action  Waiver. 
Unless  you  opt-out  of  arbitration,  which  you 
have  the  right  to  do  as  described  above,  you 
are waiving  your  right  to  a  jury  trial,  to  have  a 
court  decide  your  Dispute,  to  participate  in  a 
class action lawsuit or class arbitration, and to 
certain  discovery  and  other  procedures  that 
are  available  in  a  lawsuit.  You  and  we  agree 
that  the  arbitrator  has  no  authority  to  conduct 
class-wide  proceedings  and  is  only authorized 
to resolve the individual Disputes between you 
and  us.  The  validity,  effect,  and  enforceability 
of   this   waiver   of   class   action   lawsuit   and 
class-wide  arbitration,  if  challenged,  are  to  be 
determined  solely  by  a  court  of  competent 
jurisdiction  and  not  by  the  AAA,  JAMS,  or  the 
arbitrator.  If  such  court  refuses  to  enforce  the 
waiver  of  class-wide  arbitration,  the  Dispute 
will  proceed  in  court.  The  arbitrator  has  the 
ability  to  award  all  remedies  available  by 
statute,  at  law,  or  in  equity  to  the  prevailing 
party  including  but  not  limited  to  attorneys 
fees and costs. 

Starting  the  Arbitration.  Any  party  to  a  Dispute, 
including  related  third parties,  may  send  the  other 
party written notice by certified mail, return receipt 
requested,  of  their  intent  to  arbitrate  and  setting 
forth the subject of the dispute along with the relief 
requested, even if a lawsuit has been fled. 

Selection  of  Arbitrator.  Regardless  of  who 
demands  arbitration,  you  shall  have  the  right  to 
select  either  the  American  Arbitration  Association 
or  JAMS.  Their  contact  information  is  above. 
However,  the  parties  may  agree  to  select  a  local 
arbitrator  who  is  an  attorney,  retired  judge,  or 
arbitrator  registered  and  in  good  standing  with  an 
arbitration  association  and  arbitrate  pursuant  to 
such  arbitrator's  rules.  The  party  receiving  notice 
of  arbitration  will  respond  in  writing  by  certified 
mail,  return  receipt  requested,  within  twenty  (20) 
days.  If  you  demand  arbitration,  you  must  inform 
us  in  your  demand  of  the  arbitration  organization 
you have selected or whether you desire to  select 
a  local  arbitrator.  If  related  third  parties  or  we 
demand  arbitration,  you  must  notify  us  within 
twenty (20) days in writing by certified mail, return 
receipt requested, of your decision to select one of 
the  Administrators  or  your  desire  to  select  a  local 
arbitrator. If you fail to notify us, then we have the 

right  to  select  one  of  the  Administrators.  In  the 
event  that  both  of  the  Arbitration  organizations 
mentioned  above  will  not  appoint  someone  to 
serve  as  an  arbitrator  for  the  Dispute  because 
these  organizations  no  longer  administer  the  type 
of Dispute or otherwise, either party can petition a 
court  of  competent  jurisdiction  to  have  the  court 
appoint the arbitrator. 

What  Rules  Apply  to  the  Arbitration.  The 
arbitrator  shall  apply  applicable  substantive  law 
consistent   with   the   Federal   Arbitration   Act,   9 
U.S.C. §§ 1 et seq. ("FAA"), applicable statutes of 
limitation,  and  shall  honor  claims  of  privilege 
recognized at law. The parties to such Dispute will 
be  governed  by  the  rules  and  procedures  of  the 
Administrator  selected  applicable  to  consumer 
disputes  to  the  extent those  rules  and  procedures 
do  not  contradict 
this 
Arbitration  Provision,  including  the  limitations  on 
the arbitrator in this Arbitration Provision. You may 
obtain  a  copy  of  the  rules  and  procedures  by 
contacting the arbitration organization listed above 

the  express 

terms  of 

Other   Arbitration   Rules.   In   addition   to   the 
parties'  rights  to  obtain  discovery  pursuant  to  the 
applicable  arbitration  rules,  either  you  or  us  may 
submit a written request to the arbitrator to expand 
the scope of discovery normally allowed under the 
rules  of  the  Administrator  selected.  The  arbitrator 
shall   have   discretion   to   grant   or   deny   such 
request. The arbitrator may decide, with or without 
a  hearing,  any  motion  that  is  substantially  similar 
to a motion to dismiss for failure to state a claim or 
a motion for summary judgment. In conducting the 
arbitration,   the   arbitrator   shall   not   apply   any 
federal rules of civil procedure or evidence. 

the  expenses  associated  with 
including 

Payment  of  Arbitration  Fees.  If  you  demand 
arbitration,  then  at  your  request  we  will  pay  your 
portion  of 
the 
arbitration, 
fling,  administrative, 
the 
hearing  and  arbitrator's  fees  but  not  attorneys' 
fees or costs (collectively the "Arbitration Fees"). If 
related third parties or we demand arbitration, then 
at  your  written  request  we  will  pay  your  portion  of 
the  Arbitration  Fees.  Throughout  the  arbitration, 
each  party  shall  bear  his  or  her  own  attorneys' 
fees  and  expenses,  such  as  witness  and  expert 
witness  fees  provided  that  we  will  pay  your 
attorney's    fees    and    costs    if    the    arbitrator 

10 

 
 
 
 
 
 
determines  that  under  the  law  we  are  required  to 
pay them. 

Location of Arbitration. The arbitration hearing 
will be conducted in the county of your residence, 
within 30 miles from such county, or in such other 
place as shall be ordered by the arbitrator. 

Survival. This arbitration provision shall survive: 
(1) termination or changes to this Agreement, the 
Account, or the relationship between you and us 
concerning the Account; 
(2) the bankruptcy of any party; and 
(3) any transfer, sale, or assignment of your 
Account, or any amounts owed on your Account, 
to any other person or entity. 

Applicable Law and Review of Arbitrator’s 
Award. 
The  arbitrator  shall  apply  applicable  federal  and 
Georgia  substantive  law  and  the  terms  of  this 
Agreement. The arbitrator must apply the terms of 
this  arbitration  agreement, 
including  without 
limitation  the  waiver  of  class-wide  arbitration.  The 
arbitrator  shall  make  written  findings  and  the 
arbitrator's  award  may  be  fled  with  any  court 
having  jurisdiction.  The  arbitration  award  shall  be 
supported  by  substantial  evidence  and  must  be 
consistent with this Agreement and with applicable 
law, and if it is not, it may be set aside by a court. 
The  parties  shall  have,  in  addition  to  the  grounds 
referred  to  in  the  Federal  Arbitration  Act  ("FAA") 
for  vacating,  modifying,  or  correcting  an  award, 
the  right  to  judicial  review  of  (a)  whether  the 
findings  of  fact  rendered  by  the  arbitrator  are 
supported    by    substantial    evidence,    and    (b) 
whether  the  conclusions  of  law  are  erroneous 
under  the  substantive  law  of  the  State  of  Georgia 
and  applicable  federal  law.  Judgment  confirming 
an  award  in  such  a  proceeding  may  be  entered 
only  if  a  court  determines  that  the  award  is 
supported   by   substantial   evidence   and   is   not 
based  on  legal  error  under  the  substantive  law  of 
the State of Georgia and applicable federal law. 

18.  Law  that  Applies  to  this  Agreement.  This 
Agreement  is  entered  into  between  you  and  us  in 
Georgia,    and    our    decisions    regarding    the 
extension  of  credit  to  you  are  made  in  Georgia. 
Federal  and  Georgia  law  (other  than  its  internal 
conflict of laws rules) will apply to any controversy, 

claim,  or  Dispute  arising  from  or  relating  in  any 
way  to  the  subject  matter  of  this  Agreement  and 
your  Account, 
limitation, 
statutory, equitable, and tort claims. 

including,  without 

19.  Binding  Effect.  This  Agreement  is  binding 
upon  and  enforceable  against  your  heirs,  legal 
representatives, and successors. 

If  any  provision  of 

this 
20.  Severability. 
Agreement, including any portion of  the arbitration 
agreement  set  forth  above  in  Section  17,  is 
determined  to  be  invalid  or  unenforceable  under 
the  validity  or 
law,  or  regulation, 
any  rule, 
enforceability  of  any  other  provision  of 
this 
Agreement  shall  not  be  affected,  and  in  lieu  of 
such invalid or unenforceable provision there shall 
be added automatically, as part of this Agreement, 
a provision as similar in terms as may be valid and 
enforceable, 
the 
foregoing,  if  a  class  action  litigation  or  a  class- 
wide  arbitration  is permitted for any reason, either 
party  may  require  that  the  entire  Dispute,  as 
defined in Section 17 above, be heard by a judge, 
sitting  without  a  jury,  under  applicable  court  rules 
and procedures. 

if  possible.  Notwithstanding 

21.  Foreign  Currency  Conversion  Rate.  If  you 
effect a transaction at a merchant that settles in a 
currency  other  than  U.S.  dollars,  MasterCard  will 
convert  the  charge  into  a  U.S.  dollar  amount. 
MasterCard's  currency  conversion  procedure 
includes  use  of  either  a  government-mandated 
exchange  rate,  or  a  wholesale  exchange  rate 
selected  by  MasterCard,  and  the  government- 
mandated  exchange  rate  or  wholesale  exchange 
rate  MasterCard  uses  for  a  particular  transaction 
is  the  rate  MasterCard  selects  for  the  applicable 
currency  on  the  day  the  transaction  is  processed, 
which  may  differ  from  that  applicable  to  the  date 
the transaction occurred or when it is posted to the 
cardholder's Account. 

22.  Credit  Reporting  Information.  Because  you 
have  requested  a  Card,  we  are  entitled  under 
applicable  law,  including the  Fair  Credit  Reporting 
Act,  to  obtain  information  about  you  from  a  credit 
reporting  agency.  We  may  also  verify  your  credit 
references  and  other  information  that  you  provide 
to  us.  We  may  obtain  updated  or  additional 
information    about    you,    including    consumer 

11 

 
 
 
 
 
 
 
 
 
reports,  from  time  to  time  for  any  legitimate 
purpose including, but not limited to, the extension 
of  credit  to  you  or  the  review  or  collection  of  your 
Account.  We  will  report  information  about  your 
account  to  credit bureaus.  Late  payments, missed 
payments,  or  other  defaults  in  your  account  may 
be  reflected  in  your  credit  report.  If  you  believe 
that our report is inaccurate  or incomplete,  please 
write  us  at  the  following  address:  First  Progress 
Card,  P.O.  Box  84010,  Columbus,  GA  31908- 
4010. 

23. Call Monitoring/Recording. You authorize us 
and any third party servicing your Account to listen 
to and record telephone calls between you and us 
and  telephone  calls  between  you  and  any  third 
party  service  provider,  in  order  to  evaluate  the 
quality of service or for any other lawful purpose. 

24.  Servicing  Account.  You  authorize  us  or  any 
of   our   agents   to   contact   you   at   any   of   the 
telephone  numbers  you  have  listed  on  your  credit 
application or any other number you provide to us, 
including  a  ported  landline,  regarding  payments 
due  or  other  information  about  your  Account.  You 
authorize  us  to leave a  message  with  a person  or 
on a voice mail service that  answers the numbers 
you have provided to us. You also authorize us to 
send  U.S.  postal  mail  or  email  to  the  addresses 
you  provide  to  us  on  your  credit  application  or 
otherwise. We can also contact other persons you 
have  listed  on  your  credit  application  to  find  out 
information  about  you  and  how  to  contact  you  in 
the  event  we  are  unsuccessful  in  contacting  you 
as  described above.  If you  have  agreed to  accept 
text  messages  from  us  on  your  mobile,  cellular 
telephone  or  similar  devices,  we  can  contact  you 
using  text  messages.  You  authorize  us  to  call 
using  an  automated  telephone  dialing  system 
and/or prerecorded messages. You  also authorize 
us  to  send  you  emails  to  any  address  where  we 
can  reasonably  believe  we  can  contact  you.  You 
may  be  charged  by  your  wireless  provider  to 
receive text messages. 

25.  Other  Services.  You  understand  that  from 
time  to  time  we  may  partner  with  third  parties  to 
offer  you  additional 
features,  services  and 
enhancements,  including,  but  not  limited  to,  credit 
protection,  credit  life,  disability  or  unemployment 
insurance, common carrier travel insurance, credit 

card  registration  for  lost  or  stolen  credit  cards, 
emergency cash service, address change service, 
and  other  travel  related  services.  You  understand 
that  we  are  not  liable  for  these features,  services, 
and  enhancements,  and 
the  sole 
responsibility  of  the  third  parties.  You  agree  to 
hold  us  harmless  from  any  claims,  actions,  or 
damages  resulting  from  your  use  of  any  of  these 
features,  enhancements,  or  services,  when 
permitted by applicable law. If you elect any of the 
foregoing, you authorize us to charge the premium 
or fee to the Account as a Purchase. 

they  are 

26.  Sale/Assignment/Transfer.  We  may  sell, 
assign,  or  transfer  all  or  any  portion  of  your 
Account  or  any  balances  due  under  your  Account 
without  prior  notice  to  you.  You  may  not  sell, 
assign,  or  transfer  your  Card  or  your  Account  or 
any of your obligations under this Agreement. 

27.  Entire  Agreement.  This  Agreement,  including 
the  accompanying  Summary  of  Terms,  together 
with  your  Application,  constitutes  the  final  and 
complete  expression  of 
the  credit  agreement 
between  you  and  us  relating  to  your  Account  and 
supersedes  and  may  not  be  contradicted  by 
evidence  of  any  prior,  contemporaneous,  or 
subsequent  oral  credit  agreement  between  you 
and us relating to your Account. 

28. USA Patriot Act. To help the government fight 
the  funding  of  terrorism  and  money  laundering 
activity,  Federal 
financial 
institutions to  obtain,  verify and  record information 
that identifies each person who opens an Account. 

requires  all 

law 

What  this  means  to  you:  When  you  open  an 
Account  we  will  ask  you  for  your  name,  address, 
social  security  number,  date  of  birth  and  other 
information that will allow us to identify you. 

29.  How  to  Contact Us.  For  general  inquiries  we 
can  be  reached  in  writing  at:  First  Progress  Card, 
PO  Box  84010.  Columbus,  GA  31908-4010.  Or, 
you can call our Customer Service Department at 
1-866-706-5543.  Payments  should  be  mailed  to 
the address listed on your Billing Statement. 

12 

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

Synovus Bank 
P.O. Box 84010 Columbus, GA 31908-4010. 

In your letter, give us the following information: 
 Account information: Your name and the last four 
digits of the account number. 
 Dollar amount: The dollar amount of the 
suspected error. 
 Description of problem: If you think there is an 
error on your bill, describe what you believe is 
wrong and why you believe it is a mistake. 

You must contact us: 
• Within 60 days after the error appeared on your 
statement. 
•  At  least  3  business  days  before  an  automated 
payment is scheduled, if you want to stop payment 
on the amount you think is wrong. 

You   must   notify   us   of   any   potential   errors   in 
writing.  You  may call  us,  but  if  you  do  we  are  not 
required  to  investigate  any  potential  errors  and 
you may have to pay the amount in question. 

What   Will   Happen   After   We   Receive   Your 
Letter 
When  we  receive  your  letter,  we  must  do  two 
things: 

1.    Within  30  days  of  receiving  your  letter,  we 
must  tell  you  that  we  received  your  letter. 
We  will  also  tell  you  if  we  have  already 
corrected the error. 

2.   Within  90  days  of  receiving  your  letter,  we 
must  either  correct  the  error  or  explain  to 
you why we believe the bill is correct. 

While  we  investigate  whether  or  not  there  has 
been an error: 
 We cannot try to collect the amount in question, 
or report you as delinquent on that amount. 

  The  charge  in  question  may  remain  on  your 
statement,  and  we  may  continue  to  charge  you 
interest on that amount. 
  While  you  do  not  have  to  pay  the  amount  in 
question, you are responsible for the remainder of 
your balance. 
  We  can  apply  any  unpaid  amount  against  your 
credit limit. 

After we finish our investigation, one of two things 
will happen: 

  If  we  made  a  mistake:  You  will  not  have  to  pay 
the  amount  in  question  or  any  interest  or  other 
fees related to that amount. 

  If  we  do  not  believe  there  was  a  mistake:  You 
will have to pay the amount in question, along with 
applicable  interest  and  fees.  We  will  send  you  a 
statement  of  the  amount  you  owe  and  the  date 
payment  is  due.  We  may  then  report  you  as 
delinquent  if  you  do  not  pay  the  amount  we  think 
you owe. 

If you receive our explanation but still believe your 
bill  is  wrong,  you  must  write  to  us  within  10  days 
telling us that  you  still  refuse  to pay.  If  you  do  so, 
we  cannot  report  you  as  delinquent  without  also 
reporting  that  you  are  questioning  your  bill.  We 
must  tell  you  the  name  of  anyone  to  whom  we 
reported you as delinquent, and we must let those 
organizations  know  when  the  matter  has  been 
settled between us. 

If  we  do  not  follow  all  of  the  rules  above,  you  do 
not  have  to  pay  the  first  $50  of  the  amount  you 
question even if your bill is correct. 

Your  Rights  If  You  Are  Dissatisfied  With 
Your 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. 
13 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(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: 

Synovus Bank 
P.O. Box 84010 Columbus, GA 31908-4010 

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. 

STATE NOTICES 
IN  EXCESS  OF 
SERVICE  CHARGES  NOT 
THOSE  PERMITTED  BY  LAW  WILL  BE 
CHARGED 
  OUTSTANDING 
  YOUR 
BALANCE FOR EACH BILLING CYCLE. 

  ON 

YOU  MUST  MAINTAIN  A  DEPOSIT  ACCOUNT 
AS  SECURITY  FOR  THIS  CREDIT  CARD 
ACCOUNT,    AND    SHALL    GRANT    US    A 
IN  THIS  DEPOSIT 
SECURITY 
ACCOUNT. 

INTEREST 

CALIFORNIA  RESIDENTS:  A  married  applicant 
may apply for a separate account. 

Section  12-510  of  the  Commercial  Law  Code  to 
receive  an  answer  to  a  written  inquiry  concerning 
the status of your account. 

this  Agreement  are  subject 

NEW  JERSEY  RESIDENTS:  Because  certain 
to 
provisions  of 
applicable  law,  they  may  be  void,  unenforceable 
or   inapplicable   in   some   jurisdictions.   None   of 
these  provisions,  except  for  clause  (g)  of  Section 
11,    however,    is    void,    unenforceable    or 
inapplicable in New Jersey. 

laws  against 
OHIO  RESIDENTS:  The  Ohio 
discrimination require that all creditors make credit 
equally  available  to  all  credit  worthy  customers, 
and 
reporting  agencies  maintain 
separate    histories    on    each    individual    upon 
request.  The  Ohio  civil 
rights  commission 
administers compliance with this law. 

that  credit 

NOTICE TO THE BUYER 

1.   DO NOT SIGN THIS CREDIT 

AGREEMENT BEFORE YOU READ IT OR 
IF IT CONTAINS ANY BLANK SPACES. 

2.   YOU ARE ENTITLED TO A 

COMPLETELY FILLED IN COPY OF THIS 
CREDIT AGREEMENT. 

3.   YOU MAY AT ANY TIME PAY MORE 
THAN THE MINIMUM PAYMENT, OR 
YOUR ENTIRE BALANCE IN FULL 
WITHOUT INCURRING ANY 
ADDITIONAL CHARGE FOR 
PREPAYMENT. 

NEW  YORK RESIDENTS: RETAIL INSTALMENT 
CREDIT AGREEMENT 
CARDHOLDER:  Your  signature  (including  any 
electronic  or  digital  signature)  on  any 
Application  or  on  any  sales  slip  or  other 
evidence  of  indebtedness  on  your  Account  or 
any  action  that  you  may  take  to  begin  a 
transaction  represents  your  signature  on  this 
Agreement. 

CALIFORNIA  AND  NEVADA  RESIDENTS: 
is 
this  Agreement, 
Pursuant 
compounded on unpaid amounts. 

interest 

to 

MARYLAND  RESIDENTS:  Finance  Charges  will 
be imposed in amounts or at rates not in excess of 
those  permitted  by  law.  You  have  the  right  under 

14